Ark. Code Ann. § 16-87-205 — AR Code / Title 16 / Chapter 87 / Subchapter 2 / Section 16-87-205
Capital, Conflicts, and Appellate Office
Status: in_force

(a) There is hereby created the Capital, Conflicts, and Appellate Office to represent indigent defendants when the death penalty is sought and the trial public defender's office is unable to represent the defendant for the reasons set forth in subdivision (c)(1)(A) of this section. (b) The Capital, Conflicts, and Appellate Office shall operate under the supervision of the Executive Director of the Arkansas Public Defender Commission. (c) (1) The Arkansas Public Defender Commission shall be appointed by the trial court in the following situation: (A) (i) In capital murder cases in which the death penalty is sought if a conflict of interest is determined by the court to exist between the trial public defender's office and the indigent person or if for any other reason the court determines that the trial public defender cannot or should not represent the indigent person. (ii) The representation may be in conjunction with appointed private attorneys. (iii) In capital murder cases, unless the prosecuting attorney informs the circuit court at the arraignment of the defendant that the death penalty will not be sought, it shall be presumed for purposes of this section that the death penalty will be sought. (iv) (a) The executive director may assign the Capital, Conflicts, and Appellate Office, a trial public defender from another area, a private attorney whose name appears on a list of attorneys maintained by the commission, or a combination of private and public defender attorneys to represent the indigent person. (b) The executive director shall notify the trial court of the assignment and an order reflecting the assignment shall be entered. (2) (A) In noncapital cases, if a conflict of interest is determined by the court to exist between the trial public defender's office and the indigent person, or if for any other reason the court determines that the trial public defender cannot or should not represent the indigent person, then the court, if time permits shall contact the commission to determine if a public defender from an adjacent area is available for appointment. (B) (i) If time does not permit or if there is not a trial public defender from an adjacent area available, then the court may appoint a private attorney. (ii) The trial judge shall notify in writing the commission of the appointment, the type of case, and the reason for the appointment within twenty (20) days of the appointment. (d) To the extent money is appropriated, the executive director of the commission may hire attorneys, investigators, research assistants, and other staff as necessary to properly represent indigent persons. Acts 1993, No. 1193, § 7; 2001, No. 1799, § 2; 2003, No. 606, § 1.

(a) There is hereby created the Capital, Conflicts, and Appellate Office to represent indigent defendants when the death penalty is sought and the trial public defender's office is unable to represent the defendant for the reasons set forth in subdivision (c)(1)(A) of this section.

(b) The Capital, Conflicts, and Appellate Office shall operate under the supervision of the Executive Director of the Arkansas Public Defender Commission.

(c) (1) The Arkansas Public Defender Commission shall be appointed by the trial court in the following situation: (A) (i) In capital murder cases in which the death penalty is sought if a conflict of interest is determined by the court to exist between the trial public defender's office and the indigent person or if for any other reason the court determines that the trial public defender cannot or should not represent the indigent person. (ii) The representation may be in conjunction with appointed private attorneys. (iii) In capital murder cases, unless the prosecuting attorney informs the circuit court at the arraignment of the defendant that the death penalty will not be sought, it shall be presumed for purposes of this section that the death penalty will be sought. (iv) (a) The executive director may assign the Capital, Conflicts, and Appellate Office, a trial public defender from another area, a private attorney whose name appears on a list of attorneys maintained by the commission, or a combination of private and public defender attorneys to represent the indigent person. (b) The executive director shall notify the trial court of the assignment and an order reflecting the assignment shall be entered. (2) (A) In noncapital cases, if a conflict of interest is determined by the court to exist between the trial public defender's office and the indigent person, or if for any other reason the court determines that the trial public defender cannot or should not represent the indigent person, then the court, if time permits shall contact the commission to determine if a public defender from an adjacent area is available for appointment. (B) (i) If time does not permit or if there is not a trial public defender from an adjacent area available, then the court may appoint a private attorney. (ii) The trial judge shall notify in writing the commission of the appointment, the type of case, and the reason for the appointment within twenty (20) days of the appointment.

(1) The Arkansas Public Defender Commission shall be appointed by the trial court in the following situation: (A) (i) In capital murder cases in which the death penalty is sought if a conflict of interest is determined by the court to exist between the trial public defender's office and the indigent person or if for any other reason the court determines that the trial public defender cannot or should not represent the indigent person. (ii) The representation may be in conjunction with appointed private attorneys. (iii) In capital murder cases, unless the prosecuting attorney informs the circuit court at the arraignment of the defendant that the death penalty will not be sought, it shall be presumed for purposes of this section that the death penalty will be sought. (iv) (a) The executive director may assign the Capital, Conflicts, and Appellate Office, a trial public defender from another area, a private attorney whose name appears on a list of attorneys maintained by the commission, or a combination of private and public defender attorneys to represent the indigent person. (b) The executive director shall notify the trial court of the assignment and an order reflecting the assignment shall be entered.

(A) (i) In capital murder cases in which the death penalty is sought if a conflict of interest is determined by the court to exist between the trial public defender's office and the indigent person or if for any other reason the court determines that the trial public defender cannot or should not represent the indigent person. (ii) The representation may be in conjunction with appointed private attorneys. (iii) In capital murder cases, unless the prosecuting attorney informs the circuit court at the arraignment of the defendant that the death penalty will not be sought, it shall be presumed for purposes of this section that the death penalty will be sought. (iv) (a) The executive director may assign the Capital, Conflicts, and Appellate Office, a trial public defender from another area, a private attorney whose name appears on a list of attorneys maintained by the commission, or a combination of private and public defender attorneys to represent the indigent person. (b) The executive director shall notify the trial court of the assignment and an order reflecting the assignment shall be entered.

(i) In capital murder cases in which the death penalty is sought if a conflict of interest is determined by the court to exist between the trial public defender's office and the indigent person or if for any other reason the court determines that the trial public defender cannot or should not represent the indigent person.

(ii) The representation may be in conjunction with appointed private attorneys.

(iii) In capital murder cases, unless the prosecuting attorney informs the circuit court at the arraignment of the defendant that the death penalty will not be sought, it shall be presumed for purposes of this section that the death penalty will be sought.

(iv) (a) The executive director may assign the Capital, Conflicts, and Appellate Office, a trial public defender from another area, a private attorney whose name appears on a list of attorneys maintained by the commission, or a combination of private and public defender attorneys to represent the indigent person. (b) The executive director shall notify the trial court of the assignment and an order reflecting the assignment shall be entered.

(a) The executive director may assign the Capital, Conflicts, and Appellate Office, a trial public defender from another area, a private attorney whose name appears on a list of attorneys maintained by the commission, or a combination of private and public defender attorneys to represent the indigent person.

(b) The executive director shall notify the trial court of the assignment and an order reflecting the assignment shall be entered.

(2) (A) In noncapital cases, if a conflict of interest is determined by the court to exist between the trial public defender's office and the indigent person, or if for any other reason the court determines that the trial public defender cannot or should not represent the indigent person, then the court, if time permits shall contact the commission to determine if a public defender from an adjacent area is available for appointment. (B) (i) If time does not permit or if there is not a trial public defender from an adjacent area available, then the court may appoint a private attorney. (ii) The trial judge shall notify in writing the commission of the appointment, the type of case, and the reason for the appointment within twenty (20) days of the appointment.

(A) In noncapital cases, if a conflict of interest is determined by the court to exist between the trial public defender's office and the indigent person, or if for any other reason the court determines that the trial public defender cannot or should not represent the indigent person, then the court, if time permits shall contact the commission to determine if a public defender from an adjacent area is available for appointment.

(B) (i) If time does not permit or if there is not a trial public defender from an adjacent area available, then the court may appoint a private attorney. (ii) The trial judge shall notify in writing the commission of the appointment, the type of case, and the reason for the appointment within twenty (20) days of the appointment.

(i) If time does not permit or if there is not a trial public defender from an adjacent area available, then the court may appoint a private attorney.

(ii) The trial judge shall notify in writing the commission of the appointment, the type of case, and the reason for the appointment within twenty (20) days of the appointment.

(d) To the extent money is appropriated, the executive director of the commission may hire attorneys, investigators, research assistants, and other staff as necessary to properly represent indigent persons.

Acts 1993, No. 1193, § 7; 2001, No. 1799, § 2; 2003, No. 606, § 1.
Ark. Code Ann. § 16-89-118 — AR Code / Title 16 / Chapter 89 / Section 16-89-118
Conduct of jury
Status: in_force

(a) (1) In the discretion of the court, the jurors may be permitted to separate or be kept together in the charge of proper officers before the case is submitted to them. The officers must be sworn to keep the jury together during the adjournment of the court and to suffer no person to speak to or communicate with them on any subject connected with the trial, nor to do so themselves. (2) Whether permitted to separate or kept in the charge of officers, the jury must be admonished by the court that it is their duty not to permit anyone to speak to or communicate with them on any subject connected with the trial and that all attempts to do so should be immediately reported by them to the court, and that they should not converse among themselves on any subject connected with the trial or form or express any opinion thereon until the cause is finally submitted to them. This admonition must be given or referred to by the court at each adjournment. (b) (1) When, in the opinion of the court, it is necessary that the jury should view the place in which the offense is charged to have been committed or in which any other material fact occurred, it may order the jury to be conducted in a body, in the custody of proper officers, to the place, which must be shown to them by the judge or by a person appointed by the court for that purpose. (2) The officers must be sworn to suffer no person to speak or communicate with the jury on any subject connected with the trial, nor do so themselves, except for the mere showing of the place to be viewed, and to return them into court without unnecessary delay or at a specified time. Crim. Code, §§ 235, 243, 244; C. & M. Dig., §§ 3176, 3177, 3187, 3188; Pope's Dig., §§ 4012, 4013, 4023, 4024; A.S.A. 1947, §§ 43-2119 -- 43-2122.

(a) (1) In the discretion of the court, the jurors may be permitted to separate or be kept together in the charge of proper officers before the case is submitted to them. The officers must be sworn to keep the jury together during the adjournment of the court and to suffer no person to speak to or communicate with them on any subject connected with the trial, nor to do so themselves. (2) Whether permitted to separate or kept in the charge of officers, the jury must be admonished by the court that it is their duty not to permit anyone to speak to or communicate with them on any subject connected with the trial and that all attempts to do so should be immediately reported by them to the court, and that they should not converse among themselves on any subject connected with the trial or form or express any opinion thereon until the cause is finally submitted to them. This admonition must be given or referred to by the court at each adjournment.

(1) In the discretion of the court, the jurors may be permitted to separate or be kept together in the charge of proper officers before the case is submitted to them. The officers must be sworn to keep the jury together during the adjournment of the court and to suffer no person to speak to or communicate with them on any subject connected with the trial, nor to do so themselves.

(2) Whether permitted to separate or kept in the charge of officers, the jury must be admonished by the court that it is their duty not to permit anyone to speak to or communicate with them on any subject connected with the trial and that all attempts to do so should be immediately reported by them to the court, and that they should not converse among themselves on any subject connected with the trial or form or express any opinion thereon until the cause is finally submitted to them. This admonition must be given or referred to by the court at each adjournment.

(b) (1) When, in the opinion of the court, it is necessary that the jury should view the place in which the offense is charged to have been committed or in which any other material fact occurred, it may order the jury to be conducted in a body, in the custody of proper officers, to the place, which must be shown to them by the judge or by a person appointed by the court for that purpose. (2) The officers must be sworn to suffer no person to speak or communicate with the jury on any subject connected with the trial, nor do so themselves, except for the mere showing of the place to be viewed, and to return them into court without unnecessary delay or at a specified time.

(1) When, in the opinion of the court, it is necessary that the jury should view the place in which the offense is charged to have been committed or in which any other material fact occurred, it may order the jury to be conducted in a body, in the custody of proper officers, to the place, which must be shown to them by the judge or by a person appointed by the court for that purpose.

(2) The officers must be sworn to suffer no person to speak or communicate with the jury on any subject connected with the trial, nor do so themselves, except for the mere showing of the place to be viewed, and to return them into court without unnecessary delay or at a specified time.

Crim. Code, §§ 235, 243, 244; C. & M. Dig., §§ 3176, 3177, 3187, 3188; Pope's Dig., §§ 4012, 4013, 4023, 4024; A.S.A. 1947, §§ 43-2119 -- 43-2122.
Ark. Code Ann. § 16-66-114 — AR Code / Title 16 / Chapter 66 / Subchapter 1 / Section 16-66-114
Execution against corporations - Attachment
Status: in_force

(a) The first process upon a judgment against any private corporation shall be a fieri facias, which the sheriff or other officer shall levy on the moneys, goods and chattels, and lands and tenements of the corporation, and upon which he or she shall proceed as in other cases. (b) If the sheriff or other officer returns upon any writ of fieri facias that no goods and chattels and lands and tenements can be found whereon to levy or if the property taken is not sufficient to satisfy the judgment, interest, and costs, then upon the application of the plaintiff or his or her attorney, the circuit court shall issue a writ of attachment against the rights and credits of the corporation, reciting the judgment, execution, and return, which shall be directed to the sheriff of the proper county. (c) The attachment shall be executed by summoning as garnishee any person having any moneys or effects belonging to the corporation and any debtor to the corporation who may be found within the county to appear before the circuit court at the return of the writ and answer touching any moneys or effects of the corporation in his or her hands or any debt he or she may owe to the corporation. (d) From the time of making service, all moneys and effects due and owing, payable, or belonging to the corporation shall be bound until the judgment is satisfied. No payment made thereafter to the corporation or other disposition of any debts, moneys, or effects so attached shall be credited to the garnishee making the payment nor shall the stock owned by the person in the corporation be allowed as a setoff. (e) Proceedings against garnishees under the provisions of this section shall be the same as against the garnishees summoned in the case of absent and absconding debtors. However, no judgment shall be rendered against a garnishee for any debt to become due at a future day until after the debt shall become due. (f) For all moneys paid by any garnishee under the provisions of this section, he or she shall have credit against the corporation to whom it is due. (g) If a sufficient sum is not made to satisfy the judgment and costs, other writs of attachment may be issued as provided in this section, from time to time, until the whole is satisfied. (h) If any money remains in the hands of the officer after satisfying the judgment and all costs, he or she shall pay the money to the corporation or its order. (i) Nothing in the provisions of this section shall be so construed as to authorize the sale of any real or personal property belonging to the state or to any county, city, town, borough, or other public or municipal corporation regularly incorporated according to law, by virtue of any execution. Rev. Stat., ch. 33, §§ 7-15; C. & M. Dig., §§ 4274, 4345-4352; Pope's Dig., §§ 5286, 5357-5364; A.S.A. 1947, §§ 30-801 -- 30-809.

(a) The first process upon a judgment against any private corporation shall be a fieri facias, which the sheriff or other officer shall levy on the moneys, goods and chattels, and lands and tenements of the corporation, and upon which he or she shall proceed as in other cases.

(b) If the sheriff or other officer returns upon any writ of fieri facias that no goods and chattels and lands and tenements can be found whereon to levy or if the property taken is not sufficient to satisfy the judgment, interest, and costs, then upon the application of the plaintiff or his or her attorney, the circuit court shall issue a writ of attachment against the rights and credits of the corporation, reciting the judgment, execution, and return, which shall be directed to the sheriff of the proper county.

(c) The attachment shall be executed by summoning as garnishee any person having any moneys or effects belonging to the corporation and any debtor to the corporation who may be found within the county to appear before the circuit court at the return of the writ and answer touching any moneys or effects of the corporation in his or her hands or any debt he or she may owe to the corporation.

(d) From the time of making service, all moneys and effects due and owing, payable, or belonging to the corporation shall be bound until the judgment is satisfied. No payment made thereafter to the corporation or other disposition of any debts, moneys, or effects so attached shall be credited to the garnishee making the payment nor shall the stock owned by the person in the corporation be allowed as a setoff.

(e) Proceedings against garnishees under the provisions of this section shall be the same as against the garnishees summoned in the case of absent and absconding debtors. However, no judgment shall be rendered against a garnishee for any debt to become due at a future day until after the debt shall become due.

(f) For all moneys paid by any garnishee under the provisions of this section, he or she shall have credit against the corporation to whom it is due.

(g) If a sufficient sum is not made to satisfy the judgment and costs, other writs of attachment may be issued as provided in this section, from time to time, until the whole is satisfied.

(h) If any money remains in the hands of the officer after satisfying the judgment and all costs, he or she shall pay the money to the corporation or its order.

(i) Nothing in the provisions of this section shall be so construed as to authorize the sale of any real or personal property belonging to the state or to any county, city, town, borough, or other public or municipal corporation regularly incorporated according to law, by virtue of any execution.

Rev. Stat., ch. 33, §§ 7-15; C. & M. Dig., §§ 4274, 4345-4352; Pope's Dig., §§ 5286, 5357-5364; A.S.A. 1947, §§ 30-801 -- 30-809.
Ark. Code Ann. § 16-13-2104 — AR Code / Title 16 / Chapter 13 / Subchapter 21 / Section 16-13-2104
Divisions of court
Status: in_force

(a) There shall be four (4) divisions of circuit court and five (5) divisions of chancery court in the Thirteenth Judicial District of Arkansas as established in § 16-13-2103 . (b) A judge shall be elected for each division of the circuit and chancery courts of the Thirteenth Judicial District, and candidates for the offices shall designate and qualify as candidates for the particular division of the court to which they seek election. (c) (1) The judges of the circuit court may try cases, hear matters, make orders, and take action in any division of the court and may assign or reassign any case from one (1) division to another by administrative order of the judges of the Thirteenth Judicial District. (2) The judges of the chancery court may try cases, hear matters, make orders, and take action in any division of the court and may assign or reassign any case from one (1) division to another by administrative order of the judges of the Thirteenth Judicial District. (3) The clerks of the circuit and chancery courts shall assign cases to the divisions therein in accordance with administrative orders of the judges of the Thirteenth Judicial District. (d) Each division may have separate petit juries, or the divisions by concurrence of the judges may share a single petit jury wheel or box, or a single list of petit jurors. (e) If any additional judgeship is created, the divisions created in subsection (a) of this section shall increase in accordance with the number of additional judgeships created. Acts 1979, No. 771, §§ 1, 4-9; A.S.A. 1947, §§ 22-333.19, 22-333.22 -- 22-333.27; Acts 1997, No. 1141, § 2; 1999, No. 5, § 2.

(a) There shall be four (4) divisions of circuit court and five (5) divisions of chancery court in the Thirteenth Judicial District of Arkansas as established in § 16-13-2103 .

(b) A judge shall be elected for each division of the circuit and chancery courts of the Thirteenth Judicial District, and candidates for the offices shall designate and qualify as candidates for the particular division of the court to which they seek election.

(c) (1) The judges of the circuit court may try cases, hear matters, make orders, and take action in any division of the court and may assign or reassign any case from one (1) division to another by administrative order of the judges of the Thirteenth Judicial District. (2) The judges of the chancery court may try cases, hear matters, make orders, and take action in any division of the court and may assign or reassign any case from one (1) division to another by administrative order of the judges of the Thirteenth Judicial District. (3) The clerks of the circuit and chancery courts shall assign cases to the divisions therein in accordance with administrative orders of the judges of the Thirteenth Judicial District.

(1) The judges of the circuit court may try cases, hear matters, make orders, and take action in any division of the court and may assign or reassign any case from one (1) division to another by administrative order of the judges of the Thirteenth Judicial District.

(2) The judges of the chancery court may try cases, hear matters, make orders, and take action in any division of the court and may assign or reassign any case from one (1) division to another by administrative order of the judges of the Thirteenth Judicial District.

