Ark. Code Ann. § 16-100-205 — AR Code / Title 16 / Chapter 100 / Subchapter 2 / Section 16-100-205
Eligible persons - Waiver of certain rights
Status: in_force

(a) A person is eligible for participation in a mental health specialty court program if: (1) The person has a mental illness; (2) The person is charged with a criminal offense other than a criminal offense listed in subsection (b) of this section; (3) The person waives his or her rights to a speedy trial and other rights as determined by the mental health specialty court and executes a consent for a limited release of confidential information regarding mental health treatment permitting the mental health specialty court, the prosecuting attorney, and the defense attorney access to information relating to attendance, attitude, participation, results of drug screens if ordered, and all pertinent medical records; and (4) (A) The person is eighteen (18) years of age or older. (B) Subdivision (a)(4)(A) of this section may be waived with the consent of the prosecuting attorney. (b) A person charged with one (1) or more of the following offenses is ineligible to participate in a mental health specialty court program: (1) A serious felony involving violence as defined in § 5-4-501(c)(2) ; (2) A felony offense that would require the person to register as a sex offender; or (3) An offense specifically excluded by the rules of a specific mental health specialty court program. (c) This subchapter does not require a mental health specialty court to consider or accept every person with a treatable mental health condition, regardless of the fact that the criminal offense for which the person is charged is eligible for consideration in the mental health specialty court program. (d) A person who is denied entry into a mental health specialty court program is subject to prosecution for the criminal offense with which he or she was charged as provided by law. (e) A mental health specialty court may require the circuit court clerk or probate clerk to submit to the Arkansas Crime Information Center a copy of an order transferring a person to the mental health specialty court. Added by Act 2017, No. 506,§ 1, eff. 8/1/2017.

(a) A person is eligible for participation in a mental health specialty court program if: (1) The person has a mental illness; (2) The person is charged with a criminal offense other than a criminal offense listed in subsection (b) of this section; (3) The person waives his or her rights to a speedy trial and other rights as determined by the mental health specialty court and executes a consent for a limited release of confidential information regarding mental health treatment permitting the mental health specialty court, the prosecuting attorney, and the defense attorney access to information relating to attendance, attitude, participation, results of drug screens if ordered, and all pertinent medical records; and (4) (A) The person is eighteen (18) years of age or older. (B) Subdivision (a)(4)(A) of this section may be waived with the consent of the prosecuting attorney.

(1) The person has a mental illness;

(2) The person is charged with a criminal offense other than a criminal offense listed in subsection (b) of this section;

(3) The person waives his or her rights to a speedy trial and other rights as determined by the mental health specialty court and executes a consent for a limited release of confidential information regarding mental health treatment permitting the mental health specialty court, the prosecuting attorney, and the defense attorney access to information relating to attendance, attitude, participation, results of drug screens if ordered, and all pertinent medical records; and

(4) (A) The person is eighteen (18) years of age or older. (B) Subdivision (a)(4)(A) of this section may be waived with the consent of the prosecuting attorney.

(A) The person is eighteen (18) years of age or older.

(B) Subdivision (a)(4)(A) of this section may be waived with the consent of the prosecuting attorney.

(b) A person charged with one (1) or more of the following offenses is ineligible to participate in a mental health specialty court program: (1) A serious felony involving violence as defined in § 5-4-501(c)(2) ; (2) A felony offense that would require the person to register as a sex offender; or (3) An offense specifically excluded by the rules of a specific mental health specialty court program.

(1) A serious felony involving violence as defined in § 5-4-501(c)(2) ;

(2) A felony offense that would require the person to register as a sex offender; or

(3) An offense specifically excluded by the rules of a specific mental health specialty court program.

(c) This subchapter does not require a mental health specialty court to consider or accept every person with a treatable mental health condition, regardless of the fact that the criminal offense for which the person is charged is eligible for consideration in the mental health specialty court program.

(d) A person who is denied entry into a mental health specialty court program is subject to prosecution for the criminal offense with which he or she was charged as provided by law.

(e) A mental health specialty court may require the circuit court clerk or probate clerk to submit to the Arkansas Crime Information Center a copy of an order transferring a person to the mental health specialty court.

Added by Act 2017, No. 506,§ 1, eff. 8/1/2017.
Ark. Code Ann. § 16-19-409 — AR Code / Title 16 / Chapter 19 / Subchapter 4 / Section 16-19-409
[Repealed]
Status: repealed

Repealed by Act 2021, No. 475,§ 15, eff. 7/28/2021. Acts 1989 (3rd Ex. Sess.), No. 55, § 1.

Repealed by Act 2021, No. 475,§ 15, eff. 7/28/2021.

Acts 1989 (3rd Ex. Sess.), No. 55, § 1.
Ark. Code Ann. § 16-46-108 — AR Code / Title 16 / Chapter 46 / Subchapter 1 / Section 16-46-108
Photographically reproduced records admissible in court
Status: in_force

(a) (1) Any record or set of records or photographically reproduced copies of such records which would be admissible under Rule 803(6) or (7) of the Arkansas Rules of Evidence shall be admissible in evidence in any court in this state upon the affidavit of the person who would otherwise provide the prerequisites of Rule 803(6) or (7) that such records attached to such affidavit were in fact so kept as required by Rule 803(6) or (7), provided, further, that such record or records, along with such affidavit, are filed with the clerk of the court for inclusion with the papers in the cause in which the record or records are sought to be used as evidence at least fourteen (14) days prior to the day upon which the trial of said cause commences, and provided the other parties to said cause are given prompt notice by the party filing same of the filing of such record or records and affidavit, which notice shall identify the name and employer, if any, of the person making the affidavit, and such records shall be made available to the counsel for other parties to the action or litigation for inspection and copying. (2) The expense for copying shall be borne by the party, parties, or persons who desire copies and not by the party or parties who file the records and serve notice of said filing in compliance with this rule. (3) Notice shall be deemed to have been promptly given if it is served in the manner contemplated by Rule 27(a)(2) of the Arkansas Rules of Civil Procedure fourteen (14) days prior to commencement of the trial in said cause. (b) A form for the affidavit of such person as shall make such affidavit as is permitted in subsection (a) of this section shall be sufficient if it follows this form, though this form shall not be exclusive, and an affidavit which substantially complies with the provisions of this rule shall suffice, to wit: Click here to view form. Acts 1995, No. 1136, § 1.

(a) (1) Any record or set of records or photographically reproduced copies of such records which would be admissible under Rule 803(6) or (7) of the Arkansas Rules of Evidence shall be admissible in evidence in any court in this state upon the affidavit of the person who would otherwise provide the prerequisites of Rule 803(6) or (7) that such records attached to such affidavit were in fact so kept as required by Rule 803(6) or (7), provided, further, that such record or records, along with such affidavit, are filed with the clerk of the court for inclusion with the papers in the cause in which the record or records are sought to be used as evidence at least fourteen (14) days prior to the day upon which the trial of said cause commences, and provided the other parties to said cause are given prompt notice by the party filing same of the filing of such record or records and affidavit, which notice shall identify the name and employer, if any, of the person making the affidavit, and such records shall be made available to the counsel for other parties to the action or litigation for inspection and copying. (2) The expense for copying shall be borne by the party, parties, or persons who desire copies and not by the party or parties who file the records and serve notice of said filing in compliance with this rule. (3) Notice shall be deemed to have been promptly given if it is served in the manner contemplated by Rule 27(a)(2) of the Arkansas Rules of Civil Procedure fourteen (14) days prior to commencement of the trial in said cause.

(1) Any record or set of records or photographically reproduced copies of such records which would be admissible under Rule 803(6) or (7) of the Arkansas Rules of Evidence shall be admissible in evidence in any court in this state upon the affidavit of the person who would otherwise provide the prerequisites of Rule 803(6) or (7) that such records attached to such affidavit were in fact so kept as required by Rule 803(6) or (7), provided, further, that such record or records, along with such affidavit, are filed with the clerk of the court for inclusion with the papers in the cause in which the record or records are sought to be used as evidence at least fourteen (14) days prior to the day upon which the trial of said cause commences, and provided the other parties to said cause are given prompt notice by the party filing same of the filing of such record or records and affidavit, which notice shall identify the name and employer, if any, of the person making the affidavit, and such records shall be made available to the counsel for other parties to the action or litigation for inspection and copying.

(2) The expense for copying shall be borne by the party, parties, or persons who desire copies and not by the party or parties who file the records and serve notice of said filing in compliance with this rule.

(3) Notice shall be deemed to have been promptly given if it is served in the manner contemplated by Rule 27(a)(2) of the Arkansas Rules of Civil Procedure fourteen (14) days prior to commencement of the trial in said cause.

(b) A form for the affidavit of such person as shall make such affidavit as is permitted in subsection (a) of this section shall be sufficient if it follows this form, though this form shall not be exclusive, and an affidavit which substantially complies with the provisions of this rule shall suffice, to wit: Click here to view form.

Click here to view form.

Acts 1995, No. 1136, § 1.

46_108_1 - Attachment
Ark. Code Ann. § 16-110-402 — AR Code / Title 16 / Chapter 110 / Subchapter 4 / Section 16-110-402
Procedure in issuing writs of garnishment
Status: in_force

(a) (1) Upon application for a writ of garnishment by any qualified judgment creditor, the clerk of the court shall attach to the writ of garnishment the following "Notice to Defendant": "NOTICE TO DEFENDANT OF YOUR RIGHT TO KEEP WAGES, MONEY, AND OTHER PROPERTY FROM BEING GARNISHED The Writ of Garnishment or Writ of Execution delivered to you with this Notice means that wages, money, or other property belonging to you has been garnished in order to pay a court judgment against you. HOWEVER, YOU MAY BE ABLE TO KEEP YOUR MONEY OR PROPERTY FROM BEING TAKEN, SO READ THIS NOTICE CAREFULLY. State and federal laws say that certain money and property may not be taken to pay certain types of court judgments. Such money or property is said to be 'exempt' from garnishment. For example under the Arkansas Constitution and state law, you will be able to claim as exempt all or part of your wages or other personal property. As another example, under federal law the following are also exempt from garnishment: Social Security, SSI, Veteran's benefits, Temporary Assistance for Needy Families, unemployment compensation, and workers' compensation. You have a right to ask for a court hearing to claim these or other exemptions. If you need legal assistance to help you try to save your wages or property from being garnished, you should see a lawyer. If you can't afford a private lawyer, contact your local bar association or ask the clerk's office about any legal services program in your area." (2) As an alternative, the "Notice to Defendant" may be incorporated as a part of the writ of garnishment. (b) (1) (A) A writ of garnishment together with the "Notice to Defendant" shall be directed, served, and returned in the same manner as a writ of summons. (B) In addition, the judgment creditor or the judgment creditor's attorney shall mail a copy of the writ of garnishment and the "Notice to Defendant" to the judgment debtor and the judgment debtor's attorney, if any, within five (5) days from the date the writ of garnishment is served on the garnishee. (2) (A) The judgment creditor or the judgment creditor's attorney shall mail the writ of garnishment and the "Notice to Defendant" by first-class mail to the last known residential address of the judgment debtor. (B) However, if the letter is returned "undeliverable" by the post office or if the last known residential address of the judgment debtor is not discoverable after diligent search, then the writ of garnishment and the "Notice to Defendant" shall be sent by first-class mail to the judgment debtor at his or her place of employment, if known. (c) (1) The judgment creditor or the judgment creditor's attorney is not required to mail another "Notice to Defendant" to the judgment debtor for future garnishments on the same debt within twelve (12) months of the original garnishment. (2) If further garnishments are filed after the original garnishment, then the "Notice to Defendant" is required to be mailed by the judgment creditor or the judgment creditor's attorney annually. (d) (1) Upon return of the clerk's writ of garnishment for filing with the court, the judgment creditor or judgment creditor's attorney shall include a "Notice to Defendant" certificate of service statement, including the name and last known address for the judgment debtor and the date the "Notice to Defendant" was sent to the judgment debtor. (2) The certificate of service statement shall be signed by the judgment creditor or judgment creditor's attorney. (e) (1) (A) The judgment debtor may claim exemptions according to law after service of the writ of garnishment on the garnishee by filing an exemption claim with the clerk. (B) Within five (5) days after an exemption claim is filed with the clerk, the judgment debtor or the judgment debtor's attorney shall notify the judgment creditor or the judgment creditor's attorney by fax transmission and concurrent mailing of the judgment debtor's exemption claim. (2) A hearing shall not be required and a writ of supersedeas shall issue unless the judgment creditor files within ten (10) days from the date the judgment debtor or judgment debtor's attorney files an exemption claim a statement in writing that the judgment debtor's claim of exemption is contested. Amended by Act 2015, No. 932,§ 1, eff. 7/22/2015. Acts 1889, No. 115, § 2, p. 168; C. & M. Dig., § 4909; Pope's Dig., § 6122; A.S.A. 1947, § 31-504; Acts 1987, No. 523, § 1.

(a) (1) Upon application for a writ of garnishment by any qualified judgment creditor, the clerk of the court shall attach to the writ of garnishment the following "Notice to Defendant": "NOTICE TO DEFENDANT OF YOUR RIGHT TO KEEP WAGES, MONEY, AND OTHER PROPERTY FROM BEING GARNISHED The Writ of Garnishment or Writ of Execution delivered to you with this Notice means that wages, money, or other property belonging to you has been garnished in order to pay a court judgment against you. HOWEVER, YOU MAY BE ABLE TO KEEP YOUR MONEY OR PROPERTY FROM BEING TAKEN, SO READ THIS NOTICE CAREFULLY. State and federal laws say that certain money and property may not be taken to pay certain types of court judgments. Such money or property is said to be 'exempt' from garnishment. For example under the Arkansas Constitution and state law, you will be able to claim as exempt all or part of your wages or other personal property. As another example, under federal law the following are also exempt from garnishment: Social Security, SSI, Veteran's benefits, Temporary Assistance for Needy Families, unemployment compensation, and workers' compensation. You have a right to ask for a court hearing to claim these or other exemptions. If you need legal assistance to help you try to save your wages or property from being garnished, you should see a lawyer. If you can't afford a private lawyer, contact your local bar association or ask the clerk's office about any legal services program in your area." (2) As an alternative, the "Notice to Defendant" may be incorporated as a part of the writ of garnishment.

(1) Upon application for a writ of garnishment by any qualified judgment creditor, the clerk of the court shall attach to the writ of garnishment the following "Notice to Defendant": "NOTICE TO DEFENDANT OF YOUR RIGHT TO KEEP WAGES, MONEY, AND OTHER PROPERTY FROM BEING GARNISHED The Writ of Garnishment or Writ of Execution delivered to you with this Notice means that wages, money, or other property belonging to you has been garnished in order to pay a court judgment against you. HOWEVER, YOU MAY BE ABLE TO KEEP YOUR MONEY OR PROPERTY FROM BEING TAKEN, SO READ THIS NOTICE CAREFULLY. State and federal laws say that certain money and property may not be taken to pay certain types of court judgments. Such money or property is said to be 'exempt' from garnishment. For example under the Arkansas Constitution and state law, you will be able to claim as exempt all or part of your wages or other personal property. As another example, under federal law the following are also exempt from garnishment: Social Security, SSI, Veteran's benefits, Temporary Assistance for Needy Families, unemployment compensation, and workers' compensation. You have a right to ask for a court hearing to claim these or other exemptions. If you need legal assistance to help you try to save your wages or property from being garnished, you should see a lawyer. If you can't afford a private lawyer, contact your local bar association or ask the clerk's office about any legal services program in your area."

"NOTICE TO DEFENDANT OF YOUR RIGHT TO KEEP WAGES, MONEY, AND OTHER PROPERTY FROM BEING GARNISHED

The Writ of Garnishment or Writ of Execution delivered to you with this Notice means that wages, money, or other property belonging to you has been garnished in order to pay a court judgment against you. HOWEVER, YOU MAY BE ABLE TO KEEP YOUR MONEY OR PROPERTY FROM BEING TAKEN, SO READ THIS NOTICE CAREFULLY.

State and federal laws say that certain money and property may not be taken to pay certain types of court judgments. Such money or property is said to be 'exempt' from garnishment.

For example under the Arkansas Constitution and state law, you will be able to claim as exempt all or part of your wages or other personal property.

As another example, under federal law the following are also exempt from garnishment:

Social Security, SSI, Veteran's benefits, Temporary Assistance for Needy Families, unemployment compensation, and workers' compensation.

You have a right to ask for a court hearing to claim these or other exemptions. If you need legal assistance to help you try to save your wages or property from being garnished, you should see a lawyer. If you can't afford a private lawyer, contact your local bar association or ask the clerk's office about any legal services program in your area."

(2) As an alternative, the "Notice to Defendant" may be incorporated as a part of the writ of garnishment.

(b) (1) (A) A writ of garnishment together with the "Notice to Defendant" shall be directed, served, and returned in the same manner as a writ of summons. (B) In addition, the judgment creditor or the judgment creditor's attorney shall mail a copy of the writ of garnishment and the "Notice to Defendant" to the judgment debtor and the judgment debtor's attorney, if any, within five (5) days from the date the writ of garnishment is served on the garnishee. (2) (A) The judgment creditor or the judgment creditor's attorney shall mail the writ of garnishment and the "Notice to Defendant" by first-class mail to the last known residential address of the judgment debtor. (B) However, if the letter is returned "undeliverable" by the post office or if the last known residential address of the judgment debtor is not discoverable after diligent search, then the writ of garnishment and the "Notice to Defendant" shall be sent by first-class mail to the judgment debtor at his or her place of employment, if known.

(1) (A) A writ of garnishment together with the "Notice to Defendant" shall be directed, served, and returned in the same manner as a writ of summons. (B) In addition, the judgment creditor or the judgment creditor's attorney shall mail a copy of the writ of garnishment and the "Notice to Defendant" to the judgment debtor and the judgment debtor's attorney, if any, within five (5) days from the date the writ of garnishment is served on the garnishee.

(A) A writ of garnishment together with the "Notice to Defendant" shall be directed, served, and returned in the same manner as a writ of summons.

(B) In addition, the judgment creditor or the judgment creditor's attorney shall mail a copy of the writ of garnishment and the "Notice to Defendant" to the judgment debtor and the judgment debtor's attorney, if any, within five (5) days from the date the writ of garnishment is served on the garnishee.

(2) (A) The judgment creditor or the judgment creditor's attorney shall mail the writ of garnishment and the "Notice to Defendant" by first-class mail to the last known residential address of the judgment debtor. (B) However, if the letter is returned "undeliverable" by the post office or if the last known residential address of the judgment debtor is not discoverable after diligent search, then the writ of garnishment and the "Notice to Defendant" shall be sent by first-class mail to the judgment debtor at his or her place of employment, if known.

(A) The judgment creditor or the judgment creditor's attorney shall mail the writ of garnishment and the "Notice to Defendant" by first-class mail to the last known residential address of the judgment debtor.

(B) However, if the letter is returned "undeliverable" by the post office or if the last known residential address of the judgment debtor is not discoverable after diligent search, then the writ of garnishment and the "Notice to Defendant" shall be sent by first-class mail to the judgment debtor at his or her place of employment, if known.

(c) (1) The judgment creditor or the judgment creditor's attorney is not required to mail another "Notice to Defendant" to the judgment debtor for future garnishments on the same debt within twelve (12) months of the original garnishment. (2) If further garnishments are filed after the original garnishment, then the "Notice to Defendant" is required to be mailed by the judgment creditor or the judgment creditor's attorney annually.

(1) The judgment creditor or the judgment creditor's attorney is not required to mail another "Notice to Defendant" to the judgment debtor for future garnishments on the same debt within twelve (12) months of the original garnishment.

(2) If further garnishments are filed after the original garnishment, then the "Notice to Defendant" is required to be mailed by the judgment creditor or the judgment creditor's attorney annually.

(d) (1) Upon return of the clerk's writ of garnishment for filing with the court, the judgment creditor or judgment creditor's attorney shall include a "Notice to Defendant" certificate of service statement, including the name and last known address for the judgment debtor and the date the "Notice to Defendant" was sent to the judgment debtor. (2) The certificate of service statement shall be signed by the judgment creditor or judgment creditor's attorney.

