www.arkleg.state.ar.us
BY ARKLEG STATE
Stricken language would be deleted from and underlined language would be added to present law.
State of Arkansas As Engrossed: S1/19/23 S1/30/23 S3/15/23 S3/16/23
294th General Assembly A Bill
Regular Session, 2023 SENATE BILL 8
By: Senator B. King
For An Act To Be Entitled
AN ACT TO CREATE THE CRIMINAL OFFENSE OF VACCINE
HARM; AND FOR OTHER PURPOSES.
Subtitle
TO CREATE THE CRIMINAL OFFENSE OF VACCINE HARM.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
SECTION 1. Arkansas Code Title 5, Chapter 63, Subchapter 2, is amended to add an additional section to read as follows:
5-63-206. Vaccine harm. (a) As used in this section:
(1) “Executive officer” means a president, chair of an executive committee, chief financial officer, or other individual with managerial authority who performs similar functions to a president, chair of an executive committee, or chief financial officer; (2)
(A) “Pharmaceutical company” means a business that is licensed with the United States Food and Drug Administration to commercially research, develop, market, manufacture, and distribute prescription drugs.
(B) “Pharmaceutical company” does not include a licensed, registered, or otherwise permitted healthcare provider or healthcare facility, such as a pharmacy, hospital, or pharmacist; and
(3) “Vaccination” means the introduction of a vaccine into the body.
(b) A person commits vaccine harm if:
(1) The person is an executive officer for a pharmaceutical company and is eighteen (18) years of age or older; (2) The person introduces a vaccine produced by the pharmaceutical company into the market; (3) The person knowingly hides, conceals, omits, or otherwise withholds evidence, documentation, or information that the vaccine has dangerous effects; (4) Another person receives the vaccine in this state through a vaccination containing the vaccine; and (5) The vaccination causes the death of or serious physical injury to the other person. (c) Vaccine harm is an unclassified felony with a sentence of imprisonment of not less than one (1) year and not more than life.
SECTION 2. Arkansas Code Title 19, Chapter 5, Subchapter 12, is amended to add an additional section to read as follows:
19-5-1277. Vaccine Harm Offense Fund.
(a) There is created on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State a trust fund to be known as the “Vaccine Harm Offense Fund”. (b) The fund shall consist of:
(1) Federal funds received through a grant;
(2) Appropriations from the General Assembly; and
(3) Other revenues and funds authorized by law. (c) The Attorney General shall use the fund to provide funding and support for the prosecution of the offense of vaccine harm under § 5-63-206.
