Text of AR SB 270 (2023)

Stricken language would be deleted from and underlined language would be added to present law. *JLC017* 2/15/2023 10:43:03 AM JLC017 State of Arkansas 1 94th General Assembly A Bill 2 Regular Session, 2023 SENATE BILL 270 3 4 By: Senators J. Payton, Gilmore, Irvin, B. Johnson, M. Johnson, Stone, D. Wallace 5 By: Representative Crawford 6 7 For An Act To Be Entitled 8 AN ACT TO AMEND THE CRIMINAL OFFENSE OF SEXUAL 9 INDECENCY WITH A CHILD; AND FOR OTHER PURPOSES. 10 11 12 Subtitle 13 TO AMEND THE CRIMINAL OFFENSE OF SEXUAL 14 INDECENCY WITH A CHILD. 15 16 17 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 18 19 SECTION 1. Arkansas Code § 5-1-109(a)(1)(E), concerning offenses for 20 which prosecution may commence at any time, is amended to read as follows: 21 (E) Sexual indecency with a child, § 5-14-110, if the 22 offense is a felony; 23 24 SECTION 2. Arkansas Code § 5-4-703(a)(8), concerning an additional 25 fine for certain offenses committed against a child or in the presence of a 26 child, is amended to read as follows: 27 (8) Sexual indecency with a child, § 5-14-110, if the offense is 28 a felony or Class A misdemeanor, indecent exposure, § 5-14-112, sexual 29 assault in the third degree, § 5-14-126, or sexual assault in the fourth 30 degree, § 5-14-127; 31 32 SECTION 3. Arkansas Code § 5-13-210(f)(2), concerning the offense of 33 introduction of a controlled substance into the body of another person, is 34 amended to read as follows: 35 (2) Engaging in any unlawful sexual act, as defined in § 5-14- 36 SB270 2 2/15/2023 10:43:03 AM JLC017 101 et seq., except for a misdemeanor violation of sexual indecency with a 1 child, § 5-14-110; 2 3 SECTION 4. Arkansas Code § 5-14-110(a), concerning the conduct that 4 constitutes the offense of sexual indecency with a child, is amended to add 5 additional subdivisions to read as follows: 6 (6) Being eighteen (18) years of age or older, the person 7 knowingly exposes his or her sex organs to a minor of the opposite sex in a 8 public changing facility; or 9 (7)(A) Being eighteen (18) years of age or older, the person 10 enters into or remains in a public changing facility that is assigned to 11 persons of the opposite sex while knowing a minor of the opposite sex is 12 present in the public changing facility. 13 (B) Subdivision (7)(A) of this section does not apply to a 14 person entering into or remaining in a public changing facility: 15 (i) With a minor under seven (7) years of age if the 16 person is the minor’s parent, guardian, or family member, or is otherwise 17 authorized to care for the minor; 18 (ii) For maintenance or inspection purposes if the 19 person is authorized to conduct maintenance or inspection of the public 20 changing facility; 21 (iii) To render medical assistance; 22 (iv) To accompany a person needing assistance when 23 the actor is the parent, guardian, or family member, or is otherwise 24 authorized to care for the person needing assistance; 25 (v) To provide assistance in using the public 26 changing facility; 27 (vi) If the public changing facility has been 28 temporarily designated for use by persons of the same sex as the person 29 entering into or remaining in the public changing facility; or 30 (vii) Who is a certified law enforcement or 31 corrections officer accompanying a person of the opposite sex in his or her 32 custody. 33 34 SECTION 5. Arkansas Code § 5-14-110(b), concerning the offense of 35 sexual indecency with a child, is amended to read as follows: 36 SB270 3 2/15/2023 10:43:03 AM JLC017 (b) Sexual indecency with a child is a: 1 (1) Class D felony under subdivisions (a)(1)-(5) of this 2 section; 3 (2) Class A misdemeanor under subdivision (a)(6) of this 4 section; and 5 (3) Class C misdemeanor under subdivision (a)(7) of this 6 section. 