(1) Upon return of the clerk's writ of garnishment for filing with the court, the judgment creditor or judgment creditor's attorney shall include a "Notice to Defendant" certificate of service statement, including the name and last known address for the judgment debtor and the date the "Notice to Defendant" was sent to the judgment debtor.

(2) The certificate of service statement shall be signed by the judgment creditor or judgment creditor's attorney.

(e) (1) (A) The judgment debtor may claim exemptions according to law after service of the writ of garnishment on the garnishee by filing an exemption claim with the clerk. (B) Within five (5) days after an exemption claim is filed with the clerk, the judgment debtor or the judgment debtor's attorney shall notify the judgment creditor or the judgment creditor's attorney by fax transmission and concurrent mailing of the judgment debtor's exemption claim. (2) A hearing shall not be required and a writ of supersedeas shall issue unless the judgment creditor files within ten (10) days from the date the judgment debtor or judgment debtor's attorney files an exemption claim a statement in writing that the judgment debtor's claim of exemption is contested.

(1) (A) The judgment debtor may claim exemptions according to law after service of the writ of garnishment on the garnishee by filing an exemption claim with the clerk. (B) Within five (5) days after an exemption claim is filed with the clerk, the judgment debtor or the judgment debtor's attorney shall notify the judgment creditor or the judgment creditor's attorney by fax transmission and concurrent mailing of the judgment debtor's exemption claim.

(A) The judgment debtor may claim exemptions according to law after service of the writ of garnishment on the garnishee by filing an exemption claim with the clerk.

(B) Within five (5) days after an exemption claim is filed with the clerk, the judgment debtor or the judgment debtor's attorney shall notify the judgment creditor or the judgment creditor's attorney by fax transmission and concurrent mailing of the judgment debtor's exemption claim.

(2) A hearing shall not be required and a writ of supersedeas shall issue unless the judgment creditor files within ten (10) days from the date the judgment debtor or judgment debtor's attorney files an exemption claim a statement in writing that the judgment debtor's claim of exemption is contested.

Amended by Act 2015, No. 932,§ 1, eff. 7/22/2015.

Acts 1889, No. 115, § 2, p. 168; C. & M. Dig., § 4909; Pope's Dig., § 6122; A.S.A. 1947, § 31-504; Acts 1987, No. 523, § 1.
Ark. Code Ann. § 16-88-113 — AR Code / Title 16 / Chapter 88 / Subchapter 1 / Section 16-88-113
Jurisdiction of counties - Stolen property
Status: in_force

(a) When any person is liable to be prosecuted as the receiver of any personal property that may have been feloniously stolen, taken, or embezzled, he or she may be indicted, tried, and convicted in any county where he or she received or had the property, notwithstanding that the larceny may have been committed in another county. (b) When property stolen in one county and brought into another has been taken by burglary or robbery, the offender may be indicted, tried, and convicted for the burglary or robbery in the county into which the stolen property was taken, in the same manner as if the burglary or robbery had been committed in that county. (c) (1) Every person who steals or obtains by robbery the property of another in any other state or country, whether or not the state or country is within the jurisdictional limits of the United States, and who brings the property within this state, may be indicted, tried, and punished for larceny in the same manner as if the property had been feloniously stolen or taken within this state. In any case, the larceny may be charged to have been committed in any country into or through which the stolen property may have been taken. (2) Every person prosecuted under the provisions of this section may plead a former conviction or acquittal for the same offense in another state or country. If the plea is admitted or established, it shall be a bar to any other or further proceedings against the person for the same matter. Rev. Stat., ch. 45, §§ 91, 99, 255, 256; C. & M. Dig., §§ 2870, 2871, 2880-2882; Pope's Dig., §§ 3686, 3687, 3696-3698; A.S.A. 1947, §§ 43-1420 -- 43-1423.

(a) When any person is liable to be prosecuted as the receiver of any personal property that may have been feloniously stolen, taken, or embezzled, he or she may be indicted, tried, and convicted in any county where he or she received or had the property, notwithstanding that the larceny may have been committed in another county.

(b) When property stolen in one county and brought into another has been taken by burglary or robbery, the offender may be indicted, tried, and convicted for the burglary or robbery in the county into which the stolen property was taken, in the same manner as if the burglary or robbery had been committed in that county.

(c) (1) Every person who steals or obtains by robbery the property of another in any other state or country, whether or not the state or country is within the jurisdictional limits of the United States, and who brings the property within this state, may be indicted, tried, and punished for larceny in the same manner as if the property had been feloniously stolen or taken within this state. In any case, the larceny may be charged to have been committed in any country into or through which the stolen property may have been taken. (2) Every person prosecuted under the provisions of this section may plead a former conviction or acquittal for the same offense in another state or country. If the plea is admitted or established, it shall be a bar to any other or further proceedings against the person for the same matter.

(1) Every person who steals or obtains by robbery the property of another in any other state or country, whether or not the state or country is within the jurisdictional limits of the United States, and who brings the property within this state, may be indicted, tried, and punished for larceny in the same manner as if the property had been feloniously stolen or taken within this state. In any case, the larceny may be charged to have been committed in any country into or through which the stolen property may have been taken.

(2) Every person prosecuted under the provisions of this section may plead a former conviction or acquittal for the same offense in another state or country. If the plea is admitted or established, it shall be a bar to any other or further proceedings against the person for the same matter.

Rev. Stat., ch. 45, §§ 91, 99, 255, 256; C. & M. Dig., §§ 2870, 2871, 2880-2882; Pope's Dig., §§ 3686, 3687, 3696-3698; A.S.A. 1947, §§ 43-1420 -- 43-1423.
Ark. Code Ann. § 16-43-212 — AR Code / Title 16 / Chapter 43 / Subchapter 2 / Section 16-43-212
Criminal proceedings - Issuance of subpoenas pursuant to investigations
Status: in_force

(a) The prosecuting attorneys and their deputies may issue subpoenas in all criminal matters they are investigating and may administer oaths for the purpose of taking the testimony of witnesses subpoenaed before them. Such oath when administered by the prosecuting attorney or his or her deputy shall have the same effect as if administered by the foreman of the grand jury. The subpoena shall be substantially in the following form: Click here to view form. (b) The subpoena provided for in subsection (a) of this section shall be served in the manner as provided by law and shall be returned and a record made and kept as provided by law for grand jury subpoenas. The fees and mileage of officers serving the subpoenas and of witnesses in appearances in answer to the subpoenas shall be the same and shall be paid in the same manner as provided by law for grand jury witnesses. (c) The failure of any officer to serve the subpoena or of a witness to appear on the returned date shall constitute a Class B misdemeanor. Acts 1937, No. 160, §§ 1-3; Pope's Dig., §§ 3793-3795; A.S.A. 1947, §§ 43-801 -- 43-803; Acts 2005, No. 1994, § 395.

(a) The prosecuting attorneys and their deputies may issue subpoenas in all criminal matters they are investigating and may administer oaths for the purpose of taking the testimony of witnesses subpoenaed before them. Such oath when administered by the prosecuting attorney or his or her deputy shall have the same effect as if administered by the foreman of the grand jury. The subpoena shall be substantially in the following form: Click here to view form.

Click here to view form.

(b) The subpoena provided for in subsection (a) of this section shall be served in the manner as provided by law and shall be returned and a record made and kept as provided by law for grand jury subpoenas. The fees and mileage of officers serving the subpoenas and of witnesses in appearances in answer to the subpoenas shall be the same and shall be paid in the same manner as provided by law for grand jury witnesses.

(c) The failure of any officer to serve the subpoena or of a witness to appear on the returned date shall constitute a Class B misdemeanor.

Acts 1937, No. 160, §§ 1-3; Pope's Dig., §§ 3793-3795; A.S.A. 1947, §§ 43-801 -- 43-803; Acts 2005, No. 1994, § 395.

43_212_1 - Attachment
Ark. Code Ann. § 16-65-601 — AR Code / Title 16 / Chapter 65 / Subchapter 6 / Section 16-65-601
Entry of disposition of judgment in judgment book
Status: in_force

When satisfaction of a judgment or decree shall be acknowledged or entered by order of court, when satisfaction shall be made by execution, or when the judgment or decree shall be reversed or set aside, the clerk shall enter in the margin of the judgment book, opposite the judgment or decree, a memorandum of the disposition thereof, the date, and the book and page in which the evidence of the disposition is entered on record. Rev. Stat., ch. 84, § 28; C. & M. Dig., § 6280; Pope's Dig., § 8236; A.S.A. 1947, § 29-701.

When satisfaction of a judgment or decree shall be acknowledged or entered by order of court, when satisfaction shall be made by execution, or when the judgment or decree shall be reversed or set aside, the clerk shall enter in the margin of the judgment book, opposite the judgment or decree, a memorandum of the disposition thereof, the date, and the book and page in which the evidence of the disposition is entered on record.

Rev. Stat., ch. 84, § 28; C. & M. Dig., § 6280; Pope's Dig., § 8236; A.S.A. 1947, § 29-701.
Ark. Code Ann. § 16-31-106 — AR Code / Title 16 / Chapter 31 / Section 16-31-106
Penalty for employees' service prohibited
Status: in_force

(a) (1) Any person who is summoned to serve on jury duty shall not be subject to discharge from employment, loss of sick leave, loss of vacation time, or any other form of penalty as a result of his or her absence from employment due to jury duty, upon giving reasonable notice to his or her employer of the summons. (2) No employer shall subject an employee to discharge, loss of sick leave, loss of vacation time, or any other form of penalty on account of his or her absence from employment by reason of jury duty. (b) Any person violating the provisions of this section shall be guilty of a Class A misdemeanor. Acts 1969, No. 568, § 3; 1983, No. 425, § 1; A.S.A. 1947, § 39-103.

(a) (1) Any person who is summoned to serve on jury duty shall not be subject to discharge from employment, loss of sick leave, loss of vacation time, or any other form of penalty as a result of his or her absence from employment due to jury duty, upon giving reasonable notice to his or her employer of the summons. (2) No employer shall subject an employee to discharge, loss of sick leave, loss of vacation time, or any other form of penalty on account of his or her absence from employment by reason of jury duty.

(1) Any person who is summoned to serve on jury duty shall not be subject to discharge from employment, loss of sick leave, loss of vacation time, or any other form of penalty as a result of his or her absence from employment due to jury duty, upon giving reasonable notice to his or her employer of the summons.

(2) No employer shall subject an employee to discharge, loss of sick leave, loss of vacation time, or any other form of penalty on account of his or her absence from employment by reason of jury duty.

(b) Any person violating the provisions of this section shall be guilty of a Class A misdemeanor.

Acts 1969, No. 568, § 3; 1983, No. 425, § 1; A.S.A. 1947, § 39-103.
Ark. Code Ann. § 16-68-602 — AR Code / Title 16 / Chapter 68 / Subchapter 6 / Section 16-68-602
Additional payment
Status: in_force

Nothing in this subchapter shall be construed to prevent an incarcerated person from authorizing payment beyond that required by this subchapter. Acts 1997, No. 340, § 2.

Nothing in this subchapter shall be construed to prevent an incarcerated person from authorizing payment beyond that required by this subchapter.

Acts 1997, No. 340, § 2.
Ark. Code Ann. § 16-13-1906 — AR Code / Title 16 / Chapter 13 / Subchapter 19 / Section 16-13-1906
Case coordinators
Status: in_force

(a) Each of the circuit and chancery judges of the Eleventh Judicial District-West shall be empowered and directed to employ a case coordinator for each division whose duties shall be the maintenance of the court calendar, setting dates for trial of cases and for hearing of motions, and other related and incidental duties as directed by said judges. (b) The case coordinators shall be appointed by the judges of the Eleventh Judicial District-West, one (1) for each court, and shall serve at the will of the respective judge. (c) In lieu of any other expenses incurred by each court provided by law for the Eleventh Judicial District-West, each county of the district shall be responsible each year for the following amounts: (1) Lincoln County ............... Two thousand dollars ($2,000); and (2) Jefferson County ............... All other expenses not otherwise provided for by law. Acts 1989, No. 7, §§ 1, 2, 4.

(a) Each of the circuit and chancery judges of the Eleventh Judicial District-West shall be empowered and directed to employ a case coordinator for each division whose duties shall be the maintenance of the court calendar, setting dates for trial of cases and for hearing of motions, and other related and incidental duties as directed by said judges.

(b) The case coordinators shall be appointed by the judges of the Eleventh Judicial District-West, one (1) for each court, and shall serve at the will of the respective judge.

(c) In lieu of any other expenses incurred by each court provided by law for the Eleventh Judicial District-West, each county of the district shall be responsible each year for the following amounts: (1) Lincoln County ............... Two thousand dollars ($2,000); and (2) Jefferson County ............... All other expenses not otherwise provided for by law.

(1) Lincoln County ............... Two thousand dollars ($2,000); and

(2) Jefferson County ............... All other expenses not otherwise provided for by law.

provided for by law.

Acts 1989, No. 7, §§ 1, 2, 4.
Ark. Code Ann. § 16-93-204 — AR Code / Title 16 / Chapter 93 / Subchapter 2 / Section 16-93-204
Executive clemency
Status: in_force

(a) (1) (A) All applications for pardon, commutation of sentence, reprieve, respite, or remission of fine or forfeiture shall be signed by the applicant under oath. (B) For purposes of § 5-53-102 , the application shall be deemed an official proceeding. (2) An applicant shall obtain and include with his or her application a certified copy of the applicant's sentencing order or comparable document. (3) Applications shall be referred to the Post-Prison Transfer Board for investigation. (b) The board shall thereupon investigate each case and shall submit to the Governor its recommendation, a report of the investigation, and all other information the board may have regarding the applicant. (c) (1) As part of the board's investigation, the Chair of the Post-Prison Transfer Board or his or her designee shall have the power to issue oaths and subpoena witnesses to appear and testify and to bring before the board any relevant books, papers, records, or documents. (2) (A) The subpoena shall be directed to any county sheriff, county coroner, or constable of the county in which the designated witness resides or is found. (B) The endorsed affidavit on the subpoena of any person shall be proof of the service of the subpoena. (C) The subpoena shall be served and returned in the same manner as subpoenas in civil actions in the circuit courts are served and returned. (d) (1) Before the board shall consider an application for a pardon or recommend a commutation of sentence, the board shall solicit the written or oral recommendation of the committing court, the prosecuting attorney, and the county sheriff of the county from which the person was committed. (2) (A) Before considering an application for a pardon or recommending a commutation of sentence of a person who was convicted of capital murder, § 5-10-101 , or a Class Y felony, Class A felony, or Class B felony, the board shall notify the victim of the crime or the victim's next of kin, if he or she files a request for notice with the prosecuting attorney. (B) When the board provides notice under subdivision (d)(2)(A) of this section, the board shall solicit the written or oral recommendations of the victim or the victim's next of kin regarding the granting of a pardon or commutation of sentence. (3) The board shall retain a copy of the recommendations in the board's file. (4) The recommendations shall not be binding upon the board in advising the Governor whether to grant a pardon or commute a sentence but shall be maintained in the inmate's file. (5) (A) If a hearing will be held on the application, the board shall notify the victim or the victim's next of kin of the date, time, and place of the hearing. (B) The notice shall be given when soliciting the recommendations of the victim of the crime or the victim's next of kin. (e) At least thirty (30) days before submitting to the Governor a recommendation that an application for pardon, commutation of sentence, or remission of fine or forfeiture be granted, the board shall: (1) Issue a public notice of its intention to make such a recommendation; and (2) Send notice of its intention to the circuit judge who presided over the applicant's trial, the prosecuting attorney, and the county sheriff of the county in which the applicant was convicted and, if applicable, to the victim or the victim's next of kin if the victim or the victim's next of kin registered for notification with the prosecuting attorney under § 16-21-106(c) . (f) Whether the board recommends that an application for pardon, commutation of sentence, or remission of fine or forfeiture be granted or denied by the Governor, the board shall issue public notice of each recommendation. Amended by Act 2023, No. 659,§ 167, eff. 1/1/2024. Acts 1968 (1st Ex. Sess.), No. 50, § 32; A.S.A. 1947, § 43-2811; Acts 1991, No. 706, § 2; 1993, No. 530, § 5; 1993, No. 547, § 5; 2005, No. 1975, § 3.

(a) (1) (A) All applications for pardon, commutation of sentence, reprieve, respite, or remission of fine or forfeiture shall be signed by the applicant under oath. (B) For purposes of § 5-53-102 , the application shall be deemed an official proceeding. (2) An applicant shall obtain and include with his or her application a certified copy of the applicant's sentencing order or comparable document. (3) Applications shall be referred to the Post-Prison Transfer Board for investigation.

(1) (A) All applications for pardon, commutation of sentence, reprieve, respite, or remission of fine or forfeiture shall be signed by the applicant under oath. (B) For purposes of § 5-53-102 , the application shall be deemed an official proceeding.

(A) All applications for pardon, commutation of sentence, reprieve, respite, or remission of fine or forfeiture shall be signed by the applicant under oath.

(B) For purposes of § 5-53-102 , the application shall be deemed an official proceeding.

(2) An applicant shall obtain and include with his or her application a certified copy of the applicant's sentencing order or comparable document.

(3) Applications shall be referred to the Post-Prison Transfer Board for investigation.

(b) The board shall thereupon investigate each case and shall submit to the Governor its recommendation, a report of the investigation, and all other information the board may have regarding the applicant.

(c) (1) As part of the board's investigation, the Chair of the Post-Prison Transfer Board or his or her designee shall have the power to issue oaths and subpoena witnesses to appear and testify and to bring before the board any relevant books, papers, records, or documents. (2) (A) The subpoena shall be directed to any county sheriff, county coroner, or constable of the county in which the designated witness resides or is found. (B) The endorsed affidavit on the subpoena of any person shall be proof of the service of the subpoena. (C) The subpoena shall be served and returned in the same manner as subpoenas in civil actions in the circuit courts are served and returned.

(1) As part of the board's investigation, the Chair of the Post-Prison Transfer Board or his or her designee shall have the power to issue oaths and subpoena witnesses to appear and testify and to bring before the board any relevant books, papers, records, or documents.

(2) (A) The subpoena shall be directed to any county sheriff, county coroner, or constable of the county in which the designated witness resides or is found. (B) The endorsed affidavit on the subpoena of any person shall be proof of the service of the subpoena. (C) The subpoena shall be served and returned in the same manner as subpoenas in civil actions in the circuit courts are served and returned.

(A) The subpoena shall be directed to any county sheriff, county coroner, or constable of the county in which the designated witness resides or is found.

(B) The endorsed affidavit on the subpoena of any person shall be proof of the service of the subpoena.

(C) The subpoena shall be served and returned in the same manner as subpoenas in civil actions in the circuit courts are served and returned.

(d) (1) Before the board shall consider an application for a pardon or recommend a commutation of sentence, the board shall solicit the written or oral recommendation of the committing court, the prosecuting attorney, and the county sheriff of the county from which the person was committed. (2) (A) Before considering an application for a pardon or recommending a commutation of sentence of a person who was convicted of capital murder, § 5-10-101 , or a Class Y felony, Class A felony, or Class B felony, the board shall notify the victim of the crime or the victim's next of kin, if he or she files a request for notice with the prosecuting attorney. (B) When the board provides notice under subdivision (d)(2)(A) of this section, the board shall solicit the written or oral recommendations of the victim or the victim's next of kin regarding the granting of a pardon or commutation of sentence. (3) The board shall retain a copy of the recommendations in the board's file. (4) The recommendations shall not be binding upon the board in advising the Governor whether to grant a pardon or commute a sentence but shall be maintained in the inmate's file. (5) (A) If a hearing will be held on the application, the board shall notify the victim or the victim's next of kin of the date, time, and place of the hearing. (B) The notice shall be given when soliciting the recommendations of the victim of the crime or the victim's next of kin.

