Arkansas crime

The fact measures residents under 65 without health insurance. Insurance eligibility, enrollment, coverage continuity and premium assistance concern the covered population. Provider payments and covered services alone do not establish a coverage change, and Medicare-only changes mostly concern a different age population. This connection does not establish causation. Actions after the measurement period cannot explain the earlier observed value.

Retained Arkansas evidence context: People under 65 without health insurance. This record’s connection to the topic does not establish an effect on the measured result.

SECTION 1. Arkansas Code § 14-1-110 is amended to read as follows: 14-1-110. Coverage for eligible police officer and firefighter retirees — Definitions. (a) As used in this section: (1) "County" means any county in this state; (2) "Dependent" means a participant or […] eligible retiree's: (A) Natural child, stepchild, or adopted child who is eligible for coverage under a plan of an eligible […] retiree; and (B) Spouse who is eligible for coverage under a plan of an eligible […] retiree; (3) "Eligible firefighter retiree" means a firefighter who is: (A) Employed as a firefighter; (B)(i) Eligible to retire with full retirement benefits under: (a) The Arkansas Local Police and Fire HB1313 2 01/29/2025 12:57:34 PM ANS126 Retirement System under § 24-10-101 et seq.; (b) A municipal or county retirement benefit system or plan for employees; (c) A local firemen's relief and pension fund under § 24-11-801 et seq.; or (d) The Arkansas Public Employees' Retirement System under § 24-4-101 et seq. (ii) As used in this subdivision (a)(3)(B), “eligible to retire with full retirement benefits” means a firefighter who is: (a) Any age with twenty-eight (28) years of credited service; (b) At least fifty-five (55) years of age and has at least twenty (20) years of credited service; (c) At least sixty (60) years of age and has at least five (5) years of credited service; or (d) At least sixty (60) years of age and has at least ten (10) years of actual Arkansas Local Police and Fire Retirement System service credit; and (C) Not eligible for Medicare enrollment; (4) "Eligible retiree" means an eligible police officer retiree or an eligible firefighter retiree; (5) "Eligible police officer retiree" means a police officer who is: (A) Employed as a police officer; (B)(i) Eligible to retire with full retirement benefits under: (a) The Arkansas Local Police and Fire Retirement System under § 24-10-101 et seq.; (b) Any municipal or county retirement benefit system or plan for employees; (c) Any local policemen's pension and relief fund under § 24-11-101 et seq.; or (d) The Arkansas Public Employees' Retirement System under § 24-4-101 et seq. (ii) As used in this subdivision (a)(3)(B) HB1313 3 01/29/2025 12:57:34 PM ANS126 subdivision (a)(5)(B), "eligible to retire with full retirement benefits" means a police officer who is: (a) Any age with twenty-eight (28) years of credited service; (b) At least fifty-five (55) years of age and has at least twenty (20) years of credited service; (c) At least sixty (60) years of age and has at least five (5) years of credited service; or (d) At least sixty (60) years of age and has at least ten (10) years of actual Arkansas Local Police and Fire Retirement System service credit; and (C) Not eligible for Medicare enrollment; (6) "Firefighter" means a full-time or part-time paid member of a fire department or firefighting unit who: (A) Actively engages in fire suppression, rescue, pump operation, or other firefighting activity; and (B) Receives more than five thousand dollars ($5,000) in total compensation during the taxable year from the fire department or firefighting unit that the firefighter serves; (4)(7) "Health benefit plan" means a plan for health benefits offered by a municipality or county; (5)(8) "Municipality" means: (A) A city of the first class; (B) A city of the second class; or (C) An incorporated town; and (6)(9) "Police officer" means: (A) Any law enforcement officer engaged in official duty who is a member of any regular or auxiliary police force of a municipality or county on a full-time or part-time basis; (B) A sheriff or deputy sheriff of a county who is engaged in official duty; or (C) A constable or night marshal of a municipality engaged in official duty. (b)(1)(A) An eligible […] retiree may elect to participate in a health benefit plan after retirement. (B) The eligible […] retiree is eligible under HB1313 4 01/29/2025 12:57:34 PM ANS126 subdivision (b)(1)(A) of this section until the eligible […] retiree is a Medicare-eligible person. (C)(i) An eligible […] retiree shall have a guaranteed issue period of sixty (60) calendar days from the date of retirement to enroll in the health benefit plan. (ii) If the eligible […] retiree does not elect to participate or declines to participate in the health benefit plan upon the expiration of sixty (60) calendar days under subdivision (b)(1)(C)(i) of this section, the eligible […] retiree has no further privileges under the health benefit plan. (2) An eligible […] retiree who elects to participate in the health benefit plan shall pay a premium as determined by the municipality or county or the cost of the policy issued to the eligible […] retiree. (3) The eligible […] retiree portion of the premium shall be deducted from a bank account of the eligible […] retiree participant, to be paid by a monthly bank draft on the date designated by the municipality or county. (c) A dependent […] is eligible to participate in the health benefit plan. (d) An eligible […] retiree shall not be charged a surcharge or assessment to enroll in the health benefit plan. (e)(1) If an eligible […] retiree dies and has covered dependents at the time of death, the dependents have the right to continue to participate in the health benefit plan through the municipality or county. (2) Dependent children of a deceased eligible […] retiree may continue to participate in the health benefit plan until marriage or until the maximum age limit for a dependent child has been reached. (3) A surviving spouse of a deceased eligible police officer retiree or eligible firefighter retiree may continue to participate in the health benefit plan. (4) If a surviving spouse or dependent of a deceased eligible […] retiree declines to participate in the health benefit plan or cancels existing participation, then the surviving spouse or dependent has no further privileges under the health benefit plan.

