Committee removes solicitation clause from loitering law after AG warning; bill passes 5‑2

The Senate Judiciary Committee voted 5‑2 to advance Senate Bill 271, a one‑page revision to the state loitering statute that strikes language criminalizing loitering for the purpose of asking for charity or a gift.

Senator Johnson, sponsor of SB 271, told the committee the change is narrowly intended to address public‑safety concerns where people loiter in places that create traffic hazards and to remove a content‑based restriction the courts have found unconstitutional. "When you do that, you've triggered the First Amendment... We're simply trying to create a situation of public safety," Johnson said.

Adam Jackson of the Attorney General's office told the committee that the portion of the statute criminalizing people "for the purpose of asking for anything as charity or a gift" has been found by the Eighth Circuit to be a content‑based restriction in a 2019 decision, Rogers v. Bryant. Jackson said striking that clause is intended to bring the statute into alignment with the court’s decision.

Several senators raised concerns that removing only the solicitation clause could unintentionally broaden the statute and potentially allow enforcement against expressive activity (for example, citizens holding political signs) if law enforcement or courts applied the remaining language too broadly. Senator Clark and others asked whether striking the entire subsection 3 would be a safer cleanup so that the law would continue to target harassing or dangerous conduct without reintroducing ambiguity.

Senator Johnson said his intent was to improve safety at places where people step into traffic; he described an incident at the Rodney Parham Road off‑ramp as the motivating example. After debate and AG advice, the committee took a roll call vote. The clerk recorded: Senator Clark — yes; Senator McKee — yes; Senator Gilmore — yes; Senator Tucker — no; Senator Rice — yes; Senator Hester — yes; Senator Flowers — no. SB 271 passed by a 5‑2 vote and will move forward for further consideration.