Ark. Code Ann. § 16-13-702 — AR Code / Title 16 / Chapter 13 / Subchapter 7 / Section 16-13-702
Immediate payment
Status: in_force

(a) (1) When a court has imposed a fine, as described in § 16-13-701 , the imposition of such a fine constitutes an order to pay the full amount of the fine in accordance with this subchapter. (2) Following imposition of the fine, the court shall inform the defendant that full payment of the fine is due immediately and shall inquire of the defendant what arrangements he or she has made to comply with the court's order to pay the fine. (3) Without utilizing the provisions of § 16-13-704 , the court may allow the defendant a period of time, not to extend beyond the time of the close of the clerk's office on the following day, within which to return to the court and tender payment of the fine. (4) (A) (i) If the defendant fails to appear as directed, the court shall issue an order of arrest. (ii) The arrest order shall be carried out by the sheriff. (B) The court may also, upon the defendant's failure to appear, utilize any of the enforcement mechanisms authorized by this subchapter. (5) (A) If the defendant claims an inability to pay the fine, the court shall inquire into the defendant's ability to pay and shall make a determination of the defendant's financial ability to pay the fine. (B) If the court finds that the defendant has the financial ability to make immediate payment of the fine in full, the court shall order him or her to pay the fine. (C) Failure or refusal to pay as ordered by the court shall subject the defendant to imprisonment, as provided in § 16-13-703 . (b) (1) When a corporation is sentenced to pay a fine or costs, it is the duty of the person authorized to make disbursement from the assets of the corporation to pay the fine or costs. (2) If such disbursements require approval of the board of directors, it is the duty of the board to authorize disbursements to pay the fine or costs. (3) Failure to comply with the duties imposed by this subsection shall render the person or directors subject to imprisonment under § 16-13-703 . Acts 1995, No. 1262, §§ 2, 4.

(a) (1) When a court has imposed a fine, as described in § 16-13-701 , the imposition of such a fine constitutes an order to pay the full amount of the fine in accordance with this subchapter. (2) Following imposition of the fine, the court shall inform the defendant that full payment of the fine is due immediately and shall inquire of the defendant what arrangements he or she has made to comply with the court's order to pay the fine. (3) Without utilizing the provisions of § 16-13-704 , the court may allow the defendant a period of time, not to extend beyond the time of the close of the clerk's office on the following day, within which to return to the court and tender payment of the fine. (4) (A) (i) If the defendant fails to appear as directed, the court shall issue an order of arrest. (ii) The arrest order shall be carried out by the sheriff. (B) The court may also, upon the defendant's failure to appear, utilize any of the enforcement mechanisms authorized by this subchapter. (5) (A) If the defendant claims an inability to pay the fine, the court shall inquire into the defendant's ability to pay and shall make a determination of the defendant's financial ability to pay the fine. (B) If the court finds that the defendant has the financial ability to make immediate payment of the fine in full, the court shall order him or her to pay the fine. (C) Failure or refusal to pay as ordered by the court shall subject the defendant to imprisonment, as provided in § 16-13-703 .

(1) When a court has imposed a fine, as described in § 16-13-701 , the imposition of such a fine constitutes an order to pay the full amount of the fine in accordance with this subchapter.

(2) Following imposition of the fine, the court shall inform the defendant that full payment of the fine is due immediately and shall inquire of the defendant what arrangements he or she has made to comply with the court's order to pay the fine.

(3) Without utilizing the provisions of § 16-13-704 , the court may allow the defendant a period of time, not to extend beyond the time of the close of the clerk's office on the following day, within which to return to the court and tender payment of the fine.

(4) (A) (i) If the defendant fails to appear as directed, the court shall issue an order of arrest. (ii) The arrest order shall be carried out by the sheriff. (B) The court may also, upon the defendant's failure to appear, utilize any of the enforcement mechanisms authorized by this subchapter.

(A) (i) If the defendant fails to appear as directed, the court shall issue an order of arrest. (ii) The arrest order shall be carried out by the sheriff.

(i) If the defendant fails to appear as directed, the court shall issue an order of arrest.

(ii) The arrest order shall be carried out by the sheriff.

(B) The court may also, upon the defendant's failure to appear, utilize any of the enforcement mechanisms authorized by this subchapter.

(5) (A) If the defendant claims an inability to pay the fine, the court shall inquire into the defendant's ability to pay and shall make a determination of the defendant's financial ability to pay the fine. (B) If the court finds that the defendant has the financial ability to make immediate payment of the fine in full, the court shall order him or her to pay the fine. (C) Failure or refusal to pay as ordered by the court shall subject the defendant to imprisonment, as provided in § 16-13-703 .

(A) If the defendant claims an inability to pay the fine, the court shall inquire into the defendant's ability to pay and shall make a determination of the defendant's financial ability to pay the fine.

(B) If the court finds that the defendant has the financial ability to make immediate payment of the fine in full, the court shall order him or her to pay the fine.

(C) Failure or refusal to pay as ordered by the court shall subject the defendant to imprisonment, as provided in § 16-13-703 .

(b) (1) When a corporation is sentenced to pay a fine or costs, it is the duty of the person authorized to make disbursement from the assets of the corporation to pay the fine or costs. (2) If such disbursements require approval of the board of directors, it is the duty of the board to authorize disbursements to pay the fine or costs. (3) Failure to comply with the duties imposed by this subsection shall render the person or directors subject to imprisonment under § 16-13-703 .

(1) When a corporation is sentenced to pay a fine or costs, it is the duty of the person authorized to make disbursement from the assets of the corporation to pay the fine or costs.

(2) If such disbursements require approval of the board of directors, it is the duty of the board to authorize disbursements to pay the fine or costs.

(3) Failure to comply with the duties imposed by this subsection shall render the person or directors subject to imprisonment under § 16-13-703 .

Acts 1995, No. 1262, §§ 2, 4.
Ark. Code Ann. § 16-120-503 — AR Code / Title 16 / Chapter 120 / Subchapter 5 / Section 16-120-503
Church or other place of worship not vicariously liable
Status: in_force

A church or other place of worship or its agent is not vicariously liable for the negligence of another person on the property of the church or other place of worship during the time the church or other place of worship is used as a polling site. Added by Act 2013, No. 1118,§ 1, eff. 8/16/2013.

A church or other place of worship or its agent is not vicariously liable for the negligence of another person on the property of the church or other place of worship during the time the church or other place of worship is used as a polling site.

Added by Act 2013, No. 1118,§ 1, eff. 8/16/2013.
Ark. Code Ann. § 16-105-412 — AR Code / Title 16 / Chapter 105 / Subchapter 4 / Section 16-105-412
Order of abatement - Civil penalty - Damages
Status: in_force

(a) If the existence of the common nuisance is established in the action, an order of abatement shall be entered as a part of the judgment, which order shall direct the removal from the building or place of all fixtures and other movable property used in conducting, maintaining, aiding, or abetting the common nuisance and shall direct their sale in the manner provided for the sale of chattels under execution. (b) The order shall provide for any appropriate equitable relief as determined by the court to be necessary to abate said common nuisance and may further provide, if determined to be the least restrictive alternative available to effectively accomplish said abatement, for the effectual closing of the building or place for such period of time as is determined to be necessary by the court as adequate to abate said common nuisance. An alternative to closure may be considered only as provided in this section. (c) (1) If the court finds that any vacancy resulting from closure of the building or place may create a nuisance or that closure is otherwise harmful to the community, in lieu of ordering the building or place closed, the court may order the person who is responsible for the existence of the common nuisance, or the person who knowingly permits controlled substances to be unlawfully sold, served, stored, kept, or given away in or from a building or place he or she owns, to pay damages in an amount equal to the fair market rental value of the building or place for such period of time as determined appropriate by the court to the city or county in whose jurisdiction the common nuisance is located for the purpose of carrying out their drug prevention and education programs. If awarded to a city, eligible programs may include those developed as a result of cooperative programs among schools, community agencies, and the local enforcement agency. If awarded to a county, funds shall be used for those programs that are part of any county program in place or used by the county law enforcement agency. These funds shall not be used to supplant existing city, county, state, or federal resources used for drug prevention and education programs. (2) For purposes of this subsection, the actual amount of rent being received for the rental of the building or place, or the existence of any vacancy therein, may be considered, but shall not be the sole determinant of the fair market rental value. Expert testimony may be used to determine the fair market rental value. (d) In addition, the court may assess a civil penalty not to exceed five thousand dollars ($5,000) against any or all of the defendants, based upon the severity of the common nuisance and its duration. Acts 1989, No. 556, § 1; 1991, No. 926, § 3; 1991, No. 1187, § 3.

(a) If the existence of the common nuisance is established in the action, an order of abatement shall be entered as a part of the judgment, which order shall direct the removal from the building or place of all fixtures and other movable property used in conducting, maintaining, aiding, or abetting the common nuisance and shall direct their sale in the manner provided for the sale of chattels under execution.

(b) The order shall provide for any appropriate equitable relief as determined by the court to be necessary to abate said common nuisance and may further provide, if determined to be the least restrictive alternative available to effectively accomplish said abatement, for the effectual closing of the building or place for such period of time as is determined to be necessary by the court as adequate to abate said common nuisance. An alternative to closure may be considered only as provided in this section.

(c) (1) If the court finds that any vacancy resulting from closure of the building or place may create a nuisance or that closure is otherwise harmful to the community, in lieu of ordering the building or place closed, the court may order the person who is responsible for the existence of the common nuisance, or the person who knowingly permits controlled substances to be unlawfully sold, served, stored, kept, or given away in or from a building or place he or she owns, to pay damages in an amount equal to the fair market rental value of the building or place for such period of time as determined appropriate by the court to the city or county in whose jurisdiction the common nuisance is located for the purpose of carrying out their drug prevention and education programs. If awarded to a city, eligible programs may include those developed as a result of cooperative programs among schools, community agencies, and the local enforcement agency. If awarded to a county, funds shall be used for those programs that are part of any county program in place or used by the county law enforcement agency. These funds shall not be used to supplant existing city, county, state, or federal resources used for drug prevention and education programs. (2) For purposes of this subsection, the actual amount of rent being received for the rental of the building or place, or the existence of any vacancy therein, may be considered, but shall not be the sole determinant of the fair market rental value. Expert testimony may be used to determine the fair market rental value.

(1) If the court finds that any vacancy resulting from closure of the building or place may create a nuisance or that closure is otherwise harmful to the community, in lieu of ordering the building or place closed, the court may order the person who is responsible for the existence of the common nuisance, or the person who knowingly permits controlled substances to be unlawfully sold, served, stored, kept, or given away in or from a building or place he or she owns, to pay damages in an amount equal to the fair market rental value of the building or place for such period of time as determined appropriate by the court to the city or county in whose jurisdiction the common nuisance is located for the purpose of carrying out their drug prevention and education programs. If awarded to a city, eligible programs may include those developed as a result of cooperative programs among schools, community agencies, and the local enforcement agency. If awarded to a county, funds shall be used for those programs that are part of any county program in place or used by the county law enforcement agency. These funds shall not be used to supplant existing city, county, state, or federal resources used for drug prevention and education programs.

(2) For purposes of this subsection, the actual amount of rent being received for the rental of the building or place, or the existence of any vacancy therein, may be considered, but shall not be the sole determinant of the fair market rental value. Expert testimony may be used to determine the fair market rental value.

(d) In addition, the court may assess a civil penalty not to exceed five thousand dollars ($5,000) against any or all of the defendants, based upon the severity of the common nuisance and its duration.

Acts 1989, No. 556, § 1; 1991, No. 926, § 3; 1991, No. 1187, § 3.
Ark. Code Ann. § 16-43-701 — AR Code / Title 16 / Chapter 43 / Subchapter 7 / Section 16-43-701
[Repealed]
Status: repealed

Repealed by Act 2013, No. 1148,§ 8, eff. 8/16/2013. Civil Code, § 659; C. & M. Dig., § 4192; Pope's Dig., § 5203; A.S.A. 1947, § 28-701.

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

Civil Code, § 659; C. & M. Dig., § 4192; Pope's Dig., § 5203; A.S.A. 1947, § 28-701.
Ark. Code Ann. § 16-10-202 — AR Code / Title 16 / Chapter 10 / Subchapter 2 / Section 16-10-202
Definitions
Status: in_force

As used in this subchapter: (1) "Citation" means a written order or electronic ticket issued by a law enforcement officer or employee of the department of public safety of a city or incorporated town who is authorized to make an arrest, requiring a person accused of violating the law to appear in a designated court or governmental office at a specified date and time; (2) "Court" means a district court in the State of Arkansas; and (3) "Electronic ticket" means an electronic citation or warning printed by a law enforcement officer and issued to a person accused of violating the law. Acts 1977, No. 332, § 2; A.S.A. 1947, § 22-1102; Acts 2003, No. 1185, §§ 46, 47; 2011, No. 908, § 1.

As used in this subchapter:

(1) "Citation" means a written order or electronic ticket issued by a law enforcement officer or employee of the department of public safety of a city or incorporated town who is authorized to make an arrest, requiring a person accused of violating the law to appear in a designated court or governmental office at a specified date and time;

(2) "Court" means a district court in the State of Arkansas; and

(3) "Electronic ticket" means an electronic citation or warning printed by a law enforcement officer and issued to a person accused of violating the law.

Acts 1977, No. 332, § 2; A.S.A. 1947, § 22-1102; Acts 2003, No. 1185, §§ 46, 47; 2011, No. 908, § 1.
Ark. Code Ann. § 16-106-203 — AR Code / Title 16 / Chapter 106 / Subchapter 2 / Section 16-106-203
Sanctions
Status: in_force

If the court determines before or at trial that one (1) or more of the causes of action are frivolous or malicious, any one (1) or more of the following sanctions may be imposed: (1) Award attorney's fees and actual costs incurred by the state, the Division of Correction, or the Division of Community Correction, another state agency, a political subdivision, the Attorney General's office, or the defendant, not to exceed two thousand five hundred dollars ($2,500) per frivolous cause of action; (2) Court costs not to exceed five hundred dollars ($500) per cause of action; (3) Order the Division of Correction to revoke up to thirty (30) days' earned good-time credits accrued, under § 12-29-201 et seq.; (4) Order the Division of Correction to revoke permission to have nonessential personal property of the inmate, including, but not limited to, televisions, radios, stereos, or tape recorders. If permission is revoked, the Division of Correction shall take appropriate precautions to protect the property during the period of the revocation; or (5) Impose a civil sanction in an amount not to exceed one thousand dollars ($1,000). Amended by Act 2019, No. 910,§ 968, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 967, eff. 7/1/2019. Acts 1997, No. 371, § 3.

If the court determines before or at trial that one (1) or more of the causes of action are frivolous or malicious, any one (1) or more of the following sanctions may be imposed:

(1) Award attorney's fees and actual costs incurred by the state, the Division of Correction, or the Division of Community Correction, another state agency, a political subdivision, the Attorney General's office, or the defendant, not to exceed two thousand five hundred dollars ($2,500) per frivolous cause of action;

(2) Court costs not to exceed five hundred dollars ($500) per cause of action;

(3) Order the Division of Correction to revoke up to thirty (30) days' earned good-time credits accrued, under § 12-29-201 et seq.;

(4) Order the Division of Correction to revoke permission to have nonessential personal property of the inmate, including, but not limited to, televisions, radios, stereos, or tape recorders. If permission is revoked, the Division of Correction shall take appropriate precautions to protect the property during the period of the revocation; or

(5) Impose a civil sanction in an amount not to exceed one thousand dollars ($1,000).

Amended by Act 2019, No. 910,§ 968, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 967, eff. 7/1/2019.

Acts 1997, No. 371, § 3.
Ark. Code Ann. § 16-22-309 — AR Code / Title 16 / Chapter 22 / Subchapter 3 / Section 16-22-309
Attorney's fees in actions lacking justiciable issue
Status: in_force

(a) (1) In any civil action in which the court having jurisdiction finds that there was a complete absence of a justiciable issue of either law or fact raised by the losing party or his attorney, the court shall award an attorney's fee in an amount not to exceed five thousand dollars ($5,000), or ten percent (10%) of the amount in controversy, whichever is less, to the prevailing party unless a voluntary dismissal is filed or the pleadings are amended as to any nonjusticiable issue within a reasonable time after the attorney or party filing the dismissal or the amended pleadings knew, or reasonably should have known, that he would not prevail. (2) This section shall not apply to actions arising out of a written instrument or agreement which entitles the prevailing party to an award of reasonable attorney's fees. (b) In order to find an action, claim, setoff, counterclaim, or defense to be lacking a justiciable issue of law or fact, the court must find that the action, claim, setoff, counterclaim, or defense was commenced, used, or continued in bad faith solely for purposes of harassing or maliciously injuring another or delaying adjudication without just cause or that the party or the party's attorney knew, or should have known, that the action, claim, setoff, counterclaim, or defense was without any reasonable basis in law or equity and could not be supported by a good faith argument for an extension, modification, or reversal of existing law. (c) In awarding attorney's fees, the court may pronounce its decision on the fees at the conclusion of the trial or special proceedings without written motion and with or without presentation of additional evidence. The judgment for attorney's fees, if any, shall be included in the final judgment entered in the action. (d) On appeal, the question as to whether there was a complete absence of a justiciable issue shall be determined de novo on the record of the trial court alone. Acts 1987, No. 601, §§ 1-5.

