House panel OKs bill to make American law supreme

Arkansas lawmakers moved a measure that would reassert the supremacy of American laws in American courts through a committee Tuesday morning.

In addition to endorsing legislation regarding alcohol-related crimes, the House Judiciary Committee approved a bill to protect Arkansans and those living in Arkansas from foreign laws, including Shariah law, in domestic court disputes.

House Bill 1474, by Rep. Brandt Smith, R-Jonesboro, doesn't mention Shariah law -- which is a legal system predicated upon Islam -- by name during Tuesday's meeting, but much of the discussion centered on a concern that the foreign-based system could deprive rights for those in Arkansas in the future.

"We're not singling out [any foreign laws], but that would be one of the benefits, it would prevent Shariah courts from being established in Arkansas," Smith said. "Where people can say I have an option, I can go to my county courthouse or my federal courthouse, but maybe they're being guided by an Imam or Mullah to go to a Sharia court."

Smith added: "When those conflict, American law trumps foreign law."

At least seven states have passed similar bans on the dominance of "foreign laws" in the American court system, moves that critics say target Muslims.

The first such ban passed in Oklahoma in 2010 but was blocked by a federal judge who ruled it unconstitutional because it singled out Muslims. Subsequent foreign law bans, like Smith's, do not mention Shariah law by name.

A similar bill failed to pass the state Senate Judiciary Committee last week.

Several legislators agreed that there is no threat from foreign laws -- Shariah or otherwise -- to the Arkansas judiciary right now, but Smith said that as foreign populations grow, immigrants feeling pressured to handle domestic disputes should know that American courts -- and the U.S. and Arkansas constitutions -- hold primacy.

Even if it hasn't happened in Arkansas, Rep. Donnie Copeland, R-North Little Rock, said, passing a law in advance of a problem isn't "a bad thing."

The bill passed by voice vote and will go to the whole House for consideration.

The committee also approved a pair of bills that would change how some alcohol offenses are prosecuted.

SB161, by Sen. Jeremy Hutchinson, R-Little Rock, would give those under the age of 21 immunity from prosecution for alcohol possession when they summon emergency help for someone who is drunk.

Hutchinson painted the picture of a "rash of frat parties" where someone drinks too much, and instead of calling paramedics to help that person, a party will disperse out of fear of getting in trouble.

"We're trying to encourage a responsible response to their irresponsible acts," Hutchinson said.

The committee also passed a bill that would strike a requirement that prosecutors not reduce or plea down a charge for driving while intoxicated.

The sponsor of HB1282, Rep. Marshall Wright, D-Forrest City, said that although well-intended, the current law's mandate that DWI charges be prosecuted fully results in too many dismissed cases.

Any number of factors, ranging from a botched or missing blood test to a witness who couldn't attend trial, can result in innocent verdicts or having the cases tossed altogether.

Wright said that prosecutors need more discretion to take weaker DWI cases and at least require that an offender seek treatment, education or community service instead of walking out of the courtroom "almost emboldened" by what he did.

"Every law on the books can be negotiated down and reduced for a million different reasons," Wright said. "I'm tired of seeing bad cases tried and there is no education [for the offender]. ... [Arkansas prosecutors] are excellent. Why do we tie their hands like this? I don't think it makes sense."

Wright said that state prosecutors are split on the legislation but suggested discretion is better than an "all or nothing" approach to prosecution.

The bill, which passed with no opposition, will go to the whole House for consideration.

Metro on 03/04/2015

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