Ark. Code Ann. § 16-66-104 — AR Code / Title 16 / Chapter 66 / Subchapter 1 / Section 16-66-104
Procedure in issuing writs of execution
Status: in_force

(a) Form - In General. The form of a writ of execution may be in substance as follows: Click here to view form. (b) Form - Variances. The form of the writ of execution in subsection (a) of this section may be varied to suit each particular case. (c) Notice to Defendant. Upon application for a writ of execution by a qualified judgment creditor, the clerk of the court shall attach to the writ set forth in subsection (a) of this section the following notice: Click here to view form. (d) Service and Return of Notice to Defendant - Mailing of Copies. (1) The notice to defendant together with a copy of the writ of execution shall be served on the judgment debtor by: (A) An officer authorized to serve process simultaneously with seizure or levy of property; or (B) The judgment creditor in the same manner as service of writs or summons before the day the officer authorized to serve process seizes or levies on property of the judgment debtor. (2) If the judgment creditor mails the writ of execution and the notice to defendant, as provided in subdivision (d)(1)(B) of this section, the mail shall be sent to the last known address of the judgment debtor. However, if the writ and notice are refused, unclaimed, or cannot be delivered by the post office, or if the residence address of the judgment debtor is not discoverable after diligent search, then the writ of execution and the notice to defendant shall be sent first-class mail to the judgment debtor at his or her last known residence address and, if known, his or her last place of employment. (e) Mailing of Annual Notice. The judgment creditor shall not be required to serve another notice to defendant on the judgment debtor, by mail or otherwise, for future writs of execution on the same debt within one (1) year of the original writ of execution. If further writs of execution on the same debt are filed thereafter, then the notice shall be required to be served by the judgment creditor annually. (f) Certificate of Service Statement. The circuit clerk shall include as a part of the writ of execution a certification statement of the service required in subsection (d) of this section on the judgment debtor. The judgment creditor, or the authorized officer serving the writ, must complete the certificate of service statement by listing the name and address of the judgment debtor and the date of mailing. The statement must be signed by the judgment creditor or his or her attorney. (g) Hearing. Upon filing a claim of exempt property, a prompt hearing shall be held to determine the validity of the claimed exemptions. Provided, no hearing shall be required and a writ of supersedeas shall issue as to the claimed exemption or exemptions if the judgment creditor files a statement in writing that the judgment debtor's claim of exemption is not contested. (h) Time to Claim Exemption. Upon receipt of a writ of execution and notice to defendant, the judgment debtor shall have twenty (20) days from such receipt to file a petition to claim any of the exemptions provided by law. Civil Code, § 673; C. & M. Dig., §§ 4254, 4255; Pope's Dig., §§ 5266, 5267; A.S.A. 1947, §§ 30-106, 30-107; Acts 1991, No. 389, § 1.

(a) Form - In General. The form of a writ of execution may be in substance as follows: Click here to view form.

Click here to view form.

(b) Form - Variances. The form of the writ of execution in subsection (a) of this section may be varied to suit each particular case.

(c) Notice to Defendant. Upon application for a writ of execution by a qualified judgment creditor, the clerk of the court shall attach to the writ set forth in subsection (a) of this section the following notice: Click here to view form.

Click here to view form.

(d) Service and Return of Notice to Defendant - Mailing of Copies. (1) The notice to defendant together with a copy of the writ of execution shall be served on the judgment debtor by: (A) An officer authorized to serve process simultaneously with seizure or levy of property; or (B) The judgment creditor in the same manner as service of writs or summons before the day the officer authorized to serve process seizes or levies on property of the judgment debtor. (2) If the judgment creditor mails the writ of execution and the notice to defendant, as provided in subdivision (d)(1)(B) of this section, the mail shall be sent to the last known address of the judgment debtor. However, if the writ and notice are refused, unclaimed, or cannot be delivered by the post office, or if the residence address of the judgment debtor is not discoverable after diligent search, then the writ of execution and the notice to defendant shall be sent first-class mail to the judgment debtor at his or her last known residence address and, if known, his or her last place of employment.

(1) The notice to defendant together with a copy of the writ of execution shall be served on the judgment debtor by: (A) An officer authorized to serve process simultaneously with seizure or levy of property; or (B) The judgment creditor in the same manner as service of writs or summons before the day the officer authorized to serve process seizes or levies on property of the judgment debtor.

(A) An officer authorized to serve process simultaneously with seizure or levy of property; or

(B) The judgment creditor in the same manner as service of writs or summons before the day the officer authorized to serve process seizes or levies on property of the judgment debtor.

(2) If the judgment creditor mails the writ of execution and the notice to defendant, as provided in subdivision (d)(1)(B) of this section, the mail shall be sent to the last known address of the judgment debtor. However, if the writ and notice are refused, unclaimed, or cannot be delivered by the post office, or if the residence address of the judgment debtor is not discoverable after diligent search, then the writ of execution and the notice to defendant shall be sent first-class mail to the judgment debtor at his or her last known residence address and, if known, his or her last place of employment.

(e) Mailing of Annual Notice. The judgment creditor shall not be required to serve another notice to defendant on the judgment debtor, by mail or otherwise, for future writs of execution on the same debt within one (1) year of the original writ of execution. If further writs of execution on the same debt are filed thereafter, then the notice shall be required to be served by the judgment creditor annually.

(f) Certificate of Service Statement. The circuit clerk shall include as a part of the writ of execution a certification statement of the service required in subsection (d) of this section on the judgment debtor. The judgment creditor, or the authorized officer serving the writ, must complete the certificate of service statement by listing the name and address of the judgment debtor and the date of mailing. The statement must be signed by the judgment creditor or his or her attorney.

(g) Hearing. Upon filing a claim of exempt property, a prompt hearing shall be held to determine the validity of the claimed exemptions. Provided, no hearing shall be required and a writ of supersedeas shall issue as to the claimed exemption or exemptions if the judgment creditor files a statement in writing that the judgment debtor's claim of exemption is not contested.

(h) Time to Claim Exemption. Upon receipt of a writ of execution and notice to defendant, the judgment debtor shall have twenty (20) days from such receipt to file a petition to claim any of the exemptions provided by law.

Civil Code, § 673; C. & M. Dig., §§ 4254, 4255; Pope's Dig., §§ 5266, 5267; A.S.A. 1947, §§ 30-106, 30-107; Acts 1991, No. 389, § 1.

66_104_1 - Attachment

66_104_2 - Attachment
Ark. Code Ann. § 16-89-107 — AR Code / Title 16 / Chapter 89 / Section 16-89-107
Trial of issues of law or fact
Status: in_force

(a) (1) Issues of law shall be tried by the court. (2) An issue of law arises on a demurrer to the indictment. (3) All questions of law arising during the trial shall be decided by the court, and the jury shall be bound to take the decisions of the court on points of law as the law of the case. (b) (1) Issues of fact shall be tried by a jury. However, the determination of fact concerning the admissibility of a confession shall be made by the court when the issue is raised by the defendant; the trial court shall hear the evidence concerning the admissibility and the voluntariness of the confession out of the presence of the jury, and it shall be the court's duty before admitting the confession into evidence to determine by a preponderance of the evidence that the confession has been made voluntarily. (2) An issue of fact arises upon a plea of not guilty or of former acquittal or conviction. Crim. Code, §§ 181-183, 234; C. & M. Dig., §§ 3082-3085, 3178; Pope's Dig., §§ 3908-3911, 4014; Acts 1965, No. 489, § 1; A.S.A. 1947, §§ 43-2104 -- 43-2107, 43-2131.

(a) (1) Issues of law shall be tried by the court. (2) An issue of law arises on a demurrer to the indictment. (3) All questions of law arising during the trial shall be decided by the court, and the jury shall be bound to take the decisions of the court on points of law as the law of the case.

(1) Issues of law shall be tried by the court.

(2) An issue of law arises on a demurrer to the indictment.

(3) All questions of law arising during the trial shall be decided by the court, and the jury shall be bound to take the decisions of the court on points of law as the law of the case.

(b) (1) Issues of fact shall be tried by a jury. However, the determination of fact concerning the admissibility of a confession shall be made by the court when the issue is raised by the defendant; the trial court shall hear the evidence concerning the admissibility and the voluntariness of the confession out of the presence of the jury, and it shall be the court's duty before admitting the confession into evidence to determine by a preponderance of the evidence that the confession has been made voluntarily. (2) An issue of fact arises upon a plea of not guilty or of former acquittal or conviction.

(1) Issues of fact shall be tried by a jury. However, the determination of fact concerning the admissibility of a confession shall be made by the court when the issue is raised by the defendant; the trial court shall hear the evidence concerning the admissibility and the voluntariness of the confession out of the presence of the jury, and it shall be the court's duty before admitting the confession into evidence to determine by a preponderance of the evidence that the confession has been made voluntarily.

(2) An issue of fact arises upon a plea of not guilty or of former acquittal or conviction.

Crim. Code, §§ 181-183, 234; C. & M. Dig., §§ 3082-3085, 3178; Pope's Dig., §§ 3908-3911, 4014; Acts 1965, No. 489, § 1; A.S.A. 1947, §§ 43-2104 -- 43-2107, 43-2131.
Ark. Code Ann. § 16-10-501 — AR Code / Title 16 / Chapter 10 / Subchapter 5 / Section 16-10-501
Development of criteria for new judgeships or redistricting
Status: in_force

(a) The Arkansas Judicial Council, hereinafter referred to as the "council", is authorized and directed to develop criteria for new judgeships or redistricting of the circuit court districts of this state and to make recommendations to the regular session, fiscal session, or special session of the General Assembly regarding the number and boundaries of the circuit court districts in the state, the number of judges in each of such districts, and such other matters regarding circuit courts in the state as it determines to be appropriate. (b) In establishing circuit court districts of this state, the council shall take into consideration caseload, geographic area to be served by the respective circuit courts, and such other matters as the council determines to be appropriate. (c) The council shall meet on or before November 1 of each even-numbered year to finalize criteria for establishing additional judgeships or redistricting during the next regular session of the General Assembly. Acts 1989, No. 864, §§ 1-3; 2003, No. 1185, § 55; 2009, No. 962, § 34.

(a) The Arkansas Judicial Council, hereinafter referred to as the "council", is authorized and directed to develop criteria for new judgeships or redistricting of the circuit court districts of this state and to make recommendations to the regular session, fiscal session, or special session of the General Assembly regarding the number and boundaries of the circuit court districts in the state, the number of judges in each of such districts, and such other matters regarding circuit courts in the state as it determines to be appropriate.

(b) In establishing circuit court districts of this state, the council shall take into consideration caseload, geographic area to be served by the respective circuit courts, and such other matters as the council determines to be appropriate.

(c) The council shall meet on or before November 1 of each even-numbered year to finalize criteria for establishing additional judgeships or redistricting during the next regular session of the General Assembly.

Acts 1989, No. 864, §§ 1-3; 2003, No. 1185, § 55; 2009, No. 962, § 34.
Ark. Code Ann. § 16-93-1906 — AR Code / Title 16 / Chapter 93 / Subchapter 19 / Section 16-93-1906
Post-release supervision - Generally
Status: in_force

(a) (1) The Director of the Division of Community Correction with the advice of the Board of Corrections shall establish written policies and procedures governing the supervision of offenders released to a term of post-release supervision by the Post-Prison Transfer Board. (2) The policies and procedures established under subdivision (a)(1) of this section shall be designed to enhance public safety and to assist the offenders in reintegrating into society. (3) (A) Supervision of offenders on post-release supervision shall be based on evidence-based practices. (B) Decisions concerning supervision of offenders shall target the offender's criminal risk factors with appropriate supervision and treatment. (4) The Division of Community Correction shall assume supervisory responsibilities over an offender when the offender is lawfully set at liberty from the Division of Correction. (b) (1) An offender assigned to a term of post-release supervision shall be supervised by a community supervision officer employed by the Division of Community Correction. (2) A community supervision officer shall: (A) Investigate all cases referred to him or her by the Post-Prison Transfer Board, the Division of Community Correction, or the prosecuting attorney; (B) Furnish each offender on post-release supervision a written statement of the conditions of post-release supervision and instruct the offender that he or she is required to stay in compliance with the conditions of post-release supervision or risk revocation under § 16-93-1908 ; (C) Develop a case plan for each offender who is determined to be a moderate risk or high risk to reoffend that: (i) Is based on the risk and needs assessment under § 16-93-1807 and targets the criminal risk factors identified in the risk and needs assessment; (ii) Is responsive to the individual characteristics of the offender; and (iii) Provides a strategy for the supervision of the offender according to that case plan; (D) Stay informed of the conduct and condition of each offender assigned to the community supervision officer through: (i) Visitation; (ii) Required reporting; or (iii) Other methods and reporting to the sentencing court of the information described in subdivisions (b)(2)(D)(i) and (ii) of this section upon request; (E) Use practicable and suitable methods that are consistent with evidence-based practices to aid and encourage an offender on post-release supervision to improve his or her conduct and condition and to reduce the risk of recidivism; (F) (i) Conduct a validated risk and needs assessment of the offender on post-release supervision, including without limitation criminal risk factors and specific individual needs. (ii) The validated risk and needs assessment shall include an initial screening and, if necessary, a comprehensive assessment. (iii) The results of the validated risk and needs assessment under § 16-93-1807 shall assist in making decisions that are consistent with evidence-based practices on the type of supervision and services necessary for each offender; and (G) Receive annual training on evidence-based practices and criminal risk factors as well as instruction on how to target criminal risk factors to reduce recidivism. (c) (1) The Division of Community Correction shall allocate resources, including assignment of community supervision officers, to focus on moderate-risk and high-risk offenders as determined by the validated risk and needs assessment provided under this section. (2) The Division of Community Correction shall require public and private treatment and service providers to use evidence-based programs and practices if the public and private treatment and service providers receive state funds for the treatment of or service of offenders on post-release supervision. Added by Act 2023, No. 659,§ 2, eff. 1/1/2024.

(a) (1) The Director of the Division of Community Correction with the advice of the Board of Corrections shall establish written policies and procedures governing the supervision of offenders released to a term of post-release supervision by the Post-Prison Transfer Board. (2) The policies and procedures established under subdivision (a)(1) of this section shall be designed to enhance public safety and to assist the offenders in reintegrating into society. (3) (A) Supervision of offenders on post-release supervision shall be based on evidence-based practices. (B) Decisions concerning supervision of offenders shall target the offender's criminal risk factors with appropriate supervision and treatment. (4) The Division of Community Correction shall assume supervisory responsibilities over an offender when the offender is lawfully set at liberty from the Division of Correction.

(1) The Director of the Division of Community Correction with the advice of the Board of Corrections shall establish written policies and procedures governing the supervision of offenders released to a term of post-release supervision by the Post-Prison Transfer Board.

(2) The policies and procedures established under subdivision (a)(1) of this section shall be designed to enhance public safety and to assist the offenders in reintegrating into society.

(3) (A) Supervision of offenders on post-release supervision shall be based on evidence-based practices. (B) Decisions concerning supervision of offenders shall target the offender's criminal risk factors with appropriate supervision and treatment.

(A) Supervision of offenders on post-release supervision shall be based on evidence-based practices.

(B) Decisions concerning supervision of offenders shall target the offender's criminal risk factors with appropriate supervision and treatment.

(4) The Division of Community Correction shall assume supervisory responsibilities over an offender when the offender is lawfully set at liberty from the Division of Correction.

(b) (1) An offender assigned to a term of post-release supervision shall be supervised by a community supervision officer employed by the Division of Community Correction. (2) A community supervision officer shall: (A) Investigate all cases referred to him or her by the Post-Prison Transfer Board, the Division of Community Correction, or the prosecuting attorney; (B) Furnish each offender on post-release supervision a written statement of the conditions of post-release supervision and instruct the offender that he or she is required to stay in compliance with the conditions of post-release supervision or risk revocation under § 16-93-1908 ; (C) Develop a case plan for each offender who is determined to be a moderate risk or high risk to reoffend that: (i) Is based on the risk and needs assessment under § 16-93-1807 and targets the criminal risk factors identified in the risk and needs assessment; (ii) Is responsive to the individual characteristics of the offender; and (iii) Provides a strategy for the supervision of the offender according to that case plan; (D) Stay informed of the conduct and condition of each offender assigned to the community supervision officer through: (i) Visitation; (ii) Required reporting; or (iii) Other methods and reporting to the sentencing court of the information described in subdivisions (b)(2)(D)(i) and (ii) of this section upon request; (E) Use practicable and suitable methods that are consistent with evidence-based practices to aid and encourage an offender on post-release supervision to improve his or her conduct and condition and to reduce the risk of recidivism; (F) (i) Conduct a validated risk and needs assessment of the offender on post-release supervision, including without limitation criminal risk factors and specific individual needs. (ii) The validated risk and needs assessment shall include an initial screening and, if necessary, a comprehensive assessment. (iii) The results of the validated risk and needs assessment under § 16-93-1807 shall assist in making decisions that are consistent with evidence-based practices on the type of supervision and services necessary for each offender; and (G) Receive annual training on evidence-based practices and criminal risk factors as well as instruction on how to target criminal risk factors to reduce recidivism.

(1) An offender assigned to a term of post-release supervision shall be supervised by a community supervision officer employed by the Division of Community Correction.

(2) A community supervision officer shall: (A) Investigate all cases referred to him or her by the Post-Prison Transfer Board, the Division of Community Correction, or the prosecuting attorney; (B) Furnish each offender on post-release supervision a written statement of the conditions of post-release supervision and instruct the offender that he or she is required to stay in compliance with the conditions of post-release supervision or risk revocation under § 16-93-1908 ; (C) Develop a case plan for each offender who is determined to be a moderate risk or high risk to reoffend that: (i) Is based on the risk and needs assessment under § 16-93-1807 and targets the criminal risk factors identified in the risk and needs assessment; (ii) Is responsive to the individual characteristics of the offender; and (iii) Provides a strategy for the supervision of the offender according to that case plan; (D) Stay informed of the conduct and condition of each offender assigned to the community supervision officer through: (i) Visitation; (ii) Required reporting; or (iii) Other methods and reporting to the sentencing court of the information described in subdivisions (b)(2)(D)(i) and (ii) of this section upon request; (E) Use practicable and suitable methods that are consistent with evidence-based practices to aid and encourage an offender on post-release supervision to improve his or her conduct and condition and to reduce the risk of recidivism; (F) (i) Conduct a validated risk and needs assessment of the offender on post-release supervision, including without limitation criminal risk factors and specific individual needs. (ii) The validated risk and needs assessment shall include an initial screening and, if necessary, a comprehensive assessment. (iii) The results of the validated risk and needs assessment under § 16-93-1807 shall assist in making decisions that are consistent with evidence-based practices on the type of supervision and services necessary for each offender; and (G) Receive annual training on evidence-based practices and criminal risk factors as well as instruction on how to target criminal risk factors to reduce recidivism.

