Ark. Code Ann. § 16-93-209 — AR Code / Title 16 / Chapter 93 / Subchapter 2 / Section 16-93-209
[Repealed]
Status: repealed

Repealed by Act 2013, No. 320,§ 3, eff. 8/16/2013. Acts 1999, No. 1253, § 1.

Repealed by Act 2013, No. 320,§ 3, eff. 8/16/2013.

Acts 1999, No. 1253, § 1.
Ark. Code Ann. § 16-58-134 — AR Code / Title 16 / Chapter 58 / Section 16-58-134
[Repealed]
Status: repealed

Repealed by Act 2013, No. 1148,§ 22, eff. 8/16/2013. Acts 1989, No. 401, § 1.

Repealed by Act 2013, No. 1148,§ 22, eff. 8/16/2013.

Acts 1989, No. 401, § 1.
Ark. Code Ann. § 16-43-604 — AR Code / Title 16 / Chapter 43 / Subchapter 6 / Section 16-43-604
Issuance of order to testify
Status: in_force

(a) In the case of any individual who has been or may be called to testify or provide other information at any proceeding before or ancillary to a court, a grand jury, or a prosecuting attorney, the circuit court for the judicial district in which the proceeding is or may be held shall issue, in accordance with subsection (b) of this section and upon the request of the prosecuting attorney for the district, an order requiring the individual to give testimony or provide other information which he refuses to give or provide on the basis of his privilege against self-incrimination, such order to become effective as provided in this subchapter. (b) A prosecuting attorney may request an order under subsection (a) of this section when, in his judgment: (1) The testimony or other information from the individual may be necessary to the public interest; and (2) The individual has refused or is likely to refuse to testify or provide other information on the basis of his privilege against self-incrimination. Acts 1973, No. 561, § 3; A.S.A. 1947, § 28-533; Acts 1995, No. 1296, § 62.

(a) In the case of any individual who has been or may be called to testify or provide other information at any proceeding before or ancillary to a court, a grand jury, or a prosecuting attorney, the circuit court for the judicial district in which the proceeding is or may be held shall issue, in accordance with subsection (b) of this section and upon the request of the prosecuting attorney for the district, an order requiring the individual to give testimony or provide other information which he refuses to give or provide on the basis of his privilege against self-incrimination, such order to become effective as provided in this subchapter.

(b) A prosecuting attorney may request an order under subsection (a) of this section when, in his judgment: (1) The testimony or other information from the individual may be necessary to the public interest; and (2) The individual has refused or is likely to refuse to testify or provide other information on the basis of his privilege against self-incrimination.

(1) The testimony or other information from the individual may be necessary to the public interest; and

(2) The individual has refused or is likely to refuse to testify or provide other information on the basis of his privilege against self-incrimination.

Acts 1973, No. 561, § 3; A.S.A. 1947, § 28-533; Acts 1995, No. 1296, § 62.
Ark. Code Ann. § 16-56-117 — AR Code / Title 16 / Chapter 56 / Subchapter 1 / Section 16-56-117
Death of person entitled to sue or of a party
Status: in_force

(a) If any person entitled to bring any action specified in this act dies before the expiration of the time limited for the commencement of the suit, and if the cause of action survives to his or her representatives, then his or her executors or administrators may commence the suit, after the expiration of such time and within one (1) year after his or her death, but not after that period. (b) (1) If any action has been commenced within the times respectively prescribed in the provisions of this act, and the defendant in the suit dies before judgment and the right of action survives against the representatives of the defendant, the plaintiff may commence a new action against the heirs, executors, or administrators of the defendant, as the case may require, within one (1) year after the defendant's death. (2) If no executor or administrator is appointed within that time, within one (1) year after the letters testamentary or of administration have been granted. (c) (1) When an action commenced within the time prescribed by law abates by reason of the death of the plaintiff, the plaintiff's executor or administrator may commence a new action within one (1) year after the death of the plaintiff if the right of action survives to his or her representatives. (2) If any action commenced by an executor or administrator abates by the death of the plaintiff, a new action may be commenced by the administrator of the same estate at any time within one (1) year after the abatement. Rev. Stat., ch. 91, §§ 19, 22, 23; C. & M. Dig., §§ 6968, 6970, 6971; Pope's Dig., §§ 8946, 8948, 8949; A.S.A. 1947, §§ 37-219 -- 37-221.

(a) If any person entitled to bring any action specified in this act dies before the expiration of the time limited for the commencement of the suit, and if the cause of action survives to his or her representatives, then his or her executors or administrators may commence the suit, after the expiration of such time and within one (1) year after his or her death, but not after that period.

(b) (1) If any action has been commenced within the times respectively prescribed in the provisions of this act, and the defendant in the suit dies before judgment and the right of action survives against the representatives of the defendant, the plaintiff may commence a new action against the heirs, executors, or administrators of the defendant, as the case may require, within one (1) year after the defendant's death. (2) If no executor or administrator is appointed within that time, within one (1) year after the letters testamentary or of administration have been granted.

(1) If any action has been commenced within the times respectively prescribed in the provisions of this act, and the defendant in the suit dies before judgment and the right of action survives against the representatives of the defendant, the plaintiff may commence a new action against the heirs, executors, or administrators of the defendant, as the case may require, within one (1) year after the defendant's death.

(2) If no executor or administrator is appointed within that time, within one (1) year after the letters testamentary or of administration have been granted.

(c) (1) When an action commenced within the time prescribed by law abates by reason of the death of the plaintiff, the plaintiff's executor or administrator may commence a new action within one (1) year after the death of the plaintiff if the right of action survives to his or her representatives. (2) If any action commenced by an executor or administrator abates by the death of the plaintiff, a new action may be commenced by the administrator of the same estate at any time within one (1) year after the abatement.

(1) When an action commenced within the time prescribed by law abates by reason of the death of the plaintiff, the plaintiff's executor or administrator may commence a new action within one (1) year after the death of the plaintiff if the right of action survives to his or her representatives.

(2) If any action commenced by an executor or administrator abates by the death of the plaintiff, a new action may be commenced by the administrator of the same estate at any time within one (1) year after the abatement.

Rev. Stat., ch. 91, §§ 19, 22, 23; C. & M. Dig., §§ 6968, 6970, 6971; Pope's Dig., §§ 8946, 8948, 8949; A.S.A. 1947, §§ 37-219 -- 37-221.
Ark. Code Ann. § 16-120-604 — AR Code / Title 16 / Chapter 120 / Subchapter 6 / Section 16-120-604
Limit on successor asbestos-related liabilities
Status: in_force

(a) A successor is not liable for any asbestos claim when the successor's cumulative successor asbestos-related liabilities exceed the fair market value of the total gross assets of the transferor determined as of the time of the merger or consolidation. (b) If the transferor had assumed or incurred successor asbestos-related liabilities in connection with a prior merger or consolidation with a prior transferor, then the fair market value of the total assets of the prior transferor determined as of the time of the earlier merger or consolidation shall be substituted for the limitation set forth in subsection (a) of this section. (c) A successor does not have immunity under this section with respect to: (1) Workers' compensation benefits paid by or on behalf of an employer to an employee under the Workers' Compensation Law, § 11-9-101 et seq., or a comparable workers' compensation law of another jurisdiction; (2) A claim that does not constitute a successor asbestos-related liability; (3) An obligation under the National Labor Relations Act, 29 U.S.C. § 151 et seq., as it existed on January 1, 2015, or under any collective bargaining agreement; or (4) If the successor, after a merger or consolidation, continued in the business of mining asbestos or in the business of selling or distributing asbestos fibers or in the business of manufacturing, distributing, removing, or installing asbestos-containing products which were the same or substantially the same as those products previously manufactured, distributed, removed, or installed by the transferor. Added by Act 2015, No. 1241,§ 1, eff. 1/1/2020.

(a) A successor is not liable for any asbestos claim when the successor's cumulative successor asbestos-related liabilities exceed the fair market value of the total gross assets of the transferor determined as of the time of the merger or consolidation.

(b) If the transferor had assumed or incurred successor asbestos-related liabilities in connection with a prior merger or consolidation with a prior transferor, then the fair market value of the total assets of the prior transferor determined as of the time of the earlier merger or consolidation shall be substituted for the limitation set forth in subsection (a) of this section.

(c) A successor does not have immunity under this section with respect to: (1) Workers' compensation benefits paid by or on behalf of an employer to an employee under the Workers' Compensation Law, § 11-9-101 et seq., or a comparable workers' compensation law of another jurisdiction; (2) A claim that does not constitute a successor asbestos-related liability; (3) An obligation under the National Labor Relations Act, 29 U.S.C. § 151 et seq., as it existed on January 1, 2015, or under any collective bargaining agreement; or (4) If the successor, after a merger or consolidation, continued in the business of mining asbestos or in the business of selling or distributing asbestos fibers or in the business of manufacturing, distributing, removing, or installing asbestos-containing products which were the same or substantially the same as those products previously manufactured, distributed, removed, or installed by the transferor.

(1) Workers' compensation benefits paid by or on behalf of an employer to an employee under the Workers' Compensation Law, § 11-9-101 et seq., or a comparable workers' compensation law of another jurisdiction;

(2) A claim that does not constitute a successor asbestos-related liability;

(3) An obligation under the National Labor Relations Act, 29 U.S.C. § 151 et seq., as it existed on January 1, 2015, or under any collective bargaining agreement; or

(4) If the successor, after a merger or consolidation, continued in the business of mining asbestos or in the business of selling or distributing asbestos fibers or in the business of manufacturing, distributing, removing, or installing asbestos-containing products which were the same or substantially the same as those products previously manufactured, distributed, removed, or installed by the transferor.

Added by Act 2015, No. 1241,§ 1, eff. 1/1/2020.
Ark. Code Ann. § 16-110-201 — AR Code / Title 16 / Chapter 110 / Subchapter 2 / Section 16-110-201
Other procedures applicable
Status: in_force

The provisions of §§ 16-110-101 , 16-110-102 , 16-110-105 - 16-110-113 , 16-110-115 - 16-110-117 , 16-110-119 , 16-110-121 , 16-110-122 , 16-110-126 , 16-110-127 , 16-110-129 , 16-110-131 - 16-110-136 , and 16-110-139 not inconsistent with this subchapter may be applied, so far as shall be proper, to regulate the proceedings in cases of attachment against specific property. Civil Code, § 275; C. & M. Dig., § 565; Pope's Dig., § 602; A.S.A. 1947, § 31-312.

The provisions of §§ 16-110-101 , 16-110-102 , 16-110-105 - 16-110-113 , 16-110-115 - 16-110-117 , 16-110-119 , 16-110-121 , 16-110-122 , 16-110-126 , 16-110-127 , 16-110-129 , 16-110-131 - 16-110-136 , and 16-110-139 not inconsistent with this subchapter may be applied, so far as shall be proper, to regulate the proceedings in cases of attachment against specific property.

Civil Code, § 275; C. & M. Dig., § 565; Pope's Dig., § 602; A.S.A. 1947, § 31-312.
Ark. Code Ann. § 16-88-107 — AR Code / Title 16 / Chapter 88 / Subchapter 1 / Section 16-88-107
Francis River - Jurisdictional boundaries
Status: in_force

(a) The criminal jurisdiction of the State of Arkansas is extended as follows: Beginning at a point where the north boundary line of Arkansas intersects the west meander line of the St. Francis River and running east on an extension of the north boundary line to the meander line on the east bank of the river; thence south with the meander line of the river to the point where the meander line intersects the south boundary line of the State of Missouri; thence west on an extension of the south line of Missouri to the meander line on the west bank of the river; thence north with the meander line of the river to the point of beginning. (b) The State of Arkansas and her sister state, Missouri, have concurrent criminal jurisdiction over the parts of the territory lying opposite them and between the lines extending and parallel to their north and south boundaries. Acts 1911, No. 81, §§ 1, 2; C. & M. Dig., §§ 2857, 2858; Pope's Dig., §§ 3673, 3674; A.S.A. 1947, §§ 43-1403, 43-1404.

(a) The criminal jurisdiction of the State of Arkansas is extended as follows: Beginning at a point where the north boundary line of Arkansas intersects the west meander line of the St. Francis River and running east on an extension of the north boundary line to the meander line on the east bank of the river; thence south with the meander line of the river to the point where the meander line intersects the south boundary line of the State of Missouri; thence west on an extension of the south line of Missouri to the meander line on the west bank of the river; thence north with the meander line of the river to the point of beginning.

Beginning at a point where the north boundary line of Arkansas intersects the west meander line of the St. Francis River and running east on an extension of the north boundary line to the meander line on the east bank of the river; thence south with the meander line of the river to the point where the meander line intersects the south boundary line of the State of Missouri; thence west on an extension of the south line of Missouri to the meander line on the west bank of the river; thence north with the meander line of the river to the point of beginning.

(b) The State of Arkansas and her sister state, Missouri, have concurrent criminal jurisdiction over the parts of the territory lying opposite them and between the lines extending and parallel to their north and south boundaries.

Acts 1911, No. 81, §§ 1, 2; C. & M. Dig., §§ 2857, 2858; Pope's Dig., §§ 3673, 3674; A.S.A. 1947, §§ 43-1403, 43-1404.
Ark. Code Ann. § 16-91-113 — AR Code / Title 16 / Chapter 91 / Subchapter 1 / Section 16-91-113
Matters to be considered - Preserving error - Action to be taken
Status: in_force

(a) The Supreme Court need only review those matters briefed and argued by the appellant, except that where either a sentence for life imprisonment or death has been imposed the Supreme Court shall review all errors prejudicial to the rights of the appellant. (b) (1) It shall not be necessary to file a motion for new trial to obtain review of any matter urged for review on appeal. (2) If a motion for new trial is submitted to the trial court, on appeal, the appellant shall not be restricted to a consideration of matters assigned therein. (3) Formal exceptions to rulings or orders of the trial court are unnecessary; but for all purposes for which an exception has previously been necessary, it is sufficient that a party, at the time the ruling or order of the court is made or sought, makes known to the court the action which he or she desires the court to take or his or her objections to the action of the court and his or her grounds therefor. If a party has no opportunity to object to a ruling or order at the time it is made, the absence of an objection does not thereafter prejudice him or her. (c) (1) A conviction shall be reversed and a new trial ordered where the Supreme Court finds that the conviction is contrary to the Arkansas Constitution or the laws of Arkansas, or for any reason determines that the appellant did not have a fair trial. (2) Where appropriate, the Supreme Court shall reverse the conviction and order the appellant discharged. (3) In all other cases, the conviction must be affirmed, but the sentence of the appellant may be reduced if it is deemed excessive. Acts 1971, No. 333, §§ 8, 11, 12; A.S.A. 1947, §§ 43-2725 -- 43-2725.2.

(a) The Supreme Court need only review those matters briefed and argued by the appellant, except that where either a sentence for life imprisonment or death has been imposed the Supreme Court shall review all errors prejudicial to the rights of the appellant.

(b) (1) It shall not be necessary to file a motion for new trial to obtain review of any matter urged for review on appeal. (2) If a motion for new trial is submitted to the trial court, on appeal, the appellant shall not be restricted to a consideration of matters assigned therein. (3) Formal exceptions to rulings or orders of the trial court are unnecessary; but for all purposes for which an exception has previously been necessary, it is sufficient that a party, at the time the ruling or order of the court is made or sought, makes known to the court the action which he or she desires the court to take or his or her objections to the action of the court and his or her grounds therefor. If a party has no opportunity to object to a ruling or order at the time it is made, the absence of an objection does not thereafter prejudice him or her.

(1) It shall not be necessary to file a motion for new trial to obtain review of any matter urged for review on appeal.

(2) If a motion for new trial is submitted to the trial court, on appeal, the appellant shall not be restricted to a consideration of matters assigned therein.

(3) Formal exceptions to rulings or orders of the trial court are unnecessary; but for all purposes for which an exception has previously been necessary, it is sufficient that a party, at the time the ruling or order of the court is made or sought, makes known to the court the action which he or she desires the court to take or his or her objections to the action of the court and his or her grounds therefor. If a party has no opportunity to object to a ruling or order at the time it is made, the absence of an objection does not thereafter prejudice him or her.

(c) (1) A conviction shall be reversed and a new trial ordered where the Supreme Court finds that the conviction is contrary to the Arkansas Constitution or the laws of Arkansas, or for any reason determines that the appellant did not have a fair trial. (2) Where appropriate, the Supreme Court shall reverse the conviction and order the appellant discharged. (3) In all other cases, the conviction must be affirmed, but the sentence of the appellant may be reduced if it is deemed excessive.

(1) A conviction shall be reversed and a new trial ordered where the Supreme Court finds that the conviction is contrary to the Arkansas Constitution or the laws of Arkansas, or for any reason determines that the appellant did not have a fair trial.

(2) Where appropriate, the Supreme Court shall reverse the conviction and order the appellant discharged.

(3) In all other cases, the conviction must be affirmed, but the sentence of the appellant may be reduced if it is deemed excessive.

Acts 1971, No. 333, §§ 8, 11, 12; A.S.A. 1947, §§ 43-2725 -- 43-2725.2.
Ark. Code Ann. § 16-65-118 — AR Code / Title 16 / Chapter 65 / Subchapter 1 / Section 16-65-118
Liens of officers and attorneys
Status: in_force

(a) When any judgment is recovered in a court of record by or in favor of any party, all officers who in pursuance of law and attorneys who upon contract expressed or implied have rendered service for or in behalf of the party in the action or proceedings in or upon which the judgment was rendered, shall severally have liens upon and an interest in the judgment, as follows: (1) Each officer to the amount to which he or she is entitled by law as costs, fees, allowances, or otherwise for services rendered to or on behalf of the party; and (2) Each attorney to the amount to which he or she is entitled by contract or, if no amount is fixed, a reasonable compensation for his or her services rendered as set forth above for or on behalf of the party. (b) (1) Any property sold upon, in pursuance of, or to satisfy the judgment and purchased, directly or indirectly, by or on behalf of the party in whose favor the judgment was rendered, his or her heir, personal representative, or assignee, shall be deemed to be held in trust for any person holding a lien to the amount of his or her lien until the lien is discharged. (2) When the judgment is for the recovery of real or personal property, the lien shall amount to an interest in the property to the extent of the lien. Civil Code, § 426; C. & M. Dig., §§ 6304-6306; Pope's Dig., §§ 8260-8262; A.S.A. 1947, § 29-132.

(a) When any judgment is recovered in a court of record by or in favor of any party, all officers who in pursuance of law and attorneys who upon contract expressed or implied have rendered service for or in behalf of the party in the action or proceedings in or upon which the judgment was rendered, shall severally have liens upon and an interest in the judgment, as follows: (1) Each officer to the amount to which he or she is entitled by law as costs, fees, allowances, or otherwise for services rendered to or on behalf of the party; and (2) Each attorney to the amount to which he or she is entitled by contract or, if no amount is fixed, a reasonable compensation for his or her services rendered as set forth above for or on behalf of the party.

(1) Each officer to the amount to which he or she is entitled by law as costs, fees, allowances, or otherwise for services rendered to or on behalf of the party; and

(2) Each attorney to the amount to which he or she is entitled by contract or, if no amount is fixed, a reasonable compensation for his or her services rendered as set forth above for or on behalf of the party.

(b) (1) Any property sold upon, in pursuance of, or to satisfy the judgment and purchased, directly or indirectly, by or on behalf of the party in whose favor the judgment was rendered, his or her heir, personal representative, or assignee, shall be deemed to be held in trust for any person holding a lien to the amount of his or her lien until the lien is discharged. (2) When the judgment is for the recovery of real or personal property, the lien shall amount to an interest in the property to the extent of the lien.

(1) Any property sold upon, in pursuance of, or to satisfy the judgment and purchased, directly or indirectly, by or on behalf of the party in whose favor the judgment was rendered, his or her heir, personal representative, or assignee, shall be deemed to be held in trust for any person holding a lien to the amount of his or her lien until the lien is discharged.

(2) When the judgment is for the recovery of real or personal property, the lien shall amount to an interest in the property to the extent of the lien.

Civil Code, § 426; C. & M. Dig., §§ 6304-6306; Pope's Dig., §§ 8260-8262; A.S.A. 1947, § 29-132.
Ark. Code Ann. § 16-19-1104 — AR Code / Title 16 / Chapter 19 / Subchapter 11 / Section 16-19-1104
[Repealed]
Status: repealed

Repealed by Act 2021, No. 475,§ 15, eff. 7/28/2021. Acts 1873, No. 135, § 108, p. 430; C. & M. Dig., § 6524; Pope's Dig., § 8486; A.S.A. 1947, § 26-1314.