(3) The clerks of the circuit and chancery courts shall assign cases to the divisions therein in accordance with administrative orders of the judges of the Thirteenth Judicial District.

(d) Each division may have separate petit juries, or the divisions by concurrence of the judges may share a single petit jury wheel or box, or a single list of petit jurors.

(e) If any additional judgeship is created, the divisions created in subsection (a) of this section shall increase in accordance with the number of additional judgeships created.

Acts 1979, No. 771, §§ 1, 4-9; A.S.A. 1947, §§ 22-333.19, 22-333.22 -- 22-333.27; Acts 1997, No. 1141, § 2; 1999, No. 5, § 2.
Ark. Code Ann. § 16-90-1417 — AR Code / Title 16 / Chapter 90 / Subchapter 14 / Section 16-90-1417
Effect of sealing
Status: in_force

(a) (1) A person whose record has been sealed under this subchapter shall have all privileges and rights restored, and the record that has been sealed shall not affect any of his or her civil rights or liberties unless otherwise specifically provided by law. (2) A person who wants to reacquire the right to vote removed from him or her as the result of a felony conviction must follow the procedures in Arkansas Constitution, Amendment 51, § 11. (3) The effect of this subchapter does not reconfer the right to carry a firearm if that right was removed as the result of a felony conviction. (b) (1) Upon the entry of the uniform order, the person's underlying conduct shall be deemed as a matter of law never to have occurred, and the person may state that the underlying conduct did not occur and that a record of the person that was sealed does not exist. (2) This subchapter does not prevent the use of the record of a prior conviction otherwise sealed under this subchapter for the following purposes: (A) A criminal proceeding for any purpose not otherwise prohibited by law; (B) Determination of offender status under the former § 5-64-413 ; (C) Habitual offender status, § 5-4-501 et seq.; (D) Impeachment upon cross-examination as dictated by the Arkansas Rules of Evidence; (E) Healthcare professional licensure by a state agency or board; (F) Any disclosure mandated by Rule 17, 18, or 19 of the Arkansas Rules of Criminal Procedure; or (G) Determination of certification, eligibility for certification, or of the ability to act as a law enforcement officer, by the Arkansas Commission on Law Enforcement Standards and Training. Amended by Act 2019, No. 151,§ 12, eff. 7/24/2019. Amended by Act 2017, No. 139,§ 2, eff. 8/1/2017. Added by Act 2013, No. 1460,§ 9, eff. 1/1/2014.

(a) (1) A person whose record has been sealed under this subchapter shall have all privileges and rights restored, and the record that has been sealed shall not affect any of his or her civil rights or liberties unless otherwise specifically provided by law. (2) A person who wants to reacquire the right to vote removed from him or her as the result of a felony conviction must follow the procedures in Arkansas Constitution, Amendment 51, § 11. (3) The effect of this subchapter does not reconfer the right to carry a firearm if that right was removed as the result of a felony conviction.

(1) A person whose record has been sealed under this subchapter shall have all privileges and rights restored, and the record that has been sealed shall not affect any of his or her civil rights or liberties unless otherwise specifically provided by law.

(2) A person who wants to reacquire the right to vote removed from him or her as the result of a felony conviction must follow the procedures in Arkansas Constitution, Amendment 51, § 11.

(3) The effect of this subchapter does not reconfer the right to carry a firearm if that right was removed as the result of a felony conviction.

(b) (1) Upon the entry of the uniform order, the person's underlying conduct shall be deemed as a matter of law never to have occurred, and the person may state that the underlying conduct did not occur and that a record of the person that was sealed does not exist. (2) This subchapter does not prevent the use of the record of a prior conviction otherwise sealed under this subchapter for the following purposes: (A) A criminal proceeding for any purpose not otherwise prohibited by law; (B) Determination of offender status under the former § 5-64-413 ; (C) Habitual offender status, § 5-4-501 et seq.; (D) Impeachment upon cross-examination as dictated by the Arkansas Rules of Evidence; (E) Healthcare professional licensure by a state agency or board; (F) Any disclosure mandated by Rule 17, 18, or 19 of the Arkansas Rules of Criminal Procedure; or (G) Determination of certification, eligibility for certification, or of the ability to act as a law enforcement officer, by the Arkansas Commission on Law Enforcement Standards and Training.

(1) Upon the entry of the uniform order, the person's underlying conduct shall be deemed as a matter of law never to have occurred, and the person may state that the underlying conduct did not occur and that a record of the person that was sealed does not exist.

(2) This subchapter does not prevent the use of the record of a prior conviction otherwise sealed under this subchapter for the following purposes: (A) A criminal proceeding for any purpose not otherwise prohibited by law; (B) Determination of offender status under the former § 5-64-413 ; (C) Habitual offender status, § 5-4-501 et seq.; (D) Impeachment upon cross-examination as dictated by the Arkansas Rules of Evidence; (E) Healthcare professional licensure by a state agency or board; (F) Any disclosure mandated by Rule 17, 18, or 19 of the Arkansas Rules of Criminal Procedure; or (G) Determination of certification, eligibility for certification, or of the ability to act as a law enforcement officer, by the Arkansas Commission on Law Enforcement Standards and Training.

(A) A criminal proceeding for any purpose not otherwise prohibited by law;

(B) Determination of offender status under the former § 5-64-413 ;

(C) Habitual offender status, § 5-4-501 et seq.;

(D) Impeachment upon cross-examination as dictated by the Arkansas Rules of Evidence;

(E) Healthcare professional licensure by a state agency or board;

(F) Any disclosure mandated by Rule 17, 18, or 19 of the Arkansas Rules of Criminal Procedure; or

(G) Determination of certification, eligibility for certification, or of the ability to act as a law enforcement officer, by the Arkansas Commission on Law Enforcement Standards and Training.

Amended by Act 2019, No. 151,§ 12, eff. 7/24/2019.

Amended by Act 2017, No. 139,§ 2, eff. 8/1/2017.

Added by Act 2013, No. 1460,§ 9, eff. 1/1/2014.
Ark. Code Ann. § 16-89-101 — AR Code / Title 16 / Chapter 89 / Section 16-89-101
Trial times and postponements
Status: in_force

(a) (1) When any circuit court is duly convened for a regular term, the court shall remain open for all criminal proceedings until its next regular term and may be in session at any time the judge thereof may deem necessary. However, no session shall interfere with any other court to be held by the same judge. (2) If the time has not been previously fixed by the court, or unless in such cases they are required by law to take notice, all interested parties shall receive notice of any proceeding affecting their rights and shall be given time to prepare to meet the proceeding. (b) (1) If the defendant is in custody or on bail when the indictment is found, the trial may take place at the same term of the court on a day to be fixed by the court. (2) If not tried at the same term, all indictments, together with all other criminal prosecutions and penal actions, shall be docketed for the first day of the next term of the court unless a different day is fixed by the order of the court. (3) All prosecutions shall stand for trial on the day to which they are docketed, where the defendant is in custody, on bail, or has been summoned three (3) days before the commencement of the term. (c) (1) When an indictment is called for trial, or at any time previous thereto, the court upon sufficient cause shown by either party may direct the trial to be postponed to another day in the same term or to another term. (2) The provisions of the Code of Practice in Civil Cases of 1869, in regard to postponements of the trial of actions, shall apply to the postponement of prosecutions on behalf of a defendant. (d) The prosecuting attorney shall not be required, in order to obtain a continuance of a criminal case, to make an affidavit to the causes for continuance. His official statement in writing shall be sufficient. Rev. Stat., ch. 45, § 159; Crim. Code, §§ 186-190; C. & M. Dig., §§ 3126-3131; Init. Meas. 1936, No. 3, § 31, Acts 1937, p. 1384; Pope's Dig., §§ 3961-3967; A.S.A. 1947, §§ 43-1701 -- 43-1707.

(a) (1) When any circuit court is duly convened for a regular term, the court shall remain open for all criminal proceedings until its next regular term and may be in session at any time the judge thereof may deem necessary. However, no session shall interfere with any other court to be held by the same judge. (2) If the time has not been previously fixed by the court, or unless in such cases they are required by law to take notice, all interested parties shall receive notice of any proceeding affecting their rights and shall be given time to prepare to meet the proceeding.

(1) When any circuit court is duly convened for a regular term, the court shall remain open for all criminal proceedings until its next regular term and may be in session at any time the judge thereof may deem necessary. However, no session shall interfere with any other court to be held by the same judge.

(2) If the time has not been previously fixed by the court, or unless in such cases they are required by law to take notice, all interested parties shall receive notice of any proceeding affecting their rights and shall be given time to prepare to meet the proceeding.

(b) (1) If the defendant is in custody or on bail when the indictment is found, the trial may take place at the same term of the court on a day to be fixed by the court. (2) If not tried at the same term, all indictments, together with all other criminal prosecutions and penal actions, shall be docketed for the first day of the next term of the court unless a different day is fixed by the order of the court. (3) All prosecutions shall stand for trial on the day to which they are docketed, where the defendant is in custody, on bail, or has been summoned three (3) days before the commencement of the term.

(1) If the defendant is in custody or on bail when the indictment is found, the trial may take place at the same term of the court on a day to be fixed by the court.

(2) If not tried at the same term, all indictments, together with all other criminal prosecutions and penal actions, shall be docketed for the first day of the next term of the court unless a different day is fixed by the order of the court.

(3) All prosecutions shall stand for trial on the day to which they are docketed, where the defendant is in custody, on bail, or has been summoned three (3) days before the commencement of the term.

(c) (1) When an indictment is called for trial, or at any time previous thereto, the court upon sufficient cause shown by either party may direct the trial to be postponed to another day in the same term or to another term. (2) The provisions of the Code of Practice in Civil Cases of 1869, in regard to postponements of the trial of actions, shall apply to the postponement of prosecutions on behalf of a defendant.

(1) When an indictment is called for trial, or at any time previous thereto, the court upon sufficient cause shown by either party may direct the trial to be postponed to another day in the same term or to another term.

(2) The provisions of the Code of Practice in Civil Cases of 1869, in regard to postponements of the trial of actions, shall apply to the postponement of prosecutions on behalf of a defendant.

(d) The prosecuting attorney shall not be required, in order to obtain a continuance of a criminal case, to make an affidavit to the causes for continuance. His official statement in writing shall be sufficient.

Rev. Stat., ch. 45, § 159; Crim. Code, §§ 186-190; C. & M. Dig., §§ 3126-3131; Init. Meas. 1936, No. 3, § 31, Acts 1937, p. 1384; Pope's Dig., §§ 3961-3967; A.S.A. 1947, §§ 43-1701 -- 43-1707.
Ark. Code Ann. § 16-10-1001 — AR Code / Title 16 / Chapter 10 / Subchapter 10 / Section 16-10-1001
Title
Status: in_force

This subchapter shall be known as the "Arkansas Court Security Act". Acts 2007, No. 576, § 1.

This subchapter shall be known as the "Arkansas Court Security Act".

Acts 2007, No. 576, § 1.
Ark. Code Ann. § 16-56-120 — AR Code / Title 16 / Chapter 56 / Subchapter 1 / Section 16-56-120
Prevention of commencement of action by party
Status: in_force

If any person, by leaving the county, absconding, or concealing himself, or by any other improper act of his own, prevents the commencement of any action specified in this act, the action may be commenced within the times respectively limited after the commencement of the action shall have ceased to be so prevented. Rev. Stat., ch. 91, § 26; C. & M. Dig., § 6974; Pope's Dig., § 8952; A.S.A. 1947, § 37-229.

If any person, by leaving the county, absconding, or concealing himself, or by any other improper act of his own, prevents the commencement of any action specified in this act, the action may be commenced within the times respectively limited after the commencement of the action shall have ceased to be so prevented.

Rev. Stat., ch. 91, § 26; C. & M. Dig., § 6974; Pope's Dig., § 8952; A.S.A. 1947, § 37-229.
Ark. Code Ann. § 16-7-103 — AR Code / Title 16 / Chapter 7 / Subchapter 1 / Section 16-7-103
Staffing
Status: in_force

(a) General staff support, facilities, and operating assistance for the Arkansas Alternative Dispute Resolution Commission shall be provided by the Administrative Office of the Courts from funds appropriated for that purpose by the General Assembly. (b) The commission shall select a Coordinator of Alternative Dispute Resolution Programs who shall be an employee of the Administrative Office of the Courts. (c) Other employees may be added by the commission as are needed to carry out the purposes of this subchapter. Acts 1995, No. 673, § 6.

(a) General staff support, facilities, and operating assistance for the Arkansas Alternative Dispute Resolution Commission shall be provided by the Administrative Office of the Courts from funds appropriated for that purpose by the General Assembly.

(b) The commission shall select a Coordinator of Alternative Dispute Resolution Programs who shall be an employee of the Administrative Office of the Courts.

(c) Other employees may be added by the commission as are needed to carry out the purposes of this subchapter.

Acts 1995, No. 673, § 6.
Ark. Code Ann. § 16-108-233 — AR Code / Title 16 / Chapter 108 / Subchapter 2 / Section 16-108-233
Savings clause - Certain actions excluded
Status: in_force

(a) This subchapter does not affect an action or proceeding commenced or a right accrued before this subchapter takes effect. (b) This subchapter does not apply to: (1) Personal injury or tort matters; (2) Employer-employee disputes; or (3) An insured or beneficiary under any insurance policy or annuity contract. Acts 1969, No. 260, § 20; A.S.A. 1947, § 34-530; Acts 2011, No. 695, § 1.

(a) This subchapter does not affect an action or proceeding commenced or a right accrued before this subchapter takes effect.

(b) This subchapter does not apply to: (1) Personal injury or tort matters; (2) Employer-employee disputes; or (3) An insured or beneficiary under any insurance policy or annuity contract.

(1) Personal injury or tort matters;

(2) Employer-employee disputes; or

(3) An insured or beneficiary under any insurance policy or annuity contract.

Acts 1969, No. 260, § 20; A.S.A. 1947, § 34-530; Acts 2011, No. 695, § 1.
Ark. Code Ann. § 16-66-218 — AR Code / Title 16 / Chapter 66 / Subchapter 2 / Section 16-66-218
Exemptions from execution under federal bankruptcy proceedings
Status: in_force

(a) The following property shall be exempt from execution under bankruptcy proceedings pursuant to Pub. L. No. 95-598: (1) The unmarried debtor's aggregate interest, not exceeding eight hundred dollars ($800) in value, and the married debtor's aggregate interest, not exceeding one thousand two hundred fifty dollars ($1,250) in value, in real or personal property that the debtor or a dependent of the debtor uses as a residence, in a cooperative that owns property that the debtor or a dependent of the debtor uses as a residence, or in a burial plot for the debtor or a dependent of the debtor; (2) The debtor's interest, not to exceed one thousand two hundred dollars ($1,200) in one (1) motor vehicle; (3) The debtor's aggregate interest in the debtor's or the debtor's spouse's wedding bands, including diamonds mounted thereon not exceeding one-half (½) carat in weight; (4) The debtor's aggregate interest, not to exceed seven hundred fifty dollars ($750) in value in any implements, professional books, or tools, of the trade of the debtor or the trade of a dependent of the debtor. (b) The exemptions granted in subsection (a) of this section shall be in addition to the present exemptions granted by Arkansas law as listed below: (1) The personal property of an unmarried person not the head of a family not exceeding a value of two hundred dollars ($200) in addition to such person's wearing apparel - Arkansas Constitution, Article 9, Section 1; (2) The personal property of a married person or head of a family not exceeding a value of five hundred dollars ($500) in addition to such person's wearing apparel - Arkansas Constitution, Article 9, § 2; (3) Rural homesteads not exceeding one hundred sixty (160) acres of land with improvements thereon, up to two thousand five hundred dollars ($2,500) in value but in no event less than eighty (80) acres without regard to value - Arkansas Constitution, Article 9, § 4; (4) The urban homestead not exceeding one (1) acre of land with improvements thereon, but not to exceed two thousand five hundred dollars ($2,500) in value, but in no event to be less than one-quarter (¼) of an acre of land without regard to value - Arkansas Constitution, Article 9, § 5; (5) The rural or urban homestead of a widow or surviving dependent children including the rents and profits from such homestead - Arkansas Constitution, Article 9, § 6; (6) Sixty (60) days' wages, not exceeding the limits imposed by the Arkansas Constitution, Article 9, §§ 1 and 2, but in no instance less than twenty-five dollars ($25.00) per week - § 16-66-208 ; (7) Proceeds of life, health, accident, and disability insurance - § 16-66-209 ; (8) Department of Arkansas State Police retirement benefits - §§ 24-6-202 , 24-6-205 , 24-6-223 ; (9) Stipulated premium insurance benefits - § 23-71-112 ; (10) Mutual assessment insurance benefits - § 23-72-114 ; (11) Fraternal benefit society benefits - § 23-74-119 [repealed]; (12) Assets of delinquent insurer - § 23-68-120 ; (13) Rights to unemployment benefits and benefits received but not mingled with other funds except for debts incurred for necessities furnished during the time of unemployment - §§ 11-10-107 - 11-10-110 ; (14) Workers' compensation benefits - § 11-9-110 ; (15) Public welfare assistance grants - § 20-76-430 ; (16) All contributions made by a debtor to an individual retirement account, as that term is defined for federal income tax purposes and state income tax purposes, for a period exceeding one (1) year prior to the filing of a petition of bankruptcy. However, the maximum amount of individual retirement account contributions that may be claimed under this subdivision shall not exceed twenty thousand dollars ($20,000) for an individual and twenty thousand dollars ($20,000) for a husband and wife combined; and (17) All other benefits exempt by law but not specifically enumerated herein. Acts 1981, No. 419, § 2; A.S.A. 1947, § 36-211; Acts 1987, No. 932, § 1; 1989, No. 821, § 5.

(a) The following property shall be exempt from execution under bankruptcy proceedings pursuant to Pub. L. No. 95-598: (1) The unmarried debtor's aggregate interest, not exceeding eight hundred dollars ($800) in value, and the married debtor's aggregate interest, not exceeding one thousand two hundred fifty dollars ($1,250) in value, in real or personal property that the debtor or a dependent of the debtor uses as a residence, in a cooperative that owns property that the debtor or a dependent of the debtor uses as a residence, or in a burial plot for the debtor or a dependent of the debtor; (2) The debtor's interest, not to exceed one thousand two hundred dollars ($1,200) in one (1) motor vehicle; (3) The debtor's aggregate interest in the debtor's or the debtor's spouse's wedding bands, including diamonds mounted thereon not exceeding one-half (½) carat in weight; (4) The debtor's aggregate interest, not to exceed seven hundred fifty dollars ($750) in value in any implements, professional books, or tools, of the trade of the debtor or the trade of a dependent of the debtor.

(1) The unmarried debtor's aggregate interest, not exceeding eight hundred dollars ($800) in value, and the married debtor's aggregate interest, not exceeding one thousand two hundred fifty dollars ($1,250) in value, in real or personal property that the debtor or a dependent of the debtor uses as a residence, in a cooperative that owns property that the debtor or a dependent of the debtor uses as a residence, or in a burial plot for the debtor or a dependent of the debtor;

(2) The debtor's interest, not to exceed one thousand two hundred dollars ($1,200) in one (1) motor vehicle;

(3) The debtor's aggregate interest in the debtor's or the debtor's spouse's wedding bands, including diamonds mounted thereon not exceeding one-half (½) carat in weight;

(4) The debtor's aggregate interest, not to exceed seven hundred fifty dollars ($750) in value in any implements, professional books, or tools, of the trade of the debtor or the trade of a dependent of the debtor.