(a) (1) In any civil action in which the court having jurisdiction finds that there was a complete absence of a justiciable issue of either law or fact raised by the losing party or his attorney, the court shall award an attorney's fee in an amount not to exceed five thousand dollars ($5,000), or ten percent (10%) of the amount in controversy, whichever is less, to the prevailing party unless a voluntary dismissal is filed or the pleadings are amended as to any nonjusticiable issue within a reasonable time after the attorney or party filing the dismissal or the amended pleadings knew, or reasonably should have known, that he would not prevail. (2) This section shall not apply to actions arising out of a written instrument or agreement which entitles the prevailing party to an award of reasonable attorney's fees.

(1) In any civil action in which the court having jurisdiction finds that there was a complete absence of a justiciable issue of either law or fact raised by the losing party or his attorney, the court shall award an attorney's fee in an amount not to exceed five thousand dollars ($5,000), or ten percent (10%) of the amount in controversy, whichever is less, to the prevailing party unless a voluntary dismissal is filed or the pleadings are amended as to any nonjusticiable issue within a reasonable time after the attorney or party filing the dismissal or the amended pleadings knew, or reasonably should have known, that he would not prevail.

(2) This section shall not apply to actions arising out of a written instrument or agreement which entitles the prevailing party to an award of reasonable attorney's fees.

(b) In order to find an action, claim, setoff, counterclaim, or defense to be lacking a justiciable issue of law or fact, the court must find that the action, claim, setoff, counterclaim, or defense was commenced, used, or continued in bad faith solely for purposes of harassing or maliciously injuring another or delaying adjudication without just cause or that the party or the party's attorney knew, or should have known, that the action, claim, setoff, counterclaim, or defense was without any reasonable basis in law or equity and could not be supported by a good faith argument for an extension, modification, or reversal of existing law.

(c) In awarding attorney's fees, the court may pronounce its decision on the fees at the conclusion of the trial or special proceedings without written motion and with or without presentation of additional evidence. The judgment for attorney's fees, if any, shall be included in the final judgment entered in the action.

(d) On appeal, the question as to whether there was a complete absence of a justiciable issue shall be determined de novo on the record of the trial court alone.

Acts 1987, No. 601, §§ 1-5.
Ark. Code Ann. § 16-90-715 — AR Code / Title 16 / Chapter 90 / Subchapter 7 / Section 16-90-715
Action by state against convicted person for recovery of reparations
Status: in_force

(a) (1) Whenever any person is convicted of a crime and an order for the payment of reparations is or has been made under this subchapter for a personal injury or death resulting from the act or omission constituting the crime for which conviction was had, the Secretary of the Department of Public Safety may institute a civil action against the convicted person for the recovery of all or any part of the reparations paid. (2) (A) The suit shall be instituted in the circuit court having jurisdiction in the county in which the person resides or is found or in Pulaski County. (B) The circuit court shall have jurisdiction to hear, determine, and render judgment in the action. (3) (A) Any amount recovered under this subsection shall be credited to the Crime Victims Reparations Revolving Fund. (B) If an amount greater than that paid pursuant to the order for payment of reparations is recovered and collected in the action, the Crime Victims Reparations Board shall pay the balance to the claimant. (b) The board shall provide the secretary with such information, data, and reports as he or she may require to institute actions in accordance with this section. (c) The secretary may request the assistance of the Attorney General in instituting a civil action against the convicted person for the recovery of all or any part of the reparations paid. Amended by Act 2019, No. 910,§ 5928, eff. 7/1/2019. Acts 1987, No. 817, § 15.

(a) (1) Whenever any person is convicted of a crime and an order for the payment of reparations is or has been made under this subchapter for a personal injury or death resulting from the act or omission constituting the crime for which conviction was had, the Secretary of the Department of Public Safety may institute a civil action against the convicted person for the recovery of all or any part of the reparations paid. (2) (A) The suit shall be instituted in the circuit court having jurisdiction in the county in which the person resides or is found or in Pulaski County. (B) The circuit court shall have jurisdiction to hear, determine, and render judgment in the action. (3) (A) Any amount recovered under this subsection shall be credited to the Crime Victims Reparations Revolving Fund. (B) If an amount greater than that paid pursuant to the order for payment of reparations is recovered and collected in the action, the Crime Victims Reparations Board shall pay the balance to the claimant.

(1) Whenever any person is convicted of a crime and an order for the payment of reparations is or has been made under this subchapter for a personal injury or death resulting from the act or omission constituting the crime for which conviction was had, the Secretary of the Department of Public Safety may institute a civil action against the convicted person for the recovery of all or any part of the reparations paid.

(2) (A) The suit shall be instituted in the circuit court having jurisdiction in the county in which the person resides or is found or in Pulaski County. (B) The circuit court shall have jurisdiction to hear, determine, and render judgment in the action.

(A) The suit shall be instituted in the circuit court having jurisdiction in the county in which the person resides or is found or in Pulaski County.

(B) The circuit court shall have jurisdiction to hear, determine, and render judgment in the action.

(3) (A) Any amount recovered under this subsection shall be credited to the Crime Victims Reparations Revolving Fund. (B) If an amount greater than that paid pursuant to the order for payment of reparations is recovered and collected in the action, the Crime Victims Reparations Board shall pay the balance to the claimant.

(A) Any amount recovered under this subsection shall be credited to the Crime Victims Reparations Revolving Fund.

(B) If an amount greater than that paid pursuant to the order for payment of reparations is recovered and collected in the action, the Crime Victims Reparations Board shall pay the balance to the claimant.

(b) The board shall provide the secretary with such information, data, and reports as he or she may require to institute actions in accordance with this section.

(c) The secretary may request the assistance of the Attorney General in instituting a civil action against the convicted person for the recovery of all or any part of the reparations paid.

Amended by Act 2019, No. 910,§ 5928, eff. 7/1/2019.

Acts 1987, No. 817, § 15.
Ark. Code Ann. § 16-32-106 — AR Code / Title 16 / Chapter 32 / Subchapter 1 / Section 16-32-106
Summons of petit jurors
Status: in_force

(a) The persons whose names have been selected under § 16-32-105 shall be summoned to appear on a date set by the court to answer questions concerning their qualifications and unless excused or disqualified, to serve the required number of days or for the maximum period during the calendar year for which selected unless sooner discharged. (b) Jurors shall be summoned by the court or by the sheriff, as the court directs, by: (1) A notice dispatched by first-class mail; (2) Notice given personally on the telephone; or (3) Service of summons personally or by such other method as is permitted or prescribed by law. (c) (1) (A) If a notice is dispatched by first-class mail, the prospective jurors shall be given a date certain to contact the sheriff or the court to confirm receipt of the notice. (B) Not later than five (5) days before the prospective juror is to appear, the sheriff or the court shall contact the prospective juror if the prospective juror has failed to acknowledge receipt of the notice. (C) The court shall have discretion to determine whether the sheriff or the court will be the prospective juror's primary contact. (2) A notice dispatched by first-class mail shall be sent on a form approved by the Administrative Office of the Courts or it shall include the following language: "You are hereby notified that you have been chosen as a prospective juror. You must notify the sheriff [or the court] on or before ...............(date) ...............to confirm that you have received this notice. If you do not notify the sheriff [or the court] to confirm this notice, the sheriff [or the court] will contact you and there will be added cost. Please call the sheriff [or the court] at ...............(phone number) ................" (d) Unless excused by the circuit judge, a juror who has been legally summoned and who shall fail to attend on any date when directed to do so may be fined in any sum not less than five dollars ($5.00) nor more than five hundred dollars ($500). However, nothing in this subsection shall be construed to limit the inherent power of the court to punish for contempt. All excuses granted by the circuit judge shall be noted in the jury book or the computer program described in § 16-32-103 . Acts 1969, No. 568, §§ 18, 19; A.S.A. 1947, §§ 39-210, 39-211; Acts 1989, No. 892, § 1; 2005, No. 87, § 5.

(a) The persons whose names have been selected under § 16-32-105 shall be summoned to appear on a date set by the court to answer questions concerning their qualifications and unless excused or disqualified, to serve the required number of days or for the maximum period during the calendar year for which selected unless sooner discharged.

(b) Jurors shall be summoned by the court or by the sheriff, as the court directs, by: (1) A notice dispatched by first-class mail; (2) Notice given personally on the telephone; or (3) Service of summons personally or by such other method as is permitted or prescribed by law.

(1) A notice dispatched by first-class mail;

(2) Notice given personally on the telephone; or

(3) Service of summons personally or by such other method as is permitted or prescribed by law.

(c) (1) (A) If a notice is dispatched by first-class mail, the prospective jurors shall be given a date certain to contact the sheriff or the court to confirm receipt of the notice. (B) Not later than five (5) days before the prospective juror is to appear, the sheriff or the court shall contact the prospective juror if the prospective juror has failed to acknowledge receipt of the notice. (C) The court shall have discretion to determine whether the sheriff or the court will be the prospective juror's primary contact. (2) A notice dispatched by first-class mail shall be sent on a form approved by the Administrative Office of the Courts or it shall include the following language: "You are hereby notified that you have been chosen as a prospective juror. You must notify the sheriff [or the court] on or before ...............(date) ...............to confirm that you have received this notice. If you do not notify the sheriff [or the court] to confirm this notice, the sheriff [or the court] will contact you and there will be added cost. Please call the sheriff [or the court] at ...............(phone number) ................"

(1) (A) If a notice is dispatched by first-class mail, the prospective jurors shall be given a date certain to contact the sheriff or the court to confirm receipt of the notice. (B) Not later than five (5) days before the prospective juror is to appear, the sheriff or the court shall contact the prospective juror if the prospective juror has failed to acknowledge receipt of the notice. (C) The court shall have discretion to determine whether the sheriff or the court will be the prospective juror's primary contact.

(A) If a notice is dispatched by first-class mail, the prospective jurors shall be given a date certain to contact the sheriff or the court to confirm receipt of the notice.

(B) Not later than five (5) days before the prospective juror is to appear, the sheriff or the court shall contact the prospective juror if the prospective juror has failed to acknowledge receipt of the notice.

(C) The court shall have discretion to determine whether the sheriff or the court will be the prospective juror's primary contact.

(2) A notice dispatched by first-class mail shall be sent on a form approved by the Administrative Office of the Courts or it shall include the following language: "You are hereby notified that you have been chosen as a prospective juror. You must notify the sheriff [or the court] on or before ...............(date) ...............to confirm that you have received this notice. If you do not notify the sheriff [or the court] to confirm this notice, the sheriff [or the court] will contact you and there will be added cost. Please call the sheriff [or the court] at ...............(phone number) ................"

"You are hereby notified that you have been chosen as a prospective juror. You must notify the sheriff [or the court] on or before ...............(date) ...............to confirm that you have received this notice. If you do not notify the sheriff [or the court] to confirm this notice, the sheriff [or the court] will contact you and there will be added cost. Please call the sheriff [or the court] at ...............(phone number) ................"

(d) Unless excused by the circuit judge, a juror who has been legally summoned and who shall fail to attend on any date when directed to do so may be fined in any sum not less than five dollars ($5.00) nor more than five hundred dollars ($500). However, nothing in this subsection shall be construed to limit the inherent power of the court to punish for contempt. All excuses granted by the circuit judge shall be noted in the jury book or the computer program described in § 16-32-103 .

Acts 1969, No. 568, §§ 18, 19; A.S.A. 1947, §§ 39-210, 39-211; Acts 1989, No. 892, § 1; 2005, No. 87, § 5.
Ark. Code Ann. § 16-58-116 — AR Code / Title 16 / Chapter 58 / Section 16-58-116
Acknowledgment of service
Status: in_force

Service may be acknowledged by the defendant by an endorsement upon the summons, signed and dated by him or her, and attested by a witness. The affidavit of the witness shall be proof of the service. Civil Code, § 68; C. & M. Dig., § 1146; Pope's Dig., § 1362; A.S.A. 1947, § 27-331.

Service may be acknowledged by the defendant by an endorsement upon the summons, signed and dated by him or her, and attested by a witness. The affidavit of the witness shall be proof of the service.

Civil Code, § 68; C. & M. Dig., § 1146; Pope's Dig., § 1362; A.S.A. 1947, § 27-331.
Ark. Code Ann. § 16-17-1116 — AR Code / Title 16 / Chapter 17 / Subchapter 11 / Section 16-17-1116
Reorganization of local district courts to state district courts as of January 1, 2025
Status: in_force

(a) (1) Beginning January 1, 2025, the following cities and counties under this section that are currently being served by a local district court under § 16-17-901 et seq. shall be reorganized as a state district court and served by state district court judges as assigned. (2) The new state district court judgeship created by this section shall become effective January 1, 2025, and shall be placed on the ballot to be elected in the 2024 nonpartisan judicial election from the newly constructed state district court district. (3) The cities and counties that were previously served by local district courts and will be served by state district courts shall comply with the cost-sharing requirements established in § 16-17-1106 , effective January 1, 2025. (b) (1) The Fourteenth District is composed of the counties of Independence, Fulton, and Izard. (2) The Fourteenth District has six (6) departments as follows: (A) One (1) located in Batesville; (B) One (1) located in Melbourne; (C) One (1) located in Calico Rock; (D) One (1) located in Horseshoe Bend; (E) One (1) located in Salem; and (F) One (1) located in Mammoth Spring. (3) The Fourteenth District is served by one (1) state district court judge. (4) The Fourteenth District judge is elected districtwide. (5) The Fourteenth District court has districtwide jurisdiction. Added by Act 2019, No. 909,§ 2, eff. 7/24/2019.

(a) (1) Beginning January 1, 2025, the following cities and counties under this section that are currently being served by a local district court under § 16-17-901 et seq. shall be reorganized as a state district court and served by state district court judges as assigned. (2) The new state district court judgeship created by this section shall become effective January 1, 2025, and shall be placed on the ballot to be elected in the 2024 nonpartisan judicial election from the newly constructed state district court district. (3) The cities and counties that were previously served by local district courts and will be served by state district courts shall comply with the cost-sharing requirements established in § 16-17-1106 , effective January 1, 2025.

(1) Beginning January 1, 2025, the following cities and counties under this section that are currently being served by a local district court under § 16-17-901 et seq. shall be reorganized as a state district court and served by state district court judges as assigned.

(2) The new state district court judgeship created by this section shall become effective January 1, 2025, and shall be placed on the ballot to be elected in the 2024 nonpartisan judicial election from the newly constructed state district court district.

(3) The cities and counties that were previously served by local district courts and will be served by state district courts shall comply with the cost-sharing requirements established in § 16-17-1106 , effective January 1, 2025.

(b) (1) The Fourteenth District is composed of the counties of Independence, Fulton, and Izard. (2) The Fourteenth District has six (6) departments as follows: (A) One (1) located in Batesville; (B) One (1) located in Melbourne; (C) One (1) located in Calico Rock; (D) One (1) located in Horseshoe Bend; (E) One (1) located in Salem; and (F) One (1) located in Mammoth Spring. (3) The Fourteenth District is served by one (1) state district court judge. (4) The Fourteenth District judge is elected districtwide. (5) The Fourteenth District court has districtwide jurisdiction.

(1) The Fourteenth District is composed of the counties of Independence, Fulton, and Izard.

(2) The Fourteenth District has six (6) departments as follows: (A) One (1) located in Batesville; (B) One (1) located in Melbourne; (C) One (1) located in Calico Rock; (D) One (1) located in Horseshoe Bend; (E) One (1) located in Salem; and (F) One (1) located in Mammoth Spring.

(A) One (1) located in Batesville;

(B) One (1) located in Melbourne;

(C) One (1) located in Calico Rock;

(D) One (1) located in Horseshoe Bend;

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

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

(3) The Fourteenth District is served by one (1) state district court judge.

(4) The Fourteenth District judge is elected districtwide.

(5) The Fourteenth District court has districtwide jurisdiction.

Added by Act 2019, No. 909,§ 2, eff. 7/24/2019.
Ark. Code Ann. § 16-105-201 — AR Code / Title 16 / Chapter 105 / Subchapter 2 / Section 16-105-201
Definition
Status: in_force

As used in this subchapter, unless the context otherwise requires, "owner" means any person, persons, or corporation having an actual legal interest, vested in possession, in any building or place that may become a public nuisance under the provisions of this subchapter. Acts 1915, No. 109, § 8; C. & M. Dig., § 6203; Pope's Dig., § 10925; A.S.A. 1947, § 34-108.

As used in this subchapter, unless the context otherwise requires, "owner" means any person, persons, or corporation having an actual legal interest, vested in possession, in any building or place that may become a public nuisance under the provisions of this subchapter.

Acts 1915, No. 109, § 8; C. & M. Dig., § 6203; Pope's Dig., § 10925; A.S.A. 1947, § 34-108.
Ark. Code Ann. § 16-17-922 — AR Code / Title 16 / Chapter 17 / Subchapter 9 / Section 16-17-922
Yell County District Courts
Status: in_force

(a) (1) Yell County, having two (2) judicial districts, shall have two (2) district courts with one (1) department located in the Northern District. (2) The two (2) judicial districts shall each have one (1) part-time judge serviced by the one (1) department in the Northern District. (b) The judge of each district court in Yell County shall have jurisdiction within each respective Northern and Southern District. (c) The judge shall be elected within each respective district. Amended by Act 2017, No. 723,§ 1, eff. 8/1/2017. Acts 2003, No. 1727, § 22.