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

Acts 1873, No. 135, § 108, p. 430; C. & M. Dig., § 6524; Pope's Dig., § 8486; A.S.A. 1947, § 26-1314.
Ark. Code Ann. § 16-21-2402 — AR Code / Title 16 / Chapter 21 / Subchapter 24 / Section 16-21-2402
Reimbursement of expenses of Benton County office
Status: in_force

(a) The Quorum Court of Benton County shall furnish the Prosecuting Attorney of the Nineteenth Judicial District and his Benton County staff adequate office space in the Benton County Courthouse or, in lieu thereof, appropriate funds for the rental of office facilities and all expenses associated therewith. (b) The Benton County Quorum Court shall appropriate adequate funds for reimbursing the prosecuting attorney for the actual expenses of the Benton County office, including, but not limited to, telephone, telegraph, postage, printing, office supplies and equipment, stationery, traveling expenses, and such other expenses which the quorum court may deem a proper expense of the prosecutor's office. Acts 1983, No. 386, § 6; A.S.A. 1947, § 24-114.14.

(a) The Quorum Court of Benton County shall furnish the Prosecuting Attorney of the Nineteenth Judicial District and his Benton County staff adequate office space in the Benton County Courthouse or, in lieu thereof, appropriate funds for the rental of office facilities and all expenses associated therewith.

(b) The Benton County Quorum Court shall appropriate adequate funds for reimbursing the prosecuting attorney for the actual expenses of the Benton County office, including, but not limited to, telephone, telegraph, postage, printing, office supplies and equipment, stationery, traveling expenses, and such other expenses which the quorum court may deem a proper expense of the prosecutor's office.

Acts 1983, No. 386, § 6; A.S.A. 1947, § 24-114.14.
Ark. Code Ann. § 16-115-108 — AR Code / Title 16 / Chapter 115 / Section 16-115-108
Interlocutory orders
Status: in_force

During the pendency of any proceeding upon a petition for a writ of mandamus or writ of prohibition, the court having jurisdiction, or the judge in vacation, may make such temporary orders as appear expedient and proper to prevent injury, waste, or damage of whatsoever kind. Acts 1939, No. 54, § 9; A.S.A. 1947, § 33-109.

During the pendency of any proceeding upon a petition for a writ of mandamus or writ of prohibition, the court having jurisdiction, or the judge in vacation, may make such temporary orders as appear expedient and proper to prevent injury, waste, or damage of whatsoever kind.

Acts 1939, No. 54, § 9; A.S.A. 1947, § 33-109.
Ark. Code Ann. § 16-13-1415 — AR Code / Title 16 / Chapter 13 / Subchapter 14 / Section 16-13-1415
Pulaski County - Proceedings generally
Status: in_force

(a) All writs and processes returnable to the Pulaski County Circuit Court shall be issued and returned as the law provides. (b) All appeals to circuit court in civil and criminal cases shall be taken in the time and manner provided by Rule 9 of the District Court Rules. (c) All criminal appeals shall stand for trial ten (10) days after being docketed. Acts 1913, No. 64, §§ 4-6; A.S.A. 1947, §§ 22-326.7 -- 22-326.9; Acts 2003, No. 1185, § 98.

(a) All writs and processes returnable to the Pulaski County Circuit Court shall be issued and returned as the law provides.

(b) All appeals to circuit court in civil and criminal cases shall be taken in the time and manner provided by Rule 9 of the District Court Rules.

(c) All criminal appeals shall stand for trial ten (10) days after being docketed.

Acts 1913, No. 64, §§ 4-6; A.S.A. 1947, §§ 22-326.7 -- 22-326.9; Acts 2003, No. 1185, § 98.
Ark. Code Ann. § 16-105-401 — AR Code / Title 16 / Chapter 105 / Subchapter 4 / Section 16-105-401
Title
Status: in_force

This subchapter shall be called the "Arkansas Drug Abatement Act of 1989". Acts 1989, No. 556, § 1.

This subchapter shall be called the "Arkansas Drug Abatement Act of 1989".

Acts 1989, No. 556, § 1.
Ark. Code Ann. § 16-93-1602 — AR Code / Title 16 / Chapter 93 / Subchapter 16 / Section 16-93-1602
Definitions
Status: in_force

As used in this subchapter: (1) "Applicant" means any individual, business, or organization that has applied to receive an Arkansas transitional housing facility license; (2) "License" means an Arkansas transitional housing facility license; and (3) (A) "Transitional housing" means a program that provides housing for one (1) or more offenders who either have been transferred or paroled from the Division of Correction by the Post-Prison Transfer Board or placed on probation by a circuit court or district court. (B) An offender's home or the residence of an offender's family member shall not be considered a transitional housing facility as used in this subchapter. Amended by Act 2023, No. 659,§ 232, eff. 1/1/2024. Amended by Act 2019, No. 910,§ 946, eff. 7/1/2019. Acts 2005, No. 1378, § 2.

As used in this subchapter:

(1) "Applicant" means any individual, business, or organization that has applied to receive an Arkansas transitional housing facility license;

(2) "License" means an Arkansas transitional housing facility license; and

(3) (A) "Transitional housing" means a program that provides housing for one (1) or more offenders who either have been transferred or paroled from the Division of Correction by the Post-Prison Transfer Board or placed on probation by a circuit court or district court. (B) An offender's home or the residence of an offender's family member shall not be considered a transitional housing facility as used in this subchapter.

(A) "Transitional housing" means a program that provides housing for one (1) or more offenders who either have been transferred or paroled from the Division of Correction by the Post-Prison Transfer Board or placed on probation by a circuit court or district court.

(B) An offender's home or the residence of an offender's family member shall not be considered a transitional housing facility as used in this subchapter.

Amended by Act 2023, No. 659,§ 232, eff. 1/1/2024.

Amended by Act 2019, No. 910,§ 946, eff. 7/1/2019.

Acts 2005, No. 1378, § 2.
Ark. Code Ann. § 16-66-221 — AR Code / Title 16 / Chapter 66 / Subchapter 2 / Section 16-66-221
Schedule of property - Filing
Status: in_force

(a) Whenever any final judgment order of a court of record is entered against a judgment debtor, the judgment debtor shall prepare a schedule, verified by affidavit, of all the judgment debtor's property, both real and personal, including moneys, bank accounts, rights, credits, and choses in action held by the judgment debtor or others for the judgment debtor and specify the particular property which the judgment debtor claims as exempt under the provisions of the law. (b) The schedule shall be filed with the clerk of the court in which the final judgment order was rendered within forty-five (45) days of entry of the final judgment order. (c) (1) All final judgment orders of a court of record in this state shall include a provision requiring the judgment debtor to comply with the requirements of this section. (2) However, the absence of the provision from a final judgment shall not invalidate the judgment. Amended by Act 2023, No. 740,§ 1, eff. 8/1/2023. Acts 1991, No. 610, §§ 1, 2; 1993, No. 120, § 1.

(a) Whenever any final judgment order of a court of record is entered against a judgment debtor, the judgment debtor shall prepare a schedule, verified by affidavit, of all the judgment debtor's property, both real and personal, including moneys, bank accounts, rights, credits, and choses in action held by the judgment debtor or others for the judgment debtor and specify the particular property which the judgment debtor claims as exempt under the provisions of the law.

(b) The schedule shall be filed with the clerk of the court in which the final judgment order was rendered within forty-five (45) days of entry of the final judgment order.

(c) (1) All final judgment orders of a court of record in this state shall include a provision requiring the judgment debtor to comply with the requirements of this section. (2) However, the absence of the provision from a final judgment shall not invalidate the judgment.

(1) All final judgment orders of a court of record in this state shall include a provision requiring the judgment debtor to comply with the requirements of this section.

(2) However, the absence of the provision from a final judgment shall not invalidate the judgment.

Amended by Act 2023, No. 740,§ 1, eff. 8/1/2023.

Acts 1991, No. 610, §§ 1, 2; 1993, No. 120, § 1.
Ark. Code Ann. § 16-68-507 — AR Code / Title 16 / Chapter 68 / Subchapter 5 / Section 16-68-507
Suits by state - Payment of officer's fees
Status: in_force

Whenever any civil suit is or has been prosecuted by the state and for the state's own benefit, the clerks, sheriffs, and other officers shall be entitled to the same fees as in other civil cases between private persons. Whenever the state becomes liable to pay any such costs, it shall be the duty of the Auditor of State upon presentation of the certificate of the Attorney General that the costs have accrued and that the state is liable therefor and the amount claimed is just, to draw his or her warrant on the Treasurer of State for the amount so certified to be due, which shall be paid by the Treasurer of State. Acts 1850, § 3, p. 45; C. & M. Dig., § 1842; Pope's Dig., § 2361; A.S.A. 1947, § 27-2333.

Whenever any civil suit is or has been prosecuted by the state and for the state's own benefit, the clerks, sheriffs, and other officers shall be entitled to the same fees as in other civil cases between private persons. Whenever the state becomes liable to pay any such costs, it shall be the duty of the Auditor of State upon presentation of the certificate of the Attorney General that the costs have accrued and that the state is liable therefor and the amount claimed is just, to draw his or her warrant on the Treasurer of State for the amount so certified to be due, which shall be paid by the Treasurer of State.

Acts 1850, § 3, p. 45; C. & M. Dig., § 1842; Pope's Dig., § 2361; A.S.A. 1947, § 27-2333.
Ark. Code Ann. § 16-110-131 — AR Code / Title 16 / Chapter 110 / Subchapter 1 / Section 16-110-131
Judgment for defendant
Status: in_force

(a) If judgment is rendered in the action for the defendant, the attachment shall be discharged, and the property attached or its proceeds shall be returned to him or her. (b) In all actions of attachment in which the defendant shall recover for the discharge of the attachment, the court or jury trying the attachment shall assess the damages sustained by the defendant by reason of the attachment, and the court shall render judgment against the plaintiff and his or her sureties in the attachment bond for the amount of the damages and cost of the attachment. Civil Code, § 249; Acts 1875 (Adj. Sess.), No. 6, § 1, p. 7; C. & M. Dig., §§ 533, 534; Pope's Dig., §§ 570, 571; A.S.A. 1947, §§ 31-151, 31-152.

(a) If judgment is rendered in the action for the defendant, the attachment shall be discharged, and the property attached or its proceeds shall be returned to him or her.

(b) In all actions of attachment in which the defendant shall recover for the discharge of the attachment, the court or jury trying the attachment shall assess the damages sustained by the defendant by reason of the attachment, and the court shall render judgment against the plaintiff and his or her sureties in the attachment bond for the amount of the damages and cost of the attachment.

Civil Code, § 249; Acts 1875 (Adj. Sess.), No. 6, § 1, p. 7; C. & M. Dig., §§ 533, 534; Pope's Dig., §§ 570, 571; A.S.A. 1947, §§ 31-151, 31-152.
Ark. Code Ann. § 16-21-2203 — AR Code / Title 16 / Chapter 21 / Subchapter 22 / Section 16-21-2203
Expense allowance - Seventeenth Judicial District-East
Status: in_force

(a) The office of the Prosecuting Attorney of the Seventeenth Judicial District shall receive a contingent expense reimbursement of two thousand four hundred dollars ($2,400) per annum to be borne by the respective counties of the Seventeenth Judicial District as follows: (1) White County ............... $1,400 (2) Prairie County ............... 1,000 (b) The counties shall pay the authorized annual amounts in equal quarterly installments from the county general fund of the respective counties, and the checks shall be made payable to the office of the Prosecuting Attorney of the Seventeenth Judicial District. Disbursements shall be made by the prosecuting attorney for the necessary expenses of the office based upon adequate documentation. (c) The prosecuting attorney or his or her deputies may also be allowed additional expenses upon appropriation of the quorum court and approval of the county judge. (d) The prosecuting attorney shall be entitled to the following assistants and employees: (1) One (1) chief deputy prosecuting attorney, whose salary shall be not less than forty-five thousand one hundred twenty-eight dollars ($45,128) per annum. The salary is to be paid in accordance with the pay periods and payroll policy for county employees of White County. In addition to the salary, Social Security, matching retirement, insurance, and all related salary expenses shall be paid by White County; (2) One (1) deputy prosecuting attorney for White County, whose salary shall be not less than thirty-five thousand eighteen dollars ($35,018) per annum. The salary is to be paid in accordance with the pay periods and payroll policy for county employees of White County. In addition to the salary, Social Security, matching retirement, insurance, and all related salary expenses shall be paid by White County; (3) One (1) deputy prosecuting attorney for White County, whose salary shall be not less than thirty-one thousand one hundred dollars ($31,100) per annum. The salary is to be paid in accordance with the pay periods and payroll policy for county employees of White County. In addition to the salary, Social Security, matching retirement, insurance, and all related salary expenses shall be paid by White County; (4) (A) One (1) deputy prosecuting attorney for Prairie County, whose salary shall be not less than thirty-three thousand three hundred forty-two dollars ($33,342) per annum. The salary is to be paid in accordance with the pay periods and payroll policy for county employees of Prairie County. In addition to the salary, Social Security, matching retirement, insurance, and all related salary expenses shall be paid by Prairie County. (B) The deputy prosecuting attorney for Prairie County shall be entitled to actual operating expenses of not less than thirteen thousand six hundred forty-six dollars ($13,646) to cover the cost of telephone, printing, supplies, equipment, janitorial services, cleaning supplies, food, service contracts, accounting, postage, photocopies, travel, training, utilities, rent, juror and witness fees, and such other expenses which, within the discretion of the prosecuting attorney, may be proper expenses of the office in connection with the investigation and prosecution of criminal activity within the district, to be paid by Prairie County; (5) One (1) victim/witness coordinator and office manager, whose salary shall be not less than twenty-three thousand two hundred ninety-two dollars ($23,292). The salary is to be paid in accordance with the pay periods and payroll policy of White County. In addition to the salary, Social Security, matching retirement, insurance, and all related salary expenses shall be paid by White County; (6) One (1) victim/witness clerk, whose salary shall be not less than eighteen thousand seven hundred forty-four dollars ($18,744). The salary is to be paid in accordance with the pay periods and payroll policy of White County. In addition to the salary, Social Security, matching retirement, insurance, and all related salary expenses shall be paid by White County; (7) One (1) receptionist and municipal intake clerk, whose salary shall be not less than eighteen thousand seven hundred forty-four dollars ($18,744) per annum. The salary is to be paid in accordance with the pay periods and payroll policy of White County. In addition to the salary, Social Security, matching retirement, insurance, and all related salary expenses shall be paid by White County; (8) One (1) hot check clerk, whose salary shall be not less than seventeen thousand five hundred dollars ($17,500) per annum. The salary is to be paid in accordance with the pay periods and payroll policy of White County. In addition to the salary, Social Security, matching retirement, insurance, and all related salary expenses shall be paid by White County; and (9) One (1) clerk, whose salary shall be not less than twelve thousand six hundred dollars ($12,600) per annum. The salary shall be paid in accordance with the pay periods and payroll policy of Prairie County. In addition to the salary, Social Security, matching retirement, insurance, and all related salary expenses shall be paid by Prairie County. (e) (1) The quorum courts of the respective counties of the Seventeenth Judicial District shall annually appropriate out of the funds sufficient amounts to cover the salaries and expenses provided for in this section. (2) The salaries and expenses provided for in this section are minimum provisions only, and the quorum courts of the respective counties may appropriate any additional funds they deem necessary for the efficient operation of the office of the prosecuting attorney. (f) A deputy prosecuting attorney who is duly appointed in any county of the Seventeenth Judicial District shall have the authority to perform all official acts as deputy prosecuting attorney in all counties within the district. Acts 1995, No. 886, §§ 1-3; 1997, No. 988, § 1; 1999, No. 1001, § 1.

(a) The office of the Prosecuting Attorney of the Seventeenth Judicial District shall receive a contingent expense reimbursement of two thousand four hundred dollars ($2,400) per annum to be borne by the respective counties of the Seventeenth Judicial District as follows: (1) White County ............... $1,400 (2) Prairie County ............... 1,000

(1) White County ............... $1,400

(2) Prairie County ............... 1,000

(b) The counties shall pay the authorized annual amounts in equal quarterly installments from the county general fund of the respective counties, and the checks shall be made payable to the office of the Prosecuting Attorney of the Seventeenth Judicial District. Disbursements shall be made by the prosecuting attorney for the necessary expenses of the office based upon adequate documentation.

(c) The prosecuting attorney or his or her deputies may also be allowed additional expenses upon appropriation of the quorum court and approval of the county judge.

(d) The prosecuting attorney shall be entitled to the following assistants and employees: (1) One (1) chief deputy prosecuting attorney, whose salary shall be not less than forty-five thousand one hundred twenty-eight dollars ($45,128) per annum. The salary is to be paid in accordance with the pay periods and payroll policy for county employees of White County. In addition to the salary, Social Security, matching retirement, insurance, and all related salary expenses shall be paid by White County; (2) One (1) deputy prosecuting attorney for White County, whose salary shall be not less than thirty-five thousand eighteen dollars ($35,018) per annum. The salary is to be paid in accordance with the pay periods and payroll policy for county employees of White County. In addition to the salary, Social Security, matching retirement, insurance, and all related salary expenses shall be paid by White County; (3) One (1) deputy prosecuting attorney for White County, whose salary shall be not less than thirty-one thousand one hundred dollars ($31,100) per annum. The salary is to be paid in accordance with the pay periods and payroll policy for county employees of White County. In addition to the salary, Social Security, matching retirement, insurance, and all related salary expenses shall be paid by White County; (4) (A) One (1) deputy prosecuting attorney for Prairie County, whose salary shall be not less than thirty-three thousand three hundred forty-two dollars ($33,342) per annum. The salary is to be paid in accordance with the pay periods and payroll policy for county employees of Prairie County. In addition to the salary, Social Security, matching retirement, insurance, and all related salary expenses shall be paid by Prairie County. (B) The deputy prosecuting attorney for Prairie County shall be entitled to actual operating expenses of not less than thirteen thousand six hundred forty-six dollars ($13,646) to cover the cost of telephone, printing, supplies, equipment, janitorial services, cleaning supplies, food, service contracts, accounting, postage, photocopies, travel, training, utilities, rent, juror and witness fees, and such other expenses which, within the discretion of the prosecuting attorney, may be proper expenses of the office in connection with the investigation and prosecution of criminal activity within the district, to be paid by Prairie County; (5) One (1) victim/witness coordinator and office manager, whose salary shall be not less than twenty-three thousand two hundred ninety-two dollars ($23,292). The salary is to be paid in accordance with the pay periods and payroll policy of White County. In addition to the salary, Social Security, matching retirement, insurance, and all related salary expenses shall be paid by White County; (6) One (1) victim/witness clerk, whose salary shall be not less than eighteen thousand seven hundred forty-four dollars ($18,744). The salary is to be paid in accordance with the pay periods and payroll policy of White County. In addition to the salary, Social Security, matching retirement, insurance, and all related salary expenses shall be paid by White County; (7) One (1) receptionist and municipal intake clerk, whose salary shall be not less than eighteen thousand seven hundred forty-four dollars ($18,744) per annum. The salary is to be paid in accordance with the pay periods and payroll policy of White County. In addition to the salary, Social Security, matching retirement, insurance, and all related salary expenses shall be paid by White County; (8) One (1) hot check clerk, whose salary shall be not less than seventeen thousand five hundred dollars ($17,500) per annum. The salary is to be paid in accordance with the pay periods and payroll policy of White County. In addition to the salary, Social Security, matching retirement, insurance, and all related salary expenses shall be paid by White County; and (9) One (1) clerk, whose salary shall be not less than twelve thousand six hundred dollars ($12,600) per annum. The salary shall be paid in accordance with the pay periods and payroll policy of Prairie County. In addition to the salary, Social Security, matching retirement, insurance, and all related salary expenses shall be paid by Prairie County.