The fact measures reported property offenses per 100,000 people, with incomplete and varying agency coverage. Burglary, larceny-theft and motor-vehicle theft are components of the FBI property-crime series. Fraud and identity theft are outside this property-crime series. A measure about one component is not evidence of a change in total or unreported crime. This connection does not establish causation. Actions after the measurement period cannot explain the earlier observed value.

Retained Arkansas evidence context: Reported property-crime rate. This record’s connection to the topic does not establish an effect on the measured result.

SECTION 1. Arkansas Code § 5-36-103(b)(2) and (3), concerning the types of theft of property that constitute a Class C felony and a Class D felony, are amended to read as follows: (2) Class C felony if: (A) The value of the property is less than twenty-five thousand dollars ($25,000) but more than five thousand dollars ($5,000); (B) The property is obtained by threat; (C) The property is a firearm valued at two thousand five hundred dollars ($2,500) or more; (D) The property is building material obtained from a permitted construction site and the value of the building material is five As Engrossed: S4/8/25 HB1779 2 04-08-2025 10:25:39 CEB119 hundred dollars ($500) or more; (E) The value of the property is five hundred dollars ($500) or more and the theft occurred in an area declared to be under a state of emergency pursuant to proclamation by the President of the United States, the Governor, or the executive officer of a city or county; or (F) The property is oil and gas equipment, the value of the property is five thousand dollars ($5,000) or less but more than one thousand dollars ($1,000), and the person: (i) Caused more than two hundred fifty dollars ($250) in incidental damage to the owner of the oil and gas equipment during the commission of the offense; or (ii) Transported the oil and gas equipment across state lines to sell or dispose of the oil and gas equipment; or (G) The property is a postal package removed from the curtilage of a residential occupiable structure or from a delivery vehicle at any point throughout the delivery route; (3) Class D felony if: (A) The value of the property is five thousand dollars ($5,000) or less but more than one thousand dollars ($1,000); (B) The property is a firearm valued at less than two thousand five hundred dollars ($2,500); (C) The property is a: (i) Credit card or credit card account number; or (ii) Debit card or debit card account number; (D) The value of the property is at least one hundred dollars ($100) or more but less than five hundred dollars ($500) and the theft occurred in an area declared to be under a state of emergency pursuant to proclamation by the President of the United States, the Governor, or the executive officer of a city or county; (E) The property is livestock and the value of the livestock is in excess of two hundred dollars ($200); (F) The property is an electric power line, gas line, water line, wire or fiber insulator, electric motor, or other similar apparatus connected to a farm shop, on-farm grain drying and storage complex, heating and cooling system, environmental control system, animal production facility, irrigation system, or dwelling; As Engrossed: S4/8/25 HB1779 3 04-08-2025 10:25:39 CEB119 (G) The property is a decorative or memorial item from a cemetery, graveyard, or a person's grave site and the offense is the actor's second or subsequent offense of theft of a decorative or memorial item from a cemetery, graveyard, or a person's grave site under this section; (H) The property is oil and gas equipment and the value of the oil and gas equipment is one thousand dollars ($1,000) or less, and the person: (i) Caused more than two hundred fifty dollars ($250) in incidental damage to the owner of the oil and gas equipment during the commission of the offense; or (ii) Transported the oil and gas equipment across state lines to sell or dispose of the oil and gas equipment; […] or […] (I) The value of the property is one thousand dollars ($1,000) or less and the person has been previously convicted of a theft offense of any classification within ten (10) years of the current offense; or