(a) (1) Yell County, having two (2) judicial districts, shall have two (2) district courts with one (1) department located in the Northern District. (2) The two (2) judicial districts shall each have one (1) part-time judge serviced by the one (1) department in the Northern District.

(1) Yell County, having two (2) judicial districts, shall have two (2) district courts with one (1) department located in the Northern District.

(2) The two (2) judicial districts shall each have one (1) part-time judge serviced by the one (1) department in the Northern District.

(b) The judge of each district court in Yell County shall have jurisdiction within each respective Northern and Southern District.

(c) The judge shall be elected within each respective district.

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

Acts 2003, No. 1727, § 22.
Ark. Code Ann. § 16-81-112 — AR Code / Title 16 / Chapter 81 / Subchapter 1 / Section 16-81-112
Escape of prisoner
Status: in_force

(a) If the defendant escapes or is rescued after an arrest, the person in whose custody he or she was may immediately pursue and recapture him or her in any part of the state. (b) (1) If any person charged with or convicted of a felony within this state breaks prison, escapes, flees from justice, or absconds or secrets himself or herself, it shall be lawful for the Governor, if he or she deems it necessary, to offer a reward not to exceed the sum of one hundred thousand dollars ($100,000) for apprehending and delivering the person into the custody of an officer as the governor may direct. (2) Any person apprehending and delivering the escapee to the proper officer and producing to the Governor the receipt of the officer for the body of the escapee shall be entitled to the reward offered by the Governor, and the Governor shall certify the amount of the reward to the Auditor of State, who shall issue his or her warrant on the State Treasury for the reward, to be paid out of any money appropriated for the contingent expenses of the executive department. Rev. Stat., ch. 67, §§ 27, 28; Crim. Code, § 41; Acts 1874, No. 2, § 1, p. 39; C. & M. Dig., §§ 2916, 4897, 4898; Pope's Dig., §§ 3732, 6108, 6109; A.S.A. 1947, §§ 43-426 -- 43-428; Acts 2005, No. 1994, § 489.

(a) If the defendant escapes or is rescued after an arrest, the person in whose custody he or she was may immediately pursue and recapture him or her in any part of the state.

(b) (1) If any person charged with or convicted of a felony within this state breaks prison, escapes, flees from justice, or absconds or secrets himself or herself, it shall be lawful for the Governor, if he or she deems it necessary, to offer a reward not to exceed the sum of one hundred thousand dollars ($100,000) for apprehending and delivering the person into the custody of an officer as the governor may direct. (2) Any person apprehending and delivering the escapee to the proper officer and producing to the Governor the receipt of the officer for the body of the escapee shall be entitled to the reward offered by the Governor, and the Governor shall certify the amount of the reward to the Auditor of State, who shall issue his or her warrant on the State Treasury for the reward, to be paid out of any money appropriated for the contingent expenses of the executive department.

(1) If any person charged with or convicted of a felony within this state breaks prison, escapes, flees from justice, or absconds or secrets himself or herself, it shall be lawful for the Governor, if he or she deems it necessary, to offer a reward not to exceed the sum of one hundred thousand dollars ($100,000) for apprehending and delivering the person into the custody of an officer as the governor may direct.

(2) Any person apprehending and delivering the escapee to the proper officer and producing to the Governor the receipt of the officer for the body of the escapee shall be entitled to the reward offered by the Governor, and the Governor shall certify the amount of the reward to the Auditor of State, who shall issue his or her warrant on the State Treasury for the reward, to be paid out of any money appropriated for the contingent expenses of the executive department.

Rev. Stat., ch. 67, §§ 27, 28; Crim. Code, § 41; Acts 1874, No. 2, § 1, p. 39; C. & M. Dig., §§ 2916, 4897, 4898; Pope's Dig., §§ 3732, 6108, 6109; A.S.A. 1947, §§ 43-426 -- 43-428; Acts 2005, No. 1994, § 489.
Ark. Code Ann. § 16-19-503 — AR Code / Title 16 / Chapter 19 / Subchapter 5 / Section 16-19-503
[Repealed]
Status: repealed

Repealed by Act 2021, No. 475,§ 15, eff. 7/28/2021. Rev. Stat., ch. 29, § 26; Acts 1893, No. 171, § 3, p. 301; C. & M. Dig., §§ 1458, 6406; Pope's Dig., §§ 1759, 8368; A.S.A. 1947, §§ 26-502, 26-505.

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

Rev. Stat., ch. 29, § 26; Acts 1893, No. 171, § 3, p. 301; C. & M. Dig., §§ 1458, 6406; Pope's Dig., §§ 1759, 8368; A.S.A. 1947, §§ 26-502, 26-505.
Ark. Code Ann. § 16-85-701 — AR Code / Title 16 / Chapter 85 / Subchapter 7 / Section 16-85-701
Definition
Status: in_force

As used in this code, unless the context otherwise requires, an arraignment is the reading of the indictment to the defendant and the asking of him or her if he or she pleads guilty or not guilty to the indictment. Crim. Code, § 155; C. & M. Dig., § 3050; Pope's Dig., § 3876; A.S.A. 1947, § 43-1201; Acts 2005, No. 1994, § 274.

As used in this code, unless the context otherwise requires, an arraignment is the reading of the indictment to the defendant and the asking of him or her if he or she pleads guilty or not guilty to the indictment.

Crim. Code, § 155; C. & M. Dig., § 3050; Pope's Dig., § 3876; A.S.A. 1947, § 43-1201; Acts 2005, No. 1994, § 274.
Ark. Code Ann. § 16-82-101 — AR Code / Title 16 / Chapter 82 / Subchapter 1 / Section 16-82-101
Testing for human immunodeficiency virus - Sexual offenses
Status: in_force

(a) A person with acquired immunodeficiency syndrome (AIDS) or who tests positive for the presence of human immunodeficiency virus (HIV) antigen or antibodies is infectious to others through the exchange of body fluids during sexual intercourse and through the parenteral transfer of blood or blood products and is therefore a potential danger to the public. (b) (1) (A) A person arrested and charged with violating § 5-14-103 , § 5-14-110 , if the offense is a felony, §§ 5-14-124 - 5-14-127 , § 5-26-202 , or § 5-70-102 may be required by the court having jurisdiction of the criminal prosecution, upon a finding of reasonable cause to believe that the person committed the offense and subject to constitutional limitations, to be tested for the presence of human immunodeficiency virus (HIV) or an antibody to human immunodeficiency virus (HIV) unless the court determines that testing the defendant would be inappropriate and documents the reasons for that determination in the court record. (B) (i) (a) Subject to constitutional limitations, the victim of an offense listed under subdivision (b)(1)(A) of this section may request that the person arrested and charged with the offense be tested for the presence of human immunodeficiency virus (HIV) or an antibody to human immunodeficiency virus (HIV), whether or not he or she is in custody, and the results of the tests provided to the victim. (b) Upon the victim's request under subdivision (b)(1)(B)(i) (a) of this section, the court shall require that the person be tested within forty-eight (48) hours of the information's or indictment's being presented to the person if the court finds that there is a reasonable cause to believe that the person committed the offense and the charge against the person has an element of forcible compulsion or the threat of forcible compulsion. (ii) Subsequent tests for the presence of human immunodeficiency virus (HIV) or an antibody to human immunodeficiency virus (HIV) shall be required as medically appropriate with results of the subsequent tests also provided to the victim as soon as practicable. (2) (A) A test under this subsection shall be confidentially administered by a licensed physician, the Department of Health, or a local health department. (B) (i) If the person arrested and charged with the offense is in the custody of the Department of Corrections, the test shall be administered by a medical professional working within the Department of Corrections. (ii) If the test is requested by an entity for forensic purposes and not by the Department of Corrections, the cost for the test shall be the responsibility of the requesting entity. (c) (1) If the victim or person with whom the defendant engaged in sexual penetration during the course of the crime consents, the court shall provide the person or agency administering the test with the name, address, and telephone number of the victim or person with whom the defendant engaged in sexual penetration during the course of the crime. (2) After the defendant is tested for the presence of human immunodeficiency virus (HIV) or an antibody to human immunodeficiency virus (HIV), the person or agency administering the test shall immediately provide the test results to the victim or person with whom the defendant engaged in sexual penetration during the course of the crime, and shall refer the victim or other person for appropriate counseling. (d) (1) Upon request of the victim and conviction of the defendant, a court of competent jurisdiction shall order the convicted person to submit to testing to detect in the defendant the presence of the etiologic agent for acquired immunodeficiency syndrome (AIDS). (2) As used in this subsection: (A) "Convicted" includes an adjudication under juvenile proceedings; and (B) "Sexual offense" means an offense listed in subdivision (b)(1)(A) of this section. (3) The testing of a person convicted of a sexual offense shall be conducted by the Department of Health upon an order of a circuit court. (4) The results of any tests performed under this subsection shall immediately be released to the victim and to the defendant; otherwise, the results of any tests performed shall be confidential and not subject to disclosure as public information under the Freedom of Information Act of 1967, § 25-19-101 et seq. (5) A victim of a sexual offense shall, upon request of the victim, receive: (A) Appropriate counseling; (B) Human immunodeficiency virus (HIV) testing; and (C) Referral or delivery for appropriate health care and support services. Amended by Act 2023, No. 619,§ 17, eff. 8/1/2023. Amended by Act 2021, No. 653,§ 1, eff. 7/28/2021. Acts 1989, No. 614, §§ 1, 5; 1993, No. 616, § 1; 2003, No. 1390, § 6.

(a) A person with acquired immunodeficiency syndrome (AIDS) or who tests positive for the presence of human immunodeficiency virus (HIV) antigen or antibodies is infectious to others through the exchange of body fluids during sexual intercourse and through the parenteral transfer of blood or blood products and is therefore a potential danger to the public.

(b) (1) (A) A person arrested and charged with violating § 5-14-103 , § 5-14-110 , if the offense is a felony, §§ 5-14-124 - 5-14-127 , § 5-26-202 , or § 5-70-102 may be required by the court having jurisdiction of the criminal prosecution, upon a finding of reasonable cause to believe that the person committed the offense and subject to constitutional limitations, to be tested for the presence of human immunodeficiency virus (HIV) or an antibody to human immunodeficiency virus (HIV) unless the court determines that testing the defendant would be inappropriate and documents the reasons for that determination in the court record. (B) (i) (a) Subject to constitutional limitations, the victim of an offense listed under subdivision (b)(1)(A) of this section may request that the person arrested and charged with the offense be tested for the presence of human immunodeficiency virus (HIV) or an antibody to human immunodeficiency virus (HIV), whether or not he or she is in custody, and the results of the tests provided to the victim. (b) Upon the victim's request under subdivision (b)(1)(B)(i) (a) of this section, the court shall require that the person be tested within forty-eight (48) hours of the information's or indictment's being presented to the person if the court finds that there is a reasonable cause to believe that the person committed the offense and the charge against the person has an element of forcible compulsion or the threat of forcible compulsion. (ii) Subsequent tests for the presence of human immunodeficiency virus (HIV) or an antibody to human immunodeficiency virus (HIV) shall be required as medically appropriate with results of the subsequent tests also provided to the victim as soon as practicable. (2) (A) A test under this subsection shall be confidentially administered by a licensed physician, the Department of Health, or a local health department. (B) (i) If the person arrested and charged with the offense is in the custody of the Department of Corrections, the test shall be administered by a medical professional working within the Department of Corrections. (ii) If the test is requested by an entity for forensic purposes and not by the Department of Corrections, the cost for the test shall be the responsibility of the requesting entity.

(1) (A) A person arrested and charged with violating § 5-14-103 , § 5-14-110 , if the offense is a felony, §§ 5-14-124 - 5-14-127 , § 5-26-202 , or § 5-70-102 may be required by the court having jurisdiction of the criminal prosecution, upon a finding of reasonable cause to believe that the person committed the offense and subject to constitutional limitations, to be tested for the presence of human immunodeficiency virus (HIV) or an antibody to human immunodeficiency virus (HIV) unless the court determines that testing the defendant would be inappropriate and documents the reasons for that determination in the court record. (B) (i) (a) Subject to constitutional limitations, the victim of an offense listed under subdivision (b)(1)(A) of this section may request that the person arrested and charged with the offense be tested for the presence of human immunodeficiency virus (HIV) or an antibody to human immunodeficiency virus (HIV), whether or not he or she is in custody, and the results of the tests provided to the victim. (b) Upon the victim's request under subdivision (b)(1)(B)(i) (a) of this section, the court shall require that the person be tested within forty-eight (48) hours of the information's or indictment's being presented to the person if the court finds that there is a reasonable cause to believe that the person committed the offense and the charge against the person has an element of forcible compulsion or the threat of forcible compulsion. (ii) Subsequent tests for the presence of human immunodeficiency virus (HIV) or an antibody to human immunodeficiency virus (HIV) shall be required as medically appropriate with results of the subsequent tests also provided to the victim as soon as practicable.

(A) A person arrested and charged with violating § 5-14-103 , § 5-14-110 , if the offense is a felony, §§ 5-14-124 - 5-14-127 , § 5-26-202 , or § 5-70-102 may be required by the court having jurisdiction of the criminal prosecution, upon a finding of reasonable cause to believe that the person committed the offense and subject to constitutional limitations, to be tested for the presence of human immunodeficiency virus (HIV) or an antibody to human immunodeficiency virus (HIV) unless the court determines that testing the defendant would be inappropriate and documents the reasons for that determination in the court record.

(B) (i) (a) Subject to constitutional limitations, the victim of an offense listed under subdivision (b)(1)(A) of this section may request that the person arrested and charged with the offense be tested for the presence of human immunodeficiency virus (HIV) or an antibody to human immunodeficiency virus (HIV), whether or not he or she is in custody, and the results of the tests provided to the victim. (b) Upon the victim's request under subdivision (b)(1)(B)(i) (a) of this section, the court shall require that the person be tested within forty-eight (48) hours of the information's or indictment's being presented to the person if the court finds that there is a reasonable cause to believe that the person committed the offense and the charge against the person has an element of forcible compulsion or the threat of forcible compulsion. (ii) Subsequent tests for the presence of human immunodeficiency virus (HIV) or an antibody to human immunodeficiency virus (HIV) shall be required as medically appropriate with results of the subsequent tests also provided to the victim as soon as practicable.

(i) (a) Subject to constitutional limitations, the victim of an offense listed under subdivision (b)(1)(A) of this section may request that the person arrested and charged with the offense be tested for the presence of human immunodeficiency virus (HIV) or an antibody to human immunodeficiency virus (HIV), whether or not he or she is in custody, and the results of the tests provided to the victim. (b) Upon the victim's request under subdivision (b)(1)(B)(i) (a) of this section, the court shall require that the person be tested within forty-eight (48) hours of the information's or indictment's being presented to the person if the court finds that there is a reasonable cause to believe that the person committed the offense and the charge against the person has an element of forcible compulsion or the threat of forcible compulsion.

(a) Subject to constitutional limitations, the victim of an offense listed under subdivision (b)(1)(A) of this section may request that the person arrested and charged with the offense be tested for the presence of human immunodeficiency virus (HIV) or an antibody to human immunodeficiency virus (HIV), whether or not he or she is in custody, and the results of the tests provided to the victim.

(b) Upon the victim's request under subdivision (b)(1)(B)(i) (a) of this section, the court shall require that the person be tested within forty-eight (48) hours of the information's or indictment's being presented to the person if the court finds that there is a reasonable cause to believe that the person committed the offense and the charge against the person has an element of forcible compulsion or the threat of forcible compulsion.

(ii) Subsequent tests for the presence of human immunodeficiency virus (HIV) or an antibody to human immunodeficiency virus (HIV) shall be required as medically appropriate with results of the subsequent tests also provided to the victim as soon as practicable.

(2) (A) A test under this subsection shall be confidentially administered by a licensed physician, the Department of Health, or a local health department. (B) (i) If the person arrested and charged with the offense is in the custody of the Department of Corrections, the test shall be administered by a medical professional working within the Department of Corrections. (ii) If the test is requested by an entity for forensic purposes and not by the Department of Corrections, the cost for the test shall be the responsibility of the requesting entity.

(A) A test under this subsection shall be confidentially administered by a licensed physician, the Department of Health, or a local health department.

(B) (i) If the person arrested and charged with the offense is in the custody of the Department of Corrections, the test shall be administered by a medical professional working within the Department of Corrections. (ii) If the test is requested by an entity for forensic purposes and not by the Department of Corrections, the cost for the test shall be the responsibility of the requesting entity.

(i) If the person arrested and charged with the offense is in the custody of the Department of Corrections, the test shall be administered by a medical professional working within the Department of Corrections.

(ii) If the test is requested by an entity for forensic purposes and not by the Department of Corrections, the cost for the test shall be the responsibility of the requesting entity.