(1) Before the board shall consider an application for a pardon or recommend a commutation of sentence, the board shall solicit the written or oral recommendation of the committing court, the prosecuting attorney, and the county sheriff of the county from which the person was committed.

(2) (A) Before considering an application for a pardon or recommending a commutation of sentence of a person who was convicted of capital murder, § 5-10-101 , or a Class Y felony, Class A felony, or Class B felony, the board shall notify the victim of the crime or the victim's next of kin, if he or she files a request for notice with the prosecuting attorney. (B) When the board provides notice under subdivision (d)(2)(A) of this section, the board shall solicit the written or oral recommendations of the victim or the victim's next of kin regarding the granting of a pardon or commutation of sentence.

(A) Before considering an application for a pardon or recommending a commutation of sentence of a person who was convicted of capital murder, § 5-10-101 , or a Class Y felony, Class A felony, or Class B felony, the board shall notify the victim of the crime or the victim's next of kin, if he or she files a request for notice with the prosecuting attorney.

(B) When the board provides notice under subdivision (d)(2)(A) of this section, the board shall solicit the written or oral recommendations of the victim or the victim's next of kin regarding the granting of a pardon or commutation of sentence.

(3) The board shall retain a copy of the recommendations in the board's file.

(4) The recommendations shall not be binding upon the board in advising the Governor whether to grant a pardon or commute a sentence but shall be maintained in the inmate's file.

(5) (A) If a hearing will be held on the application, the board shall notify the victim or the victim's next of kin of the date, time, and place of the hearing. (B) The notice shall be given when soliciting the recommendations of the victim of the crime or the victim's next of kin.

(A) If a hearing will be held on the application, the board shall notify the victim or the victim's next of kin of the date, time, and place of the hearing.

(B) The notice shall be given when soliciting the recommendations of the victim of the crime or the victim's next of kin.

(e) At least thirty (30) days before submitting to the Governor a recommendation that an application for pardon, commutation of sentence, or remission of fine or forfeiture be granted, the board shall: (1) Issue a public notice of its intention to make such a recommendation; and (2) Send notice of its intention to the circuit judge who presided over the applicant's trial, the prosecuting attorney, and the county sheriff of the county in which the applicant was convicted and, if applicable, to the victim or the victim's next of kin if the victim or the victim's next of kin registered for notification with the prosecuting attorney under § 16-21-106(c) .

(1) Issue a public notice of its intention to make such a recommendation; and

(2) Send notice of its intention to the circuit judge who presided over the applicant's trial, the prosecuting attorney, and the county sheriff of the county in which the applicant was convicted and, if applicable, to the victim or the victim's next of kin if the victim or the victim's next of kin registered for notification with the prosecuting attorney under § 16-21-106(c) .

(f) Whether the board recommends that an application for pardon, commutation of sentence, or remission of fine or forfeiture be granted or denied by the Governor, the board shall issue public notice of each recommendation.

Amended by Act 2023, No. 659,§ 167, eff. 1/1/2024.

Acts 1968 (1st Ex. Sess.), No. 50, § 32; A.S.A. 1947, § 43-2811; Acts 1991, No. 706, § 2; 1993, No. 530, § 5; 1993, No. 547, § 5; 2005, No. 1975, § 3.
Ark. Code Ann. § 16-56-107 — AR Code / Title 16 / Chapter 56 / Subchapter 1 / Section 16-56-107
Enforcement of security interest in livestock
Status: in_force

(a) No action to enforce a security interest in livestock shall be brought against a livestock auction market or selling agent who, in the ordinary course of business, sells the livestock for another person in a public auction, more than eighteen (18) months after the date of the sale. (b) No action to enforce a security interest in livestock against a buyer in the ordinary course of business shall be brought more than eighteen (18) months after the livestock is sold to the buyer. Acts 1985, No. 902, §§ 1, 2; A.S.A. 1947, §§ 37-246, 37-247.

(a) No action to enforce a security interest in livestock shall be brought against a livestock auction market or selling agent who, in the ordinary course of business, sells the livestock for another person in a public auction, more than eighteen (18) months after the date of the sale.

(b) No action to enforce a security interest in livestock against a buyer in the ordinary course of business shall be brought more than eighteen (18) months after the livestock is sold to the buyer.

Acts 1985, No. 902, §§ 1, 2; A.S.A. 1947, §§ 37-246, 37-247.
Ark. Code Ann. § 16-93-711 — AR Code / Title 16 / Chapter 93 / Subchapter 7 / Section 16-93-711
Parole alternatives - Electronic monitoring of parolees - Definition
Status: in_force

(a) As used in this section, "approved electronic monitoring or supervising device" means a device described in § 16-93-708(a) . (b) (1) (A) Subject to the provisions of subdivision (b)(2) of this section, an inmate serving a sentence in the Division of Correction may be released from incarceration if the: (i) Sentence was not the result of a jury or bench verdict; (ii) Inmate has served one hundred twenty (120) days of his or her sentence; (iii) Inmate has an approved parole plan; (iv) Inmate does not have a prior felony conviction for a sex offense or for a felony offense that involved the use or threat of violence or bodily harm; (v) Inmate was sentenced from a cell in the sentencing guidelines with: (a) An incarceration range of thirty-six (36) months or less; or (b) A presumptive sentence of probation; (vi) Conviction is for a Class C or Class D felony; (vii) Conviction is not for a crime of violence, regardless of felony level; (viii) Conviction is not for a sex offense, including failure to register as a sex offender under § 12-12-906 , regardless of felony level; (ix) Conviction is not for manufacturing methamphetamine, § 5-64-423(a) or the former § 5-64-401 ; (x) Conviction is not for possession of drug paraphernalia with the purpose to manufacture methamphetamine, § 5-64-443 , if the conviction is a Class C felony or higher; (xi) Conviction is not for a crime involving the use or threat of violence or bodily harm; (xii) Conviction is not for a crime that resulted in a death; and (xiii) Inmate has not previously failed a drug court program. (B) The Director of the Division of Correction shall make the facts described in subdivision (b)(1)(A) of this section known to the Post-Prison Transfer Board for consideration of electronic monitoring. (2) The Board of Corrections shall promulgate rules that will establish policy and procedures for an electronic monitoring program. (c) (1) An inmate released from incarceration on parole under this section shall be supervised by the Division of Community Correction using electronic monitoring until the inmate's transfer eligibility date or for at least ninety (90) days of full compliance by the inmate, whichever is sooner. (2) (A) The term of electronic monitoring shall not exceed the maximum number of years of imprisonment or supervision to which the inmate could be sentenced. (B) The length of time the defendant participates in an electronic monitoring program and any good-time credit awarded shall be credited against the defendant's sentence. Amended by Act 2023, No. 659,§ 211, eff. 1/1/2024. Amended by Act 2015, No. 895,§ 28, eff. 4/1/2015. Amended by Act 2013, No. 1335,§ 6, eff. 8/16/2013. Acts 2011, No. 570, § 104.

(a) As used in this section, "approved electronic monitoring or supervising device" means a device described in § 16-93-708(a) .

(b) (1) (A) Subject to the provisions of subdivision (b)(2) of this section, an inmate serving a sentence in the Division of Correction may be released from incarceration if the: (i) Sentence was not the result of a jury or bench verdict; (ii) Inmate has served one hundred twenty (120) days of his or her sentence; (iii) Inmate has an approved parole plan; (iv) Inmate does not have a prior felony conviction for a sex offense or for a felony offense that involved the use or threat of violence or bodily harm; (v) Inmate was sentenced from a cell in the sentencing guidelines with: (a) An incarceration range of thirty-six (36) months or less; or (b) A presumptive sentence of probation; (vi) Conviction is for a Class C or Class D felony; (vii) Conviction is not for a crime of violence, regardless of felony level; (viii) Conviction is not for a sex offense, including failure to register as a sex offender under § 12-12-906 , regardless of felony level; (ix) Conviction is not for manufacturing methamphetamine, § 5-64-423(a) or the former § 5-64-401 ; (x) Conviction is not for possession of drug paraphernalia with the purpose to manufacture methamphetamine, § 5-64-443 , if the conviction is a Class C felony or higher; (xi) Conviction is not for a crime involving the use or threat of violence or bodily harm; (xii) Conviction is not for a crime that resulted in a death; and (xiii) Inmate has not previously failed a drug court program. (B) The Director of the Division of Correction shall make the facts described in subdivision (b)(1)(A) of this section known to the Post-Prison Transfer Board for consideration of electronic monitoring. (2) The Board of Corrections shall promulgate rules that will establish policy and procedures for an electronic monitoring program.

(1) (A) Subject to the provisions of subdivision (b)(2) of this section, an inmate serving a sentence in the Division of Correction may be released from incarceration if the: (i) Sentence was not the result of a jury or bench verdict; (ii) Inmate has served one hundred twenty (120) days of his or her sentence; (iii) Inmate has an approved parole plan; (iv) Inmate does not have a prior felony conviction for a sex offense or for a felony offense that involved the use or threat of violence or bodily harm; (v) Inmate was sentenced from a cell in the sentencing guidelines with: (a) An incarceration range of thirty-six (36) months or less; or (b) A presumptive sentence of probation; (vi) Conviction is for a Class C or Class D felony; (vii) Conviction is not for a crime of violence, regardless of felony level; (viii) Conviction is not for a sex offense, including failure to register as a sex offender under § 12-12-906 , regardless of felony level; (ix) Conviction is not for manufacturing methamphetamine, § 5-64-423(a) or the former § 5-64-401 ; (x) Conviction is not for possession of drug paraphernalia with the purpose to manufacture methamphetamine, § 5-64-443 , if the conviction is a Class C felony or higher; (xi) Conviction is not for a crime involving the use or threat of violence or bodily harm; (xii) Conviction is not for a crime that resulted in a death; and (xiii) Inmate has not previously failed a drug court program. (B) The Director of the Division of Correction shall make the facts described in subdivision (b)(1)(A) of this section known to the Post-Prison Transfer Board for consideration of electronic monitoring.

(A) Subject to the provisions of subdivision (b)(2) of this section, an inmate serving a sentence in the Division of Correction may be released from incarceration if the: (i) Sentence was not the result of a jury or bench verdict; (ii) Inmate has served one hundred twenty (120) days of his or her sentence; (iii) Inmate has an approved parole plan; (iv) Inmate does not have a prior felony conviction for a sex offense or for a felony offense that involved the use or threat of violence or bodily harm; (v) Inmate was sentenced from a cell in the sentencing guidelines with: (a) An incarceration range of thirty-six (36) months or less; or (b) A presumptive sentence of probation; (vi) Conviction is for a Class C or Class D felony; (vii) Conviction is not for a crime of violence, regardless of felony level; (viii) Conviction is not for a sex offense, including failure to register as a sex offender under § 12-12-906 , regardless of felony level; (ix) Conviction is not for manufacturing methamphetamine, § 5-64-423(a) or the former § 5-64-401 ; (x) Conviction is not for possession of drug paraphernalia with the purpose to manufacture methamphetamine, § 5-64-443 , if the conviction is a Class C felony or higher; (xi) Conviction is not for a crime involving the use or threat of violence or bodily harm; (xii) Conviction is not for a crime that resulted in a death; and (xiii) Inmate has not previously failed a drug court program.

(i) Sentence was not the result of a jury or bench verdict;

(ii) Inmate has served one hundred twenty (120) days of his or her sentence;

(iii) Inmate has an approved parole plan;

(iv) Inmate does not have a prior felony conviction for a sex offense or for a felony offense that involved the use or threat of violence or bodily harm;

(v) Inmate was sentenced from a cell in the sentencing guidelines with: (a) An incarceration range of thirty-six (36) months or less; or (b) A presumptive sentence of probation;

(a) An incarceration range of thirty-six (36) months or less; or

(b) A presumptive sentence of probation;

(vi) Conviction is for a Class C or Class D felony;

(vii) Conviction is not for a crime of violence, regardless of felony level;

(viii) Conviction is not for a sex offense, including failure to register as a sex offender under § 12-12-906 , regardless of felony level;

(ix) Conviction is not for manufacturing methamphetamine, § 5-64-423(a) or the former § 5-64-401 ;

(x) Conviction is not for possession of drug paraphernalia with the purpose to manufacture methamphetamine, § 5-64-443 , if the conviction is a Class C felony or higher;

(xi) Conviction is not for a crime involving the use or threat of violence or bodily harm;

(xii) Conviction is not for a crime that resulted in a death; and

(xiii) Inmate has not previously failed a drug court program.

(B) The Director of the Division of Correction shall make the facts described in subdivision (b)(1)(A) of this section known to the Post-Prison Transfer Board for consideration of electronic monitoring.

(2) The Board of Corrections shall promulgate rules that will establish policy and procedures for an electronic monitoring program.

(c) (1) An inmate released from incarceration on parole under this section shall be supervised by the Division of Community Correction using electronic monitoring until the inmate's transfer eligibility date or for at least ninety (90) days of full compliance by the inmate, whichever is sooner. (2) (A) The term of electronic monitoring shall not exceed the maximum number of years of imprisonment or supervision to which the inmate could be sentenced. (B) The length of time the defendant participates in an electronic monitoring program and any good-time credit awarded shall be credited against the defendant's sentence.

(1) An inmate released from incarceration on parole under this section shall be supervised by the Division of Community Correction using electronic monitoring until the inmate's transfer eligibility date or for at least ninety (90) days of full compliance by the inmate, whichever is sooner.

(2) (A) The term of electronic monitoring shall not exceed the maximum number of years of imprisonment or supervision to which the inmate could be sentenced. (B) The length of time the defendant participates in an electronic monitoring program and any good-time credit awarded shall be credited against the defendant's sentence.

(A) The term of electronic monitoring shall not exceed the maximum number of years of imprisonment or supervision to which the inmate could be sentenced.

(B) The length of time the defendant participates in an electronic monitoring program and any good-time credit awarded shall be credited against the defendant's sentence.

Amended by Act 2023, No. 659,§ 211, eff. 1/1/2024.

Amended by Act 2015, No. 895,§ 28, eff. 4/1/2015.

Amended by Act 2013, No. 1335,§ 6, eff. 8/16/2013.

Acts 2011, No. 570, § 104.
Ark. Code Ann. § 16-21-138 — AR Code / Title 16 / Chapter 21 / Subchapter 1 / Section 16-21-138
The Sixteenth Judicial District
Status: in_force

The Sixteenth Judicial District shall be a Division A Judicial District. Acts 1993, No. 1306, § 1; 2001, No. 249, § 1.

The Sixteenth Judicial District shall be a Division A Judicial District.

Acts 1993, No. 1306, § 1; 2001, No. 249, § 1.
Ark. Code Ann. § 16-61-103 — AR Code / Title 16 / Chapter 61 / Subchapter 1 / Section 16-61-103
[Repealed]
Status: repealed

Repealed by Act 2013, No. 1148,§ 24, eff. 8/16/2013. Civil Code, §§ 46, 47; C. & M. Dig. §§ 1111, 1112; Pope's Dig., §§ 1327, 1328; A.S.A. 1947, §§ 27-823, 27-824.

Repealed by Act 2013, No. 1148,§ 24, eff. 8/16/2013.

Civil Code, §§ 46, 47; C. & M. Dig. §§ 1111, 1112; Pope's Dig., §§ 1327, 1328; A.S.A. 1947, §§ 27-823, 27-824.
Ark. Code Ann. § 16-13-711 — AR Code / Title 16 / Chapter 13 / Subchapter 7 / Section 16-13-711
Form of orders
Status: in_force

When an order assessing a fine or penalty is entered, information on the order shall include, but is not limited to, the defendant's name, current address, social security number, driver's license number, name and address of employment, amount of fine, and the agreed upon payment terms and conditions. Acts 1995, No. 1262, § 10.

When an order assessing a fine or penalty is entered, information on the order shall include, but is not limited to, the defendant's name, current address, social security number, driver's license number, name and address of employment, amount of fine, and the agreed upon payment terms and conditions.

Acts 1995, No. 1262, § 10.
Ark. Code Ann. § 16-10-903 — AR Code / Title 16 / Chapter 10 / Subchapter 9 / Section 16-10-903
Retirement benefits
Status: in_force

The judge or justice shall not be entitled to a change in membership status or to any increase, decrease, or other modification to his or her retirement benefits as a result of his or her service after retirement. Acts 1999, No. 390, § 3.

The judge or justice shall not be entitled to a change in membership status or to any increase, decrease, or other modification to his or her retirement benefits as a result of his or her service after retirement.

Acts 1999, No. 390, § 3.
Ark. Code Ann. § 16-90-704 — AR Code / Title 16 / Chapter 90 / Subchapter 7 / Section 16-90-704
Penalty
Status: in_force

The filing of a false claim for reparations pursuant to this subchapter shall constitute a Class D felony. Acts 1987, No. 817, § 19.

The filing of a false claim for reparations pursuant to this subchapter shall constitute a Class D felony.

Acts 1987, No. 817, § 19.
Ark. Code Ann. § 16-67-329 — AR Code / Title 16 / Chapter 67 / Subchapter 3 / Section 16-67-329
[Repealed]
Status: repealed

Repealed by Act 2013, No. 1148,§ 55, eff. 8/16/2013. Rev. Stat., ch. 117, § 42; C. & M. Dig., § 2181; Pope's Dig., § 2790; A.S.A. 1947, § 27-2153.

Repealed by Act 2013, No. 1148,§ 55, eff. 8/16/2013.

Rev. Stat., ch. 117, § 42; C. & M. Dig., § 2181; Pope's Dig., § 2790; A.S.A. 1947, § 27-2153.
Ark. Code Ann. § 16-33-202 — AR Code / Title 16 / Chapter 33 / Subchapter 2 / Section 16-33-202
Challenge for cause
Status: in_force

(a) A challenge for cause shall be decided by the court, and, in order to determine the challenge, the particular juror challenged may be sworn, or, at the instance of either party, all of the jurors may be sworn to make true and perfect answers to such questions as may be demanded of them, touching their qualifications as jurors. (b) The court may allow other testimony in regard to the qualifications of any juror. Civil Code, § 346; C. & M. Dig., § 6380; Pope's Dig., § 8342; A.S.A. 1947, § 39-228.

(a) A challenge for cause shall be decided by the court, and, in order to determine the challenge, the particular juror challenged may be sworn, or, at the instance of either party, all of the jurors may be sworn to make true and perfect answers to such questions as may be demanded of them, touching their qualifications as jurors.

(b) The court may allow other testimony in regard to the qualifications of any juror.

Civil Code, § 346; C. & M. Dig., § 6380; Pope's Dig., § 8342; A.S.A. 1947, § 39-228.
Ark. Code Ann. § 16-84-109 — AR Code / Title 16 / Chapter 84 / Subchapter 1 / Section 16-84-109
Irregularity of bail bond or recognizance
Status: in_force

(a) No bail bond or recognizance shall be deemed to be invalid by: (1) Reason of any variance between its stipulations and the provisions of this chapter; (2) The failure of the judge or magistrate or officer to transmit or deliver the bail bond or recognizance at the times provided in this subchapter; or (3) Any other irregularity so that it is made to appear that the defendant was: (A) Legally in custody; (B) (i) Charged with the public offense; and (ii) Discharged from the offense by reason of the giving of the bond or recognizance; and (C) Can be ascertained from the bond or recognizance, that the surety undertook that the defendant should appear before a judge or magistrate for the trial of the offense. (b) (1) If no day is fixed for the appearance, or an impossible day, or a day in vacation, the bond or recognizance, if for his or her appearance before a judge or magistrate, shall be considered as binding the defendant so to appear and surrender himself or herself into custody for an examination of the charge in twenty (20) days from the time of his or her giving the bond or recognizance. (2) The bond or recognizance, if for his or her appearance for trial in court, shall be considered as binding the defendant to appear and surrender himself or herself into custody on the first day of the next term of the court which shall commence more than ten (10) days after the giving of the bond or recognizance. Acts 1989, No. 417, § 5; 2005, No. 1994, § 271.

