Ark. Code Ann. § 16-123-307 — AR Code / Title 16 / Chapter 123 / Subchapter 3 / Section 16-123-307
Exemptions - Religious organizations, private clubs, and others - Definitions
Status: in_force

(a) This subchapter does not prohibit a religious organization, association, or society or a nonprofit institution or organization operated, supervised, or controlled by or in conjunction with a religious organization, association, or society from: (1) Limiting the sale, rental, or occupancy of dwellings that it owns or operates for other than a commercial purpose to persons of the same religion, unless membership in the religion is restricted on account of race, color, or national origin; or (2) Giving preference for those dwellings to persons of the same religion, unless membership in the religion is restricted on account of race, color, or national origin. (b) This subchapter does not prohibit a private club not in fact open to the public that, as an incident to its primary purpose, provides lodging that it owns or operates for other than a commercial purpose, from limiting the rental or occupancy of that lodging to its members or from giving preference to its members. (c) (1) Nothing in this subchapter limits the applicability of any reasonable local or state restriction regarding the maximum number of occupants permitted to occupy a dwelling. (2) Nothing in this subchapter shall prohibit a person from refusing to rent a dwelling by reason of reasonable occupancy standards established by the owner or the owner's agent that apply to persons of all ages, and that have been adopted and published before the event in issue. (3) An occupancy limitation of two (2) persons per bedroom residing in a dwelling unit shall be presumed reasonable in this state or any political subdivision of this state. (4) Nothing in this subchapter regarding familial status shall apply to housing for older persons. (d) (1) As used in this section, "housing for older persons" means housing: (A) Provided under any state program that the Director of the Arkansas Fair Housing Commission determines is specifically designed and operated to assist elderly persons, as defined in any state program, or provided under any federal program that the United States Secretary of the Department of Housing and Urban Development determines is specifically designed and operated to assist elderly persons, as defined in any federal program; (B) Intended for, and solely occupied by, persons sixty-two (62) years of age or older; or (C) Intended and operated for occupancy by persons fifty-five (55) years of age or older, and: (i) At least eighty percent (80%) of the occupied units are occupied by at least one (1) person who is fifty-five (55) years of age or older; (ii) The housing facility or community publishes and adheres to policies and procedures that demonstrate the intent required under this subdivision (d)(1); and (iii) (a) The housing facility or community complies with rules issued by the director for verification of occupancy, which shall: (1) Provide for verification by reliable surveys and affidavits; and (2) Include examples of the types of policies and procedures relevant to a determination of compliance with the requirement of this subdivision (d)(1)(C)(iii) (a) . (b) The surveys and affidavits authorized under subdivision (d)(1)(C)(iii) (a) of this section shall be admissible in administrative and judicial proceedings for the purposes of verification. (2) Housing shall not fail to meet the requirements for housing for older persons by reason of persons residing in the housing as of August 13, 2001, who do not meet the age requirements of subdivision (d)(1)(B) of this section or subdivision (d)(1)(C) of this section, if: (A) New occupants of the housing meet the age requirements of subdivision (d)(1)(B) of this section or subdivision (d)(1)(C) of this section; or (B) The units are unoccupied units and are reserved for occupancy by persons who meet the age requirements of subdivision (d)(1)(B) of this section or subdivision (d)(1)(C) of this section. (4) (A) A person shall not be held personally liable for monetary damages for a violation of this subchapter if the person reasonably relied in good faith on the application of the exemption under this section relating to housing for older persons. (B) For the purposes of this subchapter, "good faith reliance" means: (i) The person has no actual knowledge that the facility or community is not, or will not be, eligible for the exemption; and (ii) The facility or community has stated formally in writing that the facility or community complies with the requirements for the exemption. (e) Nothing in this subchapter prohibits discrimination against a person because the person has been convicted by any court of competent jurisdiction of the illegal manufacture or distribution of a controlled substance as defined in § 102 of the Controlled Substance Act, 21 U.S.C. § 802 , as in effect January 1, 2001. Acts 2001, No. 1785, § 8; 2003, No. 1775, § 2.

(a) This subchapter does not prohibit a religious organization, association, or society or a nonprofit institution or organization operated, supervised, or controlled by or in conjunction with a religious organization, association, or society from: (1) Limiting the sale, rental, or occupancy of dwellings that it owns or operates for other than a commercial purpose to persons of the same religion, unless membership in the religion is restricted on account of race, color, or national origin; or (2) Giving preference for those dwellings to persons of the same religion, unless membership in the religion is restricted on account of race, color, or national origin.

(1) Limiting the sale, rental, or occupancy of dwellings that it owns or operates for other than a commercial purpose to persons of the same religion, unless membership in the religion is restricted on account of race, color, or national origin; or

(2) Giving preference for those dwellings to persons of the same religion, unless membership in the religion is restricted on account of race, color, or national origin.

(b) This subchapter does not prohibit a private club not in fact open to the public that, as an incident to its primary purpose, provides lodging that it owns or operates for other than a commercial purpose, from limiting the rental or occupancy of that lodging to its members or from giving preference to its members.

(c) (1) Nothing in this subchapter limits the applicability of any reasonable local or state restriction regarding the maximum number of occupants permitted to occupy a dwelling. (2) Nothing in this subchapter shall prohibit a person from refusing to rent a dwelling by reason of reasonable occupancy standards established by the owner or the owner's agent that apply to persons of all ages, and that have been adopted and published before the event in issue. (3) An occupancy limitation of two (2) persons per bedroom residing in a dwelling unit shall be presumed reasonable in this state or any political subdivision of this state. (4) Nothing in this subchapter regarding familial status shall apply to housing for older persons.

(1) Nothing in this subchapter limits the applicability of any reasonable local or state restriction regarding the maximum number of occupants permitted to occupy a dwelling.

(2) Nothing in this subchapter shall prohibit a person from refusing to rent a dwelling by reason of reasonable occupancy standards established by the owner or the owner's agent that apply to persons of all ages, and that have been adopted and published before the event in issue.

(3) An occupancy limitation of two (2) persons per bedroom residing in a dwelling unit shall be presumed reasonable in this state or any political subdivision of this state.

(4) Nothing in this subchapter regarding familial status shall apply to housing for older persons.

(d) (1) As used in this section, "housing for older persons" means housing: (A) Provided under any state program that the Director of the Arkansas Fair Housing Commission determines is specifically designed and operated to assist elderly persons, as defined in any state program, or provided under any federal program that the United States Secretary of the Department of Housing and Urban Development determines is specifically designed and operated to assist elderly persons, as defined in any federal program; (B) Intended for, and solely occupied by, persons sixty-two (62) years of age or older; or (C) Intended and operated for occupancy by persons fifty-five (55) years of age or older, and: (i) At least eighty percent (80%) of the occupied units are occupied by at least one (1) person who is fifty-five (55) years of age or older; (ii) The housing facility or community publishes and adheres to policies and procedures that demonstrate the intent required under this subdivision (d)(1); and (iii) (a) The housing facility or community complies with rules issued by the director for verification of occupancy, which shall: (1) Provide for verification by reliable surveys and affidavits; and (2) Include examples of the types of policies and procedures relevant to a determination of compliance with the requirement of this subdivision (d)(1)(C)(iii) (a) . (b) The surveys and affidavits authorized under subdivision (d)(1)(C)(iii) (a) of this section shall be admissible in administrative and judicial proceedings for the purposes of verification. (2) Housing shall not fail to meet the requirements for housing for older persons by reason of persons residing in the housing as of August 13, 2001, who do not meet the age requirements of subdivision (d)(1)(B) of this section or subdivision (d)(1)(C) of this section, if: (A) New occupants of the housing meet the age requirements of subdivision (d)(1)(B) of this section or subdivision (d)(1)(C) of this section; or (B) The units are unoccupied units and are reserved for occupancy by persons who meet the age requirements of subdivision (d)(1)(B) of this section or subdivision (d)(1)(C) of this section. (4) (A) A person shall not be held personally liable for monetary damages for a violation of this subchapter if the person reasonably relied in good faith on the application of the exemption under this section relating to housing for older persons. (B) For the purposes of this subchapter, "good faith reliance" means: (i) The person has no actual knowledge that the facility or community is not, or will not be, eligible for the exemption; and (ii) The facility or community has stated formally in writing that the facility or community complies with the requirements for the exemption.

(1) As used in this section, "housing for older persons" means housing: (A) Provided under any state program that the Director of the Arkansas Fair Housing Commission determines is specifically designed and operated to assist elderly persons, as defined in any state program, or provided under any federal program that the United States Secretary of the Department of Housing and Urban Development determines is specifically designed and operated to assist elderly persons, as defined in any federal program; (B) Intended for, and solely occupied by, persons sixty-two (62) years of age or older; or (C) Intended and operated for occupancy by persons fifty-five (55) years of age or older, and: (i) At least eighty percent (80%) of the occupied units are occupied by at least one (1) person who is fifty-five (55) years of age or older; (ii) The housing facility or community publishes and adheres to policies and procedures that demonstrate the intent required under this subdivision (d)(1); and (iii) (a) The housing facility or community complies with rules issued by the director for verification of occupancy, which shall: (1) Provide for verification by reliable surveys and affidavits; and (2) Include examples of the types of policies and procedures relevant to a determination of compliance with the requirement of this subdivision (d)(1)(C)(iii) (a) . (b) The surveys and affidavits authorized under subdivision (d)(1)(C)(iii) (a) of this section shall be admissible in administrative and judicial proceedings for the purposes of verification.

(A) Provided under any state program that the Director of the Arkansas Fair Housing Commission determines is specifically designed and operated to assist elderly persons, as defined in any state program, or provided under any federal program that the United States Secretary of the Department of Housing and Urban Development determines is specifically designed and operated to assist elderly persons, as defined in any federal program;

(B) Intended for, and solely occupied by, persons sixty-two (62) years of age or older; or

(C) Intended and operated for occupancy by persons fifty-five (55) years of age or older, and: (i) At least eighty percent (80%) of the occupied units are occupied by at least one (1) person who is fifty-five (55) years of age or older; (ii) The housing facility or community publishes and adheres to policies and procedures that demonstrate the intent required under this subdivision (d)(1); and (iii) (a) The housing facility or community complies with rules issued by the director for verification of occupancy, which shall: (1) Provide for verification by reliable surveys and affidavits; and (2) Include examples of the types of policies and procedures relevant to a determination of compliance with the requirement of this subdivision (d)(1)(C)(iii) (a) . (b) The surveys and affidavits authorized under subdivision (d)(1)(C)(iii) (a) of this section shall be admissible in administrative and judicial proceedings for the purposes of verification.

(i) At least eighty percent (80%) of the occupied units are occupied by at least one (1) person who is fifty-five (55) years of age or older;

(ii) The housing facility or community publishes and adheres to policies and procedures that demonstrate the intent required under this subdivision (d)(1); and

(iii) (a) The housing facility or community complies with rules issued by the director for verification of occupancy, which shall: (1) Provide for verification by reliable surveys and affidavits; and (2) Include examples of the types of policies and procedures relevant to a determination of compliance with the requirement of this subdivision (d)(1)(C)(iii) (a) . (b) The surveys and affidavits authorized under subdivision (d)(1)(C)(iii) (a) of this section shall be admissible in administrative and judicial proceedings for the purposes of verification.

(a) The housing facility or community complies with rules issued by the director for verification of occupancy, which shall: (1) Provide for verification by reliable surveys and affidavits; and (2) Include examples of the types of policies and procedures relevant to a determination of compliance with the requirement of this subdivision (d)(1)(C)(iii) (a) .

(1) Provide for verification by reliable surveys and affidavits; and

(2) Include examples of the types of policies and procedures relevant to a determination of compliance with the requirement of this subdivision (d)(1)(C)(iii) (a) .

(b) The surveys and affidavits authorized under subdivision (d)(1)(C)(iii) (a) of this section shall be admissible in administrative and judicial proceedings for the purposes of verification.

(2) Housing shall not fail to meet the requirements for housing for older persons by reason of persons residing in the housing as of August 13, 2001, who do not meet the age requirements of subdivision (d)(1)(B) of this section or subdivision (d)(1)(C) of this section, if: (A) New occupants of the housing meet the age requirements of subdivision (d)(1)(B) of this section or subdivision (d)(1)(C) of this section; or (B) The units are unoccupied units and are reserved for occupancy by persons who meet the age requirements of subdivision (d)(1)(B) of this section or subdivision (d)(1)(C) of this section.

(A) New occupants of the housing meet the age requirements of subdivision (d)(1)(B) of this section or subdivision (d)(1)(C) of this section; or

(B) The units are unoccupied units and are reserved for occupancy by persons who meet the age requirements of subdivision (d)(1)(B) of this section or subdivision (d)(1)(C) of this section.

(4) (A) A person shall not be held personally liable for monetary damages for a violation of this subchapter if the person reasonably relied in good faith on the application of the exemption under this section relating to housing for older persons. (B) For the purposes of this subchapter, "good faith reliance" means: (i) The person has no actual knowledge that the facility or community is not, or will not be, eligible for the exemption; and (ii) The facility or community has stated formally in writing that the facility or community complies with the requirements for the exemption.

(A) A person shall not be held personally liable for monetary damages for a violation of this subchapter if the person reasonably relied in good faith on the application of the exemption under this section relating to housing for older persons.

(B) For the purposes of this subchapter, "good faith reliance" means: (i) The person has no actual knowledge that the facility or community is not, or will not be, eligible for the exemption; and (ii) The facility or community has stated formally in writing that the facility or community complies with the requirements for the exemption.

(i) The person has no actual knowledge that the facility or community is not, or will not be, eligible for the exemption; and

(ii) The facility or community has stated formally in writing that the facility or community complies with the requirements for the exemption.

(e) Nothing in this subchapter prohibits discrimination against a person because the person has been convicted by any court of competent jurisdiction of the illegal manufacture or distribution of a controlled substance as defined in § 102 of the Controlled Substance Act, 21 U.S.C. § 802 , as in effect January 1, 2001.

Acts 2001, No. 1785, § 8; 2003, No. 1775, § 2.
Ark. Code Ann. § 16-21-144 — AR Code / Title 16 / Chapter 21 / Subchapter 1 / Section 16-21-144
The Twentieth Judicial District
Status: in_force

The Twentieth Judicial District shall be a Division A Judicial District. Acts 1993, No. 1306, § 1.

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

Acts 1993, No. 1306, § 1.
Ark. Code Ann. § 16-10-803 — AR Code / Title 16 / Chapter 10 / Subchapter 8 / Section 16-10-803
Payment
Status: in_force

(a) The Administrative Office of the Courts may pay from funds specifically appropriated for this purpose a substitute trial court administrator for the services furnished to the circuit judge under this subchapter. (b) The substitute trial court administrator shall be paid at the rate of one hundred twenty-five dollars ($125) per day. Amended by Act 2015, No. 268,§ 3, eff. 7/1/2015. Acts 1999, No. 393, § 3; 2001, No. 509, § 1; 2005, No. 461, § 1.

(a) The Administrative Office of the Courts may pay from funds specifically appropriated for this purpose a substitute trial court administrator for the services furnished to the circuit judge under this subchapter.

(b) The substitute trial court administrator shall be paid at the rate of one hundred twenty-five dollars ($125) per day.

Amended by Act 2015, No. 268,§ 3, eff. 7/1/2015.

Acts 1999, No. 393, § 3; 2001, No. 509, § 1; 2005, No. 461, § 1.
Ark. Code Ann. § 16-90-1008 — AR Code / Title 16 / Chapter 90 / Subchapter 10 / Section 16-90-1008
Payments from probationers
Status: in_force

(a) A court may not order a probationer to make any payments as a term and condition of probation, except for fines, court costs, restitution of the victim, payment to a local crime stoppers program under subsection (b) of this section, and other terms and conditions expressly authorized by statute. (b) (1) In addition to any other terms and conditions imposed under this section, the court may require the probationer as a condition of his or her probation to make one (1) payment in any amount not to exceed fifty dollars ($50.00) to a local crime stoppers program and as certified by the Crime Victims Reparations Board. (2) In imposing the condition, the court shall consider the ability of the probationer to make the payment and the effectiveness and fiscal responsibility of the local crime stoppers program. (c) (1) A local crime stoppers program that receives a payment from a probationer may not use the payment for any purpose other than the payment of a reward to a person who reports information concerning criminal activity. (2) No later than January 15 of each year, a local crime stoppers program that receives or expends money under this section shall file a detailed report with the Adult Probation Office of the Department of Community Correction that accounts for all money received and expended under this section during the preceding calendar year. Acts 1995, No. 1300, § 7.

(a) A court may not order a probationer to make any payments as a term and condition of probation, except for fines, court costs, restitution of the victim, payment to a local crime stoppers program under subsection (b) of this section, and other terms and conditions expressly authorized by statute.

(b) (1) In addition to any other terms and conditions imposed under this section, the court may require the probationer as a condition of his or her probation to make one (1) payment in any amount not to exceed fifty dollars ($50.00) to a local crime stoppers program and as certified by the Crime Victims Reparations Board. (2) In imposing the condition, the court shall consider the ability of the probationer to make the payment and the effectiveness and fiscal responsibility of the local crime stoppers program.

(1) In addition to any other terms and conditions imposed under this section, the court may require the probationer as a condition of his or her probation to make one (1) payment in any amount not to exceed fifty dollars ($50.00) to a local crime stoppers program and as certified by the Crime Victims Reparations Board.

(2) In imposing the condition, the court shall consider the ability of the probationer to make the payment and the effectiveness and fiscal responsibility of the local crime stoppers program.

(c) (1) A local crime stoppers program that receives a payment from a probationer may not use the payment for any purpose other than the payment of a reward to a person who reports information concerning criminal activity. (2) No later than January 15 of each year, a local crime stoppers program that receives or expends money under this section shall file a detailed report with the Adult Probation Office of the Department of Community Correction that accounts for all money received and expended under this section during the preceding calendar year.

(1) A local crime stoppers program that receives a payment from a probationer may not use the payment for any purpose other than the payment of a reward to a person who reports information concerning criminal activity.

(2) No later than January 15 of each year, a local crime stoppers program that receives or expends money under this section shall file a detailed report with the Adult Probation Office of the Department of Community Correction that accounts for all money received and expended under this section during the preceding calendar year.

Acts 1995, No. 1300, § 7.
Ark. Code Ann. § 16-93-604 — AR Code / Title 16 / Chapter 93 / Subchapter 6 / Section 16-93-604
Felonies committed between April 1, 1977, and April 1, 1983 - Parole eligibility
Status: in_force

(a) A person who committed felonies prior to April 1, 1977, and who was convicted and incarcerated therefor, is eligible for release on parole in accordance with the parole eligibility law in effect at the time the crime was committed. (b) A person who committed felonies on and after April 1, 1977, and prior to April 1, 1983, and who has been convicted and incarcerated therefor, is eligible for release on parole as follows: (1) An inmate under sentence of death or life imprisonment without parole is not eligible for release on parole but may be pardoned or have his or her sentence commuted by the Governor, as provided by law. An inmate sentenced to life imprisonment is not eligible for release on parole unless the sentence is commuted to a term of years by executive clemency. Upon commutation, the inmate is eligible for release on parole as provided in this section; (2) An inmate classified as a first offender under § 16-93-603 , except one under twenty-one (21) years of age as described in subsection (c) of this section and except one who pleads guilty to or has been convicted of a Class Y felony, upon entering a correctional institution in this state under sentence from a circuit court is not eligible for release on parole until a minimum of one-third (1/3) of his or her sentence has been served, with credit for good-time allowances, or one-third (1/3) of the time to which the sentence is commuted by executive clemency is served, with credit for good-time allowances. However, if the trier of fact determines that a deadly weapon was used in the commission of the crime, a first offender twenty-one (21) years of age or older shall not be eligible for release on parole until a minimum of one-half (½) of the sentence is served, with credit for good-time allowances; (3) An inmate classified as a second offender under § 16-93-603 and one who pleads guilty to or is convicted of a Class Y felony, upon entering a correctional institution in this state under sentence from a circuit court, is not eligible for release on parole until a minimum of one-half (½) of his or her sentence is served, with credit for good-time allowances, or one-half (½) of the time to which sentence is commuted by executive clemency, with credit for good-time allowances; (4) An inmate classified as a third offender under § 16-93-603 , upon entering a correctional institution in this state under sentence from a circuit court, is not eligible for release on parole until a minimum of three-fourths (¾) of his or her sentence is served, with credit for good-time allowances, or three-fourths (¾) of the time to which sentence is commuted by executive clemency, with credit for good-time allowances; and (5) An inmate classified as a fourth offender under § 16-93-603 , upon entering a correctional institution in this state under sentence from a circuit court, is not eligible for parole, but is entitled to good-time allowances as provided by law. (c) Any person under twenty-one (21) years of age who is first convicted of a felony and committed to the first offender penal institution or to the Department of Correction for a term of years is eligible for parole at any time, unless a minimum time to be served is imposed consisting of not more than one-third (1/3) of the total time sentenced. In the event the individual is sentenced to a minimum time to be served, he or she is eligible for release on parole after serving the minimum time prescribed, with credit for good-time allowances, and for commutation by the exercise of executive clemency. (d) (1) When any convicted felon, while on parole, is convicted of another felony, the felon is to be committed to the Department of Correction to serve the remainder of his or her original sentence, including any portion suspended, with credit for good-time allowances. Upon conviction for the subsequent felony, the court is to require the sentence for the subsequent felony to be served consecutively with the sentence for the previous felony. (2) Any person found guilty of a felony and placed on probation or suspended sentence therefor who is subsequently found guilty of another felony committed while on probation or suspended sentence is to be committed to the Department of Correction to serve the remainder of his or her suspended sentence plus the sentence imposed for the subsequent felony. The sentence imposed for the subsequent felony is to be served consecutively with the remainder of the suspended sentence. (e) For parole eligibility purposes, consecutive sentences by one (1) or more courts or for one (1) or more counts is considered as a single commitment reflecting the cumulative sentence to be served. (f) Nothing in this section shall be construed to reduce, lessen, or in any manner take away or affect the good-time allowances earned by any individual prior to April 1, 1977. Acts 1977, No. 93, § 2; 1981, No. 620, § 16; A.S.A. 1947, § 43-2829.

