[{"_1":2,"_124":-5,"_125":-5},"loaderData",{"_3":4,"_26":27},"root",{"_5":6,"_17":10,"_18":19,"_20":21,"_22":10,"_23":-5,"_24":-5,"_25":10},"user",{"_7":8,"_9":10,"_11":10,"_12":-5,"_13":-5,"_14":15,"_16":-5},"roles",[],"isAuthenticated",false,"isPremium","planName","subscriptionStatus","featureFlags",{},"insightsBudget","isDevelopmentHost","userPreferences",{},"recaptchaSiteKey","6LcvOJcUAAAAAHsB-gPGfGktcRlKpH7OTIU_dMTD","isImpersonating","impersonation","affiliateStatus","isFreedomPortal","routes/v2/article/layout",{"_28":29,"_30":31},"notFound",true,"relatedArticles",[32,76,88,100,112],{"_33":34,"_35":36,"_37":38,"_39":40,"_41":42,"_43":44,"_45":46,"_47":48,"_49":50,"_51":52,"_53":54,"_55":56,"_57":58,"_59":60,"_61":62,"_63":64,"_65":66,"_67":68,"_69":70,"_71":72,"_73":74,"_75":74},"mediaId",6121320,"mediaKeyId","2703216-3f3fda2b7afc0632c231411a0d49b270","parentId",2703216,"title","Senate committee advances bill to clarify whether sealed thefts can enhance later charges","audioSeconds",1077,"startMs",548000,"endMs",1625000,"viewUrl","/Search/View?dp=1&key=2703216-3f3fda2b7afc0632c231411a0d49b270&start=548&end=1625","thumbnailUrl","https://assets.pipeline.soar.com/2703216-3f3fda2b7afc0632c231411a0d49b270/thumbnail_548000.jpg","articleUrl","/articles/6121320/Arkansas/Senate-committee-advances-bill-to-clarify-whether-sealed-thefts-can-enhance-later-charges","mediaUrl","https://secure.pipeline.soar.com/6121320-55988ef841d20fd53ac08ce892df2b94/orig.mp4?Expires=1770977724&Signature=TGearAvwEnJd2dCFgtGjB7HU8dYVp6YdnBurdAWahhma5YqYtl33TqwUQISS~PthSWVFpUrJ7X2hqzZrc0A3hwBmonCjQYO28N0PjcQplQxAQXuKWcyWVA-HWpXeBYN-rgg2BS3yurs-azO4E4BISu8XbKAt21jPxkLdfnQTt02C9ym1~9if7IbVSPrIp0nGE9jcrUq86OY2MNcbvPfwhja1XT8KMdfCG0M13V0lVD-yEF9MICH2UnMxoJjbEkO4HK-1SmeigyHiZJv27Y0MBN0grn8ZSGuTL6CuzlKxXRSSO2VpBxd9nQ-E3V3vxGLKpMj4r8fjGy426IBZHmD5rA__&Key-Pair-Id=KUT5TJCACFTXG","author","Arkansas Legislature","date","2025-03-19T00:00:00Z","article","The Senate Judiciary Committee voted to advance Senate Bill 277, a measure that would clarify whether sealed or expunged theft charges can be counted in the statutory \"look‑back\" period used to enhance subsequent theft offenses.

The bill's sponsor and judges said the change fixes a mismatch between statutes on sealing records and statutes that authorize look‑back enhancements; defense lawyers and public defenders argued the state's case law already allows courts to consider sealed convictions for enhancement and warned the change would block restoration opportunities for first offenders.

Judge Chris Griffin, who helped bring the issue to lawmakers, said the legislature's prior changes created a gap in the law. He told the committee that a new uniform petition to seal thefts after a 10‑year period created ambiguity about whether a sealed theft could later be used to enhance a newer charge. \"If something is expunged, it shall be deemed to never happen as a matter of law,\" Griffin said, adding that the legislature should clarify enhancement rules to avoid litigation.

