An act TO REQUIRE A COURT TO CONSIDER THE IMPACT OF 10 FACTORS SUCH AS TRAUMA AND INVOLVEMENT WITH THE CHILD 11 WELFARE SYSTEM ON A PERSON WHO COMMITTED A CRIME AS A 12 MINOR DURING A TRANSFER OR SENTENCING HEARING, the official text

Stricken language would be deleted from and underlined language would be added to present law.

1 State of Arkansas           As Engrossed: S4/7/25 H4/9/25
2 95th General Assembly
                                       A Bill

3 Regular Session, 2025                                            SENATE BILL 458

4

5 By: Senator G. Leding

6 By: Representative Clowney

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8                             For An Act To Be Entitled

9   AN ACT TO REQUIRE A COURT TO CONSIDER THE IMPACT OF

10  FACTORS SUCH AS TRAUMA AND INVOLVEMENT WITH THE CHILD

11  WELFARE SYSTEM ON A PERSON WHO COMMITTED A CRIME AS A

12  MINOR DURING A TRANSFER OR SENTENCING HEARING; AND

13  FOR OTHER PURPOSES.

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15

16                            Subtitle

17                       TO REQUIRE A COURT TO CONSIDER THE

18                       IMPACT OF FACTORS SUCH AS TRAUMA AND

19                       INVOLVEMENT WITH THE CHILD WELFARE

20                       SYSTEM ON A PERSON WHO COMMITTED A CRIME

21                       AS A MINOR DURING A TRANSFER OR

22                       SENTENCING HEARING.

23

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

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26  SECTION 1. Arkansas Code � 9-27-318(g), concerning what a court is

27 required to consider in a hearing on the transfer of a delinquency matter to

28 a criminal division of circuit court, is amended to read as follows:

29  (g) In the transfer hearing, the court shall consider all of the

30 following factors:

31  (1) The seriousness of the alleged offense and whether the

32 protection of society requires prosecution in the criminal division of

33 circuit court;

34  (2) Whether the alleged offense was committed in an aggressive,

35 violent, premeditated, or willful manner;

36  (3) Whether the offense was against a person or property, with

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    As Engrossed: S4/7/25 H4/9/25                                         SB458

1 greater weight being given to offenses against persons, especially if

2 personal injury resulted;

3       (4) The culpability of the juvenile, including the level of

4 planning and participation in the alleged offense;

5       (5) The previous history of the juvenile, including whether the

6 juvenile had been adjudicated a juvenile offender and, if so, whether the

7 offenses were against persons or property, and any other previous history of

8 antisocial behavior or patterns of physical violence;

9       (6) The sophistication or maturity of the juvenile as determined

10 by consideration of the juvenile's home, environment, emotional attitude,

11 pattern of living, or desire to be treated as an adult;

12      (7) Whether there are facilities or programs available to the

13 judge of the juvenile division of circuit court that are likely to

14 rehabilitate the juvenile before the expiration of the juvenile's twenty-

15 first birthday;

16      (8) Whether the juvenile acted alone or was part of a group in

17 the commission of the alleged offense;

18      (9) Written reports, and other materials, and any other

19 information relating to the juvenile's mental, physical, educational, and

20 social history, including without limitation exposure to adverse childhood

21 experiences, childhood trauma, involvement in the child welfare or foster

22 care systems, status as a victim of human trafficking, sexual abuse, or rape;

23 and

24      (10) Any other factors deemed relevant by the judge.

25

26      SECTION 2. Arkansas Code � 9-27-503(c)(9), concerning a court's

27 findings and consideration of written reports and materials relating to a

28 juvenile's mental, physical, educational, and social history as a factor in

29 deciding to designate a juvenile as an extended juvenile jurisdiction

30 offender, is amended to read as follows:

31      (9) Written reports, and other materials, and any other

32 information relating to the juvenile's mental, physical, educational, and

33 social history, including without limitation exposure to adverse childhood

34 experiences, childhood trauma, involvement in the child welfare or foster

35 care systems, status as a victim of human trafficking, sexual abuse, or rape;

36 and

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    As Engrossed: S4/7/25 H4/9/25                                             SB458

1          SECTION 3. Arkansas Code Title 16, Chapter 90, Subchapter 1, is

2 amended to add an additional section to read as follows:

3          16-90-124. Sentencing of juvenile or person convicted for offense

4 committed as juvenile -- Factors.

5          If a person is convicted for an offense that the person committed when

6 he or she was less than eighteen (18) years of age, the court shall, in

7 addition to any other factors that the court is required to consider before

8 imposing a sentence upon the person, consider the following:

9          (1) The exposure of the juvenile or person who committed the

10 offense as a juvenile to adverse childhood experiences or childhood trauma,

11 involvement in the child welfare or foster care systems, status as a victim

12 of human trafficking, sexual abuse, or rape, and the impact of trauma on the

13 juvenile's behavior; and

14         (2) The differences between a juvenile offender and an adult

15 offender, including without limitation the diminished culpability of a

16 juvenile as compared to that of an adult and the typical characteristics of

17 youth.

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19                                   /s/G. Leding

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