(A) Investigate all cases referred to him or her by the Post-Prison Transfer Board, the Division of Community Correction, or the prosecuting attorney;

(B) Furnish each offender on post-release supervision a written statement of the conditions of post-release supervision and instruct the offender that he or she is required to stay in compliance with the conditions of post-release supervision or risk revocation under § 16-93-1908 ;

(C) Develop a case plan for each offender who is determined to be a moderate risk or high risk to reoffend that: (i) Is based on the risk and needs assessment under § 16-93-1807 and targets the criminal risk factors identified in the risk and needs assessment; (ii) Is responsive to the individual characteristics of the offender; and (iii) Provides a strategy for the supervision of the offender according to that case plan;

(i) Is based on the risk and needs assessment under § 16-93-1807 and targets the criminal risk factors identified in the risk and needs assessment;

(ii) Is responsive to the individual characteristics of the offender; and

(iii) Provides a strategy for the supervision of the offender according to that case plan;

(D) Stay informed of the conduct and condition of each offender assigned to the community supervision officer through: (i) Visitation; (ii) Required reporting; or (iii) Other methods and reporting to the sentencing court of the information described in subdivisions (b)(2)(D)(i) and (ii) of this section upon request;

(i) Visitation;

(ii) Required reporting; or

(iii) Other methods and reporting to the sentencing court of the information described in subdivisions (b)(2)(D)(i) and (ii) of this section upon request;

(E) Use practicable and suitable methods that are consistent with evidence-based practices to aid and encourage an offender on post-release supervision to improve his or her conduct and condition and to reduce the risk of recidivism;

(F) (i) Conduct a validated risk and needs assessment of the offender on post-release supervision, including without limitation criminal risk factors and specific individual needs. (ii) The validated risk and needs assessment shall include an initial screening and, if necessary, a comprehensive assessment. (iii) The results of the validated risk and needs assessment under § 16-93-1807 shall assist in making decisions that are consistent with evidence-based practices on the type of supervision and services necessary for each offender; and

(i) Conduct a validated risk and needs assessment of the offender on post-release supervision, including without limitation criminal risk factors and specific individual needs.

(ii) The validated risk and needs assessment shall include an initial screening and, if necessary, a comprehensive assessment.

(iii) The results of the validated risk and needs assessment under § 16-93-1807 shall assist in making decisions that are consistent with evidence-based practices on the type of supervision and services necessary for each offender; and

(G) Receive annual training on evidence-based practices and criminal risk factors as well as instruction on how to target criminal risk factors to reduce recidivism.

(c) (1) The Division of Community Correction shall allocate resources, including assignment of community supervision officers, to focus on moderate-risk and high-risk offenders as determined by the validated risk and needs assessment provided under this section. (2) The Division of Community Correction shall require public and private treatment and service providers to use evidence-based programs and practices if the public and private treatment and service providers receive state funds for the treatment of or service of offenders on post-release supervision.

(1) The Division of Community Correction shall allocate resources, including assignment of community supervision officers, to focus on moderate-risk and high-risk offenders as determined by the validated risk and needs assessment provided under this section.

(2) The Division of Community Correction shall require public and private treatment and service providers to use evidence-based programs and practices if the public and private treatment and service providers receive state funds for the treatment of or service of offenders on post-release supervision.

Added by Act 2023, No. 659,§ 2, eff. 1/1/2024.
Ark. Code Ann. § 16-85-508 — AR Code / Title 16 / Chapter 85 / Subchapter 5 / Section 16-85-508
Witnesses - Securing testimony of material witnesses
Status: in_force

(a) If there is a reasonable belief that a material witness in any grand jury investigation may absent himself or herself from the jurisdiction or otherwise avoid service of a subpoena, a judicial officer, as defined in Arkansas Rules of Criminal Procedure 1.6(c), shall impose conditions of release pursuant to Arkansas Rules of Criminal Procedure 9.1-9.5. (b) A warrant of arrest may be issued by the judicial officer on the affidavit or testimony of a prosecuting attorney to secure the presence of the witness at the hearing to provide for his or her release. Other witnesses may be called and examined. (c) No material witness shall be detained because of his or her inability to comply with any condition of release if the testimony of the witness for the proceeding can be adequately secured by deposition and further detention is not necessary to prevent a failure of justice. Release may be delayed for a reasonable period of time until the deposition of the witness can be taken pursuant to law. (d) When the material witness has given his or her testimony, he or she shall be released immediately. Acts 1983, No. 176, § 1; A.S.A. 1947, § 43-916.1.

(a) If there is a reasonable belief that a material witness in any grand jury investigation may absent himself or herself from the jurisdiction or otherwise avoid service of a subpoena, a judicial officer, as defined in Arkansas Rules of Criminal Procedure 1.6(c), shall impose conditions of release pursuant to Arkansas Rules of Criminal Procedure 9.1-9.5.

(b) A warrant of arrest may be issued by the judicial officer on the affidavit or testimony of a prosecuting attorney to secure the presence of the witness at the hearing to provide for his or her release. Other witnesses may be called and examined.

(c) No material witness shall be detained because of his or her inability to comply with any condition of release if the testimony of the witness for the proceeding can be adequately secured by deposition and further detention is not necessary to prevent a failure of justice. Release may be delayed for a reasonable period of time until the deposition of the witness can be taken pursuant to law.

(d) When the material witness has given his or her testimony, he or she shall be released immediately.

Acts 1983, No. 176, § 1; A.S.A. 1947, § 43-916.1.
Ark. Code Ann. § 16-106-101 — AR Code / Title 16 / Chapter 106 / Subchapter 1 / Section 16-106-101
Actions generally
Status: in_force

(a) All actions in favor of and in which the state is interested shall be brought in the name of the state and shall be prosecuted by the prosecuting attorney. (b) All actions by or against the state shall be prosecuted and defended, proceeded in, and conducted to final judgment in the same manner as actions by and against individuals. (c) Precedence shall be given, in all courts, to actions or other proceedings in which the state is a party, over any other business of the court. (d) All actions for debts due the State of Arkansas, all actions in favor of any state officer, state board, or commissioner, in their official capacity, all actions which are authorized by the provisions of the Code of Practice in Civil Cases or by law to be brought in the name of the state, and all actions against the board, commissioner, or state officer for or on account of any official act done or omitted to be done shall be brought and prosecuted in the county where the defendant resides. Rev. Stat., ch. 147, §§ 4, 5; Civil Code, §§ 484, 488; Acts 1871, No. 48, § 1 [484], p. 219; C. & M. Dig., §§ 1175, 9298, 9299, 9304; Pope's Dig., §§ 1397, 11984, 11985, 11990; A.S.A. 1947, §§ 34-201, 34-206, 34-208, 34-209.

(a) All actions in favor of and in which the state is interested shall be brought in the name of the state and shall be prosecuted by the prosecuting attorney.

(b) All actions by or against the state shall be prosecuted and defended, proceeded in, and conducted to final judgment in the same manner as actions by and against individuals.

(c) Precedence shall be given, in all courts, to actions or other proceedings in which the state is a party, over any other business of the court.

(d) All actions for debts due the State of Arkansas, all actions in favor of any state officer, state board, or commissioner, in their official capacity, all actions which are authorized by the provisions of the Code of Practice in Civil Cases or by law to be brought in the name of the state, and all actions against the board, commissioner, or state officer for or on account of any official act done or omitted to be done shall be brought and prosecuted in the county where the defendant resides.

Rev. Stat., ch. 147, §§ 4, 5; Civil Code, §§ 484, 488; Acts 1871, No. 48, § 1 [484], p. 219; C. & M. Dig., §§ 1175, 9298, 9299, 9304; Pope's Dig., §§ 1397, 11984, 11985, 11990; A.S.A. 1947, §§ 34-201, 34-206, 34-208, 34-209.
Ark. Code Ann. § 16-92-112 — AR Code / Title 16 / Chapter 92 / Section 16-92-112
Costs and fees - Liability of state
Status: in_force

(a) The costs in all state prosecutions for any offenses which may be committed in or in respect of the Division of Correction shall be paid out of the State Treasury. (b) In the cases mentioned in subsection (a) of this section, it shall be the duty of the judge to cause to be made out an accurate bill of costs therein and to certify to its correctness; it shall be the duty of the Auditor of State to draw his or her warrant for the amount when an appropriation shall be made therefor. Amended by Act 2019, No. 910,§ 879, eff. 7/1/2019. Acts 1848, §§ 1-3, p. 41; C. & M. Dig., §§ 3276, 3277; Pope's Dig., §§ 4124, 4125; A.S.A. 1947, §§ 43-2409, 43-2410.

(a) The costs in all state prosecutions for any offenses which may be committed in or in respect of the Division of Correction shall be paid out of the State Treasury.

(b) In the cases mentioned in subsection (a) of this section, it shall be the duty of the judge to cause to be made out an accurate bill of costs therein and to certify to its correctness; it shall be the duty of the Auditor of State to draw his or her warrant for the amount when an appropriation shall be made therefor.

Amended by Act 2019, No. 910,§ 879, eff. 7/1/2019.

Acts 1848, §§ 1-3, p. 41; C. & M. Dig., §§ 3276, 3277; Pope's Dig., §§ 4124, 4125; A.S.A. 1947, §§ 43-2409, 43-2410.
Ark. Code Ann. § 16-43-901 — AR Code / Title 16 / Chapter 43 / Subchapter 9 / Section 16-43-901
Competent witnesses
Status: in_force

(a) The biological mother of a child shall be a competent witness to testify in any court proceeding or administrative hearing as to who is the biological father of the child, the time and place of conception, access by the putative father and by her husband, support or lack of support for the child provided by the putative father or by her husband, and any other matters necessary to the establishment of paternity or a support obligation for the child. (b) The husband of the biological mother shall be a competent witness to testify in any court proceeding or administrative hearing in which paternity or child support is an issue or may become an issue as to the following: (1) Date of marriage; (2) Period of cohabitation with the biological mother; (3) Period of nonaccess with the biological mother; and (4) Date of separation from the biological mother. (c) The putative father of a child shall be a competent witness to testify in any court proceeding or administrative hearing in which paternity or child support is an issue or may become an issue as to the following: (1) Period of cohabitation with the biological mother; (2) Period of access with the biological mother; and (3) Lack of sexual contact with the biological mother. (d) Upon a finding of the court by clear and convincing evidence that the presumption of legitimacy of a child born of a marriage has been rebutted, the court shall: (1) Relieve the putative father of further support liability; (2) Attempt to identify and establish the biological father of the child, if possible; and (3) Set a support obligation for the child to be paid by the biological father. (e) (1) To assist the court in this determination, the court may direct the biological mother, her husband, the putative father, and the child to submit to one (1) or more blood tests or other scientific examinations or tests as provided in § 9-10-108 . (2) Such test results shall be admissible as provided in § 9-10-108 . (f) In any case where the court is unable to determine paternity for the child, the lawful husband of the biological mother shall be presumed to be the father of the child, and the court shall establish a support obligation for the child unless blood tests or other scientific evidence conclusively eliminate him from paternity consideration. (g) (1) The purpose of this section is to enable the courts to receive into evidence relevant facts concerning the paternity of a child in any court proceeding or administrative hearing involving paternity or a support obligation for a child. (2) The court shall consider foremost the interest of the child in making any determination hereunder and consider only testimony and evidence which will serve the best interest of the child in its findings pursuant to this section. (h) As used in this section, "putative father" means any man, not deemed or adjudicated under the laws of the jurisdiction of the United States to be the biological father of a child, who claims or is alleged to be the biological father of the child. Acts 1989, No. 657, § 1; 1993, No. 431, § 1.

(a) The biological mother of a child shall be a competent witness to testify in any court proceeding or administrative hearing as to who is the biological father of the child, the time and place of conception, access by the putative father and by her husband, support or lack of support for the child provided by the putative father or by her husband, and any other matters necessary to the establishment of paternity or a support obligation for the child.

(b) The husband of the biological mother shall be a competent witness to testify in any court proceeding or administrative hearing in which paternity or child support is an issue or may become an issue as to the following: (1) Date of marriage; (2) Period of cohabitation with the biological mother; (3) Period of nonaccess with the biological mother; and (4) Date of separation from the biological mother.

(1) Date of marriage;

(2) Period of cohabitation with the biological mother;

(3) Period of nonaccess with the biological mother; and

(4) Date of separation from the biological mother.

(c) The putative father of a child shall be a competent witness to testify in any court proceeding or administrative hearing in which paternity or child support is an issue or may become an issue as to the following: (1) Period of cohabitation with the biological mother; (2) Period of access with the biological mother; and (3) Lack of sexual contact with the biological mother.

(1) Period of cohabitation with the biological mother;

(2) Period of access with the biological mother; and

(3) Lack of sexual contact with the biological mother.

(d) Upon a finding of the court by clear and convincing evidence that the presumption of legitimacy of a child born of a marriage has been rebutted, the court shall: (1) Relieve the putative father of further support liability; (2) Attempt to identify and establish the biological father of the child, if possible; and (3) Set a support obligation for the child to be paid by the biological father.

(1) Relieve the putative father of further support liability;

(2) Attempt to identify and establish the biological father of the child, if possible; and

(3) Set a support obligation for the child to be paid by the biological father.

(e) (1) To assist the court in this determination, the court may direct the biological mother, her husband, the putative father, and the child to submit to one (1) or more blood tests or other scientific examinations or tests as provided in § 9-10-108 . (2) Such test results shall be admissible as provided in § 9-10-108 .

(1) To assist the court in this determination, the court may direct the biological mother, her husband, the putative father, and the child to submit to one (1) or more blood tests or other scientific examinations or tests as provided in § 9-10-108 .

(2) Such test results shall be admissible as provided in § 9-10-108 .

(f) In any case where the court is unable to determine paternity for the child, the lawful husband of the biological mother shall be presumed to be the father of the child, and the court shall establish a support obligation for the child unless blood tests or other scientific evidence conclusively eliminate him from paternity consideration.

(g) (1) The purpose of this section is to enable the courts to receive into evidence relevant facts concerning the paternity of a child in any court proceeding or administrative hearing involving paternity or a support obligation for a child. (2) The court shall consider foremost the interest of the child in making any determination hereunder and consider only testimony and evidence which will serve the best interest of the child in its findings pursuant to this section.

(1) The purpose of this section is to enable the courts to receive into evidence relevant facts concerning the paternity of a child in any court proceeding or administrative hearing involving paternity or a support obligation for a child.

(2) The court shall consider foremost the interest of the child in making any determination hereunder and consider only testimony and evidence which will serve the best interest of the child in its findings pursuant to this section.

(h) As used in this section, "putative father" means any man, not deemed or adjudicated under the laws of the jurisdiction of the United States to be the biological father of a child, who claims or is alleged to be the biological father of the child.

Acts 1989, No. 657, § 1; 1993, No. 431, § 1.
Ark. Code Ann. § 16-13-222 — AR Code / Title 16 / Chapter 13 / Subchapter 2 / Section 16-13-222
Private hearings by circuit courts
Status: in_force

(a) (1) The circuit courts of the various judicial districts of the state shall hear the case or matter in privacy, upon application of all litigants to a divorce action, proceeding for alimony or separate maintenance, proceeding touching the maintenance or custody of children, proceeding for annulment of marriage, adoption proceeding, or any other proceeding pertaining to domestic relations. (2) To this end, circuit judges are empowered to exclude from any such hearing and from the courtroom all individuals other than the litigants, their counsel, and the officers of the court. (b) A circuit judge, upon his or her own initiative, may hear such cases and matters in chambers or in privacy where he or she deems it in the best interests of the parties and the best interests of society. Acts 2003, No. 1185, § 79.

(a) (1) The circuit courts of the various judicial districts of the state shall hear the case or matter in privacy, upon application of all litigants to a divorce action, proceeding for alimony or separate maintenance, proceeding touching the maintenance or custody of children, proceeding for annulment of marriage, adoption proceeding, or any other proceeding pertaining to domestic relations. (2) To this end, circuit judges are empowered to exclude from any such hearing and from the courtroom all individuals other than the litigants, their counsel, and the officers of the court.

(1) The circuit courts of the various judicial districts of the state shall hear the case or matter in privacy, upon application of all litigants to a divorce action, proceeding for alimony or separate maintenance, proceeding touching the maintenance or custody of children, proceeding for annulment of marriage, adoption proceeding, or any other proceeding pertaining to domestic relations.

(2) To this end, circuit judges are empowered to exclude from any such hearing and from the courtroom all individuals other than the litigants, their counsel, and the officers of the court.

(b) A circuit judge, upon his or her own initiative, may hear such cases and matters in chambers or in privacy where he or she deems it in the best interests of the parties and the best interests of society.

Acts 2003, No. 1185, § 79.
Ark. Code Ann. § 16-56-125 — AR Code / Title 16 / Chapter 56 / Subchapter 1 / Section 16-56-125
Actions against tortfeasors whose identity is unknown
Status: in_force

(a) For the purposes of tolling the statute of limitations, any person, firm, or corporation may file a complaint stating his or her cause of action in the appropriate court of this state, whenever the identity of the tortfeasor is unknown. (b) (1) The name of the unknown tortfeasor shall be designated by the pseudo-name John Doe or, if there is more than one (1) tortfeasor, John Doe 1, John Doe 2, John Doe 3, etc. (2) Upon determining the identity of the tortfeasor, the complaint shall be amended by substituting the real name for the pseudo-name. (c) It shall be necessary for the plaintiff or plaintiff's attorney to file with the complaint an affidavit that the identity of the tortfeasor is unknown before this section shall apply. Acts 1959, No. 140, §§ 1-3; A.S.A. 1947, §§ 37-234 -- 37-236.

(a) For the purposes of tolling the statute of limitations, any person, firm, or corporation may file a complaint stating his or her cause of action in the appropriate court of this state, whenever the identity of the tortfeasor is unknown.

(b) (1) The name of the unknown tortfeasor shall be designated by the pseudo-name John Doe or, if there is more than one (1) tortfeasor, John Doe 1, John Doe 2, John Doe 3, etc. (2) Upon determining the identity of the tortfeasor, the complaint shall be amended by substituting the real name for the pseudo-name.

(1) The name of the unknown tortfeasor shall be designated by the pseudo-name John Doe or, if there is more than one (1) tortfeasor, John Doe 1, John Doe 2, John Doe 3, etc.

(2) Upon determining the identity of the tortfeasor, the complaint shall be amended by substituting the real name for the pseudo-name.

(c) It shall be necessary for the plaintiff or plaintiff's attorney to file with the complaint an affidavit that the identity of the tortfeasor is unknown before this section shall apply.

Acts 1959, No. 140, §§ 1-3; A.S.A. 1947, §§ 37-234 -- 37-236.
Ark. Code Ann. § 16-90-308 — AR Code / Title 16 / Chapter 90 / Subchapter 3 / Section 16-90-308
Proceeds from sale of rights arising from criminal act
Status: in_force

(a) (1) Any person referred to as the defendant in this section who has been convicted of or pleaded guilty or nolo contendere to any crime who contracts to benefit economically regarding the crime shall pay to the circuit court in which the charges for the crime were filed any money or thing of value contracted to be paid to the defendant or his or her spouse, heirs, assigns, and transferees. (2) As used in subdivision (a)(1) of this section, "benefit economically" does not include reimbursement for travel or other expenses. (3) The circuit court shall deposit the moneys into an escrow account for the benefit of and payable to any victim or his or her legal representative of crimes committed by the defendant. (b) (1) Payments from the escrow account shall be made to the defendant upon an order of the judge of the circuit court wherein the charges were filed upon a showing that the money or thing of value shall be used for the exclusive purpose of retaining legal representation for the defendant at any stage of the criminal proceedings arising out of the criminal charge or to pay for already rendered legal representation and that the defendant would otherwise be unable to or has been unable to afford adequate legal representation. (2) As used in subdivision (b)(1) of this section, "legal representation" includes costs of expert witnesses and testing of evidence. (c) (1) Payments from the escrow account shall be used to satisfy any civil judgment rendered in favor of a victim or his or her legal representative which arose out of the circumstances upon which the defendant's conviction was based, but only if the victim brings a civil action to recover money against the defendant. (2) If no victim or legal representative of a victim has filed suit within five (5) years from the filing of the charges, any money remaining shall be paid over to any state-supported victim reparation or assistance program. (3) Upon the disposition of the criminal charges in favor of the defendant, money in the escrow account shall be paid over to the defendant. (d) The circuit court in which the charges were filed shall publish a notice in at least one (1) newspaper of general circulation in each county of the state one (1) time every year for four (4) years from the date the money is deposited with the circuit court, notifying any eligible victim or legal representative of an eligible victim that moneys are available to satisfy judgments pursuant to this section. Amended by Act 2013, No. 1426,§ 2, eff. 8/16/2013. Acts 1985, No. 382, §§ 1-4; 1985, No. 401, §§ 1-4; A.S.A. 1947, §§ 43-2357 -- 43-2360.