(a) A person who committed felonies prior to April 1, 1977, and who was convicted and incarcerated therefor, is eligible for release on parole in accordance with the parole eligibility law in effect at the time the crime was committed.

(b) A person who committed felonies on and after April 1, 1977, and prior to April 1, 1983, and who has been convicted and incarcerated therefor, is eligible for release on parole as follows: (1) An inmate under sentence of death or life imprisonment without parole is not eligible for release on parole but may be pardoned or have his or her sentence commuted by the Governor, as provided by law. An inmate sentenced to life imprisonment is not eligible for release on parole unless the sentence is commuted to a term of years by executive clemency. Upon commutation, the inmate is eligible for release on parole as provided in this section; (2) An inmate classified as a first offender under § 16-93-603 , except one under twenty-one (21) years of age as described in subsection (c) of this section and except one who pleads guilty to or has been convicted of a Class Y felony, upon entering a correctional institution in this state under sentence from a circuit court is not eligible for release on parole until a minimum of one-third (1/3) of his or her sentence has been served, with credit for good-time allowances, or one-third (1/3) of the time to which the sentence is commuted by executive clemency is served, with credit for good-time allowances. However, if the trier of fact determines that a deadly weapon was used in the commission of the crime, a first offender twenty-one (21) years of age or older shall not be eligible for release on parole until a minimum of one-half (½) of the sentence is served, with credit for good-time allowances; (3) An inmate classified as a second offender under § 16-93-603 and one who pleads guilty to or is convicted of a Class Y felony, upon entering a correctional institution in this state under sentence from a circuit court, is not eligible for release on parole until a minimum of one-half (½) of his or her sentence is served, with credit for good-time allowances, or one-half (½) of the time to which sentence is commuted by executive clemency, with credit for good-time allowances; (4) An inmate classified as a third offender under § 16-93-603 , upon entering a correctional institution in this state under sentence from a circuit court, is not eligible for release on parole until a minimum of three-fourths (¾) of his or her sentence is served, with credit for good-time allowances, or three-fourths (¾) of the time to which sentence is commuted by executive clemency, with credit for good-time allowances; and (5) An inmate classified as a fourth offender under § 16-93-603 , upon entering a correctional institution in this state under sentence from a circuit court, is not eligible for parole, but is entitled to good-time allowances as provided by law.

(1) An inmate under sentence of death or life imprisonment without parole is not eligible for release on parole but may be pardoned or have his or her sentence commuted by the Governor, as provided by law. An inmate sentenced to life imprisonment is not eligible for release on parole unless the sentence is commuted to a term of years by executive clemency. Upon commutation, the inmate is eligible for release on parole as provided in this section;

(2) An inmate classified as a first offender under § 16-93-603 , except one under twenty-one (21) years of age as described in subsection (c) of this section and except one who pleads guilty to or has been convicted of a Class Y felony, upon entering a correctional institution in this state under sentence from a circuit court is not eligible for release on parole until a minimum of one-third (1/3) of his or her sentence has been served, with credit for good-time allowances, or one-third (1/3) of the time to which the sentence is commuted by executive clemency is served, with credit for good-time allowances. However, if the trier of fact determines that a deadly weapon was used in the commission of the crime, a first offender twenty-one (21) years of age or older shall not be eligible for release on parole until a minimum of one-half (½) of the sentence is served, with credit for good-time allowances;

(3) An inmate classified as a second offender under § 16-93-603 and one who pleads guilty to or is convicted of a Class Y felony, upon entering a correctional institution in this state under sentence from a circuit court, is not eligible for release on parole until a minimum of one-half (½) of his or her sentence is served, with credit for good-time allowances, or one-half (½) of the time to which sentence is commuted by executive clemency, with credit for good-time allowances;

(4) An inmate classified as a third offender under § 16-93-603 , upon entering a correctional institution in this state under sentence from a circuit court, is not eligible for release on parole until a minimum of three-fourths (¾) of his or her sentence is served, with credit for good-time allowances, or three-fourths (¾) of the time to which sentence is commuted by executive clemency, with credit for good-time allowances; and

(5) An inmate classified as a fourth offender under § 16-93-603 , upon entering a correctional institution in this state under sentence from a circuit court, is not eligible for parole, but is entitled to good-time allowances as provided by law.

(c) Any person under twenty-one (21) years of age who is first convicted of a felony and committed to the first offender penal institution or to the Department of Correction for a term of years is eligible for parole at any time, unless a minimum time to be served is imposed consisting of not more than one-third (1/3) of the total time sentenced. In the event the individual is sentenced to a minimum time to be served, he or she is eligible for release on parole after serving the minimum time prescribed, with credit for good-time allowances, and for commutation by the exercise of executive clemency.

(d) (1) When any convicted felon, while on parole, is convicted of another felony, the felon is to be committed to the Department of Correction to serve the remainder of his or her original sentence, including any portion suspended, with credit for good-time allowances. Upon conviction for the subsequent felony, the court is to require the sentence for the subsequent felony to be served consecutively with the sentence for the previous felony. (2) Any person found guilty of a felony and placed on probation or suspended sentence therefor who is subsequently found guilty of another felony committed while on probation or suspended sentence is to be committed to the Department of Correction to serve the remainder of his or her suspended sentence plus the sentence imposed for the subsequent felony. The sentence imposed for the subsequent felony is to be served consecutively with the remainder of the suspended sentence.

(1) When any convicted felon, while on parole, is convicted of another felony, the felon is to be committed to the Department of Correction to serve the remainder of his or her original sentence, including any portion suspended, with credit for good-time allowances. Upon conviction for the subsequent felony, the court is to require the sentence for the subsequent felony to be served consecutively with the sentence for the previous felony.

(2) Any person found guilty of a felony and placed on probation or suspended sentence therefor who is subsequently found guilty of another felony committed while on probation or suspended sentence is to be committed to the Department of Correction to serve the remainder of his or her suspended sentence plus the sentence imposed for the subsequent felony. The sentence imposed for the subsequent felony is to be served consecutively with the remainder of the suspended sentence.

(e) For parole eligibility purposes, consecutive sentences by one (1) or more courts or for one (1) or more counts is considered as a single commitment reflecting the cumulative sentence to be served.

(f) Nothing in this section shall be construed to reduce, lessen, or in any manner take away or affect the good-time allowances earned by any individual prior to April 1, 1977.

Acts 1977, No. 93, § 2; 1981, No. 620, § 16; A.S.A. 1947, § 43-2829.
Ark. Code Ann. § 16-117-406 — AR Code / Title 16 / Chapter 117 / Subchapter 4 / Section 16-117-406
Account of assignee - Allowances to assignee
Status: in_force

(a) The assignee shall, in the circuit court of the county in which the assignment is made, after one (1) year from the date of the assignment, and every year thereafter until the proceeds of the property assigned are disposed of for the benefit of creditors, present to the circuit court a fair written statement or current account in which the assignee shall charge himself or herself with the whole amount of the property assigned, including all debts due or to become due, and credit himself or herself with all sums of money expended, either by payment of debts or otherwise, exhibiting with the account the receipts and vouchers for all moneys paid out to the creditors of the assignment. (b) The account so made out shall be filed in the office of the clerk of the circuit court of the county and become a part of the record thereof. Certified copies of the account shall be competent evidence of the facts contained therein, in any of the courts of this state, in the same manner and to the same extent as the records of any other court. (c) The account shall be carefully examined by the circuit court. Upon the examination the circuit court shall allow the assignee for all debts with which he or she stands charged, which the circuit court shall be satisfied could not be collected, and shall allow the assignee any sum not exceeding ten percent (10%) on all sums less than one thousand dollars ($1,000), and on all sums over one thousand dollars ($1,000), five percent (5%) for his or her risk and trouble in attending to the settlement of the assignment. Acts 1859, No. 137, § 2, p. 151; 1883, No. 38, § 2, p. 60; C. & M. Dig., §§ 492, 493; Pope's Dig., §§ 529, 530; A.S.A. 1947, §§ 36-307, 36-308; Acts 2003, No. 1185, § 242.

(a) The assignee shall, in the circuit court of the county in which the assignment is made, after one (1) year from the date of the assignment, and every year thereafter until the proceeds of the property assigned are disposed of for the benefit of creditors, present to the circuit court a fair written statement or current account in which the assignee shall charge himself or herself with the whole amount of the property assigned, including all debts due or to become due, and credit himself or herself with all sums of money expended, either by payment of debts or otherwise, exhibiting with the account the receipts and vouchers for all moneys paid out to the creditors of the assignment.

(b) The account so made out shall be filed in the office of the clerk of the circuit court of the county and become a part of the record thereof. Certified copies of the account shall be competent evidence of the facts contained therein, in any of the courts of this state, in the same manner and to the same extent as the records of any other court.

(c) The account shall be carefully examined by the circuit court. Upon the examination the circuit court shall allow the assignee for all debts with which he or she stands charged, which the circuit court shall be satisfied could not be collected, and shall allow the assignee any sum not exceeding ten percent (10%) on all sums less than one thousand dollars ($1,000), and on all sums over one thousand dollars ($1,000), five percent (5%) for his or her risk and trouble in attending to the settlement of the assignment.

Acts 1859, No. 137, § 2, p. 151; 1883, No. 38, § 2, p. 60; C. & M. Dig., §§ 492, 493; Pope's Dig., §§ 529, 530; A.S.A. 1947, §§ 36-307, 36-308; Acts 2003, No. 1185, § 242.
Ark. Code Ann. § 16-88-114 — AR Code / Title 16 / Chapter 88 / Subchapter 1 / Section 16-88-114
Jurisdiction of counties - Accessories to felonies
Status: in_force

(a) An indictment against any accessory to any felony may be found in any county where the offense of the accessory may have been committed, notwithstanding the fact that the principal offense may have been committed in another county. (b) The like proceedings shall be had therein, in all respects, as if the principal offense had been committed in the same county. Rev. Stat., ch. 45, § 97; C. & M. Dig., § 2872; Pope's Dig., § 3688; A.S.A. 1947, § 43-1424.

(a) An indictment against any accessory to any felony may be found in any county where the offense of the accessory may have been committed, notwithstanding the fact that the principal offense may have been committed in another county.

(b) The like proceedings shall be had therein, in all respects, as if the principal offense had been committed in the same county.

Rev. Stat., ch. 45, § 97; C. & M. Dig., § 2872; Pope's Dig., § 3688; A.S.A. 1947, § 43-1424.
Ark. Code Ann. § 16-65-602 — AR Code / Title 16 / Chapter 65 / Subchapter 6 / Section 16-65-602
Entry of satisfaction
Status: in_force

(a) Whenever the whole judgment shall appear to be satisfied by the return of an execution, it shall be the duty of the clerk to enter in the judgment book, in the space left for that purpose, "satisfied by execution". (b) (1) Whenever a judgment is satisfied otherwise than upon an execution, it shall be the duty of the party or his or her attorney within sixty (60) days thereafter to enter satisfaction in the judgment book, which shall be sufficiently done by writing the words "satisfied in full", with the date of the entry and the signature of the party making it. (2) The court may on motion and notice compel an entry of satisfaction to be made. (3) (A) Satisfaction of a judgment or decree may be entered by the plaintiff in person, by his or her attorney of record, or by an agent duly authorized in writing for that purpose under the hand of the plaintiff. (B) When the entry of satisfaction is made by an agent, his or her authority shall be filed in the office of the clerk of the court in which the judgment or decree may be. (4) If the person receiving satisfaction for any judgment or decree neglects or fails to enter satisfaction within the time prescribed in subdivision (b)(1) of this section, the person shall forfeit and pay to the person against whom the judgment or decree may have been entered any sum not exceeding one hundred fifty dollars ($150) nor less than five dollars ($5.00), to be recovered in an action founded on this act. (c) (1) If the person receiving satisfaction of any judgment or decree neglects or refuses to acknowledge the satisfaction of the judgment or decree within the time prescribed by subdivision (b)(1) of this section, the party interested may, on notice given to the adverse party or his or her attorney, apply to the court to have satisfaction entered. (2) If the court is satisfied that the plaintiff or his or her agent or attorney has received full satisfaction of the judgment or decree, an order shall be made directing the clerk to enter satisfaction on the judgment or decree, which shall have the same effect as if it had been acknowledged by the party. (3) The costs attending the application shall be recovered of the party so refusing, by execution, as in other cases. (d) Satisfaction entered in accordance with the provisions of this section shall forever discharge and release the judgment or decree. Rev. Stat., ch. 84, §§ 19-21, 23-26; C. & M. Dig., §§ 6325-6332; Pope's Dig., §§ 8280-8287; A.S.A. 1947, §§ 29-702 -- 29-708.

(a) Whenever the whole judgment shall appear to be satisfied by the return of an execution, it shall be the duty of the clerk to enter in the judgment book, in the space left for that purpose, "satisfied by execution".

(b) (1) Whenever a judgment is satisfied otherwise than upon an execution, it shall be the duty of the party or his or her attorney within sixty (60) days thereafter to enter satisfaction in the judgment book, which shall be sufficiently done by writing the words "satisfied in full", with the date of the entry and the signature of the party making it. (2) The court may on motion and notice compel an entry of satisfaction to be made. (3) (A) Satisfaction of a judgment or decree may be entered by the plaintiff in person, by his or her attorney of record, or by an agent duly authorized in writing for that purpose under the hand of the plaintiff. (B) When the entry of satisfaction is made by an agent, his or her authority shall be filed in the office of the clerk of the court in which the judgment or decree may be. (4) If the person receiving satisfaction for any judgment or decree neglects or fails to enter satisfaction within the time prescribed in subdivision (b)(1) of this section, the person shall forfeit and pay to the person against whom the judgment or decree may have been entered any sum not exceeding one hundred fifty dollars ($150) nor less than five dollars ($5.00), to be recovered in an action founded on this act.

(1) Whenever a judgment is satisfied otherwise than upon an execution, it shall be the duty of the party or his or her attorney within sixty (60) days thereafter to enter satisfaction in the judgment book, which shall be sufficiently done by writing the words "satisfied in full", with the date of the entry and the signature of the party making it.

(2) The court may on motion and notice compel an entry of satisfaction to be made.

(3) (A) Satisfaction of a judgment or decree may be entered by the plaintiff in person, by his or her attorney of record, or by an agent duly authorized in writing for that purpose under the hand of the plaintiff. (B) When the entry of satisfaction is made by an agent, his or her authority shall be filed in the office of the clerk of the court in which the judgment or decree may be.

(A) Satisfaction of a judgment or decree may be entered by the plaintiff in person, by his or her attorney of record, or by an agent duly authorized in writing for that purpose under the hand of the plaintiff.

(B) When the entry of satisfaction is made by an agent, his or her authority shall be filed in the office of the clerk of the court in which the judgment or decree may be.

(4) If the person receiving satisfaction for any judgment or decree neglects or fails to enter satisfaction within the time prescribed in subdivision (b)(1) of this section, the person shall forfeit and pay to the person against whom the judgment or decree may have been entered any sum not exceeding one hundred fifty dollars ($150) nor less than five dollars ($5.00), to be recovered in an action founded on this act.

(c) (1) If the person receiving satisfaction of any judgment or decree neglects or refuses to acknowledge the satisfaction of the judgment or decree within the time prescribed by subdivision (b)(1) of this section, the party interested may, on notice given to the adverse party or his or her attorney, apply to the court to have satisfaction entered. (2) If the court is satisfied that the plaintiff or his or her agent or attorney has received full satisfaction of the judgment or decree, an order shall be made directing the clerk to enter satisfaction on the judgment or decree, which shall have the same effect as if it had been acknowledged by the party. (3) The costs attending the application shall be recovered of the party so refusing, by execution, as in other cases.

(1) If the person receiving satisfaction of any judgment or decree neglects or refuses to acknowledge the satisfaction of the judgment or decree within the time prescribed by subdivision (b)(1) of this section, the party interested may, on notice given to the adverse party or his or her attorney, apply to the court to have satisfaction entered.

(2) If the court is satisfied that the plaintiff or his or her agent or attorney has received full satisfaction of the judgment or decree, an order shall be made directing the clerk to enter satisfaction on the judgment or decree, which shall have the same effect as if it had been acknowledged by the party.

(3) The costs attending the application shall be recovered of the party so refusing, by execution, as in other cases.

(d) Satisfaction entered in accordance with the provisions of this section shall forever discharge and release the judgment or decree.

Rev. Stat., ch. 84, §§ 19-21, 23-26; C. & M. Dig., §§ 6325-6332; Pope's Dig., §§ 8280-8287; A.S.A. 1947, §§ 29-702 -- 29-708.
Ark. Code Ann. § 16-129-104 — AR Code / Title 16 / Chapter 129 / Section 16-129-104
Exceptions to liability
Status: in_force

(a) In this section: (1) "Child" means an unemancipated individual who is less than 18 years of age. (2) "Parent" means an individual recognized as a parent under law of this state other than this chapter. (b) A person is not liable under this chapter if the person proves that disclosure of an intimate image was: (1) made in good faith in: (A) law enforcement; (B) a legal proceeding; or (C) medical education or treatment; (2) made in good faith in the reporting or investigation of: (A) unlawful conduct; or (B) unsolicited and unwelcome conduct; (3) related to a matter of public concern or public interest; or (4) reasonably intended to assist the depicted individual. (c) Subject to subsection (d), a defendant who is a parent, legal guardian, or individual with legal custody of a child is not liable under this chapter for a disclosure of an intimate image, as defined in § 16-129-102(7)(A) , of the child. (d) If a defendant asserts an exception to liability under subsection (c), the exception does not apply if the plaintiff proves the disclosure was: (1) prohibited by law other than this chapter; or (2) made for the purpose of sexual arousal, sexual gratification, humiliation, degradation, or monetary or commercial gain. (e) Disclosure of an intimate image is not a matter of public concern or public interest solely because the depicted individual is a public figure. Added by Act 2021, No. 420,§ 1, eff. 7/28/2021.

(a) In this section: (1) "Child" means an unemancipated individual who is less than 18 years of age. (2) "Parent" means an individual recognized as a parent under law of this state other than this chapter.

(1) "Child" means an unemancipated individual who is less than 18 years of age.

(2) "Parent" means an individual recognized as a parent under law of this state other than this chapter.

(b) A person is not liable under this chapter if the person proves that disclosure of an intimate image was: (1) made in good faith in: (A) law enforcement; (B) a legal proceeding; or (C) medical education or treatment; (2) made in good faith in the reporting or investigation of: (A) unlawful conduct; or (B) unsolicited and unwelcome conduct; (3) related to a matter of public concern or public interest; or (4) reasonably intended to assist the depicted individual.

(1) made in good faith in: (A) law enforcement; (B) a legal proceeding; or (C) medical education or treatment;

(A) law enforcement;

(B) a legal proceeding; or

(C) medical education or treatment;

(2) made in good faith in the reporting or investigation of: (A) unlawful conduct; or (B) unsolicited and unwelcome conduct;

(A) unlawful conduct; or

(B) unsolicited and unwelcome conduct;

(3) related to a matter of public concern or public interest; or

(4) reasonably intended to assist the depicted individual.

(c) Subject to subsection (d), a defendant who is a parent, legal guardian, or individual with legal custody of a child is not liable under this chapter for a disclosure of an intimate image, as defined in § 16-129-102(7)(A) , of the child.