(b) The exemptions granted in subsection (a) of this section shall be in addition to the present exemptions granted by Arkansas law as listed below: (1) The personal property of an unmarried person not the head of a family not exceeding a value of two hundred dollars ($200) in addition to such person's wearing apparel - Arkansas Constitution, Article 9, Section 1; (2) The personal property of a married person or head of a family not exceeding a value of five hundred dollars ($500) in addition to such person's wearing apparel - Arkansas Constitution, Article 9, § 2; (3) Rural homesteads not exceeding one hundred sixty (160) acres of land with improvements thereon, up to two thousand five hundred dollars ($2,500) in value but in no event less than eighty (80) acres without regard to value - Arkansas Constitution, Article 9, § 4; (4) The urban homestead not exceeding one (1) acre of land with improvements thereon, but not to exceed two thousand five hundred dollars ($2,500) in value, but in no event to be less than one-quarter (¼) of an acre of land without regard to value - Arkansas Constitution, Article 9, § 5; (5) The rural or urban homestead of a widow or surviving dependent children including the rents and profits from such homestead - Arkansas Constitution, Article 9, § 6; (6) Sixty (60) days' wages, not exceeding the limits imposed by the Arkansas Constitution, Article 9, §§ 1 and 2, but in no instance less than twenty-five dollars ($25.00) per week - § 16-66-208 ; (7) Proceeds of life, health, accident, and disability insurance - § 16-66-209 ; (8) Department of Arkansas State Police retirement benefits - §§ 24-6-202 , 24-6-205 , 24-6-223 ; (9) Stipulated premium insurance benefits - § 23-71-112 ; (10) Mutual assessment insurance benefits - § 23-72-114 ; (11) Fraternal benefit society benefits - § 23-74-119 [repealed]; (12) Assets of delinquent insurer - § 23-68-120 ; (13) Rights to unemployment benefits and benefits received but not mingled with other funds except for debts incurred for necessities furnished during the time of unemployment - §§ 11-10-107 - 11-10-110 ; (14) Workers' compensation benefits - § 11-9-110 ; (15) Public welfare assistance grants - § 20-76-430 ; (16) All contributions made by a debtor to an individual retirement account, as that term is defined for federal income tax purposes and state income tax purposes, for a period exceeding one (1) year prior to the filing of a petition of bankruptcy. However, the maximum amount of individual retirement account contributions that may be claimed under this subdivision shall not exceed twenty thousand dollars ($20,000) for an individual and twenty thousand dollars ($20,000) for a husband and wife combined; and (17) All other benefits exempt by law but not specifically enumerated herein.

(1) The personal property of an unmarried person not the head of a family not exceeding a value of two hundred dollars ($200) in addition to such person's wearing apparel - Arkansas Constitution, Article 9, Section 1;

(2) The personal property of a married person or head of a family not exceeding a value of five hundred dollars ($500) in addition to such person's wearing apparel - Arkansas Constitution, Article 9, § 2;

(3) Rural homesteads not exceeding one hundred sixty (160) acres of land with improvements thereon, up to two thousand five hundred dollars ($2,500) in value but in no event less than eighty (80) acres without regard to value - Arkansas Constitution, Article 9, § 4;

(4) The urban homestead not exceeding one (1) acre of land with improvements thereon, but not to exceed two thousand five hundred dollars ($2,500) in value, but in no event to be less than one-quarter (¼) of an acre of land without regard to value - Arkansas Constitution, Article 9, § 5;

(5) The rural or urban homestead of a widow or surviving dependent children including the rents and profits from such homestead - Arkansas Constitution, Article 9, § 6;

(6) Sixty (60) days' wages, not exceeding the limits imposed by the Arkansas Constitution, Article 9, §§ 1 and 2, but in no instance less than twenty-five dollars ($25.00) per week - § 16-66-208 ;

(7) Proceeds of life, health, accident, and disability insurance - § 16-66-209 ;

(8) Department of Arkansas State Police retirement benefits - §§ 24-6-202 , 24-6-205 , 24-6-223 ;

(9) Stipulated premium insurance benefits - § 23-71-112 ;

(10) Mutual assessment insurance benefits - § 23-72-114 ;

(11) Fraternal benefit society benefits - § 23-74-119 [repealed];

(12) Assets of delinquent insurer - § 23-68-120 ;

(13) Rights to unemployment benefits and benefits received but not mingled with other funds except for debts incurred for necessities furnished during the time of unemployment - §§ 11-10-107 - 11-10-110 ;

(14) Workers' compensation benefits - § 11-9-110 ;

(15) Public welfare assistance grants - § 20-76-430 ;

(16) All contributions made by a debtor to an individual retirement account, as that term is defined for federal income tax purposes and state income tax purposes, for a period exceeding one (1) year prior to the filing of a petition of bankruptcy. However, the maximum amount of individual retirement account contributions that may be claimed under this subdivision shall not exceed twenty thousand dollars ($20,000) for an individual and twenty thousand dollars ($20,000) for a husband and wife combined; and

(17) All other benefits exempt by law but not specifically enumerated herein.

Acts 1981, No. 419, § 2; A.S.A. 1947, § 36-211; Acts 1987, No. 932, § 1; 1989, No. 821, § 5.
Ark. Code Ann. § 16-112-205 — AR Code / Title 16 / Chapter 112 / Subchapter 2 / Section 16-112-205
Hearing
Status: in_force

(a) Unless the petition and the files and records of the proceeding conclusively show that the petitioner is entitled to no relief, the court shall promptly set an early hearing on the petition and response, promptly determine the issues, make findings of fact and conclusions of law, and either deny the petition or enter an order granting the appropriate relief. (b) Hearings on a petition filed pursuant to this subchapter shall be open and shall be held in the court in which the conviction was entered. (c) (1) The court may order the petitioner to be present at the hearing. (2) If the petitioner is represented by an attorney, the attorney shall be present at any hearing. (3) A verbatim record of any hearing shall be made and kept. (4) Unless otherwise ordered by the court, the petitioner shall bear the burden of proving the facts alleged in the petition by a preponderance of the evidence. (5) The court may receive evidence in the form of affidavit, deposition, or oral testimony. (d) The court may summarily deny a second or successive petition for similar relief on behalf of the same petitioner and may summarily deny a petition if the issues raised in it have previously been decided by the Court of Appeals or the Supreme Court in the same case. Acts 2001, No. 1780, § 8.

(a) Unless the petition and the files and records of the proceeding conclusively show that the petitioner is entitled to no relief, the court shall promptly set an early hearing on the petition and response, promptly determine the issues, make findings of fact and conclusions of law, and either deny the petition or enter an order granting the appropriate relief.

(b) Hearings on a petition filed pursuant to this subchapter shall be open and shall be held in the court in which the conviction was entered.

(c) (1) The court may order the petitioner to be present at the hearing. (2) If the petitioner is represented by an attorney, the attorney shall be present at any hearing. (3) A verbatim record of any hearing shall be made and kept. (4) Unless otherwise ordered by the court, the petitioner shall bear the burden of proving the facts alleged in the petition by a preponderance of the evidence. (5) The court may receive evidence in the form of affidavit, deposition, or oral testimony.

(1) The court may order the petitioner to be present at the hearing.

(2) If the petitioner is represented by an attorney, the attorney shall be present at any hearing.

(3) A verbatim record of any hearing shall be made and kept.

(4) Unless otherwise ordered by the court, the petitioner shall bear the burden of proving the facts alleged in the petition by a preponderance of the evidence.

(5) The court may receive evidence in the form of affidavit, deposition, or oral testimony.

(d) The court may summarily deny a second or successive petition for similar relief on behalf of the same petitioner and may summarily deny a petition if the issues raised in it have previously been decided by the Court of Appeals or the Supreme Court in the same case.

Acts 2001, No. 1780, § 8.
Ark. Code Ann. § 16-96-102 — AR Code / Title 16 / Chapter 96 / Subchapter 1 / Section 16-96-102
[Repealed]
Status: repealed

Repealed by Act 2023, No. 177,§ 14, eff. 8/1/2023. Crim. Code, § 313; C. & M. Dig., § 3296; Pope's Dig., § 4144; A.S.A. 1947, § 44-103.

Repealed by Act 2023, No. 177,§ 14, eff. 8/1/2023.

Crim. Code, § 313; C. & M. Dig., § 3296; Pope's Dig., § 4144; A.S.A. 1947, § 44-103.
Ark. Code Ann. § 16-90-204 — AR Code / Title 16 / Chapter 90 / Subchapter 2 / Section 16-90-204
Evidence of former conviction
Status: in_force

The duly certified copy of the record of a former conviction and judgment of any court of record for imprisonment in the penitentiary against the person indicated or the certificate of the warden or other chief officer of any penitentiary of this state or any other state in the United States, of the United States Government, of any foreign country, or of the chief custodian of the records of the United States Department of Justice containing the name and the fingerprints of the person imprisoned as they appear in the records of his or her office shall be prima facie evidence, upon the trial of any person for a second and subsequent offense, of the conviction and judgment of imprisonment in the penitentiary and may be used in evidence against the person. Acts 1953, No. 228, § 3; 1961, No. 95, § 1; A.S.A. 1947, § 43-2330.

The duly certified copy of the record of a former conviction and judgment of any court of record for imprisonment in the penitentiary against the person indicated or the certificate of the warden or other chief officer of any penitentiary of this state or any other state in the United States, of the United States Government, of any foreign country, or of the chief custodian of the records of the United States Department of Justice containing the name and the fingerprints of the person imprisoned as they appear in the records of his or her office shall be prima facie evidence, upon the trial of any person for a second and subsequent offense, of the conviction and judgment of imprisonment in the penitentiary and may be used in evidence against the person.

Acts 1953, No. 228, § 3; 1961, No. 95, § 1; A.S.A. 1947, § 43-2330.
Ark. Code Ann. § 16-120-902 — AR Code / Title 16 / Chapter 120 / Subchapter 9 / Section 16-120-902
Wrongful birth claims - Wrongful life claims
Status: in_force

(a) A person is not liable for damages in a civil action for wrongful birth based on a claim that, but for an act or omission of the defendant, a child would not or should not have been born. (b) A person is not liable for damages in a civil action for wrongful life based on a claim that, but for an act or omission of the defendant, the person bringing the action would not or should not have been born. (c) This section: (1) Applies to a claim regardless of whether the child is born healthy or with a birth defect or other medical condition; (2) Does not apply to a civil action for damages for an intentional, reckless, or grossly negligent act or omission, including without limitation an act or omission that violates a criminal law; and (3) Does not limit or eliminate liability for an act or omission that is a proximate cause of any injury to the child before, during, or after birth. Added by Act 2017, No. 385,§ 1, eff. 8/1/2017.

(a) A person is not liable for damages in a civil action for wrongful birth based on a claim that, but for an act or omission of the defendant, a child would not or should not have been born.

(b) A person is not liable for damages in a civil action for wrongful life based on a claim that, but for an act or omission of the defendant, the person bringing the action would not or should not have been born.

(c) This section: (1) Applies to a claim regardless of whether the child is born healthy or with a birth defect or other medical condition; (2) Does not apply to a civil action for damages for an intentional, reckless, or grossly negligent act or omission, including without limitation an act or omission that violates a criminal law; and (3) Does not limit or eliminate liability for an act or omission that is a proximate cause of any injury to the child before, during, or after birth.

(1) Applies to a claim regardless of whether the child is born healthy or with a birth defect or other medical condition;

(2) Does not apply to a civil action for damages for an intentional, reckless, or grossly negligent act or omission, including without limitation an act or omission that violates a criminal law; and

(3) Does not limit or eliminate liability for an act or omission that is a proximate cause of any injury to the child before, during, or after birth.

Added by Act 2017, No. 385,§ 1, eff. 8/1/2017.
Ark. Code Ann. § 16-99-105 — AR Code / Title 16 / Chapter 99 / Section 16-99-105
Reporting and data collection
Status: in_force

(a) (1) The Division of Community Correction shall provide data and information as requested by the Board of Corrections. (2) That data and information shall include without limitation: (A) The total number of probationers from each of the Division of Community Correction's individual probation or parole areas for the current year and previous years, as available; (B) The total number of probation revocations, including revocations that result from violations and from new crimes for the current year and previous years, as available; (C) The total number of new felony convictions and the rate of new felony convictions from each of the Division of Community Correction's individual probation or parole areas for the current year and previous years, as available; (D) The amount of grant funds distributed to each individual probation or parole areas; and (E) The evidence-based programs established or enhanced by the Division of Community Correction as part of its effort to reduce revocations and improve public safety and any subsequent evidence-based programs that contribute to the outcomes of the performance incentive funding program under this subchapter. (b) Each grantee shall provide data and information as requested by the board, including without limitation: (1) The list of counties, if in a multicounty partnership, participating; (2) The amount of grant funds distributed under this subchapter to each county, multicounty partnership, or judicial district; and (3) The programs established or enhanced as part of each applicant's successful grant proposal and any subsequent evidence-based programs that contribute to the outcomes of the program under this subchapter. (c) The board shall report all data, findings, and recommendations annually for improvement to the: (1) Governor; (2) Chief Justice of the Supreme Court; (3) Director of the Administrative Office of the Courts; (4) Speaker of the House of Representatives; (5) President of the Senate; (6) Chair of the House Committee on Judiciary; and (7) Chair of the Senate Committee on Judiciary. (d) (1) The board's report shall include an analysis of the impact of the performance incentive funding program. (2) This analysis shall include without limitation the effect, compared to baseline, on net Division of Correction bed usage by the Division of Community Correction and by all county grantees, as well as Division of Correction admissions and lengths-of-stay, moneys paid out, revocation rates and new crime conviction rates for the Division of Community Correction, and guidelines compliance for participating counties. (3) The board shall provide analyses on an area-by-area basis for the Division of Community Correction performance incentive funding program and on a county-by-county, multicounty-partnership, or judicial-district basis for the local performance incentive funding program. (e) The board shall conduct a study and make recommendations, as needed, to those persons or entities listed in subsection (b) of this section, three (3) years after the implementation of the program established under this subchapter and every third year thereafter to determine whether to change the baseline year that determines revocation reduction benchmarks. Amended by Act 2019, No. 910,§ 964, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 963, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 962, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 961, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 960, eff. 7/1/2019. Acts 2011, No. 570, § 117.

(a) (1) The Division of Community Correction shall provide data and information as requested by the Board of Corrections. (2) That data and information shall include without limitation: (A) The total number of probationers from each of the Division of Community Correction's individual probation or parole areas for the current year and previous years, as available; (B) The total number of probation revocations, including revocations that result from violations and from new crimes for the current year and previous years, as available; (C) The total number of new felony convictions and the rate of new felony convictions from each of the Division of Community Correction's individual probation or parole areas for the current year and previous years, as available; (D) The amount of grant funds distributed to each individual probation or parole areas; and (E) The evidence-based programs established or enhanced by the Division of Community Correction as part of its effort to reduce revocations and improve public safety and any subsequent evidence-based programs that contribute to the outcomes of the performance incentive funding program under this subchapter.

(1) The Division of Community Correction shall provide data and information as requested by the Board of Corrections.

(2) That data and information shall include without limitation: (A) The total number of probationers from each of the Division of Community Correction's individual probation or parole areas for the current year and previous years, as available; (B) The total number of probation revocations, including revocations that result from violations and from new crimes for the current year and previous years, as available; (C) The total number of new felony convictions and the rate of new felony convictions from each of the Division of Community Correction's individual probation or parole areas for the current year and previous years, as available; (D) The amount of grant funds distributed to each individual probation or parole areas; and (E) The evidence-based programs established or enhanced by the Division of Community Correction as part of its effort to reduce revocations and improve public safety and any subsequent evidence-based programs that contribute to the outcomes of the performance incentive funding program under this subchapter.

(A) The total number of probationers from each of the Division of Community Correction's individual probation or parole areas for the current year and previous years, as available;

(B) The total number of probation revocations, including revocations that result from violations and from new crimes for the current year and previous years, as available;

(C) The total number of new felony convictions and the rate of new felony convictions from each of the Division of Community Correction's individual probation or parole areas for the current year and previous years, as available;

(D) The amount of grant funds distributed to each individual probation or parole areas; and

(E) The evidence-based programs established or enhanced by the Division of Community Correction as part of its effort to reduce revocations and improve public safety and any subsequent evidence-based programs that contribute to the outcomes of the performance incentive funding program under this subchapter.

(b) Each grantee shall provide data and information as requested by the board, including without limitation: (1) The list of counties, if in a multicounty partnership, participating; (2) The amount of grant funds distributed under this subchapter to each county, multicounty partnership, or judicial district; and (3) The programs established or enhanced as part of each applicant's successful grant proposal and any subsequent evidence-based programs that contribute to the outcomes of the program under this subchapter.

(1) The list of counties, if in a multicounty partnership, participating;

(2) The amount of grant funds distributed under this subchapter to each county, multicounty partnership, or judicial district; and

(3) The programs established or enhanced as part of each applicant's successful grant proposal and any subsequent evidence-based programs that contribute to the outcomes of the program under this subchapter.

(c) The board shall report all data, findings, and recommendations annually for improvement to the: (1) Governor; (2) Chief Justice of the Supreme Court; (3) Director of the Administrative Office of the Courts; (4) Speaker of the House of Representatives; (5) President of the Senate; (6) Chair of the House Committee on Judiciary; and (7) Chair of the Senate Committee on Judiciary.

(1) Governor;

(2) Chief Justice of the Supreme Court;

(3) Director of the Administrative Office of the Courts;

(4) Speaker of the House of Representatives;

(5) President of the Senate;

(6) Chair of the House Committee on Judiciary; and

(7) Chair of the Senate Committee on Judiciary.

(d) (1) The board's report shall include an analysis of the impact of the performance incentive funding program. (2) This analysis shall include without limitation the effect, compared to baseline, on net Division of Correction bed usage by the Division of Community Correction and by all county grantees, as well as Division of Correction admissions and lengths-of-stay, moneys paid out, revocation rates and new crime conviction rates for the Division of Community Correction, and guidelines compliance for participating counties. (3) The board shall provide analyses on an area-by-area basis for the Division of Community Correction performance incentive funding program and on a county-by-county, multicounty-partnership, or judicial-district basis for the local performance incentive funding program.

(1) The board's report shall include an analysis of the impact of the performance incentive funding program.

(2) This analysis shall include without limitation the effect, compared to baseline, on net Division of Correction bed usage by the Division of Community Correction and by all county grantees, as well as Division of Correction admissions and lengths-of-stay, moneys paid out, revocation rates and new crime conviction rates for the Division of Community Correction, and guidelines compliance for participating counties.

(3) The board shall provide analyses on an area-by-area basis for the Division of Community Correction performance incentive funding program and on a county-by-county, multicounty-partnership, or judicial-district basis for the local performance incentive funding program.

(e) The board shall conduct a study and make recommendations, as needed, to those persons or entities listed in subsection (b) of this section, three (3) years after the implementation of the program established under this subchapter and every third year thereafter to determine whether to change the baseline year that determines revocation reduction benchmarks.

Amended by Act 2019, No. 910,§ 964, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 963, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 962, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 961, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 960, eff. 7/1/2019.