(a) (1) Any person referred to as the defendant in this section who has been convicted of or pleaded guilty or nolo contendere to any crime who contracts to benefit economically regarding the crime shall pay to the circuit court in which the charges for the crime were filed any money or thing of value contracted to be paid to the defendant or his or her spouse, heirs, assigns, and transferees. (2) As used in subdivision (a)(1) of this section, "benefit economically" does not include reimbursement for travel or other expenses. (3) The circuit court shall deposit the moneys into an escrow account for the benefit of and payable to any victim or his or her legal representative of crimes committed by the defendant.

(1) Any person referred to as the defendant in this section who has been convicted of or pleaded guilty or nolo contendere to any crime who contracts to benefit economically regarding the crime shall pay to the circuit court in which the charges for the crime were filed any money or thing of value contracted to be paid to the defendant or his or her spouse, heirs, assigns, and transferees.

(2) As used in subdivision (a)(1) of this section, "benefit economically" does not include reimbursement for travel or other expenses.

(3) The circuit court shall deposit the moneys into an escrow account for the benefit of and payable to any victim or his or her legal representative of crimes committed by the defendant.

(b) (1) Payments from the escrow account shall be made to the defendant upon an order of the judge of the circuit court wherein the charges were filed upon a showing that the money or thing of value shall be used for the exclusive purpose of retaining legal representation for the defendant at any stage of the criminal proceedings arising out of the criminal charge or to pay for already rendered legal representation and that the defendant would otherwise be unable to or has been unable to afford adequate legal representation. (2) As used in subdivision (b)(1) of this section, "legal representation" includes costs of expert witnesses and testing of evidence.

(1) Payments from the escrow account shall be made to the defendant upon an order of the judge of the circuit court wherein the charges were filed upon a showing that the money or thing of value shall be used for the exclusive purpose of retaining legal representation for the defendant at any stage of the criminal proceedings arising out of the criminal charge or to pay for already rendered legal representation and that the defendant would otherwise be unable to or has been unable to afford adequate legal representation.

(2) As used in subdivision (b)(1) of this section, "legal representation" includes costs of expert witnesses and testing of evidence.

(c) (1) Payments from the escrow account shall be used to satisfy any civil judgment rendered in favor of a victim or his or her legal representative which arose out of the circumstances upon which the defendant's conviction was based, but only if the victim brings a civil action to recover money against the defendant. (2) If no victim or legal representative of a victim has filed suit within five (5) years from the filing of the charges, any money remaining shall be paid over to any state-supported victim reparation or assistance program. (3) Upon the disposition of the criminal charges in favor of the defendant, money in the escrow account shall be paid over to the defendant.

(1) Payments from the escrow account shall be used to satisfy any civil judgment rendered in favor of a victim or his or her legal representative which arose out of the circumstances upon which the defendant's conviction was based, but only if the victim brings a civil action to recover money against the defendant.

(2) If no victim or legal representative of a victim has filed suit within five (5) years from the filing of the charges, any money remaining shall be paid over to any state-supported victim reparation or assistance program.

(3) Upon the disposition of the criminal charges in favor of the defendant, money in the escrow account shall be paid over to the defendant.

(d) The circuit court in which the charges were filed shall publish a notice in at least one (1) newspaper of general circulation in each county of the state one (1) time every year for four (4) years from the date the money is deposited with the circuit court, notifying any eligible victim or legal representative of an eligible victim that moneys are available to satisfy judgments pursuant to this section.

Amended by Act 2013, No. 1426,§ 2, eff. 8/16/2013.

Acts 1985, No. 382, §§ 1-4; 1985, No. 401, §§ 1-4; A.S.A. 1947, §§ 43-2357 -- 43-2360.
Ark. Code Ann. § 16-13-2602 — AR Code / Title 16 / Chapter 13 / Subchapter 26 / Section 16-13-2602
Terms of court
Status: in_force

The terms of court in each county in the Eighteenth Judicial District shall commence on the dates set forth below: (1) Garland County: On the second Fridays in January and July; (2) Montgomery County: On the third Mondays in May and November; and (3) Polk County: On the third Mondays in April and October. Acts 1891, No. 52, § 2, p. 87; 1911, No. 114, §§ 1, 2; 1923, No. 354, § 1; 1953, No. 76, § 1; 1963, No. 49, § 1; 1963, No. 262, § 1; 1967, No. 300, § 1; 1970 (Ex. Sess.), No. 19, § 1; A.S.A. 1947, § 22-310.

The terms of court in each county in the Eighteenth Judicial District shall commence on the dates set forth below:

(1) Garland County: On the second Fridays in January and July;

(2) Montgomery County: On the third Mondays in May and November; and

(3) Polk County: On the third Mondays in April and October.

Acts 1891, No. 52, § 2, p. 87; 1911, No. 114, §§ 1, 2; 1923, No. 354, § 1; 1953, No. 76, § 1; 1963, No. 49, § 1; 1963, No. 262, § 1; 1967, No. 300, § 1; 1970 (Ex. Sess.), No. 19, § 1; A.S.A. 1947, § 22-310.
Ark. Code Ann. § 16-120-1006 — AR Code / Title 16 / Chapter 120 / Subchapter 10 / Section 16-120-1006
Signage
Status: in_force

A bicycle outfitter shall post and maintain signage in a clearly visible location at or near where the bicycle outfitter conducts cycling activities and in black letters at least one inch (1") high containing the following warning: "WARNING - Under Arkansas law, § 16-120-1003 , the liability of a bicycle outfitter is limited. You are assuming the risk of participating in a cycling activity." Added by Act 2019, No. 573,§ 1, eff. 7/24/2019.

A bicycle outfitter shall post and maintain signage in a clearly visible location at or near where the bicycle outfitter conducts cycling activities and in black letters at least one inch (1") high containing the following warning:

"WARNING - Under Arkansas law, § 16-120-1003 , the liability of a bicycle outfitter is limited. You are assuming the risk of participating in a cycling activity."

Added by Act 2019, No. 573,§ 1, eff. 7/24/2019.
Ark. Code Ann. § 16-123-107 — AR Code / Title 16 / Chapter 123 / Subchapter 1 / Section 16-123-107
Discrimination offenses
Status: in_force

(a) The right of an otherwise qualified person to be free from discrimination because of race, religion, national origin, gender, or the presence of any sensory, mental, or physical disability is recognized as and declared to be a civil right. This right shall include, but not be limited to: (1) The right to obtain and hold employment without discrimination; (2) The right to the full enjoyment of any of the accommodations, advantages, facilities, or privileges of any place of public resort, accommodation, assemblage, or amusement; (3) The right to engage in property transactions without discrimination; (4) The right to engage in credit and other contractual transactions without discrimination; and (5) The right to vote and participate fully in the political process. (b) Any person who is injured by an intentional act of discrimination in violation of subdivisions (a)(2)-(5) of this section shall have a civil action in a court of competent jurisdiction to enjoin further violations, to recover compensatory and punitive damages, and, in the discretion of the court, to recover the cost of litigation and a reasonable attorney's fee. (c) (1) (A) Any individual who is injured by employment discrimination by an employer in violation of subdivision (a)(1) of this section shall have a civil action against the employer only in a court of competent jurisdiction, which may issue an order prohibiting the discriminatory practices and provide affirmative relief from the effects of the practices, and award back pay, interest on back pay, and, in the discretion of the court, the cost of litigation and a reasonable attorney's fee. (B) No liability for back pay shall accrue from a date more than two (2) years prior to the filing of an action. (2) (A) In addition to the remedies under subdivision (c)(1)(A) of this section, any individual who is injured by intentional discrimination by an employer in violation of subdivision (a)(1) of this section shall be entitled to recover compensatory damages and punitive damages. (B) The total compensatory and punitive damages awarded under subdivision (c)(2)(A) of this section shall not exceed: (i) The sum of fifteen thousand dollars ($15,000) in the case of an employer who employs fewer than fifteen (15) employees in each of twenty (20) or more calendar weeks in the current or preceding calendar year; (ii) The sum of fifty thousand dollars ($50,000) in the case of an employer who employs more than fourteen (14) and fewer than one hundred one (101) employees in each of twenty (20) or more calendar weeks in the current or preceding calendar year; (iii) The sum of one hundred thousand dollars ($100,000) in the case of an employer who employs more than one hundred (100) and fewer than two hundred one (201) employees in each of twenty (20) or more calendar weeks in the current or preceding calendar year; (iv) The sum of two hundred thousand dollars ($200,000) in the case of an employer who employs more than two hundred (200) and fewer than five hundred one (501) employees in each of twenty (20) or more calendar weeks in the current or preceding calendar year; and (v) The sum of three hundred thousand dollars ($300,000) in the case of an employer who employs more than five hundred (500) employees in each of twenty (20) or more calendar weeks in the current or preceding calendar year. (3) Damages under subdivisions (c)(2)(B)(ii)-(v) of this section shall not duplicate or increase an award for damages over the statutory limit allowed by state law or any federal law, as the federal law existed on January 1, 2017. (4) Any action based on employment discrimination in violation of subdivision (a)(1) of this section shall be brought within one (1) year after the alleged employment discrimination occurred, or within ninety (90) days of receipt of a "Right to Sue" letter or a notice of "Determination" from the United States Equal Employment Opportunity Commission concerning the alleged unlawful employment practice, whichever is later. Amended by Act 2017, No. 783,§ 2, eff. 8/1/2017. Acts 1993, No. 962, §§ 4, 5; 1995, No. 480, § 3.

(a) The right of an otherwise qualified person to be free from discrimination because of race, religion, national origin, gender, or the presence of any sensory, mental, or physical disability is recognized as and declared to be a civil right. This right shall include, but not be limited to: (1) The right to obtain and hold employment without discrimination; (2) The right to the full enjoyment of any of the accommodations, advantages, facilities, or privileges of any place of public resort, accommodation, assemblage, or amusement; (3) The right to engage in property transactions without discrimination; (4) The right to engage in credit and other contractual transactions without discrimination; and (5) The right to vote and participate fully in the political process.

(1) The right to obtain and hold employment without discrimination;

(2) The right to the full enjoyment of any of the accommodations, advantages, facilities, or privileges of any place of public resort, accommodation, assemblage, or amusement;

(3) The right to engage in property transactions without discrimination;

(4) The right to engage in credit and other contractual transactions without discrimination; and

(5) The right to vote and participate fully in the political process.

(b) Any person who is injured by an intentional act of discrimination in violation of subdivisions (a)(2)-(5) of this section shall have a civil action in a court of competent jurisdiction to enjoin further violations, to recover compensatory and punitive damages, and, in the discretion of the court, to recover the cost of litigation and a reasonable attorney's fee.

(c) (1) (A) Any individual who is injured by employment discrimination by an employer in violation of subdivision (a)(1) of this section shall have a civil action against the employer only in a court of competent jurisdiction, which may issue an order prohibiting the discriminatory practices and provide affirmative relief from the effects of the practices, and award back pay, interest on back pay, and, in the discretion of the court, the cost of litigation and a reasonable attorney's fee. (B) No liability for back pay shall accrue from a date more than two (2) years prior to the filing of an action. (2) (A) In addition to the remedies under subdivision (c)(1)(A) of this section, any individual who is injured by intentional discrimination by an employer in violation of subdivision (a)(1) of this section shall be entitled to recover compensatory damages and punitive damages. (B) The total compensatory and punitive damages awarded under subdivision (c)(2)(A) of this section shall not exceed: (i) The sum of fifteen thousand dollars ($15,000) in the case of an employer who employs fewer than fifteen (15) employees in each of twenty (20) or more calendar weeks in the current or preceding calendar year; (ii) The sum of fifty thousand dollars ($50,000) in the case of an employer who employs more than fourteen (14) and fewer than one hundred one (101) employees in each of twenty (20) or more calendar weeks in the current or preceding calendar year; (iii) The sum of one hundred thousand dollars ($100,000) in the case of an employer who employs more than one hundred (100) and fewer than two hundred one (201) employees in each of twenty (20) or more calendar weeks in the current or preceding calendar year; (iv) The sum of two hundred thousand dollars ($200,000) in the case of an employer who employs more than two hundred (200) and fewer than five hundred one (501) employees in each of twenty (20) or more calendar weeks in the current or preceding calendar year; and (v) The sum of three hundred thousand dollars ($300,000) in the case of an employer who employs more than five hundred (500) employees in each of twenty (20) or more calendar weeks in the current or preceding calendar year. (3) Damages under subdivisions (c)(2)(B)(ii)-(v) of this section shall not duplicate or increase an award for damages over the statutory limit allowed by state law or any federal law, as the federal law existed on January 1, 2017. (4) Any action based on employment discrimination in violation of subdivision (a)(1) of this section shall be brought within one (1) year after the alleged employment discrimination occurred, or within ninety (90) days of receipt of a "Right to Sue" letter or a notice of "Determination" from the United States Equal Employment Opportunity Commission concerning the alleged unlawful employment practice, whichever is later.

(1) (A) Any individual who is injured by employment discrimination by an employer in violation of subdivision (a)(1) of this section shall have a civil action against the employer only in a court of competent jurisdiction, which may issue an order prohibiting the discriminatory practices and provide affirmative relief from the effects of the practices, and award back pay, interest on back pay, and, in the discretion of the court, the cost of litigation and a reasonable attorney's fee. (B) No liability for back pay shall accrue from a date more than two (2) years prior to the filing of an action.

(A) Any individual who is injured by employment discrimination by an employer in violation of subdivision (a)(1) of this section shall have a civil action against the employer only in a court of competent jurisdiction, which may issue an order prohibiting the discriminatory practices and provide affirmative relief from the effects of the practices, and award back pay, interest on back pay, and, in the discretion of the court, the cost of litigation and a reasonable attorney's fee.

(B) No liability for back pay shall accrue from a date more than two (2) years prior to the filing of an action.

(2) (A) In addition to the remedies under subdivision (c)(1)(A) of this section, any individual who is injured by intentional discrimination by an employer in violation of subdivision (a)(1) of this section shall be entitled to recover compensatory damages and punitive damages. (B) The total compensatory and punitive damages awarded under subdivision (c)(2)(A) of this section shall not exceed: (i) The sum of fifteen thousand dollars ($15,000) in the case of an employer who employs fewer than fifteen (15) employees in each of twenty (20) or more calendar weeks in the current or preceding calendar year; (ii) The sum of fifty thousand dollars ($50,000) in the case of an employer who employs more than fourteen (14) and fewer than one hundred one (101) employees in each of twenty (20) or more calendar weeks in the current or preceding calendar year; (iii) The sum of one hundred thousand dollars ($100,000) in the case of an employer who employs more than one hundred (100) and fewer than two hundred one (201) employees in each of twenty (20) or more calendar weeks in the current or preceding calendar year; (iv) The sum of two hundred thousand dollars ($200,000) in the case of an employer who employs more than two hundred (200) and fewer than five hundred one (501) employees in each of twenty (20) or more calendar weeks in the current or preceding calendar year; and (v) The sum of three hundred thousand dollars ($300,000) in the case of an employer who employs more than five hundred (500) employees in each of twenty (20) or more calendar weeks in the current or preceding calendar year.

(A) In addition to the remedies under subdivision (c)(1)(A) of this section, any individual who is injured by intentional discrimination by an employer in violation of subdivision (a)(1) of this section shall be entitled to recover compensatory damages and punitive damages.

(B) The total compensatory and punitive damages awarded under subdivision (c)(2)(A) of this section shall not exceed: (i) The sum of fifteen thousand dollars ($15,000) in the case of an employer who employs fewer than fifteen (15) employees in each of twenty (20) or more calendar weeks in the current or preceding calendar year; (ii) The sum of fifty thousand dollars ($50,000) in the case of an employer who employs more than fourteen (14) and fewer than one hundred one (101) employees in each of twenty (20) or more calendar weeks in the current or preceding calendar year; (iii) The sum of one hundred thousand dollars ($100,000) in the case of an employer who employs more than one hundred (100) and fewer than two hundred one (201) employees in each of twenty (20) or more calendar weeks in the current or preceding calendar year; (iv) The sum of two hundred thousand dollars ($200,000) in the case of an employer who employs more than two hundred (200) and fewer than five hundred one (501) employees in each of twenty (20) or more calendar weeks in the current or preceding calendar year; and (v) The sum of three hundred thousand dollars ($300,000) in the case of an employer who employs more than five hundred (500) employees in each of twenty (20) or more calendar weeks in the current or preceding calendar year.

(i) The sum of fifteen thousand dollars ($15,000) in the case of an employer who employs fewer than fifteen (15) employees in each of twenty (20) or more calendar weeks in the current or preceding calendar year;

(ii) The sum of fifty thousand dollars ($50,000) in the case of an employer who employs more than fourteen (14) and fewer than one hundred one (101) employees in each of twenty (20) or more calendar weeks in the current or preceding calendar year;

(iii) The sum of one hundred thousand dollars ($100,000) in the case of an employer who employs more than one hundred (100) and fewer than two hundred one (201) employees in each of twenty (20) or more calendar weeks in the current or preceding calendar year;

(iv) The sum of two hundred thousand dollars ($200,000) in the case of an employer who employs more than two hundred (200) and fewer than five hundred one (501) employees in each of twenty (20) or more calendar weeks in the current or preceding calendar year; and

(v) The sum of three hundred thousand dollars ($300,000) in the case of an employer who employs more than five hundred (500) employees in each of twenty (20) or more calendar weeks in the current or preceding calendar year.

(3) Damages under subdivisions (c)(2)(B)(ii)-(v) of this section shall not duplicate or increase an award for damages over the statutory limit allowed by state law or any federal law, as the federal law existed on January 1, 2017.

(4) Any action based on employment discrimination in violation of subdivision (a)(1) of this section shall be brought within one (1) year after the alleged employment discrimination occurred, or within ninety (90) days of receipt of a "Right to Sue" letter or a notice of "Determination" from the United States Equal Employment Opportunity Commission concerning the alleged unlawful employment practice, whichever is later.

Amended by Act 2017, No. 783,§ 2, eff. 8/1/2017.

Acts 1993, No. 962, §§ 4, 5; 1995, No. 480, § 3.
Ark. Code Ann. § 16-110-309 — AR Code / Title 16 / Chapter 110 / Subchapter 3 / Section 16-110-309
Discharging bond
Status: in_force

If the owner, master, supercargo, or consignee of any such boat or vessel seized by attachment shall, at any time before judgment, give bond to the plaintiff with security to be approved by the clerk of the circuit court or by the judge, as the case may be, in double the amount of the demand sued for, conditioned to pay and satisfy such judgment as the court may render against the boat or vessel, or against the owner, as the case may be, together with cost of suit, then the boat or vessel shall forthwith be discharged from the attachment, seizure, and detention. The boat shall nevertheless be liable to be taken and sold on any execution to be issued on any such judgment or upon the judgment that may be rendered at any time on the bond required to be given by the defendant party. Rev. Stat., ch. 14, § 9; C. & M. Dig., § 595; Pope's Dig., § 632; A.S.A. 1947, § 31-411; Acts 2003, No. 1185, § 229.

If the owner, master, supercargo, or consignee of any such boat or vessel seized by attachment shall, at any time before judgment, give bond to the plaintiff with security to be approved by the clerk of the circuit court or by the judge, as the case may be, in double the amount of the demand sued for, conditioned to pay and satisfy such judgment as the court may render against the boat or vessel, or against the owner, as the case may be, together with cost of suit, then the boat or vessel shall forthwith be discharged from the attachment, seizure, and detention. The boat shall nevertheless be liable to be taken and sold on any execution to be issued on any such judgment or upon the judgment that may be rendered at any time on the bond required to be given by the defendant party.