(a) No bail bond or recognizance shall be deemed to be invalid by: (1) Reason of any variance between its stipulations and the provisions of this chapter; (2) The failure of the judge or magistrate or officer to transmit or deliver the bail bond or recognizance at the times provided in this subchapter; or (3) Any other irregularity so that it is made to appear that the defendant was: (A) Legally in custody; (B) (i) Charged with the public offense; and (ii) Discharged from the offense by reason of the giving of the bond or recognizance; and (C) Can be ascertained from the bond or recognizance, that the surety undertook that the defendant should appear before a judge or magistrate for the trial of the offense.

(1) Reason of any variance between its stipulations and the provisions of this chapter;

(2) The failure of the judge or magistrate or officer to transmit or deliver the bail bond or recognizance at the times provided in this subchapter; or

(3) Any other irregularity so that it is made to appear that the defendant was: (A) Legally in custody; (B) (i) Charged with the public offense; and (ii) Discharged from the offense by reason of the giving of the bond or recognizance; and (C) Can be ascertained from the bond or recognizance, that the surety undertook that the defendant should appear before a judge or magistrate for the trial of the offense.

(A) Legally in custody;

(B) (i) Charged with the public offense; and (ii) Discharged from the offense by reason of the giving of the bond or recognizance; and

(i) Charged with the public offense; and

(ii) Discharged from the offense by reason of the giving of the bond or recognizance; and

(C) Can be ascertained from the bond or recognizance, that the surety undertook that the defendant should appear before a judge or magistrate for the trial of the offense.

(b) (1) If no day is fixed for the appearance, or an impossible day, or a day in vacation, the bond or recognizance, if for his or her appearance before a judge or magistrate, shall be considered as binding the defendant so to appear and surrender himself or herself into custody for an examination of the charge in twenty (20) days from the time of his or her giving the bond or recognizance. (2) The bond or recognizance, if for his or her appearance for trial in court, shall be considered as binding the defendant to appear and surrender himself or herself into custody on the first day of the next term of the court which shall commence more than ten (10) days after the giving of the bond or recognizance.

(1) If no day is fixed for the appearance, or an impossible day, or a day in vacation, the bond or recognizance, if for his or her appearance before a judge or magistrate, shall be considered as binding the defendant so to appear and surrender himself or herself into custody for an examination of the charge in twenty (20) days from the time of his or her giving the bond or recognizance.

(2) The bond or recognizance, if for his or her appearance for trial in court, shall be considered as binding the defendant to appear and surrender himself or herself into custody on the first day of the next term of the court which shall commence more than ten (10) days after the giving of the bond or recognizance.

Acts 1989, No. 417, § 5; 2005, No. 1994, § 271.
Ark. Code Ann. § 16-7-204 — AR Code / Title 16 / Chapter 7 / Subchapter 2 / Section 16-7-204
Counseling by attorneys
Status: in_force

An attorney licensed in this state when practicing in this state is encouraged to advise his or her client about the dispute resolution process options available to him or her and to assist him or her in the selection of the technique or procedure, including litigation, deemed appropriate for dealing with the client's dispute, case, or controversy. Acts 1993, No. 641, § 4.

An attorney licensed in this state when practicing in this state is encouraged to advise his or her client about the dispute resolution process options available to him or her and to assist him or her in the selection of the technique or procedure, including litigation, deemed appropriate for dealing with the client's dispute, case, or controversy.

Acts 1993, No. 641, § 4.
Ark. Code Ann. § 16-112-112 — AR Code / Title 16 / Chapter 112 / Subchapter 1 / Section 16-112-112
Failure to produce person because of sickness or infirmity
Status: in_force

(a) Whenever, from sickness or other infirmity of the person directed to be produced by a writ of habeas corpus, the person cannot, without danger, be brought before the court or judge before whom the writ is returnable, the person in whose custody he or she is may state the fact in his or her return, verifying the fact by his or her oath. The court or judge, if satisfied of the truth of the allegations, if the return is otherwise sufficient, shall proceed thereon to dispose of the matter in the same manner, as if the prisoner were brought before him or her, except as provided in subsection (b) of this section. (b) If, in the case mentioned in subsection (a) of this section, it appears that the prisoner is legally imprisoned or restrained and not bailable, the judge shall proceed no further therein. If the prisoner ought to be held to answer for a bailable offense, an order shall be made accordingly. When it appears the prisoner is entitled to his or her discharge, the judge shall make an order to that effect. Rev. Stat., ch. 73, art. 3, §§ 22, 23; C. & M. Dig., §§ 5113, 5114; Pope's Dig., §§ 6376, 6377; A.S.A. 1947, §§ 34-1724, 34-1725.

(a) Whenever, from sickness or other infirmity of the person directed to be produced by a writ of habeas corpus, the person cannot, without danger, be brought before the court or judge before whom the writ is returnable, the person in whose custody he or she is may state the fact in his or her return, verifying the fact by his or her oath. The court or judge, if satisfied of the truth of the allegations, if the return is otherwise sufficient, shall proceed thereon to dispose of the matter in the same manner, as if the prisoner were brought before him or her, except as provided in subsection (b) of this section.

(b) If, in the case mentioned in subsection (a) of this section, it appears that the prisoner is legally imprisoned or restrained and not bailable, the judge shall proceed no further therein. If the prisoner ought to be held to answer for a bailable offense, an order shall be made accordingly. When it appears the prisoner is entitled to his or her discharge, the judge shall make an order to that effect.

Rev. Stat., ch. 73, art. 3, §§ 22, 23; C. & M. Dig., §§ 5113, 5114; Pope's Dig., §§ 6376, 6377; A.S.A. 1947, §§ 34-1724, 34-1725.
Ark. Code Ann. § 16-120-701 — AR Code / Title 16 / Chapter 120 / Subchapter 7 / Section 16-120-701
Legislative determination
Status: in_force

The General Assembly has determined that nonprofit corporations serve important functions in providing services and assistance to persons in the state and that, in order for these nonprofit corporations to function effectively, persons serving on the board of directors should not be subject to vicarious liability for the negligence of corporate employees or other directors. The General Assembly has further determined that potential exposure to vicarious liability has a detrimental effect on the participation of persons as directors of nonprofit corporations and that providing immunity to directors of those corporations for certain types of liability will be in the best interest of the state and that the same immunity should be extended to members of governing bodies of governmental entities. Acts 1987, No. 970, § 1.

The General Assembly has determined that nonprofit corporations serve important functions in providing services and assistance to persons in the state and that, in order for these nonprofit corporations to function effectively, persons serving on the board of directors should not be subject to vicarious liability for the negligence of corporate employees or other directors. The General Assembly has further determined that potential exposure to vicarious liability has a detrimental effect on the participation of persons as directors of nonprofit corporations and that providing immunity to directors of those corporations for certain types of liability will be in the best interest of the state and that the same immunity should be extended to members of governing bodies of governmental entities.

Acts 1987, No. 970, § 1.
Ark. Code Ann. § 16-13-905 — AR Code / Title 16 / Chapter 13 / Subchapter 9 / Section 16-13-905
[Repealed]
Status: repealed

Repealed by Act 2023, No. 177,§ 8, eff. 8/1/2023. Acts 1999, No. 1522, § 2.

Repealed by Act 2023, No. 177,§ 8, eff. 8/1/2023.

Acts 1999, No. 1522, § 2.
Ark. Code Ann. § 16-86-106 — AR Code / Title 16 / Chapter 86 / Section 16-86-106
Testimony of mental health examiners
Status: in_force

(a) (1) (A) When a defendant has been examined, the qualified psychiatrist or qualified psychologist who prepared the examination report shall be summoned as a witness at the trial at the order of the trial judge or at the request of either party. (B) If summoned, the psychiatrist or psychologist shall be examined by the court and may be examined by either party. A copy of the written report may be made part of the record at trial in every case in which the fact of sanity is an issue at the trial. (2) A witness employed by the state shall be so summoned to appear as to require as little loss of time as possible from his or her other duties. (b) (1) The actual necessary expenses of a witness incurred in attending the trial shall be borne by the state. The claims of the witness for the expenses shall be examined and approved by the trial judge before they may be allowed by the state. (2) A witness employed by the Arkansas State Hospital shall receive no fees for his or her service as a witness. (3) (A) If a witness is employed by a clinic or center on a part-time basis and is summoned to appear in court on a day he or she would normally be on duty, the clinic or center shall be reimbursed by the state at the same rate it pays for the employee's services. (B) If the witness is summoned to appear on a day he or she is not on duty at the clinic or center, he or she shall be paid at the same rate he or she is paid by the clinic or center. Acts 1971, No. 433, ch. 6, § 8; 1983, No. 191, § 2; A.S.A. 1947, § 43-1302; Acts 2001, No. 1551, § 6.

(a) (1) (A) When a defendant has been examined, the qualified psychiatrist or qualified psychologist who prepared the examination report shall be summoned as a witness at the trial at the order of the trial judge or at the request of either party. (B) If summoned, the psychiatrist or psychologist shall be examined by the court and may be examined by either party. A copy of the written report may be made part of the record at trial in every case in which the fact of sanity is an issue at the trial. (2) A witness employed by the state shall be so summoned to appear as to require as little loss of time as possible from his or her other duties.

(1) (A) When a defendant has been examined, the qualified psychiatrist or qualified psychologist who prepared the examination report shall be summoned as a witness at the trial at the order of the trial judge or at the request of either party. (B) If summoned, the psychiatrist or psychologist shall be examined by the court and may be examined by either party. A copy of the written report may be made part of the record at trial in every case in which the fact of sanity is an issue at the trial.

(A) When a defendant has been examined, the qualified psychiatrist or qualified psychologist who prepared the examination report shall be summoned as a witness at the trial at the order of the trial judge or at the request of either party.

(B) If summoned, the psychiatrist or psychologist shall be examined by the court and may be examined by either party. A copy of the written report may be made part of the record at trial in every case in which the fact of sanity is an issue at the trial.

(2) A witness employed by the state shall be so summoned to appear as to require as little loss of time as possible from his or her other duties.

(b) (1) The actual necessary expenses of a witness incurred in attending the trial shall be borne by the state. The claims of the witness for the expenses shall be examined and approved by the trial judge before they may be allowed by the state. (2) A witness employed by the Arkansas State Hospital shall receive no fees for his or her service as a witness. (3) (A) If a witness is employed by a clinic or center on a part-time basis and is summoned to appear in court on a day he or she would normally be on duty, the clinic or center shall be reimbursed by the state at the same rate it pays for the employee's services. (B) If the witness is summoned to appear on a day he or she is not on duty at the clinic or center, he or she shall be paid at the same rate he or she is paid by the clinic or center.

(1) The actual necessary expenses of a witness incurred in attending the trial shall be borne by the state. The claims of the witness for the expenses shall be examined and approved by the trial judge before they may be allowed by the state.

(2) A witness employed by the Arkansas State Hospital shall receive no fees for his or her service as a witness.

(3) (A) If a witness is employed by a clinic or center on a part-time basis and is summoned to appear in court on a day he or she would normally be on duty, the clinic or center shall be reimbursed by the state at the same rate it pays for the employee's services. (B) If the witness is summoned to appear on a day he or she is not on duty at the clinic or center, he or she shall be paid at the same rate he or she is paid by the clinic or center.

(A) If a witness is employed by a clinic or center on a part-time basis and is summoned to appear in court on a day he or she would normally be on duty, the clinic or center shall be reimbursed by the state at the same rate it pays for the employee's services.

(B) If the witness is summoned to appear on a day he or she is not on duty at the clinic or center, he or she shall be paid at the same rate he or she is paid by the clinic or center.

Acts 1971, No. 433, ch. 6, § 8; 1983, No. 191, § 2; A.S.A. 1947, § 43-1302; Acts 2001, No. 1551, § 6.
Ark. Code Ann. § 16-13-2503 — AR Code / Title 16 / Chapter 13 / Subchapter 25 / Section 16-13-2503
Judges and chancellors
Status: in_force

(a) The qualified electors of the Seventeenth Judicial District shall elect: (1) One (1) circuit judge; (2) One (1) chancery judge; and (3) (A) One (1) circuit-chancery judge. (B) The circuit-chancery judgeship created by subdivision (a)(3)(A) of this section within the Seventeenth Judicial District, whose primary responsibility shall be to perform the duties of a judge of the juvenile division of chancery court, shall sit as judge of the circuit, chancery, and probate courts as time permits. (b) (1) The qualified electors of the Twenty-third Judicial District shall elect one (1) circuit-chancery judge who shall have jurisdiction in law, equity, and probate. (2) (A) (i) Effective January 1, 1995, there is hereby created in the Twenty-third Judicial District an additional circuit-chancery judgeship, which shall have jurisdiction in law, equity, and probate. (ii) The judge of the additional circuit-chancery judgeship created herein shall sit as judge of the circuit, chancery, or probate court as time permits. (iii) The additional judge shall be elected in the same manner and shall satisfy the same qualifications for holding office and shall receive the same salary, expenses, and other allowances as provided by law for judges of the circuit-chancery courts. (iv) The judge shall serve for elected terms of four (4) years. (B) The county which comprises the Twenty-third Judicial District shall provide courtroom and office facilities and supplies for the judge of the circuit-chancery judgeship created by this subdivision (b)(2) which shall be paid out of the county treasury, in the same manner as other demands against the county, out of funds appropriated by the quorum court of the county for such purposes. (C) There shall be provided for the judge of the circuit-chancery judgeship created by this subdivision (b)(2) a court reporter whose salary shall be fixed and paid in the manner provided by law for court reporters of the circuit-chancery courts of this state. (c) (1) Effective July 1, 2007, there is created in the Twenty-third Judicial District an additional circuit judgeship that shall have jurisdiction in law, equity, probate, and juvenile matters. (2) The Governor shall appoint a qualified person who is a resident of the district to temporarily fill the Twenty-third Judicial District circuit judgeship created by subdivision (c)(1) of this section, and the appointed person shall serve until January 1, 2009, or until a successor has been elected and qualified. (3) (A) The qualified electors of the district shall elect the additional circuit judge created by subdivision (c)(1) of this section at the 2008 preferential primary election to take office on January 1, 2009. (B) The additional circuit judge shall be elected from the district, shall satisfy the same qualifications for holding office, and shall receive the same salary, expenses, and other allowances as provided by law for judges of the circuit courts. (C) The circuit judge shall serve for elected terms of six (6) years. (4) The county that composes the Twenty-third Judicial District shall provide courtroom and office facilities and supplies for the judge of the circuit judgeship created by subdivision (c)(1) of this section, which shall be paid out of the county treasury in the same manner as other demands against the county and out of funds appropriated by the quorum court of the county for these purposes. (5) There shall be provided for the judge of the circuit judgeship created by subdivision (c)(1) of this section a court reporter and a trial court administrative assistant whose salaries shall be fixed and paid in the manner provided by law for court reporters and trial court administrative assistants of the circuit courts of this state. Acts 1977, No. 432, § 1; 1983, No. 669, § 1; A.S.A. 1947, § 22-365; Acts 1989 (3rd Ex. Sess.), No. 28, § 1; 1994 (2nd Ex. Sess.), No. 29, §§ 1-3; 1999, No. 456, § 3; 2007, No. 168, § 3.

(a) The qualified electors of the Seventeenth Judicial District shall elect: (1) One (1) circuit judge; (2) One (1) chancery judge; and (3) (A) One (1) circuit-chancery judge. (B) The circuit-chancery judgeship created by subdivision (a)(3)(A) of this section within the Seventeenth Judicial District, whose primary responsibility shall be to perform the duties of a judge of the juvenile division of chancery court, shall sit as judge of the circuit, chancery, and probate courts as time permits.

(1) One (1) circuit judge;

(2) One (1) chancery judge; and

(3) (A) One (1) circuit-chancery judge. (B) The circuit-chancery judgeship created by subdivision (a)(3)(A) of this section within the Seventeenth Judicial District, whose primary responsibility shall be to perform the duties of a judge of the juvenile division of chancery court, shall sit as judge of the circuit, chancery, and probate courts as time permits.

(A) One (1) circuit-chancery judge.

(B) The circuit-chancery judgeship created by subdivision (a)(3)(A) of this section within the Seventeenth Judicial District, whose primary responsibility shall be to perform the duties of a judge of the juvenile division of chancery court, shall sit as judge of the circuit, chancery, and probate courts as time permits.

(b) (1) The qualified electors of the Twenty-third Judicial District shall elect one (1) circuit-chancery judge who shall have jurisdiction in law, equity, and probate. (2) (A) (i) Effective January 1, 1995, there is hereby created in the Twenty-third Judicial District an additional circuit-chancery judgeship, which shall have jurisdiction in law, equity, and probate. (ii) The judge of the additional circuit-chancery judgeship created herein shall sit as judge of the circuit, chancery, or probate court as time permits. (iii) The additional judge shall be elected in the same manner and shall satisfy the same qualifications for holding office and shall receive the same salary, expenses, and other allowances as provided by law for judges of the circuit-chancery courts. (iv) The judge shall serve for elected terms of four (4) years. (B) The county which comprises the Twenty-third Judicial District shall provide courtroom and office facilities and supplies for the judge of the circuit-chancery judgeship created by this subdivision (b)(2) which shall be paid out of the county treasury, in the same manner as other demands against the county, out of funds appropriated by the quorum court of the county for such purposes. (C) There shall be provided for the judge of the circuit-chancery judgeship created by this subdivision (b)(2) a court reporter whose salary shall be fixed and paid in the manner provided by law for court reporters of the circuit-chancery courts of this state.

(1) The qualified electors of the Twenty-third Judicial District shall elect one (1) circuit-chancery judge who shall have jurisdiction in law, equity, and probate.

(2) (A) (i) Effective January 1, 1995, there is hereby created in the Twenty-third Judicial District an additional circuit-chancery judgeship, which shall have jurisdiction in law, equity, and probate. (ii) The judge of the additional circuit-chancery judgeship created herein shall sit as judge of the circuit, chancery, or probate court as time permits. (iii) The additional judge shall be elected in the same manner and shall satisfy the same qualifications for holding office and shall receive the same salary, expenses, and other allowances as provided by law for judges of the circuit-chancery courts. (iv) The judge shall serve for elected terms of four (4) years. (B) The county which comprises the Twenty-third Judicial District shall provide courtroom and office facilities and supplies for the judge of the circuit-chancery judgeship created by this subdivision (b)(2) which shall be paid out of the county treasury, in the same manner as other demands against the county, out of funds appropriated by the quorum court of the county for such purposes. (C) There shall be provided for the judge of the circuit-chancery judgeship created by this subdivision (b)(2) a court reporter whose salary shall be fixed and paid in the manner provided by law for court reporters of the circuit-chancery courts of this state.

(A) (i) Effective January 1, 1995, there is hereby created in the Twenty-third Judicial District an additional circuit-chancery judgeship, which shall have jurisdiction in law, equity, and probate. (ii) The judge of the additional circuit-chancery judgeship created herein shall sit as judge of the circuit, chancery, or probate court as time permits. (iii) The additional judge shall be elected in the same manner and shall satisfy the same qualifications for holding office and shall receive the same salary, expenses, and other allowances as provided by law for judges of the circuit-chancery courts. (iv) The judge shall serve for elected terms of four (4) years.

(i) Effective January 1, 1995, there is hereby created in the Twenty-third Judicial District an additional circuit-chancery judgeship, which shall have jurisdiction in law, equity, and probate.

(ii) The judge of the additional circuit-chancery judgeship created herein shall sit as judge of the circuit, chancery, or probate court as time permits.

(iii) The additional judge shall be elected in the same manner and shall satisfy the same qualifications for holding office and shall receive the same salary, expenses, and other allowances as provided by law for judges of the circuit-chancery courts.

(iv) The judge shall serve for elected terms of four (4) years.

(B) The county which comprises the Twenty-third Judicial District shall provide courtroom and office facilities and supplies for the judge of the circuit-chancery judgeship created by this subdivision (b)(2) which shall be paid out of the county treasury, in the same manner as other demands against the county, out of funds appropriated by the quorum court of the county for such purposes.

(C) There shall be provided for the judge of the circuit-chancery judgeship created by this subdivision (b)(2) a court reporter whose salary shall be fixed and paid in the manner provided by law for court reporters of the circuit-chancery courts of this state.