7 8 SECTION 6. Arkansas Code § 5-14-110, concerning the offense of sexual 9 indecency with a child, is amended to add an additional subsection to read as 10 follows: 11 (c) As used in this section: 12 (1) “Sex” means a person's immutable biological sex as 13 objectively determined by anatomy and genetics existing at the time of birth; 14 and 15 (2)(A) “Public changing facility” means a public or private 16 facility that is held out as open to the public and designed to be used at a 17 time during which a person may be in a state of undress in the presence of 18 other persons. 19 (B) “Public changing facility” includes without limitation 20 a restroom, bathroom, locker room, or shower room. 21 (C) “Public changing facility” does not include a private 22 dressing area open to the public that is designed for changing into and out 23 of clothing that is for sale in a commercial establishment that engages in 24 the sale of clothing. 25 26 SECTION 7. Arkansas Code § 5-14-201(2), concerning the definitions to 27 be used in relation to medical records of a person charged with a sex crime, 28 is amended to read as follows: 29 (2) “Sex crime” means any offense described in § 5-14-101 et 30 seq., except for a misdemeanor violation of sexual indecency with a child, § 31 5-14-110, or § 5-70-101 et seq. 32 33 SECTION 8. Arkansas Code § 6-17-116(b)(2), concerning the definitions 34 to be used under The Arkansas School Children Protection Act, is amended to 35 read as follows: 36 SB270 4 2/15/2023 10:43:03 AM JLC017 (2) A “sexual offense” is one described in § 5-14-101 et seq., 1 except for a misdemeanor violation of sexual indecency with a child, § 5-14- 2 110. 3 4 SECTION 9. Arkansas Code § 6-17-410(c)(14), concerning a disqualifying 5 offense for licensure to be a teacher, is amended to read as follows: 6 (14) Sexual indecency with a child as prohibited in § 5-14-110, 7 if a the offense is a felony; 8 9 SECTION 10. Arkansas Code § 6-17-414(b)(15), concerning a 10 disqualifying offense for employment of nonlicensed personnel of an 11 educational entity, is amended to read as follows: 12 (15) Sexual indecency with a child as prohibited in § 5-14-110, 13 if the offense is a felony; 14 15 SECTION 11. Arkansas Code § 9-28-409(e)(3)(ZZ), concerning offenses 16 that disqualify a person from having direct and unsupervised contact with a 17 child in the care of a child welfare agency, is amended to read as follows: 18 (ZZ) Sexual offenses, § 5-14-101 et seq., except for a 19 misdemeanor violation of sexual indecency with a child, § 5-14-110; 20 21 SECTION 12. Arkansas Code § 12-12-104(f)(2)(B), concerning the 22 definition of "sex offense" as used in the retention and disposition of 23 physical evidence in sex offense prosecutions, is amended to read as follows: 24 (B) Sexual indecency with a child, § 5-14-110, if the 25 offense is a felony; 26 27 SECTION 13. Arkansas Code § 12-12-401(8), concerning the definitions 28 to be used in medical-legal examinations that are conducted during the 29 investigation and reporting of a sexual assault, is amended to read as 30 follows: 31 (8) “Victim” means any person who has been a victim of any 32 alleged sexual assault or incest as defined by § 5-14-101 et seq., except for 33 a misdemeanor violation of sexual indecency with a child, § 5-14-110, and § 34 5-26-202. 35 36 SB270 5 2/15/2023 10:43:03 AM JLC017 SECTION 14. Arkansas Code § 12-12-903(13)(A)(i)(b), concerning the 1 definition of "sex offense" under the Sex Offender Registration Act of 1997, 2 is amended to read as follows: 3 (b) Sexual indecency with a child, § 5-14-110, 4 if the offense is a felony; 5 6 SECTION 15. Arkansas Code § 12-12-1103(9), concerning the definitions 7 to be used under the State Convicted Offender DNA Data Base Act, is amended 8 to read as follows: 9 (9)(A) “Qualifying offense” means any felony offense as defined 10 in the Arkansas Criminal Code or a sexual offense classified as a misdemeanor 11 as defined by the Arkansas Criminal Code or a repeat offense as defined in 12 this section; and. 13 (B) “Qualifying offense” does not include a misdemeanor 14 violation of sexual indecency with a child, § 