Defense witnesses cited state precedent. Jeff Rosenzweig of the Arkansas Association of Criminal Defense Lawyers told the committee that the McClish decision and related cases establish that sealing statutes are meant to give people a second chance, not a \"free pass to commit further crimes,\" and that the courts have long recognized the ability to use sealed records for enhancement in some circumstances: \"McLeish is the law,\" he said.

Greg Parrish of the Public Defender Commission echoed that view and cited Neal v. State, 320 Ark. 489, as authority that prior expunged convictions can be used for sentence enhancement.

Prosecutors told the committee they exercise charging discretion and do not routinely perform 10‑year look‑backs for trivial offenses. Daniel Shue, prosecuting attorney for Sebastian County and legislative chair of the Arkansas Prosecuting Attorneys Association, said prosecutors are \"using our discretion on those type of cases\" and that he could not recall a recent case in which the new theft enhancement language had been used to reach back a full 10 years for a petty theft.

Supporters framed the bill as preventing future litigation and ensuring that theft enhancements work as intended. Judge Griffin and others also noted a recent legislative change — described during testimony as Act 275 of 2025 (from SB 244) — created other routes for certain offenders to avoid conviction on their record and therefore would not prevent all later enhancements.

Action: Committee members moved to pass Senate Bill 277 out of committee. A do‑pass motion was seconded and the bill was approved by the committee and advanced to the full Senate.

Why it matters: The bill affects how courts treat prior conduct when deciding whether a later theft charge should be enhanced to a felony. That can change the penalty exposure for repeat offenders and affects people who seek sealing or expungement to limit the long‑term consequences of early offenses.

What’s next: The bill will go to the full Senate for further consideration.

","mediaType","Video","parentTitle","Senate Judiciary Committee Mar 19, 2025 ","oneSentenceSummary","The Senate Judiciary Committee voted to advance Senate Bill 277, which would clarify whether sealed theft convictions may be used to enhance later theft charges, after competing testimony from judges, prosecutors and defense attorneys.","taxTitle","JUDICIARY COMMITTEE - SENATE, Senate, Committees, Legislative, Arkansas","taxId",21188,"location","Arkansas","headline","","shortSummary",{"_33":77,"_35":36,"_37":38,"_39":78,"_41":79,"_43":80,"_45":81,"_47":82,"_49":83,"_51":84,"_53":85,"_55":56,"_57":58,"_59":86,"_61":62,"_63":64,"_65":87,"_67":68,"_69":70,"_71":72,"_73":74,"_75":74},6121301,"Votes at a glance: Action on multiple Judiciary Committee bills",7747,54000,7801000,"/Search/View?dp=1&key=2703216-3f3fda2b7afc0632c231411a0d49b270&start=54&end=7801","https://assets.pipeline.soar.com/2703216-3f3fda2b7afc0632c231411a0d49b270/thumbnail_54000.jpg","/articles/6121301/Arkansas/Votes-at-a-glance-Action-on-multiple-Judiciary-Committee-bills","https://secure.pipeline.soar.com/6121301-eb243ddd510f5a6f60e70d75accc6fec/orig.mp4?Expires=1770977724&Signature=MIiuT7vSt0Gf-XNR8DSpeWLpeCkW3x4-89TG06s38rOi~JNRQ3WTeyWcMY2l5AJfJ5JwjCFtUbnKlu-UN4WS4qMgRC79Ok9J6WumamxrUJQguTh~fc2nWcStOcpaI8ZbeFDCUTTnnJfDDI~~AMTstT~h6PMHjHJsynd5qKxTDnmyz~gXjC1XnJ-C3VTyzP40v1szq-8wHqgx33wSjFRoT-~WT7DQpWdSCt~RPb10n5DGCoR4VMxHDWi-9R1EB7euggPCCEQ1~8mdnsikLxsz6SytQ~cTThJqtguHCIprcEdEPsSM1DS3HWYc2Ok3DMnXBmMgYNUGCeEnFiaAgf~fXQ__&Key-Pair-Id=KUT5TJCACFTXG","On the session's Judiciary Committee calendar the panel acted on a number of bills with limited discussion, including several noncontroversial measures and a few contested items. Below is a concise list of committee actions recorded during the hearing.