Acts 2011, No. 570, § 117.
Ark. Code Ann. § 16-107-206 — AR Code / Title 16 / Chapter 107 / Subchapter 2 / Section 16-107-206
Official bonds - Subsequent breaches
Status: in_force

(a) Any person who may have recovered any judgment upon an official bond may, in like manner, again prosecute an action on the bond whenever he or she may be aggrieved by any default or delinquency, other than such as shall have been the subject of a former suit, and shall proceed as provided in this subchapter. (b) No scire facias shall be brought upon any judgment rendered upon an official bond, by the same or any other relator, for any breach of the condition of the bond. Rev. Stat., ch. 112, §§ 19, 20; C. & M. Dig., §§ 8179, 8180; Pope's Dig., §§ 10610, 10611; A.S.A. 1947, §§ 34-319, 34-320.

(a) Any person who may have recovered any judgment upon an official bond may, in like manner, again prosecute an action on the bond whenever he or she may be aggrieved by any default or delinquency, other than such as shall have been the subject of a former suit, and shall proceed as provided in this subchapter.

(b) No scire facias shall be brought upon any judgment rendered upon an official bond, by the same or any other relator, for any breach of the condition of the bond.

Rev. Stat., ch. 112, §§ 19, 20; C. & M. Dig., §§ 8179, 8180; Pope's Dig., §§ 10610, 10611; A.S.A. 1947, §§ 34-319, 34-320.
Ark. Code Ann. § 16-10-206 — AR Code / Title 16 / Chapter 10 / Subchapter 2 / Section 16-10-206
Court docket
Status: in_force

(a) All violations shall be docketed and all judgments shall be rendered by the court's presiding judge. (b) The court docket shall reflect the complete history of the violation and the disposition of each case, and shall contain the following information: (1) The citation number; (2) The date and nature of the violation; (3) The date the court convened to hear the case; (4) The names of arresting officers and witnesses, if any; (5) The judgment rendered by the court; (6) The signature or initials of the judge; (7) The total amount of the fine and costs; (8) The receipt number and dollar amount evidencing payment of fine and costs; and (9) If applicable, the check number and dollar amount evidencing authorized bond refund. The check itself will indicate the docket number evidencing authorization. (c) The docket shall be numbered by the court clerk in accordance with the Rules of the Supreme Court and Court of Appeals of the State of Arkansas. (d) (1) For manual dockets, the docket pages shall be prenumbered by the printer, and a printer's certificate or other evidence shall be furnished to the court's clerk which shall be made available for inspection. (2) Docket pages must be either bound or loose-leaf, provided that accountability and control are maintained over loose-leaf docket pages. (e) For manual or electronic dockets, the docket pages shall be numbered independently of court docket numbers assigned by the court clerk. (f) The court clerk shall keep separate court dockets, one (1) for city cases and one (1) for county cases. Acts 1977, No. 332, § 5; A.S.A. 1947, § 22-1105; Acts 2005, No. 1934, § 2; 2011, No. 1174, §.

(a) All violations shall be docketed and all judgments shall be rendered by the court's presiding judge.

(b) The court docket shall reflect the complete history of the violation and the disposition of each case, and shall contain the following information: (1) The citation number; (2) The date and nature of the violation; (3) The date the court convened to hear the case; (4) The names of arresting officers and witnesses, if any; (5) The judgment rendered by the court; (6) The signature or initials of the judge; (7) The total amount of the fine and costs; (8) The receipt number and dollar amount evidencing payment of fine and costs; and (9) If applicable, the check number and dollar amount evidencing authorized bond refund. The check itself will indicate the docket number evidencing authorization.

(1) The citation number;

(2) The date and nature of the violation;

(3) The date the court convened to hear the case;

(4) The names of arresting officers and witnesses, if any;

(5) The judgment rendered by the court;

(6) The signature or initials of the judge;

(7) The total amount of the fine and costs;

(8) The receipt number and dollar amount evidencing payment of fine and costs; and

(9) If applicable, the check number and dollar amount evidencing authorized bond refund. The check itself will indicate the docket number evidencing authorization.

(c) The docket shall be numbered by the court clerk in accordance with the Rules of the Supreme Court and Court of Appeals of the State of Arkansas.

(d) (1) For manual dockets, the docket pages shall be prenumbered by the printer, and a printer's certificate or other evidence shall be furnished to the court's clerk which shall be made available for inspection. (2) Docket pages must be either bound or loose-leaf, provided that accountability and control are maintained over loose-leaf docket pages.

(1) For manual dockets, the docket pages shall be prenumbered by the printer, and a printer's certificate or other evidence shall be furnished to the court's clerk which shall be made available for inspection.

(2) Docket pages must be either bound or loose-leaf, provided that accountability and control are maintained over loose-leaf docket pages.

(e) For manual or electronic dockets, the docket pages shall be numbered independently of court docket numbers assigned by the court clerk.

(f) The court clerk shall keep separate court dockets, one (1) for city cases and one (1) for county cases.

Acts 1977, No. 332, § 5; A.S.A. 1947, § 22-1105; Acts 2005, No. 1934, § 2; 2011, No. 1174, §.
Ark. Code Ann. § 16-105-407 — AR Code / Title 16 / Chapter 105 / Subchapter 4 / Section 16-105-407
Precedence of action - Exceptions
Status: in_force

The action shall have precedence over all other actions, except criminal proceedings, election contests, and hearings on injunctions. Acts 1989, No. 556, § 1.

The action shall have precedence over all other actions, except criminal proceedings, election contests, and hearings on injunctions.

Acts 1989, No. 556, § 1.
Ark. Code Ann. § 16-95-101 — AR Code / Title 16 / Chapter 95 / Section 16-95-101
Agreement on Detainers
Status: in_force

The Agreement on Detainers is enacted into law and entered into by the State of Arkansas with all other jurisdictions legally joining therein in the form substantially as follows: The contracting states solemnly agree that: ARTICLE I The party states find that charges outstanding against a prisoner, detainers based on untried indictments, informations, or complaints, and difficulties in securing speedy trial of persons already incarcerated in other jurisdictions produce uncertainties which obstruct programs of prisoner treatment and rehabilitation. Accordingly, it is the policy of the party states and the purpose of this agreement to encourage the expeditious and orderly disposition of such charges and determination of the proper status of any and all detainers based on untried indictments, informations, or complaints. The party states also find that proceedings with reference to such charges and detainers, when emanating from another jurisdiction, cannot properly be had in the absence of cooperative procedures. It is the further purpose of this agreement to provide such cooperative procedures. ARTICLE II As used in this agreement: (a) "State" shall mean a state of the United States; the United States of America; a territory or possession of the United States; the District of Columbia; the Commonwealth of Puerto Rico. (b) "Sending state" shall mean a state in which a prisoner is incarcerated at the time that he or she initiates a request for final disposition pursuant to Article III hereof or at the time that a request for custody or availability is initiated pursuant to Article III or Article IV thereof. ARTICLE III (a) Whenever a person has entered upon a term of imprisonment in a penal or correctional institution of a party state, and whenever during the continuance of the term of imprisonment there is pending in any other party state any untried indictment, information, or complaint on the basis of which a detainer has been lodged against the prisoner, he or she shall be brought to trial within one hundred eighty (180) days after he or she shall have caused to be delivered to the prosecuting officer's jurisdiction written notice of the place of his or her imprisonment and his or her request for a final disposition to be made of the indictment, information, or complaint; provided that for good cause shown in open court, the prisoner or his or her counsel being present, the court having jurisdiction of the matter may grant any necessary or reasonable continuance. The request of the prisoner shall be accompanied by a certificate of the appropriate official having custody of the prisoner stating the term of commitment under which the prisoner is being held, the time already served, the time remaining to be served on the sentence, the amount of good time earned, the time of parole eligibility of the prisoner, and any decisions of the state parole agency relating to the prisoner. (b) The written notice and request for final disposition referred to in paragraph (a) hereof shall be given or sent by the prisoner to the warden, commissioner of corrections, or other official having custody of him or her, who shall promptly forward it together with the certificate to the appropriate prosecuting official and court by registered or certified mail, return receipt requested. (c) The warden, commissioner of corrections, or other official having custody of the prisoner shall promptly inform him or her of the source and contents of any detainer lodged against him or her and shall also inform him or her of his or her right to make a request for final disposition of the indictment, information, or complaint on which the detainer is based. (d) Any request for final disposition made by a prisoner pursuant to paragraph (a) hereof shall operate as a request for final disposition of all untried indictments, informations, or complaints on the basis of which detainers have been lodged against the prisoner from the state to whose prosecuting official the request for final disposition is specifically directed. The warden, commissioner of corrections, or other official having custody of the prisoner shall forthwith notify all appropriate prosecuting officers and courts in the several jurisdictions within the state to which the prisoner's request for final disposition is being sent of the proceeding being initiated by the prisoner. Any notification sent pursuant to this paragraph shall be accompanied by copies of the prisoner's written notice, request, and the certificate. If trial is not had on any indictment, information, or complaint contemplated hereby prior to the return of the prisoner to the original place of imprisonment, such indictment, information, or complaint shall not be of any further force or effect, and the court shall enter an order dismissing the same with prejudice. (e) Any request for final disposition made by a prisoner pursuant to paragraph (a) hereof shall also be deemed to be a waiver of extradition with respect to any charge or proceeding contemplated thereby or included therein by reason of paragraph (d) hereof, and a waiver of extradition to the receiving state to serve any sentence there imposed upon him or her, after completion of his or her term of imprisonment in the sending state. The request for final disposition shall also constitute a consent by the prisoner to the production of his or her body in any court where his or her presence may be required in order to effectuate the purposes of this agreement and a further consent voluntarily to be returned to the original place of imprisonment in accordance with the provisions of this agreement. Nothing in this paragraph shall prevent the imposition of a concurrent sentence if otherwise permitted by law. (f) Escape from custody by the prisoner subsequent to his or her execution of the request for final disposition referred to in paragraph (a) hereof shall void the request. ARTICLE IV (a) The appropriate officer of the jurisdiction in which an untried indictment, information, or complaint is pending shall be entitled to have a prisoner against whom he or she has lodged a detainer and who is serving a term of imprisonment in any party state made available in accordance with Article V (a) hereof upon presentation of a written request for temporary custody or availability to the appropriate authorities of the state in which the prisoner is incarcerated; provided that the court having jurisdiction of such indictment, information or complaint shall have duly approved, recorded, and transmitted the request: and provided further that there shall be a period of thirty (30) days after receipt by the appropriate authorities before the request be honored, within which period the governor of the sending state may disapprove the request for temporary custody or availability, either upon his or her own motion or upon motion of the prisoner. (b) Upon receipt of the officer's written request as provided in paragraph (a) hereof, the appropriate authorities having the prisoner in custody shall furnish the officer with a certificate stating the term of commitment under which the prisoner is being held, the time already served, the time remaining to be served on the sentence, the amount of good time earned, the time of parole eligibility of the prisoner, and any decisions of the state parole agency relating to the prisoner. Said authorities simultaneously shall furnish all other officers and appropriate courts in the receiving states who have lodged detainers against the prisoner with similar certificates and with notices informing them of the request for custody or availability and of the reasons therefor. (c) In respect of any proceeding made possible by this article, trial shall be commenced within one hundred twenty (120) days of the arrival of the prisoner in the receiving state, but for good cause shown in open court, the prisoner or his or her counsel being present, the court having jurisdiction of the matter may grant any necessary or reasonable continuance. (d) Nothing contained in this article shall be construed to deprive any prisoner of any right which he or she may have to contest the legality of his delivery as provided in paragraph (a) hereof, but such delivery may not be opposed or denied on the ground that the executive authority of the sending state has not affirmatively consented to or ordered such delivery. (e) If trial is not had on any indictment, information, or complaint contemplated hereby prior to the prisoner's being returned to the original place of imprisonment pursuant to Article V (e) hereof, such indictment, information, or complaint shall not be of any further force or effect, and the court shall enter an order dismissing the same with prejudice. ARTICLE V (a) In response to a request made under Article III or Article IV hereof, the appropriate authority in a sending state shall offer to deliver temporary custody of such prisoner to the appropriate authority in the state where such indictment, information, or complaint is pending against such person in order that speedy and efficient prosecution may be had. If the request for final disposition is made by the prisoner, the offer of temporary custody shall accompany the written notice provided for in Article III of this agreement. In the case of a federal prisoner, the appropriate authority in the receiving state shall be entitled to temporary custody as provided by this agreement or to the prisoner's presence in federal custody at the place for trial, whichever custodial arrangement may be approved by the custodian. (b) The officer or other representative of a state accepting an offer of temporary custody shall present the following upon demand: (1) Proper identification and evidence of his authority to act for the state into whose temporary custody the prisoner is to be given. (2) A duly certified copy of the indictment, information, or complaint on the basis of which the detainer has been lodged and on the basis of which the request for temporary custody of the prisoner has been made. (c) If the appropriate authority shall refuse or fail to accept temporary custody of said person, or in the event that an action on the indictment, information, or complaint on the basis of which the detainer has been lodged is not brought to trial within the period provided in Article III or Article IV hereof, the appropriate court of the jurisdiction where the indictment, information, or complaint has been pending shall enter an order dismissing the same with prejudice, and any detainer based thereon shall cease to be of any force or effect. (d) The temporary custody referred to in this agreement shall be only for the purpose of permitting prosecution on the charge or charges contained in one (1) or more untried indictments, informations, or complaints which form the basis of the detainer or detainers or for prosecution on any other charge or charges arising out of the same transaction. Except for his or her attendance at court and while being transported to or from any place at which his or her presence may be required, the prisoner shall be held in a suitable jail or other facility regularly used for persons awaiting prosecution. (e) At the earliest practicable time consonant with the purposes of this agreement, the prisoner shall be returned to the sending state. (f) During the continuance of temporary custody or while the prisoner is otherwise being made available for trial as required by this agreement, time being served on the sentence shall continue to run, but good time shall be earned by the prisoner only if, and to the extent that, the law and practice of the jurisdiction which imposed the sentence may allow. (g) For all purposes other than that for which temporary custody as provided in this agreement is exercised, the prisoner shall be deemed to remain in the custody of and subject to the jurisdiction of the sending state, and any escape from temporary custody may be dealt with in the same manner as an escape from the original place of imprisonment or in any other manner permitted by law. (h) From the time that a party state receives custody of a prisoner pursuant to this agreement until such prisoner is returned to the territory and custody of the sending state, the state in which the one (1) or more untried indictments, informations, or complaints are pending or in which trial is being had shall be responsible for the prisoner and shall also pay all costs of transporting, caring for, keeping, and returning the prisoner. The provisions of this paragraph shall govern unless the states concerned shall have entered into a supplementary agreement providing for a different allocation of costs and responsibilities as between or among themselves. Nothing herein contained shall be construed to alter or affect any internal relationship among the departments, agencies, and officers of and in the government of a party state, or between a party state and its subdivisions, as to the payment of costs, or responsibilities therefor. ARTICLE VI (a) In determining the duration and expiration dates of the time periods provided in Articles III and IV of this agreement, the running of said time periods shall be tolled whenever and for as long as the prisoner is unable to stand trial, as determined by the court having jurisdiction in the matter. (b) No provisions of this agreement, and no remedy made available by this agreement, shall apply to any person who is adjudged to be mentally ill. ARTICLE VII Each state party to this agreement shall designate an officer who, acting jointly with like officers of other party states, shall promulgate rules and regulations to carry out more effectively the terms and provisions of this agreement, and who shall provide, within and without the state, information necessary to the effective operation of this agreement. ARTICLE VIII This agreement shall enter into full force and effect as to a party state when such state has enacted the same into law. A state party to this agreement may withdraw herefrom by enacting a statute repealing the same. However, the withdrawal of any state shall not affect the status of any proceedings already initiated by inmates or by state officers at the time such withdrawal takes effect, nor shall it affect their rights in respect thereof. ARTICLE IX This agreement shall be liberally construed so as to effectuate its purposes. The provisions of this agreement shall be severable and if any phrase, clause, sentence, or provision of this agreement is declared to be contrary to the constitution of any party state or of the United States or the applicability thereof to any government, agency, person, or circumstance is held invalid, the validity of the remainder of this agreement and the applicability thereof to any government, agency, person, or circumstance shall not be affected thereby. If this agreement shall be held contrary to the constitution of any state party hereto, the agreement shall remain in full force and effect as to the remaining states and in full force and effect as to the state affected as to all severable matters. Acts 1971, No. 705, § 1; A.S.A. 1947, § 43-3201.

The Agreement on Detainers is enacted into law and entered into by the State of Arkansas with all other jurisdictions legally joining therein in the form substantially as follows:

The contracting states solemnly agree that:

ARTICLE I The party states find that charges outstanding against a prisoner, detainers based on untried indictments, informations, or complaints, and difficulties in securing speedy trial of persons already incarcerated in other jurisdictions produce uncertainties which obstruct programs of prisoner treatment and rehabilitation. Accordingly, it is the policy of the party states and the purpose of this agreement to encourage the expeditious and orderly disposition of such charges and determination of the proper status of any and all detainers based on untried indictments, informations, or complaints. The party states also find that proceedings with reference to such charges and detainers, when emanating from another jurisdiction, cannot properly be had in the absence of cooperative procedures. It is the further purpose of this agreement to provide such cooperative procedures.

ARTICLE II As used in this agreement: (a) "State" shall mean a state of the United States; the United States of America; a territory or possession of the United States; the District of Columbia; the Commonwealth of Puerto Rico. (b) "Sending state" shall mean a state in which a prisoner is incarcerated at the time that he or she initiates a request for final disposition pursuant to Article III hereof or at the time that a request for custody or availability is initiated pursuant to Article III or Article IV thereof.

As used in this agreement:

(a) "State" shall mean a state of the United States; the United States of America; a territory or possession of the United States; the District of Columbia; the Commonwealth of Puerto Rico.

(b) "Sending state" shall mean a state in which a prisoner is incarcerated at the time that he or she initiates a request for final disposition pursuant to Article III hereof or at the time that a request for custody or availability is initiated pursuant to Article III or Article IV thereof.

ARTICLE III (a) Whenever a person has entered upon a term of imprisonment in a penal or correctional institution of a party state, and whenever during the continuance of the term of imprisonment there is pending in any other party state any untried indictment, information, or complaint on the basis of which a detainer has been lodged against the prisoner, he or she shall be brought to trial within one hundred eighty (180) days after he or she shall have caused to be delivered to the prosecuting officer's jurisdiction written notice of the place of his or her imprisonment and his or her request for a final disposition to be made of the indictment, information, or complaint; provided that for good cause shown in open court, the prisoner or his or her counsel being present, the court having jurisdiction of the matter may grant any necessary or reasonable continuance. The request of the prisoner shall be accompanied by a certificate of the appropriate official having custody of the prisoner stating the term of commitment under which the prisoner is being held, the time already served, the time remaining to be served on the sentence, the amount of good time earned, the time of parole eligibility of the prisoner, and any decisions of the state parole agency relating to the prisoner. (b) The written notice and request for final disposition referred to in paragraph (a) hereof shall be given or sent by the prisoner to the warden, commissioner of corrections, or other official having custody of him or her, who shall promptly forward it together with the certificate to the appropriate prosecuting official and court by registered or certified mail, return receipt requested. (c) The warden, commissioner of corrections, or other official having custody of the prisoner shall promptly inform him or her of the source and contents of any detainer lodged against him or her and shall also inform him or her of his or her right to make a request for final disposition of the indictment, information, or complaint on which the detainer is based. (d) Any request for final disposition made by a prisoner pursuant to paragraph (a) hereof shall operate as a request for final disposition of all untried indictments, informations, or complaints on the basis of which detainers have been lodged against the prisoner from the state to whose prosecuting official the request for final disposition is specifically directed. The warden, commissioner of corrections, or other official having custody of the prisoner shall forthwith notify all appropriate prosecuting officers and courts in the several jurisdictions within the state to which the prisoner's request for final disposition is being sent of the proceeding being initiated by the prisoner. Any notification sent pursuant to this paragraph shall be accompanied by copies of the prisoner's written notice, request, and the certificate. If trial is not had on any indictment, information, or complaint contemplated hereby prior to the return of the prisoner to the original place of imprisonment, such indictment, information, or complaint shall not be of any further force or effect, and the court shall enter an order dismissing the same with prejudice. (e) Any request for final disposition made by a prisoner pursuant to paragraph (a) hereof shall also be deemed to be a waiver of extradition with respect to any charge or proceeding contemplated thereby or included therein by reason of paragraph (d) hereof, and a waiver of extradition to the receiving state to serve any sentence there imposed upon him or her, after completion of his or her term of imprisonment in the sending state. The request for final disposition shall also constitute a consent by the prisoner to the production of his or her body in any court where his or her presence may be required in order to effectuate the purposes of this agreement and a further consent voluntarily to be returned to the original place of imprisonment in accordance with the provisions of this agreement. Nothing in this paragraph shall prevent the imposition of a concurrent sentence if otherwise permitted by law. (f) Escape from custody by the prisoner subsequent to his or her execution of the request for final disposition referred to in paragraph (a) hereof shall void the request.

