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Senate Judiciary passes measure aligning state civil trafficking standard with federal law

JUDICIARY COMMITTEE - SENATE · March 1, 2023
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Summary

SB282, presented by Senator Missy Irvin, passed the committee. The bill mirrors federal anti‑trafficking civil standards so victims may pursue civil claims without meeting criminal standards and clarifies insurance coverage distinctions for hotels and motels.

Senate Bill 282, sponsored and presented by Senator Missy Irvin (district 24), passed the Senate Judiciary Committee after a brief presentation and pro‑bill testimony. Irvin said the bill mirrors the standard used in federal anti‑trafficking laws and lets litigants choose to file civil suits under Arkansas law without satisfying the higher criminal standard. "This bill mirrors the standard that is used in federal anti trafficking laws," Irvin said, adding the change is intended to make state civil remedies consistent with federal practice while leaving criminal prosecution authority intact.

Irvin told the committee the bill also addresses insurance coverage: it clarifies that general negligence standards apply for hotels and motels (preserving typical liability coverage) while ensuring entities that knowingly and intentionally facilitate trafficking may be held civilly liable. She described the change as protecting victims and preventing businesses that profit from trafficking from shifting blame onto victims.

Charice Dean, a government affairs liaison with Family Council, spoke in support, thanking the committee and urging members to vote yes. "Family Council fully supports this legislation," Dean said.

Senator Irvin closed by noting a group of attorneys aided in drafting the bill to ensure clarity and workable language for the hospitality industry and victims. The committee moved to pass SB282, seconded, and approved by voice vote; the transcript records an "aye" outcome and the chair announced the bill passes. The transcript does not include a roll‑call or numerical vote tally.