(d) If a defendant asserts an exception to liability under subsection (c), the exception does not apply if the plaintiff proves the disclosure was: (1) prohibited by law other than this chapter; or (2) made for the purpose of sexual arousal, sexual gratification, humiliation, degradation, or monetary or commercial gain.

(1) prohibited by law other than this chapter; or

(2) made for the purpose of sexual arousal, sexual gratification, humiliation, degradation, or monetary or commercial gain.

(e) Disclosure of an intimate image is not a matter of public concern or public interest solely because the depicted individual is a public figure.

Added by Act 2021, No. 420,§ 1, eff. 7/28/2021.
Ark. Code Ann. § 16-110-404 — AR Code / Title 16 / Chapter 110 / Subchapter 4 / Section 16-110-404
Answers to interrogatories
Status: in_force

The garnishee shall, on the return day named in the writ, exhibit and file, under his or her oath, full, direct, and true answers to all such allegations and interrogatories as may have been exhibited against him or her by the plaintiff. Acts 1889, No. 115, § 4, p. 168; C. & M. Dig., § 4911; Pope's Dig., § 6124; A.S.A. 1947, § 31-506.

The garnishee shall, on the return day named in the writ, exhibit and file, under his or her oath, full, direct, and true answers to all such allegations and interrogatories as may have been exhibited against him or her by the plaintiff.

Acts 1889, No. 115, § 4, p. 168; C. & M. Dig., § 4911; Pope's Dig., § 6124; A.S.A. 1947, § 31-506.
Ark. Code Ann. § 16-46-105 — AR Code / Title 16 / Chapter 46 / Subchapter 1 / Section 16-46-105
Records of and testimony before committees reviewing and evaluating quality of medical or hospital care
Status: in_force

(a) (1) (A) The proceedings, minutes, records, or reports of organized committees of hospital medical staffs or medical review committees of local medical societies, or a committee organized by and operating pursuant to a written plan or policy under the auspices of a professional corporation or a professional limited liability company whose members are licensed to practice medicine in this state, having the responsibility for reviewing and evaluating the quality of medical or hospital care, and any records, other than those records described in subsection (c) of this section, compiled or accumulated by the administrative staff of such hospitals or a physician group peer review committee as defined under § 20-9-501 in connection with such review or evaluation, together with all communications or reports originating in such committees, shall not be subject to discovery pursuant to the Arkansas Rules of Civil Procedure or the Freedom of Information Act of 1967, § 25-19-101 et seq., or admissible in any legal proceeding and shall be absolutely privileged communications. (B) The submission of such proceedings, minutes, records, reports, and communications to a hospital governing board or physician group peer review committee as defined under § 20-9-501 shall not operate as a waiver of the privilege. (2) Neither shall testimony as to events occurring during the activities of such committees be subject to discovery pursuant to the Arkansas Rules of Civil Procedure or the Freedom of Information Act of 1967, § 25-19-101 et seq., or admissible. (b) (1) Nothing in this section shall be construed to prevent disclosure of the data mentioned in subsection (a) of this section to appropriate state or federal regulatory agencies which by statute or regulation are entitled to access to such data, nor to: (A) An organized committee of hospital medical staffs or governing boards where the medical practitioner seeks membership or clinical privileges; or (B) A committee organized by and operating pursuant to a written plan or policy under the auspices of a professional corporation or a professional limited liability company whose members are licensed to practice medicine in this state. (2) Further, nothing in this section shall be construed to prevent discovery and admissibility if the legal action in which such data is sought is brought by a medical practitioner who has been subjected to censure or disciplinary action by such agency or committee or by a hospital medical staff or governing board. (c) Nothing in this section or § 20-9-308 shall be construed to apply to original hospital medical records, incident reports, or other records with respect to the care or treatment of any patient or to affect the discoverability or admissibility of such records. Amended by Act 2013, No. 441,§ 4, eff. 8/16/2013. Amended by Act 2013, No. 441,§ 3, eff. 8/16/2013. Acts 1977, No. 445, §§ 1, 3; A.S.A. 1947, §§ 28-934, 28-935; Acts 1995, No. 885, § 1; 1999, No. 1536, § 8.

(a) (1) (A) The proceedings, minutes, records, or reports of organized committees of hospital medical staffs or medical review committees of local medical societies, or a committee organized by and operating pursuant to a written plan or policy under the auspices of a professional corporation or a professional limited liability company whose members are licensed to practice medicine in this state, having the responsibility for reviewing and evaluating the quality of medical or hospital care, and any records, other than those records described in subsection (c) of this section, compiled or accumulated by the administrative staff of such hospitals or a physician group peer review committee as defined under § 20-9-501 in connection with such review or evaluation, together with all communications or reports originating in such committees, shall not be subject to discovery pursuant to the Arkansas Rules of Civil Procedure or the Freedom of Information Act of 1967, § 25-19-101 et seq., or admissible in any legal proceeding and shall be absolutely privileged communications. (B) The submission of such proceedings, minutes, records, reports, and communications to a hospital governing board or physician group peer review committee as defined under § 20-9-501 shall not operate as a waiver of the privilege. (2) Neither shall testimony as to events occurring during the activities of such committees be subject to discovery pursuant to the Arkansas Rules of Civil Procedure or the Freedom of Information Act of 1967, § 25-19-101 et seq., or admissible.

(1) (A) The proceedings, minutes, records, or reports of organized committees of hospital medical staffs or medical review committees of local medical societies, or a committee organized by and operating pursuant to a written plan or policy under the auspices of a professional corporation or a professional limited liability company whose members are licensed to practice medicine in this state, having the responsibility for reviewing and evaluating the quality of medical or hospital care, and any records, other than those records described in subsection (c) of this section, compiled or accumulated by the administrative staff of such hospitals or a physician group peer review committee as defined under § 20-9-501 in connection with such review or evaluation, together with all communications or reports originating in such committees, shall not be subject to discovery pursuant to the Arkansas Rules of Civil Procedure or the Freedom of Information Act of 1967, § 25-19-101 et seq., or admissible in any legal proceeding and shall be absolutely privileged communications. (B) The submission of such proceedings, minutes, records, reports, and communications to a hospital governing board or physician group peer review committee as defined under § 20-9-501 shall not operate as a waiver of the privilege.

(A) The proceedings, minutes, records, or reports of organized committees of hospital medical staffs or medical review committees of local medical societies, or a committee organized by and operating pursuant to a written plan or policy under the auspices of a professional corporation or a professional limited liability company whose members are licensed to practice medicine in this state, having the responsibility for reviewing and evaluating the quality of medical or hospital care, and any records, other than those records described in subsection (c) of this section, compiled or accumulated by the administrative staff of such hospitals or a physician group peer review committee as defined under § 20-9-501 in connection with such review or evaluation, together with all communications or reports originating in such committees, shall not be subject to discovery pursuant to the Arkansas Rules of Civil Procedure or the Freedom of Information Act of 1967, § 25-19-101 et seq., or admissible in any legal proceeding and shall be absolutely privileged communications.

(B) The submission of such proceedings, minutes, records, reports, and communications to a hospital governing board or physician group peer review committee as defined under § 20-9-501 shall not operate as a waiver of the privilege.

(2) Neither shall testimony as to events occurring during the activities of such committees be subject to discovery pursuant to the Arkansas Rules of Civil Procedure or the Freedom of Information Act of 1967, § 25-19-101 et seq., or admissible.

(b) (1) Nothing in this section shall be construed to prevent disclosure of the data mentioned in subsection (a) of this section to appropriate state or federal regulatory agencies which by statute or regulation are entitled to access to such data, nor to: (A) An organized committee of hospital medical staffs or governing boards where the medical practitioner seeks membership or clinical privileges; or (B) A committee organized by and operating pursuant to a written plan or policy under the auspices of a professional corporation or a professional limited liability company whose members are licensed to practice medicine in this state. (2) Further, nothing in this section shall be construed to prevent discovery and admissibility if the legal action in which such data is sought is brought by a medical practitioner who has been subjected to censure or disciplinary action by such agency or committee or by a hospital medical staff or governing board.

(1) Nothing in this section shall be construed to prevent disclosure of the data mentioned in subsection (a) of this section to appropriate state or federal regulatory agencies which by statute or regulation are entitled to access to such data, nor to: (A) An organized committee of hospital medical staffs or governing boards where the medical practitioner seeks membership or clinical privileges; or (B) A committee organized by and operating pursuant to a written plan or policy under the auspices of a professional corporation or a professional limited liability company whose members are licensed to practice medicine in this state.

(A) An organized committee of hospital medical staffs or governing boards where the medical practitioner seeks membership or clinical privileges; or

(B) A committee organized by and operating pursuant to a written plan or policy under the auspices of a professional corporation or a professional limited liability company whose members are licensed to practice medicine in this state.

(2) Further, nothing in this section shall be construed to prevent discovery and admissibility if the legal action in which such data is sought is brought by a medical practitioner who has been subjected to censure or disciplinary action by such agency or committee or by a hospital medical staff or governing board.

(c) Nothing in this section or § 20-9-308 shall be construed to apply to original hospital medical records, incident reports, or other records with respect to the care or treatment of any patient or to affect the discoverability or admissibility of such records.

Amended by Act 2013, No. 441,§ 4, eff. 8/16/2013.

Amended by Act 2013, No. 441,§ 3, eff. 8/16/2013.

Acts 1977, No. 445, §§ 1, 3; A.S.A. 1947, §§ 28-934, 28-935; Acts 1995, No. 885, § 1; 1999, No. 1536, § 8.
Ark. Code Ann. § 16-90-1406 — AR Code / Title 16 / Chapter 90 / Subchapter 14 / Section 16-90-1406
Felony convictions eligible for sealing
Status: in_force

(a) Unless prohibited under § 16-90-1408 and regardless of when the felony occurred, a person may petition a court to seal a record of a conviction immediately after the completion of the person's sentence for: (1) A nonviolent Class C felony or nonviolent Class D felony; (2) (A) Except as provided in subdivision (a)(2)(B) of this section, an unclassified felony. (B) A person shall not file a new uniform petition to seal a record of a conviction for a felony offense of driving or boating while intoxicated, § 5-65-103 , until after the applicable lookback periods under § 5-65-111 have elapsed; (3) An offense under the Uniform Controlled Substances Act, § 5-64-101 et seq., that is a Class A felony or Class B felony; (4) Solicitation to commit, attempt to commit, or conspiracy to commit the substantive offenses listed in subdivisions (a)(1)-(3) of this section; or (5) A felony not involving violence committed while the person was less than eighteen (18) years of age. (b) Unless prohibited under § 16-90-1408 , a person may petition a court with jurisdiction to seal a record of a conviction under this section after five (5) years have elapsed since the completion of the person's sentence for a violent Class C felony or a violent Class D felony. (c) (1) (A) The petitioner can have no more than one (1) previous felony conviction. (B) For the sole purpose of calculating the number of previous felony convictions under this section, all felony offenses that were committed as part of the same criminal episode and for which the person was convicted are a single conviction. (2) The fact that a prior felony conviction has been previously sealed shall not prevent the prior felony conviction's counting as a prior felony conviction for the purposes of this subsection. Amended by Act 2023, No. 117,§ 1, eff. 8/1/2023. Amended by Act 2021, No. 341,§ 1, eff. 7/28/2021. Amended by Act 2019, No. 680,§ 2, eff. 7/24/2019. Added by Act 2013, No. 1460,§ 9, eff. 1/1/2014.

(a) Unless prohibited under § 16-90-1408 and regardless of when the felony occurred, a person may petition a court to seal a record of a conviction immediately after the completion of the person's sentence for: (1) A nonviolent Class C felony or nonviolent Class D felony; (2) (A) Except as provided in subdivision (a)(2)(B) of this section, an unclassified felony. (B) A person shall not file a new uniform petition to seal a record of a conviction for a felony offense of driving or boating while intoxicated, § 5-65-103 , until after the applicable lookback periods under § 5-65-111 have elapsed; (3) An offense under the Uniform Controlled Substances Act, § 5-64-101 et seq., that is a Class A felony or Class B felony; (4) Solicitation to commit, attempt to commit, or conspiracy to commit the substantive offenses listed in subdivisions (a)(1)-(3) of this section; or (5) A felony not involving violence committed while the person was less than eighteen (18) years of age.

(1) A nonviolent Class C felony or nonviolent Class D felony;

(2) (A) Except as provided in subdivision (a)(2)(B) of this section, an unclassified felony. (B) A person shall not file a new uniform petition to seal a record of a conviction for a felony offense of driving or boating while intoxicated, § 5-65-103 , until after the applicable lookback periods under § 5-65-111 have elapsed;

(A) Except as provided in subdivision (a)(2)(B) of this section, an unclassified felony.

(B) A person shall not file a new uniform petition to seal a record of a conviction for a felony offense of driving or boating while intoxicated, § 5-65-103 , until after the applicable lookback periods under § 5-65-111 have elapsed;

(3) An offense under the Uniform Controlled Substances Act, § 5-64-101 et seq., that is a Class A felony or Class B felony;

(4) Solicitation to commit, attempt to commit, or conspiracy to commit the substantive offenses listed in subdivisions (a)(1)-(3) of this section; or

(5) A felony not involving violence committed while the person was less than eighteen (18) years of age.

(b) Unless prohibited under § 16-90-1408 , a person may petition a court with jurisdiction to seal a record of a conviction under this section after five (5) years have elapsed since the completion of the person's sentence for a violent Class C felony or a violent Class D felony.

(c) (1) (A) The petitioner can have no more than one (1) previous felony conviction. (B) For the sole purpose of calculating the number of previous felony convictions under this section, all felony offenses that were committed as part of the same criminal episode and for which the person was convicted are a single conviction. (2) The fact that a prior felony conviction has been previously sealed shall not prevent the prior felony conviction's counting as a prior felony conviction for the purposes of this subsection.

(1) (A) The petitioner can have no more than one (1) previous felony conviction. (B) For the sole purpose of calculating the number of previous felony convictions under this section, all felony offenses that were committed as part of the same criminal episode and for which the person was convicted are a single conviction.

(A) The petitioner can have no more than one (1) previous felony conviction.

(B) For the sole purpose of calculating the number of previous felony convictions under this section, all felony offenses that were committed as part of the same criminal episode and for which the person was convicted are a single conviction.

(2) The fact that a prior felony conviction has been previously sealed shall not prevent the prior felony conviction's counting as a prior felony conviction for the purposes of this subsection.

Amended by Act 2023, No. 117,§ 1, eff. 8/1/2023.

Amended by Act 2021, No. 341,§ 1, eff. 7/28/2021.

Amended by Act 2019, No. 680,§ 2, eff. 7/24/2019.

Added by Act 2013, No. 1460,§ 9, eff. 1/1/2014.
Ark. Code Ann. § 16-43-305 — AR Code / Title 16 / Chapter 43 / Subchapter 3 / Section 16-43-305
Insane or mentally ill persons not subject to subchapter
Status: in_force

This subchapter does not apply to any person in this state confined as insane or mentally ill. Acts 1959, No. 216, § 5; A.S.A. 1947, § 43-2029.

This subchapter does not apply to any person in this state confined as insane or mentally ill.

Acts 1959, No. 216, § 5; A.S.A. 1947, § 43-2029.
Ark. Code Ann. § 16-90-116 — AR Code / Title 16 / Chapter 90 / Subchapter 1 / Section 16-90-116
Taking of bond or note for misdemeanor fine and costs
Status: in_force

(a) Whenever any person is convicted of a misdemeanor by any court or justice of the peace and gives security for the fine and costs adjudged against him or her, the county sheriff or other officer taking the security shall forthwith file the bond or note so taken with the clerk of the court or justice of the peace rendering the judgment. (b) (1) The bond or note, when so filed, shall have the force and effect of a judgment. If the bond or note is not satisfied at maturity, the clerk of the court or the justice of the peace, as the case may be, shall issue an execution against the defendant and the securities. The execution so issued shall have the same force and effect as other executions in criminal cases. (2) If the clerk of the court or justice of the peace shall fail or refuse to issue execution as provided in this subsection within sixty (60) days after maturity of the bond or note, he or she shall be liable to indictment for a misdemeanor and upon conviction shall be fined in any sum not less than the amount of the judgments. Acts 1887, No. 148, § 1, p. 274; 1897, No. 37, § 1, p. 47; C. & M. Dig., §§ 3278, 7560; Pope's Dig., §§ 4126, 9634; A.S.A. 1947, § 43-2317.

(a) Whenever any person is convicted of a misdemeanor by any court or justice of the peace and gives security for the fine and costs adjudged against him or her, the county sheriff or other officer taking the security shall forthwith file the bond or note so taken with the clerk of the court or justice of the peace rendering the judgment.

(b) (1) The bond or note, when so filed, shall have the force and effect of a judgment. If the bond or note is not satisfied at maturity, the clerk of the court or the justice of the peace, as the case may be, shall issue an execution against the defendant and the securities. The execution so issued shall have the same force and effect as other executions in criminal cases. (2) If the clerk of the court or justice of the peace shall fail or refuse to issue execution as provided in this subsection within sixty (60) days after maturity of the bond or note, he or she shall be liable to indictment for a misdemeanor and upon conviction shall be fined in any sum not less than the amount of the judgments.

(1) The bond or note, when so filed, shall have the force and effect of a judgment. If the bond or note is not satisfied at maturity, the clerk of the court or the justice of the peace, as the case may be, shall issue an execution against the defendant and the securities. The execution so issued shall have the same force and effect as other executions in criminal cases.

(2) If the clerk of the court or justice of the peace shall fail or refuse to issue execution as provided in this subsection within sixty (60) days after maturity of the bond or note, he or she shall be liable to indictment for a misdemeanor and upon conviction shall be fined in any sum not less than the amount of the judgments.

Acts 1887, No. 148, § 1, p. 274; 1897, No. 37, § 1, p. 47; C. & M. Dig., §§ 3278, 7560; Pope's Dig., §§ 4126, 9634; A.S.A. 1947, § 43-2317.
Ark. Code Ann. § 16-43-1201 — AR Code / Title 16 / Chapter 43 / Subchapter 12 / Section 16-43-1201
Title
Status: in_force

This subchapter shall be known and may be cited as the "Safeguards for Abused and Neglected Children Act". Acts 2007, No. 703, § 15.

This subchapter shall be known and may be cited as the "Safeguards for Abused and Neglected Children Act".

Acts 2007, No. 703, § 15.
Ark. Code Ann. § 16-90-404 — AR Code / Title 16 / Chapter 90 / Subchapter 4 / Section 16-90-404
Written return of county sheriff
Status: in_force

The county sheriff shall make a written return of the execution of the judgment of imprisonment and file the return with the clerk of the court within ten (10) days after the execution of judgment. Crim. Code, § 295; C. & M. Dig., § 3265; Pope's Dig., § 4110; A.S.A. 1947, § 43-2604.

The county sheriff shall make a written return of the execution of the judgment of imprisonment and file the return with the clerk of the court within ten (10) days after the execution of judgment.