5-14-110; and 15 16 SECTION 16. Arkansas Code § 16-42-101(b), concerning the admissibility 17 of evidence of a victim's prior sexual conduct, is amended to read as 18 follows: 19 (b) In a criminal prosecution under § 5-14-101 et seq., except for a 20 misdemeanor violation of sexual indecency with a child, § 5-14-110, the Human 21 Trafficking Act of 2013, § 5-18-101 et seq., or § 5-26-202, or for criminal 22 attempt to commit, criminal solicitation to commit, or criminal conspiracy to 23 commit an offense defined in any of those sections, opinion evidence, 24 reputation evidence, or evidence of specific instances of the victim's prior 25 sexual conduct with the defendant or any other person, evidence of a victim's 26 prior allegations of sexual conduct with the defendant or any other person, 27 evidence of a person's prior sexual conduct when the person was a victim of 28 human trafficking, which allegations the victim asserts to be true, or 29 evidence offered by the defendant concerning prior allegations of sexual 30 conduct by the victim with the defendant or any other person if the victim 31 denies making the allegations is not admissible by the defendant, either 32 through direct examination of any defense witness or through cross- 33 examination of the victim or other prosecution witness, to attack the 34 credibility of the victim, to prove consent or any other defense, or for any 35 other purpose. 36 SB270 6 2/15/2023 10:43:03 AM JLC017 1 SECTION 17. Arkansas Code § 16-82-101(b)(1)(A), concerning the testing 2 for human immunodeficiency virus for a conviction of a sexual offense, is 3 amended to read as follows: 4 (b)(1)(A) A person arrested and charged with violating § 5-14-103, § 5 5-14-110, if the offense is a felony, §§ 5-14-124 — 5-14-127, § 5-26-202, or 6 § 5-70-102 may be required by the court having jurisdiction of the criminal 7 prosecution, upon a finding of reasonable cause to believe that the person 8 committed the offense and subject to constitutional limitations, to be tested 9 for the presence of human immunodeficiency virus (HIV) or an antibody to 10 human immunodeficiency virus (HIV) unless the court determines that testing 11 the defendant would be inappropriate and documents the reasons for that 12 determination in the court record. 13 14 SECTION 18. Arkansas Code § 16-90-1101(6)(B), concerning the 15 definition of "sex offense" used in relation to the rights of crime victims, 16 is amended to read as follows: 17 (B) Sexual indecency with a child, § 5-14-110, if the 18 offense is a felony; 19 20 SECTION 19. Arkansas Code § 16-93-305(a), concerning probation for a 21 first time offender, is amended to read as follows: 22 (a) If a person enters a plea of guilty or nolo contendere to or is 23 found guilty of a sexual offense under § 5-14-101 et seq., except for a 24 misdemeanor violation of sexual indecency with a child, § 5-14-110, or 25 incest, § 5-26-202, perpetrated against a minor and is otherwise eligible for 26 probation, the person is prohibited as a condition of his or her probation 27 from residing in a residence with any minor unless the court makes a specific 28 finding that the person poses no danger to a minor residing in the residence. 29 30 SECTION 20. Arkansas Code § 16-93-314(b)(2)(A), concerning the 31 exceptions to the law authorizing the discharge of probation, is amended to 32 read as follows: 33 (A) The person applying for discharge has been convicted 34 of a sexual offense as defined by § 5-14-101 et seq., unless the offense was 35 a misdemeanor violation of sexual indecency with a child, § 5-14-110; and 36 SB270 7 2/15/2023 10:43:03 AM JLC017 1 SECTION 21. Arkansas Code § 17-3-102(a)(16), concerning offenses that 2 disqualify a person from receiving or holding a license issued by a licensing 3 entity, is amended to read as follows: 4 (16) Sexual indecency with a child as prohibited in § 5-14-110, 5 if the offense is a felony; 6 7 SECTION 22. Arkansas Code § 17-14-203(12)(C)(i)(i), concerning