(c) (1) If the victim or person with whom the defendant engaged in sexual penetration during the course of the crime consents, the court shall provide the person or agency administering the test with the name, address, and telephone number of the victim or person with whom the defendant engaged in sexual penetration during the course of the crime. (2) After the defendant is tested for the presence of human immunodeficiency virus (HIV) or an antibody to human immunodeficiency virus (HIV), the person or agency administering the test shall immediately provide the test results to the victim or person with whom the defendant engaged in sexual penetration during the course of the crime, and shall refer the victim or other person for appropriate counseling.

(1) If the victim or person with whom the defendant engaged in sexual penetration during the course of the crime consents, the court shall provide the person or agency administering the test with the name, address, and telephone number of the victim or person with whom the defendant engaged in sexual penetration during the course of the crime.

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

(d) (1) Upon request of the victim and conviction of the defendant, a court of competent jurisdiction shall order the convicted person to submit to testing to detect in the defendant the presence of the etiologic agent for acquired immunodeficiency syndrome (AIDS). (2) As used in this subsection: (A) "Convicted" includes an adjudication under juvenile proceedings; and (B) "Sexual offense" means an offense listed in subdivision (b)(1)(A) of this section. (3) The testing of a person convicted of a sexual offense shall be conducted by the Department of Health upon an order of a circuit court. (4) The results of any tests performed under this subsection shall immediately be released to the victim and to the defendant; otherwise, the results of any tests performed shall be confidential and not subject to disclosure as public information under the Freedom of Information Act of 1967, § 25-19-101 et seq. (5) A victim of a sexual offense shall, upon request of the victim, receive: (A) Appropriate counseling; (B) Human immunodeficiency virus (HIV) testing; and (C) Referral or delivery for appropriate health care and support services.

(1) Upon request of the victim and conviction of the defendant, a court of competent jurisdiction shall order the convicted person to submit to testing to detect in the defendant the presence of the etiologic agent for acquired immunodeficiency syndrome (AIDS).

(2) As used in this subsection: (A) "Convicted" includes an adjudication under juvenile proceedings; and (B) "Sexual offense" means an offense listed in subdivision (b)(1)(A) of this section.

(A) "Convicted" includes an adjudication under juvenile proceedings; and

(B) "Sexual offense" means an offense listed in subdivision (b)(1)(A) of this section.

(3) The testing of a person convicted of a sexual offense shall be conducted by the Department of Health upon an order of a circuit court.

(4) The results of any tests performed under this subsection shall immediately be released to the victim and to the defendant; otherwise, the results of any tests performed shall be confidential and not subject to disclosure as public information under the Freedom of Information Act of 1967, § 25-19-101 et seq.

(5) A victim of a sexual offense shall, upon request of the victim, receive: (A) Appropriate counseling; (B) Human immunodeficiency virus (HIV) testing; and (C) Referral or delivery for appropriate health care and support services.

(A) Appropriate counseling;

(B) Human immunodeficiency virus (HIV) testing; and

(C) Referral or delivery for appropriate health care and support services.

Amended by Act 2023, No. 619,§ 17, eff. 8/1/2023.

Amended by Act 2021, No. 653,§ 1, eff. 7/28/2021.

Acts 1989, No. 614, §§ 1, 5; 1993, No. 616, § 1; 2003, No. 1390, § 6.
Ark. Code Ann. § 16-10-108 — AR Code / Title 16 / Chapter 10 / Subchapter 1 / Section 16-10-108
Contempt
Status: in_force

(a) Every court of record shall have power to punish, as for criminal contempt, persons guilty of the following acts and no others: (1) Disorderly, contemptuous, or insolent behavior committed during the court's sitting, in its immediate view and presence, and directly tending to interrupt its proceedings or to impair the respect due to its authority; (2) Any breach of the peace, noise, or disturbance directly tending to interrupt its proceedings; (3) Willful disobedience of any process or order lawfully issued or made by it; (4) Resistance willfully offered by any person to the lawful order or process of the court; and (5) The contumacious and unlawful refusal of any person to be sworn as a witness and when so sworn a similar refusal to answer any legal and proper interrogatory. (b) (1) Punishment for contempt is a Class C misdemeanor. (2) A court shall always have power to imprison until its adjournment. (3) When any person is committed to prison for the nonpayment of any such fine, he or she shall be discharged at the expiration of thirty (30) days. (c) Contempts committed in the immediate view and presence of the court may be punished summarily. In other cases, the party charged shall be notified of the accusation and shall have a reasonable time to make his or her defense. (d) (1) Whenever any person is committed for a contempt under the provisions of this section, the substance of his or her offense shall be set forth in the order or warrant of commitment. (2) Nothing in subdivision (d)(1) of this section shall be construed to extend to any proceedings against parties or officers, as for contempt, for the purpose of enforcing any civil right or remedy. (e) A person punished for contempt under subsections (a)-(d) of this section shall, notwithstanding, be liable to an indictment for the contempt if the contempt is an indictable offense, but the court before which a conviction may be had on such an indictment shall, in forming its sentence, take into consideration the punishment previously inflicted. Rev. Stat., ch. 43, §§ 37-42; C. & M. Dig., §§ 1484-1489; Pope's Dig., §§ 1784-1789; A.S.A. 1947, §§ 34-901 -- 34-906; Acts 2005, No. 1994, § 410.

(a) Every court of record shall have power to punish, as for criminal contempt, persons guilty of the following acts and no others: (1) Disorderly, contemptuous, or insolent behavior committed during the court's sitting, in its immediate view and presence, and directly tending to interrupt its proceedings or to impair the respect due to its authority; (2) Any breach of the peace, noise, or disturbance directly tending to interrupt its proceedings; (3) Willful disobedience of any process or order lawfully issued or made by it; (4) Resistance willfully offered by any person to the lawful order or process of the court; and (5) The contumacious and unlawful refusal of any person to be sworn as a witness and when so sworn a similar refusal to answer any legal and proper interrogatory.

(1) Disorderly, contemptuous, or insolent behavior committed during the court's sitting, in its immediate view and presence, and directly tending to interrupt its proceedings or to impair the respect due to its authority;

(2) Any breach of the peace, noise, or disturbance directly tending to interrupt its proceedings;

(3) Willful disobedience of any process or order lawfully issued or made by it;

(4) Resistance willfully offered by any person to the lawful order or process of the court; and

(5) The contumacious and unlawful refusal of any person to be sworn as a witness and when so sworn a similar refusal to answer any legal and proper interrogatory.

(b) (1) Punishment for contempt is a Class C misdemeanor. (2) A court shall always have power to imprison until its adjournment. (3) When any person is committed to prison for the nonpayment of any such fine, he or she shall be discharged at the expiration of thirty (30) days.

(1) Punishment for contempt is a Class C misdemeanor.

(2) A court shall always have power to imprison until its adjournment.

(3) When any person is committed to prison for the nonpayment of any such fine, he or she shall be discharged at the expiration of thirty (30) days.

(c) Contempts committed in the immediate view and presence of the court may be punished summarily. In other cases, the party charged shall be notified of the accusation and shall have a reasonable time to make his or her defense.

(d) (1) Whenever any person is committed for a contempt under the provisions of this section, the substance of his or her offense shall be set forth in the order or warrant of commitment. (2) Nothing in subdivision (d)(1) of this section shall be construed to extend to any proceedings against parties or officers, as for contempt, for the purpose of enforcing any civil right or remedy.

(1) Whenever any person is committed for a contempt under the provisions of this section, the substance of his or her offense shall be set forth in the order or warrant of commitment.

(2) Nothing in subdivision (d)(1) of this section shall be construed to extend to any proceedings against parties or officers, as for contempt, for the purpose of enforcing any civil right or remedy.

(e) A person punished for contempt under subsections (a)-(d) of this section shall, notwithstanding, be liable to an indictment for the contempt if the contempt is an indictable offense, but the court before which a conviction may be had on such an indictment shall, in forming its sentence, take into consideration the punishment previously inflicted.

Rev. Stat., ch. 43, §§ 37-42; C. & M. Dig., §§ 1484-1489; Pope's Dig., §§ 1784-1789; A.S.A. 1947, §§ 34-901 -- 34-906; Acts 2005, No. 1994, § 410.
Ark. Code Ann. § 16-32-107 — AR Code / Title 16 / Chapter 32 / Subchapter 1 / Section 16-32-107
Excess number of jurors drawn and listed
Status: in_force

(a) Whenever it shall appear that the names of more jurors have been drawn and listed in the jury book than are needed for jury service at the current or at any subsequent session of the court, the judge, if the jurors are present in court, shall designate the number of jurors required, the names of whom shall be taken from the jury book in the same order as they appear thereon. (b) If the jurors are not present in court, the judge shall direct the sheriff to summon the number of jurors needed, the names of whom shall be taken from the jury book in the same order as they appear thereon, exempting those who have been excused from attendance. (c) Persons whose names are drawn and recorded in the jury book shall not be disqualified from further duty as provided for in § 16-31-104(a) until they have been required to report for jury service and sworn therefor. Acts 1969, No. 568, § 21; 1985, No. 1066, § 2; A.S.A. 1947, § 39-213.

(a) Whenever it shall appear that the names of more jurors have been drawn and listed in the jury book than are needed for jury service at the current or at any subsequent session of the court, the judge, if the jurors are present in court, shall designate the number of jurors required, the names of whom shall be taken from the jury book in the same order as they appear thereon.

(b) If the jurors are not present in court, the judge shall direct the sheriff to summon the number of jurors needed, the names of whom shall be taken from the jury book in the same order as they appear thereon, exempting those who have been excused from attendance.

(c) Persons whose names are drawn and recorded in the jury book shall not be disqualified from further duty as provided for in § 16-31-104(a) until they have been required to report for jury service and sworn therefor.

Acts 1969, No. 568, § 21; 1985, No. 1066, § 2; A.S.A. 1947, § 39-213.
Ark. Code Ann. § 16-122-102 — AR Code / Title 16 / Chapter 122 / Section 16-122-102
Written demand required - Amount of damages
Status: in_force

(a) Under the provisions of this chapter, the owner or seller shall issue a written demand letter by certified mail for the return of the merchandise or, only if the merchandise has not been returned or recovered, its retail cash equivalent, and a penalty in the amount of two hundred dollars ($200) for an adult to the last known address of the adult. (b) If the individual to whom the written demand is sent complies with the terms of the demand letter within thirty (30) days of the receipt of the letter, that individual shall not be subject to further civil liability with respect to that specific act of retail theft. (c) (1) If the individual to whom the written demand is sent does not comply within thirty (30) days of the receipt of a demand letter, then the owner or seller may bring an action against the individual for the recovery of civil damages and penalties in any court of competent jurisdiction if the total damages do not exceed the jurisdictional limit of that court. (2) In an action brought under this subsection, the owner or seller may recover the following: (A) Civil damages in an amount equal to the retail value of the merchandise if the merchandise is not recovered or returned, or if the merchandise is recovered or returned, civil damages in an amount equal to the difference between the market value of the recovered or returned merchandise and the retail value of the recovered or returned merchandise; (B) A civil penalty of up to one thousand dollars ($1,000) for an adult; (C) Court costs; and (D) A reasonable attorney's fee. (d) This section does not apply to juveniles subject to the Arkansas Juvenile Code of 1989, § 9-27-301 et seq. Acts 1993, No. 936, § 4; 2003, No. 1185, § 250; 2009, No. 956, § 33.

(a) Under the provisions of this chapter, the owner or seller shall issue a written demand letter by certified mail for the return of the merchandise or, only if the merchandise has not been returned or recovered, its retail cash equivalent, and a penalty in the amount of two hundred dollars ($200) for an adult to the last known address of the adult.

(b) If the individual to whom the written demand is sent complies with the terms of the demand letter within thirty (30) days of the receipt of the letter, that individual shall not be subject to further civil liability with respect to that specific act of retail theft.

(c) (1) If the individual to whom the written demand is sent does not comply within thirty (30) days of the receipt of a demand letter, then the owner or seller may bring an action against the individual for the recovery of civil damages and penalties in any court of competent jurisdiction if the total damages do not exceed the jurisdictional limit of that court. (2) In an action brought under this subsection, the owner or seller may recover the following: (A) Civil damages in an amount equal to the retail value of the merchandise if the merchandise is not recovered or returned, or if the merchandise is recovered or returned, civil damages in an amount equal to the difference between the market value of the recovered or returned merchandise and the retail value of the recovered or returned merchandise; (B) A civil penalty of up to one thousand dollars ($1,000) for an adult; (C) Court costs; and (D) A reasonable attorney's fee.

(1) If the individual to whom the written demand is sent does not comply within thirty (30) days of the receipt of a demand letter, then the owner or seller may bring an action against the individual for the recovery of civil damages and penalties in any court of competent jurisdiction if the total damages do not exceed the jurisdictional limit of that court.

(2) In an action brought under this subsection, the owner or seller may recover the following: (A) Civil damages in an amount equal to the retail value of the merchandise if the merchandise is not recovered or returned, or if the merchandise is recovered or returned, civil damages in an amount equal to the difference between the market value of the recovered or returned merchandise and the retail value of the recovered or returned merchandise; (B) A civil penalty of up to one thousand dollars ($1,000) for an adult; (C) Court costs; and (D) A reasonable attorney's fee.

(A) Civil damages in an amount equal to the retail value of the merchandise if the merchandise is not recovered or returned, or if the merchandise is recovered or returned, civil damages in an amount equal to the difference between the market value of the recovered or returned merchandise and the retail value of the recovered or returned merchandise;

(B) A civil penalty of up to one thousand dollars ($1,000) for an adult;

(C) Court costs; and

(D) A reasonable attorney's fee.

(d) This section does not apply to juveniles subject to the Arkansas Juvenile Code of 1989, § 9-27-301 et seq.

Acts 1993, No. 936, § 4; 2003, No. 1185, § 250; 2009, No. 956, § 33.
Ark. Code Ann. § 16-59-102 — AR Code / Title 16 / Chapter 59 / Section 16-59-102
Contents of notice
Status: in_force

The notice of the pendency of the suit shall set forth the title of the cause and the general object thereof, together with a correct and full description of the property to be affected thereby, the names of the parties to the suit, and the style of the court where the suit is pending. Acts 1903, No. 65, § 1, p. 118; C. & M. Dig., § 6979; Pope's Dig., § 8959; Acts 1965 (2nd Ex. Sess.), No. 5, § 1; A.S.A. 1947, § 27-501.

The notice of the pendency of the suit shall set forth the title of the cause and the general object thereof, together with a correct and full description of the property to be affected thereby, the names of the parties to the suit, and the style of the court where the suit is pending.

Acts 1903, No. 65, § 1, p. 118; C. & M. Dig., § 6979; Pope's Dig., § 8959; Acts 1965 (2nd Ex. Sess.), No. 5, § 1; A.S.A. 1947, § 27-501.
Ark. Code Ann. § 16-123-302 — AR Code / Title 16 / Chapter 123 / Subchapter 3 / Section 16-123-302
Definitions
Status: in_force

(1) "Aggrieved person" means a person who: (A) Claims to have been injured by a discriminatory housing practice; or (B) Believes that a person will be injured by a discriminatory housing practice that is about to occur; (2) "Commission" means the Arkansas Fair Housing Commission; (3) "Complainant" means a person, including the Director of the Arkansas Fair Housing Commission acting on behalf of the commission who files a complaint under this subchapter; (4) "Conciliation" means the process for resolving issues raised by a complaint or by the investigation of a complaint through informal negotiations involving the aggrieved person, the respondent, and the director on behalf of the commission; (5) "Conciliation agreement" means a written agreement setting forth the resolution of the issues raised in conciliation; (6) "Director" means the Director of the Arkansas Fair Housing Commission created in § 16-123-303 ; (7) (A) "Disability" throughout this subchapter shall be interpreted identically to the term "handicap" within federal laws, regulations, cases, directives, and administrative rulings and positions on subject matter similar to the purposes of this subchapter and means a person: (i) With a physical or mental impairment which substantially limits one (1) or more of the person's major life activities; (ii) With a record of having an impairment which substantially limits one (1) or more of the person's major life activities; or (iii) Regarded as having an impairment which substantially limits one (1) or more of a person's major life activities. (B) "Disability" does not include current, illegal use of or addiction to a controlled substance, as defined in § 102 of the Controlled Substances Act, 21 U.S.C. § 802 , as in effect January 1, 2001; (8) "Discriminatory housing practice" means an act that is prohibited under §§ 16-23-310 - 16-123-316 and § 16-23-344 ; (9) "Dwelling" means any building, structure, or portion thereof, which is occupied as, or designed or intended for occupancy as, a residence by one (1) or more families and any vacant land which is offered for sale or lease for the construction or location thereon of any building, structure, or portion thereof which is occupied as, or designed or intended for occupancy as, a residence by one (1) or more families; (10) "Familial status" means: (A) The status resulting from one (1) or more individuals who are under eighteen (18) years of age being domiciled with: (i) The parent or another person having legal custody of the individual under eighteen (18) years of age; or (ii) The designee of the parent or other person having custody, with the written permission of the parent or other person; (B) The status resulting from being in the process of securing legal custody of any individual who is under eighteen (18) years of age; or (C) The status resulting from being pregnant; (11) "Family" includes a single individual; (12) "Person" includes individuals, corporations, partnerships, associations, labor organizations, legal representatives, mutual companies, joint-stock companies, trusts, unincorporated organizations, trustees, bankruptcy trustees, receivers, and fiduciaries; (13) "Prevailing party" has the same meaning as the term has in Section 722 of the Revised Statutes of the United States, 42 U.S.C. § 1988 ; (14) "Respondent" means: (A) The person or other entity accused in a complaint or an unfair housing practice; and (B) Any other person notified as required with respect to respondents under § 16-123-317(f) ; and (15) "To rent" includes to lease, to sublease, to let, and otherwise to grant for a consideration the right to occupy premises not owned by the occupant. Acts 2001, No. 1785, § 3.

