Stricken language would be deleted from and underlined language would be added to present law.

As Engrossed:

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State of Arkansas

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91st General Assembly

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Regular Session, 2017

H3/3/17 S3/14/17

A Bill

HOUSE BILL 1665

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By: Representatives Vaught, Ballinger, Bentley, Boyd, Brown, Cavenaugh, Coleman, Davis, C. Douglas,

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Drown, Eubanks, Fortner, Gates, M. Gray, G. Hodges, Hollowell, Lundstrum, Maddox, McNair,

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Pilkington, Richmond, Rye, B. Smith, Sullivan

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By: Senator G. Stubblefield

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For An Act To Be Entitled

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AN ACT TO CREATE A CAUSE OF ACTION FOR UNAUTHORIZED

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ACCESS TO ANOTHER PERSON'S PROPERTY; AND FOR OTHER

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PURPOSES.

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Subtitle

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TO CREATE A CAUSE OF ACTION FOR

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UNAUTHORIZED ACCESS TO ANOTHER PERSON'S

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PROPERTY.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:

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SECTION 1.

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Arkansas Code Title 16, Chapter 118, is amended to add an

additional section to read as follows:

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16-118-113.

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(a)

As used in this section:
(1)

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Civil cause of action for unauthorized access to property.

"Commercial property” means:

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(A)

A business property;

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(B)

Agricultural or timber production operations,

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including buildings and all outdoor areas that are not open to the public;

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and
(C)

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(2)

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Residential property used for business purposes; and

"Nonpublic area" means an area not accessible to or not

intended to be accessed by the general public.
(b)

A person who knowingly gains access to a nonpublic area of a

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HB1665

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commercial property and engages in an act that exceeds the person's authority

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to enter the nonpublic area is liable to the owner or operator of the

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commercial property for any damages sustained by the owner or operator.

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(c)

An act that exceeds a person's authority to enter a nonpublic area

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of commercial property includes an employee who knowingly enters a nonpublic

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area of commercial property for a reason other than a bona fide intent of

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seeking or holding employment or doing business with the employer and without

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authorization subsequently:

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(1)

Captures or removes the employer's data, paper, records, or

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any other documents and uses the information contained on or in the

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employer's data, paper, records, or any other documents in a manner that

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damages the employer;
(2)

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Records images or sound occurring within an employer's

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commercial property and uses the recording in a manner that damages the

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employer;
(3)

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Places on the commercial property an unattended camera or

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electronic surveillance device and uses the unattended camera or electronic

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surveillance device to record images or data for an unlawful purpose;
(4)

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employer; or
(5)

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Conspires in an organized theft of items belonging to the
Commits an act that substantially interferes with the

ownership or possession of the commercial property.
(d)

A person who knowingly directs or assists another person to

violate this section is jointly liable.
(e)

A court may award to a prevailing party in an action brought under

this section one (1) or more of the following remedies:

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(1)

Equitable relief;

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(2)

Compensatory damages;

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(3)

Costs and fees, including reasonable attorney's fees; and

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(4)

In a case where compensatory damages cannot be quantified, a

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court may award additional damages as otherwise allowed by state or federal

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law in an amount not to exceed five thousand dollars ($5,000) for each day,

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or a portion of a day, that a defendant has acted in violation of subsection

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(b) of this section, and that in the court's discretion are commensurate with

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the harm caused to the plaintiff by the defendant's conduct in violation of

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this section.
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 As Engrossed:
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(f)

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Diminish the protections provided to employees under state

or federal law; or
(2)

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HB1665

This section does not:
(1)

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Limit any other remedy available at common law or provided

by law.
(g)

This section does not apply to a state agency, a state-funded

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institution of higher education, a law enforcement officer engaged in a

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lawful investigation of commercial property or of the owner or operator of

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the commercial property, or a healthcare provider or medical services

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provider.

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