Crim. Code, § 295; C. & M. Dig., § 3265; Pope's Dig., § 4110; A.S.A. 1947, § 43-2604.
Ark. Code Ann. § 16-21-119 — AR Code / Title 16 / Chapter 21 / Subchapter 1 / Section 16-21-119
Contingent expense funds generally
Status: in_force

(a) The prosecuting attorney of each judicial district shall be allowed a contingent expense of his office, including telephone, telegraph, postage, printing, office supplies and equipment, office rent, stationery, traveling expense, special service, operation of automobiles, and such other expenses which, within the discretion of the prosecuting attorney, may be a proper expense of the office. It shall also include necessary expenses in connection with any proper investigation incident to any criminal law violation or trials before any grand jury, or any court within the judicial district, coming within the duties of his office. (b) The expense provided for in subsection (a) of this section shall be paid by the several counties of this state by vouchers signed by the prosecuting attorney and allowed by the county court as claims against the general revenue fund of said county, and for the purpose of providing a just and equitable manner and method of payment, the several counties of the State of Arkansas are classified as follows: (1) All counties having a population of less than fifteen thousand (15,000) persons according to the most recent federal census and with an assessed valuation of less than two million dollars ($2,000,000) shall pay annually not in excess of two hundred dollars ($200). However, Cleveland County, Dallas County, Nevada County, Lafayette County, and Montgomery County shall pay annually not in excess of four hundred dollars ($400); (2) All counties having a population in excess of fifteen thousand (15,000) persons and not in excess of twenty-five thousand (25,000) persons according to the most recent federal census and with an assessed valuation of less than five million dollars ($5,000,000) shall pay annually not in excess of four hundred dollars ($400). However, Drew County, Bradley County, and Clark County shall pay annually not in excess of six hundred dollars ($600) and Woodruff County shall pay annually not in excess of eight hundred dollars ($800); (3) All counties now or hereafter having a population in excess of twenty-five thousand (25,000) persons and not in excess of twenty-nine thousand (29,000) persons according to the most recent federal census and with an assessed valuation of less than seven million five hundred thousand dollars ($7,500,000) shall pay annually not in excess of five hundred dollars ($500). However, Hempstead County, Chicot County, and Ashley County shall pay annually not in excess of eight hundred dollars ($800); (4) All counties having a population in excess of twenty-nine thousand (29,000) persons and not in excess of forty thousand (40,000) persons according to the most recent federal census and with an assessed valuation of less than eleven million dollars ($11,000,000) shall pay annually not in excess of eight hundred dollars ($800). However, St. Francis County and White County shall pay annually not in excess of one thousand two hundred dollars ($1,200), and Saline County shall pay annually not in excess of three thousand dollars ($3,000); (5) (A) All counties having a population in excess of forty thousand (40,000) persons and not in excess of fifty thousand (50,000) persons according to the most recent federal census and with assessed valuation of less than fifteen million dollars ($15,000,000) shall pay annually not in excess of one thousand dollars ($1,000). However, Phillips County shall pay annually not in excess of one thousand four hundred dollars ($1,400); (B) Any county with a population of not less than fifty-two thousand (52,000) persons nor more than sixty-one thousand (61,000) persons according to the 1970 federal census shall pay annually the sum of six thousand dollars ($6,000); (6) All counties now or hereafter having a population in excess of fifty thousand (50,000) persons and not in excess of seventy-five thousand (75,000) persons according to the most recent federal census and with an assessed valuation of less than twenty-five million dollars ($25,000,000) shall pay annually not in excess of one thousand two hundred dollars ($1,200). However, Jefferson County shall pay annually not in excess of one thousand eight hundred dollars ($1,800); (7) All counties having a population in excess of seventy-five thousand (75,000) persons and not in excess of one hundred twenty thousand (120,000) persons according to the most recent federal census and with an assessed valuation of less than fifty million dollars ($50,000,000) shall pay annually not in excess of two thousand five hundred dollars ($2,500); (8) All counties having a population in excess of two hundred forty thousand (240,000) persons according to the most recent federal census and with an assessed valuation of not less than fifty million dollars ($50,000,000) shall pay annually not less than one hundred twenty-seven thousand dollars ($127,000), nor more than one hundred fifty thousand dollars ($150,000), as established by the quorum court of the counties. (c) Any county falling within one (1) classification according to population, but falling within a smaller classification according to the assessed valuation, shall be considered as being within, and shall pay expense according to, the larger classification. Acts 1937, No. 214, §§ 4-6; Pope's Dig., §§ 10905-10907; Acts 1947, No. 152, § 1; 1949, No. 94, §§ 1-3; 1951, No. 17, § 1; 1951, No. 241, § 1; 1951, No. 387, §§ 1-3; 1951, No. 355, §§ 1-5; 1957, No. 420, §§ 2, 3; 1967, No. 16, § 1; 1969, No. 317, § 1; 1971, No. 430, § 1; 1973, No. 30, § 1; 1973, No. 322, § 1; 1977, No. 117, § 1; 1979, No. 415, § 1; 1979, No. 514, § 1; 1981, No. 126, § 1; A.S.A. 1947, §§ 24-113--24-115.

(a) The prosecuting attorney of each judicial district shall be allowed a contingent expense of his office, including telephone, telegraph, postage, printing, office supplies and equipment, office rent, stationery, traveling expense, special service, operation of automobiles, and such other expenses which, within the discretion of the prosecuting attorney, may be a proper expense of the office. It shall also include necessary expenses in connection with any proper investigation incident to any criminal law violation or trials before any grand jury, or any court within the judicial district, coming within the duties of his office.

(b) The expense provided for in subsection (a) of this section shall be paid by the several counties of this state by vouchers signed by the prosecuting attorney and allowed by the county court as claims against the general revenue fund of said county, and for the purpose of providing a just and equitable manner and method of payment, the several counties of the State of Arkansas are classified as follows: (1) All counties having a population of less than fifteen thousand (15,000) persons according to the most recent federal census and with an assessed valuation of less than two million dollars ($2,000,000) shall pay annually not in excess of two hundred dollars ($200). However, Cleveland County, Dallas County, Nevada County, Lafayette County, and Montgomery County shall pay annually not in excess of four hundred dollars ($400); (2) All counties having a population in excess of fifteen thousand (15,000) persons and not in excess of twenty-five thousand (25,000) persons according to the most recent federal census and with an assessed valuation of less than five million dollars ($5,000,000) shall pay annually not in excess of four hundred dollars ($400). However, Drew County, Bradley County, and Clark County shall pay annually not in excess of six hundred dollars ($600) and Woodruff County shall pay annually not in excess of eight hundred dollars ($800); (3) All counties now or hereafter having a population in excess of twenty-five thousand (25,000) persons and not in excess of twenty-nine thousand (29,000) persons according to the most recent federal census and with an assessed valuation of less than seven million five hundred thousand dollars ($7,500,000) shall pay annually not in excess of five hundred dollars ($500). However, Hempstead County, Chicot County, and Ashley County shall pay annually not in excess of eight hundred dollars ($800); (4) All counties having a population in excess of twenty-nine thousand (29,000) persons and not in excess of forty thousand (40,000) persons according to the most recent federal census and with an assessed valuation of less than eleven million dollars ($11,000,000) shall pay annually not in excess of eight hundred dollars ($800). However, St. Francis County and White County shall pay annually not in excess of one thousand two hundred dollars ($1,200), and Saline County shall pay annually not in excess of three thousand dollars ($3,000); (5) (A) All counties having a population in excess of forty thousand (40,000) persons and not in excess of fifty thousand (50,000) persons according to the most recent federal census and with assessed valuation of less than fifteen million dollars ($15,000,000) shall pay annually not in excess of one thousand dollars ($1,000). However, Phillips County shall pay annually not in excess of one thousand four hundred dollars ($1,400); (B) Any county with a population of not less than fifty-two thousand (52,000) persons nor more than sixty-one thousand (61,000) persons according to the 1970 federal census shall pay annually the sum of six thousand dollars ($6,000); (6) All counties now or hereafter having a population in excess of fifty thousand (50,000) persons and not in excess of seventy-five thousand (75,000) persons according to the most recent federal census and with an assessed valuation of less than twenty-five million dollars ($25,000,000) shall pay annually not in excess of one thousand two hundred dollars ($1,200). However, Jefferson County shall pay annually not in excess of one thousand eight hundred dollars ($1,800); (7) All counties having a population in excess of seventy-five thousand (75,000) persons and not in excess of one hundred twenty thousand (120,000) persons according to the most recent federal census and with an assessed valuation of less than fifty million dollars ($50,000,000) shall pay annually not in excess of two thousand five hundred dollars ($2,500); (8) All counties having a population in excess of two hundred forty thousand (240,000) persons according to the most recent federal census and with an assessed valuation of not less than fifty million dollars ($50,000,000) shall pay annually not less than one hundred twenty-seven thousand dollars ($127,000), nor more than one hundred fifty thousand dollars ($150,000), as established by the quorum court of the counties.

(1) All counties having a population of less than fifteen thousand (15,000) persons according to the most recent federal census and with an assessed valuation of less than two million dollars ($2,000,000) shall pay annually not in excess of two hundred dollars ($200). However, Cleveland County, Dallas County, Nevada County, Lafayette County, and Montgomery County shall pay annually not in excess of four hundred dollars ($400);

(2) All counties having a population in excess of fifteen thousand (15,000) persons and not in excess of twenty-five thousand (25,000) persons according to the most recent federal census and with an assessed valuation of less than five million dollars ($5,000,000) shall pay annually not in excess of four hundred dollars ($400). However, Drew County, Bradley County, and Clark County shall pay annually not in excess of six hundred dollars ($600) and Woodruff County shall pay annually not in excess of eight hundred dollars ($800);

(3) All counties now or hereafter having a population in excess of twenty-five thousand (25,000) persons and not in excess of twenty-nine thousand (29,000) persons according to the most recent federal census and with an assessed valuation of less than seven million five hundred thousand dollars ($7,500,000) shall pay annually not in excess of five hundred dollars ($500). However, Hempstead County, Chicot County, and Ashley County shall pay annually not in excess of eight hundred dollars ($800);

(4) All counties having a population in excess of twenty-nine thousand (29,000) persons and not in excess of forty thousand (40,000) persons according to the most recent federal census and with an assessed valuation of less than eleven million dollars ($11,000,000) shall pay annually not in excess of eight hundred dollars ($800). However, St. Francis County and White County shall pay annually not in excess of one thousand two hundred dollars ($1,200), and Saline County shall pay annually not in excess of three thousand dollars ($3,000);

(5) (A) All counties having a population in excess of forty thousand (40,000) persons and not in excess of fifty thousand (50,000) persons according to the most recent federal census and with assessed valuation of less than fifteen million dollars ($15,000,000) shall pay annually not in excess of one thousand dollars ($1,000). However, Phillips County shall pay annually not in excess of one thousand four hundred dollars ($1,400); (B) Any county with a population of not less than fifty-two thousand (52,000) persons nor more than sixty-one thousand (61,000) persons according to the 1970 federal census shall pay annually the sum of six thousand dollars ($6,000);

(A) All counties having a population in excess of forty thousand (40,000) persons and not in excess of fifty thousand (50,000) persons according to the most recent federal census and with assessed valuation of less than fifteen million dollars ($15,000,000) shall pay annually not in excess of one thousand dollars ($1,000). However, Phillips County shall pay annually not in excess of one thousand four hundred dollars ($1,400);

(B) Any county with a population of not less than fifty-two thousand (52,000) persons nor more than sixty-one thousand (61,000) persons according to the 1970 federal census shall pay annually the sum of six thousand dollars ($6,000);

(6) All counties now or hereafter having a population in excess of fifty thousand (50,000) persons and not in excess of seventy-five thousand (75,000) persons according to the most recent federal census and with an assessed valuation of less than twenty-five million dollars ($25,000,000) shall pay annually not in excess of one thousand two hundred dollars ($1,200). However, Jefferson County shall pay annually not in excess of one thousand eight hundred dollars ($1,800);

(7) All counties having a population in excess of seventy-five thousand (75,000) persons and not in excess of one hundred twenty thousand (120,000) persons according to the most recent federal census and with an assessed valuation of less than fifty million dollars ($50,000,000) shall pay annually not in excess of two thousand five hundred dollars ($2,500);

(8) All counties having a population in excess of two hundred forty thousand (240,000) persons according to the most recent federal census and with an assessed valuation of not less than fifty million dollars ($50,000,000) shall pay annually not less than one hundred twenty-seven thousand dollars ($127,000), nor more than one hundred fifty thousand dollars ($150,000), as established by the quorum court of the counties.

(c) Any county falling within one (1) classification according to population, but falling within a smaller classification according to the assessed valuation, shall be considered as being within, and shall pay expense according to, the larger classification.

Acts 1937, No. 214, §§ 4-6; Pope's Dig., §§ 10905-10907; Acts 1947, No. 152, § 1; 1949, No. 94, §§ 1-3; 1951, No. 17, § 1; 1951, No. 241, § 1; 1951, No. 387, §§ 1-3; 1951, No. 355, §§ 1-5; 1957, No. 420, §§ 2, 3; 1967, No. 16, § 1; 1969, No. 317, § 1; 1971, No. 430, § 1; 1973, No. 30, § 1; 1973, No. 322, § 1; 1977, No. 117, § 1; 1979, No. 415, § 1; 1979, No. 514, § 1; 1981, No. 126, § 1; A.S.A. 1947, §§ 24-113--24-115.
Ark. Code Ann. § 16-65-121 — AR Code / Title 16 / Chapter 65 / Subchapter 1 / Section 16-65-121
Judgments, etc., effective from date rendered
Status: in_force

All judgments, orders, and decrees rendered in open court by any court of record in the State of Arkansas are effective as to all parties of record from the date rendered and not from the date of entry of record. Acts 1989 (3rd Ex. Sess.), No. 98, § 1.

All judgments, orders, and decrees rendered in open court by any court of record in the State of Arkansas are effective as to all parties of record from the date rendered and not from the date of entry of record.

Acts 1989 (3rd Ex. Sess.), No. 98, § 1.
Ark. Code Ann. § 16-12-115 — AR Code / Title 16 / Chapter 12 / Subchapter 1 / Section 16-12-115
Mileage reimbursement
Status: in_force

(a) A judge of the Court of Appeals may be reimbursed for necessary mileage. (b) Reimbursement under subsection (a) of this section shall: (1) Be paid out of funds appropriated in the operations appropriation for the Court of Appeals; (2) Be at the same mileage reimbursement rate as established in state travel rules for state employees; (3) Be limited to travel within the state between the judge's official residence and the Court of Appeals, not exceeding three (3) round trips per week; and (4) Not be allowed for a judge whose official residence is located in Pulaski County. Added by Act 2023, No. 97,§ 4, eff. 7/1/2023.

(a) A judge of the Court of Appeals may be reimbursed for necessary mileage.

(b) Reimbursement under subsection (a) of this section shall: (1) Be paid out of funds appropriated in the operations appropriation for the Court of Appeals; (2) Be at the same mileage reimbursement rate as established in state travel rules for state employees; (3) Be limited to travel within the state between the judge's official residence and the Court of Appeals, not exceeding three (3) round trips per week; and (4) Not be allowed for a judge whose official residence is located in Pulaski County.

(1) Be paid out of funds appropriated in the operations appropriation for the Court of Appeals;

(2) Be at the same mileage reimbursement rate as established in state travel rules for state employees;

(3) Be limited to travel within the state between the judge's official residence and the Court of Appeals, not exceeding three (3) round trips per week; and

(4) Not be allowed for a judge whose official residence is located in Pulaski County.

Added by Act 2023, No. 97,§ 4, eff. 7/1/2023.
Ark. Code Ann. § 16-113-102 — AR Code / Title 16 / Chapter 113 / Subchapter 1 / Section 16-113-102
Final judgment or provisional remedy
Status: in_force

An injunction may be the final judgment in an action, or may be allowed as a provisional remedy. Where so allowed, it shall be by order. Civil Code, § 293; C. & M. Dig., § 5791; Pope's Dig., § 7506; A.S.A. 1947, § 32-101.

An injunction may be the final judgment in an action, or may be allowed as a provisional remedy. Where so allowed, it shall be by order.

Civil Code, § 293; C. & M. Dig., § 5791; Pope's Dig., § 7506; A.S.A. 1947, § 32-101.
Ark. Code Ann. § 16-91-110 — AR Code / Title 16 / Chapter 91 / Subchapter 1 / Section 16-91-110
Bail bond
Status: in_force

(a) The bail bond provided for in this section shall be filed in the office of the clerk of the court in which the conviction is had, and a copy thereof shall be attached to the bill of exceptions and shall be made a part of the transcript to be filed in the Supreme Court. (b) (1) Except those offenses provided for in subdivisions (b)(2) and (3) of this section, when a criminal defendant has been found guilty of or pleaded guilty or nolo contendere to a criminal offense and is sentenced to serve a term of imprisonment, and the criminal defendant has filed an appeal, the court shall not release the defendant on bail or otherwise pending appeal unless the court finds: (A) By clear and convincing evidence that the person is not likely to flee or that there is not a substantial risk that the defendant will commit a serious crime, intimidate witnesses, harass or take retaliatory action against any juror, or otherwise interfere with the administration of justice or pose a danger to the safety of any other person; and (B) That the appeal is not for the purpose of delay and that it raises a substantial question of law or fact. (2) When a criminal defendant has been found guilty of or pleaded guilty or nolo contendere to a criminal offense of capital murder, § 5-10-101 , the court shall not release the defendant on bail or otherwise pending appeal or for any reason. (3) When a criminal defendant has been found guilty, pleaded guilty, or pleaded nolo contendere to a criminal offense of murder in the first degree, § 5-10-102 , rape, § 5-14-103 , aggravated robbery, § 5-12-103 , aggravated assault upon a law enforcement officer or an employee of a correctional facility, § 5-13-211 , if a Class Y felony, or causing a catastrophe, § 5-38-202(a) , or the criminal offense of kidnapping, § 5-11-102 , or arson, § 5-38-301 , when classified as Class Y felonies, manufacturing methamphetamine, § 5-64-423(a) or the former § 5-64-401 , and is sentenced to death or a term of imprisonment, the court shall not release the defendant on bail or otherwise pending appeal or for any reason. (c) (1) If the appeal is granted by the circuit court, the appeal bond shall be conditioned that the defendant surrender himself or herself in the Supreme Court upon the dismissal of the appeal or upon the rendition of final judgment upon the appeal. (2) (A) If the defendant fails to surrender himself or herself in the Supreme Court in compliance with the conditions of his or her bond, the Supreme Court shall direct that fact to be entered on its records and shall adjudge the bail bond of the defendant, or the money deposited in lieu thereof, to be forfeited. (B) The Clerk of the Supreme Court shall immediately make and forward to the clerk of the circuit court of the county in which the defendant was tried a certified copy of the judgment of the Supreme Court. (3) The circuit clerk shall file the copy and shall immediately issue a summons against the sureties on the bail bond requiring them to appear and show cause why judgment should not be rendered against them for the sum specified in the bail bond on account of the forfeiture thereof, which summons 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. (4) The summons may be served in any county in the state, and the service of the summons on the defendant or defendants in any county in the state shall give the court complete jurisdiction of the defendant and the cause. (5) No pleadings on the part of the state shall be required in such cases. (d) (1) If the court in which the case is tried refuses to grant an appeal and the appeal shall thereafter be granted by any justice or justices of the Supreme Court, the bond shall be conditioned that, upon the dismissal of the appeal or the rendition of the final judgment therein by the Supreme Court, the defendant shall surrender himself or herself in execution of the judgment. (2) If the appeal is not granted by the court in which the defendant was convicted, the bail bond shall also be conditioned that, if the appeal is not granted by any justice or justices of the Supreme Court, the defendant shall, immediately upon the denial of an appeal, surrender himself or herself to the county sheriff of the county in which he or she was convicted in execution of the judgment and sentence of the trial court. Amended by Act 2017, No. 367,§ 14, eff. 8/1/2017. Acts 1899, No. 158, §§ 3, 4, p. 291; C. & M. Dig., §§ 2959, 2960, 3398-3402; Acts 1927, No. 6, § 1; Pope's Dig., §§ 3775, 3776, 4241 -- 4245; A.S.A. 1947, §§ 43-2715 -- 43-2719; Acts 1987, No. 31, § 1; 1994 (1st Ex. Sess.), No. 3, § 1; 1997, No. 1135, § 1; 2011, No. 570, § 83.

(a) The bail bond provided for in this section shall be filed in the office of the clerk of the court in which the conviction is had, and a copy thereof shall be attached to the bill of exceptions and shall be made a part of the transcript to be filed in the Supreme Court.

(b) (1) Except those offenses provided for in subdivisions (b)(2) and (3) of this section, when a criminal defendant has been found guilty of or pleaded guilty or nolo contendere to a criminal offense and is sentenced to serve a term of imprisonment, and the criminal defendant has filed an appeal, the court shall not release the defendant on bail or otherwise pending appeal unless the court finds: (A) By clear and convincing evidence that the person is not likely to flee or that there is not a substantial risk that the defendant will commit a serious crime, intimidate witnesses, harass or take retaliatory action against any juror, or otherwise interfere with the administration of justice or pose a danger to the safety of any other person; and (B) That the appeal is not for the purpose of delay and that it raises a substantial question of law or fact. (2) When a criminal defendant has been found guilty of or pleaded guilty or nolo contendere to a criminal offense of capital murder, § 5-10-101 , the court shall not release the defendant on bail or otherwise pending appeal or for any reason. (3) When a criminal defendant has been found guilty, pleaded guilty, or pleaded nolo contendere to a criminal offense of murder in the first degree, § 5-10-102 , rape, § 5-14-103 , aggravated robbery, § 5-12-103 , aggravated assault upon a law enforcement officer or an employee of a correctional facility, § 5-13-211 , if a Class Y felony, or causing a catastrophe, § 5-38-202(a) , or the criminal offense of kidnapping, § 5-11-102 , or arson, § 5-38-301 , when classified as Class Y felonies, manufacturing methamphetamine, § 5-64-423(a) or the former § 5-64-401 , and is sentenced to death or a term of imprisonment, the court shall not release the defendant on bail or otherwise pending appeal or for any reason.

(1) Except those offenses provided for in subdivisions (b)(2) and (3) of this section, when a criminal defendant has been found guilty of or pleaded guilty or nolo contendere to a criminal offense and is sentenced to serve a term of imprisonment, and the criminal defendant has filed an appeal, the court shall not release the defendant on bail or otherwise pending appeal unless the court finds: (A) By clear and convincing evidence that the person is not likely to flee or that there is not a substantial risk that the defendant will commit a serious crime, intimidate witnesses, harass or take retaliatory action against any juror, or otherwise interfere with the administration of justice or pose a danger to the safety of any other person; and (B) That the appeal is not for the purpose of delay and that it raises a substantial question of law or fact.