(a) Whenever a person has entered upon a term of imprisonment in a penal or correctional institution of a party state, and whenever during the continuance of the term of imprisonment there is pending in any other party state any untried indictment, information, or complaint on the basis of which a detainer has been lodged against the prisoner, he or she shall be brought to trial within one hundred eighty (180) days after he or she shall have caused to be delivered to the prosecuting officer's jurisdiction written notice of the place of his or her imprisonment and his or her request for a final disposition to be made of the indictment, information, or complaint; provided that for good cause shown in open court, the prisoner or his or her counsel being present, the court having jurisdiction of the matter may grant any necessary or reasonable continuance. The request of the prisoner shall be accompanied by a certificate of the appropriate official having custody of the prisoner stating the term of commitment under which the prisoner is being held, the time already served, the time remaining to be served on the sentence, the amount of good time earned, the time of parole eligibility of the prisoner, and any decisions of the state parole agency relating to the prisoner.

(b) The written notice and request for final disposition referred to in paragraph (a) hereof shall be given or sent by the prisoner to the warden, commissioner of corrections, or other official having custody of him or her, who shall promptly forward it together with the certificate to the appropriate prosecuting official and court by registered or certified mail, return receipt requested.

(c) The warden, commissioner of corrections, or other official having custody of the prisoner shall promptly inform him or her of the source and contents of any detainer lodged against him or her and shall also inform him or her of his or her right to make a request for final disposition of the indictment, information, or complaint on which the detainer is based.

(d) Any request for final disposition made by a prisoner pursuant to paragraph (a) hereof shall operate as a request for final disposition of all untried indictments, informations, or complaints on the basis of which detainers have been lodged against the prisoner from the state to whose prosecuting official the request for final disposition is specifically directed. The warden, commissioner of corrections, or other official having custody of the prisoner shall forthwith notify all appropriate prosecuting officers and courts in the several jurisdictions within the state to which the prisoner's request for final disposition is being sent of the proceeding being initiated by the prisoner. Any notification sent pursuant to this paragraph shall be accompanied by copies of the prisoner's written notice, request, and the certificate. If trial is not had on any indictment, information, or complaint contemplated hereby prior to the return of the prisoner to the original place of imprisonment, such indictment, information, or complaint shall not be of any further force or effect, and the court shall enter an order dismissing the same with prejudice.

(e) Any request for final disposition made by a prisoner pursuant to paragraph (a) hereof shall also be deemed to be a waiver of extradition with respect to any charge or proceeding contemplated thereby or included therein by reason of paragraph (d) hereof, and a waiver of extradition to the receiving state to serve any sentence there imposed upon him or her, after completion of his or her term of imprisonment in the sending state. The request for final disposition shall also constitute a consent by the prisoner to the production of his or her body in any court where his or her presence may be required in order to effectuate the purposes of this agreement and a further consent voluntarily to be returned to the original place of imprisonment in accordance with the provisions of this agreement. Nothing in this paragraph shall prevent the imposition of a concurrent sentence if otherwise permitted by law.

(f) Escape from custody by the prisoner subsequent to his or her execution of the request for final disposition referred to in paragraph (a) hereof shall void the request.

ARTICLE IV (a) The appropriate officer of the jurisdiction in which an untried indictment, information, or complaint is pending shall be entitled to have a prisoner against whom he or she has lodged a detainer and who is serving a term of imprisonment in any party state made available in accordance with Article V (a) hereof upon presentation of a written request for temporary custody or availability to the appropriate authorities of the state in which the prisoner is incarcerated; provided that the court having jurisdiction of such indictment, information or complaint shall have duly approved, recorded, and transmitted the request: and provided further that there shall be a period of thirty (30) days after receipt by the appropriate authorities before the request be honored, within which period the governor of the sending state may disapprove the request for temporary custody or availability, either upon his or her own motion or upon motion of the prisoner. (b) Upon receipt of the officer's written request as provided in paragraph (a) hereof, the appropriate authorities having the prisoner in custody shall furnish the officer with a certificate stating the term of commitment under which the prisoner is being held, the time already served, the time remaining to be served on the sentence, the amount of good time earned, the time of parole eligibility of the prisoner, and any decisions of the state parole agency relating to the prisoner. Said authorities simultaneously shall furnish all other officers and appropriate courts in the receiving states who have lodged detainers against the prisoner with similar certificates and with notices informing them of the request for custody or availability and of the reasons therefor. (c) In respect of any proceeding made possible by this article, trial shall be commenced within one hundred twenty (120) days of the arrival of the prisoner in the receiving state, but for good cause shown in open court, the prisoner or his or her counsel being present, the court having jurisdiction of the matter may grant any necessary or reasonable continuance. (d) Nothing contained in this article shall be construed to deprive any prisoner of any right which he or she may have to contest the legality of his delivery as provided in paragraph (a) hereof, but such delivery may not be opposed or denied on the ground that the executive authority of the sending state has not affirmatively consented to or ordered such delivery. (e) If trial is not had on any indictment, information, or complaint contemplated hereby prior to the prisoner's being returned to the original place of imprisonment pursuant to Article V (e) hereof, such indictment, information, or complaint shall not be of any further force or effect, and the court shall enter an order dismissing the same with prejudice.

(a) The appropriate officer of the jurisdiction in which an untried indictment, information, or complaint is pending shall be entitled to have a prisoner against whom he or she has lodged a detainer and who is serving a term of imprisonment in any party state made available in accordance with Article V (a) hereof upon presentation of a written request for temporary custody or availability to the appropriate authorities of the state in which the prisoner is incarcerated; provided that the court having jurisdiction of such indictment, information or complaint shall have duly approved, recorded, and transmitted the request: and provided further that there shall be a period of thirty (30) days after receipt by the appropriate authorities before the request be honored, within which period the governor of the sending state may disapprove the request for temporary custody or availability, either upon his or her own motion or upon motion of the prisoner.

(b) Upon receipt of the officer's written request as provided in paragraph (a) hereof, the appropriate authorities having the prisoner in custody shall furnish the officer with a certificate stating the term of commitment under which the prisoner is being held, the time already served, the time remaining to be served on the sentence, the amount of good time earned, the time of parole eligibility of the prisoner, and any decisions of the state parole agency relating to the prisoner. Said authorities simultaneously shall furnish all other officers and appropriate courts in the receiving states who have lodged detainers against the prisoner with similar certificates and with notices informing them of the request for custody or availability and of the reasons therefor.

(c) In respect of any proceeding made possible by this article, trial shall be commenced within one hundred twenty (120) days of the arrival of the prisoner in the receiving state, but for good cause shown in open court, the prisoner or his or her counsel being present, the court having jurisdiction of the matter may grant any necessary or reasonable continuance.

(d) Nothing contained in this article shall be construed to deprive any prisoner of any right which he or she may have to contest the legality of his delivery as provided in paragraph (a) hereof, but such delivery may not be opposed or denied on the ground that the executive authority of the sending state has not affirmatively consented to or ordered such delivery.

(e) If trial is not had on any indictment, information, or complaint contemplated hereby prior to the prisoner's being returned to the original place of imprisonment pursuant to Article V (e) hereof, such indictment, information, or complaint shall not be of any further force or effect, and the court shall enter an order dismissing the same with prejudice.

ARTICLE V (a) In response to a request made under Article III or Article IV hereof, the appropriate authority in a sending state shall offer to deliver temporary custody of such prisoner to the appropriate authority in the state where such indictment, information, or complaint is pending against such person in order that speedy and efficient prosecution may be had. If the request for final disposition is made by the prisoner, the offer of temporary custody shall accompany the written notice provided for in Article III of this agreement. In the case of a federal prisoner, the appropriate authority in the receiving state shall be entitled to temporary custody as provided by this agreement or to the prisoner's presence in federal custody at the place for trial, whichever custodial arrangement may be approved by the custodian. (b) The officer or other representative of a state accepting an offer of temporary custody shall present the following upon demand: (1) Proper identification and evidence of his authority to act for the state into whose temporary custody the prisoner is to be given. (2) A duly certified copy of the indictment, information, or complaint on the basis of which the detainer has been lodged and on the basis of which the request for temporary custody of the prisoner has been made. (c) If the appropriate authority shall refuse or fail to accept temporary custody of said person, or in the event that an action on the indictment, information, or complaint on the basis of which the detainer has been lodged is not brought to trial within the period provided in Article III or Article IV hereof, the appropriate court of the jurisdiction where the indictment, information, or complaint has been pending shall enter an order dismissing the same with prejudice, and any detainer based thereon shall cease to be of any force or effect. (d) The temporary custody referred to in this agreement shall be only for the purpose of permitting prosecution on the charge or charges contained in one (1) or more untried indictments, informations, or complaints which form the basis of the detainer or detainers or for prosecution on any other charge or charges arising out of the same transaction. Except for his or her attendance at court and while being transported to or from any place at which his or her presence may be required, the prisoner shall be held in a suitable jail or other facility regularly used for persons awaiting prosecution. (e) At the earliest practicable time consonant with the purposes of this agreement, the prisoner shall be returned to the sending state. (f) During the continuance of temporary custody or while the prisoner is otherwise being made available for trial as required by this agreement, time being served on the sentence shall continue to run, but good time shall be earned by the prisoner only if, and to the extent that, the law and practice of the jurisdiction which imposed the sentence may allow. (g) For all purposes other than that for which temporary custody as provided in this agreement is exercised, the prisoner shall be deemed to remain in the custody of and subject to the jurisdiction of the sending state, and any escape from temporary custody may be dealt with in the same manner as an escape from the original place of imprisonment or in any other manner permitted by law. (h) From the time that a party state receives custody of a prisoner pursuant to this agreement until such prisoner is returned to the territory and custody of the sending state, the state in which the one (1) or more untried indictments, informations, or complaints are pending or in which trial is being had shall be responsible for the prisoner and shall also pay all costs of transporting, caring for, keeping, and returning the prisoner. The provisions of this paragraph shall govern unless the states concerned shall have entered into a supplementary agreement providing for a different allocation of costs and responsibilities as between or among themselves. Nothing herein contained shall be construed to alter or affect any internal relationship among the departments, agencies, and officers of and in the government of a party state, or between a party state and its subdivisions, as to the payment of costs, or responsibilities therefor.

(a) In response to a request made under Article III or Article IV hereof, the appropriate authority in a sending state shall offer to deliver temporary custody of such prisoner to the appropriate authority in the state where such indictment, information, or complaint is pending against such person in order that speedy and efficient prosecution may be had. If the request for final disposition is made by the prisoner, the offer of temporary custody shall accompany the written notice provided for in Article III of this agreement. In the case of a federal prisoner, the appropriate authority in the receiving state shall be entitled to temporary custody as provided by this agreement or to the prisoner's presence in federal custody at the place for trial, whichever custodial arrangement may be approved by the custodian.

(b) The officer or other representative of a state accepting an offer of temporary custody shall present the following upon demand: (1) Proper identification and evidence of his authority to act for the state into whose temporary custody the prisoner is to be given. (2) A duly certified copy of the indictment, information, or complaint on the basis of which the detainer has been lodged and on the basis of which the request for temporary custody of the prisoner has been made.

(1) Proper identification and evidence of his authority to act for the state into whose temporary custody the prisoner is to be given.

(2) A duly certified copy of the indictment, information, or complaint on the basis of which the detainer has been lodged and on the basis of which the request for temporary custody of the prisoner has been made.

(c) If the appropriate authority shall refuse or fail to accept temporary custody of said person, or in the event that an action on the indictment, information, or complaint on the basis of which the detainer has been lodged is not brought to trial within the period provided in Article III or Article IV hereof, the appropriate court of the jurisdiction where the indictment, information, or complaint has been pending shall enter an order dismissing the same with prejudice, and any detainer based thereon shall cease to be of any force or effect.

(d) The temporary custody referred to in this agreement shall be only for the purpose of permitting prosecution on the charge or charges contained in one (1) or more untried indictments, informations, or complaints which form the basis of the detainer or detainers or for prosecution on any other charge or charges arising out of the same transaction. Except for his or her attendance at court and while being transported to or from any place at which his or her presence may be required, the prisoner shall be held in a suitable jail or other facility regularly used for persons awaiting prosecution.

(e) At the earliest practicable time consonant with the purposes of this agreement, the prisoner shall be returned to the sending state.

(f) During the continuance of temporary custody or while the prisoner is otherwise being made available for trial as required by this agreement, time being served on the sentence shall continue to run, but good time shall be earned by the prisoner only if, and to the extent that, the law and practice of the jurisdiction which imposed the sentence may allow.

(g) For all purposes other than that for which temporary custody as provided in this agreement is exercised, the prisoner shall be deemed to remain in the custody of and subject to the jurisdiction of the sending state, and any escape from temporary custody may be dealt with in the same manner as an escape from the original place of imprisonment or in any other manner permitted by law.

(h) From the time that a party state receives custody of a prisoner pursuant to this agreement until such prisoner is returned to the territory and custody of the sending state, the state in which the one (1) or more untried indictments, informations, or complaints are pending or in which trial is being had shall be responsible for the prisoner and shall also pay all costs of transporting, caring for, keeping, and returning the prisoner. The provisions of this paragraph shall govern unless the states concerned shall have entered into a supplementary agreement providing for a different allocation of costs and responsibilities as between or among themselves. Nothing herein contained shall be construed to alter or affect any internal relationship among the departments, agencies, and officers of and in the government of a party state, or between a party state and its subdivisions, as to the payment of costs, or responsibilities therefor.

ARTICLE VI (a) In determining the duration and expiration dates of the time periods provided in Articles III and IV of this agreement, the running of said time periods shall be tolled whenever and for as long as the prisoner is unable to stand trial, as determined by the court having jurisdiction in the matter. (b) No provisions of this agreement, and no remedy made available by this agreement, shall apply to any person who is adjudged to be mentally ill.

(a) In determining the duration and expiration dates of the time periods provided in Articles III and IV of this agreement, the running of said time periods shall be tolled whenever and for as long as the prisoner is unable to stand trial, as determined by the court having jurisdiction in the matter.

(b) No provisions of this agreement, and no remedy made available by this agreement, shall apply to any person who is adjudged to be mentally ill.

ARTICLE VII Each state party to this agreement shall designate an officer who, acting jointly with like officers of other party states, shall promulgate rules and regulations to carry out more effectively the terms and provisions of this agreement, and who shall provide, within and without the state, information necessary to the effective operation of this agreement.

Each state party to this agreement shall designate an officer who, acting jointly with like officers of other party states, shall promulgate rules and regulations to carry out more effectively the terms and provisions of this agreement, and who shall provide, within and without the state, information necessary to the effective operation of this agreement.

ARTICLE VIII This agreement shall enter into full force and effect as to a party state when such state has enacted the same into law. A state party to this agreement may withdraw herefrom by enacting a statute repealing the same. However, the withdrawal of any state shall not affect the status of any proceedings already initiated by inmates or by state officers at the time such withdrawal takes effect, nor shall it affect their rights in respect thereof.

This agreement shall enter into full force and effect as to a party state when such state has enacted the same into law. A state party to this agreement may withdraw herefrom by enacting a statute repealing the same. However, the withdrawal of any state shall not affect the status of any proceedings already initiated by inmates or by state officers at the time such withdrawal takes effect, nor shall it affect their rights in respect thereof.

ARTICLE IX This agreement shall be liberally construed so as to effectuate its purposes. The provisions of this agreement shall be severable and if any phrase, clause, sentence, or provision of this agreement is declared to be contrary to the constitution of any party state or of the United States or the applicability thereof to any government, agency, person, or circumstance is held invalid, the validity of the remainder of this agreement and the applicability thereof to any government, agency, person, or circumstance shall not be affected thereby. If this agreement shall be held contrary to the constitution of any state party hereto, the agreement shall remain in full force and effect as to the remaining states and in full force and effect as to the state affected as to all severable matters.

This agreement shall be liberally construed so as to effectuate its purposes. The provisions of this agreement shall be severable and if any phrase, clause, sentence, or provision of this agreement is declared to be contrary to the constitution of any party state or of the United States or the applicability thereof to any government, agency, person, or circumstance is held invalid, the validity of the remainder of this agreement and the applicability thereof to any government, agency, person, or circumstance shall not be affected thereby. If this agreement shall be held contrary to the constitution of any state party hereto, the agreement shall remain in full force and effect as to the remaining states and in full force and effect as to the state affected as to all severable matters.

Acts 1971, No. 705, § 1; A.S.A. 1947, § 43-3201.
Ark. Code Ann. § 16-90-906 — AR Code / Title 16 / Chapter 90 / Subchapter 9 / Section 16-90-906
[Repealed]
Status: repealed

Repealed by Act 2013, No. 1460,§ 7, eff. 1/1/2014. Acts 1997, No. 738, § 1.

Repealed by Act 2013, No. 1460,§ 7, eff. 1/1/2014.

Acts 1997, No. 738, § 1.
Ark. Code Ann. § 16-124-111 — AR Code / Title 16 / Chapter 124 / Section 16-124-111
Statute of limitations
Status: in_force

(a) (1) Except as otherwise provided in this section, a claim under this chapter shall not be brought more than three (3) years after the cause of action accrues. (2) A cause of action accrues under this chapter when a person who may recover has reason to know of the harm from illegal drug use that is the basis for the cause of action and has reason to know that the illegal drug use is the cause of the harm. (b) (1) For a plaintiff, the statute of limitations under this section is tolled when the individual potential plaintiff is incapacitated by the use of an illegal drug to the extent that the individual cannot reasonably be expected to seek recovery under this chapter or as otherwise provided for by law. (2) For a defendant, the statute of limitations under this section is tolled until six (6) months after the individual potential defendant is convicted of a criminal drug offense as otherwise provided for by law. (c) The statute of limitations under this chapter for a claim based on participation in the illegal drug market that occurred prior to July 28, 1995, does not begin to run until July 28, 1995. Acts 1995, No. 896, § 12.

(a) (1) Except as otherwise provided in this section, a claim under this chapter shall not be brought more than three (3) years after the cause of action accrues. (2) A cause of action accrues under this chapter when a person who may recover has reason to know of the harm from illegal drug use that is the basis for the cause of action and has reason to know that the illegal drug use is the cause of the harm.

