All Roll Calls
Yes: 100 • No: 19
ArkansasSB3752025 Regular SessionSenate
TO CREATE THE OFFENSE OF CAPITAL RAPE; AND TO AMEND A PORTION OF ARKANSAS CODE WHICH RESULTED FROM INITIATED ACT 3 OF 1936.
Sponsored By: Jeremiah Moore (Republican), Matt Stone (Republican)
Enacted
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Bill Overview
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21 provisions identified: 7 benefits, 10 costs, 4 mixed.
Fathers lose rights after capital rape
A putative father—a man alleged to be the father—immediately loses custody, visitation, and contact rights upon conviction for capital rape. This applies only when the child was conceived through that rape.
Capital rape bars covered school roles
Capital rape is a disqualifying offense for an Arkansas teaching license. It also disqualifies people from covered nonlicensed school staff jobs and registered volunteer roles.
Capital rape defendants gain defense support
For indigent capital rape defendants facing death, courts may appoint the Public Defender Commission when local defense counsel cannot serve. The court must find a conflict or determine that the trial public defender cannot or should not represent the defendant. Death is presumed sought unless the prosecutor says otherwise at arraignment. The Commission may choose to pay all case expenses. Defense lawyers in capital rape cases and related post-conviction proceedings need five years admitted practice and three years handling capital cases.
Capital rape defense gets cost schedule
Capital rape cases join the Public Defender Commission’s legal-service cost schedule. The schedule lists $12,500 when death is imposed, including appeals and post-conviction challenges. Without a death sentence, it lists $500 for early resolution and $2,500 for a negotiated plea or pretrial resolution. A trial or extended matter carries a $7,500 schedule amount without a death sentence. These are case-based legal-service amounts, not household payments.
Capital rape victims gain legal protections
After a capital rape conviction, courts must consider an extended no-contact order when the prosecutor requests one. Courts do not have to issue the order. Capital rape also joins the sex-offense definition used for crime-victim rights. That definition now names first-degree computer exploitation of a child rather than the broader statutory reference.
Intellectual disability bars the death penalty
Defendants with an intellectual disability when the offense occurred cannot receive the death penalty for capital murder, treason, or capital rape. They must raise the issue by a motion before trial and prove the disability is more likely than not. When the disability is established, life without parole replaces the death penalty upon conviction.
Mental health checks for young offenders
Courts must ensure minors convicted of capital rape receive a comprehensive mental health evaluation before entering prison for life. This applies only when no evaluation was completed before trial or sentencing. An adolescent mental health professional licensed in Arkansas must perform the evaluation.
More protections for capital rape victims
Courts can issue permanent no-contact orders after a capital rape conviction, but these orders are not automatic. Before considering a pardon or recommending a shorter sentence, the Board of Corrections must notify victims or next of kin. They must first request notice through the prosecuting attorney. Sheriff's offices must keep items related to capital rape investigations for 99 years.
Youth receive twenty-year parole eligibility
People under 18 when committing treason or capital rape can receive life sentences with parole possible after at least 20 years. For treason, the minimum before parole eligibility falls from 30 years to 20 years. Eligibility does not guarantee release.
Capital rape adds repeat-offender penalties
Attempting, soliciting, or conspiring to commit capital rape is a Class Y felony. Capital rape joins the serious violent felonies covered by Arkansas’s repeat-offender law. Felony attempts, solicitations, and conspiracies to commit it also join that law’s violent-offense list. A juvenile capital rape finding counts as one point when Arkansas’s voluntary sentencing standards apply to a later sentence. The one-point kidnapping category also expands from first-degree kidnapping to kidnapping under the listed statute.
Capital rape brings added sentencing limits
Courts may add 1 to 10 prison years when capital rape occurs in a child’s presence. Committing or attempting capital rape can also supply the underlying felony for a capital murder charge. That rule applies within the circumstances defined by Arkansas’s capital murder law. People convicted of capital rape cannot qualify for community service work under the covered program.
Capital rape carries capital sentencing penalties
Adult capital rape cases use capital sentencing procedures, not Arkansas’s voluntary sentencing standards. The law also extends the capital sentencing framework to treason. Life without parole is the fallback if the death penalty is legally invalid. With court permission, prosecutors can waive death; a guilty plea or verdict then requires life without parole. After a capital rape guilty finding, guilty plea, or no-contest plea, courts cannot release the defendant, including during appeal.
Capital rape carries death or life
The law creates capital rape for sexual intercourse or other legally defined sexual activity with children age 13 or younger. It covers serious injury or threats, deadly weapons, listed crimes such as kidnapping, repeated offenses, or specified prior rape convictions. Consent is not a defense. For offenders age 18 or older at the time, punishment is death or life without parole. For younger offenders, punishment is life with parole eligibility only after at least 20 years. Courts cannot grant probation or suspend imposition of imprisonment. The law also provides backup penalties if death or life-without-parole sentences are ruled unconstitutional, and Class Y felony treatment for specified purposes.
Capital rape expands related criminal restrictions
Capital rape now counts as a crime of violence under Arkansas’s criminal-property and proceeds-laundering law. It also counts under machine-gun, criminal-gang, and gang-recruitment laws. An exception in the hindering-arrest-or-prosecution law is unavailable when the person assisted is accused of capital rape. A capital rape conviction, guilty plea, or no-contest plea also bars possession of body armor.
