Adding information act 'teeth' clears House

Rep. Nate Bell, R-Mena, presents his bill dealing with rights of public employees during a meeting of the House Committee on State Agencies and Governmental Affairs at the Arkansas state Capitol in Little Rock, Ark., Wednesday, Feb. 4, 2015.
Rep. Nate Bell, R-Mena, presents his bill dealing with rights of public employees during a meeting of the House Committee on State Agencies and Governmental Affairs at the Arkansas state Capitol in Little Rock, Ark., Wednesday, Feb. 4, 2015.

Arkansas lawmakers pushed through a string of tweaks to the state's criminal code on Friday, including a bill that would leave public board members out of a job, and possibly in jail, if they violate the state's Freedom of Information Act.

Rep. Nate Bell, R-Mena, argued that his legislation, House Bill 1984, would "give some teeth" to a section of the Freedom of Information Act that currently makes illegal executive sessions by public boards or commissions a Class C misdemeanor.

If a board member or commissioner "negligently" and unlawfully calls for or participates in an executive session, the penalty will remain, but those who intentionally break the Freedom of Information Act standard that executive sessions only be used for discussing personnel matters could be convicted of a Class A misdemeanor.

Class A misdemeanors are the most severe nonfelony and can result in up to a year in jail.

"The bottom line, if you work in a position of public trust or on a board or commission of public trust and you knowingly [break the executive session provision] ... you knowingly intended to mislead the public or hide things from the public, then you could be prosecuted under this statute," Bell said Friday.

Bell's bill strengthens the subsection of the freedom of information statute that states: "Executive sessions must never be called for the purpose of defeating the reason or the spirit" of the law.

Another part of HB1984 would ban someone convicted of violating the meetings law from holding public office or from having employment with a state agency.

If employed by the state or holding public office, a conviction would automatically trigger a termination or an impeachment, respectively.

The bill protects public actors from prosecution if they "objected to the discussion of [improper] matters" in an executive session and left the session after the objection.

The bill passed 74-2 and will go to the Senate Judiciary Committee.

House members also passed a Senate bill that would enable lifelong supervision for some sex offenders.

SB46 by Sen. Jeremy Hutchinson, R-Little Rock, was drafted to target the most serious and dangerous sex offenders who, after finishing their prison sentence, still remain a threat to the public despite inclusion on the sex-offender registry.

While pitching SB46, Rep. Camille Bennett, D-Lonoke, said that when a prisoner is nearing release from prison or a parole facility, a prosecutor could petition a judge to require the prisoner to submit to a 15-year term of supervision after release.

Offenders would be able to fight the supervision in court and would be eligible to appeal it every five years. Prosecutors could reapply for extended supervision every 15 years.

SB46 passed 85-0 and was sent to Gov. Asa Hutchinson.

Bennett was also successful in pushing through another Senate bill, SB867, which would levy a fine on offenders convicted of a violent or sexual crime involving a child.

If a child is the victim or witness of a violent or sex crime, an offender would have to pay an additional $25 fine to the state upon conviction. The money would be directed to the 14 child advocacy centers around the state that work to provide counseling and other services to child crime victims and witnesses of heinous acts.

SB867, by Sen. Eddie Joe Williams, R-Cabot, passed 82-0 and will return to the Senate Judiciary Committee for an amendment.

Metro on 03/28/2015

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