(A) By clear and convincing evidence that the person is not likely to flee or that there is not a substantial risk that the defendant will commit a serious crime, intimidate witnesses, harass or take retaliatory action against any juror, or otherwise interfere with the administration of justice or pose a danger to the safety of any other person; and

(B) That the appeal is not for the purpose of delay and that it raises a substantial question of law or fact.

(2) When a criminal defendant has been found guilty of or pleaded guilty or nolo contendere to a criminal offense of capital murder, § 5-10-101 , the court shall not release the defendant on bail or otherwise pending appeal or for any reason.

(3) When a criminal defendant has been found guilty, pleaded guilty, or pleaded nolo contendere to a criminal offense of murder in the first degree, § 5-10-102 , rape, § 5-14-103 , aggravated robbery, § 5-12-103 , aggravated assault upon a law enforcement officer or an employee of a correctional facility, § 5-13-211 , if a Class Y felony, or causing a catastrophe, § 5-38-202(a) , or the criminal offense of kidnapping, § 5-11-102 , or arson, § 5-38-301 , when classified as Class Y felonies, manufacturing methamphetamine, § 5-64-423(a) or the former § 5-64-401 , and is sentenced to death or a term of imprisonment, the court shall not release the defendant on bail or otherwise pending appeal or for any reason.

(c) (1) If the appeal is granted by the circuit court, the appeal bond shall be conditioned that the defendant surrender himself or herself in the Supreme Court upon the dismissal of the appeal or upon the rendition of final judgment upon the appeal. (2) (A) If the defendant fails to surrender himself or herself in the Supreme Court in compliance with the conditions of his or her bond, the Supreme Court shall direct that fact to be entered on its records and shall adjudge the bail bond of the defendant, or the money deposited in lieu thereof, to be forfeited. (B) The Clerk of the Supreme Court shall immediately make and forward to the clerk of the circuit court of the county in which the defendant was tried a certified copy of the judgment of the Supreme Court. (3) The circuit clerk shall file the copy and shall immediately issue a summons against the sureties on the bail bond requiring them to appear and show cause why judgment should not be rendered against them for the sum specified in the bail bond on account of the forfeiture thereof, which summons 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. (4) The summons may be served in any county in the state, and the service of the summons on the defendant or defendants in any county in the state shall give the court complete jurisdiction of the defendant and the cause. (5) No pleadings on the part of the state shall be required in such cases.

(1) If the appeal is granted by the circuit court, the appeal bond shall be conditioned that the defendant surrender himself or herself in the Supreme Court upon the dismissal of the appeal or upon the rendition of final judgment upon the appeal.

(2) (A) If the defendant fails to surrender himself or herself in the Supreme Court in compliance with the conditions of his or her bond, the Supreme Court shall direct that fact to be entered on its records and shall adjudge the bail bond of the defendant, or the money deposited in lieu thereof, to be forfeited. (B) The Clerk of the Supreme Court shall immediately make and forward to the clerk of the circuit court of the county in which the defendant was tried a certified copy of the judgment of the Supreme Court.

(A) If the defendant fails to surrender himself or herself in the Supreme Court in compliance with the conditions of his or her bond, the Supreme Court shall direct that fact to be entered on its records and shall adjudge the bail bond of the defendant, or the money deposited in lieu thereof, to be forfeited.

(B) The Clerk of the Supreme Court shall immediately make and forward to the clerk of the circuit court of the county in which the defendant was tried a certified copy of the judgment of the Supreme Court.

(3) The circuit clerk shall file the copy and shall immediately issue a summons against the sureties on the bail bond requiring them to appear and show cause why judgment should not be rendered against them for the sum specified in the bail bond on account of the forfeiture thereof, which summons 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.

(4) The summons may be served in any county in the state, and the service of the summons on the defendant or defendants in any county in the state shall give the court complete jurisdiction of the defendant and the cause.

(5) No pleadings on the part of the state shall be required in such cases.

(d) (1) If the court in which the case is tried refuses to grant an appeal and the appeal shall thereafter be granted by any justice or justices of the Supreme Court, the bond shall be conditioned that, upon the dismissal of the appeal or the rendition of the final judgment therein by the Supreme Court, the defendant shall surrender himself or herself in execution of the judgment. (2) If the appeal is not granted by the court in which the defendant was convicted, the bail bond shall also be conditioned that, if the appeal is not granted by any justice or justices of the Supreme Court, the defendant shall, immediately upon the denial of an appeal, surrender himself or herself to the county sheriff of the county in which he or she was convicted in execution of the judgment and sentence of the trial court.

(1) If the court in which the case is tried refuses to grant an appeal and the appeal shall thereafter be granted by any justice or justices of the Supreme Court, the bond shall be conditioned that, upon the dismissal of the appeal or the rendition of the final judgment therein by the Supreme Court, the defendant shall surrender himself or herself in execution of the judgment.

(2) If the appeal is not granted by the court in which the defendant was convicted, the bail bond shall also be conditioned that, if the appeal is not granted by any justice or justices of the Supreme Court, the defendant shall, immediately upon the denial of an appeal, surrender himself or herself to the county sheriff of the county in which he or she was convicted in execution of the judgment and sentence of the trial court.

Amended by Act 2017, No. 367,§ 14, eff. 8/1/2017.

Acts 1899, No. 158, §§ 3, 4, p. 291; C. & M. Dig., §§ 2959, 2960, 3398-3402; Acts 1927, No. 6, § 1; Pope's Dig., §§ 3775, 3776, 4241 -- 4245; A.S.A. 1947, §§ 43-2715 -- 43-2719; Acts 1987, No. 31, § 1; 1994 (1st Ex. Sess.), No. 3, § 1; 1997, No. 1135, § 1; 2011, No. 570, § 83.
Ark. Code Ann. § 16-63-504 — AR Code / Title 16 / Chapter 63 / Subchapter 5 / Section 16-63-504
Immunity from suit
Status: in_force

Any person making a privileged communication or performing an act in furtherance of the right of free speech or the right to petition government for a redress of grievances under the United States Constitution or the Arkansas Constitution in connection with an issue of public interest or concern shall be immune from civil liability, unless a statement or report was made with knowledge that it was false or with reckless disregard of whether it was false. Acts 2005, No. 1843, § 1.

Any person making a privileged communication or performing an act in furtherance of the right of free speech or the right to petition government for a redress of grievances under the United States Constitution or the Arkansas Constitution in connection with an issue of public interest or concern shall be immune from civil liability, unless a statement or report was made with knowledge that it was false or with reckless disregard of whether it was false.

Acts 2005, No. 1843, § 1.
Ark. Code Ann. § 16-66-119 — AR Code / Title 16 / Chapter 66 / Subchapter 1 / Section 16-66-119
Immunity of law enforcement officers
Status: in_force

Any sheriff or other law enforcement officer acting reasonably, in good faith, and not in violation of clearly established law, and exercising due care while serving and executing writs of execution shall have immunity from suit and civil liability and shall not be liable for any civil damages for acts performed in the official performance of his or her duties. Acts 1991, No. 424, § 1.

Any sheriff or other law enforcement officer acting reasonably, in good faith, and not in violation of clearly established law, and exercising due care while serving and executing writs of execution shall have immunity from suit and civil liability and shall not be liable for any civil damages for acts performed in the official performance of his or her duties.

Acts 1991, No. 424, § 1.
Ark. Code Ann. § 16-89-108 — AR Code / Title 16 / Chapter 89 / Section 16-89-108
Waivers of trial by jury and death penalty
Status: in_force

(a) In all criminal cases, except where a sentence of death may be imposed, trial by a jury may be waived by the defendant, provided the prosecuting attorney gives his or her assent to the waiver. The waiver and the assent thereto shall be made in open court and entered of record. In the event of waiver, the trial judge shall pass both upon the law and the facts. (b) In all criminal cases where the punishment is death, the prosecuting attorney, with permission of the court, may waive the death penalty and in those cases punishment cannot be fixed at more than life imprisonment. (c) In all criminal cases where the maximum punishment is death by electrocution and the defendant waives a trial by jury, the court must determine that the defendant's waiver is voluntary and is not made in response to any promise or threat and that the waiver is freely made without fear or compulsion. Init. Meas. 1936, No. 3, § 28, Acts 1937, p. 1384; Pope's Dig., § 3912; Acts 1971, No. 124, §§ 1, 2; A.S.A. 1947, §§ 43-2108 -- 43-2108.2.

(a) In all criminal cases, except where a sentence of death may be imposed, trial by a jury may be waived by the defendant, provided the prosecuting attorney gives his or her assent to the waiver. The waiver and the assent thereto shall be made in open court and entered of record. In the event of waiver, the trial judge shall pass both upon the law and the facts.

(b) In all criminal cases where the punishment is death, the prosecuting attorney, with permission of the court, may waive the death penalty and in those cases punishment cannot be fixed at more than life imprisonment.

(c) In all criminal cases where the maximum punishment is death by electrocution and the defendant waives a trial by jury, the court must determine that the defendant's waiver is voluntary and is not made in response to any promise or threat and that the waiver is freely made without fear or compulsion.

Init. Meas. 1936, No. 3, § 28, Acts 1937, p. 1384; Pope's Dig., § 3912; Acts 1971, No. 124, §§ 1, 2; A.S.A. 1947, §§ 43-2108 -- 43-2108.2.
Ark. Code Ann. § 16-17-925 — AR Code / Title 16 / Chapter 17 / Subchapter 9 / Section 16-17-925
Sharp County District Court
Status: in_force

(a) (1) Sharp County shall have one (1) district court with two (2) departments: (A) One (1) located in Ash Flat; and (B) One (1) located in Cherokee Village. (2) Both departments are to be served by (1) judge. (b) The Sharp County District Court Judge shall be elected countywide. (c) The Sharp County District Court shall have countywide jurisdiction. Amended by Act 2017, No. 723,§ 1, eff. 8/1/2017. Acts 2005, No. 72, § 5.

(a) (1) Sharp County shall have one (1) district court with two (2) departments: (A) One (1) located in Ash Flat; and (B) One (1) located in Cherokee Village. (2) Both departments are to be served by (1) judge.

(1) Sharp County shall have one (1) district court with two (2) departments: (A) One (1) located in Ash Flat; and (B) One (1) located in Cherokee Village.

(A) One (1) located in Ash Flat; and

(B) One (1) located in Cherokee Village.

(2) Both departments are to be served by (1) judge.

(b) The Sharp County District Court Judge shall be elected countywide.

(c) The Sharp County District Court shall have countywide jurisdiction.

Amended by Act 2017, No. 723,§ 1, eff. 8/1/2017.

Acts 2005, No. 72, § 5.
Ark. Code Ann. § 16-21-1101 — AR Code / Title 16 / Chapter 21 / Subchapter 11 / Section 16-21-1101
Applicability
Status: in_force

This subchapter shall apply to the Sixth Judicial District, which is composed of Pulaski County and Perry County. Acts 1993, No. 997, § 1; 1995, No. 803, § 1; 1997, No. 522, § 1.

This subchapter shall apply to the Sixth Judicial District, which is composed of Pulaski County and Perry County.

Acts 1993, No. 997, § 1; 1995, No. 803, § 1; 1997, No. 522, § 1.
Ark. Code Ann. § 16-17-955 — AR Code / Title 16 / Chapter 17 / Subchapter 9 / Section 16-17-955
[Repealed]
Status: repealed

Repealed by Act 2017, No. 723,§ 1, eff. 8/1/2017. Acts 2007, No. 663, § 51.

Repealed by Act 2017, No. 723,§ 1, eff. 8/1/2017.

Acts 2007, No. 663, § 51.
Ark. Code Ann. § 16-99-103 — AR Code / Title 16 / Chapter 99 / Section 16-99-103
Application
Status: in_force

(a) (1) The Division of Community Correction shall receive additional funding for committing to a reduction in the number of probation revocations that result from a technical violation or a new crime. (2) The baseline for comparing probation revocation data shall be based on the number of probation revocations and expected length of stay. (3) In order to qualify for the additional monetary incentives under this subchapter, the felony conviction rate for probationers must remain stable or decrease from the previous year. (4) Each year the Division of Community Correction shall receive additional funds for reducing the net impact of revocations on the Division of Correction. (5) The Division of Community Correction shall promulgate rules for the distribution and use of incentive funds that it receives, requiring that: (A) No less than one-third (1/3) of the funds received each year are distributed to the individual probation or parole areas responsible for the revocation reductions while maintaining or improving public safety; and (B) All of the funds received by the Division of Community Correction are invested in programs and practices designed to reduce recidivism. (b) (1) A competitive grant process will distribute grants to five (5) individual counties, multicounty partnerships, or judicial districts that meet criteria established to improve public safety and reduce their net impact on the Division of Correction. (2) The Board of Corrections shall have the authority to: (A) Manage the competitive grant process; (B) Determine appropriate criteria; (C) Award grants; and (D) Collect and evaluate the data from all grantee sites. (3) Applications can come from: (A) Individual counties; (B) Multicounty partnerships; or (C) Judicial districts. (4) Four (4) of the five (5) grants shall be awarded to the counties, multicounty partnerships, or judicial districts with the largest number of annual Division of Correction commitments that meet the program criteria and submit acceptable applications. (5) One (1) grant shall be awarded to a county, multicounty partnership, or judicial district representing a rural region of the state, notwithstanding the number of Division of Correction commitments from the applicant so long as the program criteria are met and the application is acceptable. (6) Each year, the grant recipient shall receive additional funds equal to one-half (½) of the averted costs for reducing the net impact of its sentences on the Division of Correction. (7) The baseline for comparing the net impact of sentences shall be based on the number of admissions and expected length of stay. (8) In order to qualify for the additional monetary incentives under this subchapter, the net impact of the county's, and multicounty's, judicial district's above-guidelines sentences, based on admissions and expected length of stay, must remain stable or decrease from the previous year. (9) The board shall promulgate rules for the distribution and use of incentive funds to successful applicants. Amended by Act 2019, No. 315,§ 1318, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 1317, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 958, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 957, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 956, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 955, eff. 7/1/2019. Acts 2011, No. 570, § 117.

(a) (1) The Division of Community Correction shall receive additional funding for committing to a reduction in the number of probation revocations that result from a technical violation or a new crime. (2) The baseline for comparing probation revocation data shall be based on the number of probation revocations and expected length of stay. (3) In order to qualify for the additional monetary incentives under this subchapter, the felony conviction rate for probationers must remain stable or decrease from the previous year. (4) Each year the Division of Community Correction shall receive additional funds for reducing the net impact of revocations on the Division of Correction. (5) The Division of Community Correction shall promulgate rules for the distribution and use of incentive funds that it receives, requiring that: (A) No less than one-third (1/3) of the funds received each year are distributed to the individual probation or parole areas responsible for the revocation reductions while maintaining or improving public safety; and (B) All of the funds received by the Division of Community Correction are invested in programs and practices designed to reduce recidivism.

(1) The Division of Community Correction shall receive additional funding for committing to a reduction in the number of probation revocations that result from a technical violation or a new crime.

(2) The baseline for comparing probation revocation data shall be based on the number of probation revocations and expected length of stay.

(3) In order to qualify for the additional monetary incentives under this subchapter, the felony conviction rate for probationers must remain stable or decrease from the previous year.

(4) Each year the Division of Community Correction shall receive additional funds for reducing the net impact of revocations on the Division of Correction.

(5) The Division of Community Correction shall promulgate rules for the distribution and use of incentive funds that it receives, requiring that: (A) No less than one-third (1/3) of the funds received each year are distributed to the individual probation or parole areas responsible for the revocation reductions while maintaining or improving public safety; and (B) All of the funds received by the Division of Community Correction are invested in programs and practices designed to reduce recidivism.

(A) No less than one-third (1/3) of the funds received each year are distributed to the individual probation or parole areas responsible for the revocation reductions while maintaining or improving public safety; and

(B) All of the funds received by the Division of Community Correction are invested in programs and practices designed to reduce recidivism.

(b) (1) A competitive grant process will distribute grants to five (5) individual counties, multicounty partnerships, or judicial districts that meet criteria established to improve public safety and reduce their net impact on the Division of Correction. (2) The Board of Corrections shall have the authority to: (A) Manage the competitive grant process; (B) Determine appropriate criteria; (C) Award grants; and (D) Collect and evaluate the data from all grantee sites. (3) Applications can come from: (A) Individual counties; (B) Multicounty partnerships; or (C) Judicial districts. (4) Four (4) of the five (5) grants shall be awarded to the counties, multicounty partnerships, or judicial districts with the largest number of annual Division of Correction commitments that meet the program criteria and submit acceptable applications. (5) One (1) grant shall be awarded to a county, multicounty partnership, or judicial district representing a rural region of the state, notwithstanding the number of Division of Correction commitments from the applicant so long as the program criteria are met and the application is acceptable. (6) Each year, the grant recipient shall receive additional funds equal to one-half (½) of the averted costs for reducing the net impact of its sentences on the Division of Correction. (7) The baseline for comparing the net impact of sentences shall be based on the number of admissions and expected length of stay. (8) In order to qualify for the additional monetary incentives under this subchapter, the net impact of the county's, and multicounty's, judicial district's above-guidelines sentences, based on admissions and expected length of stay, must remain stable or decrease from the previous year. (9) The board shall promulgate rules for the distribution and use of incentive funds to successful applicants.

(1) A competitive grant process will distribute grants to five (5) individual counties, multicounty partnerships, or judicial districts that meet criteria established to improve public safety and reduce their net impact on the Division of Correction.

(2) The Board of Corrections shall have the authority to: (A) Manage the competitive grant process; (B) Determine appropriate criteria; (C) Award grants; and (D) Collect and evaluate the data from all grantee sites.

(A) Manage the competitive grant process;

(B) Determine appropriate criteria;

(C) Award grants; and

(D) Collect and evaluate the data from all grantee sites.

(3) Applications can come from: (A) Individual counties; (B) Multicounty partnerships; or (C) Judicial districts.

(A) Individual counties;

(B) Multicounty partnerships; or

(C) Judicial districts.

(4) Four (4) of the five (5) grants shall be awarded to the counties, multicounty partnerships, or judicial districts with the largest number of annual Division of Correction commitments that meet the program criteria and submit acceptable applications.

(5) One (1) grant shall be awarded to a county, multicounty partnership, or judicial district representing a rural region of the state, notwithstanding the number of Division of Correction commitments from the applicant so long as the program criteria are met and the application is acceptable.

(6) Each year, the grant recipient shall receive additional funds equal to one-half (½) of the averted costs for reducing the net impact of its sentences on the Division of Correction.

(7) The baseline for comparing the net impact of sentences shall be based on the number of admissions and expected length of stay.

(8) In order to qualify for the additional monetary incentives under this subchapter, the net impact of the county's, and multicounty's, judicial district's above-guidelines sentences, based on admissions and expected length of stay, must remain stable or decrease from the previous year.

(9) The board shall promulgate rules for the distribution and use of incentive funds to successful applicants.

Amended by Act 2019, No. 315,§ 1318, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 1317, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 958, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 957, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 956, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 955, eff. 7/1/2019.

Acts 2011, No. 570, § 117.
Ark. Code Ann. § 16-55-121 — AR Code / Title 16 / Chapter 55 / Subchapter 1 / Section 16-55-121
Successive actions on same contract or transaction
Status: in_force

Successive actions may be maintained upon the same contract or transaction whenever, after the former action, a new cause of action has arisen therefrom. Civil Code, § 789; C. & M. Dig., § 1083; Pope's Dig., § 1291; A.S.A. 1947, § 27-136.

Successive actions may be maintained upon the same contract or transaction whenever, after the former action, a new cause of action has arisen therefrom.

Civil Code, § 789; C. & M. Dig., § 1083; Pope's Dig., § 1291; A.S.A. 1947, § 27-136.
Ark. Code Ann. § 16-13-1804 — AR Code / Title 16 / Chapter 13 / Subchapter 18 / Section 16-13-1804
Assignment of cases
Status: in_force

(a) The circuit and chancery judges of the Tenth Judicial District may, by agreement, hold either of the circuit or chancery courts in the Tenth Judicial District and may hear and try matters pending in any of the courts or may hear and try matters pending in the same court at the same time. (b) The judges of the Tenth Judicial District may adopt such rules as they deem appropriate for the assignment of cases in the circuit and chancery courts of the Tenth Judicial District. Acts 1985, No. 159, § 3; A.S.A. 1947, § 22-375.2.

(a) The circuit and chancery judges of the Tenth Judicial District may, by agreement, hold either of the circuit or chancery courts in the Tenth Judicial District and may hear and try matters pending in any of the courts or may hear and try matters pending in the same court at the same time.

(b) The judges of the Tenth Judicial District may adopt such rules as they deem appropriate for the assignment of cases in the circuit and chancery courts of the Tenth Judicial District.