(1) "Aggrieved person" means a person who: (A) Claims to have been injured by a discriminatory housing practice; or (B) Believes that a person will be injured by a discriminatory housing practice that is about to occur;

(A) Claims to have been injured by a discriminatory housing practice; or

(B) Believes that a person will be injured by a discriminatory housing practice that is about to occur;

(2) "Commission" means the Arkansas Fair Housing Commission;

(3) "Complainant" means a person, including the Director of the Arkansas Fair Housing Commission acting on behalf of the commission who files a complaint under this subchapter;

(4) "Conciliation" means the process for resolving issues raised by a complaint or by the investigation of a complaint through informal negotiations involving the aggrieved person, the respondent, and the director on behalf of the commission;

(5) "Conciliation agreement" means a written agreement setting forth the resolution of the issues raised in conciliation;

(6) "Director" means the Director of the Arkansas Fair Housing Commission created in § 16-123-303 ;

(7) (A) "Disability" throughout this subchapter shall be interpreted identically to the term "handicap" within federal laws, regulations, cases, directives, and administrative rulings and positions on subject matter similar to the purposes of this subchapter and means a person: (i) With a physical or mental impairment which substantially limits one (1) or more of the person's major life activities; (ii) With a record of having an impairment which substantially limits one (1) or more of the person's major life activities; or (iii) Regarded as having an impairment which substantially limits one (1) or more of a person's major life activities. (B) "Disability" does not include current, illegal use of or addiction to a controlled substance, as defined in § 102 of the Controlled Substances Act, 21 U.S.C. § 802 , as in effect January 1, 2001;

(A) "Disability" throughout this subchapter shall be interpreted identically to the term "handicap" within federal laws, regulations, cases, directives, and administrative rulings and positions on subject matter similar to the purposes of this subchapter and means a person: (i) With a physical or mental impairment which substantially limits one (1) or more of the person's major life activities; (ii) With a record of having an impairment which substantially limits one (1) or more of the person's major life activities; or (iii) Regarded as having an impairment which substantially limits one (1) or more of a person's major life activities.

(i) With a physical or mental impairment which substantially limits one (1) or more of the person's major life activities;

(ii) With a record of having an impairment which substantially limits one (1) or more of the person's major life activities; or

(iii) Regarded as having an impairment which substantially limits one (1) or more of a person's major life activities.

(B) "Disability" does not include current, illegal use of or addiction to a controlled substance, as defined in § 102 of the Controlled Substances Act, 21 U.S.C. § 802 , as in effect January 1, 2001;

(8) "Discriminatory housing practice" means an act that is prohibited under §§ 16-23-310 - 16-123-316 and § 16-23-344 ;

(9) "Dwelling" means any building, structure, or portion thereof, which is occupied as, or designed or intended for occupancy as, a residence by one (1) or more families and any vacant land which is offered for sale or lease for the construction or location thereon of any building, structure, or portion thereof which is occupied as, or designed or intended for occupancy as, a residence by one (1) or more families;

(10) "Familial status" means: (A) The status resulting from one (1) or more individuals who are under eighteen (18) years of age being domiciled with: (i) The parent or another person having legal custody of the individual under eighteen (18) years of age; or (ii) The designee of the parent or other person having custody, with the written permission of the parent or other person; (B) The status resulting from being in the process of securing legal custody of any individual who is under eighteen (18) years of age; or (C) The status resulting from being pregnant;

(A) The status resulting from one (1) or more individuals who are under eighteen (18) years of age being domiciled with: (i) The parent or another person having legal custody of the individual under eighteen (18) years of age; or (ii) The designee of the parent or other person having custody, with the written permission of the parent or other person;

(i) The parent or another person having legal custody of the individual under eighteen (18) years of age; or

(ii) The designee of the parent or other person having custody, with the written permission of the parent or other person;

(B) The status resulting from being in the process of securing legal custody of any individual who is under eighteen (18) years of age; or

(C) The status resulting from being pregnant;

(11) "Family" includes a single individual;

(12) "Person" includes individuals, corporations, partnerships, associations, labor organizations, legal representatives, mutual companies, joint-stock companies, trusts, unincorporated organizations, trustees, bankruptcy trustees, receivers, and fiduciaries;

(13) "Prevailing party" has the same meaning as the term has in Section 722 of the Revised Statutes of the United States, 42 U.S.C. § 1988 ;

(14) "Respondent" means: (A) The person or other entity accused in a complaint or an unfair housing practice; and (B) Any other person notified as required with respect to respondents under § 16-123-317(f) ; and

(A) The person or other entity accused in a complaint or an unfair housing practice; and

(B) Any other person notified as required with respect to respondents under § 16-123-317(f) ; and

(15) "To rent" includes to lease, to sublease, to let, and otherwise to grant for a consideration the right to occupy premises not owned by the occupant.

Acts 2001, No. 1785, § 3.
Ark. Code Ann. § 16-21-603 — AR Code / Title 16 / Chapter 21 / Subchapter 6 / Section 16-21-603
Phillips County Prosecuting Attorney expenses
Status: in_force

(a) Through an annual appropriation at sufficient level for operation, Phillips County shall provide at the county's expense the office expenses under § 16-21-602(a) in such amount of no less than thirty-five thousand dollars ($35,000) per year as appropriated by the quorum court and approved by the county judge. (b) (1) The office expenses under § 16-21-602(a) shall be paid in equal monthly installments from the county general fund, and the checks shall be made payable to the office of the Prosecuting Attorney of the First Judicial District or as directed by the prosecuting attorney. (2) Disbursements shall be made by the prosecuting attorney for the necessary expenses of the office based upon adequate documentation. (c) The prosecuting attorney may also be allowed additional office expenses upon appropriation of the quorum court and approval of the county judge. (d) (1) In addition to office expenses, the prosecuting attorney shall be entitled to one (1) secretary and administrative assistant, whose salary shall not be less than twenty-eight thousand dollars ($28,000) per year. (2) The salary, Social Security, matching, retirement, health insurance, and all related salary expenses of the secretary and administrative assistant shall be paid by Phillips County in accordance with the pay periods and payroll policy of Phillips County. (e) This section does not prohibit the quorum court in Phillips County from appropriating additional positions, salaries, or expenses greater than the amounts mandated in this section. (f) The prosecuting attorney shall be allowed additional assistants and employees in Phillips County upon appropriation of the quorum court and approval of the county judge. (g) The expenses required to be paid by this section are specifically declared to be separate and distinct from the responsibility of Phillips County to pay the contingent expense allowance of the prosecuting attorney as provided in § 16-21-601 and § 16-21-119(b)(5)(A) , and as otherwise provided by law. Added by Act 2017, No. 749,§ 2, eff. 8/1/2017.

(a) Through an annual appropriation at sufficient level for operation, Phillips County shall provide at the county's expense the office expenses under § 16-21-602(a) in such amount of no less than thirty-five thousand dollars ($35,000) per year as appropriated by the quorum court and approved by the county judge.

(b) (1) The office expenses under § 16-21-602(a) shall be paid in equal monthly installments from the county general fund, and the checks shall be made payable to the office of the Prosecuting Attorney of the First Judicial District or as directed by the prosecuting attorney. (2) Disbursements shall be made by the prosecuting attorney for the necessary expenses of the office based upon adequate documentation.

(1) The office expenses under § 16-21-602(a) shall be paid in equal monthly installments from the county general fund, and the checks shall be made payable to the office of the Prosecuting Attorney of the First Judicial District or as directed by the prosecuting attorney.

(2) Disbursements shall be made by the prosecuting attorney for the necessary expenses of the office based upon adequate documentation.

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

(d) (1) In addition to office expenses, the prosecuting attorney shall be entitled to one (1) secretary and administrative assistant, whose salary shall not be less than twenty-eight thousand dollars ($28,000) per year. (2) The salary, Social Security, matching, retirement, health insurance, and all related salary expenses of the secretary and administrative assistant shall be paid by Phillips County in accordance with the pay periods and payroll policy of Phillips County.

(1) In addition to office expenses, the prosecuting attorney shall be entitled to one (1) secretary and administrative assistant, whose salary shall not be less than twenty-eight thousand dollars ($28,000) per year.

(2) The salary, Social Security, matching, retirement, health insurance, and all related salary expenses of the secretary and administrative assistant shall be paid by Phillips County in accordance with the pay periods and payroll policy of Phillips County.

(e) This section does not prohibit the quorum court in Phillips County from appropriating additional positions, salaries, or expenses greater than the amounts mandated in this section.

(f) The prosecuting attorney shall be allowed additional assistants and employees in Phillips County upon appropriation of the quorum court and approval of the county judge.

(g) The expenses required to be paid by this section are specifically declared to be separate and distinct from the responsibility of Phillips County to pay the contingent expense allowance of the prosecuting attorney as provided in § 16-21-601 and § 16-21-119(b)(5)(A) , and as otherwise provided by law.

Added by Act 2017, No. 749,§ 2, eff. 8/1/2017.
Ark. Code Ann. § 16-90-1505 — AR Code / Title 16 / Chapter 90 / Subchapter 15 / Section 16-90-1505
Negotiated pleas to run concurrently
Status: in_force

(a) A negotiated plea entered into between the state and a person may be imposed using the procedures under § 5-4-403 . (b) (1) The court is also encouraged to refrain from fining a person and instead sentence the person to a period of incarceration only. (2) This subchapter does not limit a court's ability to impose a financial obligation against any person who has been convicted of an offense. Added by Act 2021, No. 1048,§ 1, eff. 7/28/2021.

(a) A negotiated plea entered into between the state and a person may be imposed using the procedures under § 5-4-403 .

(b) (1) The court is also encouraged to refrain from fining a person and instead sentence the person to a period of incarceration only. (2) This subchapter does not limit a court's ability to impose a financial obligation against any person who has been convicted of an offense.

(1) The court is also encouraged to refrain from fining a person and instead sentence the person to a period of incarceration only.

(2) This subchapter does not limit a court's ability to impose a financial obligation against any person who has been convicted of an offense.

Added by Act 2021, No. 1048,§ 1, eff. 7/28/2021.
Ark. Code Ann. § 16-17-917 — AR Code / Title 16 / Chapter 17 / Subchapter 9 / Section 16-17-917
[Repealed]
Status: repealed

Repealed by Act 2017, No. 723,§ 1, eff. 8/1/2017. Acts 2003, No. 1727, §; 17; 2007, No. 39, §; 1; 2007, No. 663, § 46.

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

Acts 2003, No. 1727, §; 17; 2007, No. 39, §; 1; 2007, No. 663, § 46.
Ark. Code Ann. § 16-120-803 — AR Code / Title 16 / Chapter 120 / Subchapter 8 / Section 16-120-803
Immunity for owners of stolen agricultural equipment or off-road vehicles - Definition
Status: in_force

(a) (1) As used in this section, "agricultural equipment or off-road vehicle" means a self-propelled motorized vehicle that is not designed to operate on a roadway but may be used for an agricultural or recreational purpose. (2) "Agricultural equipment or off-road vehicle" includes: (A) An all-terrain vehicle as defined in § 27-21-102 ; (B) A vehicle designed to be used for agricultural purposes, such as a tractor; and (C) A riding lawnmower. (3) "Agricultural equipment or off-road vehicle" does not include: (A) A motor vehicle designed and used for a medical purpose; (B) A motor vehicle designed to be used by an individual with a physical disability to assist in walking; (C) A motorized scooter or other vehicle designed to be used as a toy by a child; (D) A bicycle equipped with a small motor designed and used to assist the bicycle operator and that is not operated at a speed greater than twenty miles per hour (20 m.p.h.); (E) An electric personal assistive mobility device that is designed to not be capable of a speed of more than twenty miles per hour (20 m.p.h.); or (F) A device moved by human power or used exclusively upon stationary rails or tracks. (b) An owner of agricultural equipment or an off-road vehicle that is stolen or unlawfully appropriated by another person who commits a criminal offense using the agricultural equipment or off-road vehicle is not liable in a civil action for damages, injuries, or death resulting from or arising out of the use of the agricultural equipment or off-road vehicle in the commission of the criminal offense. Added by Act 2019, No. 518,§ 1, eff. 7/24/2019.

(a) (1) As used in this section, "agricultural equipment or off-road vehicle" means a self-propelled motorized vehicle that is not designed to operate on a roadway but may be used for an agricultural or recreational purpose. (2) "Agricultural equipment or off-road vehicle" includes: (A) An all-terrain vehicle as defined in § 27-21-102 ; (B) A vehicle designed to be used for agricultural purposes, such as a tractor; and (C) A riding lawnmower. (3) "Agricultural equipment or off-road vehicle" does not include: (A) A motor vehicle designed and used for a medical purpose; (B) A motor vehicle designed to be used by an individual with a physical disability to assist in walking; (C) A motorized scooter or other vehicle designed to be used as a toy by a child; (D) A bicycle equipped with a small motor designed and used to assist the bicycle operator and that is not operated at a speed greater than twenty miles per hour (20 m.p.h.); (E) An electric personal assistive mobility device that is designed to not be capable of a speed of more than twenty miles per hour (20 m.p.h.); or (F) A device moved by human power or used exclusively upon stationary rails or tracks.

(1) As used in this section, "agricultural equipment or off-road vehicle" means a self-propelled motorized vehicle that is not designed to operate on a roadway but may be used for an agricultural or recreational purpose.

(2) "Agricultural equipment or off-road vehicle" includes: (A) An all-terrain vehicle as defined in § 27-21-102 ; (B) A vehicle designed to be used for agricultural purposes, such as a tractor; and (C) A riding lawnmower.

(A) An all-terrain vehicle as defined in § 27-21-102 ;

(B) A vehicle designed to be used for agricultural purposes, such as a tractor; and

(C) A riding lawnmower.

(3) "Agricultural equipment or off-road vehicle" does not include: (A) A motor vehicle designed and used for a medical purpose; (B) A motor vehicle designed to be used by an individual with a physical disability to assist in walking; (C) A motorized scooter or other vehicle designed to be used as a toy by a child; (D) A bicycle equipped with a small motor designed and used to assist the bicycle operator and that is not operated at a speed greater than twenty miles per hour (20 m.p.h.); (E) An electric personal assistive mobility device that is designed to not be capable of a speed of more than twenty miles per hour (20 m.p.h.); or (F) A device moved by human power or used exclusively upon stationary rails or tracks.

(A) A motor vehicle designed and used for a medical purpose;

(B) A motor vehicle designed to be used by an individual with a physical disability to assist in walking;

(C) A motorized scooter or other vehicle designed to be used as a toy by a child;

(D) A bicycle equipped with a small motor designed and used to assist the bicycle operator and that is not operated at a speed greater than twenty miles per hour (20 m.p.h.);

(E) An electric personal assistive mobility device that is designed to not be capable of a speed of more than twenty miles per hour (20 m.p.h.); or

(F) A device moved by human power or used exclusively upon stationary rails or tracks.

(b) An owner of agricultural equipment or an off-road vehicle that is stolen or unlawfully appropriated by another person who commits a criminal offense using the agricultural equipment or off-road vehicle is not liable in a civil action for damages, injuries, or death resulting from or arising out of the use of the agricultural equipment or off-road vehicle in the commission of the criminal offense.

Added by Act 2019, No. 518,§ 1, eff. 7/24/2019.
Ark. Code Ann. § 16-13-224 — AR Code / Title 16 / Chapter 13 / Subchapter 2 / Section 16-13-224
Temporary exchange of districts - Assignment
Status: in_force

(a) Circuit judges may temporarily exchange judicial districts by joint order, and any circuit judge who consents may be assigned to another district for temporary service under rules adopted by the Supreme Court. (b) When a circuit judge is serving temporarily in a judicial district other than his or her own, he or she shall not thereby be disqualified from conducting court or performing the usual and customary functions of his or her office in his or her own judicial district. (c) A circuit judge on temporary duty by exchange or assignment: (1) Shall have the same power and authority as a regularly elected or appointed judge for the judicial district; and (2) May sign any judgment, order, document, or other paper relating to any case heard by the judge, either in the judicial district where the cause or matter is pending or in his or her own district, and the judgment, order, document, or other paper shall for all intents have the same effect, irrespective of the district in which it is signed. (d) The sheriff and the circuit clerk in the county where a circuit judge is on temporary duty by exchange or assignment shall perform the same duties and functions in carrying out the operation of the court as they perform in cases assigned to the regularly elected or appointed judges. (e) If a circuit judge who is on temporary duty by exchange or assignment needs a jury for the disposition of any case, he or she may use the regular or special panel of the circuit court of that county. If the regular and special panels are exhausted, he or she may summon the circuit clerk and have him or her select the required number of qualified jurors. Amended by Act 2017, No. 600,§ 3, eff. 8/1/2017. Acts 2003, No. 1185, § 79.

(a) Circuit judges may temporarily exchange judicial districts by joint order, and any circuit judge who consents may be assigned to another district for temporary service under rules adopted by the Supreme Court.