(1) One (1) chief deputy prosecuting attorney, whose salary shall be not less than forty-five thousand one hundred twenty-eight dollars ($45,128) per annum. The salary is to be paid in accordance with the pay periods and payroll policy for county employees of White County. In addition to the salary, Social Security, matching retirement, insurance, and all related salary expenses shall be paid by White County;

(2) One (1) deputy prosecuting attorney for White County, whose salary shall be not less than thirty-five thousand eighteen dollars ($35,018) per annum. The salary is to be paid in accordance with the pay periods and payroll policy for county employees of White County. In addition to the salary, Social Security, matching retirement, insurance, and all related salary expenses shall be paid by White County;

(3) One (1) deputy prosecuting attorney for White County, whose salary shall be not less than thirty-one thousand one hundred dollars ($31,100) per annum. The salary is to be paid in accordance with the pay periods and payroll policy for county employees of White County. In addition to the salary, Social Security, matching retirement, insurance, and all related salary expenses shall be paid by White County;

(4) (A) One (1) deputy prosecuting attorney for Prairie County, whose salary shall be not less than thirty-three thousand three hundred forty-two dollars ($33,342) per annum. The salary is to be paid in accordance with the pay periods and payroll policy for county employees of Prairie County. In addition to the salary, Social Security, matching retirement, insurance, and all related salary expenses shall be paid by Prairie County. (B) The deputy prosecuting attorney for Prairie County shall be entitled to actual operating expenses of not less than thirteen thousand six hundred forty-six dollars ($13,646) to cover the cost of telephone, printing, supplies, equipment, janitorial services, cleaning supplies, food, service contracts, accounting, postage, photocopies, travel, training, utilities, rent, juror and witness fees, and such other expenses which, within the discretion of the prosecuting attorney, may be proper expenses of the office in connection with the investigation and prosecution of criminal activity within the district, to be paid by Prairie County;

(A) One (1) deputy prosecuting attorney for Prairie County, whose salary shall be not less than thirty-three thousand three hundred forty-two dollars ($33,342) per annum. The salary is to be paid in accordance with the pay periods and payroll policy for county employees of Prairie County. In addition to the salary, Social Security, matching retirement, insurance, and all related salary expenses shall be paid by Prairie County.

(B) The deputy prosecuting attorney for Prairie County shall be entitled to actual operating expenses of not less than thirteen thousand six hundred forty-six dollars ($13,646) to cover the cost of telephone, printing, supplies, equipment, janitorial services, cleaning supplies, food, service contracts, accounting, postage, photocopies, travel, training, utilities, rent, juror and witness fees, and such other expenses which, within the discretion of the prosecuting attorney, may be proper expenses of the office in connection with the investigation and prosecution of criminal activity within the district, to be paid by Prairie County;

(5) One (1) victim/witness coordinator and office manager, whose salary shall be not less than twenty-three thousand two hundred ninety-two dollars ($23,292). The salary is to be paid in accordance with the pay periods and payroll policy of White County. In addition to the salary, Social Security, matching retirement, insurance, and all related salary expenses shall be paid by White County;

(6) One (1) victim/witness clerk, whose salary shall be not less than eighteen thousand seven hundred forty-four dollars ($18,744). The salary is to be paid in accordance with the pay periods and payroll policy of White County. In addition to the salary, Social Security, matching retirement, insurance, and all related salary expenses shall be paid by White County;

(7) One (1) receptionist and municipal intake clerk, whose salary shall be not less than eighteen thousand seven hundred forty-four dollars ($18,744) per annum. The salary is to be paid in accordance with the pay periods and payroll policy of White County. In addition to the salary, Social Security, matching retirement, insurance, and all related salary expenses shall be paid by White County;

(8) One (1) hot check clerk, whose salary shall be not less than seventeen thousand five hundred dollars ($17,500) per annum. The salary is to be paid in accordance with the pay periods and payroll policy of White County. In addition to the salary, Social Security, matching retirement, insurance, and all related salary expenses shall be paid by White County; and

(9) One (1) clerk, whose salary shall be not less than twelve thousand six hundred dollars ($12,600) per annum. The salary shall be paid in accordance with the pay periods and payroll policy of Prairie County. In addition to the salary, Social Security, matching retirement, insurance, and all related salary expenses shall be paid by Prairie County.

(e) (1) The quorum courts of the respective counties of the Seventeenth Judicial District shall annually appropriate out of the funds sufficient amounts to cover the salaries and expenses provided for in this section. (2) The salaries and expenses provided for in this section are minimum provisions only, and the quorum courts of the respective counties may appropriate any additional funds they deem necessary for the efficient operation of the office of the prosecuting attorney.

(1) The quorum courts of the respective counties of the Seventeenth Judicial District shall annually appropriate out of the funds sufficient amounts to cover the salaries and expenses provided for in this section.

(2) The salaries and expenses provided for in this section are minimum provisions only, and the quorum courts of the respective counties may appropriate any additional funds they deem necessary for the efficient operation of the office of the prosecuting attorney.

(f) A deputy prosecuting attorney who is duly appointed in any county of the Seventeenth Judicial District shall have the authority to perform all official acts as deputy prosecuting attorney in all counties within the district.

Acts 1995, No. 886, §§ 1-3; 1997, No. 988, § 1; 1999, No. 1001, § 1.
Ark. Code Ann. § 16-113-404 — AR Code / Title 16 / Chapter 113 / Subchapter 4 / Section 16-113-404
Order upon hearing
Status: in_force

After hearing the motion, the court or judge shall overrule the motion, or dissolve or modify the injunction, according to the right of the case. Civil Code, § 318; C. & M. Dig., § 5813; Pope's Dig., § 7529; A.S.A. 1947, § 32-305.

After hearing the motion, the court or judge shall overrule the motion, or dissolve or modify the injunction, according to the right of the case.

Civil Code, § 318; C. & M. Dig., § 5813; Pope's Dig., § 7529; A.S.A. 1947, § 32-305.
Ark. Code Ann. § 16-105-204 — AR Code / Title 16 / Chapter 105 / Subchapter 2 / Section 16-105-204
Public nuisance created by certain unlawful acts and materials
Status: in_force

(a) The conducting, maintaining, carrying on, or engaging in the sale of alcoholic liquors, including wines and beer of all kinds, in violation of any of the laws of this state, in any building, structure, or place within this state, and the conducting, maintaining, carrying on, or engaging in the operation of any so-called roadhouses or other similar places of entertainment, of any so-called tourist camp, of any public dance hall or place, or of any nudist camp or club or building or place used to practice nudism, in violation of any of the laws of this state, and all means, appliances, fixtures, appurtenances, materials, and supplies used for the purpose of conducting, maintaining, or carrying on of either of such unlawful or unlawfully operated businesses or occupations or practices or places of business or occupation or practice, are declared to be public nuisances and may be abated under the provisions of this subchapter. (b) Any person, persons, association, partnership, firm, or corporation conducting, maintaining, carrying on, or engaging in any of the businesses or occupations or practices or undertakings pursuant to subsection (a) of this section that shall suffer or permit violations of any of the laws of this state in, upon, or about the premises operated or maintained by him, her, them, or it shall be deemed and held to be conducting, maintaining, carrying on, and engaging in the business, occupation, practice, or undertaking in violation of the laws of this state. Acts 1915, No. 109, § 1; C. & M. Dig., § 6196; Acts 1937, No. 331, § 1; Pope's Dig., § 10918; Acts 1957, No. 188, § 1; A.S.A. 1947, § 34-101.

(a) The conducting, maintaining, carrying on, or engaging in the sale of alcoholic liquors, including wines and beer of all kinds, in violation of any of the laws of this state, in any building, structure, or place within this state, and the conducting, maintaining, carrying on, or engaging in the operation of any so-called roadhouses or other similar places of entertainment, of any so-called tourist camp, of any public dance hall or place, or of any nudist camp or club or building or place used to practice nudism, in violation of any of the laws of this state, and all means, appliances, fixtures, appurtenances, materials, and supplies used for the purpose of conducting, maintaining, or carrying on of either of such unlawful or unlawfully operated businesses or occupations or practices or places of business or occupation or practice, are declared to be public nuisances and may be abated under the provisions of this subchapter.

(b) Any person, persons, association, partnership, firm, or corporation conducting, maintaining, carrying on, or engaging in any of the businesses or occupations or practices or undertakings pursuant to subsection (a) of this section that shall suffer or permit violations of any of the laws of this state in, upon, or about the premises operated or maintained by him, her, them, or it shall be deemed and held to be conducting, maintaining, carrying on, and engaging in the business, occupation, practice, or undertaking in violation of the laws of this state.

Acts 1915, No. 109, § 1; C. & M. Dig., § 6196; Acts 1937, No. 331, § 1; Pope's Dig., § 10918; Acts 1957, No. 188, § 1; A.S.A. 1947, § 34-101.
Ark. Code Ann. § 16-95-106 — AR Code / Title 16 / Chapter 95 / Section 16-95-106
Surrender of inmates
Status: in_force

It shall be lawful and mandatory upon the superintendent or other official in charge of a penal or correctional institution in this state to give over the person of any inmate thereof whenever so required by the operation of the Agreement on Detainers. Acts 1971, No. 705, § 6; A.S.A. 1947, § 43-3206.

It shall be lawful and mandatory upon the superintendent or other official in charge of a penal or correctional institution in this state to give over the person of any inmate thereof whenever so required by the operation of the Agreement on Detainers.

Acts 1971, No. 705, § 6; A.S.A. 1947, § 43-3206.
Ark. Code Ann. § 16-17-212 — AR Code / Title 16 / Chapter 17 / Subchapter 2 / Section 16-17-212
Fees and costs generally
Status: in_force

(a) The only fees and costs that shall be allowed in civil and criminal suits, prosecutions, and proceedings in district court are those specifically authorized by statute. (b) Nothing in this section or subchapter shall be construed as authorizing the collection by the prosecuting attorney or his or her deputies, the clerks of the district court, or the sheriff and constable or their deputies, of any costs or fees from the county in the trial of misdemeanors. (c) Constables and deputies shall be allowed only those fees and costs specifically authorized by statute. Acts 1927, No. 60, § 6; Pope's Dig., § 9902; A.S.A. 1947, § 22-706; Acts 1991, No. 904, § 18; 2003, No. 1185, § 125.

(a) The only fees and costs that shall be allowed in civil and criminal suits, prosecutions, and proceedings in district court are those specifically authorized by statute.

(b) Nothing in this section or subchapter shall be construed as authorizing the collection by the prosecuting attorney or his or her deputies, the clerks of the district court, or the sheriff and constable or their deputies, of any costs or fees from the county in the trial of misdemeanors.

(c) Constables and deputies shall be allowed only those fees and costs specifically authorized by statute.

Acts 1927, No. 60, § 6; Pope's Dig., § 9902; A.S.A. 1947, § 22-706; Acts 1991, No. 904, § 18; 2003, No. 1185, § 125.
Ark. Code Ann. § 16-55-117 — AR Code / Title 16 / Chapter 55 / Subchapter 1 / Section 16-55-117
Notice - Duty of officer serving
Status: in_force

(a) It shall be the duty of the sheriff and of every constable to whom any notice in an action may be delivered for service within his or her county to serve and return the notice to the party who delivered it to him or her. (b) A failure to perform this duty may be punished as a disobedience of the process of the court. Civil Code, § 715; C. & M. Dig., § 1336; Pope's Dig., § 1561; A.S.A. 1947, § 27-1211.

(a) It shall be the duty of the sheriff and of every constable to whom any notice in an action may be delivered for service within his or her county to serve and return the notice to the party who delivered it to him or her.

(b) A failure to perform this duty may be punished as a disobedience of the process of the court.

Civil Code, § 715; C. & M. Dig., § 1336; Pope's Dig., § 1561; A.S.A. 1947, § 27-1211.
Ark. Code Ann. § 16-90-502 — AR Code / Title 16 / Chapter 90 / Subchapter 5 / Section 16-90-502
Conduct of execution - Definitions
Status: in_force

(a) As used in this section: (1) "Adult" means a person who is eighteen (18) years of age or older; (2) "Close relative of the victim" means any of the following persons in relation to the victim for whose death a person is sentenced to death: (A) The spouse of the victim at the time of the victim's death; (B) A parent or stepparent of the victim; (C) An adult sibling, adult child, or adult stepchild of the victim; or (D) Any other adult relative with a close relationship to the victim; and (3) "Surviving innocent victim" means any adult person innocently present during the commission of the capital offense committed by the person sentenced to death who sustains an injury, either physical or emotional, and that results in a separate conviction for a lesser offense that arises out of the same course of conduct. (b) An execution for a sentence of death shall be conducted by the Director of the Department of Correction or some assistant or assistants designated by him or her. (c) The sentence of death shall be carried out in the manner prescribed under § 5-4-617 in every case. (d) Unless a suspension of execution is ordered, the director or the assistants appointed by him or her shall proceed at the time named in the sentence to cause the death of the person sentenced to death in the manner prescribed under § 5-4-617 . (e) (1) An execution of a person convicted in this state of a capital offense and sentenced to death shall be private. However, the following persons shall be present: (A) The director or an assistant designated by the director; (B) The Department of Correction official in charge of medical services or his or her designee; (C) No more than six (6) of the following persons related to a victim of the crime for which the person is being executed if he or she chooses to be present: (i) A spouse; (ii) Any parent or stepparent; (iii) Any adult sibling or stepsibling; and (iv) Any adult child or stepchild; (D) A number of citizens determined by the director, not fewer than six (6) nor more than twelve (12), whose presence is necessary to verify that the execution was conducted in the manner required by law; (E) Counsel for the person being executed if he or she chooses to be present; and (F) The spiritual adviser to the person being executed if he or she chooses to be present. (2) The director may prohibit a person who otherwise would be eligible to witness or view an execution under this subsection if he or she determines the person to be a security risk. (3) Other persons designated by the director may be present at the execution. (4) The maximum number of close relatives of the victim either witnessing the execution as a person designated under subdivision (e)(1)(C) of this section or as a person viewing the execution through a closed-circuit audiovisual monitor under subdivision (e)(5) of this section shall not exceed eighteen (18). (5) (A) A closed-circuit audiovisual monitor dedicated to viewing a live broadcast of the execution shall be placed in a location chosen by the director for the benefit of any close relative of the victim or any surviving innocent victim who desires to view the execution and who is not witnessing the execution as allowed under subdivision (e)(1)(C) of this section. (B) The number of viewers shall not exceed eighteen (18) per execution. (C) An audio or video recording shall not be made of the execution. Amended by Act 2015, No. 99,§ 1, eff. 7/22/2015. Acts 1887, No. 24, §§ 1, 2, p. 29; 1901, No. 58, § 1, p. 105; 1905, No. 295, § 1, p. 723; 1913, No. 55, §§ 2, 4; C. & M. Dig., §§ 3254-3256; Pope's Dig., §§ 4099-4101; A.S.A. 1947, §§ 43-2611 -- 43-2615; Acts 1997, No. 263, § 1; 1999, No. 78, § 1.

(a) As used in this section: (1) "Adult" means a person who is eighteen (18) years of age or older; (2) "Close relative of the victim" means any of the following persons in relation to the victim for whose death a person is sentenced to death: (A) The spouse of the victim at the time of the victim's death; (B) A parent or stepparent of the victim; (C) An adult sibling, adult child, or adult stepchild of the victim; or (D) Any other adult relative with a close relationship to the victim; and (3) "Surviving innocent victim" means any adult person innocently present during the commission of the capital offense committed by the person sentenced to death who sustains an injury, either physical or emotional, and that results in a separate conviction for a lesser offense that arises out of the same course of conduct.

(1) "Adult" means a person who is eighteen (18) years of age or older;

(2) "Close relative of the victim" means any of the following persons in relation to the victim for whose death a person is sentenced to death: (A) The spouse of the victim at the time of the victim's death; (B) A parent or stepparent of the victim; (C) An adult sibling, adult child, or adult stepchild of the victim; or (D) Any other adult relative with a close relationship to the victim; and

(A) The spouse of the victim at the time of the victim's death;

(B) A parent or stepparent of the victim;

(C) An adult sibling, adult child, or adult stepchild of the victim; or

(D) Any other adult relative with a close relationship to the victim; and

(3) "Surviving innocent victim" means any adult person innocently present during the commission of the capital offense committed by the person sentenced to death who sustains an injury, either physical or emotional, and that results in a separate conviction for a lesser offense that arises out of the same course of conduct.

(b) An execution for a sentence of death shall be conducted by the Director of the Department of Correction or some assistant or assistants designated by him or her.

(c) The sentence of death shall be carried out in the manner prescribed under § 5-4-617 in every case.

(d) Unless a suspension of execution is ordered, the director or the assistants appointed by him or her shall proceed at the time named in the sentence to cause the death of the person sentenced to death in the manner prescribed under § 5-4-617 .

(e) (1) An execution of a person convicted in this state of a capital offense and sentenced to death shall be private. However, the following persons shall be present: (A) The director or an assistant designated by the director; (B) The Department of Correction official in charge of medical services or his or her designee; (C) No more than six (6) of the following persons related to a victim of the crime for which the person is being executed if he or she chooses to be present: (i) A spouse; (ii) Any parent or stepparent; (iii) Any adult sibling or stepsibling; and (iv) Any adult child or stepchild; (D) A number of citizens determined by the director, not fewer than six (6) nor more than twelve (12), whose presence is necessary to verify that the execution was conducted in the manner required by law; (E) Counsel for the person being executed if he or she chooses to be present; and (F) The spiritual adviser to the person being executed if he or she chooses to be present. (2) The director may prohibit a person who otherwise would be eligible to witness or view an execution under this subsection if he or she determines the person to be a security risk. (3) Other persons designated by the director may be present at the execution. (4) The maximum number of close relatives of the victim either witnessing the execution as a person designated under subdivision (e)(1)(C) of this section or as a person viewing the execution through a closed-circuit audiovisual monitor under subdivision (e)(5) of this section shall not exceed eighteen (18). (5) (A) A closed-circuit audiovisual monitor dedicated to viewing a live broadcast of the execution shall be placed in a location chosen by the director for the benefit of any close relative of the victim or any surviving innocent victim who desires to view the execution and who is not witnessing the execution as allowed under subdivision (e)(1)(C) of this section. (B) The number of viewers shall not exceed eighteen (18) per execution. (C) An audio or video recording shall not be made of the execution.

(1) An execution of a person convicted in this state of a capital offense and sentenced to death shall be private. However, the following persons shall be present: (A) The director or an assistant designated by the director; (B) The Department of Correction official in charge of medical services or his or her designee; (C) No more than six (6) of the following persons related to a victim of the crime for which the person is being executed if he or she chooses to be present: (i) A spouse; (ii) Any parent or stepparent; (iii) Any adult sibling or stepsibling; and (iv) Any adult child or stepchild; (D) A number of citizens determined by the director, not fewer than six (6) nor more than twelve (12), whose presence is necessary to verify that the execution was conducted in the manner required by law; (E) Counsel for the person being executed if he or she chooses to be present; and (F) The spiritual adviser to the person being executed if he or she chooses to be present.

(A) The director or an assistant designated by the director;

(B) The Department of Correction official in charge of medical services or his or her designee;

(C) No more than six (6) of the following persons related to a victim of the crime for which the person is being executed if he or she chooses to be present: (i) A spouse; (ii) Any parent or stepparent; (iii) Any adult sibling or stepsibling; and (iv) Any adult child or stepchild;

(i) A spouse;

(ii) Any parent or stepparent;

(iii) Any adult sibling or stepsibling; and

(iv) Any adult child or stepchild;

(D) A number of citizens determined by the director, not fewer than six (6) nor more than twelve (12), whose presence is necessary to verify that the execution was conducted in the manner required by law;

(E) Counsel for the person being executed if he or she chooses to be present; and

(F) The spiritual adviser to the person being executed if he or she chooses to be present.

(2) The director may prohibit a person who otherwise would be eligible to witness or view an execution under this subsection if he or she determines the person to be a security risk.

(3) Other persons designated by the director may be present at the execution.

(4) The maximum number of close relatives of the victim either witnessing the execution as a person designated under subdivision (e)(1)(C) of this section or as a person viewing the execution through a closed-circuit audiovisual monitor under subdivision (e)(5) of this section shall not exceed eighteen (18).

(5) (A) A closed-circuit audiovisual monitor dedicated to viewing a live broadcast of the execution shall be placed in a location chosen by the director for the benefit of any close relative of the victim or any surviving innocent victim who desires to view the execution and who is not witnessing the execution as allowed under subdivision (e)(1)(C) of this section. (B) The number of viewers shall not exceed eighteen (18) per execution. (C) An audio or video recording shall not be made of the execution.

