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Arkansas General Assembly· HB 1765Died in House Committee at Sine Die adjournment.

An act TO AMEND THE LAW CONCERNING DOMESTIC BATTERING 11 IN THE THIRD DEGREE, the official text

Shown verbatim: the complete text as captured from the official PDF posted by the Arkansas General Assembly, fetched 2026-07-23. Page and line markers are part of the official record; nothing is edited or removed. The official bill page.
Stricken language would be deleted from and underlined language would be added to present law.

1 State of Arkansas

2                                   A Bill

3 95th General Assembly

4 Regular Session, 2025                                         HOUSE BILL 1765

5

6 By: Representative Underwood

7 By: Senator J. Bryant

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9                               For An Act To Be Entitled

10             AN ACT TO AMEND THE LAW CONCERNING DOMESTIC BATTERING

11             IN THE THIRD DEGREE; TO AMEND THE OFFENSE

12             CLASSIFICATION ENHANCEMENT BASED ON PRIOR ACTS; AND

13             FOR OTHER PURPOSES.

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15

16                                  Subtitle

17                       TO AMEND THE LAW CONCERNING DOMESTIC

18                       BATTERING IN THE THIRD DEGREE; AND TO

19                       AMEND THE OFFENSE CLASSIFICATION

20                       ENHANCEMENT BASED ON PRIOR ACTS.

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22 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:

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24       SECTION 1. Arkansas Code � 5-26-305(b), concerning the classification

25 of domestic battering in the third degree, is amended to read as follows:

26       (b)(1) Domestic battering in the third degree is a Class A

27 misdemeanor.

28             (2) However, domestic battering in the third degree is a Class D

29 felony if:

30                       (A) Committed against a woman the person knew or

31 reasonably should have known was pregnant; or

32                       (B) The person committed one (1) or more of the following

33 offenses acts that would constitute any of the following offenses within five

34 (5) years of the offense of domestic battering in the third degree:

35                              (i) Domestic battering in the first degree, � 5-26-

36 303;

    *CEB063*                                                    03/12/2025 11:27:49 AM CEB063
                                                                         HB1765

1                         (ii) Domestic battering in the second degree, � 5-26-

2 304;

3                         (iii) Domestic battering in the third degree;

4                         (iv) Aggravated assault on a family or household

5 member, � 5-26-306; or

6                         (v) A violation of an equivalent penal law of this

7 state or of another state or foreign jurisdiction.

8                  (C) If the person has not been convicted of a prior act

9 listed under subdivision (b)(2)(B) of this section, the state may establish a

10 classification enhancement by proving the commission of a prior act listed in

11 subdivision (b)(2)(B) of this section beyond a reasonable doubt during its

12 case in chief.

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