(c) (1) Effective July 1, 2007, there is created in the Twenty-third Judicial District an additional circuit judgeship that shall have jurisdiction in law, equity, probate, and juvenile matters. (2) The Governor shall appoint a qualified person who is a resident of the district to temporarily fill the Twenty-third Judicial District circuit judgeship created by subdivision (c)(1) of this section, and the appointed person shall serve until January 1, 2009, or until a successor has been elected and qualified. (3) (A) The qualified electors of the district shall elect the additional circuit judge created by subdivision (c)(1) of this section at the 2008 preferential primary election to take office on January 1, 2009. (B) The additional circuit judge shall be elected from the district, shall satisfy the same qualifications for holding office, and shall receive the same salary, expenses, and other allowances as provided by law for judges of the circuit courts. (C) The circuit judge shall serve for elected terms of six (6) years. (4) The county that composes the Twenty-third Judicial District shall provide courtroom and office facilities and supplies for the judge of the circuit judgeship created by subdivision (c)(1) of this section, which shall be paid out of the county treasury in the same manner as other demands against the county and out of funds appropriated by the quorum court of the county for these purposes. (5) There shall be provided for the judge of the circuit judgeship created by subdivision (c)(1) of this section a court reporter and a trial court administrative assistant whose salaries shall be fixed and paid in the manner provided by law for court reporters and trial court administrative assistants of the circuit courts of this state.

(1) Effective July 1, 2007, there is created in the Twenty-third Judicial District an additional circuit judgeship that shall have jurisdiction in law, equity, probate, and juvenile matters.

(2) The Governor shall appoint a qualified person who is a resident of the district to temporarily fill the Twenty-third Judicial District circuit judgeship created by subdivision (c)(1) of this section, and the appointed person shall serve until January 1, 2009, or until a successor has been elected and qualified.

(3) (A) The qualified electors of the district shall elect the additional circuit judge created by subdivision (c)(1) of this section at the 2008 preferential primary election to take office on January 1, 2009. (B) The additional circuit judge shall be elected from the district, shall satisfy the same qualifications for holding office, and shall receive the same salary, expenses, and other allowances as provided by law for judges of the circuit courts. (C) The circuit judge shall serve for elected terms of six (6) years.

(A) The qualified electors of the district shall elect the additional circuit judge created by subdivision (c)(1) of this section at the 2008 preferential primary election to take office on January 1, 2009.

(B) The additional circuit judge shall be elected from the district, shall satisfy the same qualifications for holding office, and shall receive the same salary, expenses, and other allowances as provided by law for judges of the circuit courts.

(C) The circuit judge shall serve for elected terms of six (6) years.

(4) The county that composes the Twenty-third Judicial District shall provide courtroom and office facilities and supplies for the judge of the circuit judgeship created by subdivision (c)(1) of this section, which shall be paid out of the county treasury in the same manner as other demands against the county and out of funds appropriated by the quorum court of the county for these purposes.

(5) There shall be provided for the judge of the circuit judgeship created by subdivision (c)(1) of this section a court reporter and a trial court administrative assistant whose salaries shall be fixed and paid in the manner provided by law for court reporters and trial court administrative assistants of the circuit courts of this state.

Acts 1977, No. 432, § 1; 1983, No. 669, § 1; A.S.A. 1947, § 22-365; Acts 1989 (3rd Ex. Sess.), No. 28, § 1; 1994 (2nd Ex. Sess.), No. 29, §§ 1-3; 1999, No. 456, § 3; 2007, No. 168, § 3.
Ark. Code Ann. § 16-20-310 — AR Code / Title 16 / Chapter 20 / Subchapter 3 / Section 16-20-310
Charges against or indictment of clerk - Proceedings - Removal
Status: in_force

(a) (1) When any prosecuting attorney is required to prosecute charges against any clerk, if the offense is indictable, the prosecuting attorney shall submit the charges to the grand jury, in order that an indictment may be found. (2) (A) If the charges are for an offense not indictable, the prosecuting attorney shall make the charges out and file them in the court. He shall cause a copy thereof to be served on the clerk, together with a notice requiring him to appear before the circuit court of the county in which the clerk may reside, on some specified day in the term, and answer the charges. (B) The notice and copy of the charges shall be delivered to the clerk at least fifteen (15) days before the day appointed for the answering thereof. (b) (1) The prosecuting attorney shall cause witnesses to be summoned to support such charges or any indictment that may have been found against the clerk and shall prosecute the charges or indictment with speed. (2) The clerk shall appear and plead at the next term of the court unless further time is given for that purpose. (3) If the clerk pleads not guilty to the charges or indictment, the court shall require a jury to be summoned to try the issue joined. (4) If the jury finds the clerk guilty, or if he pleads guilty to the charges or indictment, it shall be the duty of the court to enter up an order removing the clerk from office. From that time he shall cease to be clerk of such court, and the vacancy shall be filled according to law. Rev. Stat., ch. 25, §§ 15-18; C. & M. Dig., §§ 1387-1390; Pope's Dig., §§ 1648-1651; A.S.A. 1947, §§ 23-322 -- 23-325.

(a) (1) When any prosecuting attorney is required to prosecute charges against any clerk, if the offense is indictable, the prosecuting attorney shall submit the charges to the grand jury, in order that an indictment may be found. (2) (A) If the charges are for an offense not indictable, the prosecuting attorney shall make the charges out and file them in the court. He shall cause a copy thereof to be served on the clerk, together with a notice requiring him to appear before the circuit court of the county in which the clerk may reside, on some specified day in the term, and answer the charges. (B) The notice and copy of the charges shall be delivered to the clerk at least fifteen (15) days before the day appointed for the answering thereof.

(1) When any prosecuting attorney is required to prosecute charges against any clerk, if the offense is indictable, the prosecuting attorney shall submit the charges to the grand jury, in order that an indictment may be found.

(2) (A) If the charges are for an offense not indictable, the prosecuting attorney shall make the charges out and file them in the court. He shall cause a copy thereof to be served on the clerk, together with a notice requiring him to appear before the circuit court of the county in which the clerk may reside, on some specified day in the term, and answer the charges. (B) The notice and copy of the charges shall be delivered to the clerk at least fifteen (15) days before the day appointed for the answering thereof.

(A) If the charges are for an offense not indictable, the prosecuting attorney shall make the charges out and file them in the court. He shall cause a copy thereof to be served on the clerk, together with a notice requiring him to appear before the circuit court of the county in which the clerk may reside, on some specified day in the term, and answer the charges.

(B) The notice and copy of the charges shall be delivered to the clerk at least fifteen (15) days before the day appointed for the answering thereof.

(b) (1) The prosecuting attorney shall cause witnesses to be summoned to support such charges or any indictment that may have been found against the clerk and shall prosecute the charges or indictment with speed. (2) The clerk shall appear and plead at the next term of the court unless further time is given for that purpose. (3) If the clerk pleads not guilty to the charges or indictment, the court shall require a jury to be summoned to try the issue joined. (4) If the jury finds the clerk guilty, or if he pleads guilty to the charges or indictment, it shall be the duty of the court to enter up an order removing the clerk from office. From that time he shall cease to be clerk of such court, and the vacancy shall be filled according to law.

(1) The prosecuting attorney shall cause witnesses to be summoned to support such charges or any indictment that may have been found against the clerk and shall prosecute the charges or indictment with speed.

(2) The clerk shall appear and plead at the next term of the court unless further time is given for that purpose.

(3) If the clerk pleads not guilty to the charges or indictment, the court shall require a jury to be summoned to try the issue joined.

(4) If the jury finds the clerk guilty, or if he pleads guilty to the charges or indictment, it shall be the duty of the court to enter up an order removing the clerk from office. From that time he shall cease to be clerk of such court, and the vacancy shall be filled according to law.

Rev. Stat., ch. 25, §§ 15-18; C. & M. Dig., §§ 1387-1390; Pope's Dig., §§ 1648-1651; A.S.A. 1947, §§ 23-322 -- 23-325.
Ark. Code Ann. § 16-82-302 — AR Code / Title 16 / Chapter 82 / Subchapter 3 / Section 16-82-302
Performance by public personnel
Status: in_force

Whenever feasible, employees of public institutions and public medical personnel will perform any searches pursuant to Rule 12.3 of the Arkansas Rules of Criminal Procedure. Acts 1977, No. 452, § 3; A.S.A. 1947, § 43-3403.

Whenever feasible, employees of public institutions and public medical personnel will perform any searches pursuant to Rule 12.3 of the Arkansas Rules of Criminal Procedure.

Acts 1977, No. 452, § 3; A.S.A. 1947, § 43-3403.
Ark. Code Ann. § 16-6-105 — AR Code / Title 16 / Chapter 6 / Subchapter 1 / Section 16-6-105
Nonliability for damages - Exceptions
Status: in_force

A qualified volunteer shall not be liable in damages for personal injury or property damage sustained by one who is a participant in or a recipient, consumer, or user of the services or benefits of a volunteer by reason of any act or omission of a qualified volunteer in connection with the volunteer except as follows: (1) Where the qualified volunteer is covered by a policy of insurance, in which case liability for ordinary negligence is limited to the amount of coverage provided; (2) Where the qualified volunteer acts in bad faith or is guilty of gross negligence; (3) (A) Where the qualified volunteer negligently operates a motor vehicle, aircraft, boat, or other powered mode of conveyance. (B) If the actionable conduct of the qualified volunteer is covered by a policy of liability insurance, his or her liability for ordinary negligence shall be limited to the amount of the coverage provided; or (4) (A) Where the qualified volunteer negligently performs professional services extended to an individual which the qualified volunteer is licensed under state law to perform, including, but not limited to, legal, engineering, and accounting services. (B) (i) If the volunteer agency either provides or requires its professional volunteers to carry professional liability insurance in an amount customarily carried by a member of the profession involved, liability for ordinary negligence in rendering professional service shall be limited to the amount of coverage available or the amount required by the agency, whichever is larger. (ii) This exception does not apply to nurses or similar health care providers rendering health care services or other professionals rendering professional services to a government entity, business, or volunteer agency. Acts 1987, No. 390, § 5; 1997, No. 276, § 2.

A qualified volunteer shall not be liable in damages for personal injury or property damage sustained by one who is a participant in or a recipient, consumer, or user of the services or benefits of a volunteer by reason of any act or omission of a qualified volunteer in connection with the volunteer except as follows:

(1) Where the qualified volunteer is covered by a policy of insurance, in which case liability for ordinary negligence is limited to the amount of coverage provided;

(2) Where the qualified volunteer acts in bad faith or is guilty of gross negligence;

(3) (A) Where the qualified volunteer negligently operates a motor vehicle, aircraft, boat, or other powered mode of conveyance. (B) If the actionable conduct of the qualified volunteer is covered by a policy of liability insurance, his or her liability for ordinary negligence shall be limited to the amount of the coverage provided; or

(A) Where the qualified volunteer negligently operates a motor vehicle, aircraft, boat, or other powered mode of conveyance.

(B) If the actionable conduct of the qualified volunteer is covered by a policy of liability insurance, his or her liability for ordinary negligence shall be limited to the amount of the coverage provided; or

(4) (A) Where the qualified volunteer negligently performs professional services extended to an individual which the qualified volunteer is licensed under state law to perform, including, but not limited to, legal, engineering, and accounting services. (B) (i) If the volunteer agency either provides or requires its professional volunteers to carry professional liability insurance in an amount customarily carried by a member of the profession involved, liability for ordinary negligence in rendering professional service shall be limited to the amount of coverage available or the amount required by the agency, whichever is larger. (ii) This exception does not apply to nurses or similar health care providers rendering health care services or other professionals rendering professional services to a government entity, business, or volunteer agency.

(A) Where the qualified volunteer negligently performs professional services extended to an individual which the qualified volunteer is licensed under state law to perform, including, but not limited to, legal, engineering, and accounting services.

(B) (i) If the volunteer agency either provides or requires its professional volunteers to carry professional liability insurance in an amount customarily carried by a member of the profession involved, liability for ordinary negligence in rendering professional service shall be limited to the amount of coverage available or the amount required by the agency, whichever is larger. (ii) This exception does not apply to nurses or similar health care providers rendering health care services or other professionals rendering professional services to a government entity, business, or volunteer agency.

(i) If the volunteer agency either provides or requires its professional volunteers to carry professional liability insurance in an amount customarily carried by a member of the profession involved, liability for ordinary negligence in rendering professional service shall be limited to the amount of coverage available or the amount required by the agency, whichever is larger.

(ii) This exception does not apply to nurses or similar health care providers rendering health care services or other professionals rendering professional services to a government entity, business, or volunteer agency.

Acts 1987, No. 390, § 5; 1997, No. 276, § 2.
Ark. Code Ann. § 16-84-207 — AR Code / Title 16 / Chapter 84 / Subchapter 2 / Section 16-84-207
Action on bail bond in circuit courts
Status: in_force

(a) If a bail bond is granted by a judicial officer, it shall be conditioned on the defendant's appearing for trial, surrendering in execution of the judgment, or appearing at any other time when his or her presence in circuit court may be lawfully required under Rule 9.5 or Rule 9.6 of the Arkansas Rules of Criminal Procedure, or any other rule. (b) (1) If the defendant fails to appear at any time when the defendant's presence is required under subsection (a) of this section, the circuit court shall enter this fact by written order or docket entry, adjudge the bail bond of the defendant or the money deposited in lieu thereof to be forfeited, and issue a warrant for the arrest of the defendant. (2) The circuit clerk shall: (A) Notify the sheriff and each surety on the bail bond that the defendant should be surrendered to the sheriff as required by the terms of the bail bond; and (B) Immediately issue a summons on each surety on the bail bond requiring the surety to personally appear on the date and time stated in the summons to show cause why judgment should not be rendered for the sum specified in the bail bond on account of the forfeiture. (c) (1) (A) If the defendant is apprehended and brought before the circuit court within seventy-five (75) days of the date notification is sent under subdivision (b)(2)(A) of this section, then no judgment of forfeiture may be entered against the surety. (B) The surety shall be liable for the cost of returning the defendant to the circuit court in an amount not to exceed the face amount of the bond. (2) (A) If the defendant is apprehended and brought before the circuit court after the seventy-five-day period under subdivision (c)(1) of this section, the circuit court may exonerate the amount of the surety's liability under the bail bond as the circuit court determines in its discretion and, if the surety does not object, enter judgment accordingly against the surety. (B) In determining the extent of liability of the surety on the bond, the circuit court may take into consideration the actions taken and the expenses incurred by the surety to locate the defendant, the expenses incurred by law enforcement officers to locate and return the defendant, and any other factors the circuit court finds relevant. (3) The appropriate law enforcement agencies shall make every reasonable effort to apprehend the defendant. (d) (1) If the surety does not consent to the entry of judgment in the amount determined under subsection (c) of this section, or if the defendant has not surrendered or been brought into custody, then at the time of the show cause hearing unless continued to a subsequent time, the circuit court shall determine the surety's liability and enter judgment on the forfeited bond. (2) The circuit court may exercise its discretion in determining the amount of the judgment and may consider the factors listed in subsection (c) of this section. (e) (1) No pleading on the part of the state shall be required in order to enforce a bond under this section. (2) The summons required under subsection (b) of this section shall be made returnable and shall be executed as in civil actions, and the action shall be docketed and shall proceed as an ordinary civil action. (3) The summons shall be directed to and served on the surety in the manner provided in Rule 4 of the Arkansas Rules of Civil Procedure, and the surety's appearance pursuant to the summons shall be in person and not by filing an answer or other pleading. (f) Notwithstanding any law to the contrary, a circuit court may suspend a bail bond company's or agent's ability to issue bail bonds in its court if the bail bond company or agent fails to comply with an order of the circuit court or fails to pay forfeited bonds in accordance with a circuit court's order. Acts 2003, No. 752, § 1; 2003, No. 1472, § 1; 2009, No. 290, § 1.

(a) If a bail bond is granted by a judicial officer, it shall be conditioned on the defendant's appearing for trial, surrendering in execution of the judgment, or appearing at any other time when his or her presence in circuit court may be lawfully required under Rule 9.5 or Rule 9.6 of the Arkansas Rules of Criminal Procedure, or any other rule.

(b) (1) If the defendant fails to appear at any time when the defendant's presence is required under subsection (a) of this section, the circuit court shall enter this fact by written order or docket entry, adjudge the bail bond of the defendant or the money deposited in lieu thereof to be forfeited, and issue a warrant for the arrest of the defendant. (2) The circuit clerk shall: (A) Notify the sheriff and each surety on the bail bond that the defendant should be surrendered to the sheriff as required by the terms of the bail bond; and (B) Immediately issue a summons on each surety on the bail bond requiring the surety to personally appear on the date and time stated in the summons to show cause why judgment should not be rendered for the sum specified in the bail bond on account of the forfeiture.

(1) If the defendant fails to appear at any time when the defendant's presence is required under subsection (a) of this section, the circuit court shall enter this fact by written order or docket entry, adjudge the bail bond of the defendant or the money deposited in lieu thereof to be forfeited, and issue a warrant for the arrest of the defendant.

(2) The circuit clerk shall: (A) Notify the sheriff and each surety on the bail bond that the defendant should be surrendered to the sheriff as required by the terms of the bail bond; and (B) Immediately issue a summons on each surety on the bail bond requiring the surety to personally appear on the date and time stated in the summons to show cause why judgment should not be rendered for the sum specified in the bail bond on account of the forfeiture.

(A) Notify the sheriff and each surety on the bail bond that the defendant should be surrendered to the sheriff as required by the terms of the bail bond; and

(B) Immediately issue a summons on each surety on the bail bond requiring the surety to personally appear on the date and time stated in the summons to show cause why judgment should not be rendered for the sum specified in the bail bond on account of the forfeiture.

(c) (1) (A) If the defendant is apprehended and brought before the circuit court within seventy-five (75) days of the date notification is sent under subdivision (b)(2)(A) of this section, then no judgment of forfeiture may be entered against the surety. (B) The surety shall be liable for the cost of returning the defendant to the circuit court in an amount not to exceed the face amount of the bond. (2) (A) If the defendant is apprehended and brought before the circuit court after the seventy-five-day period under subdivision (c)(1) of this section, the circuit court may exonerate the amount of the surety's liability under the bail bond as the circuit court determines in its discretion and, if the surety does not object, enter judgment accordingly against the surety. (B) In determining the extent of liability of the surety on the bond, the circuit court may take into consideration the actions taken and the expenses incurred by the surety to locate the defendant, the expenses incurred by law enforcement officers to locate and return the defendant, and any other factors the circuit court finds relevant. (3) The appropriate law enforcement agencies shall make every reasonable effort to apprehend the defendant.

(1) (A) If the defendant is apprehended and brought before the circuit court within seventy-five (75) days of the date notification is sent under subdivision (b)(2)(A) of this section, then no judgment of forfeiture may be entered against the surety. (B) The surety shall be liable for the cost of returning the defendant to the circuit court in an amount not to exceed the face amount of the bond.

(A) If the defendant is apprehended and brought before the circuit court within seventy-five (75) days of the date notification is sent under subdivision (b)(2)(A) of this section, then no judgment of forfeiture may be entered against the surety.

(B) The surety shall be liable for the cost of returning the defendant to the circuit court in an amount not to exceed the face amount of the bond.

(2) (A) If the defendant is apprehended and brought before the circuit court after the seventy-five-day period under subdivision (c)(1) of this section, the circuit court may exonerate the amount of the surety's liability under the bail bond as the circuit court determines in its discretion and, if the surety does not object, enter judgment accordingly against the surety. (B) In determining the extent of liability of the surety on the bond, the circuit court may take into consideration the actions taken and the expenses incurred by the surety to locate the defendant, the expenses incurred by law enforcement officers to locate and return the defendant, and any other factors the circuit court finds relevant.

(A) If the defendant is apprehended and brought before the circuit court after the seventy-five-day period under subdivision (c)(1) of this section, the circuit court may exonerate the amount of the surety's liability under the bail bond as the circuit court determines in its discretion and, if the surety does not object, enter judgment accordingly against the surety.

