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Committee adopts amendment to require active-warrant check before serving protection orders

2866302 · April 3, 2025
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Summary

The House Judiciary Committee adopted an amendment and passed House Bill 1433, which requires officers to run an active-warrant check before serving an order of protection; the provision does not mandate arrest and leaves arrest decisions to officer discretion.

House Bill 1433, as amended, passed the House Judiciary Committee after Representative Kendra Moore (R–Dist. 23) introduced an amendment that requires a check for active warrants before an order of protection is served. The committee adopted the amendment by voice vote and later passed the bill as amended.

Representative Kendra Moore introduced the amendment and explained that it “is not mandating an arrest,” but would address concerns that respondents arrive at hearings while in custody. Barbara Mariani, legal counsel for the Arkansas Coalition Against Domestic Violence, joined Moore at the table and said she was present to answer legal questions if needed.

The committee took the amendment by motion from Representative Eubanks; the amendment was adopted without recorded opposition. After the amendment was adopted, Moore closed by asking the committee for a favorable vote. The committee then voted to “do pass as amended.”

The change is narrowly procedural: it requires an active-warrant check be performed before serving an order of protection and leaves any arrest decision to the serving officer’s discretion. Committee members asked no follow-up questions during the presentation, and no members of the public signed up for or against the bill during this hearing.

The bill now proceeds from committee with the amendment recorded in the committee minutes.

Members and witnesses said the amendment grew from earlier committee discussion and collaborative drafting with staff; Moore thanked members for working with her to “make the bill better.”

The committee concluded consideration and recorded the adopted amendment and a “do pass as amended” recommendation.