factors 8 that call into question an applicant's fitness for registration, licensure, 9 or certification by the Arkansas Appraiser Licensing and Certification Board 10 and the conviction of certain offenses within the previous five (5) years, is 11 amended to read as follows: 12 (i) A sexually related crime or act under § 5- 13 14-101 et seq., except for a misdemeanor violation of sexual indecency with a 14 child, § 5-14-110; 15 16 SECTION 23. Arkansas Code § 18-16-112(a)(4)(A)(ii), concerning the 17 definition of "sex crime" used in relation to landlord and tenant law and 18 protections for victims of domestic abuse, is amended to read as follows: 19 (ii) Sexual indecency with a child, § 5-14-110, if § 20 SECTION 24. Arkansas Code § 20-13-1106(a)(1)(O), concerning a 21 disqualifying offense for certification or recertification by the Division of 22 Emergency Medical Services, is amended to read as follows: 23 (O) Sexual indecency with a child as prohibited in § 5-14- 24 110, if the offense is a felony; 25 26 SECTION 25. Arkansas Code § 20-16-2402(9), concerning the definitions 27 contained in the Every Mom Matters Act related to reproductive health, is 28 amended to read as follows: 29 (9) "Sexual assault" means an act or offense described in § 5- 30 14-101 et seq., except for a misdemeanor violation of sexual indecency with a 31 child, § 5-14-110. 32 33 SECTION 26. Arkansas Code § 20-38-105(b)(16), concerning 34 disqualification from employment in certain health related professions, is 35 amended to read as follows: 36 SB270 8 2/15/2023 10:43:03 AM JLC017 (16) Any sexual offense, § 5-14-101 et seq., except for a 1 misdemeanor violation of sexual indecency with a child, § 5-14-110; 2 3 SECTION 27. Arkansas Code § 21-15-102(f)(15), concerning a 4 disqualifying offense for employment with a state agency in a position 5 involving direct contact with children and individuals with a disability, is 6 amended to read as follows: 7 (15) Sexual indecency with a child, as prohibited in § 5-14-110, 8 if the offense is a felony; 9 10 SECTION 28. Arkansas Code § 21-15-103(g)(15), concerning offenses 11 requiring discharge from employment with a state agency for certain 12 positions, is amended to read as follows: 13 (15) Sexual indecency with a child, as prohibited in § 5-14-110, 14 if the offense is a felony; 15 16 SECTION 29. Arkansas Code § 21-15-104(c)(8), concerning offenses for 17 which a waiver of exclusion or discharge requirement for persons in 18 designated positions is prohibited, is amended to read as follows: 19 (8) Sexual indecency with a child, § 5-14-110, if the offense is 20 a felony; 21 22 SECTION 30. Arkansas Code § 25-1-112, is amended to read as follows: 23 25-1-112. Sexual offenses screened in criminal background checks. 24 Whenever a criminal background check is performed on a person under the 25 provisions of any criminal background check requirement contained in this 26 Code for employment, licensure, or any other purpose, the person may be 27 disqualified for employment, licensure, or any other purpose for which the 28 background check was conducted if it is determined that the person committed 29 a violation of any sexual offense formerly proscribed under §§ 5-14-101 — 5- 30 14-103, 5-14-104 — 5-14-109 [repealed], 5-14-110, if the offense is a felony, 31 5-14-111 — 5-14-112, 5-14-113 — 5-14-119 [reserved], 5-14-120 — 5-14-121 32 [repealed], and 5-14-122 — 5-14-127, that is substantially equivalent to any 33 sexual offense presently listed in §§ 5-14-101 — 5-14-103, 5-14-104 — 5-14- 34 109 [repealed], 5-14-110, if the offense is a felony, 5-14-111 — 5-14-112, 5- 35 14-113 — 5-14-119 [reserved], 5-14-120 — 5-14-121 [repealed], and 5-14-122 — 36 SB270 9 2/15/2023 10:43:03 AM JLC017 5-14-127, and is an offense screened for in a criminal background check. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36

