Committee advances wide range of criminal, consumer‑protection and privacy bills; porch‑piracy measure fails then later passes

A state legislative committee heard and acted on more than a dozen bills covering criminal law, consumer protection, child online privacy and administrative changes to state practice. Lawmakers advanced statutes to (among other things) expand the stalking statute, create a procedure for returning seized property, clarify how the attorney general counts civil‑penalty recoveries for outside counsel and to extend certain privacy protections to children ages 13–17.

Why it matters: the package mixes criminal‑code changes that prosecutors say help enforcement with consumer and administrative changes that affect how state government manages settlements and licensing. One high‑profile measure to upgrade porch‑piracy penalties drew extensive debate, failed on its first vote, was reconsidered later in the session and ultimately passed as amended.

Key outcomes

- Senate Bill 629 (self‑representation for closely held entities in eviction cases): Passed. Sponsor identified the bill as restoring an ability for individual members of LLCs or closely held corporations to represent themselves in eviction proceedings. The committee amendment and passage were recorded during the hearing.

- House Bill 17‑78 (amendment to stalking statute, AR §5‑71‑229): Passed. The bill adds certain threatening conduct — including placing someone in imminent fear by threatening unwanted sexual or violent contact toward the person or a member of the person’s household — as a possible basis for second‑degree stalking. Presenters said the statute retains the requirement of a course of conduct (at least two acts separated by 36 hours) and stressed prosecutors would still need evidence to charge under the provision.

- House Bill 17‑79 (porch‑piracy penalties): Initially failed on first vote (committee chair announced the bill “fails” with only four votes on the first attempt). Sponsor reintroduced the bill later in the session; after further debate it was reconsidered and passed as amended. The measure moves a porch‑piracy offense up one felony class (from Class D to Class C), which proponents said would enable law enforcement to deploy stings using bait packages; opponents said the change risks excessive maximum penalties without a dollar threshold.

- House Bill 17‑80 (procedure to return property seized in investigations): Passed. The bill provides a statutory procedure for prosecutors to petition the court to return property seized during investigations when items are not needed as evidence or when charges will not be pursued, addressing an attorney‑general opinion and practical storage burdens described by presenters.

- House Bills 18‑30 and 18‑31 (Attorney General civil‑penalty and outside‑counsel clarifications): Both bills passed. 18‑30 repeals a statutory provision that, presenters said, restricts the AG’s ability to calculate outside‑counsel fees when only civil penalties remain as recoverable remedies. 18‑31 expressly treats civil‑penalty judgments like settlement funds for spending and reporting purposes, with quarterly reporting to the legislative oversight committees.

- Senate Bill 600 (choice‑of‑law for small real‑property or mobile‑home purchases): Passed as amended. The adopted amendment limits application to purchases and dwelling units located in Arkansas; sponsors said the amendment responded to lender concerns about transactions where a home might be moved out of state.

- House Bill 16‑92 (private investigator and private‑security licensing changes): Passed. The bill removes the obsolete term “moral turpitude” from licensing criteria, clarifies that installers who otherwise had an exemption must pass background checks, aligns refresher‑training language with state‑police rules (annual refreshers within a two‑year license cycle), and removes an extra 30‑day local‑law‑enforcement veto that had become a practical delay.

- House Bill 17‑17 (state-level extension of COPPA protections to ages 13–17): Passed. The bill extends online child‑privacy protections similar to COPPA to minors aged 13–17, prohibits targeted advertising based on children’s data and establishes parental and teen rights to notice, access, deletion and verifiable consent for data collection.

- House Bill 17‑63 (use of communication device to facilitate human‑trafficking sale): Passed. Sponsors said the measure applies a tool similar to statutes criminalizing the use of devices to facilitate narcotics sales to human‑trafficking offenses.

- House Bill 17‑64 (recognizing out‑of‑state protections for enhancements to violations of protection orders): Failed. The bill sought to count equivalent out‑of‑state convictions when enhancing penalties for repeat violations of protection orders; the committee vote did not carry.

- House Bill 17‑49 (Uniform Trust Decanting Act): Passed. The bill adopts a uniform law that provides a statutory process and guardrails for trustees who wish to “decant” (move assets from one irrevocable trust to another) to address changed circumstances or legal developments.

Discussion highlights and clarifications

- Stalking amendment: prosecutors and committee members emphasized that the statute still requires a course of conduct (multiple acts) and that prosecutors said they would require evidence such as text messages before charging. Presenters cited §5‑71‑229 as the statute being amended.

- Porch‑piracy debate: supporters from prosecutors’ offices said reclassifying the offense enables law enforcement to use bait‑package stings and creates a stronger deterrent; critics warned the measure lacks a minimum dollar threshold and could expose low‑value thefts to much harsher maximum penalties.

- Property return and AG spending bills: the AG’s office said 18‑30 and 18‑31 align statute with long‑standing practice around settlement funds and outside counsel contingency arrangements and clarify that civil penalties may be treated like settlement recoveries for spending and reporting (no new general‑revenue appropriations requested).

What’s next: Sponsors closed many of the bills and moved for “do pass” recommendations; the committee recorded votes on the measures listed above and adjourned with more business to follow on the floor.

Votes at a glance (select motions recorded in committee transcript)

- SB 629 — motion to pass; outcome: passed (motion carried). Sponsor: Senator Caldwell. (Transcript: initial identification of the bill and final announcement that motion carried.)

- HB 17‑78 — motion to pass as amended; outcome: passed. Sponsor: Senator McKee. (Transcript shows proponents’ presentation and committee passage.)

- HB 17‑79 — first vote: failed (announced as only four votes on first attempt); later reconsidered and passed as amended. Sponsor: Senator McKee. (Transcript records both failure and subsequent passage after reconsideration.)

- HB 17‑80 — motion to pass; outcome: passed. Sponsor: Senator McKee. (Court property‑return procedure presented by a prosecuting attorney.)

- HB 18‑30 and HB 18‑31 — motions to pass; outcomes: both passed. Sponsor(s): Senator McKee (carried for Senator Gilmore). (AG’s office presented these measures.)

- SB 600 — motion to adopt amendment and pass as amended; outcome: passed as amended. Sponsor: Senator Clark Tucker.

- HB 16‑92 — motion to pass; outcome: passed. Sponsors: Senator Jim Petty and Rep. Matt Brown. (Private‑security licensing changes.)

- HB 17‑17 (COPPA2) — motion to pass; outcome: passed. Sponsor: Rep. Zach Gramlich.

- HB 17‑63 — motion to pass; outcome: passed. Sponsor: Rep. Ken Underwood.

- HB 17‑64 — motion to pass; outcome: failed. Sponsor: Rep. Ken Underwood.

- HB 17‑49 — motion to pass; outcome: passed. Sponsor: Rep. Matt Brown.

Ending: The committee completed votes on the listed bills and adjourned; sponsors said several items will next move to floor consideration or further legislative action depending on committee reports.