(B) In determining the extent of liability of the surety on the bond, the circuit court may take into consideration the actions taken and the expenses incurred by the surety to locate the defendant, the expenses incurred by law enforcement officers to locate and return the defendant, and any other factors the circuit court finds relevant.

(3) The appropriate law enforcement agencies shall make every reasonable effort to apprehend the defendant.

(d) (1) If the surety does not consent to the entry of judgment in the amount determined under subsection (c) of this section, or if the defendant has not surrendered or been brought into custody, then at the time of the show cause hearing unless continued to a subsequent time, the circuit court shall determine the surety's liability and enter judgment on the forfeited bond. (2) The circuit court may exercise its discretion in determining the amount of the judgment and may consider the factors listed in subsection (c) of this section.

(1) If the surety does not consent to the entry of judgment in the amount determined under subsection (c) of this section, or if the defendant has not surrendered or been brought into custody, then at the time of the show cause hearing unless continued to a subsequent time, the circuit court shall determine the surety's liability and enter judgment on the forfeited bond.

(2) The circuit court may exercise its discretion in determining the amount of the judgment and may consider the factors listed in subsection (c) of this section.

(e) (1) No pleading on the part of the state shall be required in order to enforce a bond under this section. (2) The summons required under subsection (b) of this section shall be made returnable and shall be executed as in civil actions, and the action shall be docketed and shall proceed as an ordinary civil action. (3) The summons shall be directed to and served on the surety in the manner provided in Rule 4 of the Arkansas Rules of Civil Procedure, and the surety's appearance pursuant to the summons shall be in person and not by filing an answer or other pleading.

(1) No pleading on the part of the state shall be required in order to enforce a bond under this section.

(2) The summons required under subsection (b) of this section shall be made returnable and shall be executed as in civil actions, and the action shall be docketed and shall proceed as an ordinary civil action.

(3) The summons shall be directed to and served on the surety in the manner provided in Rule 4 of the Arkansas Rules of Civil Procedure, and the surety's appearance pursuant to the summons shall be in person and not by filing an answer or other pleading.

(f) Notwithstanding any law to the contrary, a circuit court may suspend a bail bond company's or agent's ability to issue bail bonds in its court if the bail bond company or agent fails to comply with an order of the circuit court or fails to pay forfeited bonds in accordance with a circuit court's order.

Acts 2003, No. 752, § 1; 2003, No. 1472, § 1; 2009, No. 290, § 1.
Ark. Code Ann. § 16-131-206 — AR Code / Title 16 / Chapter 131 / Subchapter 2 / Section 16-131-206
Liability - Good faith actions
Status: in_force

(a) If a settlement agreement is entered into in compliance with § 16-131-204 , the signature of the guardian: (1) Is binding on the minor without the need for further court approval or review; and (2) Has the same force and effect as if the minor were a competent adult entering into the settlement agreement. (b) A guardian acting in good faith on behalf of the minor under this subchapter is not liable to the minor for the moneys paid in settlement or for any other claim arising out of the settlement. (c) A person or entity against whom a minor has a claim that settles the claim with the minor in good faith under this subchapter with the minor's guardian is not liable to the minor for any claims arising from the settlement of the claim. Added by Act 2023, No. 468,§ 1, eff. 8/1/2023.

(a) If a settlement agreement is entered into in compliance with § 16-131-204 , the signature of the guardian: (1) Is binding on the minor without the need for further court approval or review; and (2) Has the same force and effect as if the minor were a competent adult entering into the settlement agreement.

(1) Is binding on the minor without the need for further court approval or review; and

(2) Has the same force and effect as if the minor were a competent adult entering into the settlement agreement.

(b) A guardian acting in good faith on behalf of the minor under this subchapter is not liable to the minor for the moneys paid in settlement or for any other claim arising out of the settlement.

(c) A person or entity against whom a minor has a claim that settles the claim with the minor in good faith under this subchapter with the minor's guardian is not liable to the minor for any claims arising from the settlement of the claim.

Added by Act 2023, No. 468,§ 1, eff. 8/1/2023.
Ark. Code Ann. § 16-91-202 — AR Code / Title 16 / Chapter 91 / Subchapter 2 / Section 16-91-202
Capital cases
Status: in_force

(a) (1) (A) (i) If a capital conviction and sentence are affirmed on direct appeal, the circuit court in which the conviction was obtained shall, within two (2) weeks after the affirmance, conduct a hearing and enter a written order appointing counsel to represent the petitioner in a post-conviction proceeding upon issuance of the mandate by the appellate court, should the petitioner desire to pursue such a post-conviction proceeding. (ii) Counsel's appointment shall remain effective through any appeal of the post-conviction proceeding in state court. (B) Counsel shall be appointed only after a finding by the circuit court that the petitioner is indigent and that he or she either accepts the appointment of counsel or is unable to make a competent decision whether to accept or reject the appointment of counsel. (C) The circuit court may decline to appoint counsel for the petitioner only upon a written finding that the petitioner rejects the appointment of counsel and understands the legal consequences of that decision or upon a finding that the petitioner is not indigent. (2) (A) The circuit court may not appoint an attorney as counsel under this subsection if the attorney represented the petitioner at trial or on direct appeal of the conviction under attack unless the petitioner and the attorney request appointment on the record. (B) If counsel is the same attorney who represented the petitioner at trial or on direct appeal, the circuit court shall appoint a second counsel to assist in the preparation of the petition for post-conviction relief. (C) If the petitioner elects to proceed pro se, the waiver of the assistance of counsel shall be made in open court on the record. (b) (1) (A) Upon the filing of a post-conviction petition, the clerk of the circuit court in which the petition is filed shall immediately forward a copy of the petition to the prosecuting attorney of the county in which the petition was filed, the Attorney General, and the Executive Director of the Arkansas Public Defender Commission. (B) (i) The filing of the petition does not automatically stay any sentence of death. (ii) Upon the entry of an order pursuant to this subsection, a stay of execution shall be granted upon application to the circuit court wherein the motion for appointment of counsel was filed. (2) The stay granted pursuant to this subsection shall automatically expire if: (A) The petitioner fails to file a timely petition for post-conviction relief; or (B) The petitioner is denied relief in his or her post-conviction proceeding in circuit court in the manner set forth in subsection (h) of this section. (c) (1) The following standards are the exclusive criteria which counsel must satisfy in order to be appointed under subsection (a) of this section. (2) At least one (1) of the attorneys appointed to represent the applicant: (A) Shall have: (i) Previously represented a death-sentenced inmate in state or federal post-conviction relief proceedings within the five (5) years immediately preceding the appointment for which he or she is under consideration; or (ii) Acted, within the five (5) years immediately preceding the appointment for which he or she is under consideration, as defense counsel in no fewer than three (3) state or federal post-conviction relief proceedings arising from felony convictions, at least two (2) of which involved violent crimes, including one (1) murder case; (B) Shall have, within the five (5) years immediately preceding the appointment for which he or she is under consideration, conducted at least two (2) evidentiary hearings in state or federal post-conviction relief proceedings, which may include any proceeding which satisfies subdivision (c)(2)(A)(i) of this section or subdivision (c)(2)(A)(ii) of this section; (C) Shall have been licensed to practice law for no fewer than five (5) years, and for at least three (3) of those five (5) years shall have been licensed to practice in Arkansas courts; and (D) Shall have successfully completed, within the two (2) years immediately preceding the appointment for which he or she is under consideration, not less than six (6) hours of Arkansas Continuing Legal Education Board-approved continuing legal education or professional training primarily involving advocacy in the field of capital trial, capital appellate, or capital post-conviction litigation. (3) Consistent with § 16-87-204(b)(9) , the executive director shall offer annually, to any attorney wishing to attend, no fewer than two (2) in-state conferences or seminars at each of which no less than six (6) hours of board-approved credit, as described in this subsection, is available. (d) (1) Notwithstanding any statutory provision to the contrary, appointments of counsel in capital post-conviction proceedings and in appeals therefrom shall be made from counsel who qualify for appointment under subsection (c) of this section or subsection (e) of this section. (2) The presiding circuit judge may contact the Arkansas Public Defender Commission for a list of counsel who meet the criteria of subsection (c) of this section and may appoint counsel from that list. (3) Neither the commission nor any of its components shall possess any supervisory authority over counsel appointed to represent a petitioner in capital post-conviction proceedings or in appeals therefrom. (4) Nothing in this section shall preclude the circuit court from appointing an out-of-state attorney pro hac vice as co-counsel, provided that in-state counsel is appointed consistent with the provisions of this subchapter. (5) Once counsel has been appointed, the presiding circuit judge shall enter a written order specifying the appointed counsel's qualifications which satisfy subsection (c) of this section. (e) (1) The circuit court may appoint counsel who does not satisfy all of the criteria of subsection (c) of this section only upon a written finding that the attorney is clearly competent and qualified because of his or her unique training, experience, or background to represent an indigent petitioner in a capital post-conviction proceeding. (2) (A) In all such cases, the attorney shall have been admitted to practice law for not less than five (5) years and shall have had no fewer than three (3) years' experience in the actual handling of capital murder prosecutions or capital murder post-conviction proceedings in Arkansas courts. (B) In addition, such counsel shall have successfully completed, within the two (2) years immediately preceding the appointment for which he or she is under consideration, not less than six (6) hours of board-approved continuing legal education or professional training primarily involving advocacy in the field of capital trial, capital appellate, or capital post-conviction litigation. (3) Prior to appointing such counsel, the circuit court shall conduct a hearing at which the attorney shall demonstrate that his or her experience or other qualifications meet the requirements of this subsection, and the circuit court shall make written findings specifying what unique training, experience, or background qualifies the attorney for appointment under this subsection. (f) (1) Notwithstanding any other provision of law, the circuit court shall fix the compensation to be paid to attorneys appointed under this subchapter, as well as the fees and expenses to be paid for investigative, expert, and other reasonably necessary services authorized by the circuit court at such rates or amounts as the circuit court determines to be reasonably necessary. (2) All compensation and reasonable expenses authorized by the circuit court pursuant to this subchapter shall be paid by the commission. (g) (1) Not later than fifty (50) days after the filing of the petition, the circuit judge shall convene a status conference to schedule a hearing on the petition for post-conviction relief if a hearing is deemed necessary. (2) The hearing must be conducted within one hundred eighty (180) days from the date of the status conference, unless good cause is shown to justify a continuance. (h) (1) Within thirty (30) days from the receipt of the transcript from the post-conviction hearing, if a hearing was held, or, if the circuit judge requests post-trial briefs, within thirty (30) days from the receipt of the post-trial briefs, the circuit judge shall make specific written findings of fact and shall expressly state the circuit judge's conclusions of law relating to each issue raised in the petition for post-conviction relief. (2) In the event no hearing was held, the circuit judge shall, within one hundred twenty (120) days after the filing of the petition for post-conviction relief, make specific written findings of fact and conclusions of law relating to each issue presented in the petition for post-conviction relief. (i) The transcription of the testimony and record in capital post-conviction proceedings shall be completed within sixty (60) days of the conclusion of the post-conviction hearing and shall immediately be provided to the parties and the Clerk of the Supreme Court. Acts 1997, No. 925, § 5.

(a) (1) (A) (i) If a capital conviction and sentence are affirmed on direct appeal, the circuit court in which the conviction was obtained shall, within two (2) weeks after the affirmance, conduct a hearing and enter a written order appointing counsel to represent the petitioner in a post-conviction proceeding upon issuance of the mandate by the appellate court, should the petitioner desire to pursue such a post-conviction proceeding. (ii) Counsel's appointment shall remain effective through any appeal of the post-conviction proceeding in state court. (B) Counsel shall be appointed only after a finding by the circuit court that the petitioner is indigent and that he or she either accepts the appointment of counsel or is unable to make a competent decision whether to accept or reject the appointment of counsel. (C) The circuit court may decline to appoint counsel for the petitioner only upon a written finding that the petitioner rejects the appointment of counsel and understands the legal consequences of that decision or upon a finding that the petitioner is not indigent. (2) (A) The circuit court may not appoint an attorney as counsel under this subsection if the attorney represented the petitioner at trial or on direct appeal of the conviction under attack unless the petitioner and the attorney request appointment on the record. (B) If counsel is the same attorney who represented the petitioner at trial or on direct appeal, the circuit court shall appoint a second counsel to assist in the preparation of the petition for post-conviction relief. (C) If the petitioner elects to proceed pro se, the waiver of the assistance of counsel shall be made in open court on the record.

(1) (A) (i) If a capital conviction and sentence are affirmed on direct appeal, the circuit court in which the conviction was obtained shall, within two (2) weeks after the affirmance, conduct a hearing and enter a written order appointing counsel to represent the petitioner in a post-conviction proceeding upon issuance of the mandate by the appellate court, should the petitioner desire to pursue such a post-conviction proceeding. (ii) Counsel's appointment shall remain effective through any appeal of the post-conviction proceeding in state court. (B) Counsel shall be appointed only after a finding by the circuit court that the petitioner is indigent and that he or she either accepts the appointment of counsel or is unable to make a competent decision whether to accept or reject the appointment of counsel. (C) The circuit court may decline to appoint counsel for the petitioner only upon a written finding that the petitioner rejects the appointment of counsel and understands the legal consequences of that decision or upon a finding that the petitioner is not indigent.

(A) (i) If a capital conviction and sentence are affirmed on direct appeal, the circuit court in which the conviction was obtained shall, within two (2) weeks after the affirmance, conduct a hearing and enter a written order appointing counsel to represent the petitioner in a post-conviction proceeding upon issuance of the mandate by the appellate court, should the petitioner desire to pursue such a post-conviction proceeding. (ii) Counsel's appointment shall remain effective through any appeal of the post-conviction proceeding in state court.

(i) If a capital conviction and sentence are affirmed on direct appeal, the circuit court in which the conviction was obtained shall, within two (2) weeks after the affirmance, conduct a hearing and enter a written order appointing counsel to represent the petitioner in a post-conviction proceeding upon issuance of the mandate by the appellate court, should the petitioner desire to pursue such a post-conviction proceeding.

(ii) Counsel's appointment shall remain effective through any appeal of the post-conviction proceeding in state court.

(B) Counsel shall be appointed only after a finding by the circuit court that the petitioner is indigent and that he or she either accepts the appointment of counsel or is unable to make a competent decision whether to accept or reject the appointment of counsel.

(C) The circuit court may decline to appoint counsel for the petitioner only upon a written finding that the petitioner rejects the appointment of counsel and understands the legal consequences of that decision or upon a finding that the petitioner is not indigent.

(2) (A) The circuit court may not appoint an attorney as counsel under this subsection if the attorney represented the petitioner at trial or on direct appeal of the conviction under attack unless the petitioner and the attorney request appointment on the record. (B) If counsel is the same attorney who represented the petitioner at trial or on direct appeal, the circuit court shall appoint a second counsel to assist in the preparation of the petition for post-conviction relief. (C) If the petitioner elects to proceed pro se, the waiver of the assistance of counsel shall be made in open court on the record.

(A) The circuit court may not appoint an attorney as counsel under this subsection if the attorney represented the petitioner at trial or on direct appeal of the conviction under attack unless the petitioner and the attorney request appointment on the record.

(B) If counsel is the same attorney who represented the petitioner at trial or on direct appeal, the circuit court shall appoint a second counsel to assist in the preparation of the petition for post-conviction relief.

(C) If the petitioner elects to proceed pro se, the waiver of the assistance of counsel shall be made in open court on the record.

(b) (1) (A) Upon the filing of a post-conviction petition, the clerk of the circuit court in which the petition is filed shall immediately forward a copy of the petition to the prosecuting attorney of the county in which the petition was filed, the Attorney General, and the Executive Director of the Arkansas Public Defender Commission. (B) (i) The filing of the petition does not automatically stay any sentence of death. (ii) Upon the entry of an order pursuant to this subsection, a stay of execution shall be granted upon application to the circuit court wherein the motion for appointment of counsel was filed. (2) The stay granted pursuant to this subsection shall automatically expire if: (A) The petitioner fails to file a timely petition for post-conviction relief; or (B) The petitioner is denied relief in his or her post-conviction proceeding in circuit court in the manner set forth in subsection (h) of this section.

(1) (A) Upon the filing of a post-conviction petition, the clerk of the circuit court in which the petition is filed shall immediately forward a copy of the petition to the prosecuting attorney of the county in which the petition was filed, the Attorney General, and the Executive Director of the Arkansas Public Defender Commission. (B) (i) The filing of the petition does not automatically stay any sentence of death. (ii) Upon the entry of an order pursuant to this subsection, a stay of execution shall be granted upon application to the circuit court wherein the motion for appointment of counsel was filed.

(A) Upon the filing of a post-conviction petition, the clerk of the circuit court in which the petition is filed shall immediately forward a copy of the petition to the prosecuting attorney of the county in which the petition was filed, the Attorney General, and the Executive Director of the Arkansas Public Defender Commission.

(B) (i) The filing of the petition does not automatically stay any sentence of death. (ii) Upon the entry of an order pursuant to this subsection, a stay of execution shall be granted upon application to the circuit court wherein the motion for appointment of counsel was filed.

(i) The filing of the petition does not automatically stay any sentence of death.

(ii) Upon the entry of an order pursuant to this subsection, a stay of execution shall be granted upon application to the circuit court wherein the motion for appointment of counsel was filed.

(2) The stay granted pursuant to this subsection shall automatically expire if: (A) The petitioner fails to file a timely petition for post-conviction relief; or (B) The petitioner is denied relief in his or her post-conviction proceeding in circuit court in the manner set forth in subsection (h) of this section.

(A) The petitioner fails to file a timely petition for post-conviction relief; or

(B) The petitioner is denied relief in his or her post-conviction proceeding in circuit court in the manner set forth in subsection (h) of this section.

(c) (1) The following standards are the exclusive criteria which counsel must satisfy in order to be appointed under subsection (a) of this section. (2) At least one (1) of the attorneys appointed to represent the applicant: (A) Shall have: (i) Previously represented a death-sentenced inmate in state or federal post-conviction relief proceedings within the five (5) years immediately preceding the appointment for which he or she is under consideration; or (ii) Acted, within the five (5) years immediately preceding the appointment for which he or she is under consideration, as defense counsel in no fewer than three (3) state or federal post-conviction relief proceedings arising from felony convictions, at least two (2) of which involved violent crimes, including one (1) murder case; (B) Shall have, within the five (5) years immediately preceding the appointment for which he or she is under consideration, conducted at least two (2) evidentiary hearings in state or federal post-conviction relief proceedings, which may include any proceeding which satisfies subdivision (c)(2)(A)(i) of this section or subdivision (c)(2)(A)(ii) of this section; (C) Shall have been licensed to practice law for no fewer than five (5) years, and for at least three (3) of those five (5) years shall have been licensed to practice in Arkansas courts; and (D) Shall have successfully completed, within the two (2) years immediately preceding the appointment for which he or she is under consideration, not less than six (6) hours of Arkansas Continuing Legal Education Board-approved continuing legal education or professional training primarily involving advocacy in the field of capital trial, capital appellate, or capital post-conviction litigation. (3) Consistent with § 16-87-204(b)(9) , the executive director shall offer annually, to any attorney wishing to attend, no fewer than two (2) in-state conferences or seminars at each of which no less than six (6) hours of board-approved credit, as described in this subsection, is available.

(1) The following standards are the exclusive criteria which counsel must satisfy in order to be appointed under subsection (a) of this section.

