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Arkansas General Assembly· HB 1867WITHDRAWN BY AUTHOR

An act TO ESTABLISH THE NO GOVERNMENT TRESPASSING 10 ACT, 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                A Bill
2 95th General Assembly

3 Regular Session, 2025                                                 HOUSE BILL 1867

4

5 By: Representative B. McKenzie

6

7

8                                 For An Act To Be Entitled

9               AN ACT TO ESTABLISH THE NO GOVERNMENT TRESPASSING

10              ACT; TO PROHIBIT GAME WARDEN TRESPASS ONTO PRIVATE

11              LAND; AND FOR OTHER PURPOSES.

12

13

14                                 Subtitle

15                       TO ESTABLISH THE NO GOVERNMENT

16                       TRESPASSING ACT; AND TO PROHIBIT GAME

17                       WARDEN TRESPASS ONTO PRIVATE LAND.

18

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

20

21  SECTION 1. Arkansas Code Title 15, Chapter 41, is amended to add an

22 additional subchapter to read as follows:

23                       Subchapter 4 -- No Government Trespassing Act

24

25  15-41-401. Title.

26  This subchapter shall be known and may be cited as the "No Government

27 Trespassing Act".

28

29  15-41-402. Game warden entry onto private land prohibited --

30 Exceptions.

31  Notwithstanding any provision of state or federal law, in the course of

32 performing his or her duties, a game warden may not enter private land unless

33 the game warden has:

34              (1) A warrant; or

35              (2)(A) Except as provided in subdivision (2)(B) of this section,

36 the explicit or implied permission of an owner or a lessee of the land.

    *CRH035*                                                    12/13/2024 9:41:37 AM CRH035
                                                                         HB1867

1               (B) A game warden may enter private land without the

2 explicit or implied permission of an owner or a lessee of the land if

3 probable cause exists that there is a legitimate need to respond to:

4               (i) Injured or distressed wildlife;

5               (ii) An emergency situation;

6               (iii) An accident; or

7               (iv) An imminent threat to public safety occurring

8 on the private land that requires immediate intervention.

9

10  15-41-403. Penalties and liability.

11  (a) Evidence obtained pursuant to a search or seizure conducted in

12 violation of this subchapter is inadmissible in an administrative or judicial

13 proceeding.

14  (b) An arrest or property seizure made pursuant to a search or seizure

15 conducted in violation of this subchapter is invalid.

16  (c) A game warden is not immune from suit for a violation of this

17 subchapter.

18

19  15-41-404. Civil relief.

20  A person who is injured in connection with a violation of this

21 subchapter may bring an action under the Arkansas Civil Rights Act of 1993, �

22 16-123-101 et seq., for:

23              (1) Declaratory relief;

24              (2) Injunctive relief;

25              (3) Compensatory damages;

26              (4) Nominal damages; and

27              (5) Reasonable attorney's fees.

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