An Act To Amend The Law Concerning A Violation Of An Order Of Protection.
Summary
HB1764 amends Arkansas law governing violations of orders of protection. Under current law, violating an order of protection is generally a Class A misdemeanor. The bill creates a higher penalty for repeat violations by making the offense a Class D felony when the person commits the violation within five years of a prior conviction for violating an order of protection, including an equivalent domestic abuse protection order from another state or foreign jurisdiction.
The felony enhancement applies only if the underlying order was issued after a hearing, the person received actual notice, and the person had an opportunity to participate. This ties the increased penalty to orders entered through a process that provided notice and a chance to be heard, rather than to ex parte or otherwise less formal orders.
Impact
The bill changes Arkansas Code § 5-53-134 by adding a repeat-offender felony classification for certain order-of-protection violations. It expands the scope of prior convictions that can trigger the enhancement to include equivalent domestic abuse protection orders from other states or foreign jurisdictions, and it raises the offense from a misdemeanor to a Class D felony in qualifying cases. The practical effect is to increase criminal exposure for repeat violators and strengthen enforcement tools for protected parties and law enforcement.
Sentiment
The available voting history shows strong, unanimous support in both chambers, with 97-0 in the House and 34-0 in the Senate on third reading. No committee transcripts are available, but the recorded votes suggest broad bipartisan agreement and little visible opposition to the measure.
Contention
No specific points of contention are documented in the provided materials. The main policy choice reflected in the bill is whether repeat violations of protection orders should be punished more severely, and the bill resolves that in favor of stronger penalties. The only limiting feature is the requirement that the order have been issued after notice and an opportunity to participate, which appears designed to ensure due process before the felony enhancement applies.