(2) At least one (1) of the attorneys appointed to represent the applicant: (A) Shall have: (i) Previously represented a death-sentenced inmate in state or federal post-conviction relief proceedings within the five (5) years immediately preceding the appointment for which he or she is under consideration; or (ii) Acted, within the five (5) years immediately preceding the appointment for which he or she is under consideration, as defense counsel in no fewer than three (3) state or federal post-conviction relief proceedings arising from felony convictions, at least two (2) of which involved violent crimes, including one (1) murder case; (B) Shall have, within the five (5) years immediately preceding the appointment for which he or she is under consideration, conducted at least two (2) evidentiary hearings in state or federal post-conviction relief proceedings, which may include any proceeding which satisfies subdivision (c)(2)(A)(i) of this section or subdivision (c)(2)(A)(ii) of this section; (C) Shall have been licensed to practice law for no fewer than five (5) years, and for at least three (3) of those five (5) years shall have been licensed to practice in Arkansas courts; and (D) Shall have successfully completed, within the two (2) years immediately preceding the appointment for which he or she is under consideration, not less than six (6) hours of Arkansas Continuing Legal Education Board-approved continuing legal education or professional training primarily involving advocacy in the field of capital trial, capital appellate, or capital post-conviction litigation.

(A) Shall have: (i) Previously represented a death-sentenced inmate in state or federal post-conviction relief proceedings within the five (5) years immediately preceding the appointment for which he or she is under consideration; or (ii) Acted, within the five (5) years immediately preceding the appointment for which he or she is under consideration, as defense counsel in no fewer than three (3) state or federal post-conviction relief proceedings arising from felony convictions, at least two (2) of which involved violent crimes, including one (1) murder case;

(i) Previously represented a death-sentenced inmate in state or federal post-conviction relief proceedings within the five (5) years immediately preceding the appointment for which he or she is under consideration; or

(ii) Acted, within the five (5) years immediately preceding the appointment for which he or she is under consideration, as defense counsel in no fewer than three (3) state or federal post-conviction relief proceedings arising from felony convictions, at least two (2) of which involved violent crimes, including one (1) murder case;

(B) Shall have, within the five (5) years immediately preceding the appointment for which he or she is under consideration, conducted at least two (2) evidentiary hearings in state or federal post-conviction relief proceedings, which may include any proceeding which satisfies subdivision (c)(2)(A)(i) of this section or subdivision (c)(2)(A)(ii) of this section;

(C) Shall have been licensed to practice law for no fewer than five (5) years, and for at least three (3) of those five (5) years shall have been licensed to practice in Arkansas courts; and

(D) Shall have successfully completed, within the two (2) years immediately preceding the appointment for which he or she is under consideration, not less than six (6) hours of Arkansas Continuing Legal Education Board-approved continuing legal education or professional training primarily involving advocacy in the field of capital trial, capital appellate, or capital post-conviction litigation.

(3) Consistent with § 16-87-204(b)(9) , the executive director shall offer annually, to any attorney wishing to attend, no fewer than two (2) in-state conferences or seminars at each of which no less than six (6) hours of board-approved credit, as described in this subsection, is available.

(d) (1) Notwithstanding any statutory provision to the contrary, appointments of counsel in capital post-conviction proceedings and in appeals therefrom shall be made from counsel who qualify for appointment under subsection (c) of this section or subsection (e) of this section. (2) The presiding circuit judge may contact the Arkansas Public Defender Commission for a list of counsel who meet the criteria of subsection (c) of this section and may appoint counsel from that list. (3) Neither the commission nor any of its components shall possess any supervisory authority over counsel appointed to represent a petitioner in capital post-conviction proceedings or in appeals therefrom. (4) Nothing in this section shall preclude the circuit court from appointing an out-of-state attorney pro hac vice as co-counsel, provided that in-state counsel is appointed consistent with the provisions of this subchapter. (5) Once counsel has been appointed, the presiding circuit judge shall enter a written order specifying the appointed counsel's qualifications which satisfy subsection (c) of this section.

(1) Notwithstanding any statutory provision to the contrary, appointments of counsel in capital post-conviction proceedings and in appeals therefrom shall be made from counsel who qualify for appointment under subsection (c) of this section or subsection (e) of this section.

(2) The presiding circuit judge may contact the Arkansas Public Defender Commission for a list of counsel who meet the criteria of subsection (c) of this section and may appoint counsel from that list.

(3) Neither the commission nor any of its components shall possess any supervisory authority over counsel appointed to represent a petitioner in capital post-conviction proceedings or in appeals therefrom.

(4) Nothing in this section shall preclude the circuit court from appointing an out-of-state attorney pro hac vice as co-counsel, provided that in-state counsel is appointed consistent with the provisions of this subchapter.

(5) Once counsel has been appointed, the presiding circuit judge shall enter a written order specifying the appointed counsel's qualifications which satisfy subsection (c) of this section.

(e) (1) The circuit court may appoint counsel who does not satisfy all of the criteria of subsection (c) of this section only upon a written finding that the attorney is clearly competent and qualified because of his or her unique training, experience, or background to represent an indigent petitioner in a capital post-conviction proceeding. (2) (A) In all such cases, the attorney shall have been admitted to practice law for not less than five (5) years and shall have had no fewer than three (3) years' experience in the actual handling of capital murder prosecutions or capital murder post-conviction proceedings in Arkansas courts. (B) In addition, such counsel shall have successfully completed, within the two (2) years immediately preceding the appointment for which he or she is under consideration, not less than six (6) hours of board-approved continuing legal education or professional training primarily involving advocacy in the field of capital trial, capital appellate, or capital post-conviction litigation. (3) Prior to appointing such counsel, the circuit court shall conduct a hearing at which the attorney shall demonstrate that his or her experience or other qualifications meet the requirements of this subsection, and the circuit court shall make written findings specifying what unique training, experience, or background qualifies the attorney for appointment under this subsection.

(1) The circuit court may appoint counsel who does not satisfy all of the criteria of subsection (c) of this section only upon a written finding that the attorney is clearly competent and qualified because of his or her unique training, experience, or background to represent an indigent petitioner in a capital post-conviction proceeding.

(2) (A) In all such cases, the attorney shall have been admitted to practice law for not less than five (5) years and shall have had no fewer than three (3) years' experience in the actual handling of capital murder prosecutions or capital murder post-conviction proceedings in Arkansas courts. (B) In addition, such counsel shall have successfully completed, within the two (2) years immediately preceding the appointment for which he or she is under consideration, not less than six (6) hours of board-approved continuing legal education or professional training primarily involving advocacy in the field of capital trial, capital appellate, or capital post-conviction litigation.

(A) In all such cases, the attorney shall have been admitted to practice law for not less than five (5) years and shall have had no fewer than three (3) years' experience in the actual handling of capital murder prosecutions or capital murder post-conviction proceedings in Arkansas courts.

(B) In addition, such counsel shall have successfully completed, within the two (2) years immediately preceding the appointment for which he or she is under consideration, not less than six (6) hours of board-approved continuing legal education or professional training primarily involving advocacy in the field of capital trial, capital appellate, or capital post-conviction litigation.

(3) Prior to appointing such counsel, the circuit court shall conduct a hearing at which the attorney shall demonstrate that his or her experience or other qualifications meet the requirements of this subsection, and the circuit court shall make written findings specifying what unique training, experience, or background qualifies the attorney for appointment under this subsection.

(f) (1) Notwithstanding any other provision of law, the circuit court shall fix the compensation to be paid to attorneys appointed under this subchapter, as well as the fees and expenses to be paid for investigative, expert, and other reasonably necessary services authorized by the circuit court at such rates or amounts as the circuit court determines to be reasonably necessary. (2) All compensation and reasonable expenses authorized by the circuit court pursuant to this subchapter shall be paid by the commission.

(1) Notwithstanding any other provision of law, the circuit court shall fix the compensation to be paid to attorneys appointed under this subchapter, as well as the fees and expenses to be paid for investigative, expert, and other reasonably necessary services authorized by the circuit court at such rates or amounts as the circuit court determines to be reasonably necessary.

(2) All compensation and reasonable expenses authorized by the circuit court pursuant to this subchapter shall be paid by the commission.

(g) (1) Not later than fifty (50) days after the filing of the petition, the circuit judge shall convene a status conference to schedule a hearing on the petition for post-conviction relief if a hearing is deemed necessary. (2) The hearing must be conducted within one hundred eighty (180) days from the date of the status conference, unless good cause is shown to justify a continuance.

(1) Not later than fifty (50) days after the filing of the petition, the circuit judge shall convene a status conference to schedule a hearing on the petition for post-conviction relief if a hearing is deemed necessary.

(2) The hearing must be conducted within one hundred eighty (180) days from the date of the status conference, unless good cause is shown to justify a continuance.

(h) (1) Within thirty (30) days from the receipt of the transcript from the post-conviction hearing, if a hearing was held, or, if the circuit judge requests post-trial briefs, within thirty (30) days from the receipt of the post-trial briefs, the circuit judge shall make specific written findings of fact and shall expressly state the circuit judge's conclusions of law relating to each issue raised in the petition for post-conviction relief. (2) In the event no hearing was held, the circuit judge shall, within one hundred twenty (120) days after the filing of the petition for post-conviction relief, make specific written findings of fact and conclusions of law relating to each issue presented in the petition for post-conviction relief.

(1) Within thirty (30) days from the receipt of the transcript from the post-conviction hearing, if a hearing was held, or, if the circuit judge requests post-trial briefs, within thirty (30) days from the receipt of the post-trial briefs, the circuit judge shall make specific written findings of fact and shall expressly state the circuit judge's conclusions of law relating to each issue raised in the petition for post-conviction relief.

(2) In the event no hearing was held, the circuit judge shall, within one hundred twenty (120) days after the filing of the petition for post-conviction relief, make specific written findings of fact and conclusions of law relating to each issue presented in the petition for post-conviction relief.

(i) The transcription of the testimony and record in capital post-conviction proceedings shall be completed within sixty (60) days of the conclusion of the post-conviction hearing and shall immediately be provided to the parties and the Clerk of the Supreme Court.

Acts 1997, No. 925, § 5.
Ark. Code Ann. § 16-90-1405 — AR Code / Title 16 / Chapter 90 / Subchapter 14 / Section 16-90-1405
Eligibility to file a uniform petition to seal a misdemeanor offense or violation
Status: in_force

(a) A person is eligible to file a uniform petition under this subchapter to seal his or her record of a misdemeanor or violation immediately after: (1) The completion of his or her sentence for the misdemeanor or violation, including full payment of restitution; (2) Full payment of court costs; (3) Full payment of driver's license suspension reinstatement fees, if a driver's license suspension reinstatement fee was assessed as a result of the person's arrest or conviction for the misdemeanor or violation; and (4) The completion of all other driver's license reinstatement requirements, if a driver's license suspension was imposed as a result of the person's arrest or conviction for the misdemeanor or violation. (b) There is not a limit to the number of times a person may file a uniform petition to seal his or her record of a misdemeanor or violation, except that the person may not file: (1) A new uniform petition to seal one (1) of the following criminal offenses until after a period of five (5) years has elapsed since the completion of the person's sentence for the conviction: (A) Negligent homicide, § 5-10-105 , if it was a Class A misdemeanor; (B) Battery in the third degree, § 5-13-203 ; (C) Indecent exposure, § 5-14-112 ; (D) Public sexual indecency, § 5-14-111 ; (E) Sexual assault in the fourth degree, § 5-14-127 ; or (F) Domestic battering in the third degree, § 5-26-305 ; (2) A new uniform petition to seal a misdemeanor violation of driving or boating while intoxicated, § 5-65-103 , until after the applicable lookback periods under § 5-65-111 have elapsed; (3) A new uniform petition to seal a criminal offense listed in subdivisions (b)(1)(A)-(F) or subdivision (b)(2) of this section before one (1) year from the date of the order denying the previous uniform petition; (4) A new uniform petition to seal a misdemeanor or violation before ninety (90) days from the date of an order denying a uniform petition to seal the misdemeanor or violation; (5) A new uniform petition to seal a misdemeanor or violation under this section if an appeal of a previous denial of a uniform petition to seal a misdemeanor or violation for the same misdemeanor or violation is still pending; or (6) A new uniform petition to seal a misdemeanor or violation under this section if: (A) The person was a holder of a commercial driver license or commercial learner's permit at the time the misdemeanor or violation was committed; and (B) The misdemeanor or violation was a traffic offense, other than a parking violation, vehicle weight violation, or vehicle defect violation, committed in any type of motor vehicle. (c) Except as provided in subsection (b) of this section, a person is eligible to file a uniform petition to seal a misdemeanor or violation under this section even if his or her misdemeanor or violation occurred before January 1, 2014. Amended by Act 2021, No. 1037,§ 1, eff. 7/28/2021. Amended by Act 2019, No. 680,§ 1A, eff. 7/24/2019. Added by Act 2013, No. 1460,§ 9, eff. 1/1/2014.

(a) A person is eligible to file a uniform petition under this subchapter to seal his or her record of a misdemeanor or violation immediately after: (1) The completion of his or her sentence for the misdemeanor or violation, including full payment of restitution; (2) Full payment of court costs; (3) Full payment of driver's license suspension reinstatement fees, if a driver's license suspension reinstatement fee was assessed as a result of the person's arrest or conviction for the misdemeanor or violation; and (4) The completion of all other driver's license reinstatement requirements, if a driver's license suspension was imposed as a result of the person's arrest or conviction for the misdemeanor or violation.

(1) The completion of his or her sentence for the misdemeanor or violation, including full payment of restitution;

(2) Full payment of court costs;

(3) Full payment of driver's license suspension reinstatement fees, if a driver's license suspension reinstatement fee was assessed as a result of the person's arrest or conviction for the misdemeanor or violation; and

(4) The completion of all other driver's license reinstatement requirements, if a driver's license suspension was imposed as a result of the person's arrest or conviction for the misdemeanor or violation.

(b) There is not a limit to the number of times a person may file a uniform petition to seal his or her record of a misdemeanor or violation, except that the person may not file: (1) A new uniform petition to seal one (1) of the following criminal offenses until after a period of five (5) years has elapsed since the completion of the person's sentence for the conviction: (A) Negligent homicide, § 5-10-105 , if it was a Class A misdemeanor; (B) Battery in the third degree, § 5-13-203 ; (C) Indecent exposure, § 5-14-112 ; (D) Public sexual indecency, § 5-14-111 ; (E) Sexual assault in the fourth degree, § 5-14-127 ; or (F) Domestic battering in the third degree, § 5-26-305 ; (2) A new uniform petition to seal a misdemeanor violation of driving or boating while intoxicated, § 5-65-103 , until after the applicable lookback periods under § 5-65-111 have elapsed; (3) A new uniform petition to seal a criminal offense listed in subdivisions (b)(1)(A)-(F) or subdivision (b)(2) of this section before one (1) year from the date of the order denying the previous uniform petition; (4) A new uniform petition to seal a misdemeanor or violation before ninety (90) days from the date of an order denying a uniform petition to seal the misdemeanor or violation; (5) A new uniform petition to seal a misdemeanor or violation under this section if an appeal of a previous denial of a uniform petition to seal a misdemeanor or violation for the same misdemeanor or violation is still pending; or (6) A new uniform petition to seal a misdemeanor or violation under this section if: (A) The person was a holder of a commercial driver license or commercial learner's permit at the time the misdemeanor or violation was committed; and (B) The misdemeanor or violation was a traffic offense, other than a parking violation, vehicle weight violation, or vehicle defect violation, committed in any type of motor vehicle.

(1) A new uniform petition to seal one (1) of the following criminal offenses until after a period of five (5) years has elapsed since the completion of the person's sentence for the conviction: (A) Negligent homicide, § 5-10-105 , if it was a Class A misdemeanor; (B) Battery in the third degree, § 5-13-203 ; (C) Indecent exposure, § 5-14-112 ; (D) Public sexual indecency, § 5-14-111 ; (E) Sexual assault in the fourth degree, § 5-14-127 ; or (F) Domestic battering in the third degree, § 5-26-305 ;

(A) Negligent homicide, § 5-10-105 , if it was a Class A misdemeanor;

(B) Battery in the third degree, § 5-13-203 ;

(C) Indecent exposure, § 5-14-112 ;

(D) Public sexual indecency, § 5-14-111 ;

(E) Sexual assault in the fourth degree, § 5-14-127 ; or

(F) Domestic battering in the third degree, § 5-26-305 ;

(2) A new uniform petition to seal a misdemeanor violation of driving or boating while intoxicated, § 5-65-103 , until after the applicable lookback periods under § 5-65-111 have elapsed;

(3) A new uniform petition to seal a criminal offense listed in subdivisions (b)(1)(A)-(F) or subdivision (b)(2) of this section before one (1) year from the date of the order denying the previous uniform petition;

(4) A new uniform petition to seal a misdemeanor or violation before ninety (90) days from the date of an order denying a uniform petition to seal the misdemeanor or violation;

(5) A new uniform petition to seal a misdemeanor or violation under this section if an appeal of a previous denial of a uniform petition to seal a misdemeanor or violation for the same misdemeanor or violation is still pending; or

(6) A new uniform petition to seal a misdemeanor or violation under this section if: (A) The person was a holder of a commercial driver license or commercial learner's permit at the time the misdemeanor or violation was committed; and (B) The misdemeanor or violation was a traffic offense, other than a parking violation, vehicle weight violation, or vehicle defect violation, committed in any type of motor vehicle.

(A) The person was a holder of a commercial driver license or commercial learner's permit at the time the misdemeanor or violation was committed; and

(B) The misdemeanor or violation was a traffic offense, other than a parking violation, vehicle weight violation, or vehicle defect violation, committed in any type of motor vehicle.

(c) Except as provided in subsection (b) of this section, a person is eligible to file a uniform petition to seal a misdemeanor or violation under this section even if his or her misdemeanor or violation occurred before January 1, 2014.

Amended by Act 2021, No. 1037,§ 1, eff. 7/28/2021.

Amended by Act 2019, No. 680,§ 1A, eff. 7/24/2019.

Added by Act 2013, No. 1460,§ 9, eff. 1/1/2014.
Ark. Code Ann. § 16-123-103 — AR Code / Title 16 / Chapter 123 / Subchapter 1 / Section 16-123-103
Applicability
Status: in_force

(a) The provisions of this subchapter relating to employment shall not be applicable with respect to employment by a religious corporation, association, society, or other religious entity. (b) It shall not constitute employment discrimination under this subchapter for an employer to refuse to accommodate the religious observance or practice of an employee or prospective employee if the employer demonstrates that he or she is unable to reasonably make such accommodation without undue hardship on the conduct of the employer's business. (c) A defendant may avoid liability under this subchapter by showing that his or her actions were based on legitimate, nondiscriminatory factors and not on unjustified reasons. (d) Provided the conduct at issue is based on a bona fide business judgment and is not a pretext for prohibited discrimination, nothing in this subchapter shall be construed to prohibit or restrict: (1) An insurer, hospital, medical service company, health maintenance organization, or any agent or entity that administers benefit plans, or any bank, savings and loan, or other lender from underwriting insurance or lending risks or administering such risks that are based on or are not inconsistent with federal or state law; (2) A person covered by this subchapter from establishing, sponsoring, observing, or administering the terms of a bona fide benefit plan that are based on underwriting risks, classifying risks, or administering such risks that are based on or are not inconsistent with federal or state law; or (3) A person covered by this subchapter from establishing, sponsoring, observing, or administering the terms of a bona fide benefit plan that is not subject to federal or state laws that regulate insurance. (e) This subchapter shall not apply to matters regulated by the Arkansas Insurance Code or the Trade Practices Act of the Arkansas Insurance Code, § 23-66-201 et seq. Acts 1993, No. 962, §§ 6, 8.

(a) The provisions of this subchapter relating to employment shall not be applicable with respect to employment by a religious corporation, association, society, or other religious entity.

(b) It shall not constitute employment discrimination under this subchapter for an employer to refuse to accommodate the religious observance or practice of an employee or prospective employee if the employer demonstrates that he or she is unable to reasonably make such accommodation without undue hardship on the conduct of the employer's business.

(c) A defendant may avoid liability under this subchapter by showing that his or her actions were based on legitimate, nondiscriminatory factors and not on unjustified reasons.