(1) Except as otherwise provided in this section, a claim under this chapter shall not be brought more than three (3) years after the cause of action accrues.

(2) A cause of action accrues under this chapter when a person who may recover has reason to know of the harm from illegal drug use that is the basis for the cause of action and has reason to know that the illegal drug use is the cause of the harm.

(b) (1) For a plaintiff, the statute of limitations under this section is tolled when the individual potential plaintiff is incapacitated by the use of an illegal drug to the extent that the individual cannot reasonably be expected to seek recovery under this chapter or as otherwise provided for by law. (2) For a defendant, the statute of limitations under this section is tolled until six (6) months after the individual potential defendant is convicted of a criminal drug offense as otherwise provided for by law.

(1) For a plaintiff, the statute of limitations under this section is tolled when the individual potential plaintiff is incapacitated by the use of an illegal drug to the extent that the individual cannot reasonably be expected to seek recovery under this chapter or as otherwise provided for by law.

(2) For a defendant, the statute of limitations under this section is tolled until six (6) months after the individual potential defendant is convicted of a criminal drug offense as otherwise provided for by law.

(c) The statute of limitations under this chapter for a claim based on participation in the illegal drug market that occurred prior to July 28, 1995, does not begin to run until July 28, 1995.

Acts 1995, No. 896, § 12.
Ark. Code Ann. § 16-13-3203 — AR Code / Title 16 / Chapter 13 / Subchapter 32 / Section 16-13-3203
Judges and chancellors in the Eighth Judicial District-South
Status: in_force

(a) The qualified electors of the Eighth Judicial District-South shall elect: (1) One (1) circuit-chancery judge of the First Division; (2) One (1) circuit-chancery judge of the Second Division; and (3) One (1) circuit-chancery judge of the Third Division. (b) The judges of the Eighth Judicial District-South shall sit as judges of the circuit court, chancery court, probate court, and juvenile division of the chancery court. (c) If any additional circuit-chancery judgeship is created, an additional division shall be established, and the judge shall serve as the judge of the additional division. (d) A judge shall be elected, every four (4) years, for each division of the circuit-chancery court of the Eighth Judicial District-South, and candidates for the offices shall designate and qualify as candidates for the particular division of the court to which they seek election. Acts 1997, No. 1270, § 3.

(a) The qualified electors of the Eighth Judicial District-South shall elect: (1) One (1) circuit-chancery judge of the First Division; (2) One (1) circuit-chancery judge of the Second Division; and (3) One (1) circuit-chancery judge of the Third Division.

(1) One (1) circuit-chancery judge of the First Division;

(2) One (1) circuit-chancery judge of the Second Division; and

(3) One (1) circuit-chancery judge of the Third Division.

(b) The judges of the Eighth Judicial District-South shall sit as judges of the circuit court, chancery court, probate court, and juvenile division of the chancery court.

(c) If any additional circuit-chancery judgeship is created, an additional division shall be established, and the judge shall serve as the judge of the additional division.

(d) A judge shall be elected, every four (4) years, for each division of the circuit-chancery court of the Eighth Judicial District-South, and candidates for the offices shall designate and qualify as candidates for the particular division of the court to which they seek election.

Acts 1997, No. 1270, § 3.
Ark. Code Ann. § 16-64-124 — AR Code / Title 16 / Chapter 64 / Section 16-64-124
Remittitur
Status: in_force

The circuit judge presiding at the trial, if he or she deems the verdict excessive, may, on motion for a new trial filed by the losing party, indicate the amount of the excess. Thereupon, if the losing party offers to file and enter of record a release of all errors that may have accrued at the trial if the prevailing party will remit the amount so deemed excessive and the prevailing party refuses to remit the amount so deemed excessive, the verdict shall be set aside. Acts 1901, No. 125, § 1, p. 196; C. & M. Dig., § 1313; Pope's Dig., § 1538; A.S.A. 1947, § 27-1903.

The circuit judge presiding at the trial, if he or she deems the verdict excessive, may, on motion for a new trial filed by the losing party, indicate the amount of the excess. Thereupon, if the losing party offers to file and enter of record a release of all errors that may have accrued at the trial if the prevailing party will remit the amount so deemed excessive and the prevailing party refuses to remit the amount so deemed excessive, the verdict shall be set aside.

Acts 1901, No. 125, § 1, p. 196; C. & M. Dig., § 1313; Pope's Dig., § 1538; A.S.A. 1947, § 27-1903.
Ark. Code Ann. § 16-123-106 — AR Code / Title 16 / Chapter 123 / Subchapter 1 / Section 16-123-106
Hate offenses
Status: in_force

(a) A person may bring a civil action for injunctive relief or damages, or both, if he or she is subject to an act motivated by racial, religious, or ethnic animosity and the act was an act of: (1) Intimidation or harassment; (2) Violence directed against his or her person; or (3) Vandalism directed against his or her real or personal property. (b) Any aggrieved party who initiates and prevails in a civil action authorized by this section is entitled to damages, including punitive damages, and in the discretion of the court to an award of the cost of the civil action, and a reasonable attorney's fee in an amount to be fixed by the court. (c) This section does not apply to: (1) Speech or conduct protected by the United States Constitution, Amendment I, or Arkansas Constitution, Article 2, § 6; or (2) A civil action: (A) Between an employee and his or her employer or between or among employees of the same employer; (B) For damages arising out of an incident occurring in the workplace; or (C) Arising out of the employee-employer relationship. Amended by Act 2017, No. 191,§ 2, eff. 8/1/2017. Acts 1993, No. 962, § 3.

(a) A person may bring a civil action for injunctive relief or damages, or both, if he or she is subject to an act motivated by racial, religious, or ethnic animosity and the act was an act of: (1) Intimidation or harassment; (2) Violence directed against his or her person; or (3) Vandalism directed against his or her real or personal property.

(1) Intimidation or harassment;

(2) Violence directed against his or her person; or

(3) Vandalism directed against his or her real or personal property.

(b) Any aggrieved party who initiates and prevails in a civil action authorized by this section is entitled to damages, including punitive damages, and in the discretion of the court to an award of the cost of the civil action, and a reasonable attorney's fee in an amount to be fixed by the court.

(c) This section does not apply to: (1) Speech or conduct protected by the United States Constitution, Amendment I, or Arkansas Constitution, Article 2, § 6; or (2) A civil action: (A) Between an employee and his or her employer or between or among employees of the same employer; (B) For damages arising out of an incident occurring in the workplace; or (C) Arising out of the employee-employer relationship.

(1) Speech or conduct protected by the United States Constitution, Amendment I, or Arkansas Constitution, Article 2, § 6; or

(2) A civil action: (A) Between an employee and his or her employer or between or among employees of the same employer; (B) For damages arising out of an incident occurring in the workplace; or (C) Arising out of the employee-employer relationship.

(A) Between an employee and his or her employer or between or among employees of the same employer;

(B) For damages arising out of an incident occurring in the workplace; or

(C) Arising out of the employee-employer relationship.

Amended by Act 2017, No. 191,§ 2, eff. 8/1/2017.

Acts 1993, No. 962, § 3.
Ark. Code Ann. § 16-101-103 — AR Code / Title 16 / Chapter 101 / Section 16-101-103
Eligibility
Status: in_force

A person is eligible for participation in a veterans treatment specialty court program if the person: (1) Has a substance use disorder or mental health disorder; (2) Is eighteen (18) years of age or older; (3) Is a veteran or a service member of the United States Armed Forces or National Guard; and (4) Agrees to comply with the policies and procedures developed by the veterans treatment specialty court. Added by Act 2021, No. 58,§ 3, eff. 7/28/2021.

A person is eligible for participation in a veterans treatment specialty court program if the person:

(1) Has a substance use disorder or mental health disorder;

(2) Is eighteen (18) years of age or older;

(3) Is a veteran or a service member of the United States Armed Forces or National Guard; and

(4) Agrees to comply with the policies and procedures developed by the veterans treatment specialty court.

Added by Act 2021, No. 58,§ 3, eff. 7/28/2021.
Ark. Code Ann. § 16-89-114 — AR Code / Title 16 / Chapter 89 / Section 16-89-114
Documents - Production generally
Status: in_force

Upon motion of either party, the court by its order and process may compel the production of any written document or any other thing which may be necessary or proper to be produced or exhibited as evidence on trial and may punish a disobedience of its orders or process as in case of witnesses refusing to testify. Crim. Code, § 153; C. & M. Dig., § 3111; Pope's Dig., § 3945; A.S.A. 1947, § 43-2010.

Upon motion of either party, the court by its order and process may compel the production of any written document or any other thing which may be necessary or proper to be produced or exhibited as evidence on trial and may punish a disobedience of its orders or process as in case of witnesses refusing to testify.

Crim. Code, § 153; C. & M. Dig., § 3111; Pope's Dig., § 3945; A.S.A. 1947, § 43-2010.
Ark. Code Ann. § 16-110-125 — AR Code / Title 16 / Chapter 110 / Subchapter 1 / Section 16-110-125
Proof by deposition or testimony
Status: in_force

Either party may take proof by deposition, to be read on the trial of the attachment, or, by permission of the court, the witnesses may be orally examined in court. Civil Code, § 281; C. & M. Dig., § 571; Pope's Dig., § 608; A.S.A. 1947, § 31-140.

Either party may take proof by deposition, to be read on the trial of the attachment, or, by permission of the court, the witnesses may be orally examined in court.

Civil Code, § 281; C. & M. Dig., § 571; Pope's Dig., § 608; A.S.A. 1947, § 31-140.
Ark. Code Ann. § 16-10-306 — AR Code / Title 16 / Chapter 10 / Subchapter 3 / Section 16-10-306
Administration of Justice Funds Section
Status: in_force

(a) There is created in the Department of Finance and Administration an Administration of Justice Funds Section. (b) The court costs and filing fees enumerated in §§ 16-10-305 , 16-17-705 , and 21-6-403 , which are assessed and collected in the district courts and circuit courts in this state, shall be remitted to the Administration of Justice Funds Section. (c) The Administration of Justice Funds Section shall: (1) Deposit the court costs and filing fees remitted under subsection (b) of this section into the State Administration of Justice Fund; and (2) Keep an accurate account of all receipts by type of case and type and location of court from which the court costs and filing fees are submitted. Amended by Act 2013, No. 504,§ 1, eff. 3/26/2013. Amended by Act 2013, No. 282,§ 5, eff. 3/6/2013. Acts 1995, No. 1256, § 9; 2003, No. 1185, § 50; 2007, No. 663, § 26.

(a) There is created in the Department of Finance and Administration an Administration of Justice Funds Section.

(b) The court costs and filing fees enumerated in §§ 16-10-305 , 16-17-705 , and 21-6-403 , which are assessed and collected in the district courts and circuit courts in this state, shall be remitted to the Administration of Justice Funds Section.

(c) The Administration of Justice Funds Section shall: (1) Deposit the court costs and filing fees remitted under subsection (b) of this section into the State Administration of Justice Fund; and (2) Keep an accurate account of all receipts by type of case and type and location of court from which the court costs and filing fees are submitted.

(1) Deposit the court costs and filing fees remitted under subsection (b) of this section into the State Administration of Justice Fund; and

(2) Keep an accurate account of all receipts by type of case and type and location of court from which the court costs and filing fees are submitted.

Amended by Act 2013, No. 504,§ 1, eff. 3/26/2013.

Amended by Act 2013, No. 282,§ 5, eff. 3/6/2013.

Acts 1995, No. 1256, § 9; 2003, No. 1185, § 50; 2007, No. 663, § 26.
Ark. Code Ann. § 16-123-504 — AR Code / Title 16 / Chapter 123 / Subchapter 5 / Section 16-123-504
Clarification of antisemitism related to discriminatory acts
Status: in_force

(a) In reviewing, investigating, or determining whether there has been a violation of any relevant policy, law, or rule prohibiting discriminatory acts, the government shall take into consideration the definition of antisemitism under § 16-123-502 for purposes of determining whether the alleged act was motivated by discriminatory antisemitic intent. (b) A court or other relevant authority shall apply the same legal standard to a claim of discrimination because of antisemitism as applicable to claims of discrimination arising under state laws protecting civil rights, including without limitation § 16-123-107 . Added by Act 2023, No. 126,§ 1, eff. 8/1/2023.

(a) In reviewing, investigating, or determining whether there has been a violation of any relevant policy, law, or rule prohibiting discriminatory acts, the government shall take into consideration the definition of antisemitism under § 16-123-502 for purposes of determining whether the alleged act was motivated by discriminatory antisemitic intent.

(b) A court or other relevant authority shall apply the same legal standard to a claim of discrimination because of antisemitism as applicable to claims of discrimination arising under state laws protecting civil rights, including without limitation § 16-123-107 .

Added by Act 2023, No. 126,§ 1, eff. 8/1/2023.
Ark. Code Ann. § 16-17-127 — AR Code / Title 16 / Chapter 17 / Subchapter 1 / Section 16-17-127
Contractors providing certain services - Definition
Status: in_force

(a) Upon request of the district court judge, the governing body in which a district court is located or, if applicable, each governing body of a political subdivision that contributes to the expenses of a district court may contract with a person that has registered with the Secretary of State and filed a surety bond or certificate of deposit with the Secretary of State to provide any of the following services: (1) Probation services; (2) Pretrial supervised release programs; (3) Alternate sentencing programs; or (4) The collection and enforcement of delinquent fines and costs. (b) (1) The amount of the surety bond or certificate of deposit shall be fifty thousand dollars ($50,000). (2) The city or county or any person suffering damage by reason of the acts or omissions of the person or an employee of the person in the performance of services subject to this section may bring action on the bond for damages. (c) A person is ineligible to provide services subject to this section if the person or an owner, operator, or any stockholder has been convicted of a felony. (d) As used in this section, "person" means any individual, corporation, partnership, firm, association, or other business entity. (e) A district court may require a defendant to pay reasonable fees, in an amount to be established by the district court, relating to private contractors providing probation services, pretrial supervised release programs, or alternate sentencing programs authorized by law. (f) (1) Notwithstanding § 16-13-701 et seq., a private contractor may collect and retain only the fees established by the district court for services provided pursuant to subsection (a) of this section. (2) (A) When the order of the district court requires a defendant to use the services or programs of a private contractor, the designated contractor shall report on or before the fifth day of each month all fees collected. (B) The report shall be provided to the mayor and county judge of the political subdivision or subdivisions that contribute to the expenses of the district court and to the district court clerk for inclusion in the district court's monthly report as required by law. (3) The report of the private contractor, as required in this section, shall contain columns with the following information by defendant: (A) Uniform traffic ticket number; (B) Defendant's name; (C) Court docket number; (D) Receipt number; (E) Amount collected; and (F) Total of all fees collected. (g) A private contractor providing the collection of delinquent fines and court costs shall follow the procedures in § 16-13-701 et seq. (h) This section shall not apply to the alcohol treatment or education programs authorized by §§ 5-65-115 and 5-65-307 . (i) This section shall not apply to a company whose service is limited to the acceptance of credit card payments for fines, fees, and costs and does not engage in affirmative acts of collection and enforcement of delinquent fines and costs. Amended by Act 2021, No. 475,§ 13, eff. 7/28/2021. Acts 1991, No. 447, § 1; 2001, No. 1809, § 3; 2003, No. 1185, §§ 116, 117; 2003, No. 1765, § 17; 2005, No. 2239, § 2; 2009, No. 782, § 3.

(a) Upon request of the district court judge, the governing body in which a district court is located or, if applicable, each governing body of a political subdivision that contributes to the expenses of a district court may contract with a person that has registered with the Secretary of State and filed a surety bond or certificate of deposit with the Secretary of State to provide any of the following services: (1) Probation services; (2) Pretrial supervised release programs; (3) Alternate sentencing programs; or (4) The collection and enforcement of delinquent fines and costs.

(1) Probation services;

(2) Pretrial supervised release programs;

(3) Alternate sentencing programs; or

(4) The collection and enforcement of delinquent fines and costs.

(b) (1) The amount of the surety bond or certificate of deposit shall be fifty thousand dollars ($50,000). (2) The city or county or any person suffering damage by reason of the acts or omissions of the person or an employee of the person in the performance of services subject to this section may bring action on the bond for damages.

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

(2) The city or county or any person suffering damage by reason of the acts or omissions of the person or an employee of the person in the performance of services subject to this section may bring action on the bond for damages.

(c) A person is ineligible to provide services subject to this section if the person or an owner, operator, or any stockholder has been convicted of a felony.

(d) As used in this section, "person" means any individual, corporation, partnership, firm, association, or other business entity.

(e) A district court may require a defendant to pay reasonable fees, in an amount to be established by the district court, relating to private contractors providing probation services, pretrial supervised release programs, or alternate sentencing programs authorized by law.

(f) (1) Notwithstanding § 16-13-701 et seq., a private contractor may collect and retain only the fees established by the district court for services provided pursuant to subsection (a) of this section. (2) (A) When the order of the district court requires a defendant to use the services or programs of a private contractor, the designated contractor shall report on or before the fifth day of each month all fees collected. (B) The report shall be provided to the mayor and county judge of the political subdivision or subdivisions that contribute to the expenses of the district court and to the district court clerk for inclusion in the district court's monthly report as required by law. (3) The report of the private contractor, as required in this section, shall contain columns with the following information by defendant: (A) Uniform traffic ticket number; (B) Defendant's name; (C) Court docket number; (D) Receipt number; (E) Amount collected; and (F) Total of all fees collected.

(1) Notwithstanding § 16-13-701 et seq., a private contractor may collect and retain only the fees established by the district court for services provided pursuant to subsection (a) of this section.

(2) (A) When the order of the district court requires a defendant to use the services or programs of a private contractor, the designated contractor shall report on or before the fifth day of each month all fees collected. (B) The report shall be provided to the mayor and county judge of the political subdivision or subdivisions that contribute to the expenses of the district court and to the district court clerk for inclusion in the district court's monthly report as required by law.

(A) When the order of the district court requires a defendant to use the services or programs of a private contractor, the designated contractor shall report on or before the fifth day of each month all fees collected.

(B) The report shall be provided to the mayor and county judge of the political subdivision or subdivisions that contribute to the expenses of the district court and to the district court clerk for inclusion in the district court's monthly report as required by law.

(3) The report of the private contractor, as required in this section, shall contain columns with the following information by defendant: (A) Uniform traffic ticket number; (B) Defendant's name; (C) Court docket number; (D) Receipt number; (E) Amount collected; and (F) Total of all fees collected.

(A) Uniform traffic ticket number;

(B) Defendant's name;

(C) Court docket number;

(D) Receipt number;

(E) Amount collected; and

(F) Total of all fees collected.

(g) A private contractor providing the collection of delinquent fines and court costs shall follow the procedures in § 16-13-701 et seq.

(h) This section shall not apply to the alcohol treatment or education programs authorized by §§ 5-65-115 and 5-65-307 .

(i) This section shall not apply to a company whose service is limited to the acceptance of credit card payments for fines, fees, and costs and does not engage in affirmative acts of collection and enforcement of delinquent fines and costs.

Amended by Act 2021, No. 475,§ 13, eff. 7/28/2021.