(b) When a circuit judge is serving temporarily in a judicial district other than his or her own, he or she shall not thereby be disqualified from conducting court or performing the usual and customary functions of his or her office in his or her own judicial district.

(c) A circuit judge on temporary duty by exchange or assignment: (1) Shall have the same power and authority as a regularly elected or appointed judge for the judicial district; and (2) May sign any judgment, order, document, or other paper relating to any case heard by the judge, either in the judicial district where the cause or matter is pending or in his or her own district, and the judgment, order, document, or other paper shall for all intents have the same effect, irrespective of the district in which it is signed.

(1) Shall have the same power and authority as a regularly elected or appointed judge for the judicial district; and

(2) May sign any judgment, order, document, or other paper relating to any case heard by the judge, either in the judicial district where the cause or matter is pending or in his or her own district, and the judgment, order, document, or other paper shall for all intents have the same effect, irrespective of the district in which it is signed.

(d) The sheriff and the circuit clerk in the county where a circuit judge is on temporary duty by exchange or assignment shall perform the same duties and functions in carrying out the operation of the court as they perform in cases assigned to the regularly elected or appointed judges.

(e) If a circuit judge who is on temporary duty by exchange or assignment needs a jury for the disposition of any case, he or she may use the regular or special panel of the circuit court of that county. If the regular and special panels are exhausted, he or she may summon the circuit clerk and have him or her select the required number of qualified jurors.

Amended by Act 2017, No. 600,§ 3, eff. 8/1/2017.

Acts 2003, No. 1185, § 79.
Ark. Code Ann. § 16-21-112 — AR Code / Title 16 / Chapter 21 / Subchapter 1 / Section 16-21-112
Prosecuting attorney pro tempore
Status: in_force

(a) If any prosecuting attorney neglects, or fails from sickness or any other cause, to attend any of the courts of the district for which he was elected and to prosecute as required by law, it shall be the duty of the court to appoint some proper person, being an attorney at law, to prosecute for the state during the term. That person shall, on taking the oath of office, perform all the duties of the regular prosecuting attorney for the term. (b) (1) The person so appointed shall be entitled to receive the same fees on convictions as the prosecuting attorney, and the sum of forty dollars ($40.00) for each term of the court, for prosecuting as provided in subsection (a) of this section, to be paid by the Treasurer of State out of any money appropriated for that purpose. (2) It shall be the duty of the Auditor of State, on receiving the certificate of the judge of the circuit court making the appointment of the prosecuting attorney pro tempore, to audit and allow the account and draw his warrant on the Treasurer of State for the payment thereof. (3) The amounts allowed in this subsection for prosecuting attorneys pro tempore shall be deducted from the regular prosecuting attorney's salary whenever a failure occurs on his part which is not occasioned by sickness of himself or family. (c) Judges of municipal courts shall have the same authority as judges of circuit courts to appoint a special prosecutor under the circumstances as prescribed in this section. Acts 1875 (Adj. Sess.), No. 5, §§ 1, 2, p. 6; C. & M. Dig., §§ 8323, 8324; Pope's Dig., §§ 10900, 10901; A.S.A. 1947, §§ 24-117, 24-118; Acts 1989, No. 825, § 1.

(a) If any prosecuting attorney neglects, or fails from sickness or any other cause, to attend any of the courts of the district for which he was elected and to prosecute as required by law, it shall be the duty of the court to appoint some proper person, being an attorney at law, to prosecute for the state during the term. That person shall, on taking the oath of office, perform all the duties of the regular prosecuting attorney for the term.

(b) (1) The person so appointed shall be entitled to receive the same fees on convictions as the prosecuting attorney, and the sum of forty dollars ($40.00) for each term of the court, for prosecuting as provided in subsection (a) of this section, to be paid by the Treasurer of State out of any money appropriated for that purpose. (2) It shall be the duty of the Auditor of State, on receiving the certificate of the judge of the circuit court making the appointment of the prosecuting attorney pro tempore, to audit and allow the account and draw his warrant on the Treasurer of State for the payment thereof. (3) The amounts allowed in this subsection for prosecuting attorneys pro tempore shall be deducted from the regular prosecuting attorney's salary whenever a failure occurs on his part which is not occasioned by sickness of himself or family.

(1) The person so appointed shall be entitled to receive the same fees on convictions as the prosecuting attorney, and the sum of forty dollars ($40.00) for each term of the court, for prosecuting as provided in subsection (a) of this section, to be paid by the Treasurer of State out of any money appropriated for that purpose.

(2) It shall be the duty of the Auditor of State, on receiving the certificate of the judge of the circuit court making the appointment of the prosecuting attorney pro tempore, to audit and allow the account and draw his warrant on the Treasurer of State for the payment thereof.

(3) The amounts allowed in this subsection for prosecuting attorneys pro tempore shall be deducted from the regular prosecuting attorney's salary whenever a failure occurs on his part which is not occasioned by sickness of himself or family.

(c) Judges of municipal courts shall have the same authority as judges of circuit courts to appoint a special prosecutor under the circumstances as prescribed in this section.

Acts 1875 (Adj. Sess.), No. 5, §§ 1, 2, p. 6; C. & M. Dig., §§ 8323, 8324; Pope's Dig., §§ 10900, 10901; A.S.A. 1947, §§ 24-117, 24-118; Acts 1989, No. 825, § 1.
Ark. Code Ann. § 16-112-107 — AR Code / Title 16 / Chapter 112 / Subchapter 1 / Section 16-112-107
Removal from county within 15 days of term of certain court prohibited - Exception
Status: in_force

No person charged with a criminal offense shall be removed by a writ of habeas corpus out of the county in which he or she is confined at any time within fifteen (15) days next preceding the term of the court at which the prisoner ought to be tried, except to convey him or her into the county where the offense with which he or she is charged is properly cognizable. Rev. Stat., ch. 73, art. 4, § 6; C. & M. Dig., § 5116; Pope's Dig., § 6379; A.S.A. 1947, § 34-1716.

No person charged with a criminal offense shall be removed by a writ of habeas corpus out of the county in which he or she is confined at any time within fifteen (15) days next preceding the term of the court at which the prisoner ought to be tried, except to convey him or her into the county where the offense with which he or she is charged is properly cognizable.

Rev. Stat., ch. 73, art. 4, § 6; C. & M. Dig., § 5116; Pope's Dig., § 6379; A.S.A. 1947, § 34-1716.
Ark. Code Ann. § 16-66-417 — AR Code / Title 16 / Chapter 66 / Subchapter 4 / Section 16-66-417
Executions from court with similar jurisdiction to justice of the peace - Land exempt - Procedure when returned unsatisfied
Status: in_force

(a) Land shall not be levied on or sold under execution from a justice of the peace's court or any court of similar jurisdiction. (b) When an execution on a judgment of a court of similar jurisdiction to the justice of the peace courts has been returned by a constable or other officer, either as to the whole or a part thereof, in substance, "no property found to satisfy the same", the plaintiff may obtain from the justice a certified copy of the judgment and execution and return and file the same in the circuit clerk's office of the county in which the judgment was rendered, which copies shall be copied by the clerk in a book kept for that purpose. Thereupon, the clerk shall issue writs of execution on the judgment for the amount due thereon and the costs, including the costs of the copies by the justice and copying by the clerk, which shall be levied and proceeded on as executions on judgments of the circuit court. Civil Code, §§ 826, 827; A.S.A. 1947, §§ 30-406, 30-407.

(a) Land shall not be levied on or sold under execution from a justice of the peace's court or any court of similar jurisdiction.

(b) When an execution on a judgment of a court of similar jurisdiction to the justice of the peace courts has been returned by a constable or other officer, either as to the whole or a part thereof, in substance, "no property found to satisfy the same", the plaintiff may obtain from the justice a certified copy of the judgment and execution and return and file the same in the circuit clerk's office of the county in which the judgment was rendered, which copies shall be copied by the clerk in a book kept for that purpose. Thereupon, the clerk shall issue writs of execution on the judgment for the amount due thereon and the costs, including the costs of the copies by the justice and copying by the clerk, which shall be levied and proceeded on as executions on judgments of the circuit court.

Civil Code, §§ 826, 827; A.S.A. 1947, §§ 30-406, 30-407.
Ark. Code Ann. § 16-84-116 — AR Code / Title 16 / Chapter 84 / Subchapter 1 / Section 16-84-116
Recommitment after bail or deposit of money
Status: in_force

(a) The court in which a prosecution for a public offense is pending may, by an order, direct the defendant to be arrested and committed to jail until legally discharged, after he or she has given bail, or deposited money in lieu thereof, in the following cases: (1) When by having failed to appear, a forfeiture of bail or of the money deposited has been incurred; (2) When the court is satisfied that his or her surety, or either of them, is dead, or insufficient, or has moved from the state; (3) Upon an indictment's being found for an offense not bailable. (b) Upon the order being made, the clerk shall issue process for the arrest and recommitment of the defendant. If the order is made on account of either of the cases mentioned in subdivision (a)(1) or (a)(2) of this section, the defendant shall be admitted to bail as upon his or her first commitment, in a sum to be fixed by the court and named in the process for his or her arrest. Acts 1989, No. 417, § 5.

(a) The court in which a prosecution for a public offense is pending may, by an order, direct the defendant to be arrested and committed to jail until legally discharged, after he or she has given bail, or deposited money in lieu thereof, in the following cases: (1) When by having failed to appear, a forfeiture of bail or of the money deposited has been incurred; (2) When the court is satisfied that his or her surety, or either of them, is dead, or insufficient, or has moved from the state; (3) Upon an indictment's being found for an offense not bailable.

(1) When by having failed to appear, a forfeiture of bail or of the money deposited has been incurred;

(2) When the court is satisfied that his or her surety, or either of them, is dead, or insufficient, or has moved from the state;

(3) Upon an indictment's being found for an offense not bailable.

(b) Upon the order being made, the clerk shall issue process for the arrest and recommitment of the defendant. If the order is made on account of either of the cases mentioned in subdivision (a)(1) or (a)(2) of this section, the defendant shall be admitted to bail as upon his or her first commitment, in a sum to be fixed by the court and named in the process for his or her arrest.

Acts 1989, No. 417, § 5.
Ark. Code Ann. § 16-46-307 — AR Code / Title 16 / Chapter 46 / Subchapter 3 / Section 16-46-307
Personal attendance of custodian - Production of original record
Status: in_force

(a) Where the personal attendance of the custodian is desired, the subpoena duces tecum shall contain a clause which reads: "The personal attendance of the custodian of records is necessary." (b) Where both the personal attendance of the custodian and the production of the original record are desired, the subpoena duces tecum shall contain a clause which reads: "The original records and the personal attendance of the custodian of records are necessary." (c) Where the personal attendance of the custodian is requested, the reasonable cost of producing the records and expenses for personal attendance shall be borne by the party requesting the subpoena. Acts 1981, No. 255, § 7; A.S.A. 1947, § 28-942.

(a) Where the personal attendance of the custodian is desired, the subpoena duces tecum shall contain a clause which reads: "The personal attendance of the custodian of records is necessary."

(b) Where both the personal attendance of the custodian and the production of the original record are desired, the subpoena duces tecum shall contain a clause which reads: "The original records and the personal attendance of the custodian of records are necessary."

(c) Where the personal attendance of the custodian is requested, the reasonable cost of producing the records and expenses for personal attendance shall be borne by the party requesting the subpoena.

Acts 1981, No. 255, § 7; A.S.A. 1947, § 28-942.
Ark. Code Ann. § 16-17-707 — AR Code / Title 16 / Chapter 17 / Subchapter 7 / Section 16-17-707
Separate accounting records of fines, etc. - Disbursements
Status: in_force

(a) The district court clerk shall keep three (3) separate accounting records of all fines, penalties, forfeitures, fees, and costs received by him or her for any of the officers of the town, city, or county, as provided in this subchapter: (1) The first class of accounting records shall embrace all sums collected in the district court in all nontraffic cases which are misdemeanors or violations of the town or city ordinances and all cases which are misdemeanors or violations under state law or traffic offenses which are misdemeanors or violations under state law or town or city ordinance committed within the corporate limits of the town or city where the court sits, where the arresting officer was a police officer or other officer of the town or city, a Division of Arkansas State Police officer or other certified law enforcement officer of the state, or an officer of a private or public college or university located within the corporate limits of the town or city where the court sits; (2) The second class of accounting records shall embrace all sums collected in the district court in all nontraffic cases which are misdemeanors or violations of county ordinances or are misdemeanors or violations of any of the laws of the state where the arresting officer was the county sheriff or a deputy sheriff or was not a police officer or other officer of the town or city where the court sits, and the offense was committed outside the corporate limits of the town or city where the court sits, and in all other criminal or traffic proceedings not specifically enumerated in this section; and (3) (A) The third class of accounting records shall embrace all sums collected in the district court in all civil and small claims cases. (B) The uniform filing fee collected under § 16-17-705 shall be remitted to the city administration of justice fund. (C) The uniform court costs collected under § 16-10-305 shall be remitted to the city administration of justice fund. (D) All other fees and interest earned on the court account shall be disbursed to the treasurers of the political subdivisions which contribute to the expense of the district court in accordance with a written agreement among the political subdivisions. (b) (1) (A) After deducting the fees due the police department and marshal's office and sheriff's office, the district court shall pay into the town or city treasury all sums collected from the first class of accounting records. (B) The district court shall pay all sums collected from the second class of accounting records into the county treasury. (2) Any district court that is funded solely by the county shall pay all sums collected from the first or second class of accounting records into the county treasury and shall pay all uniform filing fees and court costs collected into the county administration of justice fund. (3) A town or city that has a police department and does not operate a district court shall receive only the prorated sums collected as provided in § 16-17-1203 . (4) Direct monetary settlements shall be made with state entities or agencies as provided by law. (c) All disbursements from all three (3) classes of accounting records shall be pursuant to the provisions set forth in the Arkansas District Courts Accounting Law, § 16-10-201 et seq. Acts 1987, No. 431, § 6; 1987 (1st Ex. Sess.), No. 34, § 2; 2003, No. 1185, § 168; 2003, No. 1765, § 22; 2005, No. 1934, § 12; 2007, No. 663, § 37.

(a) The district court clerk shall keep three (3) separate accounting records of all fines, penalties, forfeitures, fees, and costs received by him or her for any of the officers of the town, city, or county, as provided in this subchapter: (1) The first class of accounting records shall embrace all sums collected in the district court in all nontraffic cases which are misdemeanors or violations of the town or city ordinances and all cases which are misdemeanors or violations under state law or traffic offenses which are misdemeanors or violations under state law or town or city ordinance committed within the corporate limits of the town or city where the court sits, where the arresting officer was a police officer or other officer of the town or city, a Division of Arkansas State Police officer or other certified law enforcement officer of the state, or an officer of a private or public college or university located within the corporate limits of the town or city where the court sits; (2) The second class of accounting records shall embrace all sums collected in the district court in all nontraffic cases which are misdemeanors or violations of county ordinances or are misdemeanors or violations of any of the laws of the state where the arresting officer was the county sheriff or a deputy sheriff or was not a police officer or other officer of the town or city where the court sits, and the offense was committed outside the corporate limits of the town or city where the court sits, and in all other criminal or traffic proceedings not specifically enumerated in this section; and (3) (A) The third class of accounting records shall embrace all sums collected in the district court in all civil and small claims cases. (B) The uniform filing fee collected under § 16-17-705 shall be remitted to the city administration of justice fund. (C) The uniform court costs collected under § 16-10-305 shall be remitted to the city administration of justice fund. (D) All other fees and interest earned on the court account shall be disbursed to the treasurers of the political subdivisions which contribute to the expense of the district court in accordance with a written agreement among the political subdivisions.

(1) The first class of accounting records shall embrace all sums collected in the district court in all nontraffic cases which are misdemeanors or violations of the town or city ordinances and all cases which are misdemeanors or violations under state law or traffic offenses which are misdemeanors or violations under state law or town or city ordinance committed within the corporate limits of the town or city where the court sits, where the arresting officer was a police officer or other officer of the town or city, a Division of Arkansas State Police officer or other certified law enforcement officer of the state, or an officer of a private or public college or university located within the corporate limits of the town or city where the court sits;

(2) The second class of accounting records shall embrace all sums collected in the district court in all nontraffic cases which are misdemeanors or violations of county ordinances or are misdemeanors or violations of any of the laws of the state where the arresting officer was the county sheriff or a deputy sheriff or was not a police officer or other officer of the town or city where the court sits, and the offense was committed outside the corporate limits of the town or city where the court sits, and in all other criminal or traffic proceedings not specifically enumerated in this section; and

(3) (A) The third class of accounting records shall embrace all sums collected in the district court in all civil and small claims cases. (B) The uniform filing fee collected under § 16-17-705 shall be remitted to the city administration of justice fund. (C) The uniform court costs collected under § 16-10-305 shall be remitted to the city administration of justice fund. (D) All other fees and interest earned on the court account shall be disbursed to the treasurers of the political subdivisions which contribute to the expense of the district court in accordance with a written agreement among the political subdivisions.

(A) The third class of accounting records shall embrace all sums collected in the district court in all civil and small claims cases.

