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Senate committee pauses SB 390 after questions about corporate liability; advocates support tougher trafficking penalties with changes

JUDICIARY COMMITTEE - SENATE · March 13, 2023
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Summary

Senate Judiciary Committee heard SB 390 to add criminal penalties for child-trafficking violations but paused the bill for amendments after questions about how corporate liability would be handled; Arkansas Advocates for Children and Families voiced support while urging removal of language singling out parents and addition of whistleblower protections.

Senate Judiciary Committee members on Thursday heard Senator Penzo’s Senate Bill 390, which would add criminal penalties to existing civil penalties for people who violate the state’s child-trafficking subchapter, but the sponsor agreed to pull the bill to refine language on corporate liability.

The sponsor told the committee SB 390 would supplement the current civil penalty (now $50 to $1,000) with escalating criminal punishments: a class C misdemeanor for a first criminal offense, a class B misdemeanor on a second conviction, and increased penalties including class A misdemeanor or a class C felony where injury or death occurs. The sponsor said the change responds to incidents that were prosecuted federally but lacked state criminal charges.

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