Acts 1991, No. 447, § 1; 2001, No. 1809, § 3; 2003, No. 1185, §§ 116, 117; 2003, No. 1765, § 17; 2005, No. 2239, § 2; 2009, No. 782, § 3.
Ark. Code Ann. § 16-34-106 — AR Code / Title 16 / Chapter 34 / Section 16-34-106
Payment by county - Reimbursement by state
Status: in_force

(a) The per diem compensation under § 16-34-103 shall be paid promptly to each juror or prospective juror by a county from funds appropriated for that purpose by the quorum court. (b) (1) (A) The state shall reimburse a county for a portion of the costs incurred for a payment under § 16-34-103(b)(1) if the county makes a request under subdivision (b)(3) of this section. (B) (i) If funds are available, the state shall reimburse a county for the cost of a prospective juror orientation for a juror eligible for payment under § 16-34-103(b)(2) up to fifteen dollars ($15.00) if the county makes a request under subdivision (b)(3) of this section. (ii) The reimbursement under this subdivision (b)(1)(B) shall not exceed the minimum per diem compensation under § 16-34-103(b)(2) . (2) The Administrative Office of the Courts shall administer the state reimbursement to a county under subdivision (b)(1) of this section. (3) A county may request reimbursement for costs incurred for a payment under § 16-34-103(b)(1) or § 16-34-103(b)(2) on a quarterly basis as follows: (A) On or before May 1 of each year for costs incurred between January 1 and March 31 of that year; (B) On or before August 1 of each year for costs incurred between April 1 and June 30 of that year; (C) On or before December 1 of each year for costs incurred between July 1 and September 30 of that year; and (D) On or before February 1 of each year for costs incurred between October 1 and December 31 of the prior year. (4) The Administrative Office of the Courts shall consult with Arkansas Legislative Audit and shall prescribe the information that shall be documented and certified by a county in order to receive reimbursement under subdivision (b)(1) of this section. Amended by Act 2017, No. 276,§ 1, eff. 8/1/2017. Acts 2007, No. 1033, § 5.

(a) The per diem compensation under § 16-34-103 shall be paid promptly to each juror or prospective juror by a county from funds appropriated for that purpose by the quorum court.

(b) (1) (A) The state shall reimburse a county for a portion of the costs incurred for a payment under § 16-34-103(b)(1) if the county makes a request under subdivision (b)(3) of this section. (B) (i) If funds are available, the state shall reimburse a county for the cost of a prospective juror orientation for a juror eligible for payment under § 16-34-103(b)(2) up to fifteen dollars ($15.00) if the county makes a request under subdivision (b)(3) of this section. (ii) The reimbursement under this subdivision (b)(1)(B) shall not exceed the minimum per diem compensation under § 16-34-103(b)(2) . (2) The Administrative Office of the Courts shall administer the state reimbursement to a county under subdivision (b)(1) of this section. (3) A county may request reimbursement for costs incurred for a payment under § 16-34-103(b)(1) or § 16-34-103(b)(2) on a quarterly basis as follows: (A) On or before May 1 of each year for costs incurred between January 1 and March 31 of that year; (B) On or before August 1 of each year for costs incurred between April 1 and June 30 of that year; (C) On or before December 1 of each year for costs incurred between July 1 and September 30 of that year; and (D) On or before February 1 of each year for costs incurred between October 1 and December 31 of the prior year. (4) The Administrative Office of the Courts shall consult with Arkansas Legislative Audit and shall prescribe the information that shall be documented and certified by a county in order to receive reimbursement under subdivision (b)(1) of this section.

(1) (A) The state shall reimburse a county for a portion of the costs incurred for a payment under § 16-34-103(b)(1) if the county makes a request under subdivision (b)(3) of this section. (B) (i) If funds are available, the state shall reimburse a county for the cost of a prospective juror orientation for a juror eligible for payment under § 16-34-103(b)(2) up to fifteen dollars ($15.00) if the county makes a request under subdivision (b)(3) of this section. (ii) The reimbursement under this subdivision (b)(1)(B) shall not exceed the minimum per diem compensation under § 16-34-103(b)(2) .

(A) The state shall reimburse a county for a portion of the costs incurred for a payment under § 16-34-103(b)(1) if the county makes a request under subdivision (b)(3) of this section.

(B) (i) If funds are available, the state shall reimburse a county for the cost of a prospective juror orientation for a juror eligible for payment under § 16-34-103(b)(2) up to fifteen dollars ($15.00) if the county makes a request under subdivision (b)(3) of this section. (ii) The reimbursement under this subdivision (b)(1)(B) shall not exceed the minimum per diem compensation under § 16-34-103(b)(2) .

(i) If funds are available, the state shall reimburse a county for the cost of a prospective juror orientation for a juror eligible for payment under § 16-34-103(b)(2) up to fifteen dollars ($15.00) if the county makes a request under subdivision (b)(3) of this section.

(ii) The reimbursement under this subdivision (b)(1)(B) shall not exceed the minimum per diem compensation under § 16-34-103(b)(2) .

(2) The Administrative Office of the Courts shall administer the state reimbursement to a county under subdivision (b)(1) of this section.

(3) A county may request reimbursement for costs incurred for a payment under § 16-34-103(b)(1) or § 16-34-103(b)(2) on a quarterly basis as follows: (A) On or before May 1 of each year for costs incurred between January 1 and March 31 of that year; (B) On or before August 1 of each year for costs incurred between April 1 and June 30 of that year; (C) On or before December 1 of each year for costs incurred between July 1 and September 30 of that year; and (D) On or before February 1 of each year for costs incurred between October 1 and December 31 of the prior year.

(A) On or before May 1 of each year for costs incurred between January 1 and March 31 of that year;

(B) On or before August 1 of each year for costs incurred between April 1 and June 30 of that year;

(C) On or before December 1 of each year for costs incurred between July 1 and September 30 of that year; and

(D) On or before February 1 of each year for costs incurred between October 1 and December 31 of the prior year.

(4) The Administrative Office of the Courts shall consult with Arkansas Legislative Audit and shall prescribe the information that shall be documented and certified by a county in order to receive reimbursement under subdivision (b)(1) of this section.

Amended by Act 2017, No. 276,§ 1, eff. 8/1/2017.

Acts 2007, No. 1033, § 5.
Ark. Code Ann. § 16-90-1304 — AR Code / Title 16 / Chapter 90 / Subchapter 13 / Section 16-90-1304
Application
Status: in_force

(a) When a person has accumulated enough days, through a combination of served and earned time equal to the total number of days of the sentence imposed by the sentencing court, he or she shall be eligible for consideration of discharge of his or her sentence under this subchapter. (b) (1) No less than forty-five (45) days before the discharge date, the Division of Community Correction shall submit notice to: (A) The prosecuting attorney; and (B) The Post-Prison Transfer Board. (2) Within thirty (30) days of receipt of the earned discharge notice, the prosecuting attorney or the board may submit to the division in writing any reasonable objection to early discharge under this subchapter warranting the forfeiture of earned-discharge credit. (3) If an objection under subdivision (b)(2) of this section is lodged, the division shall immediately suspend the discharge of the sentence. (4) The parolee or probationer may file a petition for review in the sentencing court. (5) A review shall be conducted in the sentencing court within fourteen (14) days of the filing of the petition. (6) (A) The sentencing court shall consider the objections against the person based solely on the information contained in the petition. (B) The sentencing court shall determine, based on a preponderance of the evidence, whether the person should not be discharged from the sentence because, if the information contained in the petition had been known to the division, the division would have ordered the forfeiture of any of the discharge credit earned to that point or if insufficient evidence exists that would warrant the forfeiture of discharge credit. (C) If the sentencing court finds sufficient evidence warranting a forfeiture of discharge credits, the division shall make the necessary forfeiture of earned discharge credit appropriate for the type of misconduct asserted in the objection. (D) (i) If the sentencing court does not find sufficient evidence exists that warrants forfeiture of discharge credits, the division shall discharge the person immediately if the date upon which the completion of the sentence occurred has passed. (ii) If the date for completion of the sentence has not occurred, the person shall return to the status held at the point the objection was filed. (c) If the prosecuting attorney or the board does not file an objection, upon the filing of a petition in the sentencing court by the parolee or probationer stating that no objections have been filed, the court may discharge the person immediately if the date upon which the completion of the sentence has passed. (d) An appeal may not be taken by either party from the sentencing court's findings or the division's decision for early discharge. Amended by Act 2023, No. 659,§ 140, eff. 1/1/2024. Amended by Act 2015, No. 951,§ 1, eff. 4/2/2015. Amended by Act 2013, No. 1335,§ 3, eff. 8/16/2013. Acts 2011, No. 570, § 82.

(a) When a person has accumulated enough days, through a combination of served and earned time equal to the total number of days of the sentence imposed by the sentencing court, he or she shall be eligible for consideration of discharge of his or her sentence under this subchapter.

(b) (1) No less than forty-five (45) days before the discharge date, the Division of Community Correction shall submit notice to: (A) The prosecuting attorney; and (B) The Post-Prison Transfer Board. (2) Within thirty (30) days of receipt of the earned discharge notice, the prosecuting attorney or the board may submit to the division in writing any reasonable objection to early discharge under this subchapter warranting the forfeiture of earned-discharge credit. (3) If an objection under subdivision (b)(2) of this section is lodged, the division shall immediately suspend the discharge of the sentence. (4) The parolee or probationer may file a petition for review in the sentencing court. (5) A review shall be conducted in the sentencing court within fourteen (14) days of the filing of the petition. (6) (A) The sentencing court shall consider the objections against the person based solely on the information contained in the petition. (B) The sentencing court shall determine, based on a preponderance of the evidence, whether the person should not be discharged from the sentence because, if the information contained in the petition had been known to the division, the division would have ordered the forfeiture of any of the discharge credit earned to that point or if insufficient evidence exists that would warrant the forfeiture of discharge credit. (C) If the sentencing court finds sufficient evidence warranting a forfeiture of discharge credits, the division shall make the necessary forfeiture of earned discharge credit appropriate for the type of misconduct asserted in the objection. (D) (i) If the sentencing court does not find sufficient evidence exists that warrants forfeiture of discharge credits, the division shall discharge the person immediately if the date upon which the completion of the sentence occurred has passed. (ii) If the date for completion of the sentence has not occurred, the person shall return to the status held at the point the objection was filed.

(1) No less than forty-five (45) days before the discharge date, the Division of Community Correction shall submit notice to: (A) The prosecuting attorney; and (B) The Post-Prison Transfer Board.

(A) The prosecuting attorney; and

(B) The Post-Prison Transfer Board.

(2) Within thirty (30) days of receipt of the earned discharge notice, the prosecuting attorney or the board may submit to the division in writing any reasonable objection to early discharge under this subchapter warranting the forfeiture of earned-discharge credit.

(3) If an objection under subdivision (b)(2) of this section is lodged, the division shall immediately suspend the discharge of the sentence.

(4) The parolee or probationer may file a petition for review in the sentencing court.

(5) A review shall be conducted in the sentencing court within fourteen (14) days of the filing of the petition.

(6) (A) The sentencing court shall consider the objections against the person based solely on the information contained in the petition. (B) The sentencing court shall determine, based on a preponderance of the evidence, whether the person should not be discharged from the sentence because, if the information contained in the petition had been known to the division, the division would have ordered the forfeiture of any of the discharge credit earned to that point or if insufficient evidence exists that would warrant the forfeiture of discharge credit. (C) If the sentencing court finds sufficient evidence warranting a forfeiture of discharge credits, the division shall make the necessary forfeiture of earned discharge credit appropriate for the type of misconduct asserted in the objection. (D) (i) If the sentencing court does not find sufficient evidence exists that warrants forfeiture of discharge credits, the division shall discharge the person immediately if the date upon which the completion of the sentence occurred has passed. (ii) If the date for completion of the sentence has not occurred, the person shall return to the status held at the point the objection was filed.

(A) The sentencing court shall consider the objections against the person based solely on the information contained in the petition.

(B) The sentencing court shall determine, based on a preponderance of the evidence, whether the person should not be discharged from the sentence because, if the information contained in the petition had been known to the division, the division would have ordered the forfeiture of any of the discharge credit earned to that point or if insufficient evidence exists that would warrant the forfeiture of discharge credit.

(C) If the sentencing court finds sufficient evidence warranting a forfeiture of discharge credits, the division shall make the necessary forfeiture of earned discharge credit appropriate for the type of misconduct asserted in the objection.

(D) (i) If the sentencing court does not find sufficient evidence exists that warrants forfeiture of discharge credits, the division shall discharge the person immediately if the date upon which the completion of the sentence occurred has passed. (ii) If the date for completion of the sentence has not occurred, the person shall return to the status held at the point the objection was filed.

(i) If the sentencing court does not find sufficient evidence exists that warrants forfeiture of discharge credits, the division shall discharge the person immediately if the date upon which the completion of the sentence occurred has passed.

(ii) If the date for completion of the sentence has not occurred, the person shall return to the status held at the point the objection was filed.

(c) If the prosecuting attorney or the board does not file an objection, upon the filing of a petition in the sentencing court by the parolee or probationer stating that no objections have been filed, the court may discharge the person immediately if the date upon which the completion of the sentence has passed.

(d) An appeal may not be taken by either party from the sentencing court's findings or the division's decision for early discharge.

Amended by Act 2023, No. 659,§ 140, eff. 1/1/2024.

Amended by Act 2015, No. 951,§ 1, eff. 4/2/2015.

Amended by Act 2013, No. 1335,§ 3, eff. 8/16/2013.

Acts 2011, No. 570, § 82.
Ark. Code Ann. § 16-32-303 — AR Code / Title 16 / Chapter 32 / Subchapter 3 / Section 16-32-303
Judicial determination of need for expanded list
Status: in_force

(a) The administrative circuit judge for each county shall determine that either the list of registered voters or the enhanced list, but not both, shall be utilized in the selection of all prospective jurors for all circuit court divisions within the county, based upon a consideration of whether the use of registered voters creates a sufficient pool for the selection of jurors to offer an adequate cross section of the community. (b) If the judge determines that the enhanced prospective juror list, as described in § 16-32-302 , should be used by the county, then the judge on or before October 1 shall inform the circuit clerk who shall notify the Secretary of State and the Administrative Office of the Courts that the enhanced list will be requested for the county. Acts 2003, No. 1404, § 3; 2005, No. 87, § 10.

(a) The administrative circuit judge for each county shall determine that either the list of registered voters or the enhanced list, but not both, shall be utilized in the selection of all prospective jurors for all circuit court divisions within the county, based upon a consideration of whether the use of registered voters creates a sufficient pool for the selection of jurors to offer an adequate cross section of the community.

(b) If the judge determines that the enhanced prospective juror list, as described in § 16-32-302 , should be used by the county, then the judge on or before October 1 shall inform the circuit clerk who shall notify the Secretary of State and the Administrative Office of the Courts that the enhanced list will be requested for the county.

Acts 2003, No. 1404, § 3; 2005, No. 87, § 10.
Ark. Code Ann. § 16-66-302 — AR Code / Title 16 / Chapter 66 / Subchapter 3 / Section 16-66-302
Stay not allowed in specified instances
Status: in_force

(a) No stay shall be allowed upon: (1) A judgment or decree against any collecting officer, attorney at law, or agent for a delinquency or default in executing or fulfilling the duties of his or her office or place, or failing to pay over money collected by him or her in such capacity, or against a principal by his or her surety, or of a debt due by obligation having the force of a judgment, or of a judgment or decree for specific property, or for the property or its value; or (2) A judgment or decree enforcing a lien in favor of a vendor or mortgagee; or (3) A judgment for personal injury or injuries resulting in death caused by neglect or default of another. (b) In the cases mentioned in this section in which a stay is not allowed, the execution shall be so endorsed by the clerk. Civil Code, § 679; Acts 1909, No. 202, § 1, p. 590; C. & M. Dig., § 4297; Pope's Dig., § 5309; A.S.A. 1947, § 30-304.

(a) No stay shall be allowed upon: (1) A judgment or decree against any collecting officer, attorney at law, or agent for a delinquency or default in executing or fulfilling the duties of his or her office or place, or failing to pay over money collected by him or her in such capacity, or against a principal by his or her surety, or of a debt due by obligation having the force of a judgment, or of a judgment or decree for specific property, or for the property or its value; or (2) A judgment or decree enforcing a lien in favor of a vendor or mortgagee; or (3) A judgment for personal injury or injuries resulting in death caused by neglect or default of another.

(1) A judgment or decree against any collecting officer, attorney at law, or agent for a delinquency or default in executing or fulfilling the duties of his or her office or place, or failing to pay over money collected by him or her in such capacity, or against a principal by his or her surety, or of a debt due by obligation having the force of a judgment, or of a judgment or decree for specific property, or for the property or its value; or

(2) A judgment or decree enforcing a lien in favor of a vendor or mortgagee; or

(3) A judgment for personal injury or injuries resulting in death caused by neglect or default of another.

(b) In the cases mentioned in this section in which a stay is not allowed, the execution shall be so endorsed by the clerk.

Civil Code, § 679; Acts 1909, No. 202, § 1, p. 590; C. & M. Dig., § 4297; Pope's Dig., § 5309; A.S.A. 1947, § 30-304.
Ark. Code Ann. § 16-131-205 — AR Code / Title 16 / Chapter 131 / Subchapter 2 / Section 16-131-205
Disbursements under settlement agreements
Status: in_force

(a) Any moneys payable under a settlement agreement entered into under § 16-131-204 shall be paid as follows: (1) If the minor or guardian is represented by an attorney and the settlement is paid in cash, by draft, or by direct deposit into the attorney's trust account that is maintained pursuant to Supreme Court rule, to be held for the benefit of the minor, the attorney shall: (A) Deposit the moneys received on behalf of the minor directly into a federally insured savings account that earns interest in the sole name of the minor; and (B) Provide notice of the deposit to the minor and the guardian by personal service or first class mail; (2) If the minor or guardian is not represented by an attorney and the settlement is paid: (A) In cash or by draft, the moneys shall be deposited by the guardian directly into a federally insured savings account that earns interest in the sole name of the minor; or (B) (i) By direct deposit, the moneys shall be deposited directly into a federally insured savings account that earns interest in the sole name of the minor. (ii) The guardian shall provide the person or entity with whom the minor has settled the claim with the information necessary to complete an electronic transfer of settlement funds into a federally insured savings account that earns interest in the sole name of the minor within ten (10) business days of the settlement. (iii) Notice of the deposit of the electronic transfer of funds shall be delivered by personal service or first class mail to the minor and guardian by the person or entity against whom a minor has a claim that settles the claim with the minor; (3) If paid by purchase of an annuity, the moneys shall be paid by direct payment to the provider of the annuity with the minor designated as the sole beneficiary of the annuity; or (4) If the minor is in state custody and the settlement is paid in cash or by draft, the moneys shall be deposited directly into a trust account established by the Department of Human Services for receiving moneys payable to the minor under the settlement agreement and that earns interest for the benefit of the minor. (b) The moneys in the minor's savings account or trust account established under subsection (a) of this section shall not be withdrawn, removed, paid out, or transferred to any person, including the minor, except: (1) Pursuant to a court order; (2) Upon the minor's attainment of eighteen (18) years of age or being otherwise emancipated; or (3) Upon the death of the minor. Added by Act 2023, No. 468,§ 1, eff. 8/1/2023.