Acts 1985, No. 159, § 3; A.S.A. 1947, § 22-375.2.
Ark. Code Ann. § 16-131-201 — AR Code / Title 16 / Chapter 131 / Subchapter 2 / Section 16-131-201
Title
Status: in_force

This subchapter shall be known and may be cited as the "Arkansas Statutory Thresholds for Settlement Agreements Involving Minors Act". Added by Act 2023, No. 468,§ 1, eff. 8/1/2023.

This subchapter shall be known and may be cited as the "Arkansas Statutory Thresholds for Settlement Agreements Involving Minors Act".

Added by Act 2023, No. 468,§ 1, eff. 8/1/2023.
Ark. Code Ann. § 16-120-201 — AR Code / Title 16 / Chapter 120 / Subchapter 2 / Section 16-120-201
Definitions
Status: in_force

As used in this subchapter, unless the context otherwise requires: (1) "Equine" means a horse, pony, mule, donkey, or hinny; (2) "Equine activity" means: (A) Equine shows, fairs, competitions, performances, or parades that involve any or all breeds of equines and any of the equine disciplines, including without limitation dressage, hunter and jumper horse shows, grand prix jumping, three-day events, combined training, rodeos, pulling, cutting, polo, steeplechasing, endurance trail riding and western games, and hunting; (B) Equine training and teaching activities; (C) Boarding equines; (D) Riding, inspecting, or evaluating an equine belonging to another person regardless of whether the owner receives monetary consideration or other thing of value for the use of the equine or is permitting a prospective purchaser of the equine to ride, inspect, or evaluate the equine; and (E) Rides, hunts, or other equine activities, however informal or impromptu; (3) "Equine activity sponsor" means an individual or legal entity that sponsors, organizes, or provides facilities for an equine activity; (4) "Livestock" means swine, bovine, sheep, and goats; (5) "Livestock activity" means the following: (A) Grazing, herding, feeding, branding, milking, or other activity that involves the care or maintenance of livestock; (B) A livestock show, fair, competition, or auction; (C) A livestock training or teaching activity; (D) Boarding livestock; and (E) Inspecting or evaluating livestock; (6) "Livestock facility" means a property or facility at which a livestock activity is held; (7) "Livestock owner" means a person who owns livestock that is involved in a livestock activity; (8) "Livestock sponsor" means an individual or legal entity that sponsors, organizes, or provides facilities for a livestock activity; and (9) "Participant" means a person, whether amateur or professional, who engages in an equine activity or a livestock activity regardless of whether a fee is paid to participate in the equine activity or livestock activity. Amended by Act 2013, No. 430,§ 1, eff. 8/16/2013. Acts 1991, No. 103, § 1; 1995, No. 353, § 1.

As used in this subchapter, unless the context otherwise requires:

(1) "Equine" means a horse, pony, mule, donkey, or hinny;

(2) "Equine activity" means: (A) Equine shows, fairs, competitions, performances, or parades that involve any or all breeds of equines and any of the equine disciplines, including without limitation dressage, hunter and jumper horse shows, grand prix jumping, three-day events, combined training, rodeos, pulling, cutting, polo, steeplechasing, endurance trail riding and western games, and hunting; (B) Equine training and teaching activities; (C) Boarding equines; (D) Riding, inspecting, or evaluating an equine belonging to another person regardless of whether the owner receives monetary consideration or other thing of value for the use of the equine or is permitting a prospective purchaser of the equine to ride, inspect, or evaluate the equine; and (E) Rides, hunts, or other equine activities, however informal or impromptu;

(A) Equine shows, fairs, competitions, performances, or parades that involve any or all breeds of equines and any of the equine disciplines, including without limitation dressage, hunter and jumper horse shows, grand prix jumping, three-day events, combined training, rodeos, pulling, cutting, polo, steeplechasing, endurance trail riding and western games, and hunting;

(B) Equine training and teaching activities;

(C) Boarding equines;

(D) Riding, inspecting, or evaluating an equine belonging to another person regardless of whether the owner receives monetary consideration or other thing of value for the use of the equine or is permitting a prospective purchaser of the equine to ride, inspect, or evaluate the equine; and

(E) Rides, hunts, or other equine activities, however informal or impromptu;

(3) "Equine activity sponsor" means an individual or legal entity that sponsors, organizes, or provides facilities for an equine activity;

(4) "Livestock" means swine, bovine, sheep, and goats;

(5) "Livestock activity" means the following: (A) Grazing, herding, feeding, branding, milking, or other activity that involves the care or maintenance of livestock; (B) A livestock show, fair, competition, or auction; (C) A livestock training or teaching activity; (D) Boarding livestock; and (E) Inspecting or evaluating livestock;

(A) Grazing, herding, feeding, branding, milking, or other activity that involves the care or maintenance of livestock;

(B) A livestock show, fair, competition, or auction;

(C) A livestock training or teaching activity;

(D) Boarding livestock; and

(E) Inspecting or evaluating livestock;

(6) "Livestock facility" means a property or facility at which a livestock activity is held;

(7) "Livestock owner" means a person who owns livestock that is involved in a livestock activity;

(8) "Livestock sponsor" means an individual or legal entity that sponsors, organizes, or provides facilities for a livestock activity; and

(9) "Participant" means a person, whether amateur or professional, who engages in an equine activity or a livestock activity regardless of whether a fee is paid to participate in the equine activity or livestock activity.

Amended by Act 2013, No. 430,§ 1, eff. 8/16/2013.

Acts 1991, No. 103, § 1; 1995, No. 353, § 1.
Ark. Code Ann. § 16-90-1401 — AR Code / Title 16 / Chapter 90 / Subchapter 14 / Section 16-90-1401
Title
Status: in_force

This subchapter shall be known and may be cited as the "Comprehensive Criminal Record Sealing Act of 2013". Added by Act 2013, No. 1460,§ 9, eff. 1/1/2014.

This subchapter shall be known and may be cited as the "Comprehensive Criminal Record Sealing Act of 2013".

Added by Act 2013, No. 1460,§ 9, eff. 1/1/2014.
Ark. Code Ann. § 16-11-201 — AR Code / Title 16 / Chapter 11 / Subchapter 2 / Section 16-11-201
Clerk to furnish Reporter with copy of decisions
Status: in_force

It shall be the duty of the Clerk of the Supreme Court to furnish the Reporter of the Supreme Court with a copy of all decisions of the court within thirty (30) days after the expiration of the time allowed for filing motions for reconsideration. Acts 1915, No. 326, § 2; C. & M. Dig., § 9776k; Pope's Dig., § 13320; Acts 1971, No. 257, § 1; A.S.A. 1947, § 22-219.

It shall be the duty of the Clerk of the Supreme Court to furnish the Reporter of the Supreme Court with a copy of all decisions of the court within thirty (30) days after the expiration of the time allowed for filing motions for reconsideration.

Acts 1915, No. 326, § 2; C. & M. Dig., § 9776k; Pope's Dig., § 13320; Acts 1971, No. 257, § 1; A.S.A. 1947, § 22-219.
Ark. Code Ann. § 16-123-324 — AR Code / Title 16 / Chapter 123 / Subchapter 3 / Section 16-123-324
Reasonable cause determination
Status: in_force

(a) The Director of the Arkansas Fair Housing Commission shall determine, based on the facts and after consultation with the office of the Attorney General, whether reasonable cause exists to believe that a discriminatory housing practice occurred or is about to occur. (b) The director shall make the determination under subsection (a) of this section not later than the one hundredth day a complaint is filed unless: (1) It is impracticable to make the determination; or (2) The director has approved a conciliation agreement relating to the complaint. (c) If it is impracticable to make the determination within the time period provided by subsection (b) of this section, the director shall notify the complainant and respondent in writing of the reasons for the delay. (d) If the director determines that reasonable cause exists to believe that a discriminatory housing practice occurred or is about to occur, the director shall immediately issue a charge on behalf of the aggrieved person, except as provided by § 16-123-326 . Acts 2001, No. 1785, § 25.

(a) The Director of the Arkansas Fair Housing Commission shall determine, based on the facts and after consultation with the office of the Attorney General, whether reasonable cause exists to believe that a discriminatory housing practice occurred or is about to occur.

(b) The director shall make the determination under subsection (a) of this section not later than the one hundredth day a complaint is filed unless: (1) It is impracticable to make the determination; or (2) The director has approved a conciliation agreement relating to the complaint.

(1) It is impracticable to make the determination; or

(2) The director has approved a conciliation agreement relating to the complaint.

(c) If it is impracticable to make the determination within the time period provided by subsection (b) of this section, the director shall notify the complainant and respondent in writing of the reasons for the delay.

(d) If the director determines that reasonable cause exists to believe that a discriminatory housing practice occurred or is about to occur, the director shall immediately issue a charge on behalf of the aggrieved person, except as provided by § 16-123-326 .

Acts 2001, No. 1785, § 25.
Ark. Code Ann. § 16-85-408 — AR Code / Title 16 / Chapter 85 / Subchapter 4 / Section 16-85-408
Public inspection and disclosure
Status: in_force

(a) When a grand jury indictment for any offense known to the laws of this state shall be found against any person not in actual confinement or held by recognizance to answer to the indictment, the indictment shall not be open to the inspection of any person except the judge and clerk of the court and the prosecuting attorney until the defendant has been arrested. (b) (1) No judge, clerk, prosecuting attorney, or other officer of any court shall disclose the fact of any indictment's being found until the defendant has been arrested or recognized to answer the indictment. (2) Any judge, clerk, or other officer violating the provisions of subdivision (b)(1) of this section shall be guilty of a violation and upon conviction shall be fined in any sum not exceeding one thousand dollars ($1,000). (c) The provisions of this section shall not extend to any officer making the disclosure by the issuing or in the execution of any process on the indictment or in any other manner when it shall become necessary in the discharge of any official duty. Rev. Stat., ch. 45, §§ 86-89; C. & M. Dig., §§ 2819, 3031-3033; Pope's Dig., §§ 3537, 3855-3857; A.S.A. 1947, §§ 43-1025 -- 43-1028; Acts 2005, No. 1994, § 84.

(a) When a grand jury indictment for any offense known to the laws of this state shall be found against any person not in actual confinement or held by recognizance to answer to the indictment, the indictment shall not be open to the inspection of any person except the judge and clerk of the court and the prosecuting attorney until the defendant has been arrested.

(b) (1) No judge, clerk, prosecuting attorney, or other officer of any court shall disclose the fact of any indictment's being found until the defendant has been arrested or recognized to answer the indictment. (2) Any judge, clerk, or other officer violating the provisions of subdivision (b)(1) of this section shall be guilty of a violation and upon conviction shall be fined in any sum not exceeding one thousand dollars ($1,000).

(1) No judge, clerk, prosecuting attorney, or other officer of any court shall disclose the fact of any indictment's being found until the defendant has been arrested or recognized to answer the indictment.

(2) Any judge, clerk, or other officer violating the provisions of subdivision (b)(1) of this section shall be guilty of a violation and upon conviction shall be fined in any sum not exceeding one thousand dollars ($1,000).

(c) The provisions of this section shall not extend to any officer making the disclosure by the issuing or in the execution of any process on the indictment or in any other manner when it shall become necessary in the discharge of any official duty.

Rev. Stat., ch. 45, §§ 86-89; C. & M. Dig., §§ 2819, 3031-3033; Pope's Dig., §§ 3537, 3855-3857; A.S.A. 1947, §§ 43-1025 -- 43-1028; Acts 2005, No. 1994, § 84.
Ark. Code Ann. § 16-94-211 — AR Code / Title 16 / Chapter 94 / Subchapter 2 / Section 16-94-211
Penalty
Status: in_force

Any officer who shall deliver to the agent for extradition of the demanding state a person in his or her custody under the Governor's warrant in disobedience to the last section shall be guilty of a misdemeanor, and on conviction shall be fined not more than one thousand dollars ($1,000) or be imprisoned not more than six (6) months, or both. Acts 1935, No. 126, § 11; Pope's Dig., § 6091; A.S.A. 1947, § 43-3011.

Any officer who shall deliver to the agent for extradition of the demanding state a person in his or her custody under the Governor's warrant in disobedience to the last section shall be guilty of a misdemeanor, and on conviction shall be fined not more than one thousand dollars ($1,000) or be imprisoned not more than six (6) months, or both.

Acts 1935, No. 126, § 11; Pope's Dig., § 6091; A.S.A. 1947, § 43-3011.
Ark. Code Ann. § 16-114-211 — AR Code / Title 16 / Chapter 114 / Subchapter 2 / Section 16-114-211
Surveys and inspection reports as evidence
Status: in_force

The results of any surveys or inspections by state or federal regulators, or by accrediting organizations, that are not otherwise privileged and that the plaintiff seeks to use as evidence against a medical care provider must be relevant to the plaintiff's injury to be admissible at trial. Acts 2003, No. 649, § 22.

The results of any surveys or inspections by state or federal regulators, or by accrediting organizations, that are not otherwise privileged and that the plaintiff seeks to use as evidence against a medical care provider must be relevant to the plaintiff's injury to be admissible at trial.

Acts 2003, No. 649, § 22.
Ark. Code Ann. § 16-13-3105 — AR Code / Title 16 / Chapter 13 / Subchapter 31 / Section 16-13-3105
Court reporters
Status: in_force

(a) Each of the chancery and circuit-chancery judges provided for in this subchapter is authorized to employ a court reporter. (b) The court reporters shall receive such compensation as is provided by law. Acts 1997, No. 827, § 5; 1999, No. 7, § 5.

(a) Each of the chancery and circuit-chancery judges provided for in this subchapter is authorized to employ a court reporter.

(b) The court reporters shall receive such compensation as is provided by law.

Acts 1997, No. 827, § 5; 1999, No. 7, § 5.
Ark. Code Ann. § 16-21-1109 — AR Code / Title 16 / Chapter 21 / Subchapter 11 / Section 16-21-1109
Hot check funds
Status: in_force

The office of the Prosecuting Attorney of the Sixth Judicial District is hereby authorized to establish a hot check program pursuant to state statute to collect fees for the hot check fund as authorized by the General Assembly and to expend those funds in official uses for the benefit of the office. Acts 1993, No. 997, § 7; 1995, No. 803, § 9; 1997, No. 522, § 1.

The office of the Prosecuting Attorney of the Sixth Judicial District is hereby authorized to establish a hot check program pursuant to state statute to collect fees for the hot check fund as authorized by the General Assembly and to expend those funds in official uses for the benefit of the office.

Acts 1993, No. 997, § 7; 1995, No. 803, § 9; 1997, No. 522, § 1.
Ark. Code Ann. § 16-120-605 — AR Code / Title 16 / Chapter 120 / Subchapter 6 / Section 16-120-605
Establishing fair market value of total gross assets
Status: in_force

(a) A successor may establish the fair market value of total gross assets for the purpose of § 16-120-604 through any method reasonable under the circumstances, including: (1) By reference to the growing concern value of the assets or to the purchase price attributable to or paid for the assets in an arm's-length transaction; or (2) In the absence of other readily available information from which the fair market value can be determined, by reference to the value of the assets recorded on a balance sheet. (b) Total gross assets under subsection (a) of this section include intangible assets. (c) (1) To the extent total gross assets include any liability insurance that was issued to the transferor whose assets are being valued for purposes of this section, the applicability, terms, conditions, and limits of the insurance shall not be affected by this section nor shall this section otherwise affect the rights and obligations of an insurer, transferor, or successor under an insurance contract or any related agreements, including without limitation preenactment settlements resolving coverage-related disputes and the rights of an insurer to: (A) Seek payment for: (i) Applicable deductibles; (ii) Retrospective premiums; or (iii) Self-insured retentions; or (B) Seek contribution from a successor for uninsured or self-insured periods or periods where insurance is uncollectible or otherwise unavailable. (2) Without limiting subdivision (c)(1)(A) of this section, to the extent total gross assets include any liability insurance, a settlement of a dispute concerning any liability insurance coverage entered into by a transferor or successor with the insurers of the transferor before January 1, 2020, shall be determinative of the total coverage of the liability insurance to be included in the calculation of the transferor's total gross assets. Added by Act 2015, No. 1241,§ 1, eff. 1/1/2020.

(a) A successor may establish the fair market value of total gross assets for the purpose of § 16-120-604 through any method reasonable under the circumstances, including: (1) By reference to the growing concern value of the assets or to the purchase price attributable to or paid for the assets in an arm's-length transaction; or (2) In the absence of other readily available information from which the fair market value can be determined, by reference to the value of the assets recorded on a balance sheet.

(1) By reference to the growing concern value of the assets or to the purchase price attributable to or paid for the assets in an arm's-length transaction; or

(2) In the absence of other readily available information from which the fair market value can be determined, by reference to the value of the assets recorded on a balance sheet.

(b) Total gross assets under subsection (a) of this section include intangible assets.

(c) (1) To the extent total gross assets include any liability insurance that was issued to the transferor whose assets are being valued for purposes of this section, the applicability, terms, conditions, and limits of the insurance shall not be affected by this section nor shall this section otherwise affect the rights and obligations of an insurer, transferor, or successor under an insurance contract or any related agreements, including without limitation preenactment settlements resolving coverage-related disputes and the rights of an insurer to: (A) Seek payment for: (i) Applicable deductibles; (ii) Retrospective premiums; or (iii) Self-insured retentions; or (B) Seek contribution from a successor for uninsured or self-insured periods or periods where insurance is uncollectible or otherwise unavailable. (2) Without limiting subdivision (c)(1)(A) of this section, to the extent total gross assets include any liability insurance, a settlement of a dispute concerning any liability insurance coverage entered into by a transferor or successor with the insurers of the transferor before January 1, 2020, shall be determinative of the total coverage of the liability insurance to be included in the calculation of the transferor's total gross assets.

(1) To the extent total gross assets include any liability insurance that was issued to the transferor whose assets are being valued for purposes of this section, the applicability, terms, conditions, and limits of the insurance shall not be affected by this section nor shall this section otherwise affect the rights and obligations of an insurer, transferor, or successor under an insurance contract or any related agreements, including without limitation preenactment settlements resolving coverage-related disputes and the rights of an insurer to: (A) Seek payment for: (i) Applicable deductibles; (ii) Retrospective premiums; or (iii) Self-insured retentions; or (B) Seek contribution from a successor for uninsured or self-insured periods or periods where insurance is uncollectible or otherwise unavailable.

(A) Seek payment for: (i) Applicable deductibles; (ii) Retrospective premiums; or (iii) Self-insured retentions; or

(i) Applicable deductibles;

(ii) Retrospective premiums; or

(iii) Self-insured retentions; or

(B) Seek contribution from a successor for uninsured or self-insured periods or periods where insurance is uncollectible or otherwise unavailable.

(2) Without limiting subdivision (c)(1)(A) of this section, to the extent total gross assets include any liability insurance, a settlement of a dispute concerning any liability insurance coverage entered into by a transferor or successor with the insurers of the transferor before January 1, 2020, shall be determinative of the total coverage of the liability insurance to be included in the calculation of the transferor's total gross assets.

Added by Act 2015, No. 1241,§ 1, eff. 1/1/2020.
Ark. Code Ann. § 16-10-210 — AR Code / Title 16 / Chapter 10 / Subchapter 2 / Section 16-10-210
Accounting systems above minimum
Status: in_force

(a) Any official charged with the maintenance of accounting or bookkeeping records under the provisions of this subchapter whose system of bookkeeping is such that it does not strictly adhere to the provisions of this subchapter, but in that official's opinion equals or exceeds the basic requirements prescribed by this subchapter, may request the court's presiding judge to request a review by the staff of the Legislative Joint Auditing Committee. (b) Upon the committee's concurrence with the official's opinion regarding the capability of the existing system of bookkeeping, a letter shall be issued by the committee to the court's presiding judge stating that the official's accounting system is of such a degree of sophistication that the basic requirements of this subchapter are being met. (c) After issuance of the letter by the committee under subsection (b) of this section, the official is exempt from the requirements of the particulars of the procedures prescribed by this subchapter, provided the official's system of bookkeeping is not altered. Acts 1977, No. 332, § 8; A.S.A. 1947, § 22-1108; Acts 2007, No. 627, § 2.

(a) Any official charged with the maintenance of accounting or bookkeeping records under the provisions of this subchapter whose system of bookkeeping is such that it does not strictly adhere to the provisions of this subchapter, but in that official's opinion equals or exceeds the basic requirements prescribed by this subchapter, may request the court's presiding judge to request a review by the staff of the Legislative Joint Auditing Committee.

(b) Upon the committee's concurrence with the official's opinion regarding the capability of the existing system of bookkeeping, a letter shall be issued by the committee to the court's presiding judge stating that the official's accounting system is of such a degree of sophistication that the basic requirements of this subchapter are being met.

