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 1948
4
5 By: Representative Joey Carr
6 By: Senator D. Wallace
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8 For An Act To Be Entitled
9 AN ACT CONCERNING THE OFFENSE OF NEGLIGENT HOMICIDE
10 AS A RESULT OF OPERATING A VEHICLE, AN AIRCRAFT, OR A
11 WATERCRAFT; TO AMEND THE CONDITIONS UNDER WHICH THE
12 OFFENSE OF NEGLIGENT HOMICIDE IS COMMITTED; TO REPEAL
13 THE ABILITY OF A PROSECUTING ATTORNEY OR DEFENDANT TO
14 SUBPOENA CERTAIN INDIVIDUALS BEFORE A HEARING OR
15 TRIAL; AND FOR OTHER PURPOSES.
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18 Subtitle
19 TO AMEND THE CONDITIONS UNDER WHICH THE
20 OFFENSE OF NEGLIGENT HOMICIDE IS
21 COMMITTED; AND TO REPEAL THE ABILITY OF
22 A PROSECUTING ATTORNEY OR DEFENDANT TO
23 SUBPOENA CERTAIN INDIVIDUALS BEFORE A
24 HEARING OR TRIAL.
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26 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
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28 SECTION 1. Arkansas Code � 5-10-105(a)(1), concerning the offense of
29 negligent homicide as a result of operating a vehicle, an aircraft, or a
30 watercraft, is amended to read as follows:
31 (a)(1) A person commits negligent homicide if he or she negligently
32 causes the death of another person, not constituting murder or manslaughter,
33 as a result of operating a vehicle, an aircraft, or a watercraft:
34 (A) While intoxicated;
35 (B)(i) If at that time there is an alcohol concentration
36 of eight hundredths (0.08) or more in the person's breath or blood based upon
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HB1948
1 the definition of alcohol concentration in � 5-65-204, as determined by a
2 chemical test of the person's blood, urine, breath, saliva, or other bodily
3 substance.
4 (ii) The method of the chemical test of the person's
5 blood, urine, saliva, breath, or other bodily substance shall be made in
6 accordance with �� 5-65-204 and 5-65-206;
7 (C) While passing a stopped school bus in violation of �
8 27-51-1004 if the person is operating a vehicle; or
9 (D) While fatigued; or
10 (E)(i) While there is any amount of a controlled substance
11 present in the person, as determined by a chemical test of the person's
12 blood, urine, breath, saliva, or other bodily substance and the person was
13 operating a vehicle.
14 (ii) The method of the chemical test of the person's
15 blood, urine, saliva, breath, or other bodily substance shall be made in
16 accordance with � 5-65-208.
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18 SECTION 2. Arkansas Code � 5-10-105(c), concerning definitions related
19 to the offense of negligent homicide, is amended to add an additional
20 subdivision to read as follows:
21 (3) "Controlled substance" means:
22 (A) Fentanyl;
23 (B) Methamphetamine;
24 (C) Heroin; or
25 (D) Cocaine.
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27 SECTION 3. Arkansas Code � 5-65-206(d)(3), concerning compelling the
28 testimony of certain persons by subpoena, is amended to read as follows.
29 (3)(A) A person charged with violating � 5-65-103 has the right
30 to cross-examine or call as a witness:
31 (i)(A) The person who calibrates the instrument conducting
32 a chemical analysis of the person's bodily substances;
33 (ii)(B) The operator of the instrument conducting a
34 chemical analysis of the person's bodily substances; or
35 (iii)(C) A representative of the office.
36 (B)(i) The prosecuting attorney or the defendant may
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HB1948
1 compel the testimony of a person listed in subdivision (d)(3)(A) of this
2 section by a subpoena issued to that person at least ten (10) days before the
3 date of the hearing or trial.
4 (ii) The person whose testimony is compelled shall
5 have with him or her the record or report at issue, and the record or report
6 is admissible at the hearing or trial.
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3 04/01/2025 9:49:12 AM TNL387Every fact on this page links to its source, starting with the official bill record.