Stricken language would be deleted from and underlined language would be added to present law. Act 619 of the Regular Session *JLC017* 03-29-2023 10:44:39 JLC017 State of Arkansas As Engrossed: S2/22/23 S2/28/23 S3/2/23 H3/29/23 1 94th General Assembly A Bill 2 Regular Session, 2023 SENATE BILL 270 3 4 By: Senators J. Payton, Gilmore, Irvin, B. Johnson, M. Johnson, Stone, D. Wallace 5 By: Representative Crawford 6 7 For An Act To Be Entitled 8 AN ACT TO AMEND THE CRIMINAL OFFENSE OF SEXUAL 9 INDECENCY WITH A CHILD; AND FOR OTHER PURPOSES. 10 11 12 Subtitle 13 TO AMEND THE CRIMINAL OFFENSE OF SEXUAL 14 INDECENCY WITH A CHILD. 15 16 17 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 18 19 SECTION 1. Arkansas Code § 5-1-109(a)(1)(E), concerning offenses for 20 which prosecution may commence at any time, is amended to read as follows: 21 (E) Sexual indecency with a child, § 5-14-110, if the 22 offense is a felony; 23 24 SECTION 2. Arkansas Code § 5-4-703(a)(8), concerning an additional 25 fine for certain offenses committed against a child or in the presence of a 26 child, is amended to read as follows: 27 (8) Sexual indecency with a child, § 5-14-110, if the offense is 28 a felony or Class A misdemeanor, indecent exposure, § 5-14-112, sexual 29 assault in the third degree, § 5-14-126, or sexual assault in the fourth 30 degree, § 5-14-127; 31 32 SECTION 3. Arkansas Code § 5-13-210(f)(2), concerning the offense of 33 introduction of a controlled substance into the body of another person, is 34 amended to read as follows: 35 (2) Engaging in any unlawful sexual act, as defined in § 5-14- 36 As Engrossed: S2/22/23 S2/28/23 S3/2/23 H3/29/23 SB270 2 03-29-2023 10:44:39 JLC017 101 et seq., except for a misdemeanor violation of sexual indecency with a 1 child, § 5-14-110; 2 3 SECTION 4. Arkansas Code § 5-14-110(a), concerning the conduct that 4 constitutes the offense of sexual indecency with a child, is amended to add 5 an additional subdivision to read as follows: 6 (6)(A) Being eighteen (18) years of age or older, the person, 7 for the purpose of arousing or gratifying a sexual desire of himself or 8 herself or any other person, enters into or remains in a public changing 9 facility that is assigned to persons of the opposite sex while knowing a 10 minor of the opposite sex is present in the public changing facility. 11 (B) Subdivision (6)(A) of this section does not apply to a 12 person entering into or remaining in a public changing facility: 13 (i) With a minor under seven (7) years of age if the 14 person is the minor’s parent, guardian, or family member, or is otherwise 15 authorized to care for the minor; 16 (ii) For maintenance or inspection purposes if the 17 person is authorized to conduct maintenance or inspection of the public 18 changing facility; 19 (iii) To render medical assistance; 20 (iv) To accompany a person needing assistance when 21 the actor is the parent, guardian, or family member, or is otherwise 22 authorized to care for the person needing assistance; 23 (v) To provide assistance in using the public 24 changing facility; 25 (vi) If the public changing facility has been 26 temporarily designated for use by persons of the same sex as the person 27 entering into or remaining in the public changing facility; or 28 (vii) Who is a certified law enforcement or 29 corrections officer accompanying a person of the opposite sex in his or her 30 custody. 31 32 SECTION 5. Arkansas Code § 5-14-110(b), concerning the offense of 33 sexual indecency with a child, is amended to read as follows: 34 (b) Sexual indecency with a child is a: 35 (1) Class D felony under subdivisions (a)(1)-(5) of this 36 As Engrossed: S2/22/23 S2/28/23 S3/2/23 H3/29/23 SB270 3 03-29-2023 10:44:39 JLC017 section; and 1 (2) Class C misdemeanor under subdivision (a)(6) of this 2 section. 