The fact counts homicide deaths in death-certificate data. Criminal murder provisions concern fatal violence but legal offense definitions and convictions differ from mortality classifications. Nonfatal offenses alone do not establish a homicide connection. This connection does not establish causation. Actions after the measurement period cannot explain the earlier observed value.

Retained Arkansas evidence context: Homicide deaths · Reported violent-crime rate. This record’s connection to the topic does not establish an effect on the measured result.

SECTION 1. Arkansas Code § 5-10-101(a)(1), concerning predicate felonies for capital murder, is amended to read as follows: (1) Acting alone or with one (1) or more other persons: (A) The person commits or attempts to commit: (i) Terrorism, as defined in § 5-54-205; (ii) Rape, § 5-14-103; (iii) Kidnapping, § 5-11-102; (iv) Vehicular piracy, § 5-11-105; (v) Robbery, § 5-12-102; (vi) Aggravated robbery, § 5-12-103; (vii) Residential burglary, § 5-39-201(a); (viii) Commercial burglary, § 5-39-201(b); As Engrossed: H3/19/25 HB1630 2 03-19-2025 14:33:54 CEB175 (ix) Aggravated residential burglary, § 5-39-204; (x) A […] violation of the Uniform Controlled Substances Act, §§ 5-64-101 — 5-64-508, involving an actual delivery of a controlled substance; or (xi) First degree escape, § 5-54-110; and (B) In the course of and in furtherance of the […] offense or in immediate flight from the […] offense, the person or an accomplice causes the death of a person under circumstances manifesting extreme indifference to the value of human life; SECTION 2. Arkansas Code § 5-10-102(a)(1), concerning predicate felonies for murder in the first degree, is amended to read as follows: (1) Acting alone or with one (1) or more other persons: (A) The person commits or attempts to commit a felony or a violation of the Uniform Controlled Substance Act, §§ 5-64-101 — 5-64-508, involving an actual delivery of a controlled substance; and (B) In the course of and in the furtherance of the […] offense or in immediate flight from the […] offense, the person or an accomplice causes the death of any person under circumstances manifesting extreme indifference to the value of human life;

The fact counts induced abortions reported as occurring in Arkansas in 2024, regardless of patient residence. It excludes abortions obtained by Arkansas residents outside the state. Regulation or reporting concerns these occurrences without establishing the effect of a particular policy. This connection does not establish causation. Actions after the measurement period cannot explain the earlier observed value.

Retained Arkansas evidence context: Reported induced abortions occurring in Arkansas. This record’s connection to the topic does not establish an effect on the measured result.