Rev. Stat., ch. 14, § 9; C. & M. Dig., § 595; Pope's Dig., § 632; A.S.A. 1947, § 31-411; Acts 2003, No. 1185, § 229.
Ark. Code Ann. § 16-81-118 — AR Code / Title 16 / Chapter 81 / Subchapter 1 / Section 16-81-118
Citation and arrest by a school resource officer - Definition
Status: in_force

(a) As used in this section, "school resource officer" means a school resource officer as described under § 6-10-128 . (b) A school resource officer may issue a citation to a person to appear in the local district court having jurisdiction over the place where a violation of state law occurred even if the school resource officer is outside of his or her jurisdiction if: (1) The school resource officer is accompanying students on a school-sanctioned event that takes the students outside the county in which the school is located; (2) The violation of state law is in conjunction with criminal activity that directly involves the students, school employees, or other persons participating in, observing, or assisting the school-sanctioned event; and (3) The person who is the recipient of the citation is a student, school employee, or other person participating in, observing, or assisting the school-sanctioned event. (c) The school resource officer shall use a citation book that substantially complies with the citation requirements under § 16-10-205 . (d) (1) A citation issued under this section is not valid unless the school resource officer provides at a minimum: (A) The address and phone number of the district court having jurisdiction; (B) The date and time when the recipient of the citation is to appear in the district court; (C) A cite to the specific state law that was alleged to have been violated; (D) The printed name and date of birth of the person receiving the citation; and (E) (i) An opportunity for the person receiving the citation to sign the citation. (ii) If the person who is to receive the citation refuses to sign the citation, the school resource officer is required to arrest the person and deliver him or her to the local law enforcement agency having jurisdiction immediately. (2) The school resource officer shall file a copy of the citation issued under this section at least fifteen (15) days before the court date listed on the citation. (3) The school resource officer shall provide a person receiving a citation under this section a full and complete copy of the citation. Added by Act 2015, No. 1179,§ 4, eff. 7/22/2015.

(a) As used in this section, "school resource officer" means a school resource officer as described under § 6-10-128 .

(b) A school resource officer may issue a citation to a person to appear in the local district court having jurisdiction over the place where a violation of state law occurred even if the school resource officer is outside of his or her jurisdiction if: (1) The school resource officer is accompanying students on a school-sanctioned event that takes the students outside the county in which the school is located; (2) The violation of state law is in conjunction with criminal activity that directly involves the students, school employees, or other persons participating in, observing, or assisting the school-sanctioned event; and (3) The person who is the recipient of the citation is a student, school employee, or other person participating in, observing, or assisting the school-sanctioned event.

(1) The school resource officer is accompanying students on a school-sanctioned event that takes the students outside the county in which the school is located;

(2) The violation of state law is in conjunction with criminal activity that directly involves the students, school employees, or other persons participating in, observing, or assisting the school-sanctioned event; and

(3) The person who is the recipient of the citation is a student, school employee, or other person participating in, observing, or assisting the school-sanctioned event.

(c) The school resource officer shall use a citation book that substantially complies with the citation requirements under § 16-10-205 .

(d) (1) A citation issued under this section is not valid unless the school resource officer provides at a minimum: (A) The address and phone number of the district court having jurisdiction; (B) The date and time when the recipient of the citation is to appear in the district court; (C) A cite to the specific state law that was alleged to have been violated; (D) The printed name and date of birth of the person receiving the citation; and (E) (i) An opportunity for the person receiving the citation to sign the citation. (ii) If the person who is to receive the citation refuses to sign the citation, the school resource officer is required to arrest the person and deliver him or her to the local law enforcement agency having jurisdiction immediately. (2) The school resource officer shall file a copy of the citation issued under this section at least fifteen (15) days before the court date listed on the citation. (3) The school resource officer shall provide a person receiving a citation under this section a full and complete copy of the citation.

(1) A citation issued under this section is not valid unless the school resource officer provides at a minimum: (A) The address and phone number of the district court having jurisdiction; (B) The date and time when the recipient of the citation is to appear in the district court; (C) A cite to the specific state law that was alleged to have been violated; (D) The printed name and date of birth of the person receiving the citation; and (E) (i) An opportunity for the person receiving the citation to sign the citation. (ii) If the person who is to receive the citation refuses to sign the citation, the school resource officer is required to arrest the person and deliver him or her to the local law enforcement agency having jurisdiction immediately.

(A) The address and phone number of the district court having jurisdiction;

(B) The date and time when the recipient of the citation is to appear in the district court;

(C) A cite to the specific state law that was alleged to have been violated;

(D) The printed name and date of birth of the person receiving the citation; and

(E) (i) An opportunity for the person receiving the citation to sign the citation. (ii) If the person who is to receive the citation refuses to sign the citation, the school resource officer is required to arrest the person and deliver him or her to the local law enforcement agency having jurisdiction immediately.

(i) An opportunity for the person receiving the citation to sign the citation.

(ii) If the person who is to receive the citation refuses to sign the citation, the school resource officer is required to arrest the person and deliver him or her to the local law enforcement agency having jurisdiction immediately.

(2) The school resource officer shall file a copy of the citation issued under this section at least fifteen (15) days before the court date listed on the citation.

(3) The school resource officer shall provide a person receiving a citation under this section a full and complete copy of the citation.

Added by Act 2015, No. 1179,§ 4, eff. 7/22/2015.
Ark. Code Ann. § 16-10-118 — AR Code / Title 16 / Chapter 10 / Subchapter 1 / Section 16-10-118
Judicial officeholder as candidate for nonjudicial office - Resignation - Warrants void
Status: in_force

(a) Whenever the holder of a judicial office in the State of Arkansas becomes a candidate at any primary or general election for a nonjudicial office, he or she shall immediately resign his or her judicial office and thereafter shall be ineligible to hold that judicial office for the balance of the term for which he or she was elected or appointed. (b) Any warrant issued to the holder of the judicial office after he or she shall become a candidate for a nonjudicial office shall be void. (c) As used in this section, "judicial office" is defined to mean the office of district judge, circuit judge, Judge or Chief Judge of the Court of Appeals, and Associate Justice or Chief Justice of the Supreme Court. Acts 1959, No. 5, §§ 1-3; A.S.A. 1947, §§ 22-137 -- 22-139; Acts 1995, No. 549, § 2; 2003, No. 1185, § 43.

(a) Whenever the holder of a judicial office in the State of Arkansas becomes a candidate at any primary or general election for a nonjudicial office, he or she shall immediately resign his or her judicial office and thereafter shall be ineligible to hold that judicial office for the balance of the term for which he or she was elected or appointed.

(b) Any warrant issued to the holder of the judicial office after he or she shall become a candidate for a nonjudicial office shall be void.

(c) As used in this section, "judicial office" is defined to mean the office of district judge, circuit judge, Judge or Chief Judge of the Court of Appeals, and Associate Justice or Chief Justice of the Supreme Court.

Acts 1959, No. 5, §§ 1-3; A.S.A. 1947, §§ 22-137 -- 22-139; Acts 1995, No. 549, § 2; 2003, No. 1185, § 43.
Ark. Code Ann. § 16-111-114 — AR Code / Title 16 / Chapter 111 / Section 16-111-114
Provisions severable
Status: in_force

The several sections and provisions of this chapter except §§ 16-111-101 and 16-111-102 , are hereby declared independent and severable, and the invalidity, if any, of any part or feature thereof shall not affect or render the remainder of the chapter invalid or inoperative. Amended by Act 2017, No. 1030,§ 1, eff. 4/6/2017. Acts 1953, No. 274, § 13.

The several sections and provisions of this chapter except §§ 16-111-101 and 16-111-102 , are hereby declared independent and severable, and the invalidity, if any, of any part or feature thereof shall not affect or render the remainder of the chapter invalid or inoperative.

Amended by Act 2017, No. 1030,§ 1, eff. 4/6/2017.

Acts 1953, No. 274, § 13.
Ark. Code Ann. § 16-17-950 — AR Code / Title 16 / Chapter 17 / Subchapter 9 / Section 16-17-950
[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. § 16-130-101 — AR Code / Title 16 / Chapter 130 / Section 16-130-101
Title
Status: in_force

This chapter shall be known and may be cited as the "Gender Integrity Reinforcement Legislation for Sports (GIRLS) Act". Added by Act 2021, No. 953,§ 1, eff. 7/28/2021.

This chapter shall be known and may be cited as the "Gender Integrity Reinforcement Legislation for Sports (GIRLS) Act".

Added by Act 2021, No. 953,§ 1, eff. 7/28/2021.
Ark. Code Ann. § 16-17-908 — AR Code / Title 16 / Chapter 17 / Subchapter 9 / Section 16-17-908
[Repealed]
Status: repealed

Repealed by Act 2017, No. 723,§ 1, eff. 8/1/2017. Acts 2003, No. 1727, § 8.

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

Acts 2003, No. 1727, § 8.
Ark. Code Ann. § 16-63-212 — AR Code / Title 16 / Chapter 63 / Subchapter 2 / Section 16-63-212
[Repealed]
Status: repealed

Repealed by Act 2013, No. 1148,§ 42, eff. 8/16/2013. Civil Code, § 137; C. & M. Dig., § 1221; Pope's Dig., § 1445; A.S.A. 1947, § 27-1141.

Repealed by Act 2013, No. 1148,§ 42, eff. 8/16/2013.

Civil Code, § 137; C. & M. Dig., § 1221; Pope's Dig., § 1445; A.S.A. 1947, § 27-1141.
Ark. Code Ann. § 16-10-1102 — AR Code / Title 16 / Chapter 10 / Subchapter 11 / Section 16-10-1102
Definitions
Status: in_force

As used in this subchapter: (1) "Interpret" means to convey spoken English in a manner understood by a person who has limited English proficiency by using American Sign Language and transliteration, Communication Access Realtime Translation (CART) services or similar procedures, or a language in which the person is fluent, and to convey the communication made by that person into spoken English; and (2) "Limited English proficiency" means either: (A) The inability of a person to adequately understand or communicate effectively in English in a court proceeding because the person has not developed fluency in English; or (B) The inability of a person to adequately hear, understand, or communicate effectively in English in a court proceeding due to a speech impairment, hearing loss, deafness, deaf-blindness, or other disability. Added by Act 2013, No. 237,§ 2, eff. 8/16/2013.

As used in this subchapter:

(1) "Interpret" means to convey spoken English in a manner understood by a person who has limited English proficiency by using American Sign Language and transliteration, Communication Access Realtime Translation (CART) services or similar procedures, or a language in which the person is fluent, and to convey the communication made by that person into spoken English; and

(2) "Limited English proficiency" means either: (A) The inability of a person to adequately understand or communicate effectively in English in a court proceeding because the person has not developed fluency in English; or (B) The inability of a person to adequately hear, understand, or communicate effectively in English in a court proceeding due to a speech impairment, hearing loss, deafness, deaf-blindness, or other disability.

(A) The inability of a person to adequately understand or communicate effectively in English in a court proceeding because the person has not developed fluency in English; or

(B) The inability of a person to adequately hear, understand, or communicate effectively in English in a court proceeding due to a speech impairment, hearing loss, deafness, deaf-blindness, or other disability.

Added by Act 2013, No. 237,§ 2, eff. 8/16/2013.
Ark. Code Ann. § 16-66-408 — AR Code / Title 16 / Chapter 66 / Subchapter 4 / Section 16-66-408
Notice of sale of real and personal property - Advertisement
Status: in_force

(a) The time and place of sale of real property upon execution, by virtue of a judgment, or order of sale, must be advertised for at least twenty (20) days, next before the day of sale by posting printed advertisements at the courthouse door and five (5) other public places in the county in which the sale is to be made, one (1) of which is to be upon the premises to be sold, and by publishing the advertisement in a weekly newspaper, if there is one, in the county for at least two insertions before the day of sale. (b) (1) The time and place of sale of personal property shall be advertised by posting written or printed notices at three (3) of the most public places in the vicinity of the place of sale. (2) No goods and chattels or other personal effects, seized and taken by virtue of any execution, shall be sold until the officer making the sale shall have given at least ten (10) days' notice of the time and place of sale and the property to be sold. Rev. Stat., ch. 60, § 36; Civil Code, § 690; C. & M. Dig., §§ 4321, 4323; Pope's Dig., §§ 5335, 5353; A.S.A. 1947, §§ 30-417, 30-418.

(a) The time and place of sale of real property upon execution, by virtue of a judgment, or order of sale, must be advertised for at least twenty (20) days, next before the day of sale by posting printed advertisements at the courthouse door and five (5) other public places in the county in which the sale is to be made, one (1) of which is to be upon the premises to be sold, and by publishing the advertisement in a weekly newspaper, if there is one, in the county for at least two insertions before the day of sale.

(b) (1) The time and place of sale of personal property shall be advertised by posting written or printed notices at three (3) of the most public places in the vicinity of the place of sale. (2) No goods and chattels or other personal effects, seized and taken by virtue of any execution, shall be sold until the officer making the sale shall have given at least ten (10) days' notice of the time and place of sale and the property to be sold.

(1) The time and place of sale of personal property shall be advertised by posting written or printed notices at three (3) of the most public places in the vicinity of the place of sale.

(2) No goods and chattels or other personal effects, seized and taken by virtue of any execution, shall be sold until the officer making the sale shall have given at least ten (10) days' notice of the time and place of sale and the property to be sold.

Rev. Stat., ch. 60, § 36; Civil Code, § 690; C. & M. Dig., §§ 4321, 4323; Pope's Dig., §§ 5335, 5353; A.S.A. 1947, §§ 30-417, 30-418.
Ark. Code Ann. § 16-17-1107 — AR Code / Title 16 / Chapter 17 / Subchapter 11 / Section 16-17-1107
Salary of judges serving city or county
Status: in_force

This subchapter shall not in any way limit the power and authority of local district courts currently existing. Except for the state district court judgeships created under this subchapter, a judge serving in another full-time or part-time local district court position shall continue to be an employee of the cities or counties, or both, that he or she serves and shall be paid according to state law. Acts 2007, No. 663, § 2; 2011, No. 1219, § 6.

This subchapter shall not in any way limit the power and authority of local district courts currently existing. Except for the state district court judgeships created under this subchapter, a judge serving in another full-time or part-time local district court position shall continue to be an employee of the cities or counties, or both, that he or she serves and shall be paid according to state law.

Acts 2007, No. 663, § 2; 2011, No. 1219, § 6.
Ark. Code Ann. § 16-107-201 — AR Code / Title 16 / Chapter 107 / Subchapter 2 / Section 16-107-201
Applicability
Status: in_force

(a) The provisions of this subchapter in relation to suits on official bonds shall apply as well to suits on bonds of administrators, executors, guardians, and others required by law to give bond, with condition for the performance of any duty or trust, as to suits on bonds of officers. (b) The persons aggrieved may prosecute suits in the same manner, with like effect, and subject in all respects to the provisions contained in this subchapter, in respect to suits on official bonds. (c) The court shall possess the same power in relation to the suits. Rev. Stat., ch. 112, § 27; C. & M. Dig., § 8186; Pope's Dig., § 10617; A.S.A. 1947, § 34-327.

(a) The provisions of this subchapter in relation to suits on official bonds shall apply as well to suits on bonds of administrators, executors, guardians, and others required by law to give bond, with condition for the performance of any duty or trust, as to suits on bonds of officers.

(b) The persons aggrieved may prosecute suits in the same manner, with like effect, and subject in all respects to the provisions contained in this subchapter, in respect to suits on official bonds.

(c) The court shall possess the same power in relation to the suits.

Rev. Stat., ch. 112, § 27; C. & M. Dig., § 8186; Pope's Dig., § 10617; A.S.A. 1947, § 34-327.
Ark. Code Ann. § 16-13-2803 — AR Code / Title 16 / Chapter 13 / Subchapter 28 / Section 16-13-2803
Judges and chancellors
Status: in_force

(a) The qualified electors of the Twentieth Judicial District shall elect: (1) One (1) circuit judge; (2) One (1) chancellor; and (3) One (1) circuit-chancery judge. (b) (1) The judgeship created by subdivision (a)(3) of this section shall be the judge of the juvenile division of chancery court and shall be designated division 2 in all jurisdictions. (2) The judge shall devote such time as may be required to perform the duties of judge of the juvenile division, which duties shall be the primary obligation of the judge, and shall sit as judge of the circuit, chancery, or probate court as time permits. (c) The circuit judgeship created by subdivision (a)(1) of this section shall be a circuit-chancery judgeship which shall have jurisdiction in law, equity, and probate and shall be designated division 1 in all jurisdictions. (d) Effective January 1, 1997, the chancery judgeship created by subdivision (a)(2) of this section shall become a circuit-chancery judgeship which shall have jurisdiction in law, equity, and probate and shall be designated division 3 in all jurisdictions. (e) There is hereby created in the Twentieth Judicial District an additional circuit-chancery judgeship, which shall have jurisdiction in law, equity, and probate and shall be designated division 4 in all jurisdictions. (f) (1) Effective July 1, 2007, there is created in the Twentieth Judicial District an additional circuit judgeship that shall have jurisdiction in law, equity, probate, and juvenile matters. (2) The Governor shall appoint a qualified person who is a resident of the district to temporarily fill the Twentieth Judicial District circuit judgeship created by subdivision (f)(1) of this section, and the appointed person shall serve until January 1, 2009, or until a successor has been elected and qualified. (3) (A) The qualified electors of the district shall elect the additional circuit judge created by subdivision (f)(1) of this section at the 2008 preferential primary election to take office on January 1, 2009. (B) The additional circuit judge shall be elected from the district, shall satisfy the same qualifications for holding office, and shall receive the same salary, expenses, and other allowances as provided by law for judges of the circuit courts. (C) The circuit judge shall serve for elected terms of six (6) years. (4) The counties that compose the Twentieth Judicial District shall provide courtroom and office facilities and supplies for the judge of the circuit judgeship created by subdivision (f)(1) of this section, which shall be paid out of the county treasuries in the same manner as other demands against the counties and out of funds appropriated by the respective quorum courts of the counties for these purposes. (5) There shall be provided for the judge of the circuit judgeship created by subdivision (f)(1) of this section a court reporter and a trial court administrative assistant whose salaries shall be fixed and paid in the manner provided by law for court reporters and trial court administrative assistants of the circuit courts of this state. Acts 1977, No. 432, § 1; A.S.A. 1947, § 22-365; Acts 1989, No. 949, § 1; 1993, No. 131, § 1; 1995, No. 170, §§ 1, 4; 2007, No. 168, § 4.

(a) The qualified electors of the Twentieth Judicial District shall elect: (1) One (1) circuit judge; (2) One (1) chancellor; and (3) One (1) circuit-chancery judge.

(1) One (1) circuit judge;

(2) One (1) chancellor; and

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

(b) (1) The judgeship created by subdivision (a)(3) of this section shall be the judge of the juvenile division of chancery court and shall be designated division 2 in all jurisdictions. (2) The judge shall devote such time as may be required to perform the duties of judge of the juvenile division, which duties shall be the primary obligation of the judge, and shall sit as judge of the circuit, chancery, or probate court as time permits.

(1) The judgeship created by subdivision (a)(3) of this section shall be the judge of the juvenile division of chancery court and shall be designated division 2 in all jurisdictions.

(2) The judge shall devote such time as may be required to perform the duties of judge of the juvenile division, which duties shall be the primary obligation of the judge, and shall sit as judge of the circuit, chancery, or probate court as time permits.

(c) The circuit judgeship created by subdivision (a)(1) of this section shall be a circuit-chancery judgeship which shall have jurisdiction in law, equity, and probate and shall be designated division 1 in all jurisdictions.

(d) Effective January 1, 1997, the chancery judgeship created by subdivision (a)(2) of this section shall become a circuit-chancery judgeship which shall have jurisdiction in law, equity, and probate and shall be designated division 3 in all jurisdictions.