3 SECTION 6. Arkansas Code § 5-14-110, concerning the offense of sexual 4 indecency with a child, is amended to add an additional subsection to read as 5 follows: 6 (c) As used in this section: 7 (1) “Sex” means a person's immutable biological sex as 8 objectively determined by anatomy and genetics existing at the time of birth; 9 and 10 (2)(A) “Public changing facility” means a public or private 11 facility that is held out as open to the public and designed to be used at a 12 time during which a person may be in a state of undress in the presence of 13 other persons. 14 (B) “Public changing facility” includes without limitation 15 a restroom, bathroom, locker room, or shower room. 16 (C) “Public changing facility” does not include a private 17 dressing area open to the public that is designed for changing into and out 18 of clothing that is for sale in a commercial establishment that engages in 19 the sale of clothing. 20 21 SECTION 7. Arkansas Code § 5-14-201(2), concerning the definitions to 22 be used in relation to medical records of a person charged with a sex crime, 23 is amended to read as follows: 24 (2) “Sex crime” means any offense described in § 5-14-101 et 25 seq., except for a misdemeanor violation of sexual indecency with a child, § 26 5-14-110, or § 5-70-101 et seq. 27 28 SECTION 8. Arkansas Code § 6-17-116(b)(2), concerning the definitions 29 to be used under The Arkansas School Children Protection Act, is amended to 30 read as follows: 31 (2) A “sexual offense” is one described in § 5-14-101 et seq., 32 except for a misdemeanor violation of sexual indecency with a child, § 5-14- 33 110. 34 35 SECTION 9. Arkansas Code § 6-17-410(c)(14), concerning a disqualifying 36 As Engrossed: S2/22/23 S2/28/23 S3/2/23 H3/29/23 SB270 4 03-29-2023 10:44:39 JLC017 offense for licensure to be a teacher, is amended to read as follows: 1 (14) Sexual indecency with a child as prohibited in § 5-14-110, 2 if a the offense is a felony; 3 4 SECTION 10. Arkansas Code § 6-17-414(b)(15), concerning a 5 disqualifying offense for employment of nonlicensed personnel of an 6 educational entity, is amended to read as follows: 7 (15) Sexual indecency with a child as prohibited in § 5-14-110, 8 if the offense is a felony; 9 10 SECTION 11. Arkansas Code § 9-28-409(e)(3)(ZZ), concerning offenses 11 that disqualify a person from having direct and unsupervised contact with a 12 child in the care of a child welfare agency, is amended to read as follows: 13 (ZZ) Sexual offenses, § 5-14-101 et seq., except for a 14 misdemeanor violation of sexual indecency with a child, § 5-14-110; 15 16 SECTION 12. Arkansas Code § 12-12-104(f)(2)(B), concerning the 17 definition of "sex offense" as used in the retention and disposition of 18 physical evidence in sex offense prosecutions, is amended to read as follows: 19 (B) Sexual indecency with a child, § 5-14-110, if the 20 offense is a felony; 21 22 SECTION 13. Arkansas Code § 12-12-401(8), concerning the definitions 23 to be used in medical-legal examinations that are conducted during the 24 investigation and reporting of a sexual assault, is amended to read as 25 follows: 26 (8) “Victim” means any person who has been a victim of any 27 alleged sexual assault or incest as defined by § 5-14-101 et seq., except for 28 a misdemeanor violation of sexual indecency with a child, § 5-14-110, and § 29 5-26-202. 30 31 SECTION 14. Arkansas Code § 12-12-903(13)(A)(i)(b), concerning the 32 definition of "sex offense" under the Sex Offender Registration Act of 1997, 33 is amended to read as follows: 34 (b) Sexual indecency with a child, § 5-14-110, 35 if the offense is a felony; 36 As Engrossed: S2/22/23 S2/28/23 S3/2/23 H3/29/23 SB270 5 03-29-2023 10:44:39 JLC017 1 SECTION 15. Arkansas Code § 12-12-1103(9), concerning the definitions 2 to be used under the State Convicted Offender DNA Data Base Act, is amended 3 to read as follows: 4 (9)(A) “Qualifying offense” means any felony offense as defined 5 in the Arkansas Criminal Code or a sexual offense classified as a misdemeanor 6 as defined by the Arkansas Criminal Code or a repeat offense as defined in 7 this section; and. 8 (B) “Qualifying offense” does not include a misdemeanor 9 violation of sexual indecency with a child, § 