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Committee narrows tampering bill after objections; amended measure passes

JUDICIARY COMMITTEE - SENATE - Apr 03, 2019 · April 3, 2019

Summary

Following defense and municipal-league objections that an earlier draft over-felonized ordinary conduct, the committee rescinded an adopted amendment, adopted narrower language and passed a revised tampering bill that limits felony elevation to specific false-testimony elements.

Senators amended and passed a tampering bill after several stakeholders warned that an earlier draft would have transformed many misdemeanor-level acts (for example, disposing of minor physical evidence like empty cans) into felonies.

Senator Bunn and other sponsors agreed to unstrike certain lines and to narrow the tampering provisions after hearing from Attorney Rosenzweig and DFA counsel that section language as drafted would make tampering with physical evidence a felony in all instances, including many low-level misdemeanor contexts. The Arkansas Municipal League, which originated the bill, said local law enforcement sought tougher penalties for serious evidence tampering but supported the narrower amendment.

Committee members voted to expunge the earlier amendment, adopt the narrowed substitute, and pass the bill as amended. Sponsors said the revised measure addressed specific concerns while preserving penalties for serious tampering and perjury-type conduct.

What happens next: The bill passed committee as amended and will move forward. Sponsors said they will continue to refine statutory language as needed to ensure petty conduct is not felonized while preserving tools for prosecutors against serious obstruction.

Speakers quoted above are taken from committee transcript.

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