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Judiciary Committee advances a package of family‑law, victim‑protection and procedural bills

JUDICIARY COMMITTEE - SENATE · April 3, 2019
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Summary

The Senate Judiciary Committee gave do-pass recommendations to several bills, including a ban on child marriage, expanded victim-protections for human‑trafficking victims, a paraphernalia felony amendment to include heroin and fentanyl, child‑support conformity for incarcerated parents, guardianship adjustments, and temporary custody protections for deployed service members.

The Senate Judiciary Committee considered a slate of bills and cleared several measures by voice votes and unanimous consent.

Child marriage: Representative Lettin’s House Bill 17-08, described as ending child marriage and providing updated statutory floors, was supported by sponsor materials and Department of Health 'bridal statistics.' No opposition was offered at the hearing; the committee gave the bill a do-pass recommendation.

Human‑trafficking victim protections: Senator John Cooper presented HB 16-34 to expand crime‑victim shielding to victims of human trafficking by amending Arkansas Code 16-42-101 and referencing the Human Trafficking Act of 2013. The bill passed on a voice vote.

Paraphernalia and fentanyl/heroin: House Bill 16-09 (prosecuting attorneys association) was amended to add heroin and fentanyl to the list of drugs that elevate paraphernalia possession with intent to a Class D felony. The committee expunged an earlier vote, adopted the requested amendment, and then passed HB 16-09 as amended.

Child support and incarceration: Senator Rice presented HB 16-12 to bring state child‑support guidelines into conformity with federal rules so incarceration cannot automatically be treated as voluntary unemployment; the bill preserves judicial discretion to review individual circumstances. Committee gave HB 16-12 a do-pass recommendation.

Family-law (active appreciation) and property division: Representative Collins' HB 16-86 sought to restore the common-law doctrine of active appreciation for division of marital assets. That bill produced extended debate between small‑business advocates and bench/academic witnesses; the committee took a roll-call vote on the measure during the hearing (transcript records a roll call sequence), and the sponsor was invited to return to the committee for further work.

Guardianship reform and military custody: The committee passed HB 17-62 (guardianship expansion with court findings for felons serving as guardians of the person in narrow circumstances) and HB 17-59 (temporary custody modifications for deployed military parents, reverting to prior custody when deployment ends), both carried by sponsors with judicial support.

Trusts and procedures: The committee adopted an amendment to the Uniform Directed Trust Act language and passed the measure as amended; presenters said the change aligns state law with national model acts and clarifies trustee and trust‑director responsibilities.

What happens next: Most passed bills will move to the full Senate for consideration. A contentious adoption-reform bill was held over for further consideration after competing testimony from adoption‑law practitioners and community representatives.

Speakers quoted or cited in this report are taken from committee testimony and include Representative Lettin, Senator John Cooper, prosecutor representatives, and judicial witnesses.