(A) A closed-circuit audiovisual monitor dedicated to viewing a live broadcast of the execution shall be placed in a location chosen by the director for the benefit of any close relative of the victim or any surviving innocent victim who desires to view the execution and who is not witnessing the execution as allowed under subdivision (e)(1)(C) of this section.

(B) The number of viewers shall not exceed eighteen (18) per execution.

(C) An audio or video recording shall not be made of the execution.

Amended by Act 2015, No. 99,§ 1, eff. 7/22/2015.

Acts 1887, No. 24, §§ 1, 2, p. 29; 1901, No. 58, § 1, p. 105; 1905, No. 295, § 1, p. 723; 1913, No. 55, §§ 2, 4; C. & M. Dig., §§ 3254-3256; Pope's Dig., §§ 4099-4101; A.S.A. 1947, §§ 43-2611 -- 43-2615; Acts 1997, No. 263, § 1; 1999, No. 78, § 1.
Ark. Code Ann. § 16-81-114 — AR Code / Title 16 / Chapter 81 / Subchapter 1 / Section 16-81-114
Warrantless arrest for gas theft
Status: in_force

(a) Any person who pumps fuel into a vehicle or container, which fuel is the property of a retail business entity that engages in the sale of fuel, and then leaves the premises with the fuel and without paying for the fuel shall be subject to arrest during the four (4) hours following the event, notwithstanding the lack of a warrant for the arrest. (b) Provided, however, the person arrested shall be released within twenty-four (24) hours of the arrest unless a warrant for the arrest of the person is issued according to law. Acts 1999, No. 1515, § 1.

(a) Any person who pumps fuel into a vehicle or container, which fuel is the property of a retail business entity that engages in the sale of fuel, and then leaves the premises with the fuel and without paying for the fuel shall be subject to arrest during the four (4) hours following the event, notwithstanding the lack of a warrant for the arrest.

(b) Provided, however, the person arrested shall be released within twenty-four (24) hours of the arrest unless a warrant for the arrest of the person is issued according to law.

Acts 1999, No. 1515, § 1.
Ark. Code Ann. § 16-43-1001 — AR Code / Title 16 / Chapter 43 / Subchapter 10 / Section 16-43-1001
Closed-circuit television and remote testimony
Status: in_force

(a) (1) In any criminal proceeding, on motion of the prosecutor after notice to the defendant or on motion of the defense attorney, the court may, upon a showing of clear and convincing evidence that testifying in open court would be harmful or detrimental to the child, order that the testimony of a victim or witness who is a child twelve (12) years of age or under be taken outside the courtroom and the presence of the defendant and communicated to the courtroom by closed-circuit television, video conference technology, or other technology that would enable the child to testify comfortably. (2) Any such motion shall only apply to the witnesses of the moving party and shall be filed no later than five (5) days before the trial is scheduled to begin, except in cases where, while testifying, it becomes apparent that the child cannot continue with his or her testimony. (b) In ruling on the motion, the court shall consider the following factors: (1) The age and maturity of the child; (2) The possible effect that testimony in person may have on the child; (3) The extent of the trauma the child has already suffered; (4) The nature of the testimony to be given by the child; (5) The nature of the offense, including, but not limited to, the use of a firearm or any other deadly weapon during the commission of the crime or the infliction of serious bodily injury upon the victim during the commission of the crime; (6) (A) Threats made to the child or the child's family in order to prevent or dissuade the child from attending or giving testimony at any trial or court proceeding or to prevent the child from reporting the alleged offense or from assisting in criminal prosecution. (B) Threats under this subdivision (b)(6) may include, but not be limited to, threats of serious bodily injury to be inflicted on the child or a family member, threats of incarceration or deportation of the child or a family member, or threats of removal of the child from the family or dissolution of the family; (7) Conduct on the part of the defendant or the defendant's attorney which causes the child to be unable to continue his or her testimony; and (8) Any other matter which the court considers relevant. (c) (1) (A) If the court orders that the child's testimony be taken by closed-circuit television, video conference technology, or other technology that would enable the child to testify comfortably, the testimony shall be taken outside the courtroom in the judge's chambers or in another suitable location designated by the judge. (B) Examination and cross-examination of the child shall proceed as though he or she were testifying in the courtroom. (C) The only persons who may be permitted in the room with the child during the child's testimony are: (i) The judge or a judicial officer appointed by the court; (ii) The prosecutor; (iii) The defense attorney, except a pro se defendant; (iv) The child's attorney; (v) Persons necessary to operate the closed-circuit television equipment; and (vi) Any person whose presence is determined by the court to be necessary to the welfare and well-being of the child. (2) The defendant shall be afforded a means of private, contemporaneous communication with the defendant's attorney during the testimony. (d) This section does not preclude the presence of both the victim and the defendant in the courtroom together for purposes of establishing or challenging the identification of the defendant when identification is a legitimate issue in the proceeding. (e) This section does not apply if the defendant is an attorney pro se unless the defendant has a court-appointed attorney assisting the defendant in the defense, in which case only the court-appointed attorney shall be permitted in the room with the child during the child's testimony. (f) This section does not create a right of a child witness to a closed-circuit television, video conference technology, or other technology that would enable the child to testify comfortably in lieu of testifying in open court and the intent of this section is that testimony by closed-circuit television, video conference technology, or other technology that would enable the child to testify comfortably be used in limited circumstances. (g) Videotapes of a child's testimony taken under this section that are part of the court record are subject to a protective order of the court for the purpose of protecting the privacy of the alleged victim. Amended by Act 2021, No. 1026,§ 1, eff. 7/28/2021. Acts 1997, No. 1186, § 1.

(a) (1) In any criminal proceeding, on motion of the prosecutor after notice to the defendant or on motion of the defense attorney, the court may, upon a showing of clear and convincing evidence that testifying in open court would be harmful or detrimental to the child, order that the testimony of a victim or witness who is a child twelve (12) years of age or under be taken outside the courtroom and the presence of the defendant and communicated to the courtroom by closed-circuit television, video conference technology, or other technology that would enable the child to testify comfortably. (2) Any such motion shall only apply to the witnesses of the moving party and shall be filed no later than five (5) days before the trial is scheduled to begin, except in cases where, while testifying, it becomes apparent that the child cannot continue with his or her testimony.

(1) In any criminal proceeding, on motion of the prosecutor after notice to the defendant or on motion of the defense attorney, the court may, upon a showing of clear and convincing evidence that testifying in open court would be harmful or detrimental to the child, order that the testimony of a victim or witness who is a child twelve (12) years of age or under be taken outside the courtroom and the presence of the defendant and communicated to the courtroom by closed-circuit television, video conference technology, or other technology that would enable the child to testify comfortably.

(2) Any such motion shall only apply to the witnesses of the moving party and shall be filed no later than five (5) days before the trial is scheduled to begin, except in cases where, while testifying, it becomes apparent that the child cannot continue with his or her testimony.

(b) In ruling on the motion, the court shall consider the following factors: (1) The age and maturity of the child; (2) The possible effect that testimony in person may have on the child; (3) The extent of the trauma the child has already suffered; (4) The nature of the testimony to be given by the child; (5) The nature of the offense, including, but not limited to, the use of a firearm or any other deadly weapon during the commission of the crime or the infliction of serious bodily injury upon the victim during the commission of the crime; (6) (A) Threats made to the child or the child's family in order to prevent or dissuade the child from attending or giving testimony at any trial or court proceeding or to prevent the child from reporting the alleged offense or from assisting in criminal prosecution. (B) Threats under this subdivision (b)(6) may include, but not be limited to, threats of serious bodily injury to be inflicted on the child or a family member, threats of incarceration or deportation of the child or a family member, or threats of removal of the child from the family or dissolution of the family; (7) Conduct on the part of the defendant or the defendant's attorney which causes the child to be unable to continue his or her testimony; and (8) Any other matter which the court considers relevant.

(1) The age and maturity of the child;

(2) The possible effect that testimony in person may have on the child;

(3) The extent of the trauma the child has already suffered;

(4) The nature of the testimony to be given by the child;

(5) The nature of the offense, including, but not limited to, the use of a firearm or any other deadly weapon during the commission of the crime or the infliction of serious bodily injury upon the victim during the commission of the crime;

(6) (A) Threats made to the child or the child's family in order to prevent or dissuade the child from attending or giving testimony at any trial or court proceeding or to prevent the child from reporting the alleged offense or from assisting in criminal prosecution. (B) Threats under this subdivision (b)(6) may include, but not be limited to, threats of serious bodily injury to be inflicted on the child or a family member, threats of incarceration or deportation of the child or a family member, or threats of removal of the child from the family or dissolution of the family;

(A) Threats made to the child or the child's family in order to prevent or dissuade the child from attending or giving testimony at any trial or court proceeding or to prevent the child from reporting the alleged offense or from assisting in criminal prosecution.

(B) Threats under this subdivision (b)(6) may include, but not be limited to, threats of serious bodily injury to be inflicted on the child or a family member, threats of incarceration or deportation of the child or a family member, or threats of removal of the child from the family or dissolution of the family;

(7) Conduct on the part of the defendant or the defendant's attorney which causes the child to be unable to continue his or her testimony; and

(8) Any other matter which the court considers relevant.

(c) (1) (A) If the court orders that the child's testimony be taken by closed-circuit television, video conference technology, or other technology that would enable the child to testify comfortably, the testimony shall be taken outside the courtroom in the judge's chambers or in another suitable location designated by the judge. (B) Examination and cross-examination of the child shall proceed as though he or she were testifying in the courtroom. (C) The only persons who may be permitted in the room with the child during the child's testimony are: (i) The judge or a judicial officer appointed by the court; (ii) The prosecutor; (iii) The defense attorney, except a pro se defendant; (iv) The child's attorney; (v) Persons necessary to operate the closed-circuit television equipment; and (vi) Any person whose presence is determined by the court to be necessary to the welfare and well-being of the child. (2) The defendant shall be afforded a means of private, contemporaneous communication with the defendant's attorney during the testimony.

(1) (A) If the court orders that the child's testimony be taken by closed-circuit television, video conference technology, or other technology that would enable the child to testify comfortably, the testimony shall be taken outside the courtroom in the judge's chambers or in another suitable location designated by the judge. (B) Examination and cross-examination of the child shall proceed as though he or she were testifying in the courtroom. (C) The only persons who may be permitted in the room with the child during the child's testimony are: (i) The judge or a judicial officer appointed by the court; (ii) The prosecutor; (iii) The defense attorney, except a pro se defendant; (iv) The child's attorney; (v) Persons necessary to operate the closed-circuit television equipment; and (vi) Any person whose presence is determined by the court to be necessary to the welfare and well-being of the child.

(A) If the court orders that the child's testimony be taken by closed-circuit television, video conference technology, or other technology that would enable the child to testify comfortably, the testimony shall be taken outside the courtroom in the judge's chambers or in another suitable location designated by the judge.

(B) Examination and cross-examination of the child shall proceed as though he or she were testifying in the courtroom.

(C) The only persons who may be permitted in the room with the child during the child's testimony are: (i) The judge or a judicial officer appointed by the court; (ii) The prosecutor; (iii) The defense attorney, except a pro se defendant; (iv) The child's attorney; (v) Persons necessary to operate the closed-circuit television equipment; and (vi) Any person whose presence is determined by the court to be necessary to the welfare and well-being of the child.

(i) The judge or a judicial officer appointed by the court;

(ii) The prosecutor;

(iii) The defense attorney, except a pro se defendant;

(iv) The child's attorney;

(v) Persons necessary to operate the closed-circuit television equipment; and

(vi) Any person whose presence is determined by the court to be necessary to the welfare and well-being of the child.

(2) The defendant shall be afforded a means of private, contemporaneous communication with the defendant's attorney during the testimony.

(d) This section does not preclude the presence of both the victim and the defendant in the courtroom together for purposes of establishing or challenging the identification of the defendant when identification is a legitimate issue in the proceeding.

(e) This section does not apply if the defendant is an attorney pro se unless the defendant has a court-appointed attorney assisting the defendant in the defense, in which case only the court-appointed attorney shall be permitted in the room with the child during the child's testimony.

(f) This section does not create a right of a child witness to a closed-circuit television, video conference technology, or other technology that would enable the child to testify comfortably in lieu of testifying in open court and the intent of this section is that testimony by closed-circuit television, video conference technology, or other technology that would enable the child to testify comfortably be used in limited circumstances.

(g) Videotapes of a child's testimony taken under this section that are part of the court record are subject to a protective order of the court for the purpose of protecting the privacy of the alleged victim.

Amended by Act 2021, No. 1026,§ 1, eff. 7/28/2021.

Acts 1997, No. 1186, § 1.
Ark. Code Ann. § 16-93-201 — AR Code / Title 16 / Chapter 93 / Subchapter 2 / Section 16-93-201
Creation - Members - Qualifications and training - Definitions
Status: in_force

(a) (1) There is created the Post-Prison Transfer Board, to be composed of seven (7) members to be appointed from the state at large by the Governor and confirmed by the Senate. (2) (A) (i) A member of the board shall be a full-time official of this state and shall not have any other employment for the duration of his or her appointment to the board. (ii) (a) A member of the board who is currently serving as of April 1, 2015, shall terminate any other employment that has not been approved as required by subdivision (a)(2)(A)(ii) (b) of this section. (b) A member may engage in employment that has a limited time commitment with approval from the Chair of the Post-Prison Transfer Board. (B) (i) The Governor shall appoint one (1) member as the chair who shall be the chief executive, administrative, budgetary, and fiscal officer of the board and the chair shall serve at the will of the Governor. (ii) The chair shall have general supervisory duties over the members and staff of the board but may not remove a member of the board except as provided under subsection (e) of this section. (iii) The board may review and approve budget and personnel requests prior to submission for executive and legislative approval. (C) The board shall elect from its membership a vice chair and a secretary who shall assume, in that order and with the consent of the Governor, the duties of the chair in the case of extended absence, vacancy, or other similar disability of the chair until the Governor designates a new chair of the board. (3) Each member shall serve a seven-year term, except that the terms shall be staggered by the Governor so that the term of one (1) member expires each year. (4) (A) A member shall have at least a bachelor's degree from an accredited college or university and the member should have no less than five (5) years' professional experience in one (1) or more of the following fields: (i) Parole or post-release supervision; (ii) Probation supervision; (iii) Corrections; (iv) Criminal justice; (v) Law; (vi) Law enforcement; (vii) Psychology; (viii) Psychiatry; (ix) Sociology; (x) Social work; or (xi) Other related field. (B) If the member does not have at least a bachelor's degree from an accredited college or university, he or she shall have no less than seven (7) years' experience in a field listed in subdivision (a)(4)(A) of this section. (5) (A) A member appointed after July 1, 2011, whether or not he or she has served on the board previously, shall complete a comprehensive training course developed in compliance with guidelines from the National Institute of Corrections, the Association of Paroling Authorities International, or the American Probation and Parole Association. (B) All members shall complete annual training developed in compliance with guidelines from the National Institute of Corrections, the Association of Paroling Authorities International, or the American Probation and Parole Association. (C) Training components under this subdivision (a)(5) shall include an emphasis on the following subjects: (i) Data-driven decision making; (ii) (a) Evidence-based practice. (b) As used in this section, "evidence-based practice" means practices proven through research to reduce recidivism; (iii) Stakeholder collaboration; and (iv) Recidivism reduction. (b) If any vacancy occurs on the board prior to the expiration of a term, the Governor shall fill the vacancy for the remainder of the unexpired term, subject to confirmation by the Senate. (c) The members of the board may receive expense reimbursement and stipends in accordance with § 25-16-901 et seq. (d) (1) Four (4) members of the board shall constitute a quorum for the purpose of holding an official meeting. (2) However, the affirmative vote of at least five (5) of the members of the board is required for any action by the board. (e) (1) A member of the board may be removed by the Governor after the Governor has received notification from the chair that the member: (A) Has been derelict in his or her duties as a member of the board; or (B) No longer meets the eligibility requirements to serve as a member of the board. (2) The member of the board who has been reported to the Governor under subdivision (e)(1) of this section shall receive written notice of the notification by the chair to the Governor and the member of the board shall be allowed an opportunity to respond within seven (7) days. (f) (1) When exercising his or her duties with regards to the board, the chair shall work in consultation with the Secretary of the Department of Corrections. (2) (A) As used in this subsection, "consultation" means coordination with and receiving input, review, and recommendations from the Secretary of the Department of Corrections. (B) "Consultation" does not include approval or consent of the Secretary of the Department of Corrections, except that the Secretary of the Department of Corrections shall review and approve any legislative proposals initiated by or on behalf of the board. Amended by Act 2023, No. 659,§ 162, eff. 1/1/2024. Amended by Act 2023, No. 659,§ 161, eff. 1/1/2024. Amended by Act 2023, No. 659,§ 160, eff. 1/1/2024. Amended by Act 2023, No. 794,§ 24, eff. 4/12/2023. Amended by Act 2021, No. 148,§ 1, eff. 7/28/2021. Amended by Act 2015, No. 1288,§ 1, eff. 4/1/2015. Amended by Act 2015, No. 895,§ 22, eff. 4/1/2015. Acts 1989, No. 937, §§ 2, 3, 5; 1993, No. 530, § 1; 1993, No. 547, § 1; 1995, No. 285, § 1; 1995, No. 381, § 1; 1997, No. 250, § 120; 1999, No. 979, § 1; 2005, No. 1033, § 1; 2007, No. 697, § 3; 2011, No. 570, § 86. See Act 2015, No. 1288, § 2.

(a) (1) There is created the Post-Prison Transfer Board, to be composed of seven (7) members to be appointed from the state at large by the Governor and confirmed by the Senate. (2) (A) (i) A member of the board shall be a full-time official of this state and shall not have any other employment for the duration of his or her appointment to the board. (ii) (a) A member of the board who is currently serving as of April 1, 2015, shall terminate any other employment that has not been approved as required by subdivision (a)(2)(A)(ii) (b) of this section. (b) A member may engage in employment that has a limited time commitment with approval from the Chair of the Post-Prison Transfer Board. (B) (i) The Governor shall appoint one (1) member as the chair who shall be the chief executive, administrative, budgetary, and fiscal officer of the board and the chair shall serve at the will of the Governor. (ii) The chair shall have general supervisory duties over the members and staff of the board but may not remove a member of the board except as provided under subsection (e) of this section. (iii) The board may review and approve budget and personnel requests prior to submission for executive and legislative approval. (C) The board shall elect from its membership a vice chair and a secretary who shall assume, in that order and with the consent of the Governor, the duties of the chair in the case of extended absence, vacancy, or other similar disability of the chair until the Governor designates a new chair of the board. (3) Each member shall serve a seven-year term, except that the terms shall be staggered by the Governor so that the term of one (1) member expires each year. (4) (A) A member shall have at least a bachelor's degree from an accredited college or university and the member should have no less than five (5) years' professional experience in one (1) or more of the following fields: (i) Parole or post-release supervision; (ii) Probation supervision; (iii) Corrections; (iv) Criminal justice; (v) Law; (vi) Law enforcement; (vii) Psychology; (viii) Psychiatry; (ix) Sociology; (x) Social work; or (xi) Other related field. (B) If the member does not have at least a bachelor's degree from an accredited college or university, he or she shall have no less than seven (7) years' experience in a field listed in subdivision (a)(4)(A) of this section. (5) (A) A member appointed after July 1, 2011, whether or not he or she has served on the board previously, shall complete a comprehensive training course developed in compliance with guidelines from the National Institute of Corrections, the Association of Paroling Authorities International, or the American Probation and Parole Association. (B) All members shall complete annual training developed in compliance with guidelines from the National Institute of Corrections, the Association of Paroling Authorities International, or the American Probation and Parole Association. (C) Training components under this subdivision (a)(5) shall include an emphasis on the following subjects: (i) Data-driven decision making; (ii) (a) Evidence-based practice. (b) As used in this section, "evidence-based practice" means practices proven through research to reduce recidivism; (iii) Stakeholder collaboration; and (iv) Recidivism reduction.

(1) There is created the Post-Prison Transfer Board, to be composed of seven (7) members to be appointed from the state at large by the Governor and confirmed by the Senate.