(B) The uniform filing fee collected under § 16-17-705 shall be remitted to the city administration of justice fund.

(C) The uniform court costs collected under § 16-10-305 shall be remitted to the city administration of justice fund.

(D) All other fees and interest earned on the court account shall be disbursed to the treasurers of the political subdivisions which contribute to the expense of the district court in accordance with a written agreement among the political subdivisions.

(b) (1) (A) After deducting the fees due the police department and marshal's office and sheriff's office, the district court shall pay into the town or city treasury all sums collected from the first class of accounting records. (B) The district court shall pay all sums collected from the second class of accounting records into the county treasury. (2) Any district court that is funded solely by the county shall pay all sums collected from the first or second class of accounting records into the county treasury and shall pay all uniform filing fees and court costs collected into the county administration of justice fund. (3) A town or city that has a police department and does not operate a district court shall receive only the prorated sums collected as provided in § 16-17-1203 . (4) Direct monetary settlements shall be made with state entities or agencies as provided by law.

(1) (A) After deducting the fees due the police department and marshal's office and sheriff's office, the district court shall pay into the town or city treasury all sums collected from the first class of accounting records. (B) The district court shall pay all sums collected from the second class of accounting records into the county treasury.

(A) After deducting the fees due the police department and marshal's office and sheriff's office, the district court shall pay into the town or city treasury all sums collected from the first class of accounting records.

(B) The district court shall pay all sums collected from the second class of accounting records into the county treasury.

(2) Any district court that is funded solely by the county shall pay all sums collected from the first or second class of accounting records into the county treasury and shall pay all uniform filing fees and court costs collected into the county administration of justice fund.

(3) A town or city that has a police department and does not operate a district court shall receive only the prorated sums collected as provided in § 16-17-1203 .

(4) Direct monetary settlements shall be made with state entities or agencies as provided by law.

(c) All disbursements from all three (3) classes of accounting records shall be pursuant to the provisions set forth in the Arkansas District Courts Accounting Law, § 16-10-201 et seq.

Acts 1987, No. 431, § 6; 1987 (1st Ex. Sess.), No. 34, § 2; 2003, No. 1185, § 168; 2003, No. 1765, § 22; 2005, No. 1934, § 12; 2007, No. 663, § 37.
Ark. Code Ann. § 16-87-202 — AR Code / Title 16 / Chapter 87 / Subchapter 2 / Section 16-87-202
Arkansas Public Defender Commission - Fund created
Status: in_force

(a) There is hereby created the Arkansas Public Defender Commission. (b) (1) The commission shall be composed of seven (7) members appointed by the Governor for five-year terms. (2) At least four (4) members of the commission shall be attorneys who are licensed to practice law in the State of Arkansas and experienced in the defense of persons accused of crimes. (3) At least one (1) member of the commission shall be a county judge, and at least one (1) member shall be a trial judge who hears criminal cases. (4) No more than two (2) members of the commission shall be residents of the same congressional district, and no two (2) members of the commission shall be residents of the same county. (5) A commission member shall be eligible for reappointment and shall continue in office until a successor is appointed and qualified. (6) The Governor shall designate one (1) commission member to serve as chair. (c) (1) The commission shall meet at least once each quarter upon the call of the chair. (2) Commission members shall serve without compensation but may receive expense reimbursement in accordance with § 25-16-901 et seq. Acts 1993, No. 1193, § 11; 1997, No. 250, § 117.

(a) There is hereby created the Arkansas Public Defender Commission.

(b) (1) The commission shall be composed of seven (7) members appointed by the Governor for five-year terms. (2) At least four (4) members of the commission shall be attorneys who are licensed to practice law in the State of Arkansas and experienced in the defense of persons accused of crimes. (3) At least one (1) member of the commission shall be a county judge, and at least one (1) member shall be a trial judge who hears criminal cases. (4) No more than two (2) members of the commission shall be residents of the same congressional district, and no two (2) members of the commission shall be residents of the same county. (5) A commission member shall be eligible for reappointment and shall continue in office until a successor is appointed and qualified. (6) The Governor shall designate one (1) commission member to serve as chair.

(1) The commission shall be composed of seven (7) members appointed by the Governor for five-year terms.

(2) At least four (4) members of the commission shall be attorneys who are licensed to practice law in the State of Arkansas and experienced in the defense of persons accused of crimes.

(3) At least one (1) member of the commission shall be a county judge, and at least one (1) member shall be a trial judge who hears criminal cases.

(4) No more than two (2) members of the commission shall be residents of the same congressional district, and no two (2) members of the commission shall be residents of the same county.

(5) A commission member shall be eligible for reappointment and shall continue in office until a successor is appointed and qualified.

(6) The Governor shall designate one (1) commission member to serve as chair.

(c) (1) The commission shall meet at least once each quarter upon the call of the chair. (2) Commission members shall serve without compensation but may receive expense reimbursement in accordance with § 25-16-901 et seq.

(1) The commission shall meet at least once each quarter upon the call of the chair.

(2) Commission members shall serve without compensation but may receive expense reimbursement in accordance with § 25-16-901 et seq.

Acts 1993, No. 1193, § 11; 1997, No. 250, § 117.
Ark. Code Ann. § 16-101-104 — AR Code / Title 16 / Chapter 101 / Section 16-101-104
Costs and fees
Status: in_force

(a) The veterans treatment specialty court judge presiding over a veterans treatment specialty court program that has been approved by the Supreme Court may order a veterans treatment specialty court program participant to pay: (1) Court costs as provided in § 16-10-305 ; (2) Treatment costs; (3) Drug testing costs; (4) A veterans treatment specialty court program user fee; (5) Necessary supervision fees, including any applicable residential treatment fees; (6) A fee determined or authorized under § 12-27-125(b)(17)(B) or § 16-93-104(a)(1) that is to be paid to the Division of Community Correction; (7) Global Positioning System monitoring costs; and (8) Continuous alcohol monitoring fees. (b) (1) The veterans treatment specialty court judge shall establish a schedule for the payment of veterans treatment specialty court costs and fees. (2) The cost for treatment, drug testing, continuous alcohol monitoring if ordered, and supervision shall be set by the treatment and supervision providers and made part of the order of the veterans treatment specialty court judge for payment. (3) Veterans treatment specialty court program user fees shall be set by the veterans treatment specialty court judge. (4) The costs for treatment, drug testing, continuous alcohol monitoring if ordered, and supervision shall be paid to the respective providers. (5) (A) All court costs and veterans treatment specialty court program user fees assessed by the veterans treatment specialty court judge shall be paid to the court clerk for remittance to the county treasury under § 14-14-1313 . (B) All installment payments shall initially be deemed to be collection of court costs under § 16-10-305 until the court costs have been collected in full with any remaining payments representing collections of other fees and costs as authorized in this section and shall be credited to the county administration of justice fund and distributed under § 16-10-307 . (C) Veteran treatment specialty court program user fees shall be credited to a fund known as the "veterans treatment specialty court program fund" and appropriated by the quorum court for the benefit and administration of the veterans treatment specialty court program. (D) Court orders for costs and fees shall remain an obligation of the veterans treatment specialty court program participant and payment shall be monitored by the veterans treatment specialty court until fully made. (E) Expenditures from the veteran treatment specialty court program fund shall require the approval of the veteran treatment specialty court and shall be authorized and paid by law concerning the appropriation and payment of county or municipal expenditures by the governing body or, if applicable, governing bodies, that contribute to the expenses of the circuit court. (F) (i) Expenditures from the veterans treatment specialty court program fund shall be used solely for the support, benefit, and administration of the veterans treatment specialty court program. (ii) Expenditures may be made for indirect expenses related to the veterans treatment specialty court program, including training and travel expenses, veterans treatment specialty court program user incentives, graduation costs, and supplies. (6) Court orders for costs and fees shall remain an obligation of the veterans treatment specialty court participant and payment shall be monitored by the veterans treatment specialty court until fully made. (c) A grant awarded to a veterans treatment specialty court program, as well as all memorials, honorariums, and other monetary gifts to the veterans treatment specialty court program shall be deposited into the veterans treatment specialty court program fund. (d) A fee or costs under this section may be waived in whole or in part if the veterans treatment specialty court finds that the veterans treatment specialty court program participant subject to paying the fee or costs is indigent. Added by Act 2021, No. 58,§ 3, eff. 7/28/2021.

(a) The veterans treatment specialty court judge presiding over a veterans treatment specialty court program that has been approved by the Supreme Court may order a veterans treatment specialty court program participant to pay: (1) Court costs as provided in § 16-10-305 ; (2) Treatment costs; (3) Drug testing costs; (4) A veterans treatment specialty court program user fee; (5) Necessary supervision fees, including any applicable residential treatment fees; (6) A fee determined or authorized under § 12-27-125(b)(17)(B) or § 16-93-104(a)(1) that is to be paid to the Division of Community Correction; (7) Global Positioning System monitoring costs; and (8) Continuous alcohol monitoring fees.

(1) Court costs as provided in § 16-10-305 ;

(2) Treatment costs;

(3) Drug testing costs;

(4) A veterans treatment specialty court program user fee;

(5) Necessary supervision fees, including any applicable residential treatment fees;

(6) A fee determined or authorized under § 12-27-125(b)(17)(B) or § 16-93-104(a)(1) that is to be paid to the Division of Community Correction;

(7) Global Positioning System monitoring costs; and

(8) Continuous alcohol monitoring fees.

(b) (1) The veterans treatment specialty court judge shall establish a schedule for the payment of veterans treatment specialty court costs and fees. (2) The cost for treatment, drug testing, continuous alcohol monitoring if ordered, and supervision shall be set by the treatment and supervision providers and made part of the order of the veterans treatment specialty court judge for payment. (3) Veterans treatment specialty court program user fees shall be set by the veterans treatment specialty court judge. (4) The costs for treatment, drug testing, continuous alcohol monitoring if ordered, and supervision shall be paid to the respective providers. (5) (A) All court costs and veterans treatment specialty court program user fees assessed by the veterans treatment specialty court judge shall be paid to the court clerk for remittance to the county treasury under § 14-14-1313 . (B) All installment payments shall initially be deemed to be collection of court costs under § 16-10-305 until the court costs have been collected in full with any remaining payments representing collections of other fees and costs as authorized in this section and shall be credited to the county administration of justice fund and distributed under § 16-10-307 . (C) Veteran treatment specialty court program user fees shall be credited to a fund known as the "veterans treatment specialty court program fund" and appropriated by the quorum court for the benefit and administration of the veterans treatment specialty court program. (D) Court orders for costs and fees shall remain an obligation of the veterans treatment specialty court program participant and payment shall be monitored by the veterans treatment specialty court until fully made. (E) Expenditures from the veteran treatment specialty court program fund shall require the approval of the veteran treatment specialty court and shall be authorized and paid by law concerning the appropriation and payment of county or municipal expenditures by the governing body or, if applicable, governing bodies, that contribute to the expenses of the circuit court. (F) (i) Expenditures from the veterans treatment specialty court program fund shall be used solely for the support, benefit, and administration of the veterans treatment specialty court program. (ii) Expenditures may be made for indirect expenses related to the veterans treatment specialty court program, including training and travel expenses, veterans treatment specialty court program user incentives, graduation costs, and supplies. (6) Court orders for costs and fees shall remain an obligation of the veterans treatment specialty court participant and payment shall be monitored by the veterans treatment specialty court until fully made.

(1) The veterans treatment specialty court judge shall establish a schedule for the payment of veterans treatment specialty court costs and fees.

(2) The cost for treatment, drug testing, continuous alcohol monitoring if ordered, and supervision shall be set by the treatment and supervision providers and made part of the order of the veterans treatment specialty court judge for payment.

(3) Veterans treatment specialty court program user fees shall be set by the veterans treatment specialty court judge.

(4) The costs for treatment, drug testing, continuous alcohol monitoring if ordered, and supervision shall be paid to the respective providers.

(5) (A) All court costs and veterans treatment specialty court program user fees assessed by the veterans treatment specialty court judge shall be paid to the court clerk for remittance to the county treasury under § 14-14-1313 . (B) All installment payments shall initially be deemed to be collection of court costs under § 16-10-305 until the court costs have been collected in full with any remaining payments representing collections of other fees and costs as authorized in this section and shall be credited to the county administration of justice fund and distributed under § 16-10-307 . (C) Veteran treatment specialty court program user fees shall be credited to a fund known as the "veterans treatment specialty court program fund" and appropriated by the quorum court for the benefit and administration of the veterans treatment specialty court program. (D) Court orders for costs and fees shall remain an obligation of the veterans treatment specialty court program participant and payment shall be monitored by the veterans treatment specialty court until fully made. (E) Expenditures from the veteran treatment specialty court program fund shall require the approval of the veteran treatment specialty court and shall be authorized and paid by law concerning the appropriation and payment of county or municipal expenditures by the governing body or, if applicable, governing bodies, that contribute to the expenses of the circuit court. (F) (i) Expenditures from the veterans treatment specialty court program fund shall be used solely for the support, benefit, and administration of the veterans treatment specialty court program. (ii) Expenditures may be made for indirect expenses related to the veterans treatment specialty court program, including training and travel expenses, veterans treatment specialty court program user incentives, graduation costs, and supplies.

(A) All court costs and veterans treatment specialty court program user fees assessed by the veterans treatment specialty court judge shall be paid to the court clerk for remittance to the county treasury under § 14-14-1313 .

(B) All installment payments shall initially be deemed to be collection of court costs under § 16-10-305 until the court costs have been collected in full with any remaining payments representing collections of other fees and costs as authorized in this section and shall be credited to the county administration of justice fund and distributed under § 16-10-307 .

(C) Veteran treatment specialty court program user fees shall be credited to a fund known as the "veterans treatment specialty court program fund" and appropriated by the quorum court for the benefit and administration of the veterans treatment specialty court program.

(D) Court orders for costs and fees shall remain an obligation of the veterans treatment specialty court program participant and payment shall be monitored by the veterans treatment specialty court until fully made.

(E) Expenditures from the veteran treatment specialty court program fund shall require the approval of the veteran treatment specialty court and shall be authorized and paid by law concerning the appropriation and payment of county or municipal expenditures by the governing body or, if applicable, governing bodies, that contribute to the expenses of the circuit court.

(F) (i) Expenditures from the veterans treatment specialty court program fund shall be used solely for the support, benefit, and administration of the veterans treatment specialty court program. (ii) Expenditures may be made for indirect expenses related to the veterans treatment specialty court program, including training and travel expenses, veterans treatment specialty court program user incentives, graduation costs, and supplies.

(i) Expenditures from the veterans treatment specialty court program fund shall be used solely for the support, benefit, and administration of the veterans treatment specialty court program.

(ii) Expenditures may be made for indirect expenses related to the veterans treatment specialty court program, including training and travel expenses, veterans treatment specialty court program user incentives, graduation costs, and supplies.

(6) Court orders for costs and fees shall remain an obligation of the veterans treatment specialty court participant and payment shall be monitored by the veterans treatment specialty court until fully made.

(c) A grant awarded to a veterans treatment specialty court program, as well as all memorials, honorariums, and other monetary gifts to the veterans treatment specialty court program shall be deposited into the veterans treatment specialty court program fund.

(d) A fee or costs under this section may be waived in whole or in part if the veterans treatment specialty court finds that the veterans treatment specialty court program participant subject to paying the fee or costs is indigent.

Added by Act 2021, No. 58,§ 3, eff. 7/28/2021.
Ark. Code Ann. § 16-117-304 — AR Code / Title 16 / Chapter 117 / Subchapter 3 / Section 16-117-304
Attachments - Intervention by receiver - Dismissal and return of property
Status: in_force

The receiver shall intervene in every case in which the property of the insolvent debtor has, within ten (10) days before the filing of the petition, been attached. Upon the receiver's motion, every such attachment shall be dissolved and the attached property shall be turned over to the receiver upon the payment by the receiver of all costs which have accrued in the attachment suit. Acts 1897 (Ex. Sess.), No. 48, § 2, p. 115; C. & M. Dig., § 5886; Pope's Dig., § 7608; A.S.A. 1947, § 36-202.

The receiver shall intervene in every case in which the property of the insolvent debtor has, within ten (10) days before the filing of the petition, been attached. Upon the receiver's motion, every such attachment shall be dissolved and the attached property shall be turned over to the receiver upon the payment by the receiver of all costs which have accrued in the attachment suit.

Acts 1897 (Ex. Sess.), No. 48, § 2, p. 115; C. & M. Dig., § 5886; Pope's Dig., § 7608; A.S.A. 1947, § 36-202.
Ark. Code Ann. § 16-81-102 — AR Code / Title 16 / Chapter 81 / Subchapter 1 / Section 16-81-102
Persons not subject to arrest
Status: in_force

(a) (1) The members of the Senate and House of Representatives and the clerks, sergeants-at-arms, and doorkeepers of each branch of the General Assembly shall be privileged from arrest during the session of the General Assembly and for fifteen (15) days before the commencement and after the termination of each session. (2) If any person shall arrest any of the persons named in this subsection during the time they are privileged therefrom, the person shall forfeit and pay the sum of one hundred dollars ($100), with costs, to be recovered by action in the name and for the use of the injured party. (b) All persons qualified to vote for representatives in the General Assembly shall be privileged from arrest during their attendance at any election and while on their way going to and returning from the election. (c) No person shall be arrested while doing militia duty under the order of his commanding officer or while going to or returning from the place of duty or parade. (d) No person shall be arrested in the Senate chamber or House of Representatives during their sitting, or in any court of justice during the sitting of the court. (e) Nothing contained in this section shall be so construed as to extend to cases of treason, felony, or breach of the peace or to privilege any person named from being served at any time or place specified in this section with a summons or notice to appear. (f) If any person is arrested contrary to the provisions of this section, the person shall be discharged on a writ of habeas corpus by any court or officer having authority to issue the writ at the cost of the party procuring the arrest. Rev. Stat., ch. 10, §§ 1, 3-6, 8, 9; C. & M. Dig., §§ 429, 431-434, 436, 437; Pope's Dig., §§ 466, 468-471, 473, 474; A.S.A. 1947, §§ 43-301 -- 43-307.

