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Arkansas legislation
HB 1741 | Act 798
SYNOPSIS: AN ACT CONCERNING CONSITIONS OF RELEASE ON BAIL FOR PERSONS ARRESTED FOR HUMAN TRAFFICKING-RELATED OFFENSES; AND FOR OTHER PURPOSES.
A Bill
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
SECTION 1. Arkansas Code Title 16, Chapter 84, Subchapter 1, is amended to add an additional section to read as follows:
16-84-117. Conditions for release on bail for persons accused of human trafficking and related offenses.
(a) As used in this section, "offense that involves the taking of a minor or holding a minor without consent" does not mean an offense under § 5-26-501 et seq.
(b) Unless waived by the court under subsection (c) of this section, a person arrested for a violation of trafficking of persons, § 5-18-103, kidnapping, § 5-11-102, or false imprisonment in the first degree, § 5-11-103, or an offense that involves the taking of a minor or holding a minor without consent, shall not be granted bail before the person agrees to the following conditions imposed by the arraigning court:
(1) An ankle monitor or GPS-enabled tracking device;
(2) Restricted movement limited to the person's residence, except in the case of a medical emergency;
(3) A restriction on internet access and access to electronic media;
(4) An agreement by the defendant to:
(A) A no contact order prohibiting direct or indirect contact with the victim or victims of the charged offense;
(B) Relinquish all firearms to a third party until the expiration of the no contact order; and
(C) Refrain from using an illegal controlled substance;
(5) A cash bond or a secured bond requiring the defendant to put up at least fifty percent (50%) of the principal bond amount, at the discretion of the court;
(6) Maintaining regular reporting requirements, at the discretion of the court; and
(7) Obeying a curfew, at the court's discretion;
(c) The court may waive a condition under subsection (b) of this section upon a showing that the waiver would not result in an increased risk to the community or an increased risk of flight by the defendant.
(d) Absent a waiver by the court under subsection (c) of this section, a person who refuses or fails to agree to or adhere to a condition listed under subsection (b) of this section shall not be allowed release on bail until the conclusion of his or her case.