All Roll Calls
Yes: 127 • No: 0
ArkansasSB4422025 Regular SessionSenateWALLET
TO AMEND THE LAW CONCERNING HUMAN TRAFFICKING; TO PROVIDE FOR FORFEITURE OF ASSETS USED TO CONDUCT HUMAN TRAFFICKING; AND TO CREATE THE OFFENSE OF HARBORING AN ENDANGERED RUNAWAY CHILD.
Sponsored By: Joshua Bryant (Republican), Mindy McAlindon (Republican)
Enacted
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Bill Overview
Analyzed Economic Effects
12 provisions identified: 2 benefits, 3 costs, 7 mixed.
Sexual solicitation brings fines and felonies
A first sexual solicitation offense is a Class A misdemeanor; a second or later offense is a Class D felony. The offense includes offering or agreeing to pay for sex, or requesting sexual activity in return for a fee. Convictions for offering, agreeing, or paying for sex require a $2,500 fine, added to other authorized sentences. People convicted of soliciting a minor must attend a state-police-approved education or treatment program; program costs are not specified. The existing defense for conduct resulting from trafficking victimization remains available.
Trafficking cases can cost owners property
The law allows forfeiture of trafficking-related vehicles, records, computers, money, weapons, proceeds, and real estate. Owners without knowledge of the prohibited use, qualifying lenders, and common carriers have protections. The state must prove the property qualifies by a preponderance of the evidence, meaning more likely than not. A court can freeze assets without notice only with probable cause and evidence that notice threatens their availability. Courts can take substitute assets when original property is missing, transferred, outside their reach, inseparably mixed, diminished outside agency custody, or subject to protected interests. Substitute forfeiture cannot exceed the original property's value.
Owners get court safeguards against forfeiture
Civil forfeiture generally requires a related felony conviction under the Human Trafficking Act. Prosecutors must prove an exception by clear and convincing evidence, such as death, deportation, flight, abandoned ownership, or written agreement. Courts must provide notice and hearings, with 30 days to file a claim. Agencies must notify owners of leased property within five days of seizure. Transfers to federal authorities require a circuit court order requested by the prosecutor. Approval requires apparent multistate activity or an investigation or seizure better pursued under federal law.
Harboring runaway children brings new penalties
The law creates an offense for knowingly harboring an endangered runaway minor for at least 72 hours. The unemancipated child must also have voluntarily left home for at least 72 hours without a compelling reason or custodial consent. A first offense is a Class A misdemeanor; later offenses are Class D felonies. Each conviction requires a $1,000 fine paid into the Arkansas Human Trafficking Council Support Fund. A defense covers good-faith protection, prompt notice to authorities, temporary protective care, and no interference with custodial rights.
State police add trafficking investigation team
The law creates a State Police Human Trafficking Operations Unit with officers and analysts. It investigates sex trafficking, forced labor, and high-risk missing-child cases. New coordinator and analyst roles support investigations, data reporting, public awareness, local task forces, and grant applications. Agencies starting trafficking investigations must report them to the coordinator, and state agencies must cooperate when asked. No funding amount is specified.
Agencies face federal forfeiture account limits
Agencies and prosecutors must keep federal forfeiture money and its interest in a separate, audited account. Only federal forfeiture receipts and that account's interest may be held there. Money can support only law enforcement and prosecution, consistent with federal law. Any balance exceeding $250,000 must transfer through State Police and the State Treasury to the statewide trafficking support fund. Transfers and spending must remain consistent with federal law.
Agencies lose funding for missing records
Seizing agencies must send detailed confiscation reports to the prosecutor and trafficking coordinator within three business days. An audit finding of missing reports or improper property accounting blocks forfeiture receipts and specified support-fund grants. Officials must appear before the Legislative Joint Auditing Committee, which must approve renewed eligibility. Money or property withheld during ineligibility goes to the support fund and cannot later be recovered by that entity.
Local funds can help officer families
Each law-enforcement agency and prosecutor has a human trafficking control fund. Money supports only law enforcement and prosecution and cannot replace other local, state, or federal funding. A fund may give up to $1,000 to an officer's family when the officer dies in the prosecutor's jurisdiction. Funds are audited, and receipts and spending for the previous six months must be reported by January 1 and July 1.
Victim funding shifts to shared fund
The new Arkansas Human Trafficking Council Support Fund, run by State Police, supports trafficking victims' services and treatment. Grants can go to nonprofit, religious, and other organizations providing that help. Money also supports unit training, equipment, software, travel, and outreach, but cannot buy vehicles or emergency vehicle equipment. Revenue includes fines, fees, appropriations, interest, donations, and other authorized sources; no total amount is specified. The law repeals the Human Trafficking Victim Support Fund and transfers its remaining money and Safe Harbor Fund balances. Safe Harbor funding now comes from general revenue authorized by law, with no replacement amount guaranteed.
Agencies face limits on seized property
After forfeiture, courts can approve official use, public sale, or transfer of a vehicle to a school for driver education. Retained personal property generally must be sold within two years. Longer official use requires court approval each year, based on actual law-enforcement or prosecutorial use. Sale proceeds go 80% to the retaining agency's or prosecutor's trafficking control fund and 20% to the statewide support fund. Property needed as evidence remains subject to evidence-retention requirements.
Forfeiture money faces local funding limits
Forfeiture money enters prosecutors' asset forfeiture funds for law enforcement and prosecution, paying valid liens and case expenses first. County deposits above $20,000 in a calendar year require notice to circuit judges and the trafficking coordinator within 14 days. After notice, 20% of additional proceeds that year goes to the statewide support fund; missing notice blocks specified asset distributions. Remaining balances under $250,000 are shared according to contributing agencies' roles, while balances over $250,000 go to the support fund. For balances over $250,000, itemized expense and contribution records must reach the coordinator within ten calendar days after expenses are paid.
Offense revenues shift toward trafficking response
Listed trafficking, prostitution, and sexual solicitation fines now support the Arkansas Human Trafficking Council Support Fund instead of earlier fund allocations. This redirects revenue away from the Safe Harbor and Human Trafficking Victim Support funds. Agencies must also send prostitution-related vehicle impoundment fees to the new fund on each month's first business day. The revenue-routing rules do not themselves raise those fees or fine amounts.
Sponsors & Cosponsors
Sponsors
Joshua Bryant
Republican • Senate
Mindy McAlindon
Republican • House
Cosponsors
There are no cosponsors for this bill.
Roll Call Votes
House vote • 4/9/2025
House Vote - Wednesday, April 9, 2025 8:42:11 PM
Yes: 94 • No: 0
Senate vote • 4/2/2025
Senate Vote - Wednesday, April 2, 2025 2:43:39 PM
Yes: 33 • No: 0
Actions Timeline
Notification that SB442 is now Act 667
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
4/2/2025HouseRECEIVED FROM THE SENATE
4/2/2025HouseOrdered immediately transmitted to the House.
4/2/2025SenateRead the third time and passed.
4/2/2025SenateREPORTED CORRECTLY ENGROSSED
4/1/2025SenateAmendment # 1 read the first time, rules suspended, read the second time and adopted, ordered engrossed.
4/1/2025SenatePlaced on second reading for purpose of amendment.
4/1/2025SenateReturned by the Committee with the recommendation that it Do Pass as amended, Amendment # 1
3/31/2025SenateRead first time, rules suspended, read second time, referred to JUDICIARY COMMITTEE - SENATE
3/12/2025SenateFiled
3/12/2025Senate
Bill Text
SB442 - Introduced
3/12/2025
Act Version
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