20-16-2602. Definitions. As used in this subchapter: (1)(A) “Abortion” means the act of using or prescribing any instrument, medicine, drug, or any other substance, device, or means with the intent to terminate the clinically diagnosable pregnancy of a woman, with knowledge that the termination by any of those means will with reasonable likelihood cause the death of the unborn child. As Engrossed: S4/9/25 SB591 2 04-09-2025 15:16:46 JMB381 (B) An act under subdivision (1)(A) of this section is not an abortion if the act is performed with the intent to: (i) Save the life or preserve the health of the unborn child or the pregnant woman; (ii) Remove a dead unborn child caused by spontaneous abortion; or (iii) Remove an ectopic pregnancy; (2) “Incompetent” means an individual who has been adjudicated as an individual with a disability and has had a guardian appointed for her; (3) “Minor” means an individual under eighteen (18) years of age; (4) “Physician” means a person licensed to practice medicine in this state, including a medical doctor and a doctor of osteopathy; (5) “Race-selection abortion” means an abortion performed solely on the basis of the race of the unborn child; (6) “Unborn child” means the offspring of human beings from conception until birth; and (7) “Viability” means the state of fetal development when, in the judgment of the physician based on the particular facts of the case before him or her and in light of the most advanced medical technology and information available to him or her, there is a reasonable likelihood of sustained survival of the unborn child outside the body of the mother, with or without artificial life support. 20-16-2603. Prohibition — Race-selection abortion. (a) A physician or other person shall not intentionally perform or attempt to perform an abortion with the knowledge that the pregnant woman is seeking the abortion solely on the basis of the race of the unborn child. (b) Before performing an abortion, the physician or other person who is performing the abortion shall: (1)(A) Ask the pregnant woman if she knows the race of the unborn child. (B) If the pregnant woman knows the race of the unborn child, the physician or other person who is performing the abortion shall inform the pregnant woman of the prohibition of abortion as a method of race selection for children; and As Engrossed: S4/9/25 SB591 3 04-09-2025 15:16:46 JMB381 (2)(A) Request the medical records of the pregnant woman relating directly to the entire pregnancy history of the woman. (B) An abortion shall not be performed until reasonable time and effort is spent to obtain the medical records of the pregnant woman as described in subdivision (b)(2)(A) of this section. (c) If this section is held invalid as applied to the period of pregnancy prior to viability, then the section shall remain applicable to the period of pregnancy subsequent to viability. 20-16-2604. Criminal penalties. A physician or other person who knowingly performs or attempts to perform an abortion prohibited by this subchapter is guilty of a Class A misdemeanor. 20-16-2605. Civil penalties and professional sanctions. (a)(1) A physician or other person who knowingly violates this subchapter is liable for damages and shall have his or her medical license suspended or revoked as applicable. (2) The physician or other person may also be enjoined from future acts prohibited by this subchapter. (b)(1) A woman who receives an abortion in violation of this subchapter without being informed of the prohibition of abortion as a method of race selection for children, the parent or legal guardian of the woman if the woman is a minor who is not emancipated, or the legal guardian of the woman if the woman has been adjudicated incompetent, may commence a civil action for any reckless violation of this subchapter and may seek both actual and punitive damages. (2) Damages may include without limitation: (A) Money damages for all psychological and physical injuries occasioned by the violation of this subchapter; and (B) Statutory damages equal to ten (10) times the cost of the abortion performed in violation of this subchapter. (c) A physician or other person who performs an abortion in violation of this subchapter shall be considered to have engaged in unprofessional conduct for which his or her license to provide healthcare services in this state shall be suspended or revoked by the Arkansas State Medical Board. As Engrossed: S4/9/25 SB591 4 04-09-2025 15:16:46 JMB381 (d)(1) A cause of action for injunctive relief against any physician or other person who has knowingly violated this subchapter may be maintained by: (A) A person who is the spouse, parent, guardian, or current or former licensed healthcare provider of the woman who receives or attempts to receive an abortion in violation of this subchapter; or (B) The Attorney General. (2) The injunction shall prevent the physician or other person from performing further abortions in violation of this subchapter. 20-16-2606. Exclusion of liability for a woman who undergoes prohibited abortion. (a) A woman who receives or attempts to receive an abortion in violation of this subchapter shall not be prosecuted under this subchapter for conspiracy to violate this subchapter or otherwise be held criminally or civilly liable for any violation. (b) In a criminal proceeding or action brought under this subchapter, a woman who receives or attempts to receive an abortion in violation of this subchapter is entitled to all rights, protections, and notifications afforded to crime victims. (c)(1) In a civil proceeding or action brought under this subchapter, the anonymity of the woman who receives or attempts to receive the abortion in violation of this subchapter shall be preserved from public disclosure unless she gives her consent to disclosure. (2) A court of competent jurisdiction, upon motion or sua sponte, shall issue orders to the parties, witnesses, and counsel and direct the sealing of the record and exclusion of the individuals from the courtroom or hearing room to the extent necessary to safeguard the identity of the woman from public disclosure. (3) In the absence of written consent of the woman who receives or attempts to receive an abortion in violation of this subchapter, a person who initiates a proceeding or action under § 20-16-2605(b) or § 20-16-2605(d) shall do so under a pseudonym. 20-16-2607. Construction. (a) This subchapter shall not be construed as creating or recognizing As Engrossed: S4/9/25 SB591 5 04-09-2025 15:16:46 JMB381 a right to abortion. (b) It is not the intention of this subchapter to make lawful an abortion that is currently unlawful. 20-16-2608. Right of intervention. The General Assembly by joint resolution may appoint one (1) or more of its members who sponsored or cosponsored this subchapter in his or her official capacity to intervene as a matter of right in any case in which the constitutionality of this law is challenged. SECTION 2. Contingent effective date. This act shall become effective only upon the certification by the Attorney General that: (1) The State of Arkansas is enjoined from preventing a person from purposely performing or attempting to perform an abortion except to save the life of a pregnant woman in a medical emergency under Arkansas Human Life Protection Act, § 5-61-301 et seq., or the Arkansas Unborn Child Protection Act, § 5-61-401 et seq.; or (2) The Arkansas Human Life Protection Act, § 5-61-301 et seq., or the Arkansas Unborn Child Protection Act, § 5-61-401 et seq., have been repealed or amended in whole or in part to allow a person to purposely perform or attempt to perform an abortion except to save the life of a pregnant woman in a medical emergency.