5-14-110; and 10 11 SECTION 16. Arkansas Code § 16-42-101(b), concerning the admissibility 12 of evidence of a victim's prior sexual conduct, is amended to read as 13 follows: 14 (b) In a criminal prosecution under § 5-14-101 et seq., except for a 15 misdemeanor violation of sexual indecency with a child, § 5-14-110, the Human 16 Trafficking Act of 2013, § 5-18-101 et seq., or § 5-26-202, or for criminal 17 attempt to commit, criminal solicitation to commit, or criminal conspiracy to 18 commit an offense defined in any of those sections, opinion evidence, 19 reputation evidence, or evidence of specific instances of the victim's prior 20 sexual conduct with the defendant or any other person, evidence of a victim's 21 prior allegations of sexual conduct with the defendant or any other person, 22 evidence of a person's prior sexual conduct when the person was a victim of 23 human trafficking, which allegations the victim asserts to be true, or 24 evidence offered by the defendant concerning prior allegations of sexual 25 conduct by the victim with the defendant or any other person if the victim 26 denies making the allegations is not admissible by the defendant, either 27 through direct examination of any defense witness or through cross- 28 examination of the victim or other prosecution witness, to attack the 29 credibility of the victim, to prove consent or any other defense, or for any 30 other purpose. 31 32 SECTION 17. Arkansas Code § 16-82-101(b)(1)(A), concerning the testing 33 for human immunodeficiency virus for a conviction of a sexual offense, is 34 amended to read as follows: 35 (b)(1)(A) A person arrested and charged with violating § 5-14-103, § 36 As Engrossed: S2/22/23 S2/28/23 S3/2/23 H3/29/23 SB270 6 03-29-2023 10:44:39 JLC017 5-14-110, if the offense is a felony, §§ 5-14-124 — 5-14-127, § 5-26-202, or 1 § 5-70-102 may be required by the court having jurisdiction of the criminal 2 prosecution, upon a finding of reasonable cause to believe that the person 3 committed the offense and subject to constitutional limitations, to be tested 4 for the presence of human immunodeficiency virus (HIV) or an antibody to 5 human immunodeficiency virus (HIV) unless the court determines that testing 6 the defendant would be inappropriate and documents the reasons for that 7 determination in the court record. 8 9 SECTION 18. Arkansas Code § 16-90-1101(6)(B), concerning the 10 definition of "sex offense" used in relation to the rights of crime victims, 11 is amended to read as follows: 12 (B) Sexual indecency with a child, § 5-14-110, if the 13 offense is a felony; 14 15 SECTION 19. Arkansas Code § 16-93-305(a), concerning probation for a 16 first time offender, is amended to read as follows: 17 (a) If a person enters a plea of guilty or nolo contendere to or is 18 found guilty of a sexual offense under § 5-14-101 et seq., except for a 19 misdemeanor violation of sexual indecency with a child, § 5-14-110, or 20 incest, § 5-26-202, perpetrated against a minor and is otherwise eligible for 21 probation, the person is prohibited as a condition of his or her probation 22 from residing in a residence with any minor unless the court makes a specific 23 finding that the person poses no danger to a minor residing in the residence. 24 25 SECTION 20. Arkansas Code § 16-93-314(b)(2)(A), concerning the 26 exceptions to the law authorizing the discharge of probation, is amended to 27 read as follows: 28 (A) The person applying for discharge has been convicted 29 of a sexual offense as defined by § 5-14-101 et seq., unless the offense was 30 a misdemeanor violation of sexual indecency with a child, § 5-14-110; and 31 32 SECTION 21. Arkansas Code § 17-3-102(a)(16), concerning offenses that 33 disqualify a person from receiving or holding a license issued by a licensing 34 entity, is amended to read as follows: 35 (16) Sexual indecency with a child as prohibited in § 5-14-110, 36 As Engrossed: S2/22/23 S2/28/23 S3/2/23 H3/29/23 SB270 7 03-29-2023 10:44:39 