Week in Review

State Capitol Week in Review

LITTLE ROCK – Many new laws approved in the 2009 regular session took effect on July 31, the 91st day after the legislature adjourned.

Teenaged drivers with an intermediate license or a learner's permit now must comply with a new set of restrictions, thanks to Act 394. They may not use a cell phone or wireless device, so they may not text or access the Internet while driving. They can have only one passenger in the car who is under the age of 21, unless the passengers are siblings or unless there is an adult in the front seat who is over 21 and has a driver's license.

They are prohibited from driving between 11 p.m. and 4 a.m. unless accompanied by an adult, or unless they are going to or from a school activity, a church activity or work. There are exemptions for emergency situations.

Act 33, the Animal Cruelty Act, makes aggravated cruelty a felony for a first offense if it is committed against a dog, cat or horse. Only certified law enforcement officers are authorized to make arrests under the act.

A series of laws strengthening penalties for domestic violence have now gone into effect. They include Act 332, which creates the crime of choking and lists it in the category of aggravated assault, a felony.

Act 333 strengthens the penalties for repeat offenders who commit domestic battering. Third degree domestic battering is a misdemeanor for the first offense, and Act 333 makes a second offense a felony. The act defines a second offense as one that occurs within five years of the first.

Act 333 makes third degree domestic battering a felony if the victim is pregnant and the violator knows, or should have known, of the pregnancy.

Act 194 adds a new category to first degree domestic battering, which is a felony. It adds battering of a family member who is 60 years old or older, and battering of a child 12 years old or younger.

Act 974 requires police to take DNA samples from people who have been arrested, not convicted, on suspicion of these crimes: murder, kidnapping and sexual assault in the first and second degree.

Act 1444 removes the statute of limitations for rape if DNA evidence has been collected. The statute of limitations for many violent crimes, known as Class Y felonies, is six years. It had been 15 years for rape, when DNA evidence had been collected.

Now, under Act 144 there is no statute of limitations for rape if DNA evidence is present. That makes it similar to murder, for which there also is no statute of limitations.

Also taking effect is Act 329, which prohibits the sale of novelty cigarette lighters that resemble toys, guns, musical instruments, animals, cars an other items that have entertaining features. They may not play music or have flashing lights.

This year the legislature adjourned on May 1. Acts with emergency clauses took effect immediately when the governor signed them, back in the spring. Appropriations and budget bills took effect at the beginning of the state fiscal year, July 1. Some laws are open-ended, such as legislation that created the Lottery Commission, which will begin operating the new Arkansas lottery as soon as possible.

The legislature enacted news laws affecting voting and education that are now in effect, and will be implemented in the 2009-2010 school year and in next year's elections.