(d) Provided the conduct at issue is based on a bona fide business judgment and is not a pretext for prohibited discrimination, nothing in this subchapter shall be construed to prohibit or restrict: (1) An insurer, hospital, medical service company, health maintenance organization, or any agent or entity that administers benefit plans, or any bank, savings and loan, or other lender from underwriting insurance or lending risks or administering such risks that are based on or are not inconsistent with federal or state law; (2) A person covered by this subchapter from establishing, sponsoring, observing, or administering the terms of a bona fide benefit plan that are based on underwriting risks, classifying risks, or administering such risks that are based on or are not inconsistent with federal or state law; or (3) A person covered by this subchapter from establishing, sponsoring, observing, or administering the terms of a bona fide benefit plan that is not subject to federal or state laws that regulate insurance.

(1) An insurer, hospital, medical service company, health maintenance organization, or any agent or entity that administers benefit plans, or any bank, savings and loan, or other lender from underwriting insurance or lending risks or administering such risks that are based on or are not inconsistent with federal or state law;

(2) A person covered by this subchapter from establishing, sponsoring, observing, or administering the terms of a bona fide benefit plan that are based on underwriting risks, classifying risks, or administering such risks that are based on or are not inconsistent with federal or state law; or

(3) A person covered by this subchapter from establishing, sponsoring, observing, or administering the terms of a bona fide benefit plan that is not subject to federal or state laws that regulate insurance.

(e) This subchapter shall not apply to matters regulated by the Arkansas Insurance Code or the Trade Practices Act of the Arkansas Insurance Code, § 23-66-201 et seq.

Acts 1993, No. 962, §§ 6, 8.
Ark. Code Ann. § 16-21-1105 — AR Code / Title 16 / Chapter 21 / Subchapter 11 / Section 16-21-1105
Supplemental funding
Status: in_force

(a) The state may provide for supplemental funding directly to the office of the Prosecuting Attorney of the Sixth Judicial District, including, but not limited to, funds collected under the provisions of §§ 5-64-505 , 16-21-120 , and 21-6-411 . (b) These funds shall be in addition to appropriated funds of the local quorum court, but subject to state audit. Acts 1993, No. 997, § 5; 1995, No. 803, § 5; 1997, No. 522, § 1.

(a) The state may provide for supplemental funding directly to the office of the Prosecuting Attorney of the Sixth Judicial District, including, but not limited to, funds collected under the provisions of §§ 5-64-505 , 16-21-120 , and 21-6-411 .

(b) These funds shall be in addition to appropriated funds of the local quorum court, but subject to state audit.

Acts 1993, No. 997, § 5; 1995, No. 803, § 5; 1997, No. 522, § 1.
Ark. Code Ann. § 16-93-313 — AR Code / Title 16 / Chapter 93 / Subchapter 3 / Section 16-93-313
Probation generally - Transfer of jurisdiction
Status: in_force

(a) If a defendant during a period of probation goes from a county where he or she is being supervised to another county, jurisdiction over the defendant may be transferred in the discretion of the supervising court to a court of comparable jurisdiction in the other county if the court in the other county concurs. (b) If jurisdiction over a defendant is transferred under subsection (a) of this section, the court in the county to which jurisdiction is transferred has any power with respect to the defendant previously possessed by the transferring court. (c) The procedure under this section may be repeated if a defendant goes from the county where he or she is being supervised to another county during the period of his or her probation. Acts 2011, No. 570, § 90.

(a) If a defendant during a period of probation goes from a county where he or she is being supervised to another county, jurisdiction over the defendant may be transferred in the discretion of the supervising court to a court of comparable jurisdiction in the other county if the court in the other county concurs.

(b) If jurisdiction over a defendant is transferred under subsection (a) of this section, the court in the county to which jurisdiction is transferred has any power with respect to the defendant previously possessed by the transferring court.

(c) The procedure under this section may be repeated if a defendant goes from the county where he or she is being supervised to another county during the period of his or her probation.

Acts 2011, No. 570, § 90.
Ark. Code Ann. § 16-56-116 — AR Code / Title 16 / Chapter 56 / Subchapter 1 / Section 16-56-116
Persons under disabilities at time of accrual of action
Status: in_force

(a) If any person entitled to bring any action under any law of this state is under twenty-one (21) years of age or insane at the time of the accrual of the cause of action, that person may bring the action within three (3) years next after attaining full age, or within three (3) years next after the disability is removed. (b) No person shall avail himself or herself of any disability unless the disability existed at the time the right of action accrued. (c) When two (2) or more disabilities are existing at the time the right of action or entry accrued, the limitation prescribed shall not attach until all the disabilities are removed. Rev. Stat., ch. 91, §§ 25, 27; Acts 1844, § 2, p. 24; 1899, No. 123, § 1, p. 199; C. & M. Dig., §§ 6961, 6973, 6975; Pope's Dig., §§ 8939, 8951, 8953; A.S.A. 1947, §§ 37-224 -- 37-226; Acts 1999, No. 18, § 1.

(a) If any person entitled to bring any action under any law of this state is under twenty-one (21) years of age or insane at the time of the accrual of the cause of action, that person may bring the action within three (3) years next after attaining full age, or within three (3) years next after the disability is removed.

(b) No person shall avail himself or herself of any disability unless the disability existed at the time the right of action accrued.

(c) When two (2) or more disabilities are existing at the time the right of action or entry accrued, the limitation prescribed shall not attach until all the disabilities are removed.

Rev. Stat., ch. 91, §§ 25, 27; Acts 1844, § 2, p. 24; 1899, No. 123, § 1, p. 199; C. & M. Dig., §§ 6961, 6973, 6975; Pope's Dig., §§ 8939, 8951, 8953; A.S.A. 1947, §§ 37-224 -- 37-226; Acts 1999, No. 18, § 1.
Ark. Code Ann. § 16-105-206 — AR Code / Title 16 / Chapter 105 / Subchapter 2 / Section 16-105-206
Petition for abatement
Status: in_force

(a) Whenever a public nuisance, as defined in this subchapter, is kept, maintained, carried on, or exists in any county in this state, a bill or petition may be filed in any circuit court of the county, in the name of the state, by and upon the relation of any persons named in § 16-105-205 , against the person or persons keeping, maintaining, or carrying on the public nuisance, and all aiders and abettors therein, and the owners, proprietors, or agents or persons or corporations, in charge or control of the building or place wherein the public nuisance exists, for the purpose of having the public nuisance abated and permanently discontinued. (b) (1) However, when a bill or petition is filed by citizens and freeholders, they shall make bond in such sums as the circuit court shall prescribe, conditioned to pay all costs and damages, in the event the circuit court trying the case shall find and adjudge that the proceeding was instituted without probable cause. (2) No bond for costs or damages shall be required when the proceeding is instituted by and upon the relation of the Attorney General or a prosecuting attorney for the state. Acts 1915, No. 109, § 3; C. & M. Dig., § 6198; Pope's Dig., § 10920; A.S.A. 1947, § 34-103; Acts 2003, No. 1185, § 221.

(a) Whenever a public nuisance, as defined in this subchapter, is kept, maintained, carried on, or exists in any county in this state, a bill or petition may be filed in any circuit court of the county, in the name of the state, by and upon the relation of any persons named in § 16-105-205 , against the person or persons keeping, maintaining, or carrying on the public nuisance, and all aiders and abettors therein, and the owners, proprietors, or agents or persons or corporations, in charge or control of the building or place wherein the public nuisance exists, for the purpose of having the public nuisance abated and permanently discontinued.

(b) (1) However, when a bill or petition is filed by citizens and freeholders, they shall make bond in such sums as the circuit court shall prescribe, conditioned to pay all costs and damages, in the event the circuit court trying the case shall find and adjudge that the proceeding was instituted without probable cause. (2) No bond for costs or damages shall be required when the proceeding is instituted by and upon the relation of the Attorney General or a prosecuting attorney for the state.

(1) However, when a bill or petition is filed by citizens and freeholders, they shall make bond in such sums as the circuit court shall prescribe, conditioned to pay all costs and damages, in the event the circuit court trying the case shall find and adjudge that the proceeding was instituted without probable cause.

(2) No bond for costs or damages shall be required when the proceeding is instituted by and upon the relation of the Attorney General or a prosecuting attorney for the state.

Acts 1915, No. 109, § 3; C. & M. Dig., § 6198; Pope's Dig., § 10920; A.S.A. 1947, § 34-103; Acts 2003, No. 1185, § 221.
Ark. Code Ann. § 16-6-201 — AR Code / Title 16 / Chapter 6 / Subchapter 2 / Section 16-6-201
Indigent care - Rules - Definition
Status: in_force

(a) As used in this section, "healthcare professional" means a person who: (1) Is licensed or certified under Subtitle 3 of Title 17; or (2) Is a student or resident of a healthcare profession program leading to a professional degree, a license, or certification under Subtitle 3 of Title 17 who is: (A) Providing services within the scope of the training of that student or resident; and (B) Under the supervision of a person who is licensed in the healthcare profession for which the student is seeking a degree, a license, or a certification. (b) A healthcare professional who renders healthcare services voluntarily and without compensation to any person at any free or low-cost healthcare clinic located in the State of Arkansas and registered by the State Board of Health that accepts no insurance payments and provides healthcare services free of charge to persons unable to pay or provides healthcare services for a nominal fee shall not be liable for any civil damages for any act or omission resulting from the rendering of the healthcare services unless the act or omission was the result of the healthcare professional's gross negligence or willful misconduct. (c) (1) The board may promulgate rules necessary to provide for the registration of free or low-cost healthcare clinics under this section. (2) The rules shall require that each person to whom healthcare services are provided: (A) Has been fully informed before any treatment by the healthcare professional providing the services or by the staff of the healthcare clinic of the immunity from civil suit provisions of this section; and (B) Has acknowledged that fact in writing on a form approved or designated by the Department of Health. (d) The board and its members and the department and its agents and employees are exempt and immune from liability for any claims or damages when performing their duties under this section. (e) The provisions of this section supersede the exception for licensed medical professionals under the Arkansas Volunteer Immunity Act, § 16-6-101 et seq. Amended by Act 2019, No. 315,§ 1286, eff. 7/24/2019. Acts 1997, No. 276, § 1; 2007, No. 120, § 1; 2007, No. 837, § 1.

(a) As used in this section, "healthcare professional" means a person who: (1) Is licensed or certified under Subtitle 3 of Title 17; or (2) Is a student or resident of a healthcare profession program leading to a professional degree, a license, or certification under Subtitle 3 of Title 17 who is: (A) Providing services within the scope of the training of that student or resident; and (B) Under the supervision of a person who is licensed in the healthcare profession for which the student is seeking a degree, a license, or a certification.

(1) Is licensed or certified under Subtitle 3 of Title 17; or

(2) Is a student or resident of a healthcare profession program leading to a professional degree, a license, or certification under Subtitle 3 of Title 17 who is: (A) Providing services within the scope of the training of that student or resident; and (B) Under the supervision of a person who is licensed in the healthcare profession for which the student is seeking a degree, a license, or a certification.

(A) Providing services within the scope of the training of that student or resident; and

(B) Under the supervision of a person who is licensed in the healthcare profession for which the student is seeking a degree, a license, or a certification.

(b) A healthcare professional who renders healthcare services voluntarily and without compensation to any person at any free or low-cost healthcare clinic located in the State of Arkansas and registered by the State Board of Health that accepts no insurance payments and provides healthcare services free of charge to persons unable to pay or provides healthcare services for a nominal fee shall not be liable for any civil damages for any act or omission resulting from the rendering of the healthcare services unless the act or omission was the result of the healthcare professional's gross negligence or willful misconduct.

(c) (1) The board may promulgate rules necessary to provide for the registration of free or low-cost healthcare clinics under this section. (2) The rules shall require that each person to whom healthcare services are provided: (A) Has been fully informed before any treatment by the healthcare professional providing the services or by the staff of the healthcare clinic of the immunity from civil suit provisions of this section; and (B) Has acknowledged that fact in writing on a form approved or designated by the Department of Health.

(1) The board may promulgate rules necessary to provide for the registration of free or low-cost healthcare clinics under this section.

(2) The rules shall require that each person to whom healthcare services are provided: (A) Has been fully informed before any treatment by the healthcare professional providing the services or by the staff of the healthcare clinic of the immunity from civil suit provisions of this section; and (B) Has acknowledged that fact in writing on a form approved or designated by the Department of Health.

(A) Has been fully informed before any treatment by the healthcare professional providing the services or by the staff of the healthcare clinic of the immunity from civil suit provisions of this section; and

(B) Has acknowledged that fact in writing on a form approved or designated by the Department of Health.

(d) The board and its members and the department and its agents and employees are exempt and immune from liability for any claims or damages when performing their duties under this section.

(e) The provisions of this section supersede the exception for licensed medical professionals under the Arkansas Volunteer Immunity Act, § 16-6-101 et seq.

Amended by Act 2019, No. 315,§ 1286, eff. 7/24/2019.

Acts 1997, No. 276, § 1; 2007, No. 120, § 1; 2007, No. 837, § 1.
Ark. Code Ann. § 16-82-102 — AR Code / Title 16 / Chapter 82 / Subchapter 1 / Section 16-82-102
Testing for human immunodeficiency virus - Assault and battery
Status: in_force

(a) A person with acquired immunodeficiency syndrome (AIDS), or who tests positive for the presence of human immunodeficiency virus (HIV) antigens or antibodies or hepatitis, is infectious to law enforcement officers, fire fighters, and emergency medical technicians through the exchange of body fluids during the course of their duties and through the possible transfer of blood or blood products and under these circumstances is a danger to the public. (b) (1) Any person arrested and charged with violating any section of § 5-13-101 et seq. by committing an assault or battery upon a law enforcement officer, fire fighter, or emergency medical technician may be required by a court of competent jurisdiction, upon a finding of reasonable cause to believe that the person committed the offense and subject to constitutional limitations, to be tested for the presence of human immunodeficiency virus (HIV), any antibody to human immunodeficiency virus (HIV), or hepatitis unless the court determines that testing the defendant would be inappropriate and documents the reasons for that determination in the court record. (2) The test shall be confidentially administered by a licensed physician, the Division of Health of the Department of Health and Human Services, or a local health department. (c) (1) If the law enforcement officer, fire fighter, or emergency medical technician victim with whom the defendant engaged in contact consents, the court shall provide the person or agency administering the test with the name, address, and telephone number of the victim. (2) After the defendant is tested as to the presence of human immunodeficiency virus (HIV), an antibody to human immunodeficiency virus (HIV), or hepatitis, the person or agency administering the test shall immediately provide the test results to the victim with whom the defendant engaged in contact and shall refer the victim or other person for appropriate counseling. Acts 1993, No. 438, §§ 1-3.

(a) A person with acquired immunodeficiency syndrome (AIDS), or who tests positive for the presence of human immunodeficiency virus (HIV) antigens or antibodies or hepatitis, is infectious to law enforcement officers, fire fighters, and emergency medical technicians through the exchange of body fluids during the course of their duties and through the possible transfer of blood or blood products and under these circumstances is a danger to the public.

(b) (1) Any person arrested and charged with violating any section of § 5-13-101 et seq. by committing an assault or battery upon a law enforcement officer, fire fighter, or emergency medical technician may be required by a court of competent jurisdiction, upon a finding of reasonable cause to believe that the person committed the offense and subject to constitutional limitations, to be tested for the presence of human immunodeficiency virus (HIV), any antibody to human immunodeficiency virus (HIV), or hepatitis unless the court determines that testing the defendant would be inappropriate and documents the reasons for that determination in the court record. (2) The test shall be confidentially administered by a licensed physician, the Division of Health of the Department of Health and Human Services, or a local health department.

(1) Any person arrested and charged with violating any section of § 5-13-101 et seq. by committing an assault or battery upon a law enforcement officer, fire fighter, or emergency medical technician may be required by a court of competent jurisdiction, upon a finding of reasonable cause to believe that the person committed the offense and subject to constitutional limitations, to be tested for the presence of human immunodeficiency virus (HIV), any antibody to human immunodeficiency virus (HIV), or hepatitis unless the court determines that testing the defendant would be inappropriate and documents the reasons for that determination in the court record.

(2) The test shall be confidentially administered by a licensed physician, the Division of Health of the Department of Health and Human Services, or a local health department.

(c) (1) If the law enforcement officer, fire fighter, or emergency medical technician victim with whom the defendant engaged in contact consents, the court shall provide the person or agency administering the test with the name, address, and telephone number of the victim. (2) After the defendant is tested as to the presence of human immunodeficiency virus (HIV), an antibody to human immunodeficiency virus (HIV), or hepatitis, the person or agency administering the test shall immediately provide the test results to the victim with whom the defendant engaged in contact and shall refer the victim or other person for appropriate counseling.

(1) If the law enforcement officer, fire fighter, or emergency medical technician victim with whom the defendant engaged in contact consents, the court shall provide the person or agency administering the test with the name, address, and telephone number of the victim.

(2) After the defendant is tested as to the presence of human immunodeficiency virus (HIV), an antibody to human immunodeficiency virus (HIV), or hepatitis, the person or agency administering the test shall immediately provide the test results to the victim with whom the defendant engaged in contact and shall refer the victim or other person for appropriate counseling.

Acts 1993, No. 438, §§ 1-3.
Ark. Code Ann. § 16-56-106-d-1 — AR Code / Title 16 / Chapter 56 / Subchapter 1 / Section 16-56-106-d-1
Arkansas Code of 1987 (2024) Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) Subtitle 5 - CIVIL PROCEDURE GENERALLY (§§ 16-55-101 — 16-68-607) Chapter 56 - LIMITATION OF ACTIONS (§§ 16-56-101 — 16-56-201) Subchapter 1 - GENERAL PROVISIONS (§§ 16-56-101 — 16-56-130) Section 16-56-106 - [Effective only if the Consumer Protection for Medical Debt Collections Practices Act, H.R. 5330, 116th Cong. becomes law on or before January 1, 2026.] Recovery of charges for medical services
Status: in_force

(a) No action shall be brought to recover charges for medical services performed or provided prior to April 1, 1985, by a physician or other medical service provider after the expiration of a period of eighteen (18) months from the date the services were performed or provided. (b) An action shall not be brought to recover charges for medical services performed or provided after March 31, 1985, by a physician or other medical service provider after the expiration of a period of five (5) years from the date the services were performed or provided or from the date of the most recent partial payment for the services, whichever is later. Amended by Act 2021, No. 1032,§ 1, eff. only if the Consumer Protection for Medical Debt Collections Practices Act, H.R. 5330, 116th Cong. becomes law on or before January 1, 2026.. Acts 1983, No. 638, § 1; 1985, No. 894, § 1; A.S.A. 1947, § 37-245. This section is set out more than once due to postponed, multiple, or conflicting amendments.

(a) No action shall be brought to recover charges for medical services performed or provided prior to April 1, 1985, by a physician or other medical service provider after the expiration of a period of eighteen (18) months from the date the services were performed or provided.

(b) An action shall not be brought to recover charges for medical services performed or provided after March 31, 1985, by a physician or other medical service provider after the expiration of a period of five (5) years from the date the services were performed or provided or from the date of the most recent partial payment for the services, whichever is later.

Amended by Act 2021, No. 1032,§ 1, eff. only if the Consumer Protection for Medical Debt Collections Practices Act, H.R. 5330, 116th Cong. becomes law on or before January 1, 2026..

Acts 1983, No. 638, § 1; 1985, No. 894, § 1; A.S.A. 1947, § 37-245.

This section is set out more than once due to postponed, multiple, or conflicting amendments.
Ark. Code Ann. § 16-13-710 — AR Code / Title 16 / Chapter 13 / Subchapter 7 / Section 16-13-710
Automated collection procedures
Status: in_force

The Administrative Office of the Courts shall have the responsibility to assist circuit courts and district courts in the assessment and collection of fines and the management and reporting of fine revenue. Acts 1995, No. 1262, § 11; 2001, No. 1809, § 16; 2003, No. 1185, § 97; 2003, No. 1765, § 14; 2007, No. 663, § 34.

The Administrative Office of the Courts shall have the responsibility to assist circuit courts and district courts in the assessment and collection of fines and the management and reporting of fine revenue.

Acts 1995, No. 1262, § 11; 2001, No. 1809, § 16; 2003, No. 1185, § 97; 2003, No. 1765, § 14; 2007, No. 663, § 34.