(2) (A) (i) A member of the board shall be a full-time official of this state and shall not have any other employment for the duration of his or her appointment to the board. (ii) (a) A member of the board who is currently serving as of April 1, 2015, shall terminate any other employment that has not been approved as required by subdivision (a)(2)(A)(ii) (b) of this section. (b) A member may engage in employment that has a limited time commitment with approval from the Chair of the Post-Prison Transfer Board. (B) (i) The Governor shall appoint one (1) member as the chair who shall be the chief executive, administrative, budgetary, and fiscal officer of the board and the chair shall serve at the will of the Governor. (ii) The chair shall have general supervisory duties over the members and staff of the board but may not remove a member of the board except as provided under subsection (e) of this section. (iii) The board may review and approve budget and personnel requests prior to submission for executive and legislative approval. (C) The board shall elect from its membership a vice chair and a secretary who shall assume, in that order and with the consent of the Governor, the duties of the chair in the case of extended absence, vacancy, or other similar disability of the chair until the Governor designates a new chair of the board.

(A) (i) A member of the board shall be a full-time official of this state and shall not have any other employment for the duration of his or her appointment to the board. (ii) (a) A member of the board who is currently serving as of April 1, 2015, shall terminate any other employment that has not been approved as required by subdivision (a)(2)(A)(ii) (b) of this section. (b) A member may engage in employment that has a limited time commitment with approval from the Chair of the Post-Prison Transfer Board.

(i) A member of the board shall be a full-time official of this state and shall not have any other employment for the duration of his or her appointment to the board.

(ii) (a) A member of the board who is currently serving as of April 1, 2015, shall terminate any other employment that has not been approved as required by subdivision (a)(2)(A)(ii) (b) of this section. (b) A member may engage in employment that has a limited time commitment with approval from the Chair of the Post-Prison Transfer Board.

(a) A member of the board who is currently serving as of April 1, 2015, shall terminate any other employment that has not been approved as required by subdivision (a)(2)(A)(ii) (b) of this section.

(b) A member may engage in employment that has a limited time commitment with approval from the Chair of the Post-Prison Transfer Board.

(B) (i) The Governor shall appoint one (1) member as the chair who shall be the chief executive, administrative, budgetary, and fiscal officer of the board and the chair shall serve at the will of the Governor. (ii) The chair shall have general supervisory duties over the members and staff of the board but may not remove a member of the board except as provided under subsection (e) of this section. (iii) The board may review and approve budget and personnel requests prior to submission for executive and legislative approval.

(i) The Governor shall appoint one (1) member as the chair who shall be the chief executive, administrative, budgetary, and fiscal officer of the board and the chair shall serve at the will of the Governor.

(ii) The chair shall have general supervisory duties over the members and staff of the board but may not remove a member of the board except as provided under subsection (e) of this section.

(iii) The board may review and approve budget and personnel requests prior to submission for executive and legislative approval.

(C) The board shall elect from its membership a vice chair and a secretary who shall assume, in that order and with the consent of the Governor, the duties of the chair in the case of extended absence, vacancy, or other similar disability of the chair until the Governor designates a new chair of the board.

(3) Each member shall serve a seven-year term, except that the terms shall be staggered by the Governor so that the term of one (1) member expires each year.

(4) (A) A member shall have at least a bachelor's degree from an accredited college or university and the member should have no less than five (5) years' professional experience in one (1) or more of the following fields: (i) Parole or post-release supervision; (ii) Probation supervision; (iii) Corrections; (iv) Criminal justice; (v) Law; (vi) Law enforcement; (vii) Psychology; (viii) Psychiatry; (ix) Sociology; (x) Social work; or (xi) Other related field. (B) If the member does not have at least a bachelor's degree from an accredited college or university, he or she shall have no less than seven (7) years' experience in a field listed in subdivision (a)(4)(A) of this section.

(A) A member shall have at least a bachelor's degree from an accredited college or university and the member should have no less than five (5) years' professional experience in one (1) or more of the following fields: (i) Parole or post-release supervision; (ii) Probation supervision; (iii) Corrections; (iv) Criminal justice; (v) Law; (vi) Law enforcement; (vii) Psychology; (viii) Psychiatry; (ix) Sociology; (x) Social work; or (xi) Other related field.

(i) Parole or post-release supervision;

(ii) Probation supervision;

(iii) Corrections;

(iv) Criminal justice;

(v) Law;

(vi) Law enforcement;

(vii) Psychology;

(viii) Psychiatry;

(ix) Sociology;

(x) Social work; or

(xi) Other related field.

(B) If the member does not have at least a bachelor's degree from an accredited college or university, he or she shall have no less than seven (7) years' experience in a field listed in subdivision (a)(4)(A) of this section.

(5) (A) A member appointed after July 1, 2011, whether or not he or she has served on the board previously, shall complete a comprehensive training course developed in compliance with guidelines from the National Institute of Corrections, the Association of Paroling Authorities International, or the American Probation and Parole Association. (B) All members shall complete annual training developed in compliance with guidelines from the National Institute of Corrections, the Association of Paroling Authorities International, or the American Probation and Parole Association. (C) Training components under this subdivision (a)(5) shall include an emphasis on the following subjects: (i) Data-driven decision making; (ii) (a) Evidence-based practice. (b) As used in this section, "evidence-based practice" means practices proven through research to reduce recidivism; (iii) Stakeholder collaboration; and (iv) Recidivism reduction.

(A) A member appointed after July 1, 2011, whether or not he or she has served on the board previously, shall complete a comprehensive training course developed in compliance with guidelines from the National Institute of Corrections, the Association of Paroling Authorities International, or the American Probation and Parole Association.

(B) All members shall complete annual training developed in compliance with guidelines from the National Institute of Corrections, the Association of Paroling Authorities International, or the American Probation and Parole Association.

(C) Training components under this subdivision (a)(5) shall include an emphasis on the following subjects: (i) Data-driven decision making; (ii) (a) Evidence-based practice. (b) As used in this section, "evidence-based practice" means practices proven through research to reduce recidivism; (iii) Stakeholder collaboration; and (iv) Recidivism reduction.

(i) Data-driven decision making;

(ii) (a) Evidence-based practice. (b) As used in this section, "evidence-based practice" means practices proven through research to reduce recidivism;

(a) Evidence-based practice.

(b) As used in this section, "evidence-based practice" means practices proven through research to reduce recidivism;

(iii) Stakeholder collaboration; and

(iv) Recidivism reduction.

(b) If any vacancy occurs on the board prior to the expiration of a term, the Governor shall fill the vacancy for the remainder of the unexpired term, subject to confirmation by the Senate.

(c) The members of the board may receive expense reimbursement and stipends in accordance with § 25-16-901 et seq.

(d) (1) Four (4) members of the board shall constitute a quorum for the purpose of holding an official meeting. (2) However, the affirmative vote of at least five (5) of the members of the board is required for any action by the board.

(1) Four (4) members of the board shall constitute a quorum for the purpose of holding an official meeting.

(2) However, the affirmative vote of at least five (5) of the members of the board is required for any action by the board.

(e) (1) A member of the board may be removed by the Governor after the Governor has received notification from the chair that the member: (A) Has been derelict in his or her duties as a member of the board; or (B) No longer meets the eligibility requirements to serve as a member of the board. (2) The member of the board who has been reported to the Governor under subdivision (e)(1) of this section shall receive written notice of the notification by the chair to the Governor and the member of the board shall be allowed an opportunity to respond within seven (7) days.

(1) A member of the board may be removed by the Governor after the Governor has received notification from the chair that the member: (A) Has been derelict in his or her duties as a member of the board; or (B) No longer meets the eligibility requirements to serve as a member of the board.

(A) Has been derelict in his or her duties as a member of the board; or

(B) No longer meets the eligibility requirements to serve as a member of the board.

(2) The member of the board who has been reported to the Governor under subdivision (e)(1) of this section shall receive written notice of the notification by the chair to the Governor and the member of the board shall be allowed an opportunity to respond within seven (7) days.

(f) (1) When exercising his or her duties with regards to the board, the chair shall work in consultation with the Secretary of the Department of Corrections. (2) (A) As used in this subsection, "consultation" means coordination with and receiving input, review, and recommendations from the Secretary of the Department of Corrections. (B) "Consultation" does not include approval or consent of the Secretary of the Department of Corrections, except that the Secretary of the Department of Corrections shall review and approve any legislative proposals initiated by or on behalf of the board.

(1) When exercising his or her duties with regards to the board, the chair shall work in consultation with the Secretary of the Department of Corrections.

(2) (A) As used in this subsection, "consultation" means coordination with and receiving input, review, and recommendations from the Secretary of the Department of Corrections. (B) "Consultation" does not include approval or consent of the Secretary of the Department of Corrections, except that the Secretary of the Department of Corrections shall review and approve any legislative proposals initiated by or on behalf of the board.

(A) As used in this subsection, "consultation" means coordination with and receiving input, review, and recommendations from the Secretary of the Department of Corrections.

(B) "Consultation" does not include approval or consent of the Secretary of the Department of Corrections, except that the Secretary of the Department of Corrections shall review and approve any legislative proposals initiated by or on behalf of the board.

Amended by Act 2023, No. 659,§ 162, eff. 1/1/2024.

Amended by Act 2023, No. 659,§ 161, eff. 1/1/2024.

Amended by Act 2023, No. 659,§ 160, eff. 1/1/2024.

Amended by Act 2023, No. 794,§ 24, eff. 4/12/2023.

Amended by Act 2021, No. 148,§ 1, eff. 7/28/2021.

Amended by Act 2015, No. 1288,§ 1, eff. 4/1/2015.

Amended by Act 2015, No. 895,§ 22, eff. 4/1/2015.

Acts 1989, No. 937, §§ 2, 3, 5; 1993, No. 530, § 1; 1993, No. 547, § 1; 1995, No. 285, § 1; 1995, No. 381, § 1; 1997, No. 250, § 120; 1999, No. 979, § 1; 2005, No. 1033, § 1; 2007, No. 697, § 3; 2011, No. 570, § 86.

See Act 2015, No. 1288, § 2.
Ark. Code Ann. § 16-17-944 — AR Code / Title 16 / Chapter 17 / Subchapter 9 / Section 16-17-944
Fulton County District Court
Status: in_force

(a) (1) Fulton County shall have one (1) district court with two (2) departments: (A) One (1) located in Salem; and (B) One (1) located in Mammoth Spring. (2) Both departments are to be served by one (1) judge. (b) The Fulton County District Court Judge shall be elected countywide. (c) The Fulton County District Court shall have countywide jurisdiction. Amended by Act 2017, No. 723,§ 1, eff. 8/1/2017. Acts 2007, No. 663, § 51.

(a) (1) Fulton County shall have one (1) district court with two (2) departments: (A) One (1) located in Salem; and (B) One (1) located in Mammoth Spring. (2) Both departments are to be served by one (1) judge.

(1) Fulton County shall have one (1) district court with two (2) departments: (A) One (1) located in Salem; and (B) One (1) located in Mammoth Spring.

(A) One (1) located in Salem; and

(B) One (1) located in Mammoth Spring.

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

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

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

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

Acts 2007, No. 663, § 51.
Ark. Code Ann. § 16-15-103 — AR Code / Title 16 / Chapter 15 / Section 16-15-103
Change of term upon conflict with circuit court - Exception
Status: in_force

(a) (1) Whenever it shall happen that the time for holding the county court and circuit court in any county shall be on the same day, the county judge shall not commence his or her court until two (2) weeks thereafter. (2) This section shall not apply to counties having separate county clerks, as provided for in Arkansas Constitution, Article 7, § 19. (b) All process of whatever description shall be returnable and have day and trial in the same manner as if the county court had been held at the regular time prescribed by law. Acts 1875, No. 55, § 77, p. 138; 1887, No. 107, § 1, p. 198; C. & M. Dig., §§ 2267, 2268; Pope's Dig., §§ 2894, 2895; A.S.A. 1947, §§ 22-604, 22-605.

(a) (1) Whenever it shall happen that the time for holding the county court and circuit court in any county shall be on the same day, the county judge shall not commence his or her court until two (2) weeks thereafter. (2) This section shall not apply to counties having separate county clerks, as provided for in Arkansas Constitution, Article 7, § 19.

(1) Whenever it shall happen that the time for holding the county court and circuit court in any county shall be on the same day, the county judge shall not commence his or her court until two (2) weeks thereafter.

(2) This section shall not apply to counties having separate county clerks, as provided for in Arkansas Constitution, Article 7, § 19.

(b) All process of whatever description shall be returnable and have day and trial in the same manner as if the county court had been held at the regular time prescribed by law.

Acts 1875, No. 55, § 77, p. 138; 1887, No. 107, § 1, p. 198; C. & M. Dig., §§ 2267, 2268; Pope's Dig., §§ 2894, 2895; A.S.A. 1947, §§ 22-604, 22-605.
Ark. Code Ann. § 16-108-226 — AR Code / Title 16 / Chapter 108 / Subchapter 2 / Section 16-108-226
Jurisdiction
Status: in_force

(a) A court of this state having jurisdiction over the controversy and the parties may enforce an agreement to arbitrate. (b) An agreement to arbitrate providing for arbitration in this State confers exclusive jurisdiction on the court to enter judgment on an award under this subchapter. Acts 1969, No. 260, § 17; A.S.A. 1947, § 34-527; Acts 2003, No. 1185, § 226; 2011, No. 695, § 1.

(a) A court of this state having jurisdiction over the controversy and the parties may enforce an agreement to arbitrate.

(b) An agreement to arbitrate providing for arbitration in this State confers exclusive jurisdiction on the court to enter judgment on an award under this subchapter.

Acts 1969, No. 260, § 17; A.S.A. 1947, § 34-527; Acts 2003, No. 1185, § 226; 2011, No. 695, § 1.
Ark. Code Ann. § 16-13-2402 — AR Code / Title 16 / Chapter 13 / Subchapter 24 / Section 16-13-2402
Terms of court
Status: in_force

The terms of court of the circuit court in the respective counties of the Sixteenth Judicial District shall commence on the following dates: (1) Cleburne County: On the second Tuesdays in May and November; (2) Fulton County: On the second Tuesdays in January and July; (3) Independence County: On the second Tuesdays in February and August; (4) Izard County: On the second Tuesdays in March and September; and (5) Stone County: On the second Tuesdays in April and October. Acts 1891, No. 62, § 3, p. 110; 1893, No. 56, § 3, p. 84; 1895, No. 36, §§ 1, 2, p. 40; 1903, No. 99, § 1, p. 167; 1905, No. 62, § 1, p. 163; 1955, No. 227, § 1; 1979, No. 242, § 1; A.S.A. 1947, §§ 22-310, 22-310n.

The terms of court of the circuit court in the respective counties of the Sixteenth Judicial District shall commence on the following dates:

(1) Cleburne County: On the second Tuesdays in May and November;

(2) Fulton County: On the second Tuesdays in January and July;

(3) Independence County: On the second Tuesdays in February and August;

(4) Izard County: On the second Tuesdays in March and September; and

(5) Stone County: On the second Tuesdays in April and October.

Acts 1891, No. 62, § 3, p. 110; 1893, No. 56, § 3, p. 84; 1895, No. 36, §§ 1, 2, p. 40; 1903, No. 99, § 1, p. 167; 1905, No. 62, § 1, p. 163; 1955, No. 227, § 1; 1979, No. 242, § 1; A.S.A. 1947, §§ 22-310, 22-310n.
Ark. Code Ann. § 16-67-204 — AR Code / Title 16 / Chapter 67 / Subchapter 2 / Section 16-67-204
[Repealed]
Status: repealed

Repealed by Act 2013, No. 1148,§ 54, eff. 8/16/2013. Acts 1883, No. 27, § 5, p. 48; C. & M. Dig., § 2291; Pope's Dig., § 2917; A.S.A. 1947, § 27-2005.

Repealed by Act 2013, No. 1148,§ 54, eff. 8/16/2013.

Acts 1883, No. 27, § 5, p. 48; C. & M. Dig., § 2291; Pope's Dig., § 2917; A.S.A. 1947, § 27-2005.
Ark. Code Ann. § 16-20-108 — AR Code / Title 16 / Chapter 20 / Subchapter 1 / Section 16-20-108
Investment of moneys held in trust - Disposition of funds
Status: in_force

(a) Moneys received by a clerk of the circuit court or probate division of circuit court to be held by the clerk in trust shall be invested by the clerk in an interest-bearing account, unless a court with proper jurisdiction over the moneys orders otherwise. (b) The interest earned by such account shall be paid over to the general fund of the county, in the absence of an order to the contrary from a court of competent jurisdiction. Amended by Act 2021, No. 475,§ 16, eff. 7/28/2021. Acts 1981, No. 279, § 1; A.S.A. 1947, § 23-112; Acts 1991, No. 404, § 1.

(a) Moneys received by a clerk of the circuit court or probate division of circuit court to be held by the clerk in trust shall be invested by the clerk in an interest-bearing account, unless a court with proper jurisdiction over the moneys orders otherwise.

(b) The interest earned by such account shall be paid over to the general fund of the county, in the absence of an order to the contrary from a court of competent jurisdiction.

Amended by Act 2021, No. 475,§ 16, eff. 7/28/2021.

Acts 1981, No. 279, § 1; A.S.A. 1947, § 23-112; Acts 1991, No. 404, § 1.
Ark. Code Ann. § 16-102-102 — AR Code / Title 16 / Chapter 102 / Section 16-102-102
Administration
Status: in_force

(a) A DWI/BWI specialty court program may require a separate judicial processing system differing in practice and design from the traditional adversarial criminal prosecution and trial system. (b) Each DWI/BWI specialty court shall develop a policy and procedure manual for the DWI/BWI specialty court program. (c) The DWI/BWI specialty court program shall offer judicial monitoring with intensive substance use disorder treatment and strict supervision of high-risk, high-need defendants, as determined by a validated risk-needs assessment tool, in cases of driving or boating while intoxicated, § 5-65-103 . (d) (1) The DWI/BWI specialty court shall have jurisdiction of a DWI/BWI specialty court program participant for sixteen (16) months from the date of sentencing to complete the DWI/BWI specialty court program in conformance with the standards adopted by the United States Department of Justice and recommended by the National Center for DWI Courts, as they existed on January 1, 2021. (2) In order for the DWI/BWI specialty court program participant to complete the DWI/BWI specialty court program and upon finding of good cause, the DWI/BWI specialty court may extend jurisdiction of the DWI/BWI specialty court program participant for an additional two (2) months. (e) (1) A DWI/BWI specialty court program team shall be designated by the DWI/BWI specialty court judge to manage the DWI/BWI specialty court program docket. (2) DWI/BWI specialty court program team members shall include: (A) A district judge; (B) A prosecuting attorney or city attorney; (C) A public defender or private defense attorney; (D) One (1) or more probation officers; (E) One (1) or more treatment providers with experience in the fields of mental health or substance use disorders, or both; (F) One (1) or more local law enforcement agency representatives; and (G) Any other individuals determined necessary by the DWI/BWI specialty court program judge. (f) A person is eligible for participation in a DWI/BWI specialty court program if: (1) The person has a substance use disorder; (2) The person is eighteen (18) years of age or older; (3) The person has pled guilty or nolo contendere or has been found guilty of the offense of driving or boating while intoxicated, § 5-65-103 , and is awaiting sentencing for the offense; and (4) The person agrees to comply with the policies and procedures developed by the DWI/BWI specialty court program. (g) Subject to § 5-65-108 , probation and any other services ordered by the DWI/BWI specialty court shall be ordered after the person pleads guilty or nolo contendere to driving or boating while intoxicated, § 5-65-103 . (h) A DWI/BWI specialty court shall not reduce or dismiss a charge or conviction of driving or boating while intoxicated, § 5-65-103 , as provided under § 5-65-107 . (i) If a DWI/BWI specialty court utilizes a case management system that allows for the collection and processing of data, the DWI/BWI specialty court shall collect and provide monthly data on DWI/BWI specialty court program applicants and all DWI/BWI specialty court program participants as required by the Specialty Court Program Advisory Committee in accordance with rules promulgated under § 10-3-2901 . Amended by Act 2023, No. 177,§ 16, eff. 8/1/2023. Added by Act 2021, No. 58,§ 4, eff. 7/28/2021.

(a) A DWI/BWI specialty court program may require a separate judicial processing system differing in practice and design from the traditional adversarial criminal prosecution and trial system.

(b) Each DWI/BWI specialty court shall develop a policy and procedure manual for the DWI/BWI specialty court program.

(c) The DWI/BWI specialty court program shall offer judicial monitoring with intensive substance use disorder treatment and strict supervision of high-risk, high-need defendants, as determined by a validated risk-needs assessment tool, in cases of driving or boating while intoxicated, § 5-65-103 .