(c) After issuance of the letter by the committee under subsection (b) of this section, the official is exempt from the requirements of the particulars of the procedures prescribed by this subchapter, provided the official's system of bookkeeping is not altered.

Acts 1977, No. 332, § 8; A.S.A. 1947, § 22-1108; Acts 2007, No. 627, § 2.
Ark. Code Ann. § 16-32-104 — AR Code / Title 16 / Chapter 32 / Subchapter 1 / Section 16-32-104
Jury wheel or box
Status: in_force

(a) (1) The names and last known addresses of the persons selected shall be placed, in the presence of the circuit judge and the circuit clerk, in a circular hollow wheel or a large box constructed of sturdy and durable material. In place of names and addresses, the court may cause cards or discs, numbered serially, to reflect the number of prospective jurors required to be placed in the box and shall cause the names on the master list to be numbered serially so that a juror on the list may be identified when his or her number is drawn for entry in the jury book. (2) (A) The wheel or box shall thereafter remain locked at all times, except when in use as provided in this subchapter, by the use of two (2) separate locks so arranged that the key to one will not open the other lock. The clasps into which the locks shall be fitted shall be so arranged that the wheel or box cannot be opened unless both locks are unlocked. (B) The key to one (1) lock shall be kept by the circuit judge, and the key to the other shall be kept by the circuit clerk. (C) The circuit clerk of each county shall keep the wheel or box, when not in use, in a safe and secure place. (3) Whenever the circuit judge finds that there is sufficient reason to believe that the integrity of the contents of the wheel or box may have been compromised, he or she shall cause the names in the wheel or box to be compared with the names on the master list, and the verified names shall then be placed in the wheel or box in open court. (4) Any person other than one acting in open court as authorized by this act who shall open a jury wheel or box with intent to remove, alter, or add to its contents shall be deemed guilty of a felony, and upon conviction shall be imprisoned in the penitentiary not less than one (1) year nor more than twenty-one (21) years. (b) The courts are authorized to use a computer program that is capable of random selection of names from the list of registered voters or the enhanced list of prospective jurors authorized under § 16-32-302 instead of maintaining the jury wheel or box required under subdivisions (a)(1)-(4) of this section. Acts 1969, No. 568, §§ 14, 16, 27; A.S.A. 1947, §§ 39-206, 39-208, 39-219; Acts 2005, No. 87, § 3.

(a) (1) The names and last known addresses of the persons selected shall be placed, in the presence of the circuit judge and the circuit clerk, in a circular hollow wheel or a large box constructed of sturdy and durable material. In place of names and addresses, the court may cause cards or discs, numbered serially, to reflect the number of prospective jurors required to be placed in the box and shall cause the names on the master list to be numbered serially so that a juror on the list may be identified when his or her number is drawn for entry in the jury book. (2) (A) The wheel or box shall thereafter remain locked at all times, except when in use as provided in this subchapter, by the use of two (2) separate locks so arranged that the key to one will not open the other lock. The clasps into which the locks shall be fitted shall be so arranged that the wheel or box cannot be opened unless both locks are unlocked. (B) The key to one (1) lock shall be kept by the circuit judge, and the key to the other shall be kept by the circuit clerk. (C) The circuit clerk of each county shall keep the wheel or box, when not in use, in a safe and secure place. (3) Whenever the circuit judge finds that there is sufficient reason to believe that the integrity of the contents of the wheel or box may have been compromised, he or she shall cause the names in the wheel or box to be compared with the names on the master list, and the verified names shall then be placed in the wheel or box in open court. (4) Any person other than one acting in open court as authorized by this act who shall open a jury wheel or box with intent to remove, alter, or add to its contents shall be deemed guilty of a felony, and upon conviction shall be imprisoned in the penitentiary not less than one (1) year nor more than twenty-one (21) years.

(1) The names and last known addresses of the persons selected shall be placed, in the presence of the circuit judge and the circuit clerk, in a circular hollow wheel or a large box constructed of sturdy and durable material. In place of names and addresses, the court may cause cards or discs, numbered serially, to reflect the number of prospective jurors required to be placed in the box and shall cause the names on the master list to be numbered serially so that a juror on the list may be identified when his or her number is drawn for entry in the jury book.

(2) (A) The wheel or box shall thereafter remain locked at all times, except when in use as provided in this subchapter, by the use of two (2) separate locks so arranged that the key to one will not open the other lock. The clasps into which the locks shall be fitted shall be so arranged that the wheel or box cannot be opened unless both locks are unlocked. (B) The key to one (1) lock shall be kept by the circuit judge, and the key to the other shall be kept by the circuit clerk. (C) The circuit clerk of each county shall keep the wheel or box, when not in use, in a safe and secure place.

(A) The wheel or box shall thereafter remain locked at all times, except when in use as provided in this subchapter, by the use of two (2) separate locks so arranged that the key to one will not open the other lock. The clasps into which the locks shall be fitted shall be so arranged that the wheel or box cannot be opened unless both locks are unlocked.

(B) The key to one (1) lock shall be kept by the circuit judge, and the key to the other shall be kept by the circuit clerk.

(C) The circuit clerk of each county shall keep the wheel or box, when not in use, in a safe and secure place.

(3) Whenever the circuit judge finds that there is sufficient reason to believe that the integrity of the contents of the wheel or box may have been compromised, he or she shall cause the names in the wheel or box to be compared with the names on the master list, and the verified names shall then be placed in the wheel or box in open court.

(4) Any person other than one acting in open court as authorized by this act who shall open a jury wheel or box with intent to remove, alter, or add to its contents shall be deemed guilty of a felony, and upon conviction shall be imprisoned in the penitentiary not less than one (1) year nor more than twenty-one (21) years.

(b) The courts are authorized to use a computer program that is capable of random selection of names from the list of registered voters or the enhanced list of prospective jurors authorized under § 16-32-302 instead of maintaining the jury wheel or box required under subdivisions (a)(1)-(4) of this section.

Acts 1969, No. 568, §§ 14, 16, 27; A.S.A. 1947, §§ 39-206, 39-208, 39-219; Acts 2005, No. 87, § 3.
Ark. Code Ann. § 16-67-327 — AR Code / Title 16 / Chapter 67 / Subchapter 3 / Section 16-67-327
[Repealed]
Status: repealed

Repealed by Act 2013, No. 1148,§ 55, eff. 8/16/2013. Civil Code, § 884; Acts 1873, No. 88, § 1[884], p. 213; C. & M. Dig., § 1271; Pope's Dig., § 1495; A.S.A. 1947, § 27-2151.

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

Civil Code, § 884; Acts 1873, No. 88, § 1[884], p. 213; C. & M. Dig., § 1271; Pope's Dig., § 1495; A.S.A. 1947, § 27-2151.
Ark. Code Ann. § 16-118-114 — AR Code / Title 16 / Chapter 118 / Section 16-118-114
Civil action against a person who engages in a riot or disorderly conduct, or who obstructs or interferes with emergency medical services personnel or first responder
Status: in_force

(a) In addition to any other cause of action available to a person, a person who suffers injury to himself or herself or to his or her property as a direct or indirect result of: (1) An act of obstructing or interfering with emergency medical personnel or a first responder, § 5-60-123 , if the act of obstructing or interfering with emergency medical personnel or a first responder is a felony or Class A misdemeanor, may bring a civil action against a person who obstructed or interfered with the emergency medical personnel or first responder; or (2) A riot or the activity of a rioter under § 5-71-201 et seq., may bring a civil action against the rioter or a person or entity that incites the riot. (b) A court hearing a civil action under this section may award compensatory damages, punitive damages, costs, reasonable attorney's fees, and expenses to a plaintiff who prevails in the civil action. Added by Act 2017, No. 952,§ 2, eff. 8/1/2017.

(a) In addition to any other cause of action available to a person, a person who suffers injury to himself or herself or to his or her property as a direct or indirect result of: (1) An act of obstructing or interfering with emergency medical personnel or a first responder, § 5-60-123 , if the act of obstructing or interfering with emergency medical personnel or a first responder is a felony or Class A misdemeanor, may bring a civil action against a person who obstructed or interfered with the emergency medical personnel or first responder; or (2) A riot or the activity of a rioter under § 5-71-201 et seq., may bring a civil action against the rioter or a person or entity that incites the riot.

(1) An act of obstructing or interfering with emergency medical personnel or a first responder, § 5-60-123 , if the act of obstructing or interfering with emergency medical personnel or a first responder is a felony or Class A misdemeanor, may bring a civil action against a person who obstructed or interfered with the emergency medical personnel or first responder; or

(2) A riot or the activity of a rioter under § 5-71-201 et seq., may bring a civil action against the rioter or a person or entity that incites the riot.

(b) A court hearing a civil action under this section may award compensatory damages, punitive damages, costs, reasonable attorney's fees, and expenses to a plaintiff who prevails in the civil action.

Added by Act 2017, No. 952,§ 2, eff. 8/1/2017.
Ark. Code Ann. § 16-81-401 — AR Code / Title 16 / Chapter 81 / Subchapter 4 / Section 16-81-401
Title
Status: in_force

This subchapter may be called the "Uniform Act on Interstate Fresh Pursuit." Acts 1951, No. 211, § 1; A.S.A. 1947, § 43-511.

This subchapter may be called the "Uniform Act on Interstate Fresh Pursuit."

Acts 1951, No. 211, § 1; A.S.A. 1947, § 43-511.
Ark. Code Ann. § 16-66-406 — AR Code / Title 16 / Chapter 66 / Subchapter 4 / Section 16-66-406
Forthcoming bond by owner - Default
Status: in_force

(a) (1) The owner of personal estate taken in execution may give to the officer levying on the personal estate an obligation, with good surety, to have the property forthcoming at the time and place of sale, specifying in the obligation each article of property and its value. (2) The obligation may be in substance as follows: "We, A. B., principal, and C. D., surety, do bind ourselves that the property mentioned in the following schedule and valuation, to wit: valued at $ ............... (naming each article and its value), shall be forthcoming at ..............., on the ............... day of ............... next, at the hour of twelve o'clock in the day. "Witness our hands, this ............... day of ..............., 20 ................" (3) Upon the giving of the obligation, the officer shall return the possession of the property, so taken in execution, to the defendant, to remain with him or her, at his or her own risk and expense, until the time specified for its delivery. (b) (1) If the defendant fails to pay or stay the amount of the execution and fails to deliver so much of the property specified in the forthcoming obligation or other property in its place, as is sufficient to satisfy the execution and all costs and commissions, the officer shall return the execution and bond to the office from which the execution was issued and endorse on the execution the levy, the giving of the bond, and the particular property which is not forthcoming, and the other facts. (2) The surety on the bond shall be liable only for the value of the property specified in the bond, which is not forthcoming, with interest thereon, from the date of the bond, and accruing costs. (3) If the property specified in the forthcoming bond is not of value sufficient to satisfy the execution and all costs and commissions, the proper officer may issue another execution and credit the execution with the value of the property specified in the bond. (c) An officer taking a forthcoming bond, who shall fail to return the bond to the proper officer for twenty (20) days, after the failure to comply on the part of the defendant shall, with his or her sureties, be liable to the plaintiff for the amount of the execution, costs, and commission, and twenty percent (20%) thereon, to be recovered by action against any one (1) or more of them or their representatives. Civil Code, §§ 680-682; C. & M. Dig., §§ 4298-4303; Pope's Dig., §§ 5310-5315; A.S.A. 1947, §§ 30-412 -- 30-414.

(a) (1) The owner of personal estate taken in execution may give to the officer levying on the personal estate an obligation, with good surety, to have the property forthcoming at the time and place of sale, specifying in the obligation each article of property and its value. (2) The obligation may be in substance as follows: "We, A. B., principal, and C. D., surety, do bind ourselves that the property mentioned in the following schedule and valuation, to wit: valued at $ ............... (naming each article and its value), shall be forthcoming at ..............., on the ............... day of ............... next, at the hour of twelve o'clock in the day. "Witness our hands, this ............... day of ..............., 20 ................" (3) Upon the giving of the obligation, the officer shall return the possession of the property, so taken in execution, to the defendant, to remain with him or her, at his or her own risk and expense, until the time specified for its delivery.

(1) The owner of personal estate taken in execution may give to the officer levying on the personal estate an obligation, with good surety, to have the property forthcoming at the time and place of sale, specifying in the obligation each article of property and its value.

(2) The obligation may be in substance as follows: "We, A. B., principal, and C. D., surety, do bind ourselves that the property mentioned in the following schedule and valuation, to wit: valued at $ ............... (naming each article and its value), shall be forthcoming at ..............., on the ............... day of ............... next, at the hour of twelve o'clock in the day. "Witness our hands, this ............... day of ..............., 20 ................"

"We, A. B., principal, and C. D., surety, do bind ourselves that the property mentioned in the following schedule and valuation, to wit: valued at $ ............... (naming each article and its value), shall be forthcoming at ..............., on the ............... day of ............... next, at the hour of twelve o'clock in the day.

"Witness our hands, this ............... day of ..............., 20 ................"

(3) Upon the giving of the obligation, the officer shall return the possession of the property, so taken in execution, to the defendant, to remain with him or her, at his or her own risk and expense, until the time specified for its delivery.

(b) (1) If the defendant fails to pay or stay the amount of the execution and fails to deliver so much of the property specified in the forthcoming obligation or other property in its place, as is sufficient to satisfy the execution and all costs and commissions, the officer shall return the execution and bond to the office from which the execution was issued and endorse on the execution the levy, the giving of the bond, and the particular property which is not forthcoming, and the other facts. (2) The surety on the bond shall be liable only for the value of the property specified in the bond, which is not forthcoming, with interest thereon, from the date of the bond, and accruing costs. (3) If the property specified in the forthcoming bond is not of value sufficient to satisfy the execution and all costs and commissions, the proper officer may issue another execution and credit the execution with the value of the property specified in the bond.

(1) If the defendant fails to pay or stay the amount of the execution and fails to deliver so much of the property specified in the forthcoming obligation or other property in its place, as is sufficient to satisfy the execution and all costs and commissions, the officer shall return the execution and bond to the office from which the execution was issued and endorse on the execution the levy, the giving of the bond, and the particular property which is not forthcoming, and the other facts.

(2) The surety on the bond shall be liable only for the value of the property specified in the bond, which is not forthcoming, with interest thereon, from the date of the bond, and accruing costs.

(3) If the property specified in the forthcoming bond is not of value sufficient to satisfy the execution and all costs and commissions, the proper officer may issue another execution and credit the execution with the value of the property specified in the bond.

(c) An officer taking a forthcoming bond, who shall fail to return the bond to the proper officer for twenty (20) days, after the failure to comply on the part of the defendant shall, with his or her sureties, be liable to the plaintiff for the amount of the execution, costs, and commission, and twenty percent (20%) thereon, to be recovered by action against any one (1) or more of them or their representatives.

Civil Code, §§ 680-682; C. & M. Dig., §§ 4298-4303; Pope's Dig., §§ 5310-5315; A.S.A. 1947, §§ 30-412 -- 30-414.
Ark. Code Ann. § 16-68-405 — AR Code / Title 16 / Chapter 68 / Subchapter 4 / Section 16-68-405
Suits for use of another - Liability to plaintiff for costs
Status: in_force

When a suit is commenced in the name of one person to the use of another, the person for whose use the action is brought shall be liable for the payment of all costs which the plaintiff may be adjudged to pay, and execution may be issued therefor. Rev. Stat., ch. 34, § 27; C. & M. Dig., § 1838; Pope's Dig., § 2357; A.S.A. 1947, § 27-2317.

When a suit is commenced in the name of one person to the use of another, the person for whose use the action is brought shall be liable for the payment of all costs which the plaintiff may be adjudged to pay, and execution may be issued therefor.

Rev. Stat., ch. 34, § 27; C. & M. Dig., § 1838; Pope's Dig., § 2357; A.S.A. 1947, § 27-2317.
Ark. Code Ann. § 16-46-212 — AR Code / Title 16 / Chapter 46 / Subchapter 2 / Section 16-46-212
[Repealed]
Status: repealed

Repealed by Act 2013, No. 1148,§ 18, eff. 8/16/2013. Acts 1949, No. 293, § 4; A.S.A. 1947, § 28-931.

Repealed by Act 2013, No. 1148,§ 18, eff. 8/16/2013.

Acts 1949, No. 293, § 4; A.S.A. 1947, § 28-931.
Ark. Code Ann. § 16-85-401 — AR Code / Title 16 / Chapter 85 / Subchapter 4 / Section 16-85-401
Definition
Status: in_force

As used in this code, unless the context otherwise requires, an "indictment" is an accusation in writing, found and presented by a grand jury to the court in which they are impaneled, charging a person with the commission of a public offense. Crim. Code, § 117; C. & M. Dig., § 3007; Pope's Dig., § 3829; A.S.A. 1947, § 43-1001.

As used in this code, unless the context otherwise requires, an "indictment" is an accusation in writing, found and presented by a grand jury to the court in which they are impaneled, charging a person with the commission of a public offense.

Crim. Code, § 117; C. & M. Dig., § 3007; Pope's Dig., § 3829; A.S.A. 1947, § 43-1001.
Ark. Code Ann. § 16-90-409 — AR Code / Title 16 / Chapter 90 / Subchapter 4 / Section 16-90-409
Judgment - Abatement of nuisance, etc
Status: in_force

(a) A certified copy of the judgment delivered to the county sheriff shall authorize and require him or her to execute a judgment for the abatement or removal of a nuisance or for anything other than the payment of money by the defendant. (b) The county sheriff shall make a return of his or her execution of the judgment and file the return with the clerk of the court within sixty (60) days after the copy is delivered to him or her. Crim. Code, § 298; C. & M. Dig., § 3267; Pope's Dig., § 4112; A.S.A. 1947, § 43-2609.

(a) A certified copy of the judgment delivered to the county sheriff shall authorize and require him or her to execute a judgment for the abatement or removal of a nuisance or for anything other than the payment of money by the defendant.

(b) The county sheriff shall make a return of his or her execution of the judgment and file the return with the clerk of the court within sixty (60) days after the copy is delivered to him or her.

Crim. Code, § 298; C. & M. Dig., § 3267; Pope's Dig., § 4112; A.S.A. 1947, § 43-2609.
Ark. Code Ann. § 16-43-702 — AR Code / Title 16 / Chapter 43 / Subchapter 7 / Section 16-43-702
[Repealed]
Status: repealed

Repealed by Act 2013, No. 1148,§ 8, eff. 8/16/2013. Civil Code, § 651; C. & M. Dig., § 4184; Pope's Dig., § 5194; A.S.A. 1947, § 28-704.

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

Civil Code, § 651; C. & M. Dig., § 4184; Pope's Dig., § 5194; A.S.A. 1947, § 28-704.
Ark. Code Ann. § 16-110-405 — AR Code / Title 16 / Chapter 110 / Subchapter 4 / Section 16-110-405
Denial of answer
Status: in_force

(a) If the garnishee files his or her answer to the interrogatories exhibited and the plaintiff deems the answers untrue or insufficient, he or she may deny the answer and cause his or her denial to be entered on the record. (b) The court or justice, if neither party requires a jury, shall proceed to try the facts put in issue by the answer of the garnishee and the denial of the plaintiff. Acts 1889, No. 115, § 5, p. 168; C. & M. Dig., § 4912; Pope's Dig., § 6125; A.S.A. 1947, § 31-508.

(a) If the garnishee files his or her answer to the interrogatories exhibited and the plaintiff deems the answers untrue or insufficient, he or she may deny the answer and cause his or her denial to be entered on the record.

(b) The court or justice, if neither party requires a jury, shall proceed to try the facts put in issue by the answer of the garnishee and the denial of the plaintiff.

Acts 1889, No. 115, § 5, p. 168; C. & M. Dig., § 4912; Pope's Dig., § 6125; A.S.A. 1947, § 31-508.
Ark. Code Ann. § 16-17-221 — AR Code / Title 16 / Chapter 17 / Subchapter 2 / Section 16-17-221
Improper use of process - Granting privileges - Failure to report or pay over fines - Penalty
Status: in_force

(a) Any district judge who makes use, directly or indirectly, of the process of his or her own court, either as a party litigant or in interest or as an attorney or agent for any party litigant or in interest, or who offers or gives by way of remission of fees or otherwise any pecuniary inducements to the institution or maintenance of any suits, prosecutions, or proceedings in his or her court and any sheriff, constable, police chief, or district court clerk who fails to report or pay over fines, penalties, forfeitures, fees, or costs collected by him or her shall be guilty of a violation and upon conviction for each of such offenses shall be punished by a fine of not less than fifty dollars ($50.00) nor more than five hundred dollars ($500). (b) A conviction under this section shall work a forfeiture of office. (c) Notwithstanding any other provision of this section, sheriffs and constables may retain the fees and costs due them out of each cause. Acts 1927, No. 60, § 23; Pope's Dig., § 9919; A.S.A. 1947, § 22-728; Acts 2003, No. 1185, § 130; 2005, No. 1994, § 81.