(e) There is hereby created in the Twentieth Judicial District an additional circuit-chancery judgeship, which shall have jurisdiction in law, equity, and probate and shall be designated division 4 in all jurisdictions.

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

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

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

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

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

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

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

(4) The counties that compose the Twentieth Judicial District shall provide courtroom and office facilities and supplies for the judge of the circuit judgeship created by subdivision (f)(1) of this section, which shall be paid out of the county treasuries in the same manner as other demands against the counties and out of funds appropriated by the respective quorum courts of the counties for these purposes.

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

Acts 1977, No. 432, § 1; A.S.A. 1947, § 22-365; Acts 1989, No. 949, § 1; 1993, No. 131, § 1; 1995, No. 170, §§ 1, 4; 2007, No. 168, § 4.
Ark. Code Ann. § 16-46-304 — AR Code / Title 16 / Chapter 46 / Subchapter 3 / Section 16-46-304
Opening of sealed envelopes
Status: in_force

(a) Unless the sealed envelope or wrapper is returned to the custodian who is to appear personally, the copy of the records shall remain sealed and shall be opened only at the time of trial, deposition, or other hearing, upon the direction of the judge, court, officer, body, or tribunal conducting the proceeding, in the presence of all parties who have appeared in person or by counsel at such trial, deposition, or hearing. Before directing that the inner envelope or wrapper be opened, the judge, court, officer, body, or tribunal shall first ascertain that either: (1) The records have been subpoenaed at the instance of the patient involved or his counsel of record; or (2) The patient involved or someone authorized in his behalf to do so for him has consented thereto and waived any privilege of confidentiality involved. (b) Records which are not introduced in evidence or required as part of the record shall be returned to the person or entity from whom received. Acts 1981, No. 255, § 4; A.S.A. 1947, § 28-939.

(a) Unless the sealed envelope or wrapper is returned to the custodian who is to appear personally, the copy of the records shall remain sealed and shall be opened only at the time of trial, deposition, or other hearing, upon the direction of the judge, court, officer, body, or tribunal conducting the proceeding, in the presence of all parties who have appeared in person or by counsel at such trial, deposition, or hearing. Before directing that the inner envelope or wrapper be opened, the judge, court, officer, body, or tribunal shall first ascertain that either: (1) The records have been subpoenaed at the instance of the patient involved or his counsel of record; or (2) The patient involved or someone authorized in his behalf to do so for him has consented thereto and waived any privilege of confidentiality involved.

(1) The records have been subpoenaed at the instance of the patient involved or his counsel of record; or

(2) The patient involved or someone authorized in his behalf to do so for him has consented thereto and waived any privilege of confidentiality involved.

(b) Records which are not introduced in evidence or required as part of the record shall be returned to the person or entity from whom received.

Acts 1981, No. 255, § 4; A.S.A. 1947, § 28-939.
Ark. Code Ann. § 16-105-414 — AR Code / Title 16 / Chapter 105 / Subchapter 4 / Section 16-105-414
Fees - Closing of building or place
Status: in_force

For removing and selling the movable property, the city, county, or responsible law enforcement agency is entitled to charge and receive the same fees as would be charged and received for levying upon and selling like property on execution; and for closing the premises and keeping them closed, a reasonable sum shall be allowed by the court. Acts 1989, No. 556, § 1.

For removing and selling the movable property, the city, county, or responsible law enforcement agency is entitled to charge and receive the same fees as would be charged and received for levying upon and selling like property on execution; and for closing the premises and keeping them closed, a reasonable sum shall be allowed by the court.

Acts 1989, No. 556, § 1.
Ark. Code Ann. § 16-90-1503 — AR Code / Title 16 / Chapter 90 / Subchapter 15 / Section 16-90-1503
Option to resolve pending misdemeanor matters - Definition
Status: in_force

(a) As used in this section, "assistance" means the Department of Corrections shall make available means of communication between a person, the prosecuting attorney, the court, local law enforcement agencies, and the person's attorney, if applicable, to help facilitate the entry of pleas remotely from the department, addressing outstanding misdemeanor arrest warrants, and, when required by the court, attendance at the court for the purposes of entry of pleas, hearings, or trials. (b) (1) A person incarcerated in the department, with the assistance of the department, may petition a court for a quick resolution of a misdemeanor offense pending in the court. (2) The person may also request to be served with any outstanding misdemeanor arrest warrant in order to begin the process of resolving the misdemeanor arrest warrant. (3) Upon request to the court with jurisdiction over the outstanding misdemeanor offense, the court may require the misdemeanor arrest warrant to be served by the staff of the department. (c) Local law enforcement agencies with jurisdiction over the outstanding misdemeanor offense shall also help facilitate transportation of the person to and from the department to the court when the court requires it for trial. Added by Act 2021, No. 1048,§ 1, eff. 7/28/2021.

(a) As used in this section, "assistance" means the Department of Corrections shall make available means of communication between a person, the prosecuting attorney, the court, local law enforcement agencies, and the person's attorney, if applicable, to help facilitate the entry of pleas remotely from the department, addressing outstanding misdemeanor arrest warrants, and, when required by the court, attendance at the court for the purposes of entry of pleas, hearings, or trials.

(b) (1) A person incarcerated in the department, with the assistance of the department, may petition a court for a quick resolution of a misdemeanor offense pending in the court. (2) The person may also request to be served with any outstanding misdemeanor arrest warrant in order to begin the process of resolving the misdemeanor arrest warrant. (3) Upon request to the court with jurisdiction over the outstanding misdemeanor offense, the court may require the misdemeanor arrest warrant to be served by the staff of the department.

(1) A person incarcerated in the department, with the assistance of the department, may petition a court for a quick resolution of a misdemeanor offense pending in the court.

(2) The person may also request to be served with any outstanding misdemeanor arrest warrant in order to begin the process of resolving the misdemeanor arrest warrant.

(3) Upon request to the court with jurisdiction over the outstanding misdemeanor offense, the court may require the misdemeanor arrest warrant to be served by the staff of the department.

(c) Local law enforcement agencies with jurisdiction over the outstanding misdemeanor offense shall also help facilitate transportation of the person to and from the department to the court when the court requires it for trial.

Added by Act 2021, No. 1048,§ 1, eff. 7/28/2021.
Ark. Code Ann. § 16-46-205 — AR Code / Title 16 / Chapter 46 / Subchapter 2 / Section 16-46-205
[Repealed]
Status: repealed

Repealed by Act 2013, No. 1148,§ 12, eff. 8/16/2013. Rev. Stat., ch. 18, § 6; Acts 1853, § 2, p. 199; Civil Code, § 487; C. & M. Dig., §§ 4122, 4123, 4128; Pope's Dig., §§ 5131, 5132, 5137; A.S.A. 1947, §§ 28-908 -- 28-910.

Repealed by Act 2013, No. 1148,§ 12, eff. 8/16/2013.

Rev. Stat., ch. 18, § 6; Acts 1853, § 2, p. 199; Civil Code, § 487; C. & M. Dig., §§ 4122, 4123, 4128; Pope's Dig., §§ 5131, 5132, 5137; A.S.A. 1947, §§ 28-908 -- 28-910.
Ark. Code Ann. § 16-34-104 — AR Code / Title 16 / Chapter 34 / Section 16-34-104
Mileage reimbursement for jurors
Status: in_force

In the event and to the extent that a county quorum court adopts by ordinance a policy for reimbursement of mileage costs for jurors, any person who is eligible to receive per diem compensation under § 16-34-103 and whose primary place of residence is outside the city limits of the city where the court that summoned the juror or prospective juror is located may receive, in addition to the per diem compensation, a mileage reimbursement payment for mileage from and to his or her home by the most direct and practicable route at the rate prescribed by the county. Acts 1911, No. 89, § 2; C. & M. Dig., § 4607; Pope's Dig., § 5696; Acts 1983, No. 169, § 2; A.S.A. 1947, § 39-303; Acts 2007, No. 1033, § 3.

In the event and to the extent that a county quorum court adopts by ordinance a policy for reimbursement of mileage costs for jurors, any person who is eligible to receive per diem compensation under § 16-34-103 and whose primary place of residence is outside the city limits of the city where the court that summoned the juror or prospective juror is located may receive, in addition to the per diem compensation, a mileage reimbursement payment for mileage from and to his or her home by the most direct and practicable route at the rate prescribed by the county.

Acts 1911, No. 89, § 2; C. & M. Dig., § 4607; Pope's Dig., § 5696; Acts 1983, No. 169, § 2; A.S.A. 1947, § 39-303; Acts 2007, No. 1033, § 3.
Ark. Code Ann. § 16-17-940 — AR Code / Title 16 / Chapter 17 / Subchapter 9 / Section 16-17-940
[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. § 16-94-226 — AR Code / Title 16 / Chapter 94 / Subchapter 2 / Section 16-94-226
Trial for other crimes
Status: in_force

After a person has been brought back to this state upon extradition proceedings, he or she may be tried in this state for other crimes which he or she may be charged with having committed here, as well as that specified in the requisition for his or her extradition. Acts 1935, No. 126, § 26; Pope's Dig., § 6106; A.S.A. 1947, § 43-3026.

After a person has been brought back to this state upon extradition proceedings, he or she may be tried in this state for other crimes which he or she may be charged with having committed here, as well as that specified in the requisition for his or her extradition.

Acts 1935, No. 126, § 26; Pope's Dig., § 6106; A.S.A. 1947, § 43-3026.
Ark. Code Ann. § 16-13-2003 — AR Code / Title 16 / Chapter 13 / Subchapter 20 / Section 16-13-2003
Judges and chancellors
Status: in_force

(a) The qualified electors of the Twelfth Judicial District shall elect: (1) Two (2) circuit judges; (2) Two (2) chancellors; and (3) One (1) circuit-chancery judge. (b) (1) In the Twelfth Judicial District there shall be one (1) additional circuit-chancery judgeship, which shall have jurisdiction in law, equity, and probate. (2) Effective July 1, 1991, the circuit-chancery judgeship created by this subsection shall become a circuit judgeship which shall have jurisdiction only in law. (c) Effective July 1, 1991, there is hereby created an additional chancery judgeship in the Twelfth Judicial District which shall have jurisdiction in equity and probate. (d) (1) Each judge of the judgeship created by subdivision (a)(3) of this section shall be the judge of the juvenile division of chancery court. The judge shall serve as judge of the juvenile division in lieu of the judge who would otherwise be designated as judge of the juvenile division of chancery court in the Twelfth Judicial District. (2) The judge of the additional circuit-chancery judgeship created in subdivision (a)(3) of this section shall devote such time as may be required to perform the duties of judge of the juvenile division, which duties shall be the primary obligation of the judge, and shall sit as judge of the circuit, chancery, or probate court as time permits. (e) There is created in the Twelfth Judicial District an additional circuit judgeship that shall have jurisdiction in law, equity, probate, and juvenile matters. Amended by Act 2019, No. 1003,§ 3, eff. 7/1/2019. Acts 1977, No. 432, § 1; 1981 (Ex. Sess.), No. 38, § 1; A.S.A. 1947, §§ 22-365, 22-373; Acts 1989, No. 949, § 1; 1991, No. 97, § 1; 1991, No. 147, § 1.

(a) The qualified electors of the Twelfth Judicial District shall elect: (1) Two (2) circuit judges; (2) Two (2) chancellors; and (3) One (1) circuit-chancery judge.

(1) Two (2) circuit judges;

(2) Two (2) chancellors; and

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

(b) (1) In the Twelfth Judicial District there shall be one (1) additional circuit-chancery judgeship, which shall have jurisdiction in law, equity, and probate. (2) Effective July 1, 1991, the circuit-chancery judgeship created by this subsection shall become a circuit judgeship which shall have jurisdiction only in law.

(1) In the Twelfth Judicial District there shall be one (1) additional circuit-chancery judgeship, which shall have jurisdiction in law, equity, and probate.

(2) Effective July 1, 1991, the circuit-chancery judgeship created by this subsection shall become a circuit judgeship which shall have jurisdiction only in law.

(c) Effective July 1, 1991, there is hereby created an additional chancery judgeship in the Twelfth Judicial District which shall have jurisdiction in equity and probate.

(d) (1) Each judge of the judgeship created by subdivision (a)(3) of this section shall be the judge of the juvenile division of chancery court. The judge shall serve as judge of the juvenile division in lieu of the judge who would otherwise be designated as judge of the juvenile division of chancery court in the Twelfth Judicial District. (2) The judge of the additional circuit-chancery judgeship created in subdivision (a)(3) of this section shall devote such time as may be required to perform the duties of judge of the juvenile division, which duties shall be the primary obligation of the judge, and shall sit as judge of the circuit, chancery, or probate court as time permits.

(1) Each judge of the judgeship created by subdivision (a)(3) of this section shall be the judge of the juvenile division of chancery court. The judge shall serve as judge of the juvenile division in lieu of the judge who would otherwise be designated as judge of the juvenile division of chancery court in the Twelfth Judicial District.

(2) The judge of the additional circuit-chancery judgeship created in subdivision (a)(3) of this section shall devote such time as may be required to perform the duties of judge of the juvenile division, which duties shall be the primary obligation of the judge, and shall sit as judge of the circuit, chancery, or probate court as time permits.

(e) There is created in the Twelfth Judicial District an additional circuit judgeship that shall have jurisdiction in law, equity, probate, and juvenile matters.

Amended by Act 2019, No. 1003,§ 3, eff. 7/1/2019.

Acts 1977, No. 432, § 1; 1981 (Ex. Sess.), No. 38, § 1; A.S.A. 1947, §§ 22-365, 22-373; Acts 1989, No. 949, § 1; 1991, No. 97, § 1; 1991, No. 147, § 1.
Ark. Code Ann. § 16-96-506 — AR Code / Title 16 / Chapter 96 / Subchapter 5 / Section 16-96-506
Time of trial
Status: in_force

All appeals to the circuit court in criminal cases shall stand for trial at any time after the transcript and papers are, or should have been, filed in the circuit court as provided in this subchapter. Acts 1905, No. 151, § 3, p. 375; C. & M. Dig., § 3384; Pope's Dig., § 4227; Acts 1955, No. 68, § 1; A.S.A. 1947, § 44-506.

All appeals to the circuit court in criminal cases shall stand for trial at any time after the transcript and papers are, or should have been, filed in the circuit court as provided in this subchapter.

Acts 1905, No. 151, § 3, p. 375; C. & M. Dig., § 3384; Pope's Dig., § 4227; Acts 1955, No. 68, § 1; A.S.A. 1947, § 44-506.
Ark. Code Ann. § 16-46-209 — AR Code / Title 16 / Chapter 46 / Subchapter 2 / Section 16-46-209
[Repealed]
Status: repealed

Repealed by Act 2013, No. 1148,§ 16, eff. 8/16/2013. Rev. Stat., ch. 59, § 6; C. & M. Dig., § 4120; Pope's Dig., § 5129; A.S.A. 1947, § 28-916.

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

Rev. Stat., ch. 59, § 6; C. & M. Dig., § 4120; Pope's Dig., § 5129; A.S.A. 1947, § 28-916.
Ark. Code Ann. § 16-123-348 — AR Code / Title 16 / Chapter 123 / Subchapter 3 / Section 16-123-348
Violations - Bodily injury - Penalties
Status: in_force

(a) It is unlawful for a person, whether or not acting under color of law, by force or threat of force, to willfully injure, intimidate, or interfere with, or attempt to injure, intimidate, or interfere with: (1) Any person because of his or her race, color, religion, sex, disability, as defined in § 16-123-302 , familial status, as defined in § 16-123-302 , or national origin or because the person is or has been selling, purchasing, renting, financing, occupying, or contracting or negotiating for the sale, purchase, rental, financing, or occupation of any dwelling, or applying for or participating in any service, organizations, or facility relating to the business of selling or renting dwellings; (2) Any person because he or she is or has been, or in order to intimidate the person or any other person or any class of persons from: (A) Participating, without discrimination on account of race, color, religion, sex, disability, as defined in § 16-123-302 , familial status, as defined in § 16-123-302 , or national origin, in any of the activities, services, organizations, or facilities described in subdivision (a)(1) of this section; or (B) Affording any person or class of persons opportunity or protection so to participate; or (3) Any citizen because he or she is or has been, or in order to discourage the citizen or any other citizen from lawfully aiding or encouraging other persons to participate, without discrimination on account of race, color, religion, sex, disability, as defined in § 16-123-302 , familial status, as defined in § 16-123-302 , or national origin, in any of the activities, services, organizations, or facilities described in subdivision (a)(1) of this section, or participating lawfully in speech or peaceful assembly opposing any denial of the opportunity to so participate. (b) A person who violates any provision of subsection (a) of this section shall: (1) If the violation results in bodily injury, be fined not more than two hundred fifty thousand dollars ($250,000) or be imprisoned for not more than ten (10) years, or both; (2) If the violation results in death, be imprisoned for not less than ten (10) years or life; (3) If the violation results in property damage exceeding one hundred dollars ($100) or if the violation involves the use or attempted use of fire or a firearm, be fined not more than two hundred fifty thousand dollars ($250,000) or be imprisoned for not more than five (5) years, or both; or (4) Otherwise, be fined not more than one hundred thousand dollars ($100,000) or be imprisoned for not more then one (1) year, or both. Acts 2001, No. 1785, § 49; 2003, No. 1775, § 12.

(a) It is unlawful for a person, whether or not acting under color of law, by force or threat of force, to willfully injure, intimidate, or interfere with, or attempt to injure, intimidate, or interfere with: (1) Any person because of his or her race, color, religion, sex, disability, as defined in § 16-123-302 , familial status, as defined in § 16-123-302 , or national origin or because the person is or has been selling, purchasing, renting, financing, occupying, or contracting or negotiating for the sale, purchase, rental, financing, or occupation of any dwelling, or applying for or participating in any service, organizations, or facility relating to the business of selling or renting dwellings; (2) Any person because he or she is or has been, or in order to intimidate the person or any other person or any class of persons from: (A) Participating, without discrimination on account of race, color, religion, sex, disability, as defined in § 16-123-302 , familial status, as defined in § 16-123-302 , or national origin, in any of the activities, services, organizations, or facilities described in subdivision (a)(1) of this section; or (B) Affording any person or class of persons opportunity or protection so to participate; or (3) Any citizen because he or she is or has been, or in order to discourage the citizen or any other citizen from lawfully aiding or encouraging other persons to participate, without discrimination on account of race, color, religion, sex, disability, as defined in § 16-123-302 , familial status, as defined in § 16-123-302 , or national origin, in any of the activities, services, organizations, or facilities described in subdivision (a)(1) of this section, or participating lawfully in speech or peaceful assembly opposing any denial of the opportunity to so participate.

(1) Any person because of his or her race, color, religion, sex, disability, as defined in § 16-123-302 , familial status, as defined in § 16-123-302 , or national origin or because the person is or has been selling, purchasing, renting, financing, occupying, or contracting or negotiating for the sale, purchase, rental, financing, or occupation of any dwelling, or applying for or participating in any service, organizations, or facility relating to the business of selling or renting dwellings;

(2) Any person because he or she is or has been, or in order to intimidate the person or any other person or any class of persons from: (A) Participating, without discrimination on account of race, color, religion, sex, disability, as defined in § 16-123-302 , familial status, as defined in § 16-123-302 , or national origin, in any of the activities, services, organizations, or facilities described in subdivision (a)(1) of this section; or (B) Affording any person or class of persons opportunity or protection so to participate; or

(A) Participating, without discrimination on account of race, color, religion, sex, disability, as defined in § 16-123-302 , familial status, as defined in § 16-123-302 , or national origin, in any of the activities, services, organizations, or facilities described in subdivision (a)(1) of this section; or

(B) Affording any person or class of persons opportunity or protection so to participate; or

(3) Any citizen because he or she is or has been, or in order to discourage the citizen or any other citizen from lawfully aiding or encouraging other persons to participate, without discrimination on account of race, color, religion, sex, disability, as defined in § 16-123-302 , familial status, as defined in § 16-123-302 , or national origin, in any of the activities, services, organizations, or facilities described in subdivision (a)(1) of this section, or participating lawfully in speech or peaceful assembly opposing any denial of the opportunity to so participate.