Firearm mortality includes suicide, homicide, and other intents. The provision concerns firearm access, safety, or prevention of firearm injury and may address only part of the death count. This connection does not establish causation. Actions after the measurement period cannot explain the earlier observed value.

Retained Arkansas evidence context: Firearm deaths. This record’s connection to the topic does not establish an effect on the measured result.

6-16-163. Instruction on firearm safety — Required. (a) It is the intent of the General Assembly to: (1) Protect Arkansas children from the accidental discharge of firearms by providing age-appropriate firearm education and instruction; and (2) Empower the Arkansas State Game and Fish Commission to work with the Division of Elementary and Secondary Education to create and approve age-appropriate firearm safety courses. (b)(1) The division, in consultation with the commission, shall As Engrossed: H1/28/25 H2/17/25 HB1117 2 02-17-2025 09:09:53 TNL036 determine the earliest grade in which it is appropriate for students enrolled in public school districts and open-enrollment public charter schools to begin receiving instruction on firearm safety. (2) In order to make the determination required under subdivision (a)(1) of this section, the division and the commission shall study relevant data and risk factors, including without limitation the earliest age at which: (A) Incidents of injury involving firearms are reported; and (B) Children are susceptible to harm from unsecured firearms that they are able to gain access to. (c) Beginning with the 2025-2026 school year, each public school district and open-enrollment public charter school shall annually provide students with age-appropriate and grade-appropriate instruction on firearm safety. (d) The curriculum or program of instruction used to educate students on firearm safety under subsection (b) of this section shall: (1) Be approved by the division; (2) Begin in the earliest appropriate grade as determined by the division and the commission under subsection (a) of this section and continue in each subsequent grade through grade twelve (12); (3) Include instruction on the following without limitation: (A) The steps to take if a student finds an unsecured firearm, including without limitation the importance of: (i) Avoiding injury if the student finds an unsecured firearm; (ii) Never touching a firearm if the student finds an unsecured firearm; and (iii) Immediately notifying an adult of the location of the unsecured firearm; (B) School safety relating to firearms; and (C) The proper handling and safe storage of firearms; and (4) Include neutral viewpoints on all included topics, including without limitation the prevention of accidental firearm injury. As Engrossed: H1/28/25 H2/17/25 HB1117 3 02-17-2025 09:09:53 TNL036 (e)(1) The division shall not approve a curriculum or program of instruction used to educate students on firearm safety if the curriculum, program of instruction, or any of the instructional materials used as part of the curriculum or program of instruction bear a brand or stated organizational affiliation. (2) However, curricula, programs of instruction, or any of the instructional materials used as part of the curricula or programs of instruction used to educate students on firearm safety may bear a brand issued by the State of Arkansas or any of its departments, agencies, or divisions. (f) The division shall use the following preferred methods of instruction in determining the curriculum or program of instruction used to educate students on firearm safety: (1) The viewing of a video produced by the commission or a commission-approved source; (2) The review of online resources and materials; and (3)(A) An alternative curriculum, which may include an off-campus, commission-approved firearm safety course. (B)(i) An off-campus, commission-approved firearm safety course may be provided in conjunction with a live-fire exercise or sporting event. (ii) If an off-campus, commission-approved firearm safety course is provided in conjunction with a live-fire exercise or sporting event, the provider of the off-campus, commission-approved firearm safety course and the public school district or open-enrollment public charter school in which the participating student is enrolled shall obtain prior written approval from the participating student's parent, legal guardian, or person standing in loco parentis to the participating student. (g) As used in this section, "firearm" means the same as defined in § 5-1-102.