Votes at a glance

- Senate Bill 325 — Sponsor: Senator Alan Clark. Subject: Judges' amendments were incorporated; committee adopted the amendment and passed the bill. Outcome: passed to the Senate (committee voice vote). (Transcript evidence: discussion beginning at the start of the hearing and vote recorded: \"The bill passes.\")

- Senate Bill 326 — Sponsor: Senator Alan Clark. Subject: Same package as SB 325 with additional AOC and juvenile judges' amendments; committee adopted the amendment and passed the bill. Outcome: passed to the Senate (committee voice vote).

- House Bill 1704 — Presenter: Seth Raimler, Arkansas Professional Firefighters; sponsor in Senate: Senator Clark. Subject: Prohibits adverse custody findings solely because a parent is a firefighter with a nontraditional schedule. Committee action: motion to pass adopted; bill passed out of committee.

- Senate Bill 277 — (See separate article) — Committee passed the bill and advanced it to the Senate after extended debate.

- Senate Bill 458 — Sponsor: Senator Greg Letting. Subject: Required consideration of adverse childhood experiences in transfer/sentencing (pulled for rewrite). Outcome: pulled for further work; no committee passage.

- Senate Bill 472 — Sponsor: Senator Josh O'Brien. Subject: Juvenile vaping violation in schools; allows up to 20 hours community service. Outcome: failed in committee (motion to pass did not carry).

- Senate Bill 487 — Sponsor: Senator Irvin. Subject: Juvenile court sealing/expungement clarifications for delinquency records; committee adopted a verbal amendment to add a House sponsor and then passed the bill as amended. Outcome: passed to the Senate.

- Senate Bill 490 — Sponsor: Senator Irvin. Subject: Waiver authority for juvenile registry fees when juveniles are ordered to register as required; committee passed the bill as amended. Outcome: passed to the Senate.

- House Bill 16609 (label in transcript: House Bill 16 69) — Sponsor: Representative Bentley. Subject: Statutory protections for faith‑based foster/adoption providers and religious exercise in placement decisions. Committee adopted an amendment requested by the Attorney General's office and passed the bill. Outcome: passed to the Senate.

Notes on procedure and vote recording

Most committee actions were conducted by voice vote; the transcript records outcomes (passed/failed/pulled) but does not include roll‑call tallies for individual members. When a bill was amended and passed as amended, the amendment and final passage are noted in the transcript. For several items (SB 325/326, HB 1704, SB 487, SB 490, HB 16‑69) discussion was brief and supportive; others drew extended testimony and debate and are covered in separate articles.