Capital rape requires lifetime offender registration
People convicted of capital rape must register as sex offenders for life. Capital rape joins the lifetime-registration category that includes rape by forcible compulsion.
Youth face broader capital rape prosecution
Juveniles charged with capital rape can enter extended juvenile jurisdiction, which combines juvenile handling with possible adult sentencing. Prosecutors can choose juvenile or criminal court for conduct committed at age 14 or 15 that constitutes adult capital rape. The juvenile court-filing rule also covers felony attempts, solicitations, and conspiracies to commit capital rape.
Youth face screening and DNA collection
Courts must order sex-offender screening and a risk assessment after a juvenile delinquency finding for capital rape. A person with that finding must also provide a DNA sample.
Capital rape can end parental rights
The law extends Arkansas’s rape-related parental-rights rule to capital rape convictions. A putative father’s parental rights end upon conviction when the rape resulted in the child’s birth.
Capital rape cases gain evidence tools
Prosecutors can bring capital rape charges at any time, with no prosecution deadline. Physical evidence in covered capital rape prosecutions must be kept under the existing retention rules. Capital rape also falls within the similar-crime evidence rule for sexual-assault cases. That rule does not automatically make any particular evidence admissible.
Capital rape clemency brings stricter rules
Capital rape pardon and sentence-reduction applications must be copied to designated officials. Victims or next of kin get copies when the victim requested notice through the prosecutor. Notice must appear twice in a newspaper covering the offense’s county or counties, at least seven days apart. People serving life without parole for capital rape must wait nine years after a pardon denial before applying again.
New trial rules for capital rape
A person can receive separate convictions and sentences for capital rape and a felony used as its underlying offense. Rape involving a child under 14 is also a lesser offense included in the capital-rape charge. During jury selection, prosecutors get 10 challenges that do not require a stated reason, and defendants get 12. Ordinary felony limits are 6 for prosecutors and 8 for defendants.
Sponsors & Cosponsors
Sponsors
Jeremiah Moore
Republican • House
Matt Stone
Republican • Senate
Cosponsors
Brandon Achor
Republican • House
Wade Andrews
Republican • House
Breanne Davis
Republican • Senate
Blake Johnson
Republican • Senate
Howard M. Beaty, Jr.
Republican • House
Mary Bentley
Republican • House
Harlan Breaux
Republican • House
Cameron Cooper
Republican • House
Paul Childress
Republican • House
Bruce Cozart
Republican • House
Steve Crowell
Republican • Senate
Dave Wallace
Republican • Senate
Tyler Dees
Republican • Senate
Matt Duffield
Republican • House
James Eaton
Republican • House
Les D. Eaves
Republican • House
Scott Flippo
Republican • Senate
Tony Furman
Republican • House
Gary Stubblefield
Republican • Senate
Ben Gilmore
Republican • Senate
Justin Gonzales
Republican • House
Brad Hall
Republican • House
Bart Hester
Republican • Senate
Steve Hollowell
Republican • House
Missy Irvin
Republican • Senate
Joshua Bryant
Republican • Senate
Jonathan Dismang
Republican • Senate
Jane English
Republican • Senate
John Payton
Republican • Senate
Jim Petty
Republican • Senate
Lane Jean
Republican • House
Joey L. Carr
Republican • House
Karilyn Brown
Republican • House
Roger D. Lynch
Republican • House
Matt Brown
Republican • House
Mark Johnson
Republican • Senate
Matt McKee
Republican • Senate
John Maddox
Republican • House
Richard McGrew
Republican • House
Jon Milligan
Republican • House
Jason Nazarenko
Republican • House
Stetson Painter
Republican • House
Chad Puryear
Republican • House
R. Scott Richardson
Republican • House
Terry Rice
Republican • Senate
Ryan A. Rose
Republican • House
Johnny Rye
Republican • House
Randy Torres
Republican • House
Dwight Tosh
Republican • House
Kendon Underwood
Republican • House
Steve Unger
Republican • House
DeAnn Vaught
Republican • House
Steven Walker
Republican • House
Richard Womack
Republican • House
Roll Call Votes
House vote • 4/9/2025
House Vote - Wednesday, April 9, 2025 8:36:49 PM
Yes: 74 • No: 13 • Other: 4
Senate vote • 3/12/2025
Senate Vote - Wednesday, March 12, 2025 3:45:30 PM
Yes: 26 • No: 6 • Other: 2
Actions Timeline
Notification that SB375 is now Act 662
4/18/2025SenateDELIVERED TO GOVERNOR.
4/10/2025SenateReported correctly enrolled and ordered delivered to the Governor.
4/10/2025SenateORDERED ENROLLED
4/9/2025SenateReturned from the House as passed.
4/9/2025SenateReturned to the Senate as passed.
4/9/2025HouseRead the third time and passed and ordered transmitted to the Senate.
4/9/2025HouseReturned by the Committee Do Pass
4/8/2025HouseRead the first time, rules suspended, read the second time and referred to the Committee on JUDICIARY COMMITTEE- HOUSE
3/12/2025HouseRECEIVED FROM THE SENATE
3/12/2025HouseOrdered immediately transmitted to the House.
3/12/2025SenateRead the third time and passed.
3/12/2025SenateReturned by the Committee, with the recommendation that it Do Pass
3/10/2025SenateRead first time, rules suspended, read second time, referred to JUDICIARY COMMITTEE - SENATE
3/4/2025SenateFiled
3/4/2025Senate
Bill Text
SB375 - Introduced
3/4/2025
Act Version
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