(a) Any moneys payable under a settlement agreement entered into under § 16-131-204 shall be paid as follows: (1) If the minor or guardian is represented by an attorney and the settlement is paid in cash, by draft, or by direct deposit into the attorney's trust account that is maintained pursuant to Supreme Court rule, to be held for the benefit of the minor, the attorney shall: (A) Deposit the moneys received on behalf of the minor directly into a federally insured savings account that earns interest in the sole name of the minor; and (B) Provide notice of the deposit to the minor and the guardian by personal service or first class mail; (2) If the minor or guardian is not represented by an attorney and the settlement is paid: (A) In cash or by draft, the moneys shall be deposited by the guardian directly into a federally insured savings account that earns interest in the sole name of the minor; or (B) (i) By direct deposit, the moneys shall be deposited directly into a federally insured savings account that earns interest in the sole name of the minor. (ii) The guardian shall provide the person or entity with whom the minor has settled the claim with the information necessary to complete an electronic transfer of settlement funds into a federally insured savings account that earns interest in the sole name of the minor within ten (10) business days of the settlement. (iii) Notice of the deposit of the electronic transfer of funds shall be delivered by personal service or first class mail to the minor and guardian by the person or entity against whom a minor has a claim that settles the claim with the minor; (3) If paid by purchase of an annuity, the moneys shall be paid by direct payment to the provider of the annuity with the minor designated as the sole beneficiary of the annuity; or (4) If the minor is in state custody and the settlement is paid in cash or by draft, the moneys shall be deposited directly into a trust account established by the Department of Human Services for receiving moneys payable to the minor under the settlement agreement and that earns interest for the benefit of the minor.

(1) If the minor or guardian is represented by an attorney and the settlement is paid in cash, by draft, or by direct deposit into the attorney's trust account that is maintained pursuant to Supreme Court rule, to be held for the benefit of the minor, the attorney shall: (A) Deposit the moneys received on behalf of the minor directly into a federally insured savings account that earns interest in the sole name of the minor; and (B) Provide notice of the deposit to the minor and the guardian by personal service or first class mail;

(A) Deposit the moneys received on behalf of the minor directly into a federally insured savings account that earns interest in the sole name of the minor; and

(B) Provide notice of the deposit to the minor and the guardian by personal service or first class mail;

(2) If the minor or guardian is not represented by an attorney and the settlement is paid: (A) In cash or by draft, the moneys shall be deposited by the guardian directly into a federally insured savings account that earns interest in the sole name of the minor; or (B) (i) By direct deposit, the moneys shall be deposited directly into a federally insured savings account that earns interest in the sole name of the minor. (ii) The guardian shall provide the person or entity with whom the minor has settled the claim with the information necessary to complete an electronic transfer of settlement funds into a federally insured savings account that earns interest in the sole name of the minor within ten (10) business days of the settlement. (iii) Notice of the deposit of the electronic transfer of funds shall be delivered by personal service or first class mail to the minor and guardian by the person or entity against whom a minor has a claim that settles the claim with the minor;

(A) In cash or by draft, the moneys shall be deposited by the guardian directly into a federally insured savings account that earns interest in the sole name of the minor; or

(B) (i) By direct deposit, the moneys shall be deposited directly into a federally insured savings account that earns interest in the sole name of the minor. (ii) The guardian shall provide the person or entity with whom the minor has settled the claim with the information necessary to complete an electronic transfer of settlement funds into a federally insured savings account that earns interest in the sole name of the minor within ten (10) business days of the settlement. (iii) Notice of the deposit of the electronic transfer of funds shall be delivered by personal service or first class mail to the minor and guardian by the person or entity against whom a minor has a claim that settles the claim with the minor;

(i) By direct deposit, the moneys shall be deposited directly into a federally insured savings account that earns interest in the sole name of the minor.

(ii) The guardian shall provide the person or entity with whom the minor has settled the claim with the information necessary to complete an electronic transfer of settlement funds into a federally insured savings account that earns interest in the sole name of the minor within ten (10) business days of the settlement.

(iii) Notice of the deposit of the electronic transfer of funds shall be delivered by personal service or first class mail to the minor and guardian by the person or entity against whom a minor has a claim that settles the claim with the minor;

(3) If paid by purchase of an annuity, the moneys shall be paid by direct payment to the provider of the annuity with the minor designated as the sole beneficiary of the annuity; or

(4) If the minor is in state custody and the settlement is paid in cash or by draft, the moneys shall be deposited directly into a trust account established by the Department of Human Services for receiving moneys payable to the minor under the settlement agreement and that earns interest for the benefit of the minor.

(b) The moneys in the minor's savings account or trust account established under subsection (a) of this section shall not be withdrawn, removed, paid out, or transferred to any person, including the minor, except: (1) Pursuant to a court order; (2) Upon the minor's attainment of eighteen (18) years of age or being otherwise emancipated; or (3) Upon the death of the minor.

(1) Pursuant to a court order;

(2) Upon the minor's attainment of eighteen (18) years of age or being otherwise emancipated; or

(3) Upon the death of the minor.

Added by Act 2023, No. 468,§ 1, eff. 8/1/2023.
Ark. Code Ann. § 16-43-303 — AR Code / Title 16 / Chapter 43 / Subchapter 3 / Section 16-43-303
Finding of court - Order that prisoner be produced in other state
Status: in_force

If at the hearing the judge determines: (1) That the witness may be material and necessary; (2) That his attending and testifying are not adverse to the interests of this state or to the health or legal rights of the witness; (3) That the laws of the state in which he is requested to testify will give him protection from arrest and the service of civil and criminal process because of any act committed prior to his arrival in the state under the order; and (4) That as a practical matter the possibility is negligible that the witness may be subject to arrest or to the service of civil or criminal process in any state through which he will be required to pass, the judge shall issue an order, with a copy of the certificate attached: (A) Directing the witness to attend and testify; (B) Directing the person having the custody of the witness to produce him, in the court where the criminal action is pending or where the grand jury investigation is pending, at a time and place specified in the order; and (C) Prescribing such conditions as the judge shall determine. Acts 1959, No. 216, § 3; A.S.A. 1947, § 43-2027.

If at the hearing the judge determines:

(1) That the witness may be material and necessary;

(2) That his attending and testifying are not adverse to the interests of this state or to the health or legal rights of the witness;

(3) That the laws of the state in which he is requested to testify will give him protection from arrest and the service of civil and criminal process because of any act committed prior to his arrival in the state under the order; and

(4) That as a practical matter the possibility is negligible that the witness may be subject to arrest or to the service of civil or criminal process in any state through which he will be required to pass, the judge shall issue an order, with a copy of the certificate attached: (A) Directing the witness to attend and testify; (B) Directing the person having the custody of the witness to produce him, in the court where the criminal action is pending or where the grand jury investigation is pending, at a time and place specified in the order; and (C) Prescribing such conditions as the judge shall determine.

(A) Directing the witness to attend and testify;

(B) Directing the person having the custody of the witness to produce him, in the court where the criminal action is pending or where the grand jury investigation is pending, at a time and place specified in the order; and

(C) Prescribing such conditions as the judge shall determine.

Acts 1959, No. 216, § 3; A.S.A. 1947, § 43-2027.
Ark. Code Ann. § 16-6-104 — AR Code / Title 16 / Chapter 6 / Subchapter 1 / Section 16-6-104
Volunteer not vicariously liable - Construction of subchapter
Status: in_force

(a) A qualified volunteer shall not be held vicariously liable for the negligence of another in connection with or as a consequence of his or her volunteer activities. (b) Nothing in this subchapter shall be construed to limit the liability of a person acting outside the scope of the volunteer program. (c) Nothing in this subchapter shall be construed to limit the liability of any volunteer agency. Acts 1987, No. 390, §§ 4, 6, 7.

(a) A qualified volunteer shall not be held vicariously liable for the negligence of another in connection with or as a consequence of his or her volunteer activities.

(b) Nothing in this subchapter shall be construed to limit the liability of a person acting outside the scope of the volunteer program.

(c) Nothing in this subchapter shall be construed to limit the liability of any volunteer agency.

Acts 1987, No. 390, §§ 4, 6, 7.
Ark. Code Ann. § 16-17-121 — AR Code / Title 16 / Chapter 17 / Subchapter 1 / Section 16-17-121
Salary increases - Factors to consider
Status: in_force

(a) In the event the General Assembly establishes a district court cost fund to be used exclusively for the operation and expenses of the district court, any district court judge's, clerk's, or other employee's salary authorized by § 16-17-108 may be increased from the minimum salary upward to any amount not exceeding the maximum salary authorized in § 16-17-108 and may be paid from the fund as set forth hereafter. (b) The city council or the county quorum court, or both, if authorized, of the local governmental jurisdictions responsible for paying the salaries of the district court judge, clerks, and other employees may authorize salary increases for the various court personnel as authorized above after considering the following factors: (1) The amount and availability of funds in the district court cost fund; (2) The volume of caseload; (3) The backlog of cases, if any, on the court docket; (4) The time required in dealing with cases; (5) The skill required in dealing with cases; and (6) The amount of time taken away from the judge's private practice, if applicable. Acts 1987, No. 1031, § 2; 2003, No. 1185, § 113.

(a) In the event the General Assembly establishes a district court cost fund to be used exclusively for the operation and expenses of the district court, any district court judge's, clerk's, or other employee's salary authorized by § 16-17-108 may be increased from the minimum salary upward to any amount not exceeding the maximum salary authorized in § 16-17-108 and may be paid from the fund as set forth hereafter.

(b) The city council or the county quorum court, or both, if authorized, of the local governmental jurisdictions responsible for paying the salaries of the district court judge, clerks, and other employees may authorize salary increases for the various court personnel as authorized above after considering the following factors: (1) The amount and availability of funds in the district court cost fund; (2) The volume of caseload; (3) The backlog of cases, if any, on the court docket; (4) The time required in dealing with cases; (5) The skill required in dealing with cases; and (6) The amount of time taken away from the judge's private practice, if applicable.

(1) The amount and availability of funds in the district court cost fund;

(2) The volume of caseload;

(3) The backlog of cases, if any, on the court docket;

(4) The time required in dealing with cases;

(5) The skill required in dealing with cases; and

(6) The amount of time taken away from the judge's private practice, if applicable.

Acts 1987, No. 1031, § 2; 2003, No. 1185, § 113.
Ark. Code Ann. § 16-123-317 — AR Code / Title 16 / Chapter 123 / Subchapter 3 / Section 16-123-317
Complaint
Status: in_force

(a) The Director of the Arkansas Fair Housing Commission shall investigate any discriminatory housing practices alleged in a complaint filed under this section. (b) A complaint shall be: (1) In writing and under oath; and (2) In the form specified and standardized by this subchapter and the rules promulgated by the Arkansas Fair Housing Commission, which shall not require that the complaint be notarized. (c) An aggrieved person shall not file later than one (1) year after an alleged discriminatory housing practice has occurred or terminated a complaint with the commission alleging the discriminatory housing practice. (d) Not later than one (1) year after an alleged discriminatory housing practice has occurred or terminated, the commission may file its own complaint. (e) A complaint may be reasonably and fairly amended at any time. (f) On the filing of a complaint, the director shall: (1) Give the aggrieved person notice that the complaint has been received; (2) Advise the aggrieved person of the time limits and choice of forums under this subchapter; and (3) Not later than the tenth day after the filing of the complaint or after the identification of an additional respondent under § 16-123-320 , provide each respondent: (A) Notice identifying the alleged discriminatory housing practice and advising the respondent of the procedural rights and obligations of a respondent under this subchapter; and (B) A copy of the original complaint. Amended by Act 2019, No. 315,§ 1322, eff. 7/24/2019. Acts 2001, No. 1785, § 18.

(a) The Director of the Arkansas Fair Housing Commission shall investigate any discriminatory housing practices alleged in a complaint filed under this section.

(b) A complaint shall be: (1) In writing and under oath; and (2) In the form specified and standardized by this subchapter and the rules promulgated by the Arkansas Fair Housing Commission, which shall not require that the complaint be notarized.

(1) In writing and under oath; and

(2) In the form specified and standardized by this subchapter and the rules promulgated by the Arkansas Fair Housing Commission, which shall not require that the complaint be notarized.

(c) An aggrieved person shall not file later than one (1) year after an alleged discriminatory housing practice has occurred or terminated a complaint with the commission alleging the discriminatory housing practice.

(d) Not later than one (1) year after an alleged discriminatory housing practice has occurred or terminated, the commission may file its own complaint.

(e) A complaint may be reasonably and fairly amended at any time.

(f) On the filing of a complaint, the director shall: (1) Give the aggrieved person notice that the complaint has been received; (2) Advise the aggrieved person of the time limits and choice of forums under this subchapter; and (3) Not later than the tenth day after the filing of the complaint or after the identification of an additional respondent under § 16-123-320 , provide each respondent: (A) Notice identifying the alleged discriminatory housing practice and advising the respondent of the procedural rights and obligations of a respondent under this subchapter; and (B) A copy of the original complaint.

(1) Give the aggrieved person notice that the complaint has been received;

(2) Advise the aggrieved person of the time limits and choice of forums under this subchapter; and

(3) Not later than the tenth day after the filing of the complaint or after the identification of an additional respondent under § 16-123-320 , provide each respondent: (A) Notice identifying the alleged discriminatory housing practice and advising the respondent of the procedural rights and obligations of a respondent under this subchapter; and (B) A copy of the original complaint.

(A) Notice identifying the alleged discriminatory housing practice and advising the respondent of the procedural rights and obligations of a respondent under this subchapter; and

(B) A copy of the original complaint.

Amended by Act 2019, No. 315,§ 1322, eff. 7/24/2019.

Acts 2001, No. 1785, § 18.
Ark. Code Ann. § 16-93-1601 — AR Code / Title 16 / Chapter 93 / Subchapter 16 / Section 16-93-1601
Legislative intent
Status: in_force

It is the intent of the General Assembly to: (1) Establish rules for facilities that house offenders who have been transferred, paroled, or placed on probation through the Arkansas criminal justice system in order to promote, protect, and improve the health, safety, and welfare of the citizens of the State of Arkansas; and (2) Establish these rules in order to help reduce recidivism in our criminal justice system and to provide rules to protect the individuals in the programs and to protect the neighborhoods and communities in which the programs and facilities are located. Amended by Act 2019, No. 315,§ 1316, eff. 7/24/2019. Acts 2005, No. 1378, § 1.

It is the intent of the General Assembly to:

(1) Establish rules for facilities that house offenders who have been transferred, paroled, or placed on probation through the Arkansas criminal justice system in order to promote, protect, and improve the health, safety, and welfare of the citizens of the State of Arkansas; and

(2) Establish these rules in order to help reduce recidivism in our criminal justice system and to provide rules to protect the individuals in the programs and to protect the neighborhoods and communities in which the programs and facilities are located.

Amended by Act 2019, No. 315,§ 1316, eff. 7/24/2019.

Acts 2005, No. 1378, § 1.
Ark. Code Ann. § 16-110-118 — AR Code / Title 16 / Chapter 110 / Subchapter 1 / Section 16-110-118
Motion to discharge before term of court
Status: in_force

(a) On reasonable notice to the plaintiff, the defendant may, at any time before the term next after the levy of the attachment, move the judge of the court in vacation to discharge the attachment, on the grounds of its having been issued contrary to 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 . (b) The judge, on an inspection of the papers in the action or of the authenticated copies of them, shall have the same power of discharging the attachment by his or her written order, filed by the clerk, as he or she would have in court and shall have like power to permit amendments by the plaintiff. Civil Code, § 285; C. & M. Dig., § 574; Pope's Dig., § 611; A.S.A. 1947, § 31-128.

(a) On reasonable notice to the plaintiff, the defendant may, at any time before the term next after the levy of the attachment, move the judge of the court in vacation to discharge the attachment, on the grounds of its having been issued contrary to 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 .

(b) The judge, on an inspection of the papers in the action or of the authenticated copies of them, shall have the same power of discharging the attachment by his or her written order, filed by the clerk, as he or she would have in court and shall have like power to permit amendments by the plaintiff.

Civil Code, § 285; C. & M. Dig., § 574; Pope's Dig., § 611; A.S.A. 1947, § 31-128.
Ark. Code Ann. § 16-13-1304 — AR Code / Title 16 / Chapter 13 / Subchapter 13 / Section 16-13-1304
Case coordinator
Status: in_force

(a) (1) The Judge of the Circuit Court for the Fifth Judicial District may appoint one (1) case coordinator for said district for circuit matters. (2) The Judge of the Chancery and Probate Court for the Fifth Judicial District may appoint one (1) case coordinator for the district for chancery and probate matters. (b) The principal duties of the case coordinators shall be to maintain the court calendar, schedule dates for the trial of cases and for the hearing of motions, and other related and incidental duties at the direction of the judges. (c) The case coordinators authorized by this section shall be appointed by the respective judges, shall be sworn officers of the court, and shall hold office at the discretion of and during the term of the judge who appointed them, except that they may be dismissed for incompetency, neglect of duty, or misbehavior. (d) Each case coordinator shall receive expenses and automobile allowances as authorized for county employees. The same shall be prorated among the counties comprising the district in the same manner as the salary set forth above and be paid out of the county treasury. Acts 1995, No. 1246, § 1.

(a) (1) The Judge of the Circuit Court for the Fifth Judicial District may appoint one (1) case coordinator for said district for circuit matters. (2) The Judge of the Chancery and Probate Court for the Fifth Judicial District may appoint one (1) case coordinator for the district for chancery and probate matters.

(1) The Judge of the Circuit Court for the Fifth Judicial District may appoint one (1) case coordinator for said district for circuit matters.

(2) The Judge of the Chancery and Probate Court for the Fifth Judicial District may appoint one (1) case coordinator for the district for chancery and probate matters.

(b) The principal duties of the case coordinators shall be to maintain the court calendar, schedule dates for the trial of cases and for the hearing of motions, and other related and incidental duties at the direction of the judges.

(c) The case coordinators authorized by this section shall be appointed by the respective judges, shall be sworn officers of the court, and shall hold office at the discretion of and during the term of the judge who appointed them, except that they may be dismissed for incompetency, neglect of duty, or misbehavior.

(d) Each case coordinator shall receive expenses and automobile allowances as authorized for county employees. The same shall be prorated among the counties comprising the district in the same manner as the salary set forth above and be paid out of the county treasury.

Acts 1995, No. 1246, § 1.
Ark. Code Ann. § 16-19-506 — AR Code / Title 16 / Chapter 19 / Subchapter 5 / Section 16-19-506
[Repealed]
Status: repealed

Repealed by Act 2021, No. 475,§ 15, eff. 7/28/2021. Acts 1873, No. 135, §§ 9, 10, p. 430; C. & M. Dig., §§ 6416, 6417; Pope's Dig., §§ 8378, 8379; A.S.A. 1947, §§ 26-506, 26-507.

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

Acts 1873, No. 135, §§ 9, 10, p. 430; C. & M. Dig., §§ 6416, 6417; Pope's Dig., §§ 8378, 8379; A.S.A. 1947, §§ 26-506, 26-507.
Ark. Code Ann. § 16-81-302 — AR Code / Title 16 / Chapter 81 / Subchapter 3 / Section 16-81-302
Disposition of prisoner
Status: in_force

If such an arrest is made in obedience to a warrant, the disposition of the prisoner shall be as in other cases of arrest under a warrant; if the arrest is without a warrant, the prisoner shall without unnecessary delay be taken before a judge or magistrate of the county wherein such an arrest was made. Acts 1941, No. 19, § 2; A.S.A. 1947, § 43-502; Acts 2005, No. 1994, § 269.

If such an arrest is made in obedience to a warrant, the disposition of the prisoner shall be as in other cases of arrest under a warrant; if the arrest is without a warrant, the prisoner shall without unnecessary delay be taken before a judge or magistrate of the county wherein such an arrest was made.

Acts 1941, No. 19, § 2; A.S.A. 1947, § 43-502; Acts 2005, No. 1994, § 269.