","The Senate Judiciary Committee voted on a series of bills with mixed results: several measures passed and were advanced to the Senate, some failed, and one was pulled for rewrite. This roundup lists each bill handled during the hearing and its committee outcome.",{"_33":89,"_35":36,"_37":38,"_39":90,"_41":91,"_43":92,"_45":93,"_47":94,"_49":95,"_51":96,"_53":97,"_55":56,"_57":58,"_59":98,"_61":62,"_63":64,"_65":99,"_67":68,"_69":70,"_71":72,"_73":74,"_75":74},6121305,"Committee rejects bill that would make nonconsensual tracking a harassment crime; debate centers on parents and custody",1471,5335000,6806000,"/Search/View?dp=1&key=2703216-3f3fda2b7afc0632c231411a0d49b270&start=5335&end=6806","https://assets.pipeline.soar.com/2703216-3f3fda2b7afc0632c231411a0d49b270/thumbnail_5335000.jpg","/articles/6121305/Arkansas/Committee-rejects-bill-that-would-make-nonconsensual-tracking-a-harassment-crime-debate-centers-on-parents-and-custody","https://secure.pipeline.soar.com/6121305-a18fffd650d76dfe7caeb735078e0e8d/orig.mp4?Expires=1770977724&Signature=kdNijIzV0bs25TGDk~6FVjvrs6kQiuqBgJ3SnToGZGoFixSwLbJtmoDJWqP6FlbKg0H3HoEI26teNLWvFjSWzOqG7U1juXxpmI2BSLJLv1jzGIzfe6Zf4-mV7oPV6N4hUzFx8rYu6YAT0oDaohTgnRZAOou9kudDC7gB1Hic9uNHIO066wip35nimlyQJ13GduGf9rfqcXGF21-UMYCuj7D5lMvuGlrw4~kFQPILb-1kT1oyfTVOkZQnH-QdSx~ili4VEyB01CztHTU7j7wnOeTDJKLyNLc8~CCX1VcNkFOYTia8aQIMJRRot2Z0nq5C8Mi7Rx61TuPUhEYKiqAozg__&Key-Pair-Id=KUT5TJCACFTXG","The Senate Judiciary Committee considered House Bill 1641, which would add tracking devices to the state harassment code and make it an offense to \"use a tracking device to determine the location or movement of a person without that person's consent.\" Representative Nicole Clowney sponsored the bill, saying it stemmed from a constituent who discovered a tracking device placed on her car without consent.

Clowney told the committee the bill defines \"tracking device\" and makes unauthorized tracking a form of harassment while preserving exceptions for law enforcement, licensed private investigators and other authorized uses. \"What we ended up doing was changing our state's harassment code,\" Clowney said while explaining the measure.

A major focus of committee debate was parental use of tracking technology. The bill includes language clarifying the conduct is not an offense \"if a parent or legal guardian of a minor uses a tracking device to track the location or movement of the minor.\" Senators pressed whether that carve‑out would allow one parent to monitor a child while the child was in the care of the other parent and whether the bill would encourage domestic disputes to move into criminal court.

Prosecutors told senators they prefer the bill's existing \"good cause or legal authority\" framing rather than additional, prescriptive exceptions. David Etheridge, a prosecuting attorney and vice president of the Arkansas Prosecuting Attorneys Association, said the association had concerns about expanding the statute further and that \"we think the bill is written appropriately because it talks about good cause.\"

Senators raised practical concerns about find‑my‑phone and other location features that parents commonly use, and some members said the bill as written could create unintended consequences for parents who forget to disable location sharing during custody exchanges.

Action: On a committee voice vote the motion to pass House Bill 1641 failed. Several senators voted no and the bill did not advance out of committee.

Why it matters: The bill sought to criminalize nonconsensual tracking devices, an issue advocates say is important to protect stalking victims and survivors of domestic abuse. Opponents warned the statutory carve‑outs and the parent/guardian exemption could create ambiguity in custody situations and inadvertently criminalize ordinary parental oversight.

What’s next: The bill did not pass the committee. The sponsor and interested stakeholders may choose to rework the language in a future session.