(b) A person who violates any provision of subsection (a) of this section shall: (1) If the violation results in bodily injury, be fined not more than two hundred fifty thousand dollars ($250,000) or be imprisoned for not more than ten (10) years, or both; (2) If the violation results in death, be imprisoned for not less than ten (10) years or life; (3) If the violation results in property damage exceeding one hundred dollars ($100) or if the violation involves the use or attempted use of fire or a firearm, be fined not more than two hundred fifty thousand dollars ($250,000) or be imprisoned for not more than five (5) years, or both; or (4) Otherwise, be fined not more than one hundred thousand dollars ($100,000) or be imprisoned for not more then one (1) year, or both.

(1) If the violation results in bodily injury, be fined not more than two hundred fifty thousand dollars ($250,000) or be imprisoned for not more than ten (10) years, or both;

(2) If the violation results in death, be imprisoned for not less than ten (10) years or life;

(3) If the violation results in property damage exceeding one hundred dollars ($100) or if the violation involves the use or attempted use of fire or a firearm, be fined not more than two hundred fifty thousand dollars ($250,000) or be imprisoned for not more than five (5) years, or both; or

(4) Otherwise, be fined not more than one hundred thousand dollars ($100,000) or be imprisoned for not more then one (1) year, or both.

Acts 2001, No. 1785, § 49; 2003, No. 1775, § 12.
Ark. Code Ann. § 16-88-209 — AR Code / Title 16 / Chapter 88 / Subchapter 2 / Section 16-88-209
Transcript of records and proceedings
Status: in_force

(a) Whenever any order shall be made for the removal of any cause under the provisions of this subchapter, the clerk of the court in which the cause is pending shall make out a full transcript of the records and proceedings in the cause, including the order of removal, the petition therefor, if any, and the recognizance of the defendant and of all witnesses. The clerk shall immediately transmit the transcript, duly certified under the seal of the court, to the clerk of the court to which the removal of the cause is ordered. (b) If the transcript shall not have been transmitted or shall not have been received on or before the first term of the court to which the cause is ordered removed, or if the transcript shall be lost or destroyed, the cause shall not, by reason thereof, abate or be discontinued, but the transcript, or another in lieu thereof, may be transmitted and filed as required by this subchapter at or before the next succeeding term of the court. Proceeding shall be had thereon as if no failure or loss had happened. (c) On the receipt of the transcript by the clerk of the court to which any cause is removed, the clerk shall file the transcript as a record of his court, and the same proceedings shall be had in the cause in the court, and in the same manner in all respects, as if the cause had originated there. Crim. Code, §§ 424-426, as added by Acts 1873, No. 98, § 1, p. 234; C. & M. Dig., §§ 3096-3098; Pope's Dig., §§ 3926-3928; A.S.A. 1947, §§ 43-1510 -- 43-1512.

(a) Whenever any order shall be made for the removal of any cause under the provisions of this subchapter, the clerk of the court in which the cause is pending shall make out a full transcript of the records and proceedings in the cause, including the order of removal, the petition therefor, if any, and the recognizance of the defendant and of all witnesses. The clerk shall immediately transmit the transcript, duly certified under the seal of the court, to the clerk of the court to which the removal of the cause is ordered.

(b) If the transcript shall not have been transmitted or shall not have been received on or before the first term of the court to which the cause is ordered removed, or if the transcript shall be lost or destroyed, the cause shall not, by reason thereof, abate or be discontinued, but the transcript, or another in lieu thereof, may be transmitted and filed as required by this subchapter at or before the next succeeding term of the court. Proceeding shall be had thereon as if no failure or loss had happened.

(c) On the receipt of the transcript by the clerk of the court to which any cause is removed, the clerk shall file the transcript as a record of his court, and the same proceedings shall be had in the cause in the court, and in the same manner in all respects, as if the cause had originated there.

Crim. Code, §§ 424-426, as added by Acts 1873, No. 98, § 1, p. 234; C. & M. Dig., §§ 3096-3098; Pope's Dig., §§ 3926-3928; A.S.A. 1947, §§ 43-1510 -- 43-1512.
Ark. Code Ann. § 16-20-303 — AR Code / Title 16 / Chapter 20 / Subchapter 3 / Section 16-20-303
List of causes to be tried - Issuance of subpoenas - Penalty for noncompliance
Status: in_force

(a) (1) The several clerks of the circuit courts shall, within twenty (20) days before the commencement of each term of the court, make out a docket of all causes, both civil and criminal, in which an issue of fact is to be tried, an inquiry of damages to be made, a special verdict, agreed case, demurrer, or other matter of law, to be argued at such term. (2) The clerk shall arrange such causes or indictments upon the docket in the same order in which the original process was issued. However, all criminal matters shall be first set down. A proper portion of the causes shall be set for each day the term is supposed to continue. (b) Every clerk, within the time specified in subdivision (a)(1) of this section, shall post in some convenient place in his office a list of all causes specified in subdivision (a)(1) of this section, distinguishing therein the day on which each cause is to be tried. He shall keep such list so affixed until the end of such term, for the inspection of the parties litigant, and their attorneys. (c) Every clerk of the circuit court, upon the demand of any party or his attorney and upon the payment of the legal fee therefor, shall issue subpoenas for witnesses to appear and testify on the day for which the cause is set in which the subpoenas are demanded. (d) Every clerk who neglects or refuses to make out the docket or to set and keep up such lists of causes, or to issue subpoenas according to the provisions of this section, shall, on motion, be fined by the court in any sum not exceeding one hundred dollars ($100). Rev. Stat., ch. 116, §§ 144, 145; C. & M. Dig., §§ 1380, 1381; Pope's Dig., §§ 1641, 1642; A.S.A. 1947, §§ 23-316, 23-317.

(a) (1) The several clerks of the circuit courts shall, within twenty (20) days before the commencement of each term of the court, make out a docket of all causes, both civil and criminal, in which an issue of fact is to be tried, an inquiry of damages to be made, a special verdict, agreed case, demurrer, or other matter of law, to be argued at such term. (2) The clerk shall arrange such causes or indictments upon the docket in the same order in which the original process was issued. However, all criminal matters shall be first set down. A proper portion of the causes shall be set for each day the term is supposed to continue.

(1) The several clerks of the circuit courts shall, within twenty (20) days before the commencement of each term of the court, make out a docket of all causes, both civil and criminal, in which an issue of fact is to be tried, an inquiry of damages to be made, a special verdict, agreed case, demurrer, or other matter of law, to be argued at such term.

(2) The clerk shall arrange such causes or indictments upon the docket in the same order in which the original process was issued. However, all criminal matters shall be first set down. A proper portion of the causes shall be set for each day the term is supposed to continue.

(b) Every clerk, within the time specified in subdivision (a)(1) of this section, shall post in some convenient place in his office a list of all causes specified in subdivision (a)(1) of this section, distinguishing therein the day on which each cause is to be tried. He shall keep such list so affixed until the end of such term, for the inspection of the parties litigant, and their attorneys.

(c) Every clerk of the circuit court, upon the demand of any party or his attorney and upon the payment of the legal fee therefor, shall issue subpoenas for witnesses to appear and testify on the day for which the cause is set in which the subpoenas are demanded.

(d) Every clerk who neglects or refuses to make out the docket or to set and keep up such lists of causes, or to issue subpoenas according to the provisions of this section, shall, on motion, be fined by the court in any sum not exceeding one hundred dollars ($100).

Rev. Stat., ch. 116, §§ 144, 145; C. & M. Dig., §§ 1380, 1381; Pope's Dig., §§ 1641, 1642; A.S.A. 1947, §§ 23-316, 23-317.
Ark. Code Ann. § 16-22-212 — AR Code / Title 16 / Chapter 22 / Subchapter 2 / Section 16-22-212
Disbarment in another state - Effects
Status: in_force

(a) It shall be unlawful for any person to practice law or attempt to practice law in any court in this state or to solicit business as or in any manner represent himself or herself to be an attorney at law when such a person so practicing or attempting to practice law or soliciting business as or representing himself or herself to be an attorney at law has previously been disbarred from the practice of law in any other state of the United States of America while a resident of that state. (b) (1) No person shall be admitted to practice law in this state who has been disbarred from the practice of law in any other state. (2) The disbarment of any person from the practice of law in any other state shall operate as a disbarment of the person from the practice of law in this state under any license, permit, or enrollment issued to the person by any court in this state prior to his or her disbarment in the other state. (3) A certified copy of the order, judgment, or decree of the disbarment in the other state shall be prima facie evidence of the disbarment in the other state when filed in any court in this state. (c) It shall be unlawful for any judge of any court of record, district judge, mayor, or other judge or magistrate to knowingly permit any person to practice law or attempt to practice law, or to appear in any manner as an attorney at law before him or her or in his or her court in violation of any of the terms and provisions of this section. (d) (1) Any person violating the terms of this section shall be guilty of a violation and upon conviction shall be fined in any sum not less than five hundred dollars ($500) and not more than one thousand dollars ($1,000). (2) Each violation of this section shall constitute a separate offense. Acts 1935, No. 168, §§ 1-4; Pope's Dig., §§ 633, 635-637; A.S.A. 1947, §§ 25-201 -- 25-204; Acts 2003, No. 1185, § 181; 2005, No. 1994, § 82.

(a) It shall be unlawful for any person to practice law or attempt to practice law in any court in this state or to solicit business as or in any manner represent himself or herself to be an attorney at law when such a person so practicing or attempting to practice law or soliciting business as or representing himself or herself to be an attorney at law has previously been disbarred from the practice of law in any other state of the United States of America while a resident of that state.

(b) (1) No person shall be admitted to practice law in this state who has been disbarred from the practice of law in any other state. (2) The disbarment of any person from the practice of law in any other state shall operate as a disbarment of the person from the practice of law in this state under any license, permit, or enrollment issued to the person by any court in this state prior to his or her disbarment in the other state. (3) A certified copy of the order, judgment, or decree of the disbarment in the other state shall be prima facie evidence of the disbarment in the other state when filed in any court in this state.

(1) No person shall be admitted to practice law in this state who has been disbarred from the practice of law in any other state.

(2) The disbarment of any person from the practice of law in any other state shall operate as a disbarment of the person from the practice of law in this state under any license, permit, or enrollment issued to the person by any court in this state prior to his or her disbarment in the other state.

(3) A certified copy of the order, judgment, or decree of the disbarment in the other state shall be prima facie evidence of the disbarment in the other state when filed in any court in this state.

(c) It shall be unlawful for any judge of any court of record, district judge, mayor, or other judge or magistrate to knowingly permit any person to practice law or attempt to practice law, or to appear in any manner as an attorney at law before him or her or in his or her court in violation of any of the terms and provisions of this section.

(d) (1) Any person violating the terms of this section shall be guilty of a violation and upon conviction shall be fined in any sum not less than five hundred dollars ($500) and not more than one thousand dollars ($1,000). (2) Each violation of this section shall constitute a separate offense.

(1) Any person violating the terms of this section shall be guilty of a violation and upon conviction shall be fined in any sum not less than five hundred dollars ($500) and not more than one thousand dollars ($1,000).

(2) Each violation of this section shall constitute a separate offense.

Acts 1935, No. 168, §§ 1-4; Pope's Dig., §§ 633, 635-637; A.S.A. 1947, §§ 25-201 -- 25-204; Acts 2003, No. 1185, § 181; 2005, No. 1994, § 82.
Ark. Code Ann. § 16-47-109 — AR Code / Title 16 / Chapter 47 / Subchapter 1 / Section 16-47-109
Validation of acknowledgments of personnel of armed forces
Status: in_force

All acknowledgments taken before March 20, 1945, and subscribed by officers of the United States armed forces acknowledging the signatures of soldiers in the armed forces are validated in every respect. Acts 1945, No. 263, § 1; A.S.A. 1947, § 49-214.

All acknowledgments taken before March 20, 1945, and subscribed by officers of the United States armed forces acknowledging the signatures of soldiers in the armed forces are validated in every respect.

Acts 1945, No. 263, § 1; A.S.A. 1947, § 49-214.
Ark. Code Ann. § 16-61-110 — AR Code / Title 16 / Chapter 61 / Subchapter 1 / Section 16-61-110
Foreign executors, administrators, and guardians
Status: in_force

Administrators, executors, and guardians appointed in any of the states, territories, or districts of the United States, under the laws thereof, may sue in any of the courts of this state, in their representative capacity, to the same and like effect as if the administrators, executors, and guardians had been qualified under the laws of this state. However, the administrators, executors, or guardians shall be required, before they shall institute a suit or proceeding, to execute the same bond as is required of other nonresidents by the laws of this state. Acts 1843, § 1, p. 105; C. & M. Dig., § 1093; Pope's Dig., § 1309; A.S.A. 1947, § 27-805.

Administrators, executors, and guardians appointed in any of the states, territories, or districts of the United States, under the laws thereof, may sue in any of the courts of this state, in their representative capacity, to the same and like effect as if the administrators, executors, and guardians had been qualified under the laws of this state. However, the administrators, executors, or guardians shall be required, before they shall institute a suit or proceeding, to execute the same bond as is required of other nonresidents by the laws of this state.

Acts 1843, § 1, p. 105; C. & M. Dig., § 1093; Pope's Dig., § 1309; A.S.A. 1947, § 27-805.
Ark. Code Ann. § 16-106-106 — AR Code / Title 16 / Chapter 106 / Subchapter 1 / Section 16-106-106
Setoff against state
Status: in_force

In suits brought in behalf of the state, no debt or claim shall be allowed as a setoff other than those which have been exhibited to the Auditor of State and by him or her allowed, except only in cases when it shall be proven to the satisfaction of the court that the defendant at the time is in possession of vouchers which he or she could not produce to the Auditor of State or that he or she was prevented from exhibiting the claims to the Auditor of State in consequence of sickness or absence. Rev. Stat., ch. 18, § 13; C. & M. Dig., § 9303; Pope's Dig., § 11989; A.S.A. 1947, § 34-210.

In suits brought in behalf of the state, no debt or claim shall be allowed as a setoff other than those which have been exhibited to the Auditor of State and by him or her allowed, except only in cases when it shall be proven to the satisfaction of the court that the defendant at the time is in possession of vouchers which he or she could not produce to the Auditor of State or that he or she was prevented from exhibiting the claims to the Auditor of State in consequence of sickness or absence.

Rev. Stat., ch. 18, § 13; C. & M. Dig., § 9303; Pope's Dig., § 11989; A.S.A. 1947, § 34-210.
Ark. Code Ann. § 16-120-301 — AR Code / Title 16 / Chapter 120 / Subchapter 3 / Section 16-120-301
Injury or damage to person committing felony
Status: in_force

If a person while committing a felony is injured or his or her property damaged, the person who causes such injury or damage shall not be liable for damages nor subject to suit for the injury or damage, provided that: (1) The person causing such injury or damage has not acted with malice; (2) The person committing the felony has not clearly retreated from the felonious activity; (3) The person causing such injury or damage has not prearranged a trap that would automatically inflict injury or damage to any person entering a certain location; and (4) The act causing the injury or damage was the result of or in response to the commission of the felony. Acts 1993, No. 588, § 1.

If a person while committing a felony is injured or his or her property damaged, the person who causes such injury or damage shall not be liable for damages nor subject to suit for the injury or damage, provided that:

(1) The person causing such injury or damage has not acted with malice;

(2) The person committing the felony has not clearly retreated from the felonious activity;

(3) The person causing such injury or damage has not prearranged a trap that would automatically inflict injury or damage to any person entering a certain location; and

(4) The act causing the injury or damage was the result of or in response to the commission of the felony.

Acts 1993, No. 588, § 1.
Ark. Code Ann. § 16-110-106 — AR Code / Title 16 / Chapter 110 / Subchapter 1 / Section 16-110-106
Order of attachment
Status: in_force

(a) (1) An order of attachment shall be made by the clerk of the court in which the action is brought in any case mentioned in § 16-110-101(1) , where there is filed in his or her office an affidavit of the plaintiff or of someone in his or her behalf, showing: (A) The nature of the plaintiff's claim; (B) That it is just; (C) The amount which the affiant believes the plaintiff ought to recover; and (D) The existence in the action of one (1) of the grounds for an attachment enumerated in § 16-110-101(1) . In the case mentioned in § 16-110-101(2) , where it is shown by affidavit or by the return of the county sheriff or other officer upon the order for the delivery of the property claimed, the facts mentioned in § 16-110-101(2) must exist. (2) When the return by the proper officer upon a summons against a defendant states that he or she has left the county to avoid the service of the summons or has concealed himself or herself therein for that purpose, it shall be equivalent to the statement of the fact in the affidavit mentioned in subdivision (a)(1) of this section. (b) (1) The affidavit or grounds of attachment, may be amended so as to embrace any grounds of attachment that may exist up to, and until, the final judgment upon the attachments. If the amendment embraces grounds existing at the time of the commencement of the proceedings, and is sustained upon such grounds, the lien created by the suing out or levying of the original attachment shall be held to be good. (2) However, if the amendments embrace new grounds not existing at the time of suing out the original attachment and the attachment shall be sustained on the new grounds only, the lien shall exist on the property, levied upon from the filing of the original attachment. (3) A general order sustaining the attachment without designating the grounds upon which it is sustained shall be equivalent to sustaining the order on grounds that existed at the time the attachment was sued out. (c) (1) The order of attachment shall be directed and delivered to the county sheriff or other officer, with as many copies thereof as the plaintiff may direct. (2) It shall require him or her to attach and safely keep the property of the defendant in his or her county not exempt from execution, or so much thereof as will satisfy the plaintiff's claim specified in his or her affidavit, which shall be stated in the order and the probable costs of the action, not exceeding thirty dollars ($30.00). It shall also require him or her to summon the garnishees to answer in the action on the return day of the order and to make due return thereof. (3) The return day of the order of attachment when issued at the commencement of the action shall be the same as that of the summons. When the order of attachment is issued afterward, the commencement of the action may be another day in term at the option of the plaintiff. Civil Code, §§ 217, 218, 220, 222; Acts 1871, No. 48, § 1 [217], p. 219; C. & M. Dig., §§ 496, 497, 499, 501; Pope's Dig., §§ 533, 534, 536, 538; A.S.A. 1947, §§ 31-105 -- 31-107, 31-110.

(a) (1) An order of attachment shall be made by the clerk of the court in which the action is brought in any case mentioned in § 16-110-101(1) , where there is filed in his or her office an affidavit of the plaintiff or of someone in his or her behalf, showing: (A) The nature of the plaintiff's claim; (B) That it is just; (C) The amount which the affiant believes the plaintiff ought to recover; and (D) The existence in the action of one (1) of the grounds for an attachment enumerated in § 16-110-101(1) . In the case mentioned in § 16-110-101(2) , where it is shown by affidavit or by the return of the county sheriff or other officer upon the order for the delivery of the property claimed, the facts mentioned in § 16-110-101(2) must exist. (2) When the return by the proper officer upon a summons against a defendant states that he or she has left the county to avoid the service of the summons or has concealed himself or herself therein for that purpose, it shall be equivalent to the statement of the fact in the affidavit mentioned in subdivision (a)(1) of this section.

