HB1263
To Create The Offense Of Unlawful Removal Or Failure To Charge An Electronic Monitoring Device.
AI-Generated Summary
This bill proposes to create a new criminal offense in Arkansas: unlawful removal or failure to charge an electronic monitoring device. It defines an "electronic monitoring device" as one approved by the Board of Corrections capable of tracking a person's location. A "pending charge" is also defined. The offense would be committed by an individual ordered to wear such a device as a condition of probation, parole, post-release supervision, or release on a pending charge. Specifically, it would be unlawful to knowingly remove the device or knowingly fail to charge it, resulting in the device being unable to track the person's location. A defense to this charge would exist if the removal or failure to charge was due to an emergency or unforeseen circumstance, and the defendant acted reasonably. This offense would be classified as a Class A misdemeanor. Convicted individuals would also be ordered to pay restitution for any damage, loss, or destruction of the device.
Potential Impact Analysis
Who Might Benefit?
The primary beneficiaries of this bill, if enacted, would be the state of Arkansas and its criminal justice system. The creation of this offense allows for stricter enforcement of conditions related to electronic monitoring, potentially leading to greater accountability for individuals under supervision. Law enforcement agencies and correctional facilities would have a new tool to address non-compliance, which could aid in maintaining public safety and ensuring that individuals subject to court orders are properly monitored. Furthermore, victims of crimes might indirectly benefit from enhanced compliance with sentencing and supervision requirements.
Who Might Suffer?
The individuals most directly negatively impacted by this bill are those who are ordered to wear electronic monitoring devices as a condition of their probation, parole, post-release supervision, or release while facing pending charges. If these individuals knowingly remove the device or fail to charge it, they could face criminal prosecution, a Class A misdemeanor conviction, and potential jail time. They would also be liable for restitution to cover the cost of a damaged, lost, or destroyed device. While the bill includes a defense for emergencies, the burden of proving such circumstances would fall on the defendant.