To Create The Offense Of Unlawful Removal Or Failure To Charge An Electronic Monitoring Device.
Summary
HB1263 creates a new criminal offense for people who are ordered to wear an electronic monitoring device as a condition of probation, parole, post-release supervision, or release on a pending charge. A person commits the offense if they knowingly remove the device from their body or knowingly fail to properly charge it in a way that prevents location tracking or monitoring. The bill defines “electronic monitoring device” and “pending charge” for purposes of the new section of law.
The bill also provides a defense if the removal or failure to charge was caused by an emergency or unforeseen circumstance and the person acted reasonably under the circumstances. A conviction under the new offense is classified as a Class A misdemeanor. In addition, the court must order restitution for the cost of repair or replacement if the device was damaged, lost, or destroyed.
Impact
HB1263 amends Arkansas Code Title 5, Chapter 54, Subchapter 1 by adding a new offense at § 5-54-123. It expands criminal liability to cover interference with court-ordered or supervision-related electronic monitoring, affecting people on probation, parole, post-release supervision, or pretrial release on pending charges. The bill also creates a restitution requirement tied to damage, loss, or destruction of the monitoring device, which may affect defendants, supervising agencies, and victims or vendors responsible for the equipment.
Sentiment
The bill appears to have broad legislative support based on the recorded floor votes, passing the House 86-3 and the Senate 33-0 on third reading. With no committee transcript available, there is no recorded debate in the provided materials, but the vote totals suggest the measure was generally viewed favorably and as a straightforward enforcement tool. The near-unanimous Senate vote indicates especially strong consensus.
Contention
The main policy issue raised by the bill’s text is whether failing to charge or removing an electronic monitoring device should be treated as a criminal offense rather than only a supervision violation. Potential concerns would likely center on people who cannot charge devices because of emergencies or unforeseen circumstances, which the bill addresses through an affirmative defense. Another possible point of contention is the mandatory restitution provision, which shifts repair or replacement costs to convicted defendants when devices are damaged, lost, or destroyed.
In general provisions, further providing for definitions; and, in licensing of drivers, further providing for issuance and content of driver's license and for carrying and exhibiting driver's license on demand.
In general provisions, further providing for definitions; and, in licensing of drivers, further providing for issuance and content of driver's license and for carrying and exhibiting driver's license on demand.