(1) An order of attachment shall be made by the clerk of the court in which the action is brought in any case mentioned in § 16-110-101(1) , where there is filed in his or her office an affidavit of the plaintiff or of someone in his or her behalf, showing: (A) The nature of the plaintiff's claim; (B) That it is just; (C) The amount which the affiant believes the plaintiff ought to recover; and (D) The existence in the action of one (1) of the grounds for an attachment enumerated in § 16-110-101(1) . In the case mentioned in § 16-110-101(2) , where it is shown by affidavit or by the return of the county sheriff or other officer upon the order for the delivery of the property claimed, the facts mentioned in § 16-110-101(2) must exist.

(A) The nature of the plaintiff's claim;

(B) That it is just;

(C) The amount which the affiant believes the plaintiff ought to recover; and

(D) The existence in the action of one (1) of the grounds for an attachment enumerated in § 16-110-101(1) . In the case mentioned in § 16-110-101(2) , where it is shown by affidavit or by the return of the county sheriff or other officer upon the order for the delivery of the property claimed, the facts mentioned in § 16-110-101(2) must exist.

(2) When the return by the proper officer upon a summons against a defendant states that he or she has left the county to avoid the service of the summons or has concealed himself or herself therein for that purpose, it shall be equivalent to the statement of the fact in the affidavit mentioned in subdivision (a)(1) of this section.

(b) (1) The affidavit or grounds of attachment, may be amended so as to embrace any grounds of attachment that may exist up to, and until, the final judgment upon the attachments. If the amendment embraces grounds existing at the time of the commencement of the proceedings, and is sustained upon such grounds, the lien created by the suing out or levying of the original attachment shall be held to be good. (2) However, if the amendments embrace new grounds not existing at the time of suing out the original attachment and the attachment shall be sustained on the new grounds only, the lien shall exist on the property, levied upon from the filing of the original attachment. (3) A general order sustaining the attachment without designating the grounds upon which it is sustained shall be equivalent to sustaining the order on grounds that existed at the time the attachment was sued out.

(1) The affidavit or grounds of attachment, may be amended so as to embrace any grounds of attachment that may exist up to, and until, the final judgment upon the attachments. If the amendment embraces grounds existing at the time of the commencement of the proceedings, and is sustained upon such grounds, the lien created by the suing out or levying of the original attachment shall be held to be good.

(2) However, if the amendments embrace new grounds not existing at the time of suing out the original attachment and the attachment shall be sustained on the new grounds only, the lien shall exist on the property, levied upon from the filing of the original attachment.

(3) A general order sustaining the attachment without designating the grounds upon which it is sustained shall be equivalent to sustaining the order on grounds that existed at the time the attachment was sued out.

(c) (1) The order of attachment shall be directed and delivered to the county sheriff or other officer, with as many copies thereof as the plaintiff may direct. (2) It shall require him or her to attach and safely keep the property of the defendant in his or her county not exempt from execution, or so much thereof as will satisfy the plaintiff's claim specified in his or her affidavit, which shall be stated in the order and the probable costs of the action, not exceeding thirty dollars ($30.00). It shall also require him or her to summon the garnishees to answer in the action on the return day of the order and to make due return thereof. (3) The return day of the order of attachment when issued at the commencement of the action shall be the same as that of the summons. When the order of attachment is issued afterward, the commencement of the action may be another day in term at the option of the plaintiff.

(1) The order of attachment shall be directed and delivered to the county sheriff or other officer, with as many copies thereof as the plaintiff may direct.

(2) It shall require him or her to attach and safely keep the property of the defendant in his or her county not exempt from execution, or so much thereof as will satisfy the plaintiff's claim specified in his or her affidavit, which shall be stated in the order and the probable costs of the action, not exceeding thirty dollars ($30.00). It shall also require him or her to summon the garnishees to answer in the action on the return day of the order and to make due return thereof.

(3) The return day of the order of attachment when issued at the commencement of the action shall be the same as that of the summons. When the order of attachment is issued afterward, the commencement of the action may be another day in term at the option of the plaintiff.

Civil Code, §§ 217, 218, 220, 222; Acts 1871, No. 48, § 1 [217], p. 219; C. & M. Dig., §§ 496, 497, 499, 501; Pope's Dig., §§ 533, 534, 536, 538; A.S.A. 1947, §§ 31-105 -- 31-107, 31-110.
Ark. Code Ann. § 16-55-116 — AR Code / Title 16 / Chapter 55 / Subchapter 1 / Section 16-55-116
Notice - Service upon certain persons
Status: in_force

(a) (1) Where it is not otherwise specially provided, notice to a party in an action of any motion or proceeding to be made or taken in the action in court or before a judge may be served upon the party or his or her attorney. (2) The service upon the attorney in any such case shall be by delivering to him or her a copy of the notice. (b) A notice to a person constructively summoned and not appearing shall be served on the attorney appointed to defend for him or her. (c) A notice to an infant or person of unsound mind shall be served on the guardian or next friend bringing or defending the action for him or her. (d) A notice to a corporation may be served in the same manner as a summons in an action against it. (e) Where the party has no known place of abode in this state and no attorney in the county where the action is pending, or where the parties, plaintiffs, or defendants are numerous, the court may direct the mode of serving notices and to which persons they shall be given. Civil Code, §§ 708-710, 712, 713; C. & M. Dig., §§ 1329-1331, 1333, 1334; Pope's Dig., §§ 1554-1556, 1558, 1559; A.S.A. 1947, §§ 27-1205 -- 27-1207, 27-1209, 27-1210.

(a) (1) Where it is not otherwise specially provided, notice to a party in an action of any motion or proceeding to be made or taken in the action in court or before a judge may be served upon the party or his or her attorney. (2) The service upon the attorney in any such case shall be by delivering to him or her a copy of the notice.

(1) Where it is not otherwise specially provided, notice to a party in an action of any motion or proceeding to be made or taken in the action in court or before a judge may be served upon the party or his or her attorney.

(2) The service upon the attorney in any such case shall be by delivering to him or her a copy of the notice.

(b) A notice to a person constructively summoned and not appearing shall be served on the attorney appointed to defend for him or her.

(c) A notice to an infant or person of unsound mind shall be served on the guardian or next friend bringing or defending the action for him or her.

(d) A notice to a corporation may be served in the same manner as a summons in an action against it.

(e) Where the party has no known place of abode in this state and no attorney in the county where the action is pending, or where the parties, plaintiffs, or defendants are numerous, the court may direct the mode of serving notices and to which persons they shall be given.

Civil Code, §§ 708-710, 712, 713; C. & M. Dig., §§ 1329-1331, 1333, 1334; Pope's Dig., §§ 1554-1556, 1558, 1559; A.S.A. 1947, §§ 27-1205 -- 27-1207, 27-1209, 27-1210.
Ark. Code Ann. § 16-17-134 — AR Code / Title 16 / Chapter 17 / Subchapter 1 / Section 16-17-134
[Repealed]
Status: repealed

Repealed by Act 2021, No. 475,§ 14, eff. 7/28/2021. Acts 2003, No. 673, § 1; 2011, No. 1132, § 9.

Repealed by Act 2021, No. 475,§ 14, eff. 7/28/2021.

Acts 2003, No. 673, § 1; 2011, No. 1132, § 9.
Ark. Code Ann. § 16-17-138 — AR Code / Title 16 / Chapter 17 / Subchapter 1 / Section 16-17-138
Mandatory holding of court for departments of a district court
Status: in_force

(a) (1) A district court shall hold court in each department of the district court at least one (1) time a month unless mutually waived by the district court judge and the governing body of the city or town in which the department is located. (2) The agreement under subdivision (a)(1) of this section shall be in writing and adopted by ordinance of the governing body of the city or town in which the department is located. (b) If the district court does not have a case at the time court is scheduled to be held in a month, the requirement of subsection (a) of this section is waived and court shall be held at the next scheduled time. Added by Act 2015, No. 1031,§ 1, eff. 7/22/2015.

(a) (1) A district court shall hold court in each department of the district court at least one (1) time a month unless mutually waived by the district court judge and the governing body of the city or town in which the department is located. (2) The agreement under subdivision (a)(1) of this section shall be in writing and adopted by ordinance of the governing body of the city or town in which the department is located.

(1) A district court shall hold court in each department of the district court at least one (1) time a month unless mutually waived by the district court judge and the governing body of the city or town in which the department is located.

(2) The agreement under subdivision (a)(1) of this section shall be in writing and adopted by ordinance of the governing body of the city or town in which the department is located.

(b) If the district court does not have a case at the time court is scheduled to be held in a month, the requirement of subsection (a) of this section is waived and court shall be held at the next scheduled time.

Added by Act 2015, No. 1031,§ 1, eff. 7/22/2015.
Ark. Code Ann. § 16-86-104 — AR Code / Title 16 / Chapter 86 / Section 16-86-104
Admission to State Hospital - Report
Status: in_force

(a) If the Director of the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services determines that a defendant should be admitted to the Arkansas State Hospital for examination and observation, the defendant shall be committed to the Arkansas State Hospital for a period not exceeding one (1) month or until a time as the Director of the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services believes is necessary for the examination and observation of the defendant. (b) The qualified psychiatrist or qualified psychologist who is designated to examine and observe the mental condition of the defendant shall prepare a written report indicating separately the defendant's mental condition during the period of the examination and the defendant's probable mental condition at the time of the commission of the alleged offense. (c) The report shall be certified by the Director of the Arkansas State Hospital or a designee under his or her seal or by an affidavit duly subscribed and sworn to by him or her before a notary public who shall affix the notary public's certificate and seal to it. Amended by Act 2017, No. 913,§ 41, eff. 8/1/2017. Amended by Act 2013, No. 980,§ 6, eff. 8/16/2013. Acts 1971, No. 433, ch. 6, § 7; 1973, No. 95, § 1; 1983, No. 191, § 1; A.S.A. 1947, § 43-1301; Acts 2001, No. 1551, § 4.

(a) If the Director of the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services determines that a defendant should be admitted to the Arkansas State Hospital for examination and observation, the defendant shall be committed to the Arkansas State Hospital for a period not exceeding one (1) month or until a time as the Director of the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services believes is necessary for the examination and observation of the defendant.

(b) The qualified psychiatrist or qualified psychologist who is designated to examine and observe the mental condition of the defendant shall prepare a written report indicating separately the defendant's mental condition during the period of the examination and the defendant's probable mental condition at the time of the commission of the alleged offense.

(c) The report shall be certified by the Director of the Arkansas State Hospital or a designee under his or her seal or by an affidavit duly subscribed and sworn to by him or her before a notary public who shall affix the notary public's certificate and seal to it.

Amended by Act 2017, No. 913,§ 41, eff. 8/1/2017.

Amended by Act 2013, No. 980,§ 6, eff. 8/16/2013.

Acts 1971, No. 433, ch. 6, § 7; 1973, No. 95, § 1; 1983, No. 191, § 1; A.S.A. 1947, § 43-1301; Acts 2001, No. 1551, § 4.
Ark. Code Ann. § 16-17-124 — AR Code / Title 16 / Chapter 17 / Subchapter 1 / Section 16-17-124
Fee for appeal transcript - Disposition
Status: in_force

(a) When required to make a certification of disposition of court proceedings, including without limitation certified copies of the docket, certified copies of civil or small claims judgments, and appeal transcripts, the district court shall collect a fee of not less than five dollars ($5.00) per case for preparation of the original. (b) All funds derived from the fee shall be paid into the general fund of the treasury of each political subdivision that contributes to the expenses of the district court based on the percentage of the expenses contributed by the political subdivision to be appropriated for any permissible use in the administration of the district court. Amended by Act 2015, No. 530,§ 2, eff. 7/22/2015. Acts 1989, No. 901, §§ 1, 2; 2003, No. 1765, § 15; 2005, No. 1934, § 9.

(a) When required to make a certification of disposition of court proceedings, including without limitation certified copies of the docket, certified copies of civil or small claims judgments, and appeal transcripts, the district court shall collect a fee of not less than five dollars ($5.00) per case for preparation of the original.

(b) All funds derived from the fee shall be paid into the general fund of the treasury of each political subdivision that contributes to the expenses of the district court based on the percentage of the expenses contributed by the political subdivision to be appropriated for any permissible use in the administration of the district court.

Amended by Act 2015, No. 530,§ 2, eff. 7/22/2015.

Acts 1989, No. 901, §§ 1, 2; 2003, No. 1765, § 15; 2005, No. 1934, § 9.
Ark. Code Ann. § 16-21-148 — AR Code / Title 16 / Chapter 21 / Subchapter 1 / Section 16-21-148
Deputy prosecutor for civil asset forfeiture actions
Status: in_force

(a) In addition to the deputy prosecuting attorney positions created by § 16-21-113(a)(1) and other Arkansas Code provisions and laws, a prosecuting attorney shall have the power to enter into a contract for personal services with a licensed attorney whose duty it will be to act as a deputy prosecutor to prosecute civil asset forfeiture actions at such hourly amount as is deemed proper by the prosecuting attorney. (b) This attorney may be paid from funds generated from § 5-64-505(i)(2) . Acts 1993, No. 1306, § 5; 1999, No. 1120, § 5.

(a) In addition to the deputy prosecuting attorney positions created by § 16-21-113(a)(1) and other Arkansas Code provisions and laws, a prosecuting attorney shall have the power to enter into a contract for personal services with a licensed attorney whose duty it will be to act as a deputy prosecutor to prosecute civil asset forfeiture actions at such hourly amount as is deemed proper by the prosecuting attorney.

(b) This attorney may be paid from funds generated from § 5-64-505(i)(2) .

Acts 1993, No. 1306, § 5; 1999, No. 1120, § 5.
Ark. Code Ann. § 16-93-211 — AR Code / Title 16 / Chapter 93 / Subchapter 2 / Section 16-93-211
Early release to transitional housing facilities - Definition
Status: in_force

(a) (1) As used in this section, "transitional housing" means a program that provides housing for one (1) or more offenders who have been: (A) Paroled or transferred to post-release supervision from the Division of Correction by the Post-Prison Transfer Board; (B) Placed on probation by a circuit court or district court; or (C) Administratively transferred from the Division of Correction to the Division of Community Correction for participation in a reentry program. (2) An offender's home or the residence of an offender's family member shall not be considered a transitional housing facility for purposes of this section. (b) (1) To assist an offender who will be eligible for parole, post-release supervision, or transfer to successfully reintegrate into the community, the board is authorized to place the offender into approved transitional housing up to one (1) year prior to the offender's date of eligibility for parole or transfer. (2) Subject to conditions of release and consistent with rules promulgated by the board, placement in a transitional housing facility must be preceded by: (A) The provision of all applicable notices under § 16-93-615 ; and (B) A hearing conducted by the board. (c) The decision to place an offender in transitional housing and the establishment of conditions of release by the board must be based on a reasoned, rational plan developed in conjunction with an accepted risk-needs assessment tool such that each placement decision is based on: (1) Established criteria; and (2) A determination that there is a reasonable probability that an offender can be placed in a transitional housing facility without detriment to: (A) The community; or (B) The offender. (d) Conditions of release imposed by the board must at a minimum include a curfew requiring an offender placed in transitional housing to present himself or herself at a scheduled time to be confined in the transitional housing facility. (e) An offender placed in transitional housing by the board will be supervised by officers of the Division of Community Correction. (f) An offender who without permission leaves the custody of the transitional housing facility in which he or she is placed may be subject to criminal prosecution for first degree escape, § 5-54-110 , second degree escape, § 5-54-111 , and third degree escape, § 5-54-112 . (g) Revocation of placement in transitional housing must follow the revocation proceedings established in § 16-93-705 . Amended by Act 2023, No. 659,§ 176, eff. 1/1/2024. Amended by Act 2023, No. 659,§ 175, eff. 1/1/2024. Amended by Act 2019, No. 910,§ 894, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 893, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 892, eff. 7/1/2019. Amended by Act 2015, No. 146,§ 2, eff. 7/22/2015. Acts 2005, No. 679, § 1; 2011, No. 570, § 89.

(a) (1) As used in this section, "transitional housing" means a program that provides housing for one (1) or more offenders who have been: (A) Paroled or transferred to post-release supervision from the Division of Correction by the Post-Prison Transfer Board; (B) Placed on probation by a circuit court or district court; or (C) Administratively transferred from the Division of Correction to the Division of Community Correction for participation in a reentry program. (2) An offender's home or the residence of an offender's family member shall not be considered a transitional housing facility for purposes of this section.

(1) As used in this section, "transitional housing" means a program that provides housing for one (1) or more offenders who have been: (A) Paroled or transferred to post-release supervision from the Division of Correction by the Post-Prison Transfer Board; (B) Placed on probation by a circuit court or district court; or (C) Administratively transferred from the Division of Correction to the Division of Community Correction for participation in a reentry program.

(A) Paroled or transferred to post-release supervision from the Division of Correction by the Post-Prison Transfer Board;

(B) Placed on probation by a circuit court or district court; or

(C) Administratively transferred from the Division of Correction to the Division of Community Correction for participation in a reentry program.

(2) An offender's home or the residence of an offender's family member shall not be considered a transitional housing facility for purposes of this section.

(b) (1) To assist an offender who will be eligible for parole, post-release supervision, or transfer to successfully reintegrate into the community, the board is authorized to place the offender into approved transitional housing up to one (1) year prior to the offender's date of eligibility for parole or transfer. (2) Subject to conditions of release and consistent with rules promulgated by the board, placement in a transitional housing facility must be preceded by: (A) The provision of all applicable notices under § 16-93-615 ; and (B) A hearing conducted by the board.

(1) To assist an offender who will be eligible for parole, post-release supervision, or transfer to successfully reintegrate into the community, the board is authorized to place the offender into approved transitional housing up to one (1) year prior to the offender's date of eligibility for parole or transfer.

(2) Subject to conditions of release and consistent with rules promulgated by the board, placement in a transitional housing facility must be preceded by: (A) The provision of all applicable notices under § 16-93-615 ; and (B) A hearing conducted by the board.

(A) The provision of all applicable notices under § 16-93-615 ; and

(B) A hearing conducted by the board.

(c) The decision to place an offender in transitional housing and the establishment of conditions of release by the board must be based on a reasoned, rational plan developed in conjunction with an accepted risk-needs assessment tool such that each placement decision is based on: (1) Established criteria; and (2) A determination that there is a reasonable probability that an offender can be placed in a transitional housing facility without detriment to: (A) The community; or (B) The offender.

(1) Established criteria; and

(2) A determination that there is a reasonable probability that an offender can be placed in a transitional housing facility without detriment to: (A) The community; or (B) The offender.

(A) The community; or

(B) The offender.

(d) Conditions of release imposed by the board must at a minimum include a curfew requiring an offender placed in transitional housing to present himself or herself at a scheduled time to be confined in the transitional housing facility.

(e) An offender placed in transitional housing by the board will be supervised by officers of the Division of Community Correction.

(f) An offender who without permission leaves the custody of the transitional housing facility in which he or she is placed may be subject to criminal prosecution for first degree escape, § 5-54-110 , second degree escape, § 5-54-111 , and third degree escape, § 5-54-112 .

(g) Revocation of placement in transitional housing must follow the revocation proceedings established in § 16-93-705 .

Amended by Act 2023, No. 659,§ 176, eff. 1/1/2024.

Amended by Act 2023, No. 659,§ 175, eff. 1/1/2024.

Amended by Act 2019, No. 910,§ 894, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 893, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 892, eff. 7/1/2019.

Amended by Act 2015, No. 146,§ 2, eff. 7/22/2015.