(d) (1) The DWI/BWI specialty court shall have jurisdiction of a DWI/BWI specialty court program participant for sixteen (16) months from the date of sentencing to complete the DWI/BWI specialty court program in conformance with the standards adopted by the United States Department of Justice and recommended by the National Center for DWI Courts, as they existed on January 1, 2021. (2) In order for the DWI/BWI specialty court program participant to complete the DWI/BWI specialty court program and upon finding of good cause, the DWI/BWI specialty court may extend jurisdiction of the DWI/BWI specialty court program participant for an additional two (2) months.

(1) The DWI/BWI specialty court shall have jurisdiction of a DWI/BWI specialty court program participant for sixteen (16) months from the date of sentencing to complete the DWI/BWI specialty court program in conformance with the standards adopted by the United States Department of Justice and recommended by the National Center for DWI Courts, as they existed on January 1, 2021.

(2) In order for the DWI/BWI specialty court program participant to complete the DWI/BWI specialty court program and upon finding of good cause, the DWI/BWI specialty court may extend jurisdiction of the DWI/BWI specialty court program participant for an additional two (2) months.

(e) (1) A DWI/BWI specialty court program team shall be designated by the DWI/BWI specialty court judge to manage the DWI/BWI specialty court program docket. (2) DWI/BWI specialty court program team members shall include: (A) A district judge; (B) A prosecuting attorney or city attorney; (C) A public defender or private defense attorney; (D) One (1) or more probation officers; (E) One (1) or more treatment providers with experience in the fields of mental health or substance use disorders, or both; (F) One (1) or more local law enforcement agency representatives; and (G) Any other individuals determined necessary by the DWI/BWI specialty court program judge.

(1) A DWI/BWI specialty court program team shall be designated by the DWI/BWI specialty court judge to manage the DWI/BWI specialty court program docket.

(2) DWI/BWI specialty court program team members shall include: (A) A district judge; (B) A prosecuting attorney or city attorney; (C) A public defender or private defense attorney; (D) One (1) or more probation officers; (E) One (1) or more treatment providers with experience in the fields of mental health or substance use disorders, or both; (F) One (1) or more local law enforcement agency representatives; and (G) Any other individuals determined necessary by the DWI/BWI specialty court program judge.

(A) A district judge;

(B) A prosecuting attorney or city attorney;

(C) A public defender or private defense attorney;

(D) One (1) or more probation officers;

(E) One (1) or more treatment providers with experience in the fields of mental health or substance use disorders, or both;

(F) One (1) or more local law enforcement agency representatives; and

(G) Any other individuals determined necessary by the DWI/BWI specialty court program judge.

(f) A person is eligible for participation in a DWI/BWI specialty court program if: (1) The person has a substance use disorder; (2) The person is eighteen (18) years of age or older; (3) The person has pled guilty or nolo contendere or has been found guilty of the offense of driving or boating while intoxicated, § 5-65-103 , and is awaiting sentencing for the offense; and (4) The person agrees to comply with the policies and procedures developed by the DWI/BWI specialty court program.

(1) The person has a substance use disorder;

(2) The person is eighteen (18) years of age or older;

(3) The person has pled guilty or nolo contendere or has been found guilty of the offense of driving or boating while intoxicated, § 5-65-103 , and is awaiting sentencing for the offense; and

(4) The person agrees to comply with the policies and procedures developed by the DWI/BWI specialty court program.

(g) Subject to § 5-65-108 , probation and any other services ordered by the DWI/BWI specialty court shall be ordered after the person pleads guilty or nolo contendere to driving or boating while intoxicated, § 5-65-103 .

(h) A DWI/BWI specialty court shall not reduce or dismiss a charge or conviction of driving or boating while intoxicated, § 5-65-103 , as provided under § 5-65-107 .

(i) If a DWI/BWI specialty court utilizes a case management system that allows for the collection and processing of data, the DWI/BWI specialty court shall collect and provide monthly data on DWI/BWI specialty court program applicants and all DWI/BWI specialty court program participants as required by the Specialty Court Program Advisory Committee in accordance with rules promulgated under § 10-3-2901 .

Amended by Act 2023, No. 177,§ 16, eff. 8/1/2023.

Added by Act 2021, No. 58,§ 4, eff. 7/28/2021.
Ark. Code Ann. § 16-93-1704 — AR Code / Title 16 / Chapter 93 / Subchapter 17 / Section 16-93-1704
Determination of probation program savings
Status: in_force

(a) Each county or judicial district receiving a grant under this subchapter shall: (1) Not later than twelve (12) months after an initial grant award under this section and annually thereafter through the end of the grant period calculate the amount of cost savings and costs averted, if any, resulting from the reduced incarceration achieved through the Swift and Certain Accountability on Probation Pilot Program; and (2) Report to the Administrative Office of the Courts: (A) The amount calculated under subdivision (a)(1) of this section; and (B) The portion of the amount, if any, that will be reinvested for expansion of the program. (b) The Administrative Office of the Courts shall: (1) Annually evaluate: (A) The methods used by courts to calculate the cost savings reported under subdivision (a)(1) of this section; and (B) The use of the savings by the courts to reinvest for expansion of the program; and (2) Provide guidance, assistance, and recommendations to such courts relating to the potential reinvestment of such savings for expansion of the program. (c) The Administrative Office of the Courts shall select an entity to serve as the program initiative evaluation coordinator to: (1) Analyze and provide feedback on the measures and outcomes the individual initiative probation programs are required to collect and conduct, respectively, in accordance with § 16-93-1702(b)(6) ; (2) Ensure consistent tracking of the progress of the demonstration programs carried out under this section, including such measures and outcomes; and (3) Ensure that the aggregate data from all such programs is available to each of the programs and to the Administrative Office of the Courts. (d) The Administrative Office of the Courts shall report annually to the General Assembly and the Governor the results of the program initiative carried out under this subchapter. Acts 2011, No. 570, § 110.

(a) Each county or judicial district receiving a grant under this subchapter shall: (1) Not later than twelve (12) months after an initial grant award under this section and annually thereafter through the end of the grant period calculate the amount of cost savings and costs averted, if any, resulting from the reduced incarceration achieved through the Swift and Certain Accountability on Probation Pilot Program; and (2) Report to the Administrative Office of the Courts: (A) The amount calculated under subdivision (a)(1) of this section; and (B) The portion of the amount, if any, that will be reinvested for expansion of the program.

(1) Not later than twelve (12) months after an initial grant award under this section and annually thereafter through the end of the grant period calculate the amount of cost savings and costs averted, if any, resulting from the reduced incarceration achieved through the Swift and Certain Accountability on Probation Pilot Program; and

(2) Report to the Administrative Office of the Courts: (A) The amount calculated under subdivision (a)(1) of this section; and (B) The portion of the amount, if any, that will be reinvested for expansion of the program.

(A) The amount calculated under subdivision (a)(1) of this section; and

(B) The portion of the amount, if any, that will be reinvested for expansion of the program.

(b) The Administrative Office of the Courts shall: (1) Annually evaluate: (A) The methods used by courts to calculate the cost savings reported under subdivision (a)(1) of this section; and (B) The use of the savings by the courts to reinvest for expansion of the program; and (2) Provide guidance, assistance, and recommendations to such courts relating to the potential reinvestment of such savings for expansion of the program.

(1) Annually evaluate: (A) The methods used by courts to calculate the cost savings reported under subdivision (a)(1) of this section; and (B) The use of the savings by the courts to reinvest for expansion of the program; and

(A) The methods used by courts to calculate the cost savings reported under subdivision (a)(1) of this section; and

(B) The use of the savings by the courts to reinvest for expansion of the program; and

(2) Provide guidance, assistance, and recommendations to such courts relating to the potential reinvestment of such savings for expansion of the program.

(c) The Administrative Office of the Courts shall select an entity to serve as the program initiative evaluation coordinator to: (1) Analyze and provide feedback on the measures and outcomes the individual initiative probation programs are required to collect and conduct, respectively, in accordance with § 16-93-1702(b)(6) ; (2) Ensure consistent tracking of the progress of the demonstration programs carried out under this section, including such measures and outcomes; and (3) Ensure that the aggregate data from all such programs is available to each of the programs and to the Administrative Office of the Courts.

(1) Analyze and provide feedback on the measures and outcomes the individual initiative probation programs are required to collect and conduct, respectively, in accordance with § 16-93-1702(b)(6) ;

(2) Ensure consistent tracking of the progress of the demonstration programs carried out under this section, including such measures and outcomes; and

(3) Ensure that the aggregate data from all such programs is available to each of the programs and to the Administrative Office of the Courts.

(d) The Administrative Office of the Courts shall report annually to the General Assembly and the Governor the results of the program initiative carried out under this subchapter.

Acts 2011, No. 570, § 110.
Ark. Code Ann. § 16-3-107 — AR Code / Title 16 / Chapter 3 / Section 16-3-107
Authorized publications - Weekly newspapers of patriotic organizations
Status: in_force

(a) Any weekly newspaper published in the State of Arkansas by any statewide patriotic organization and having a circulation of five hundred (500) or more in the county in which the newspaper is published is declared to be a medium or forum in which there may be published all legal and judicial advertisements, notices, orders, reports, judgments, decrees, and sales in the county. (b) All legal and judicial advertisements, notices, orders, reports, judgments, decrees, and sales published in such weekly newspapers are, and shall be deemed to have been, properly published within the meaning of the acts governing the publication of legal and judicial advertisements, notices, orders, reports, judgments, decrees, and sales. Acts 1931, No. 32, §§ 1, 2; Pope's Dig., §§ 8787, 8788; A.S.A. 1947, §§ 15-113, 15-114.

(a) Any weekly newspaper published in the State of Arkansas by any statewide patriotic organization and having a circulation of five hundred (500) or more in the county in which the newspaper is published is declared to be a medium or forum in which there may be published all legal and judicial advertisements, notices, orders, reports, judgments, decrees, and sales in the county.

(b) All legal and judicial advertisements, notices, orders, reports, judgments, decrees, and sales published in such weekly newspapers are, and shall be deemed to have been, properly published within the meaning of the acts governing the publication of legal and judicial advertisements, notices, orders, reports, judgments, decrees, and sales.

Acts 1931, No. 32, §§ 1, 2; Pope's Dig., §§ 8787, 8788; A.S.A. 1947, §§ 15-113, 15-114.
Ark. Code Ann. § 16-118-107 — AR Code / Title 16 / Chapter 118 / Section 16-118-107
Civil action by crime victim
Status: in_force

(a) (1) Any person injured or damaged by reason of conduct of another person that would constitute a felony under Arkansas law may file a civil action to recover damages based on the conduct. (2) The burden of proof for showing conduct that constituted a felony shall be a preponderance of the evidence. (3) If the person who is injured or damaged prevails, he or she shall be entitled to recover costs and attorney's fees. (b) The action may be maintained by the person who was injured or damaged or, after the person's death, the executor, administrator, or representative of his or her estate. (c) The remedy provided in this section shall be in addition to any other remedies in law or equity. (d) This section does not apply to offenses under § 5-28-101 et seq. or the Medicaid Fraud Act, § 5-55-101 et seq. Acts 1997, No. 341, § 1; 2011, No. 223, § 1.

(a) (1) Any person injured or damaged by reason of conduct of another person that would constitute a felony under Arkansas law may file a civil action to recover damages based on the conduct. (2) The burden of proof for showing conduct that constituted a felony shall be a preponderance of the evidence. (3) If the person who is injured or damaged prevails, he or she shall be entitled to recover costs and attorney's fees.

(1) Any person injured or damaged by reason of conduct of another person that would constitute a felony under Arkansas law may file a civil action to recover damages based on the conduct.

(2) The burden of proof for showing conduct that constituted a felony shall be a preponderance of the evidence.

(3) If the person who is injured or damaged prevails, he or she shall be entitled to recover costs and attorney's fees.

(b) The action may be maintained by the person who was injured or damaged or, after the person's death, the executor, administrator, or representative of his or her estate.

(c) The remedy provided in this section shall be in addition to any other remedies in law or equity.

(d) This section does not apply to offenses under § 5-28-101 et seq. or the Medicaid Fraud Act, § 5-55-101 et seq.

Acts 1997, No. 341, § 1; 2011, No. 223, § 1.
Ark. Code Ann. § 16-5-102 — AR Code / Title 16 / Chapter 5 / Section 16-5-102
Damage resulting from installation of free smoke alarms - Liability
Status: in_force

(a) No volunteer firefighter shall be civilly liable for personal injury or property damage resulting from any act or omission in the installation of a smoke alarm provided free of charge if the act or omission did not constitute intentional wrongdoing. (b) No board member of any fire department nor administrative personnel of any fire department shall be civilly liable for personal injury or property damage resulting from any act or omission of a volunteer firefighter in installation of a smoke alarm provided free of charge. Acts 1991, No. 891, § 1.

(a) No volunteer firefighter shall be civilly liable for personal injury or property damage resulting from any act or omission in the installation of a smoke alarm provided free of charge if the act or omission did not constitute intentional wrongdoing.

(b) No board member of any fire department nor administrative personnel of any fire department shall be civilly liable for personal injury or property damage resulting from any act or omission of a volunteer firefighter in installation of a smoke alarm provided free of charge.

Acts 1991, No. 891, § 1.
Ark. Code Ann. § 16-85-603 — AR Code / Title 16 / Chapter 85 / Subchapter 6 / Section 16-85-603
Arrest - Issuance
Status: in_force

(a) The process of arrest shall be issued by the clerk upon the order of the court and may be reissued from time to time by order of the prosecuting attorney. (b) The process of arrest on an indictment shall be a bench warrant. (c) A bench warrant may be substantially in the following form: Click here to view form. Crim. Code, §§ 140, 142, 143; C. & M. Dig., §§ 3040, 3042; Pope's Dig., §§ 3866, 3868; A.S.A. 1947, §§ 43-1102, 43-1104, 43-1105; Acts 2005, No. 1994, § 252.

(a) The process of arrest shall be issued by the clerk upon the order of the court and may be reissued from time to time by order of the prosecuting attorney.

(b) The process of arrest on an indictment shall be a bench warrant.

(c) A bench warrant may be substantially in the following form: Click here to view form.

Click here to view form.

Crim. Code, §§ 140, 142, 143; C. & M. Dig., §§ 3040, 3042; Pope's Dig., §§ 3866, 3868; A.S.A. 1947, §§ 43-1102, 43-1104, 43-1105; Acts 2005, No. 1994, § 252.

85_603_1 - Attachment
Ark. Code Ann. § 16-100-208 — AR Code / Title 16 / Chapter 100 / Subchapter 2 / Section 16-100-208
Completion of program - Dismissal of case - Sealing of record
Status: in_force

(a) Upon the mental health specialty court's own motion or upon a request from a mental health specialty court program participant or his or her attorney, a mental health specialty court may order dismissal of the case against the mental health specialty court program participant and the sealing of the record if: (1) The mental health specialty court program participant has successfully completed the mental health specialty court program, as determined by the mental health specialty court; (2) The mental health specialty court program participant has received aftercare programming or a course of continuing mental health treatment if recommended by the mental health specialty court program participant's healthcare provider; (3) The mental health specialty court has received a recommendation from the prosecuting attorney for dismissal of the case and the sealing of the record; and (4) The mental health specialty court, after considering the mental health specialty court program participant's criminal history, determines that dismissal of the case and the sealing of the record are appropriate. (b) Unless otherwise ordered by the mental health specialty court, sealing of the record under this section shall be as described in the Comprehensive Criminal Record Sealing Act of 2013, § 16-90-1401 et seq. (c) If a mental health specialty court program participant has successfully completed the program and has his or her case dismissed under this section, he or she may petition the mental health specialty court for relief from disability to restore the mental health specialty court program participant's right to purchase a firearm and to otherwise be removed from the Federal Bureau of Investigation's National Instant Criminal Background Check System database. Added by Act 2017, No. 506,§ 1, eff. 8/1/2017.

(a) Upon the mental health specialty court's own motion or upon a request from a mental health specialty court program participant or his or her attorney, a mental health specialty court may order dismissal of the case against the mental health specialty court program participant and the sealing of the record if: (1) The mental health specialty court program participant has successfully completed the mental health specialty court program, as determined by the mental health specialty court; (2) The mental health specialty court program participant has received aftercare programming or a course of continuing mental health treatment if recommended by the mental health specialty court program participant's healthcare provider; (3) The mental health specialty court has received a recommendation from the prosecuting attorney for dismissal of the case and the sealing of the record; and (4) The mental health specialty court, after considering the mental health specialty court program participant's criminal history, determines that dismissal of the case and the sealing of the record are appropriate.

(1) The mental health specialty court program participant has successfully completed the mental health specialty court program, as determined by the mental health specialty court;

(2) The mental health specialty court program participant has received aftercare programming or a course of continuing mental health treatment if recommended by the mental health specialty court program participant's healthcare provider;

(3) The mental health specialty court has received a recommendation from the prosecuting attorney for dismissal of the case and the sealing of the record; and

(4) The mental health specialty court, after considering the mental health specialty court program participant's criminal history, determines that dismissal of the case and the sealing of the record are appropriate.

(b) Unless otherwise ordered by the mental health specialty court, sealing of the record under this section shall be as described in the Comprehensive Criminal Record Sealing Act of 2013, § 16-90-1401 et seq.

(c) If a mental health specialty court program participant has successfully completed the program and has his or her case dismissed under this section, he or she may petition the mental health specialty court for relief from disability to restore the mental health specialty court program participant's right to purchase a firearm and to otherwise be removed from the Federal Bureau of Investigation's National Instant Criminal Background Check System database.

Added by Act 2017, No. 506,§ 1, eff. 8/1/2017.
Ark. Code Ann. § 16-21-146 — AR Code / Title 16 / Chapter 21 / Subchapter 1 / Section 16-21-146
Appropriation of funds for salaries and expenses
Status: in_force

(a) The quorum courts of the respective counties of a judicial district shall annually appropriate sufficient amounts to cover the salaries and expenses of the prosecuting attorney's office. (b) The quorum courts of the respective counties may appropriate any additional funds and create such additional deputy prosecutor positions as they deem necessary for the efficient operation of the office of the prosecuting attorney. Acts 1993, No. 1306, § 3.

(a) The quorum courts of the respective counties of a judicial district shall annually appropriate sufficient amounts to cover the salaries and expenses of the prosecuting attorney's office.

(b) The quorum courts of the respective counties may appropriate any additional funds and create such additional deputy prosecutor positions as they deem necessary for the efficient operation of the office of the prosecuting attorney.

Acts 1993, No. 1306, § 3.
Ark. Code Ann. § 16-19-306 — AR Code / Title 16 / Chapter 19 / Subchapter 3 / Section 16-19-306
[Repealed]
Status: repealed

Repealed by Act 2023, No. 177,§ 9, eff. 8/1/2023. Acts 1977, No. 358, § 2; A.S.A. 1947, § 26-206.1; Acts 1999, No. 6, § 1.

Repealed by Act 2023, No. 177,§ 9, eff. 8/1/2023.

Acts 1977, No. 358, § 2; A.S.A. 1947, § 26-206.1; Acts 1999, No. 6, § 1.
Ark. Code Ann. § 16-123-210 — AR Code / Title 16 / Chapter 123 / Subchapter 2 / Section 16-123-210
Civil remedy - Definition
Status: in_force

(a) (1) A person alleging a violation of this subchapter may bring a civil action for appropriate injunctive relief or damages, or both. (2) As used in subdivision (a)(1) of this section, "damages" means damages for injury or loss caused by each violation of this subchapter, including reasonable attorney's fees. (b) An action commenced pursuant to subsection (a) of this section may be brought in the circuit court for: (1) The county where the alleged violation occurred; or (2) The county where the person against whom the civil complaint is filed resides or has his or her principal place of business. (c) In a civil action under this subchapter, the court in its discretion may allow the prevailing party reasonable attorney's fees and costs. (d) A court rendering a judgment in an action brought pursuant to this subchapter may award all or a portion of the costs of litigation, including reasonable attorney's fees and witness fees, to the complainant in the action if the court determines that the award is appropriate. Acts 1995, No. 1129, § 1; 1995, No. 1327, § 1.

(a) (1) A person alleging a violation of this subchapter may bring a civil action for appropriate injunctive relief or damages, or both. (2) As used in subdivision (a)(1) of this section, "damages" means damages for injury or loss caused by each violation of this subchapter, including reasonable attorney's fees.

