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Senate committee approves Code Revision technical corrections updating mental-state language

INSURANCE & COMMERCE - SENATE · March 14, 2019

Summary

The Senate Insurance & Commerce committee approved technical-corrections bills SB374 and SB375 to align Arkansas code language with modern drafting conventions and to reclassify certain misdemeanor references as violations; Legislative Research explained the mental-state change from 'willful and justified' to 'knowing.'

The Senate Insurance & Commerce committee on [date not specified] unanimously approved two technical-corrections bills from the Code Revision Commission, SB374 and SB375, to modernize statutory language and remove outdated constructs.

Matthew Miller of Legislative Research told the panel the bills came from the Code Revision Commission’s annual package and that the changes are largely technical. He said one notable update replaces the antiquated mental-state phrase “willful and justified” with the currently used drafting term “knowing,” and that several references to misdemeanor classifications are recast as violations under Arkansas law.

Committee members asked whether the new wording would change legal meaning. Miller responded the committee uses “purposeful” or “knowing” because those terms have defined legal meanings used consistently across modern codification drafts, and the changes bring the statutes into alignment with current drafting practices.

No members of the public spoke for or against the bills. Following a brief committee discussion, senators adopted the proposed amendments and voted to pass both bills as amended.

The committee chair closed the items and moved on to other docket business.

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