Firearm mortality includes suicide, homicide, and other intents. The provision concerns firearm access, safety, or prevention of firearm injury and may address only part of the death count. This connection does not establish causation. Actions after the measurement period cannot explain the earlier observed value.

Retained Arkansas evidence context: Firearm deaths. This record’s connection to the topic does not establish an effect on the measured result.

16-120-805. Firearms hold agreement — Limitation. (a) As used in this section: (1) "Federal firearms licensee" means a person licensed under 18 U.S.C. §§ 921-934, as they existed on January 1, 2024; (2) "Firearm" means the same as defined in § 5-1-102; and (3) "Firearm hold agreement" means a transaction between a federal firearms licensee and an individual firearm owner in which the federal firearms licensee takes physical possession of the individual firearm owner’s lawfully possessed firearm at the owner's request, holds the firearm for an agreed period of time, and returns the firearm to the individual firearm owner according to the terms of the transaction. (b)(1) A federal firearms licensee operating lawfully in the As Engrossed: H1/23/25 H2/3/25 HB1067 2 02-03-2025 09:47:08 CEB037 state is immune from civil liability for any act or omission arising from a firearm hold agreement and resulting in personal injury or death of a person, including without limitation the return of a firearm to the individual firearm owner by the federal firearms licensee at the termination of the firearm hold agreement. (2) The immunity from civil liability under subdivision (b)(1) of this section does not apply to an act arising from a firearm hold agreement if the act was the result of otherwise unlawful conduct on the part of the federal firearm licensee.

The fact counts induced abortions reported as occurring in Arkansas in 2024, regardless of patient residence. It excludes abortions obtained by Arkansas residents outside the state. Regulation or reporting concerns these occurrences without establishing the effect of a particular policy. This connection does not establish causation. Actions after the measurement period cannot explain the earlier observed value.

Retained Arkansas evidence context: Reported induced abortions occurring in Arkansas. This record’s connection to the topic does not establish an effect on the measured result.