(1) A person alleging a violation of this subchapter may bring a civil action for appropriate injunctive relief or damages, or both.

(2) As used in subdivision (a)(1) of this section, "damages" means damages for injury or loss caused by each violation of this subchapter, including reasonable attorney's fees.

(b) An action commenced pursuant to subsection (a) of this section may be brought in the circuit court for: (1) The county where the alleged violation occurred; or (2) The county where the person against whom the civil complaint is filed resides or has his or her principal place of business.

(1) The county where the alleged violation occurred; or

(2) The county where the person against whom the civil complaint is filed resides or has his or her principal place of business.

(c) In a civil action under this subchapter, the court in its discretion may allow the prevailing party reasonable attorney's fees and costs.

(d) A court rendering a judgment in an action brought pursuant to this subchapter may award all or a portion of the costs of litigation, including reasonable attorney's fees and witness fees, to the complainant in the action if the court determines that the award is appropriate.

Acts 1995, No. 1129, § 1; 1995, No. 1327, § 1.
Ark. Code Ann. § 16-97-102 — AR Code / Title 16 / Chapter 97 / Section 16-97-102
Sentencing by the court
Status: in_force

The following procedure shall govern sentencing by the court: (1) When either party requests to present evidence relevant to sentencing, the court shall hear or receive such evidence and any rebuttal by the opposing party; (2) If neither party requests a sentencing hearing, the court may order one or may order a presentence investigation pursuant to § 5-4-102 ; and (3) The court may hear or may request argument relevant to the appropriate sentence following either a hearing or a presentence investigation. Acts 1993, No. 535, § 2; 1993, No. 551, § 2; 1997, No. 1262, § 23.

The following procedure shall govern sentencing by the court:

(1) When either party requests to present evidence relevant to sentencing, the court shall hear or receive such evidence and any rebuttal by the opposing party;

(2) If neither party requests a sentencing hearing, the court may order one or may order a presentence investigation pursuant to § 5-4-102 ; and

(3) The court may hear or may request argument relevant to the appropriate sentence following either a hearing or a presentence investigation.

Acts 1993, No. 535, § 2; 1993, No. 551, § 2; 1997, No. 1262, § 23.
Ark. Code Ann. § 16-20-103 — AR Code / Title 16 / Chapter 20 / Subchapter 1 / Section 16-20-103
Oaths and affidavits
Status: in_force

The clerk may administer any oath or take any affidavit required or permitted in the progress of an action. Civil Code, § 772; C. & M. Dig., § 1377; Pope's Dig., § 1638; A.S.A. 1947, § 23-103.

The clerk may administer any oath or take any affidavit required or permitted in the progress of an action.

Civil Code, § 772; C. & M. Dig., § 1377; Pope's Dig., § 1638; A.S.A. 1947, § 23-103.
Ark. Code Ann. § 16-89-128 — AR Code / Title 16 / Chapter 89 / Section 16-89-128
Polling of jury members
Status: in_force

Upon a verdict's being rendered, the jury may be polled at the instance of either party, which consists of the clerk or judge asking each juror if it is his or her verdict. If one (1) answers in the negative, the verdict cannot be received. Crim. Code, § 264; C. & M. Dig., § 3216; Pope's Dig., § 4052; A.S.A. 1947, § 43-2160.

Upon a verdict's being rendered, the jury may be polled at the instance of either party, which consists of the clerk or judge asking each juror if it is his or her verdict. If one (1) answers in the negative, the verdict cannot be received.

Crim. Code, § 264; C. & M. Dig., § 3216; Pope's Dig., § 4052; A.S.A. 1947, § 43-2160.
Ark. Code Ann. § 16-10-110 — AR Code / Title 16 / Chapter 10 / Subchapter 1 / Section 16-10-110
Seals
Status: in_force

(a) The Supreme Court and each of the circuit, district, city, and county courts shall preserve and keep a seal, with such emblems and devices as the court shall think proper. (b) The impression of the seal of any court by stamp shall be sufficient sealing in all cases where sealing is required. (c) When no official seal is provided, the clerk may use his or her private seal for the authentication of any record, process, or proceeding required by law to be authenticated by the seal of his or her court. The attestation of the clerk stating that he or she has no seal of office and that he or she has affixed his or her private seal shall be received as sufficient authentication without requiring any proof of the private seal or that it was affixed by the clerk. Rev. Stat., ch. 43, §§ 8, 11, 12; C. & M. Dig., §§ 2095, 2097, 2098; Pope's Dig., §§ 2699, 2701, 2702; A.S.A. 1947, §§ 22-102 -- 22-104; Acts 2003, No. 1185, § 40.

(a) The Supreme Court and each of the circuit, district, city, and county courts shall preserve and keep a seal, with such emblems and devices as the court shall think proper.

(b) The impression of the seal of any court by stamp shall be sufficient sealing in all cases where sealing is required.

(c) When no official seal is provided, the clerk may use his or her private seal for the authentication of any record, process, or proceeding required by law to be authenticated by the seal of his or her court. The attestation of the clerk stating that he or she has no seal of office and that he or she has affixed his or her private seal shall be received as sufficient authentication without requiring any proof of the private seal or that it was affixed by the clerk.

Rev. Stat., ch. 43, §§ 8, 11, 12; C. & M. Dig., §§ 2095, 2097, 2098; Pope's Dig., §§ 2699, 2701, 2702; A.S.A. 1947, §§ 22-102 -- 22-104; Acts 2003, No. 1185, § 40.
Ark. Code Ann. § 16-13-3205 — AR Code / Title 16 / Chapter 13 / Subchapter 32 / Section 16-13-3205
Prosecuting attorneys
Status: in_force

(a) The qualified electors of Hempstead and Nevada counties shall elect a person who shall serve as the prosecuting attorney for the Eighth Judicial District-North. (b) The qualified electors of Lafayette and Miller counties shall elect a person who shall serve as the prosecuting attorney for the Eighth Judicial District-South. Acts 1997, No. 1270, § 7; 2011, No. 1132, § 8.

(a) The qualified electors of Hempstead and Nevada counties shall elect a person who shall serve as the prosecuting attorney for the Eighth Judicial District-North.

(b) The qualified electors of Lafayette and Miller counties shall elect a person who shall serve as the prosecuting attorney for the Eighth Judicial District-South.

Acts 1997, No. 1270, § 7; 2011, No. 1132, § 8.
Ark. Code Ann. § 16-68-401 — AR Code / Title 16 / Chapter 68 / Subchapter 4 / Section 16-68-401
Actions of trespass
Status: in_force

In all actions of trespass, if any damages are found for the plaintiff upon the trial of the issue or inquiry of damages, he or she shall recover his or her costs. Rev. Stat., ch. 34, § 20; C. & M. Dig., § 1836; Pope's Dig., § 2355; A.S.A. 1947, § 27-2309.

In all actions of trespass, if any damages are found for the plaintiff upon the trial of the issue or inquiry of damages, he or she shall recover his or her costs.

Rev. Stat., ch. 34, § 20; C. & M. Dig., § 1836; Pope's Dig., § 2355; A.S.A. 1947, § 27-2309.
Ark. Code Ann. § 16-124-105 — AR Code / Title 16 / Chapter 124 / Section 16-124-105
Action by drug user prohibited - Exceptions
Status: in_force

(a) (1) An individual drug user shall not bring an action for damages caused by the use of an illegal drug, except as otherwise provided in this subsection. (2) An individual drug user may bring an action for damages caused by the use of an illegal drug only if all of the following conditions are met: (A) The individual drug user personally discloses to narcotics enforcement authorities, more than six (6) months before filing the action, all the information known to the individual drug user regarding his or her source of illegal drugs; (B) The individual drug user has not used an illegal drug within the six (6) months before filing the action; and (C) The individual drug user continues to remain free of the use of an illegal drug throughout the pendency of the action. (b) A person entitled to bring an action under this section may seek damages only from a person who distributed, or is in the chain of distribution of, an illegal drug that was actually used by the individual drug user. (c) A person entitled to bring an action under this section may recover only the following damages: (1) Economic damages, including, but not limited to: (A) The cost of treatment, rehabilitation, and medical expenses; (B) Loss of economic or educational potential; (C) Loss of productivity; (D) Absenteeism; (E) Accidents or injury; and (F) Other pecuniary loss proximately caused by the person's illegal drug use; (2) Reasonable attorney's fees; and (3) Costs of suit, including, but not limited to, reasonable expenses for expert testimony. Acts 1995, No. 896, § 5.

(a) (1) An individual drug user shall not bring an action for damages caused by the use of an illegal drug, except as otherwise provided in this subsection. (2) An individual drug user may bring an action for damages caused by the use of an illegal drug only if all of the following conditions are met: (A) The individual drug user personally discloses to narcotics enforcement authorities, more than six (6) months before filing the action, all the information known to the individual drug user regarding his or her source of illegal drugs; (B) The individual drug user has not used an illegal drug within the six (6) months before filing the action; and (C) The individual drug user continues to remain free of the use of an illegal drug throughout the pendency of the action.

(1) An individual drug user shall not bring an action for damages caused by the use of an illegal drug, except as otherwise provided in this subsection.

(2) An individual drug user may bring an action for damages caused by the use of an illegal drug only if all of the following conditions are met: (A) The individual drug user personally discloses to narcotics enforcement authorities, more than six (6) months before filing the action, all the information known to the individual drug user regarding his or her source of illegal drugs; (B) The individual drug user has not used an illegal drug within the six (6) months before filing the action; and (C) The individual drug user continues to remain free of the use of an illegal drug throughout the pendency of the action.

(A) The individual drug user personally discloses to narcotics enforcement authorities, more than six (6) months before filing the action, all the information known to the individual drug user regarding his or her source of illegal drugs;

(B) The individual drug user has not used an illegal drug within the six (6) months before filing the action; and

(C) The individual drug user continues to remain free of the use of an illegal drug throughout the pendency of the action.

(b) A person entitled to bring an action under this section may seek damages only from a person who distributed, or is in the chain of distribution of, an illegal drug that was actually used by the individual drug user.

(c) A person entitled to bring an action under this section may recover only the following damages: (1) Economic damages, including, but not limited to: (A) The cost of treatment, rehabilitation, and medical expenses; (B) Loss of economic or educational potential; (C) Loss of productivity; (D) Absenteeism; (E) Accidents or injury; and (F) Other pecuniary loss proximately caused by the person's illegal drug use; (2) Reasonable attorney's fees; and (3) Costs of suit, including, but not limited to, reasonable expenses for expert testimony.

(1) Economic damages, including, but not limited to: (A) The cost of treatment, rehabilitation, and medical expenses; (B) Loss of economic or educational potential; (C) Loss of productivity; (D) Absenteeism; (E) Accidents or injury; and (F) Other pecuniary loss proximately caused by the person's illegal drug use;

(A) The cost of treatment, rehabilitation, and medical expenses;

(B) Loss of economic or educational potential;

(C) Loss of productivity;

(D) Absenteeism;

(E) Accidents or injury; and

(F) Other pecuniary loss proximately caused by the person's illegal drug use;

(2) Reasonable attorney's fees; and

(3) Costs of suit, including, but not limited to, reasonable expenses for expert testimony.

Acts 1995, No. 896, § 5.
Ark. Code Ann. § 16-13-3204 — AR Code / Title 16 / Chapter 13 / Subchapter 32 / Section 16-13-3204
Additional judges
Status: in_force

(a) At the 1998 general election, the qualified electors of the Eighth Judicial District-North shall elect two (2) circuit-chancery judges to take office on January 1, 1999. (b) At the 1998 general election, the qualified electors of the Eighth Judicial District-South shall elect three (3) circuit-chancery judges to take office on January 1, 1999. Acts 1997, No. 1270, § 4.

(a) At the 1998 general election, the qualified electors of the Eighth Judicial District-North shall elect two (2) circuit-chancery judges to take office on January 1, 1999.

(b) At the 1998 general election, the qualified electors of the Eighth Judicial District-South shall elect three (3) circuit-chancery judges to take office on January 1, 1999.

Acts 1997, No. 1270, § 4.
Ark. Code Ann. § 16-22-211 — AR Code / Title 16 / Chapter 22 / Subchapter 2 / Section 16-22-211
Corporations or associations - Practice of law or solicitation prohibited - Exceptions - Penalty
Status: in_force

(a) It shall be unlawful for any corporation or voluntary association to practice or appear as an attorney at law for any person in any court in this state or before any judicial body, to make it a business to practice as an attorney at law for any person in any of the courts, to hold itself out to the public as being entitled to practice law, to tender or furnish legal services or advice, to furnish attorneys or counsel, to render legal services of any kind in actions or proceedings of any nature or in any other way or manner, or in any other manner to assume to be entitled to practice law or to assume or advertise the title of lawyer or attorney, attorney at law, or equivalent terms in any language in such a manner as to convey the impression that it is entitled to practice law or to furnish legal advice, service, or counsel or to advertise that either alone or together with or by or through any person, whether a duly and regularly admitted attorney at law or not, it has, owns, conducts, or maintains a law office or any office for the practice of law or for furnishing legal advice, services, or counsel. (b) It also shall be unlawful for any corporation or voluntary association to solicit itself by or through its officers, agents, or employees any claim or demand for the purpose of bringing an action thereon or of representing as attorney at law or for furnishing legal advice, services, or counsel to a person sued or about to be sued in any action or proceeding or against whom an action or proceeding has been or is about to be brought, or who may be affected by any action or proceeding that has been or may be instituted in any court or before any judicial body, or for the purpose of so representing any person in the pursuit of any civil remedy. (c) The fact that any officer, trustee, director, agent, or employee shall be a duly and regularly admitted attorney at law shall not be held to permit or allow any such corporation or voluntary association to do the acts prohibited in this section, nor shall that fact be a defense upon the trial of any of the persons mentioned for a violation of the provisions of this section. (d) This section does not apply to a: (1) For-profit corporation or voluntary association lawfully engaged in: (A) The examination and insuring of titles to real property; or (B) Employing an attorney or attorneys in and about its own immediate affairs or in any litigation to which it is or may become a party; (2) Nonprofit corporation or voluntary association lawfully engaged in representing or assisting an indigent, poor, or disadvantaged person as a client in a civil or criminal matter, if any legal services rendered by the nonprofit corporation or voluntary association are furnished through licensed attorneys in accordance with rules governing the practice of law in Arkansas; or (3) Nonprofit corporation, voluntary association, or instrumentality of the government recognized under 26 U.S.C. § 115 that is engaged in representing or assisting as a client in a civil matter one (1) of the following entities, if any legal services rendered are furnished through licensed attorneys in accordance with rules governing the practice of law in Arkansas: (A) A city, county, or public school district; (B) The officers and employees of a city, county, or public school district; (C) A self-funding group of a city, county, or public school district as required under § 14-60-101 et seq., § 14-26-101 et seq., or § 6-17-1401 et seq.; or (D) A self-insurance risk pool of a city, county, or public school district. (e) (1) Nothing contained in this section shall be construed to prevent a corporation from furnishing to any person lawfully engaged in the practice of law such information or such clerical services in and about his or her professional work as may be lawful, except for the provisions of this section, if at all times the lawyer receiving such information or such services shall maintain full professional and direct responsibility to his or her clients for the information and services so received. (2) However, no corporation shall be permitted to render any services that cannot lawfully be rendered by a person not admitted to practice law in this state nor to solicit directly or indirectly professional employment for a lawyer. (f) (1) Any corporation or voluntary association violating any of the provisions of this section shall be guilty of a violation and punished by a fine of not less than one hundred dollars ($100) nor more than five thousand dollars ($5,000). (2) Every officer, trustee, director, agent, or employee of the corporation or voluntary association who directly or indirectly engages in any of the acts prohibited in this section or assists such a corporation or voluntary association to do such prohibited acts shall be guilty of a violation and shall be punished by a fine of not less than one hundred dollars ($100) nor more than five thousand dollars ($5,000). Amended by Act 2017, No. 558,§ 1, eff. 8/1/2017. Acts 1929, No. 182, §§ 1-6; Pope's Dig., §§ 3630-3635; Acts 1958 (2nd Ex. Sess.), No. 11, § 1; A.S.A. 1947, §§ 25-205 -- 25-210; Acts 2005, No. 1994, § 82; 2011, No. 858, § 1.

(a) It shall be unlawful for any corporation or voluntary association to practice or appear as an attorney at law for any person in any court in this state or before any judicial body, to make it a business to practice as an attorney at law for any person in any of the courts, to hold itself out to the public as being entitled to practice law, to tender or furnish legal services or advice, to furnish attorneys or counsel, to render legal services of any kind in actions or proceedings of any nature or in any other way or manner, or in any other manner to assume to be entitled to practice law or to assume or advertise the title of lawyer or attorney, attorney at law, or equivalent terms in any language in such a manner as to convey the impression that it is entitled to practice law or to furnish legal advice, service, or counsel or to advertise that either alone or together with or by or through any person, whether a duly and regularly admitted attorney at law or not, it has, owns, conducts, or maintains a law office or any office for the practice of law or for furnishing legal advice, services, or counsel.

(b) It also shall be unlawful for any corporation or voluntary association to solicit itself by or through its officers, agents, or employees any claim or demand for the purpose of bringing an action thereon or of representing as attorney at law or for furnishing legal advice, services, or counsel to a person sued or about to be sued in any action or proceeding or against whom an action or proceeding has been or is about to be brought, or who may be affected by any action or proceeding that has been or may be instituted in any court or before any judicial body, or for the purpose of so representing any person in the pursuit of any civil remedy.

(c) The fact that any officer, trustee, director, agent, or employee shall be a duly and regularly admitted attorney at law shall not be held to permit or allow any such corporation or voluntary association to do the acts prohibited in this section, nor shall that fact be a defense upon the trial of any of the persons mentioned for a violation of the provisions of this section.

(d) This section does not apply to a: (1) For-profit corporation or voluntary association lawfully engaged in: (A) The examination and insuring of titles to real property; or (B) Employing an attorney or attorneys in and about its own immediate affairs or in any litigation to which it is or may become a party; (2) Nonprofit corporation or voluntary association lawfully engaged in representing or assisting an indigent, poor, or disadvantaged person as a client in a civil or criminal matter, if any legal services rendered by the nonprofit corporation or voluntary association are furnished through licensed attorneys in accordance with rules governing the practice of law in Arkansas; or (3) Nonprofit corporation, voluntary association, or instrumentality of the government recognized under 26 U.S.C. § 115 that is engaged in representing or assisting as a client in a civil matter one (1) of the following entities, if any legal services rendered are furnished through licensed attorneys in accordance with rules governing the practice of law in Arkansas: (A) A city, county, or public school district; (B) The officers and employees of a city, county, or public school district; (C) A self-funding group of a city, county, or public school district as required under § 14-60-101 et seq., § 14-26-101 et seq., or § 6-17-1401 et seq.; or (D) A self-insurance risk pool of a city, county, or public school district.

(1) For-profit corporation or voluntary association lawfully engaged in: (A) The examination and insuring of titles to real property; or (B) Employing an attorney or attorneys in and about its own immediate affairs or in any litigation to which it is or may become a party;

(A) The examination and insuring of titles to real property; or

(B) Employing an attorney or attorneys in and about its own immediate affairs or in any litigation to which it is or may become a party;

(2) Nonprofit corporation or voluntary association lawfully engaged in representing or assisting an indigent, poor, or disadvantaged person as a client in a civil or criminal matter, if any legal services rendered by the nonprofit corporation or voluntary association are furnished through licensed attorneys in accordance with rules governing the practice of law in Arkansas; or

(3) Nonprofit corporation, voluntary association, or instrumentality of the government recognized under 26 U.S.C. § 115 that is engaged in representing or assisting as a client in a civil matter one (1) of the following entities, if any legal services rendered are furnished through licensed attorneys in accordance with rules governing the practice of law in Arkansas: (A) A city, county, or public school district; (B) The officers and employees of a city, county, or public school district; (C) A self-funding group of a city, county, or public school district as required under § 14-60-101 et seq., § 14-26-101 et seq., or § 6-17-1401 et seq.; or (D) A self-insurance risk pool of a city, county, or public school district.

(A) A city, county, or public school district;

(B) The officers and employees of a city, county, or public school district;

(C) A self-funding group of a city, county, or public school district as required under § 14-60-101 et seq., § 14-26-101 et seq., or § 6-17-1401 et seq.; or

(D) A self-insurance risk pool of a city, county, or public school district.