(a) Any district judge who makes use, directly or indirectly, of the process of his or her own court, either as a party litigant or in interest or as an attorney or agent for any party litigant or in interest, or who offers or gives by way of remission of fees or otherwise any pecuniary inducements to the institution or maintenance of any suits, prosecutions, or proceedings in his or her court and any sheriff, constable, police chief, or district court clerk who fails to report or pay over fines, penalties, forfeitures, fees, or costs collected by him or her shall be guilty of a violation and upon conviction for each of such offenses shall be punished by a fine of not less than fifty dollars ($50.00) nor more than five hundred dollars ($500).

(b) A conviction under this section shall work a forfeiture of office.

(c) Notwithstanding any other provision of this section, sheriffs and constables may retain the fees and costs due them out of each cause.

Acts 1927, No. 60, § 23; Pope's Dig., § 9919; A.S.A. 1947, § 22-728; Acts 2003, No. 1185, § 130; 2005, No. 1994, § 81.
Ark. Code Ann. § 16-116-206 — AR Code / Title 16 / Chapter 116 / Subchapter 2 / Section 16-116-206
Evidence of alterations
Status: in_force

If a product is not unreasonably dangerous at the time it leaves the control of the manufacturer or supplier but was made unreasonably dangerous by subsequent unforeseeable alteration, change, improper maintenance, or abnormal use, such conduct may be considered as evidence of fault on the part of the user. Acts 1979, No. 511, § 7; A.S.A. 1947, § 34-2807.

If a product is not unreasonably dangerous at the time it leaves the control of the manufacturer or supplier but was made unreasonably dangerous by subsequent unforeseeable alteration, change, improper maintenance, or abnormal use, such conduct may be considered as evidence of fault on the part of the user.

Acts 1979, No. 511, § 7; A.S.A. 1947, § 34-2807.
Ark. Code Ann. § 16-93-210 — AR Code / Title 16 / Chapter 93 / Subchapter 2 / Section 16-93-210
Monthly performance report on parole and post-release supervision applications and outcome - Reports concerning administrative directives filed with Legislative Council
Status: in_force

(a) (1) The Post-Prison Transfer Board shall submit a monthly report to the chairs of the House Committee on Judiciary and the Senate Committee on Judiciary, the Legislative Council, the Board of Corrections, and the Governor, showing the number of persons who make application for parole or post-release supervision and those who are granted or denied parole or post-release supervision during the previous month for each criminal offense classification. (2) The report shall include a breakdown by race of all persons sentenced in each criminal offense classification. (3) The report shall include the reason for each denial of parole or post-release supervision, the results of the risk-needs assessment, and the course of action that accompanies each denial pursuant to § 16-93-615(a)(2)(B)(ii) . (b) The Post-Prison Transfer Board shall cooperate with and upon request make presentations and provide various reports, to the extent the Post-Prison Transfer Board's budget will allow, to the Legislative Council concerning Post-Prison Transfer Board policy and criteria on discretionary offender programs and services. (c) The Post-Prison Transfer Board shall file a report with the Legislative Council on a quarterly basis containing all new and revised administrative directives issued in the previous quarter by: (1) The Post-Prison Transfer Board; (2) The Chair of the Post-Prison Transfer Board; and (3) Staff of the Post-Prison Transfer Board. Amended by Act 2023, No. 659,§ 174, eff. 1/1/2024. Amended by Act 2015, No. 1258,§ 15, eff. 7/22/2015. Amended by Act 2015, No. 1152,§ 15, eff. 7/22/2015. Acts 2003, No. 1031, § 6; 2005, No. 1994, § 277; 2011, No. 570, § 88.

(a) (1) The Post-Prison Transfer Board shall submit a monthly report to the chairs of the House Committee on Judiciary and the Senate Committee on Judiciary, the Legislative Council, the Board of Corrections, and the Governor, showing the number of persons who make application for parole or post-release supervision and those who are granted or denied parole or post-release supervision during the previous month for each criminal offense classification. (2) The report shall include a breakdown by race of all persons sentenced in each criminal offense classification. (3) The report shall include the reason for each denial of parole or post-release supervision, the results of the risk-needs assessment, and the course of action that accompanies each denial pursuant to § 16-93-615(a)(2)(B)(ii) .

(1) The Post-Prison Transfer Board shall submit a monthly report to the chairs of the House Committee on Judiciary and the Senate Committee on Judiciary, the Legislative Council, the Board of Corrections, and the Governor, showing the number of persons who make application for parole or post-release supervision and those who are granted or denied parole or post-release supervision during the previous month for each criminal offense classification.

(2) The report shall include a breakdown by race of all persons sentenced in each criminal offense classification.

(3) The report shall include the reason for each denial of parole or post-release supervision, the results of the risk-needs assessment, and the course of action that accompanies each denial pursuant to § 16-93-615(a)(2)(B)(ii) .

(b) The Post-Prison Transfer Board shall cooperate with and upon request make presentations and provide various reports, to the extent the Post-Prison Transfer Board's budget will allow, to the Legislative Council concerning Post-Prison Transfer Board policy and criteria on discretionary offender programs and services.

(c) The Post-Prison Transfer Board shall file a report with the Legislative Council on a quarterly basis containing all new and revised administrative directives issued in the previous quarter by: (1) The Post-Prison Transfer Board; (2) The Chair of the Post-Prison Transfer Board; and (3) Staff of the Post-Prison Transfer Board.

(1) The Post-Prison Transfer Board;

(2) The Chair of the Post-Prison Transfer Board; and

(3) Staff of the Post-Prison Transfer Board.

Amended by Act 2023, No. 659,§ 174, eff. 1/1/2024.

Amended by Act 2015, No. 1258,§ 15, eff. 7/22/2015.

Amended by Act 2015, No. 1152,§ 15, eff. 7/22/2015.

Acts 2003, No. 1031, § 6; 2005, No. 1994, § 277; 2011, No. 570, § 88.
Ark. Code Ann. § 16-87-218 — AR Code / Title 16 / Chapter 87 / Subchapter 2 / Section 16-87-218
Schedule of costs for legal services - Definitions
Status: in_force

(a) As used in this section: (1) "Early disposition" means a disposition that occurs within sixty (60) days of the date of the person's arrest or before the state files a criminal information, whichever occurs sooner; and (2) "Extended matter" means a case that involves legal proceedings that extend beyond a completed trial. (b) At the time of final disposition of any charges pending against a defendant represented by a public defender, the public defender shall ask the court to enter a judgment against the defendant in favor of the State of Arkansas for legal services rendered by the public defender. (c) The amount of judgment shall be based on the following nonbinding fee schedule: (1) Capital murder, § 5-10-101 , in which the death penalty was given, including any appeal and post-conviction remedy, twelve thousand five hundred dollars ($12,500); (2) Capital murder, § 5-10-101 , in which the death penalty was not given, murder in the first degree, § 5-10-102 , or Class Y felony: (A) For an early disposition, five hundred dollars ($500); (B) For a negotiated plea or disposition before trial, two thousand five hundred dollars ($2,500); or (C) For a trial or an extended matter, seven thousand five hundred dollars ($7,500); (3) Any other felony homicide, §§ 5-10-103 - 5-10-106 , Class A felony, or Class B felony: (A) For an early disposition, two hundred fifty dollars ($250); (B) For a negotiated plea or disposition before trial, one thousand two hundred fifty dollars ($1,250); or (C) For a trial or an extended matter, five thousand dollars ($5,000); (4) A Class C felony, Class D felony, unclassified felony, or driving or boating while intoxicated, § 5-65-103 , third offense: (A) For an early disposition, one hundred twenty-five dollars ($125); (B) For a negotiated plea or disposition before trial, six hundred twenty-five dollars ($625); or (C) For a trial or an extended matter, two thousand five hundred dollars ($2,500); (5) Any other misdemeanor: (A) For an early disposition, sixty-five dollars ($65.00); (B) For a negotiated plea or disposition before trial, one hundred twenty-five dollars ($125); or (C) For a trial or an extended matter, five hundred dollars ($500); (6) Any juvenile matter: (A) For an early disposition, sixty-five dollars ($65.00); (B) For a negotiated plea or disposition before trial, one hundred twenty-five dollars ($125); or (C) For a trial or an extended matter, five hundred dollars ($500); or (7) Any post-conviction relief that is not a direct appeal of the conviction: (A) For an early disposition, two hundred dollars ($200); (B) For a negotiated plea or disposition before trial or hearing, four hundred dollars ($400); or (C) For a trial or hearing or an extended matter, six hundred twenty-five dollars ($625). (d) A court is not required to enter a judgment against a defendant under this section. Amended by Act 2015, No. 299,§ 23, eff. 7/22/2015. Added by Act 2013, No. 961,§ 3, eff. 8/16/2013.

(a) As used in this section: (1) "Early disposition" means a disposition that occurs within sixty (60) days of the date of the person's arrest or before the state files a criminal information, whichever occurs sooner; and (2) "Extended matter" means a case that involves legal proceedings that extend beyond a completed trial.

(1) "Early disposition" means a disposition that occurs within sixty (60) days of the date of the person's arrest or before the state files a criminal information, whichever occurs sooner; and

(2) "Extended matter" means a case that involves legal proceedings that extend beyond a completed trial.

(b) At the time of final disposition of any charges pending against a defendant represented by a public defender, the public defender shall ask the court to enter a judgment against the defendant in favor of the State of Arkansas for legal services rendered by the public defender.

(c) The amount of judgment shall be based on the following nonbinding fee schedule: (1) Capital murder, § 5-10-101 , in which the death penalty was given, including any appeal and post-conviction remedy, twelve thousand five hundred dollars ($12,500); (2) Capital murder, § 5-10-101 , in which the death penalty was not given, murder in the first degree, § 5-10-102 , or Class Y felony: (A) For an early disposition, five hundred dollars ($500); (B) For a negotiated plea or disposition before trial, two thousand five hundred dollars ($2,500); or (C) For a trial or an extended matter, seven thousand five hundred dollars ($7,500); (3) Any other felony homicide, §§ 5-10-103 - 5-10-106 , Class A felony, or Class B felony: (A) For an early disposition, two hundred fifty dollars ($250); (B) For a negotiated plea or disposition before trial, one thousand two hundred fifty dollars ($1,250); or (C) For a trial or an extended matter, five thousand dollars ($5,000); (4) A Class C felony, Class D felony, unclassified felony, or driving or boating while intoxicated, § 5-65-103 , third offense: (A) For an early disposition, one hundred twenty-five dollars ($125); (B) For a negotiated plea or disposition before trial, six hundred twenty-five dollars ($625); or (C) For a trial or an extended matter, two thousand five hundred dollars ($2,500); (5) Any other misdemeanor: (A) For an early disposition, sixty-five dollars ($65.00); (B) For a negotiated plea or disposition before trial, one hundred twenty-five dollars ($125); or (C) For a trial or an extended matter, five hundred dollars ($500); (6) Any juvenile matter: (A) For an early disposition, sixty-five dollars ($65.00); (B) For a negotiated plea or disposition before trial, one hundred twenty-five dollars ($125); or (C) For a trial or an extended matter, five hundred dollars ($500); or (7) Any post-conviction relief that is not a direct appeal of the conviction: (A) For an early disposition, two hundred dollars ($200); (B) For a negotiated plea or disposition before trial or hearing, four hundred dollars ($400); or (C) For a trial or hearing or an extended matter, six hundred twenty-five dollars ($625).

(1) Capital murder, § 5-10-101 , in which the death penalty was given, including any appeal and post-conviction remedy, twelve thousand five hundred dollars ($12,500);

(2) Capital murder, § 5-10-101 , in which the death penalty was not given, murder in the first degree, § 5-10-102 , or Class Y felony: (A) For an early disposition, five hundred dollars ($500); (B) For a negotiated plea or disposition before trial, two thousand five hundred dollars ($2,500); or (C) For a trial or an extended matter, seven thousand five hundred dollars ($7,500);

(A) For an early disposition, five hundred dollars ($500);

(B) For a negotiated plea or disposition before trial, two thousand five hundred dollars ($2,500); or

(C) For a trial or an extended matter, seven thousand five hundred dollars ($7,500);

(3) Any other felony homicide, §§ 5-10-103 - 5-10-106 , Class A felony, or Class B felony: (A) For an early disposition, two hundred fifty dollars ($250); (B) For a negotiated plea or disposition before trial, one thousand two hundred fifty dollars ($1,250); or (C) For a trial or an extended matter, five thousand dollars ($5,000);

(A) For an early disposition, two hundred fifty dollars ($250);

(B) For a negotiated plea or disposition before trial, one thousand two hundred fifty dollars ($1,250); or

(C) For a trial or an extended matter, five thousand dollars ($5,000);

(4) A Class C felony, Class D felony, unclassified felony, or driving or boating while intoxicated, § 5-65-103 , third offense: (A) For an early disposition, one hundred twenty-five dollars ($125); (B) For a negotiated plea or disposition before trial, six hundred twenty-five dollars ($625); or (C) For a trial or an extended matter, two thousand five hundred dollars ($2,500);

(A) For an early disposition, one hundred twenty-five dollars ($125);

(B) For a negotiated plea or disposition before trial, six hundred twenty-five dollars ($625); or

(C) For a trial or an extended matter, two thousand five hundred dollars ($2,500);

(5) Any other misdemeanor: (A) For an early disposition, sixty-five dollars ($65.00); (B) For a negotiated plea or disposition before trial, one hundred twenty-five dollars ($125); or (C) For a trial or an extended matter, five hundred dollars ($500);

(A) For an early disposition, sixty-five dollars ($65.00);

(B) For a negotiated plea or disposition before trial, one hundred twenty-five dollars ($125); or

(C) For a trial or an extended matter, five hundred dollars ($500);

(6) Any juvenile matter: (A) For an early disposition, sixty-five dollars ($65.00); (B) For a negotiated plea or disposition before trial, one hundred twenty-five dollars ($125); or (C) For a trial or an extended matter, five hundred dollars ($500); or

(A) For an early disposition, sixty-five dollars ($65.00);

(B) For a negotiated plea or disposition before trial, one hundred twenty-five dollars ($125); or

(C) For a trial or an extended matter, five hundred dollars ($500); or

(7) Any post-conviction relief that is not a direct appeal of the conviction: (A) For an early disposition, two hundred dollars ($200); (B) For a negotiated plea or disposition before trial or hearing, four hundred dollars ($400); or (C) For a trial or hearing or an extended matter, six hundred twenty-five dollars ($625).

(A) For an early disposition, two hundred dollars ($200);

(B) For a negotiated plea or disposition before trial or hearing, four hundred dollars ($400); or

(C) For a trial or hearing or an extended matter, six hundred twenty-five dollars ($625).

(d) A court is not required to enter a judgment against a defendant under this section.

Amended by Act 2015, No. 299,§ 23, eff. 7/22/2015.

Added by Act 2013, No. 961,§ 3, eff. 8/16/2013.
Ark. Code Ann. § 16-123-301 — AR Code / Title 16 / Chapter 123 / Subchapter 3 / Section 16-123-301
Finding
Status: in_force

The General Assembly recognizes: (1) That the right to seek housing underlies the general public's ability to secure health, safety, and welfare; and (2) Seeks with this subchapter to protect the public's access to fair housing. Acts 2001, No. 1785, § 2.

The General Assembly recognizes:

(1) That the right to seek housing underlies the general public's ability to secure health, safety, and welfare; and

(2) Seeks with this subchapter to protect the public's access to fair housing.

Acts 2001, No. 1785, § 2.
Ark. Code Ann. § 16-10-314 — AR Code / Title 16 / Chapter 10 / Subchapter 3 / Section 16-10-314
Support for Arkansas publicly funded law schools
Status: in_force

(a) Notwithstanding §§ 16-10-306 , 16-10-307 , 16-10-603 , 16-10-604 , and 19-5-993 or any other law to the contrary, fifteen dollars ($15.00) of the uniform filing fee collected in circuit court under § 21-6-403(b)(1) shall be deposited as follows: (1) Fifty percent (50%) of the revenues shall be deposited into the State Treasury as special revenues to the credit of the University of Arkansas Fund, there to be used for the support of the University of Arkansas School of Law; and (2) Fifty percent (50%) of the revenues shall be deposited into the State Treasury as special revenues to the credit of the University of Arkansas at Little Rock Fund, there to be used for the support of the University of Arkansas at Little Rock School of Law. (b) These moneys shall be in addition to all other sources of funding for the law schools and shall not be used to supplant any other source of funding for the law schools. Acts 2005, No. 431, § 2.

(a) Notwithstanding §§ 16-10-306 , 16-10-307 , 16-10-603 , 16-10-604 , and 19-5-993 or any other law to the contrary, fifteen dollars ($15.00) of the uniform filing fee collected in circuit court under § 21-6-403(b)(1) shall be deposited as follows: (1) Fifty percent (50%) of the revenues shall be deposited into the State Treasury as special revenues to the credit of the University of Arkansas Fund, there to be used for the support of the University of Arkansas School of Law; and (2) Fifty percent (50%) of the revenues shall be deposited into the State Treasury as special revenues to the credit of the University of Arkansas at Little Rock Fund, there to be used for the support of the University of Arkansas at Little Rock School of Law.

(1) Fifty percent (50%) of the revenues shall be deposited into the State Treasury as special revenues to the credit of the University of Arkansas Fund, there to be used for the support of the University of Arkansas School of Law; and

(2) Fifty percent (50%) of the revenues shall be deposited into the State Treasury as special revenues to the credit of the University of Arkansas at Little Rock Fund, there to be used for the support of the University of Arkansas at Little Rock School of Law.

(b) These moneys shall be in addition to all other sources of funding for the law schools and shall not be used to supplant any other source of funding for the law schools.

Acts 2005, No. 431, § 2.
Ark. Code Ann. § 16-13-2606 — AR Code / Title 16 / Chapter 13 / Subchapter 26 / Section 16-13-2606
Secretary-case coordinator
Status: in_force

(a) Each circuit judge, chancery judge, circuit-chancery judge, and circuit-chancery judge of the juvenile division of chancery court, Eighteenth Judicial District-East, may employ a secretary-case coordinator to serve each judge at the pleasure of the appointing judge, at an annual salary based upon the classification in the table in subdivision (b)(1) of this section, payable in equal monthly installments by Garland County. (b) (1) No payment of salary may be made except in conformity with the salary rates assigned in the table below and only after the appointing judge has certified in writing the term of the employee's experience to the county clerk: GRADE EXPERIENCE SALARY I Entry level $19,500.00 II 18 months $20,250.00 III 36 months $21,000.00 IV 54 months $21,630.00 V 72 months $22,278.90 VI 90 months $22,947.26 VII 108 months $23,635.68 (2) The appointing judge shall have discretion in certifying or omitting to certify increases in salary above the entry level. Acts 1993, No. 313, §§ 1, 2.

(a) Each circuit judge, chancery judge, circuit-chancery judge, and circuit-chancery judge of the juvenile division of chancery court, Eighteenth Judicial District-East, may employ a secretary-case coordinator to serve each judge at the pleasure of the appointing judge, at an annual salary based upon the classification in the table in subdivision (b)(1) of this section, payable in equal monthly installments by Garland County.

(b) (1) No payment of salary may be made except in conformity with the salary rates assigned in the table below and only after the appointing judge has certified in writing the term of the employee's experience to the county clerk: GRADE EXPERIENCE SALARY I Entry level $19,500.00 II 18 months $20,250.00 III 36 months $21,000.00 IV 54 months $21,630.00 V 72 months $22,278.90 VI 90 months $22,947.26 VII 108 months $23,635.68 (2) The appointing judge shall have discretion in certifying or omitting to certify increases in salary above the entry level.

(1) No payment of salary may be made except in conformity with the salary rates assigned in the table below and only after the appointing judge has certified in writing the term of the employee's experience to the county clerk: GRADE EXPERIENCE SALARY I Entry level $19,500.00 II 18 months $20,250.00 III 36 months $21,000.00 IV 54 months $21,630.00 V 72 months $22,278.90 VI 90 months $22,947.26 VII 108 months $23,635.68

GRADE EXPERIENCE SALARY I Entry level $19,500.00 II 18 months $20,250.00 III 36 months $21,000.00 IV 54 months $21,630.00 V 72 months $22,278.90 VI 90 months $22,947.26 VII 108 months $23,635.68

GRADE

EXPERIENCE

SALARY

I

Entry level

$19,500.00

II

18 months

$20,250.00

III

36 months

$21,000.00

IV

54 months

$21,630.00

V

72 months

$22,278.90

VI

90 months

$22,947.26

VII

108 months

$23,635.68

(2) The appointing judge shall have discretion in certifying or omitting to certify increases in salary above the entry level.

Acts 1993, No. 313, §§ 1, 2.