20-16-2602. Definitions. As used in this subchapter: (1)(A) “Abortion” means the act of using or prescribing any instrument, medicine, drug, or any other substance, device, or means with the intent to terminate the clinically diagnosable pregnancy of a woman, with knowledge that the termination by any of those means will with reasonable likelihood cause the death of the unborn child. As Engrossed: S4/9/25 SB591 2 04-09-2025 15:16:46 JMB381 (B) An act under subdivision (1)(A) of this section is not an abortion if the act is performed with the intent to: (i) Save the life or preserve the health of the unborn child or the pregnant woman; (ii) Remove a dead unborn child caused by spontaneous abortion; or (iii) Remove an ectopic pregnancy; (2) “Incompetent” means an individual who has been adjudicated as an individual with a disability and has had a guardian appointed for her; (3) “Minor” means an individual under eighteen (18) years of age; (4) “Physician” means a person licensed to practice medicine in this state, including a medical doctor and a doctor of osteopathy; (5) “Race-selection abortion” means an abortion performed solely on the basis of the race of the unborn child; (6) “Unborn child” means the offspring of human beings from conception until birth; and (7) “Viability” means the state of fetal development when, in the judgment of the physician based on the particular facts of the case before him or her and in light of the most advanced medical technology and information available to him or her, there is a reasonable likelihood of sustained survival of the unborn child outside the body of the mother, with or without artificial life support. 20-16-2603. Prohibition — Race-selection abortion. (a) A physician or other person shall not intentionally perform or attempt to perform an abortion with the knowledge that the pregnant woman is seeking the abortion solely on the basis of the race of the unborn child. (b) Before performing an abortion, the physician or other person who is performing the abortion shall: (1)(A) Ask the pregnant woman if she knows the race of the unborn child. (B) If the pregnant woman knows the race of the unborn child, the physician or other person who is performing the abortion shall inform the pregnant woman of the prohibition of abortion as a method of race selection for children; and As Engrossed: S4/9/25 SB591 3 04-09-2025 15:16:46 JMB381 (2)(A) Request the medical records of the pregnant woman relating directly to the entire pregnancy history of the woman. (B) An abortion shall not be performed until reasonable time and effort is spent to obtain the medical records of the pregnant woman as described in subdivision (b)(2)(A) of this section. (c) If this section is held invalid as applied to the period of pregnancy prior to viability, then the section shall remain applicable to the period of pregnancy subsequent to viability. 20-16-2604. Criminal penalties. A physician or other person who knowingly performs or attempts to perform an abortion prohibited by this subchapter is guilty of a Class A misdemeanor. 20-16-2605. Civil penalties and professional sanctions. (a)(1) A physician or other person who knowingly violates this subchapter is liable for damages and shall have his or her medical license suspended or revoked as applicable. (2) The physician or other person may also be enjoined from future acts prohibited by this subchapter. (b)(1) A woman who receives an abortion in violation of this subchapter without being informed of the prohibition of abortion as a method of race selection for children, the parent or legal guardian of the woman if the woman is a minor who is not emancipated, or the legal guardian of the woman if the woman has been adjudicated incompetent, may commence a civil action for any reckless violation of this subchapter and may seek both actual and punitive damages. (2) Damages may include without limitation: (A) Money damages for all psychological and physical injuries occasioned by the violation of this subchapter; and (B) Statutory damages equal to ten (10) times the cost of the abortion performed in violation of this subchapter. (c) A physician or other person who performs an abortion in violation of this subchapter shall be considered to have engaged in unprofessional conduct for which his or her license to provide healthcare services in this state shall be suspended or revoked by the Arkansas State Medical Board. As Engrossed: S4/9/25 SB591 4 04-09-2025 15:16:46 JMB381 (d)(1) A cause of action for injunctive relief against any physician or other person who has knowingly violated this subchapter may be maintained by: (A) A person who is the spouse, parent, guardian, or current or former licensed healthcare provider of the woman who receives or attempts to receive an abortion in violation of this subchapter; or (B) The Attorney General. (2) The injunction shall prevent the physician or other person from performing further abortions in violation of this subchapter. 20-16-2606. Exclusion of liability for a woman who undergoes prohibited abortion. (a) A woman who receives or attempts to receive an abortion in violation of this subchapter shall not be prosecuted under this subchapter for conspiracy to violate this subchapter or otherwise be held criminally or civilly liable for any violation. (b) In a criminal proceeding or action brought under this subchapter, a woman who receives or attempts to receive an abortion in violation of this subchapter is entitled to all rights, protections, and notifications afforded to crime victims. (c)(1) In a civil proceeding or action brought under this subchapter, the anonymity of the woman who receives or attempts to receive the abortion in violation of this subchapter shall be preserved from public disclosure unless she gives her consent to disclosure. (2) A court of competent jurisdiction, upon motion or sua sponte, shall issue orders to the parties, witnesses, and counsel and direct the sealing of the record and exclusion of the individuals from the courtroom or hearing room to the extent necessary to safeguard the identity of the woman from public disclosure. (3) In the absence of written consent of the woman who receives or attempts to receive an abortion in violation of this subchapter, a person who initiates a proceeding or action under § 20-16-2605(b) or § 20-16-2605(d) shall do so under a pseudonym. 20-16-2607. Construction. (a) This subchapter shall not be construed as creating or recognizing As Engrossed: S4/9/25 SB591 5 04-09-2025 15:16:46 JMB381 a right to abortion. (b) It is not the intention of this subchapter to make lawful an abortion that is currently unlawful. 20-16-2608. Right of intervention. The General Assembly by joint resolution may appoint one (1) or more of its members who sponsored or cosponsored this subchapter in his or her official capacity to intervene as a matter of right in any case in which the constitutionality of this law is challenged. SECTION 2. Contingent effective date. This act shall become effective only upon the certification by the Attorney General that: (1) The State of Arkansas is enjoined from preventing a person from purposely performing or attempting to perform an abortion except to save the life of a pregnant woman in a medical emergency under Arkansas Human Life Protection Act, § 5-61-301 et seq., or the Arkansas Unborn Child Protection Act, § 5-61-401 et seq.; or (2) The Arkansas Human Life Protection Act, § 5-61-301 et seq., or the Arkansas Unborn Child Protection Act, § 5-61-401 et seq., have been repealed or amended in whole or in part to allow a person to purposely perform or attempt to perform an abortion except to save the life of a pregnant woman in a medical emergency.