","House Bill 1641 would have made using a tracking device to monitor a person without consent a form of harassment. Supporters said it would close a gap and protect victims; opponents and some prosecutors warned the bill's exceptions and parental provisions could create unintended consequences for custody disputes and routine parental tracking.",{"_33":101,"_35":36,"_37":38,"_39":102,"_41":103,"_43":104,"_45":105,"_47":106,"_49":107,"_51":108,"_53":109,"_55":56,"_57":58,"_59":110,"_61":62,"_63":64,"_65":111,"_67":68,"_69":70,"_71":72,"_73":74,"_75":74},6121310,"Bill to create juvenile vaping violation in schools fails after committee debate",155,2111000,2266000,"/Search/View?dp=1&key=2703216-3f3fda2b7afc0632c231411a0d49b270&start=2111&end=2266","https://assets.pipeline.soar.com/2703216-3f3fda2b7afc0632c231411a0d49b270/thumbnail_2111000.jpg","/articles/6121310/Arkansas/Bill-to-create-juvenile-vaping-violation-in-schools-fails-after-committee-debate","https://secure.pipeline.soar.com/6121310-30df81bef4ef42aefbf6120b477f8292/orig.mp4?Expires=1770977724&Signature=cfnNRKDeF3wZIw~Gw3YMOpmRq4Ml3HHIQAw4O0giEJGjg7Zsx6xX548l4vGTpMoxwPVhng2mrm0HJeAAikBd-YZ8xR~LaIdulzF-gihEwUcJcdDJTCy8e9idxbFs1EQVoQIevnueITzG7iIyzyilxBWG-YsvSY0C6u73Ni94wkx1hbtcB53EOTs6RT-aIaEyzPraKggyyFjW0lCuL2gtZPF65xrwrkImsQUgT0TF67JZsn58MDeTk3XwHRu69H6Un9EdzlQ0djgTYghqTyCNljbROCGt0O0ebYtoRF3uyEr53HeggPka3zwZazpf3-SmSoEfWO~q2xHuEnJrO-~~mg__&Key-Pair-Id=KUT5TJCACFTXG","Senate Bill 472, introduced by State Senator Josh O'Brien, proposed a new juvenile offense for minors who use vaping devices at school and authorized up to 20 hours of community service for convicted juveniles.

O'Brien said the bill was modeled on existing penalties for cigarettes and was intended to give juvenile judges a tool to address what sponsors called an \"epidemic\" of vaping in schools: \"The circuit judge felt this would help push the issue of the of the vape epidemic in our schools, to get students to act right,\" he told the committee.

Committee members asked whether the new offense mirrored existing cigarette laws and whether it would be difficult to police. Senator Johnson asked whether the measure was \"mirrored exactly like cigarettes,\" and O'Brien replied that it was placed in a different section of the code but designed to mirror cigarette violations.

Proponents argued the bill created a judicial sanction comparable to existing penalties for underage tobacco use. Opponents and some committee members voiced concerns about practical enforcement in schools and whether juvenile courts already had other tools.

Action: The committee considered a motion to pass Senate Bill 472. Members recorded opposing voices during the vote and the motion failed; the bill did not pass out of committee.

Why it matters: Supporters framed the measure as a targeted response to student vaping and a way to align penalties for vaping with penalties for cigarette possession by minors. Opponents questioned enforceability and whether the juvenile court system should expand sanctions for school‑based vaping.

What’s next: The sponsor may pursue other avenues; the bill failed to pass in committee and will not advance from this hearing.