JLC017 if the offense is a felony; 1 2 SECTION 22. Arkansas Code § 17-14-203(12)(C)(i)(i), concerning factors 3 that call into question an applicant's fitness for registration, licensure, 4 or certification by the Arkansas Appraiser Licensing and Certification Board 5 and the conviction of certain offenses within the previous five (5) years, is 6 amended to read as follows: 7 (i) A sexually related crime or act under § 5- 8 14-101 et seq., except for a misdemeanor violation of sexual indecency with a 9 child, § 5-14-110; 10 11 SECTION 23. Arkansas Code § 18-16-112(a)(4)(A)(ii), concerning the 12 definition of "sex crime" used in relation to landlord and tenant law and 13 protections for victims of domestic abuse, is amended to read as follows: 14 (ii) Sexual indecency with a child, § 5-14-110, if 15 the offense is a felony; 16 17 SECTION 24. Arkansas Code § 20-13-1106(a)(1)(O), concerning a 18 disqualifying offense for certification or recertification by the Division of 19 Emergency Medical Services, is amended to read as follows: 20 (O) Sexual indecency with a child as prohibited in § 5-14- 21 110, if the offense is a felony; 22 23 SECTION 25. Arkansas Code § 20-16-2402(9), concerning the definitions 24 contained in the Every Mom Matters Act related to reproductive health, is 25 amended to read as follows: 26 (9) "Sexual assault" means an act or offense described in § 5- 27 14-101 et seq., except for a misdemeanor violation of sexual indecency with a 28 child, § 5-14-110. 29 30 SECTION 26. Arkansas Code § 20-38-105(b)(16), concerning 31 disqualification from employment in certain health related professions, is 32 amended to read as follows: 33 (16) Any sexual offense, § 5-14-101 et seq., except for a 34 misdemeanor violation of sexual indecency with a child, § 5-14-110; 35 36 As Engrossed: S2/22/23 S2/28/23 S3/2/23 H3/29/23 SB270 8 03-29-2023 10:44:39 JLC017 SECTION 27. Arkansas Code § 21-15-102(f)(15), concerning a 1 disqualifying offense for employment with a state agency in a position 2 involving direct contact with children and individuals with a disability, is 3 amended to read as follows: 4 (15) Sexual indecency with a child, as prohibited in § 5-14-110, 5 if the offense is a felony; 6 7 SECTION 28. Arkansas Code § 21-15-103(g)(15), concerning offenses 8 requiring discharge from employment with a state agency for certain 9 positions, is amended to read as follows: 10 (15) Sexual indecency with a child, as prohibited in § 5-14-110, 11 if the offense is a felony; 12 13 SECTION 29. Arkansas Code § 21-15-104(c)(8), concerning offenses for 14 which a waiver of exclusion or discharge requirement for persons in 15 designated positions is prohibited, is amended to read as follows: 16 (8) Sexual indecency with a child, § 5-14-110, if the offense is 17 a felony; 18 19 SECTION 30. Arkansas Code § 25-1-112, is amended to read as follows: 20 25-1-112. Sexual offenses screened in criminal background checks. 21 Whenever a criminal background check is performed on a person under the 22 provisions of any criminal background check requirement contained in this 23 Code for employment, licensure, or any other purpose, the person may be 24 disqualified for employment, licensure, or any other purpose for which the 25 background check was conducted if it is determined that the person committed 26 a violation of any sexual offense formerly proscribed under §§ 5-14-101 — 5- 27 14-103, 5-14-104 — 5-14-109 [repealed], 5-14-110, if the offense is a felony, 28 5-14-111 — 5-14-112, 5-14-113 — 5-14-119 [reserved], 5-14-120 — 5-14-121 29 [repealed], and 5-14-122 — 5-14-127, that is substantially equivalent to any 30 sexual offense presently listed in §§ 5-14-101 — 5-14-103, 5-14-104 — 5-14- 31 109 [repealed], 5-14-110, if the offense is a felony, 5-14-111 — 5-14-112, 5- 32 14-113 — 5-14-119 [reserved], 5-14-120 — 5-14-121 [repealed], and 5-14-122 — 33 5-14-127, and is an offense screened for in a criminal background check. 34 35 APPROVED: 4/11/23 36