Acts 2005, No. 679, § 1; 2011, No. 570, § 89.
Ark. Code Ann. § 16-105-209 — AR Code / Title 16 / Chapter 105 / Subchapter 2 / Section 16-105-209
Order of abatement
Status: in_force

(a) If, upon the trial of a cause pursuant to this subchapter, the existence of the public nuisance is established, an order of abatement shall be entered as part of the judgment or decree of the circuit court. (b) (1) The order shall direct the removal from the building or place wherein the public nuisance exists or is maintained of all means, appliances, fixtures, appurtenances, materials, supplies, and instrumentalities used for the purpose of conducting, maintaining, or carrying on the unlawful business or occupation constituting the public nuisance and shall direct the sale thereof, or such portion thereof as may be lawfully sold, upon terms as the circuit court may order, and the payment of the proceeds into the circuit court to be applied to costs or paid over to the owner, and destruction of the portion thereof, if any, as cannot be lawfully sold within this state. (2) The judgment or decree shall perpetually enjoin the defendants from engaging in, conducting, continuing, or maintaining the public nuisance, directly or indirectly, by themselves or their agents or representatives, and perpetually forbid the owner of the building from permitting or suffering the same to be done or carried on in the building or place. Acts 1915, No. 109, § 6; C. & M. Dig., § 6201; Pope's Dig., § 10923; A.S.A. 1947, § 34-106.

(a) If, upon the trial of a cause pursuant to this subchapter, the existence of the public nuisance is established, an order of abatement shall be entered as part of the judgment or decree of the circuit court.

(b) (1) The order shall direct the removal from the building or place wherein the public nuisance exists or is maintained of all means, appliances, fixtures, appurtenances, materials, supplies, and instrumentalities used for the purpose of conducting, maintaining, or carrying on the unlawful business or occupation constituting the public nuisance and shall direct the sale thereof, or such portion thereof as may be lawfully sold, upon terms as the circuit court may order, and the payment of the proceeds into the circuit court to be applied to costs or paid over to the owner, and destruction of the portion thereof, if any, as cannot be lawfully sold within this state. (2) The judgment or decree shall perpetually enjoin the defendants from engaging in, conducting, continuing, or maintaining the public nuisance, directly or indirectly, by themselves or their agents or representatives, and perpetually forbid the owner of the building from permitting or suffering the same to be done or carried on in the building or place.

(1) The order shall direct the removal from the building or place wherein the public nuisance exists or is maintained of all means, appliances, fixtures, appurtenances, materials, supplies, and instrumentalities used for the purpose of conducting, maintaining, or carrying on the unlawful business or occupation constituting the public nuisance and shall direct the sale thereof, or such portion thereof as may be lawfully sold, upon terms as the circuit court may order, and the payment of the proceeds into the circuit court to be applied to costs or paid over to the owner, and destruction of the portion thereof, if any, as cannot be lawfully sold within this state.

(2) The judgment or decree shall perpetually enjoin the defendants from engaging in, conducting, continuing, or maintaining the public nuisance, directly or indirectly, by themselves or their agents or representatives, and perpetually forbid the owner of the building from permitting or suffering the same to be done or carried on in the building or place.

Acts 1915, No. 109, § 6; C. & M. Dig., § 6201; Pope's Dig., § 10923; A.S.A. 1947, § 34-106.
Ark. Code Ann. § 16-13-709 — AR Code / Title 16 / Chapter 13 / Subchapter 7 / Section 16-13-709
Responsibility for collection
Status: in_force

(a) (1) (A) (i) The quorum court of each county of the state shall designate a county official, agency, or department which shall be primarily responsible for the collection of fines assessed in the circuit courts of this state. (ii) All fines collected each month in circuit court by the designated county official, agency, or department shall be disbursed by the fifth working day of the following month to the State Administration of Justice Fund, the county administration of justice fund, and the appropriate county fund, state entity, or state agency as provided by law. (iii) The sheriff shall remain responsible for collecting bail or money deposited in lieu of bail on behalf of defendants discharged from incarceration pursuant to law in circuit court. (B) (i) The quorum court may delegate the responsibility for the collection of delinquent fines assessed in circuit court to a private contractor. (ii) The contractor may receive, under a written contract, a commission on delinquent fines collected for circuit court. (C) (i) The commission agreed to be received by the private contractor shall be a portion of the total fine owed by a defendant. (ii) The court shall credit the defendant with the gross amount remitted to the private contractor. (iii) The private contractor shall remit the gross amounts collected to the county official, agency, or department designated under subdivision (a)(1)(A) of this section on at least a monthly basis. (iv) Payment of the commission shall be through the county claims process. (v) The county treasurer shall make a pro rata disbursement of the remaining fines to the State Administration of Justice Fund, the county administration of justice fund, and the appropriate county fund, state entity, or state agency as provided by law. (2) (A) (i) The governing body or, if applicable, each governing body of a political subdivision which contributes to the expenses of a district court shall designate a county, town, or city official, agency, or department who shall be primarily responsible for the collection of fines assessed in the district courts of this state. (ii) All fines collected each month in district court or a department of district court by the designated county, town, or city official, agency, or department shall be disbursed by the tenth working day of the following month pursuant to § 16-17-707 . (B) The chief of police of the town or city in which a district court is located shall remain responsible for collecting bail or money deposited in lieu of bail on behalf of defendants discharged from incarceration pursuant to law in district court. (C) (i) The governing body or, if applicable, each governing body of a political subdivision which contributes to the expenses of a district court may delegate the responsibility for the collection of delinquent fines assessed in district court to a private contractor. (ii) The contractor may receive under a written contract a commission on delinquent fines collected for district court. (iii) The commission agreed to be received by the private contractor shall be a portion of the total fine owed by a defendant. (iv) The court shall credit the defendant with the gross amount remitted to the private contractor. (v) The private contractor shall remit the gross amount collected to the county, town, or city official, agency, or department designated under subdivision (a)(2)(A) of this section on a monthly basis. (vi) The commission expense shall be apportioned among each governing body of a political subdivision which contributes to the expenses of a district court in proportion to the gross amount of fines collected for that political subdivision. (vii) Payment of the commission shall be according to accounting procedures prescribed by law. (viii) The remainder of fines received shall be disbursed pro rata under this section and §§ 16-10-209 , 16-10-308 , and 16-17-707 . (3) "Delinquent" means any fines assessed in the circuit courts or district courts of this state which have not been paid as ordered for a period of ninety (90) days or three (3) payments, either consecutive or concurrent, since payment was ordered or since last partial payment was received. (4) A copy of the ordinance making the designation shall be provided to the Administrative Office of the Courts. (b) (1) If a private contractor is selected to collect delinquent fines, then to ensure the integrity of the court and to protect the county, town, or city, the contractor shall register with the Secretary of State and shall file with the Secretary of State a surety bond or certificate of deposit. (2) The amount of the surety bond or certificate of deposit shall be fifty thousand dollars ($50,000). (3) The county, town, city, or any person suffering damage by reason of the acts or omissions of the contractor may bring action on the bond for damages. (4) A contractor shall be ineligible to provide such services if the owner, operator, partner, or employee has been convicted of a felony. Acts 1995, No. 1262, § 9; 1997, No. 941, § 2; 1999, No. 1081, § 10; 2001, No. 1809, § 15; 2003, No. 1185, § 95; 2003, No. 1765, § 13; 2005, No. 1934, § 8; 2007, No. 663, § 33.

(a) (1) (A) (i) The quorum court of each county of the state shall designate a county official, agency, or department which shall be primarily responsible for the collection of fines assessed in the circuit courts of this state. (ii) All fines collected each month in circuit court by the designated county official, agency, or department shall be disbursed by the fifth working day of the following month to the State Administration of Justice Fund, the county administration of justice fund, and the appropriate county fund, state entity, or state agency as provided by law. (iii) The sheriff shall remain responsible for collecting bail or money deposited in lieu of bail on behalf of defendants discharged from incarceration pursuant to law in circuit court. (B) (i) The quorum court may delegate the responsibility for the collection of delinquent fines assessed in circuit court to a private contractor. (ii) The contractor may receive, under a written contract, a commission on delinquent fines collected for circuit court. (C) (i) The commission agreed to be received by the private contractor shall be a portion of the total fine owed by a defendant. (ii) The court shall credit the defendant with the gross amount remitted to the private contractor. (iii) The private contractor shall remit the gross amounts collected to the county official, agency, or department designated under subdivision (a)(1)(A) of this section on at least a monthly basis. (iv) Payment of the commission shall be through the county claims process. (v) The county treasurer shall make a pro rata disbursement of the remaining fines to the State Administration of Justice Fund, the county administration of justice fund, and the appropriate county fund, state entity, or state agency as provided by law. (2) (A) (i) The governing body or, if applicable, each governing body of a political subdivision which contributes to the expenses of a district court shall designate a county, town, or city official, agency, or department who shall be primarily responsible for the collection of fines assessed in the district courts of this state. (ii) All fines collected each month in district court or a department of district court by the designated county, town, or city official, agency, or department shall be disbursed by the tenth working day of the following month pursuant to § 16-17-707 . (B) The chief of police of the town or city in which a district court is located shall remain responsible for collecting bail or money deposited in lieu of bail on behalf of defendants discharged from incarceration pursuant to law in district court. (C) (i) The governing body or, if applicable, each governing body of a political subdivision which contributes to the expenses of a district court may delegate the responsibility for the collection of delinquent fines assessed in district court to a private contractor. (ii) The contractor may receive under a written contract a commission on delinquent fines collected for district court. (iii) The commission agreed to be received by the private contractor shall be a portion of the total fine owed by a defendant. (iv) The court shall credit the defendant with the gross amount remitted to the private contractor. (v) The private contractor shall remit the gross amount collected to the county, town, or city official, agency, or department designated under subdivision (a)(2)(A) of this section on a monthly basis. (vi) The commission expense shall be apportioned among each governing body of a political subdivision which contributes to the expenses of a district court in proportion to the gross amount of fines collected for that political subdivision. (vii) Payment of the commission shall be according to accounting procedures prescribed by law. (viii) The remainder of fines received shall be disbursed pro rata under this section and §§ 16-10-209 , 16-10-308 , and 16-17-707 . (3) "Delinquent" means any fines assessed in the circuit courts or district courts of this state which have not been paid as ordered for a period of ninety (90) days or three (3) payments, either consecutive or concurrent, since payment was ordered or since last partial payment was received. (4) A copy of the ordinance making the designation shall be provided to the Administrative Office of the Courts.

(1) (A) (i) The quorum court of each county of the state shall designate a county official, agency, or department which shall be primarily responsible for the collection of fines assessed in the circuit courts of this state. (ii) All fines collected each month in circuit court by the designated county official, agency, or department shall be disbursed by the fifth working day of the following month to the State Administration of Justice Fund, the county administration of justice fund, and the appropriate county fund, state entity, or state agency as provided by law. (iii) The sheriff shall remain responsible for collecting bail or money deposited in lieu of bail on behalf of defendants discharged from incarceration pursuant to law in circuit court. (B) (i) The quorum court may delegate the responsibility for the collection of delinquent fines assessed in circuit court to a private contractor. (ii) The contractor may receive, under a written contract, a commission on delinquent fines collected for circuit court. (C) (i) The commission agreed to be received by the private contractor shall be a portion of the total fine owed by a defendant. (ii) The court shall credit the defendant with the gross amount remitted to the private contractor. (iii) The private contractor shall remit the gross amounts collected to the county official, agency, or department designated under subdivision (a)(1)(A) of this section on at least a monthly basis. (iv) Payment of the commission shall be through the county claims process. (v) The county treasurer shall make a pro rata disbursement of the remaining fines to the State Administration of Justice Fund, the county administration of justice fund, and the appropriate county fund, state entity, or state agency as provided by law.

(A) (i) The quorum court of each county of the state shall designate a county official, agency, or department which shall be primarily responsible for the collection of fines assessed in the circuit courts of this state. (ii) All fines collected each month in circuit court by the designated county official, agency, or department shall be disbursed by the fifth working day of the following month to the State Administration of Justice Fund, the county administration of justice fund, and the appropriate county fund, state entity, or state agency as provided by law. (iii) The sheriff shall remain responsible for collecting bail or money deposited in lieu of bail on behalf of defendants discharged from incarceration pursuant to law in circuit court.

(i) The quorum court of each county of the state shall designate a county official, agency, or department which shall be primarily responsible for the collection of fines assessed in the circuit courts of this state.

(ii) All fines collected each month in circuit court by the designated county official, agency, or department shall be disbursed by the fifth working day of the following month to the State Administration of Justice Fund, the county administration of justice fund, and the appropriate county fund, state entity, or state agency as provided by law.

(iii) The sheriff shall remain responsible for collecting bail or money deposited in lieu of bail on behalf of defendants discharged from incarceration pursuant to law in circuit court.

(B) (i) The quorum court may delegate the responsibility for the collection of delinquent fines assessed in circuit court to a private contractor. (ii) The contractor may receive, under a written contract, a commission on delinquent fines collected for circuit court.

(i) The quorum court may delegate the responsibility for the collection of delinquent fines assessed in circuit court to a private contractor.

(ii) The contractor may receive, under a written contract, a commission on delinquent fines collected for circuit court.

(C) (i) The commission agreed to be received by the private contractor shall be a portion of the total fine owed by a defendant. (ii) The court shall credit the defendant with the gross amount remitted to the private contractor. (iii) The private contractor shall remit the gross amounts collected to the county official, agency, or department designated under subdivision (a)(1)(A) of this section on at least a monthly basis. (iv) Payment of the commission shall be through the county claims process. (v) The county treasurer shall make a pro rata disbursement of the remaining fines to the State Administration of Justice Fund, the county administration of justice fund, and the appropriate county fund, state entity, or state agency as provided by law.

(i) The commission agreed to be received by the private contractor shall be a portion of the total fine owed by a defendant.

(ii) The court shall credit the defendant with the gross amount remitted to the private contractor.

(iii) The private contractor shall remit the gross amounts collected to the county official, agency, or department designated under subdivision (a)(1)(A) of this section on at least a monthly basis.

(iv) Payment of the commission shall be through the county claims process.

(v) The county treasurer shall make a pro rata disbursement of the remaining fines to the State Administration of Justice Fund, the county administration of justice fund, and the appropriate county fund, state entity, or state agency as provided by law.

(2) (A) (i) The governing body or, if applicable, each governing body of a political subdivision which contributes to the expenses of a district court shall designate a county, town, or city official, agency, or department who shall be primarily responsible for the collection of fines assessed in the district courts of this state. (ii) All fines collected each month in district court or a department of district court by the designated county, town, or city official, agency, or department shall be disbursed by the tenth working day of the following month pursuant to § 16-17-707 . (B) The chief of police of the town or city in which a district court is located shall remain responsible for collecting bail or money deposited in lieu of bail on behalf of defendants discharged from incarceration pursuant to law in district court. (C) (i) The governing body or, if applicable, each governing body of a political subdivision which contributes to the expenses of a district court may delegate the responsibility for the collection of delinquent fines assessed in district court to a private contractor. (ii) The contractor may receive under a written contract a commission on delinquent fines collected for district court. (iii) The commission agreed to be received by the private contractor shall be a portion of the total fine owed by a defendant. (iv) The court shall credit the defendant with the gross amount remitted to the private contractor. (v) The private contractor shall remit the gross amount collected to the county, town, or city official, agency, or department designated under subdivision (a)(2)(A) of this section on a monthly basis. (vi) The commission expense shall be apportioned among each governing body of a political subdivision which contributes to the expenses of a district court in proportion to the gross amount of fines collected for that political subdivision. (vii) Payment of the commission shall be according to accounting procedures prescribed by law. (viii) The remainder of fines received shall be disbursed pro rata under this section and §§ 16-10-209 , 16-10-308 , and 16-17-707 .

(A) (i) The governing body or, if applicable, each governing body of a political subdivision which contributes to the expenses of a district court shall designate a county, town, or city official, agency, or department who shall be primarily responsible for the collection of fines assessed in the district courts of this state. (ii) All fines collected each month in district court or a department of district court by the designated county, town, or city official, agency, or department shall be disbursed by the tenth working day of the following month pursuant to § 16-17-707 .

(i) The governing body or, if applicable, each governing body of a political subdivision which contributes to the expenses of a district court shall designate a county, town, or city official, agency, or department who shall be primarily responsible for the collection of fines assessed in the district courts of this state.

(ii) All fines collected each month in district court or a department of district court by the designated county, town, or city official, agency, or department shall be disbursed by the tenth working day of the following month pursuant to § 16-17-707 .

(B) The chief of police of the town or city in which a district court is located shall remain responsible for collecting bail or money deposited in lieu of bail on behalf of defendants discharged from incarceration pursuant to law in district court.

(C) (i) The governing body or, if applicable, each governing body of a political subdivision which contributes to the expenses of a district court may delegate the responsibility for the collection of delinquent fines assessed in district court to a private contractor. (ii) The contractor may receive under a written contract a commission on delinquent fines collected for district court. (iii) The commission agreed to be received by the private contractor shall be a portion of the total fine owed by a defendant. (iv) The court shall credit the defendant with the gross amount remitted to the private contractor. (v) The private contractor shall remit the gross amount collected to the county, town, or city official, agency, or department designated under subdivision (a)(2)(A) of this section on a monthly basis. (vi) The commission expense shall be apportioned among each governing body of a political subdivision which contributes to the expenses of a district court in proportion to the gross amount of fines collected for that political subdivision. (vii) Payment of the commission shall be according to accounting procedures prescribed by law. (viii) The remainder of fines received shall be disbursed pro rata under this section and §§ 16-10-209 , 16-10-308 , and 16-17-707 .

(i) The governing body or, if applicable, each governing body of a political subdivision which contributes to the expenses of a district court may delegate the responsibility for the collection of delinquent fines assessed in district court to a private contractor.

(ii) The contractor may receive under a written contract a commission on delinquent fines collected for district court.

(iii) The commission agreed to be received by the private contractor shall be a portion of the total fine owed by a defendant.

(iv) The court shall credit the defendant with the gross amount remitted to the private contractor.

(v) The private contractor shall remit the gross amount collected to the county, town, or city official, agency, or department designated under subdivision (a)(2)(A) of this section on a monthly basis.

(vi) The commission expense shall be apportioned among each governing body of a political subdivision which contributes to the expenses of a district court in proportion to the gross amount of fines collected for that political subdivision.

(vii) Payment of the commission shall be according to accounting procedures prescribed by law.

(viii) The remainder of fines received shall be disbursed pro rata under this section and §§ 16-10-209 , 16-10-308 , and 16-17-707 .

(3) "Delinquent" means any fines assessed in the circuit courts or district courts of this state which have not been paid as ordered for a period of ninety (90) days or three (3) payments, either consecutive or concurrent, since payment was ordered or since last partial payment was received.

(4) A copy of the ordinance making the designation shall be provided to the Administrative Office of the Courts.

(b) (1) If a private contractor is selected to collect delinquent fines, then to ensure the integrity of the court and to protect the county, town, or city, the contractor shall register with the Secretary of State and shall file with the Secretary of State a surety bond or certificate of deposit. (2) The amount of the surety bond or certificate of deposit shall be fifty thousand dollars ($50,000). (3) The county, town, city, or any person suffering damage by reason of the acts or omissions of the contractor may bring action on the bond for damages. (4) A contractor shall be ineligible to provide such services if the owner, operator, partner, or employee has been convicted of a felony.

(1) If a private contractor is selected to collect delinquent fines, then to ensure the integrity of the court and to protect the county, town, or city, the contractor shall register with the Secretary of State and shall file with the Secretary of State a surety bond or certificate of deposit.

(2) The amount of the surety bond or certificate of deposit shall be fifty thousand dollars ($50,000).

(3) The county, town, city, or any person suffering damage by reason of the acts or omissions of the contractor may bring action on the bond for damages.

(4) A contractor shall be ineligible to provide such services if the owner, operator, partner, or employee has been convicted of a felony.

Acts 1995, No. 1262, § 9; 1997, No. 941, § 2; 1999, No. 1081, § 10; 2001, No. 1809, § 15; 2003, No. 1185, § 95; 2003, No. 1765, § 13; 2005, No. 1934, § 8; 2007, No. 663, § 33.