","Senate Bill 472 would have created a juvenile violation for vaping at school and allowed up to 20 hours of community service. The Judiciary Committee rejected the measure after members questioned enforceability and overlap with existing laws governing tobacco products.",{"_33":113,"_35":36,"_37":38,"_39":114,"_41":115,"_43":116,"_45":117,"_47":118,"_49":119,"_51":120,"_53":121,"_55":56,"_57":58,"_59":122,"_61":62,"_63":64,"_65":123,"_67":68,"_69":70,"_71":72,"_73":74,"_75":74},6121315,"Senate pulls bill that would have required courts to weigh childhood trauma in juvenile transfers and sentencing",1941,2195000,4136000,"/Search/View?dp=1&key=2703216-3f3fda2b7afc0632c231411a0d49b270&start=2195&end=4136","https://assets.pipeline.soar.com/2703216-3f3fda2b7afc0632c231411a0d49b270/thumbnail_2195000.jpg","/articles/6121315/Arkansas/Senate-pulls-bill-that-would-have-required-courts-to-weigh-childhood-trauma-in-juvenile-transfers-and-sentencing","https://secure.pipeline.soar.com/6121315-605706d631f98d02775fa890da66126a/orig.mp4?Expires=1770977724&Signature=Y4Z7uzHWx3o-3g766-~~ithvqv8RZDO7iTgXzcMzyugh0Op4TstmelW64ROiGLacuxll1fyukAUYXln5QAfPZYianVVyG4I912Fh4nvDc6ie0w9G~2LFGLs1PL4ImoNvWgEMRLyivft-4YkNq17uPITlvjUlpVMQsoVu3kFu2sZgBcgfElXrO0Y9YFzeIL1OSsyjSrGY~dYuqE0M6XyDPRQqG0vBzwB6d769T-AMdpXrihjJoiuvtT1-DmINNpKlpfW--lOCrXFhz17OfkKYFduT96hPo3roYD4IbQJnWwM8Ntk5~tfb0ZOs~j0I0J3rUloBdz8AmNEn6Xz8lG5gLA__&Key-Pair-Id=KUT5TJCACFTXG","Senate Bill 458, a juvenile justice measure that would have required courts to explicitly consider childhood trauma, foster‑care involvement and human trafficking history when deciding transfers to adult court and when sentencing, was withdrawn from consideration by the sponsor after extensive testimony.

Sponsor State Senator Greg Letting and advocacy group Human Rights for Kids framed the bill as a way to ensure courts account for adverse childhood experiences (ACEs) during transfer hearings and adult sentencing. Emily Virgen, director of advocacy and government relations at Human Rights for Kids, summarized a survey of incarcerated people convicted of crimes committed as children and told the committee that many reported high rates of abuse, neglect and trafficking: \"We found... staggering rates of trauma and childhood abuse,\" she said, and added that the average reported age of first abuse in the survey was 8.

The bill would have added ACEs and related measures to the enumerated factors judges must review during a transfer hearing and would have allowed judges to depart from mandatory minimum sentences where those experiences were discovered — but only with the prosecutor's consent.

Prosecutors objected to the proposed ability to deviate from legislatively set minimum sentences. Tom Tate, a prosecuting attorney for the Fifteenth District, said the legislature sets minimums and maximums for a reason and objected to delegating that authority in individual cases.

Juvenile judges testified that many of the factors the bill would add are already considered under existing transfer statutes. Judge Troy Braswell said juvenile courts already seek comprehensive information about a juvenile's family, education and mental‑health history, and that \"what we're looking at now across the state is what you did matters ... but the other thing that we have to do to prevent them from being in the prison later on is to address the why.\"

Sponsor Letting told the committee he would \"huddle up\" with prosecutors, juvenile judges and stakeholders to refine the measure and asked the panel to pull the bill so the group could rework the language.

Action: The sponsor withdrew SB 458 for further work; no committee vote on passage was taken.

Why it matters: The bill would have added childhood trauma and ACEs explicitly to the list of factors judges must weigh before transferring juveniles to adult court and would have allowed narrow downward departures from mandatory minimums with prosecutorial consent. That could change transfer outcomes, sentencing, and access to rehabilitative services for young defendants.

What’s next: Sponsor and stakeholders will continue discussions; the bill was pulled from today's calendar.

","Senate Bill 458, which would have required judges to consider adverse childhood experiences and allowed limited deviations from mandatory minimums with prosecutorial consent, was pulled for further work after extended testimony from juvenile‑justice advocates, judges and prosecutors.","actionData","errors"]

Article not found

Senate committee advances bill to clarify whether sealed thefts can enhance later charges

Votes at a glance: Action on multiple Judiciary Committee bills

Committee rejects bill that would make nonconsensual tracking a harassment crime; debate centers on parents and custody

Bill to create juvenile vaping violation in schools fails after committee debate

Senate pulls bill that would have required courts to weigh childhood trauma in juvenile transfers and sentencing