(e) (1) Nothing contained in this section shall be construed to prevent a corporation from furnishing to any person lawfully engaged in the practice of law such information or such clerical services in and about his or her professional work as may be lawful, except for the provisions of this section, if at all times the lawyer receiving such information or such services shall maintain full professional and direct responsibility to his or her clients for the information and services so received. (2) However, no corporation shall be permitted to render any services that cannot lawfully be rendered by a person not admitted to practice law in this state nor to solicit directly or indirectly professional employment for a lawyer.

(1) Nothing contained in this section shall be construed to prevent a corporation from furnishing to any person lawfully engaged in the practice of law such information or such clerical services in and about his or her professional work as may be lawful, except for the provisions of this section, if at all times the lawyer receiving such information or such services shall maintain full professional and direct responsibility to his or her clients for the information and services so received.

(2) However, no corporation shall be permitted to render any services that cannot lawfully be rendered by a person not admitted to practice law in this state nor to solicit directly or indirectly professional employment for a lawyer.

(f) (1) Any corporation or voluntary association violating any of the provisions of this section shall be guilty of a violation and punished by a fine of not less than one hundred dollars ($100) nor more than five thousand dollars ($5,000). (2) Every officer, trustee, director, agent, or employee of the corporation or voluntary association who directly or indirectly engages in any of the acts prohibited in this section or assists such a corporation or voluntary association to do such prohibited acts shall be guilty of a violation and shall be punished by a fine of not less than one hundred dollars ($100) nor more than five thousand dollars ($5,000).

(1) Any corporation or voluntary association violating any of the provisions of this section shall be guilty of a violation and punished by a fine of not less than one hundred dollars ($100) nor more than five thousand dollars ($5,000).

(2) Every officer, trustee, director, agent, or employee of the corporation or voluntary association who directly or indirectly engages in any of the acts prohibited in this section or assists such a corporation or voluntary association to do such prohibited acts shall be guilty of a violation and shall be punished by a fine of not less than one hundred dollars ($100) nor more than five thousand dollars ($5,000).

Amended by Act 2017, No. 558,§ 1, eff. 8/1/2017.

Acts 1929, No. 182, §§ 1-6; Pope's Dig., §§ 3630-3635; Acts 1958 (2nd Ex. Sess.), No. 11, § 1; A.S.A. 1947, §§ 25-205 -- 25-210; Acts 2005, No. 1994, § 82; 2011, No. 858, § 1.
Ark. Code Ann. § 16-93-610 — AR Code / Title 16 / Chapter 93 / Subchapter 6 / Section 16-93-610
Computation of sentence
Status: in_force

(a) Time served is deemed to begin on the day sentence is imposed, not on the day a prisoner is received by the Division of Correction. It shall continue only during the time in which a prisoner is actually confined in a county jail or other local place of lawful confinement or while under the custody and supervision of the division. (b) When the sentencing judge imposes sentence, he or she is to direct that the time already served by the defendant in jail or other place of detention is to be credited against the defendant. Amended by Act 2021, No. 475,§ 21, eff. 7/28/2021. Amended by Act 2019, No. 910,§ 911, eff. 7/1/2019. Acts 1968 (1st Ex. Sess.), No. 50, § 34; A.S.A. 1947, § 43-2813; Acts 2005, No. 1994, § 440.

(a) Time served is deemed to begin on the day sentence is imposed, not on the day a prisoner is received by the Division of Correction. It shall continue only during the time in which a prisoner is actually confined in a county jail or other local place of lawful confinement or while under the custody and supervision of the division.

(b) When the sentencing judge imposes sentence, he or she is to direct that the time already served by the defendant in jail or other place of detention is to be credited against the defendant.

Amended by Act 2021, No. 475,§ 21, eff. 7/28/2021.

Amended by Act 2019, No. 910,§ 911, eff. 7/1/2019.

Acts 1968 (1st Ex. Sess.), No. 50, § 34; A.S.A. 1947, § 43-2813; Acts 2005, No. 1994, § 440.
Ark. Code Ann. § 16-123-331 — AR Code / Title 16 / Chapter 123 / Subchapter 3 / Section 16-123-331
Administrative hearing
Status: in_force

(a) (1) If a timely election to commence a civil action is not made under § 16-123-329 , the Arkansas Fair Housing Commission shall provide for an administrative hearing on the charge. (2) (A) The administrative hearing will be adjudicated by the commission. (B) In that proceeding or any factually related proceeding under this section, no officer, employee, or agent of the State of Arkansas engaged in the performance of investigative, conciliatory, or prosecutorial functions in connection with the proceeding shall participate in or advise on the decision of the commission, except as a witness or counsel during the proceedings. (b) Except as provided in this section, the Arkansas Administrative Procedure Act, § 25-15-201 et seq., governs a hearing and an appeal of a hearing under this section. Acts 2001, No. 1785, § 32.

(a) (1) If a timely election to commence a civil action is not made under § 16-123-329 , the Arkansas Fair Housing Commission shall provide for an administrative hearing on the charge. (2) (A) The administrative hearing will be adjudicated by the commission. (B) In that proceeding or any factually related proceeding under this section, no officer, employee, or agent of the State of Arkansas engaged in the performance of investigative, conciliatory, or prosecutorial functions in connection with the proceeding shall participate in or advise on the decision of the commission, except as a witness or counsel during the proceedings.

(1) If a timely election to commence a civil action is not made under § 16-123-329 , the Arkansas Fair Housing Commission shall provide for an administrative hearing on the charge.

(2) (A) The administrative hearing will be adjudicated by the commission. (B) In that proceeding or any factually related proceeding under this section, no officer, employee, or agent of the State of Arkansas engaged in the performance of investigative, conciliatory, or prosecutorial functions in connection with the proceeding shall participate in or advise on the decision of the commission, except as a witness or counsel during the proceedings.

(A) The administrative hearing will be adjudicated by the commission.

(B) In that proceeding or any factually related proceeding under this section, no officer, employee, or agent of the State of Arkansas engaged in the performance of investigative, conciliatory, or prosecutorial functions in connection with the proceeding shall participate in or advise on the decision of the commission, except as a witness or counsel during the proceedings.

(b) Except as provided in this section, the Arkansas Administrative Procedure Act, § 25-15-201 et seq., governs a hearing and an appeal of a hearing under this section.

Acts 2001, No. 1785, § 32.
Ark. Code Ann. § 16-113-104 — AR Code / Title 16 / Chapter 113 / Subchapter 1 / Section 16-113-104
Writ abolished
Status: in_force

The writ of injunction is abolished. Civil Code, § 293; C. & M. Dig., § 5815; Pope's Dig., § 7531; A.S.A. 1947, § 32-101.

The writ of injunction is abolished.

Civil Code, § 293; C. & M. Dig., § 5815; Pope's Dig., § 7531; A.S.A. 1947, § 32-101.
Ark. Code Ann. § 16-123-602 — AR Code / Title 16 / Chapter 123 / Subchapter 6 / Section 16-123-602
Definitions
Status: in_force

As used in this subchapter: (1) "Discriminatory action" means any action taken by state government to: (A) Alter in any way the tax treatment of, or cause any tax, penalty, or payment to be assessed against, or deny, delay, revoke, or otherwise make unavailable an exemption from taxation of any person; (B) Disallow, deny, or otherwise make unavailable a deduction for state tax purposes of any charitable contribution made to or by any person; (C) Withhold, reduce, exclude, terminate, materially alter the terms or conditions of, or otherwise make unavailable, including by inserting contractual provisions that contradict a person's sincerely held religious beliefs, or deny any state grant, contract, subcontract, cooperative agreement, guarantee, loan, scholarship, or other similar benefit from or to such person; (D) Withhold, reduce, exclude, terminate, materially alter the terms or conditions of, or otherwise make unavailable or deny any entitlement or benefit under a state benefit program from or to a person; (E) Impose, levy, or assess a monetary fine, fee, penalty, damages award, or injunction upon a person; (F) Withhold, reduce, exclude, terminate, materially alter the terms or conditions of, or otherwise make unavailable or deny any license, certification, accreditation, custody award or agreement, diploma, grade, recognition, or other similar benefit, position, or status from or to any person; or (G) Refuse to hire or promote, force to resign, fire, demote, sanction, discipline, adversely alter the terms or conditions of employment, or retaliate or take other adverse employment action against a person employed or commissioned by state government; (2) "Person" means: (A) An individual, in his or her personal capacity regardless of religious affiliation or lack thereof, or in his or her capacity as a member, officer, owner, volunteer, employee, manager, religious leader, clergy, or minister of any religious organization; (B) A religious organization; (C) A sole proprietorship, partnership, trust, closely held corporation, or other closely held entity operating with a sincerely held religious belief, including a belief about biological sex or marriage; or (D) Cooperatives, ventures, or enterprises comprised of two (2) or more individuals or entities described in this subdivision (2) regardless of nonprofit or for-profit status; (3) "Religious organization" means: (A) A house of worship, including without limitation a church, synagogue, shrine, mosque, or temple; (B) A religious group, corporation, association, school or educational institution, ministry, order, society, or similar entity, regardless of whether it is integrated or affiliated with a house of worship; or (C) An officer, owner, employee, manager, religious leader, clergy, or minister of an entity or organization described in this subdivision (3); (4) "State benefit program" means any program administered, controlled, or funded by the state government, that provides cash, payments, grants, contracts, loans, or in-kind assistance; and (5) "State government" means: (A) The state or a political subdivision of the state; (B) An agency of the state or of a political subdivision of the state, including without limitation a department, bureau, board, commission, council, court, or public institution of higher education; and (C) Any person acting under color of state law or using any government instrumentality to enforce a law, regulation, rule, or policy of government. Added by Act 2023, No. 733,§ 5, eff. 8/1/2023.

As used in this subchapter:

(1) "Discriminatory action" means any action taken by state government to: (A) Alter in any way the tax treatment of, or cause any tax, penalty, or payment to be assessed against, or deny, delay, revoke, or otherwise make unavailable an exemption from taxation of any person; (B) Disallow, deny, or otherwise make unavailable a deduction for state tax purposes of any charitable contribution made to or by any person; (C) Withhold, reduce, exclude, terminate, materially alter the terms or conditions of, or otherwise make unavailable, including by inserting contractual provisions that contradict a person's sincerely held religious beliefs, or deny any state grant, contract, subcontract, cooperative agreement, guarantee, loan, scholarship, or other similar benefit from or to such person; (D) Withhold, reduce, exclude, terminate, materially alter the terms or conditions of, or otherwise make unavailable or deny any entitlement or benefit under a state benefit program from or to a person; (E) Impose, levy, or assess a monetary fine, fee, penalty, damages award, or injunction upon a person; (F) Withhold, reduce, exclude, terminate, materially alter the terms or conditions of, or otherwise make unavailable or deny any license, certification, accreditation, custody award or agreement, diploma, grade, recognition, or other similar benefit, position, or status from or to any person; or (G) Refuse to hire or promote, force to resign, fire, demote, sanction, discipline, adversely alter the terms or conditions of employment, or retaliate or take other adverse employment action against a person employed or commissioned by state government;

(A) Alter in any way the tax treatment of, or cause any tax, penalty, or payment to be assessed against, or deny, delay, revoke, or otherwise make unavailable an exemption from taxation of any person;

(B) Disallow, deny, or otherwise make unavailable a deduction for state tax purposes of any charitable contribution made to or by any person;

(C) Withhold, reduce, exclude, terminate, materially alter the terms or conditions of, or otherwise make unavailable, including by inserting contractual provisions that contradict a person's sincerely held religious beliefs, or deny any state grant, contract, subcontract, cooperative agreement, guarantee, loan, scholarship, or other similar benefit from or to such person;

(D) Withhold, reduce, exclude, terminate, materially alter the terms or conditions of, or otherwise make unavailable or deny any entitlement or benefit under a state benefit program from or to a person;

(E) Impose, levy, or assess a monetary fine, fee, penalty, damages award, or injunction upon a person;

(F) Withhold, reduce, exclude, terminate, materially alter the terms or conditions of, or otherwise make unavailable or deny any license, certification, accreditation, custody award or agreement, diploma, grade, recognition, or other similar benefit, position, or status from or to any person; or

(G) Refuse to hire or promote, force to resign, fire, demote, sanction, discipline, adversely alter the terms or conditions of employment, or retaliate or take other adverse employment action against a person employed or commissioned by state government;

(2) "Person" means: (A) An individual, in his or her personal capacity regardless of religious affiliation or lack thereof, or in his or her capacity as a member, officer, owner, volunteer, employee, manager, religious leader, clergy, or minister of any religious organization; (B) A religious organization; (C) A sole proprietorship, partnership, trust, closely held corporation, or other closely held entity operating with a sincerely held religious belief, including a belief about biological sex or marriage; or (D) Cooperatives, ventures, or enterprises comprised of two (2) or more individuals or entities described in this subdivision (2) regardless of nonprofit or for-profit status;

(A) An individual, in his or her personal capacity regardless of religious affiliation or lack thereof, or in his or her capacity as a member, officer, owner, volunteer, employee, manager, religious leader, clergy, or minister of any religious organization;

(B) A religious organization;

(C) A sole proprietorship, partnership, trust, closely held corporation, or other closely held entity operating with a sincerely held religious belief, including a belief about biological sex or marriage; or

(D) Cooperatives, ventures, or enterprises comprised of two (2) or more individuals or entities described in this subdivision (2) regardless of nonprofit or for-profit status;

(3) "Religious organization" means: (A) A house of worship, including without limitation a church, synagogue, shrine, mosque, or temple; (B) A religious group, corporation, association, school or educational institution, ministry, order, society, or similar entity, regardless of whether it is integrated or affiliated with a house of worship; or (C) An officer, owner, employee, manager, religious leader, clergy, or minister of an entity or organization described in this subdivision (3);

(A) A house of worship, including without limitation a church, synagogue, shrine, mosque, or temple;

(B) A religious group, corporation, association, school or educational institution, ministry, order, society, or similar entity, regardless of whether it is integrated or affiliated with a house of worship; or

(C) An officer, owner, employee, manager, religious leader, clergy, or minister of an entity or organization described in this subdivision (3);

(4) "State benefit program" means any program administered, controlled, or funded by the state government, that provides cash, payments, grants, contracts, loans, or in-kind assistance; and

(5) "State government" means: (A) The state or a political subdivision of the state; (B) An agency of the state or of a political subdivision of the state, including without limitation a department, bureau, board, commission, council, court, or public institution of higher education; and (C) Any person acting under color of state law or using any government instrumentality to enforce a law, regulation, rule, or policy of government.

(A) The state or a political subdivision of the state;

(B) An agency of the state or of a political subdivision of the state, including without limitation a department, bureau, board, commission, council, court, or public institution of higher education; and

(C) Any person acting under color of state law or using any government instrumentality to enforce a law, regulation, rule, or policy of government.

Added by Act 2023, No. 733,§ 5, eff. 8/1/2023.
Ark. Code Ann. § 16-66-413 — AR Code / Title 16 / Chapter 66 / Subchapter 4 / Section 16-66-413
Sale on credit
Status: in_force

(a) (1) In all cases where the right to stay the execution exists and is not exercised, sales under the execution shall be on a credit of three (3) months, upon the purchaser's giving bond and good security to the plaintiff in the execution for the payment of the sale money, bearing interest from date. (2) The bond may be in substance as follows: "A. B., principal, and C. D., surety, do bind ourselves to pay E. F., within three months from the date hereof, the sum of $ ..............., with interest thereon from this date, being the purchase money (here set out the several articles of property so purchased, with the price of each), which was this day sold by G. H., sheriff (or constable, as the case may be) of ............... County, in satisfaction of an execution which issued from the office of the Clerk of the ............... Circuit Court Clerk, (or K. L., a justice of the peace) on the ............... day of ..............., in favor of the said E. F., against M. O., for the sum of $ ............... debt or damages, with interest and costs. "Given under our hands, this ............... day of ..............., 20................" (b) (1) When property sold on credit sells for more than will satisfy the execution, costs, and commission, the officer making the sale shall take a bond payable to the defendant, the owner of the property, for the excess, similar in every other respect to that directed in subsection (a) of this section to be taken to the plaintiff, and to have the same force and effect, and on which the same proceedings may be had. (2) If the property is sold for cash in hand, any excess over satisfying the execution, charges, and commissions shall be paid over by the officer to the defendant whose property is sold. Civil Code, §§ 683, 684; C. & M. Dig., §§ 4318, 4319; Pope's Dig., §§ 5330, 5331; A.S.A. 1947, §§ 30-426, 30-427.

(a) (1) In all cases where the right to stay the execution exists and is not exercised, sales under the execution shall be on a credit of three (3) months, upon the purchaser's giving bond and good security to the plaintiff in the execution for the payment of the sale money, bearing interest from date. (2) The bond may be in substance as follows: "A. B., principal, and C. D., surety, do bind ourselves to pay E. F., within three months from the date hereof, the sum of $ ..............., with interest thereon from this date, being the purchase money (here set out the several articles of property so purchased, with the price of each), which was this day sold by G. H., sheriff (or constable, as the case may be) of ............... County, in satisfaction of an execution which issued from the office of the Clerk of the ............... Circuit Court Clerk, (or K. L., a justice of the peace) on the ............... day of ..............., in favor of the said E. F., against M. O., for the sum of $ ............... debt or damages, with interest and costs. "Given under our hands, this ............... day of ..............., 20................"

(1) In all cases where the right to stay the execution exists and is not exercised, sales under the execution shall be on a credit of three (3) months, upon the purchaser's giving bond and good security to the plaintiff in the execution for the payment of the sale money, bearing interest from date.

(2) The bond may be in substance as follows: "A. B., principal, and C. D., surety, do bind ourselves to pay E. F., within three months from the date hereof, the sum of $ ..............., with interest thereon from this date, being the purchase money (here set out the several articles of property so purchased, with the price of each), which was this day sold by G. H., sheriff (or constable, as the case may be) of ............... County, in satisfaction of an execution which issued from the office of the Clerk of the ............... Circuit Court Clerk, (or K. L., a justice of the peace) on the ............... day of ..............., in favor of the said E. F., against M. O., for the sum of $ ............... debt or damages, with interest and costs. "Given under our hands, this ............... day of ..............., 20................"

"A. B., principal, and C. D., surety, do bind ourselves to pay E. F., within three months from the date hereof, the sum of $ ..............., with interest thereon from this date, being the purchase money (here set out the several articles of property so purchased, with the price of each), which was this day sold by G. H., sheriff (or constable, as the case may be) of ............... County, in satisfaction of an execution which issued from the office of the Clerk of the ............... Circuit Court Clerk, (or K. L., a justice of the peace) on the ............... day of ..............., in favor of the said E. F., against M. O., for the sum of $ ............... debt or damages, with interest and costs.

"Given under our hands, this ............... day of ..............., 20................"

(b) (1) When property sold on credit sells for more than will satisfy the execution, costs, and commission, the officer making the sale shall take a bond payable to the defendant, the owner of the property, for the excess, similar in every other respect to that directed in subsection (a) of this section to be taken to the plaintiff, and to have the same force and effect, and on which the same proceedings may be had. (2) If the property is sold for cash in hand, any excess over satisfying the execution, charges, and commissions shall be paid over by the officer to the defendant whose property is sold.

(1) When property sold on credit sells for more than will satisfy the execution, costs, and commission, the officer making the sale shall take a bond payable to the defendant, the owner of the property, for the excess, similar in every other respect to that directed in subsection (a) of this section to be taken to the plaintiff, and to have the same force and effect, and on which the same proceedings may be had.

(2) If the property is sold for cash in hand, any excess over satisfying the execution, charges, and commissions shall be paid over by the officer to the defendant whose property is sold.

Civil Code, §§ 683, 684; C. & M. Dig., §§ 4318, 4319; Pope's Dig., §§ 5330, 5331; A.S.A. 1947, §§ 30-426, 30-427.
Ark. Code Ann. § 16-63-407 — AR Code / Title 16 / Chapter 63 / Subchapter 4 / Section 16-63-407
[Repealed]
Status: repealed

Repealed by Act 2013, No. 1148,§ 49, eff. 8/16/2013. Civil Code, § 102; C. & M. Dig., § 1077; Pope's Dig., § 1285; A.S.A. 1947, § 27-1408.

Repealed by Act 2013, No. 1148,§ 49, eff. 8/16/2013.

Civil Code, § 102; C. & M. Dig., § 1077; Pope's Dig., § 1285; A.S.A. 1947, § 27-1408.