(a) (1) The members of the Senate and House of Representatives and the clerks, sergeants-at-arms, and doorkeepers of each branch of the General Assembly shall be privileged from arrest during the session of the General Assembly and for fifteen (15) days before the commencement and after the termination of each session. (2) If any person shall arrest any of the persons named in this subsection during the time they are privileged therefrom, the person shall forfeit and pay the sum of one hundred dollars ($100), with costs, to be recovered by action in the name and for the use of the injured party.

(1) The members of the Senate and House of Representatives and the clerks, sergeants-at-arms, and doorkeepers of each branch of the General Assembly shall be privileged from arrest during the session of the General Assembly and for fifteen (15) days before the commencement and after the termination of each session.

(2) If any person shall arrest any of the persons named in this subsection during the time they are privileged therefrom, the person shall forfeit and pay the sum of one hundred dollars ($100), with costs, to be recovered by action in the name and for the use of the injured party.

(b) All persons qualified to vote for representatives in the General Assembly shall be privileged from arrest during their attendance at any election and while on their way going to and returning from the election.

(c) No person shall be arrested while doing militia duty under the order of his commanding officer or while going to or returning from the place of duty or parade.

(d) No person shall be arrested in the Senate chamber or House of Representatives during their sitting, or in any court of justice during the sitting of the court.

(e) Nothing contained in this section shall be so construed as to extend to cases of treason, felony, or breach of the peace or to privilege any person named from being served at any time or place specified in this section with a summons or notice to appear.

(f) If any person is arrested contrary to the provisions of this section, the person shall be discharged on a writ of habeas corpus by any court or officer having authority to issue the writ at the cost of the party procuring the arrest.

Rev. Stat., ch. 10, §§ 1, 3-6, 8, 9; C. & M. Dig., §§ 429, 431-434, 436, 437; Pope's Dig., §§ 466, 468-471, 473, 474; A.S.A. 1947, §§ 43-301 -- 43-307.
Ark. Code Ann. § 16-10-603 — AR Code / Title 16 / Chapter 10 / Subchapter 6 / Section 16-10-603
Procedure - County administration of justice funds
Status: in_force

(a) (1) Pursuant to § 16-10-307 , each county is to create a county administration of justice fund. (2) Each county treasurer should deposit into the fund: (A) All receipts from the collection of uniform filing fees established by § 21-6-403 which are collected by the circuit clerk, county clerk, or other official and remitted to the county treasurer; (B) All receipts from the collection of uniform court costs established by § 16-10-305 which are collected by the county official, agency, or department designated pursuant to § 16-13-709 as primarily responsible for the collection of fines assessed in circuit court and remitted to the county treasurer; (C) All receipts of the county's share of uniform filing fees established by § 16-17-705 which are collected by the district courts within the county and remitted to the county treasurer; and (D) All receipts of the county's share of uniform court costs established by § 16-10-305 which are collected by the official, agency, or department of the county, town, or city designated pursuant to § 16-13-709 as primarily responsible for the collection of fines assessed in district courts within the county and remitted to the county treasurer. (b) From the county administration of justice fund, the county treasurer is to make, on a monthly basis, the following fund transfers or disbursements: (1) (A) Pursuant to § 16-10-307(c) , the Department of Finance and Administration will certify for each county the county's monthly share of uniform court costs and filing fees to be retained by the county. (B) (i) Each year the quorum court shall establish the amount of uniform filing fees and court costs to be appropriated to each of the county programs or agencies enumerated in § 16-10-307(b) from the county's share of uniform court costs and filing fees. (ii) Each program or agency shall receive, as a minimum, the amount established by § 16-10-307(b) ; and (2) The excess of the monthly receipts into the fund from subdivisions (a)(2)(A) and (B) of this section, less the county's certified monthly share and the county treasurer's commission, if any, as authorized by § 21-6-302 , shall be remitted to the Department of Finance and Administration, pursuant to § 16-10-307(e) . Acts 1997, No. 788, § 7; 1997, No. 1341, § 7; 2003, No. 1185, §§ 58, 59; 2007, No. 663, § 29.

(a) (1) Pursuant to § 16-10-307 , each county is to create a county administration of justice fund. (2) Each county treasurer should deposit into the fund: (A) All receipts from the collection of uniform filing fees established by § 21-6-403 which are collected by the circuit clerk, county clerk, or other official and remitted to the county treasurer; (B) All receipts from the collection of uniform court costs established by § 16-10-305 which are collected by the county official, agency, or department designated pursuant to § 16-13-709 as primarily responsible for the collection of fines assessed in circuit court and remitted to the county treasurer; (C) All receipts of the county's share of uniform filing fees established by § 16-17-705 which are collected by the district courts within the county and remitted to the county treasurer; and (D) All receipts of the county's share of uniform court costs established by § 16-10-305 which are collected by the official, agency, or department of the county, town, or city designated pursuant to § 16-13-709 as primarily responsible for the collection of fines assessed in district courts within the county and remitted to the county treasurer.

(1) Pursuant to § 16-10-307 , each county is to create a county administration of justice fund.

(2) Each county treasurer should deposit into the fund: (A) All receipts from the collection of uniform filing fees established by § 21-6-403 which are collected by the circuit clerk, county clerk, or other official and remitted to the county treasurer; (B) All receipts from the collection of uniform court costs established by § 16-10-305 which are collected by the county official, agency, or department designated pursuant to § 16-13-709 as primarily responsible for the collection of fines assessed in circuit court and remitted to the county treasurer; (C) All receipts of the county's share of uniform filing fees established by § 16-17-705 which are collected by the district courts within the county and remitted to the county treasurer; and (D) All receipts of the county's share of uniform court costs established by § 16-10-305 which are collected by the official, agency, or department of the county, town, or city designated pursuant to § 16-13-709 as primarily responsible for the collection of fines assessed in district courts within the county and remitted to the county treasurer.

(A) All receipts from the collection of uniform filing fees established by § 21-6-403 which are collected by the circuit clerk, county clerk, or other official and remitted to the county treasurer;

(B) All receipts from the collection of uniform court costs established by § 16-10-305 which are collected by the county official, agency, or department designated pursuant to § 16-13-709 as primarily responsible for the collection of fines assessed in circuit court and remitted to the county treasurer;

(C) All receipts of the county's share of uniform filing fees established by § 16-17-705 which are collected by the district courts within the county and remitted to the county treasurer; and

(D) All receipts of the county's share of uniform court costs established by § 16-10-305 which are collected by the official, agency, or department of the county, town, or city designated pursuant to § 16-13-709 as primarily responsible for the collection of fines assessed in district courts within the county and remitted to the county treasurer.

(b) From the county administration of justice fund, the county treasurer is to make, on a monthly basis, the following fund transfers or disbursements: (1) (A) Pursuant to § 16-10-307(c) , the Department of Finance and Administration will certify for each county the county's monthly share of uniform court costs and filing fees to be retained by the county. (B) (i) Each year the quorum court shall establish the amount of uniform filing fees and court costs to be appropriated to each of the county programs or agencies enumerated in § 16-10-307(b) from the county's share of uniform court costs and filing fees. (ii) Each program or agency shall receive, as a minimum, the amount established by § 16-10-307(b) ; and (2) The excess of the monthly receipts into the fund from subdivisions (a)(2)(A) and (B) of this section, less the county's certified monthly share and the county treasurer's commission, if any, as authorized by § 21-6-302 , shall be remitted to the Department of Finance and Administration, pursuant to § 16-10-307(e) .

(1) (A) Pursuant to § 16-10-307(c) , the Department of Finance and Administration will certify for each county the county's monthly share of uniform court costs and filing fees to be retained by the county. (B) (i) Each year the quorum court shall establish the amount of uniform filing fees and court costs to be appropriated to each of the county programs or agencies enumerated in § 16-10-307(b) from the county's share of uniform court costs and filing fees. (ii) Each program or agency shall receive, as a minimum, the amount established by § 16-10-307(b) ; and

(A) Pursuant to § 16-10-307(c) , the Department of Finance and Administration will certify for each county the county's monthly share of uniform court costs and filing fees to be retained by the county.

(B) (i) Each year the quorum court shall establish the amount of uniform filing fees and court costs to be appropriated to each of the county programs or agencies enumerated in § 16-10-307(b) from the county's share of uniform court costs and filing fees. (ii) Each program or agency shall receive, as a minimum, the amount established by § 16-10-307(b) ; and

(i) Each year the quorum court shall establish the amount of uniform filing fees and court costs to be appropriated to each of the county programs or agencies enumerated in § 16-10-307(b) from the county's share of uniform court costs and filing fees.

(ii) Each program or agency shall receive, as a minimum, the amount established by § 16-10-307(b) ; and

(2) The excess of the monthly receipts into the fund from subdivisions (a)(2)(A) and (B) of this section, less the county's certified monthly share and the county treasurer's commission, if any, as authorized by § 21-6-302 , shall be remitted to the Department of Finance and Administration, pursuant to § 16-10-307(e) .

Acts 1997, No. 788, § 7; 1997, No. 1341, § 7; 2003, No. 1185, §§ 58, 59; 2007, No. 663, § 29.
Ark. Code Ann. § 16-94-221 — AR Code / Title 16 / Chapter 94 / Subchapter 2 / Section 16-94-221
Recall of warrant or issuance of alias
Status: in_force

The Governor may recall his or her warrant of arrest or may issue another warrant whenever he or she deems proper. Acts 1935, No. 126, § 21; Pope's Dig., § 6101; A.S.A. 1947, § 43-3021.

The Governor may recall his or her warrant of arrest or may issue another warrant whenever he or she deems proper.

Acts 1935, No. 126, § 21; Pope's Dig., § 6101; A.S.A. 1947, § 43-3021.
Ark. Code Ann. § 16-123-209 — AR Code / Title 16 / Chapter 123 / Subchapter 2 / Section 16-123-209
Violation
Status: in_force

A person shall not violate the terms of an order to an adjustment order made under this subchapter. Acts 1995, No. 1129, § 1; 1995, No. 1327, § 1.

A person shall not violate the terms of an order to an adjustment order made under this subchapter.

Acts 1995, No. 1129, § 1; 1995, No. 1327, § 1.
Ark. Code Ann. § 16-93-202 — AR Code / Title 16 / Chapter 93 / Subchapter 2 / Section 16-93-202
Seal - Records and reports
Status: in_force

(a) The Post-Prison Transfer Board shall adopt an official seal of which the courts shall take judicial notice. (b) The board shall keep a record of its acts and shall notify each institution and facility of its decisions relating to persons who have been confined therein. (c) (1) An annual report in writing shall be made by the board on or before February 1 of each year for the preceding year. (2) The report shall be directed to the Governor and to the General Assembly and shall contain statistical and other data concerning its work, including research studies which it may make on parole, post-release supervision, or related functions. (d) (1) A presentence report, a preparole report, and a supervision history obtained in the discharge of official duty by any member or employee of the board shall be privileged and shall not be disclosed, directly or indirectly, to any person other than the board, a court, others entitled under this chapter to receive the information, or as required under § 16-93-213 . (2) However, the board or a court, at its discretion, may permit the inspection of the presentence report, preparole report, or supervision history by a person having a proper interest in the presentence report, preparole report, or supervision history if the interests or welfare of the person involved makes that action desirable or helpful. (e) (1) (A) Upon written request, a member of the General Assembly or an employee of the House of Representatives, the Senate, or the Bureau of Legislative Research acting on the member's behalf may view all classification, disciplinary, demographic, parole, and post-release supervision hearing records of a current or former inmate, parolee, or offender on post-release supervision who is currently or was formerly granted parole or post-release supervision by the board. (B) A request made on behalf of a member of the General Assembly shall be made in good faith. (2) A view of records under subdivision (e)(1) of this section by an employee may be performed only if the employee is assigned to one (1) or more of the following committees: (A) Senate Committee on Judiciary; (B) House Committee on Judiciary; or (C) Charitable, Penal and Correctional Institutions Subcommittee of the Legislative Council. (3) The board shall ensure that the employee authorized under subdivision (e)(2) of this section to view records is provided access to the records. (4) A record requested to be viewed under subdivision (e)(1) of this section is privileged and confidential and shall not be shown to any person not authorized to have access to the record under this section and shall not be used for any political purpose, including without limitation political advertising, fundraising, or campaigning. Amended by Act 2023, No. 659,§ 165, eff. 1/1/2024. Amended by Act 2023, No. 659,§ 164, eff. 1/1/2024. Amended by Act 2023, No. 659,§ 163, eff. 1/1/2024. Amended by Act 2015, No. 1265,§ 10, eff. 4/8/2015. Amended by Act 2015, No. 895,§ 23, eff. 4/1/2015. Acts 1968 (1st Ex. Sess.), No. 50, §§ 26, 27; A.S.A. 1947, §§ 43-2805, 43-2806; Acts 1993, No. 530, § 3; 1993, No. 547, § 3.

(a) The Post-Prison Transfer Board shall adopt an official seal of which the courts shall take judicial notice.

(b) The board shall keep a record of its acts and shall notify each institution and facility of its decisions relating to persons who have been confined therein.

(c) (1) An annual report in writing shall be made by the board on or before February 1 of each year for the preceding year. (2) The report shall be directed to the Governor and to the General Assembly and shall contain statistical and other data concerning its work, including research studies which it may make on parole, post-release supervision, or related functions.

(1) An annual report in writing shall be made by the board on or before February 1 of each year for the preceding year.

(2) The report shall be directed to the Governor and to the General Assembly and shall contain statistical and other data concerning its work, including research studies which it may make on parole, post-release supervision, or related functions.

(d) (1) A presentence report, a preparole report, and a supervision history obtained in the discharge of official duty by any member or employee of the board shall be privileged and shall not be disclosed, directly or indirectly, to any person other than the board, a court, others entitled under this chapter to receive the information, or as required under § 16-93-213 . (2) However, the board or a court, at its discretion, may permit the inspection of the presentence report, preparole report, or supervision history by a person having a proper interest in the presentence report, preparole report, or supervision history if the interests or welfare of the person involved makes that action desirable or helpful.

(1) A presentence report, a preparole report, and a supervision history obtained in the discharge of official duty by any member or employee of the board shall be privileged and shall not be disclosed, directly or indirectly, to any person other than the board, a court, others entitled under this chapter to receive the information, or as required under § 16-93-213 .

(2) However, the board or a court, at its discretion, may permit the inspection of the presentence report, preparole report, or supervision history by a person having a proper interest in the presentence report, preparole report, or supervision history if the interests or welfare of the person involved makes that action desirable or helpful.

(e) (1) (A) Upon written request, a member of the General Assembly or an employee of the House of Representatives, the Senate, or the Bureau of Legislative Research acting on the member's behalf may view all classification, disciplinary, demographic, parole, and post-release supervision hearing records of a current or former inmate, parolee, or offender on post-release supervision who is currently or was formerly granted parole or post-release supervision by the board. (B) A request made on behalf of a member of the General Assembly shall be made in good faith. (2) A view of records under subdivision (e)(1) of this section by an employee may be performed only if the employee is assigned to one (1) or more of the following committees: (A) Senate Committee on Judiciary; (B) House Committee on Judiciary; or (C) Charitable, Penal and Correctional Institutions Subcommittee of the Legislative Council. (3) The board shall ensure that the employee authorized under subdivision (e)(2) of this section to view records is provided access to the records. (4) A record requested to be viewed under subdivision (e)(1) of this section is privileged and confidential and shall not be shown to any person not authorized to have access to the record under this section and shall not be used for any political purpose, including without limitation political advertising, fundraising, or campaigning.

(1) (A) Upon written request, a member of the General Assembly or an employee of the House of Representatives, the Senate, or the Bureau of Legislative Research acting on the member's behalf may view all classification, disciplinary, demographic, parole, and post-release supervision hearing records of a current or former inmate, parolee, or offender on post-release supervision who is currently or was formerly granted parole or post-release supervision by the board. (B) A request made on behalf of a member of the General Assembly shall be made in good faith.

(A) Upon written request, a member of the General Assembly or an employee of the House of Representatives, the Senate, or the Bureau of Legislative Research acting on the member's behalf may view all classification, disciplinary, demographic, parole, and post-release supervision hearing records of a current or former inmate, parolee, or offender on post-release supervision who is currently or was formerly granted parole or post-release supervision by the board.

(B) A request made on behalf of a member of the General Assembly shall be made in good faith.

(2) A view of records under subdivision (e)(1) of this section by an employee may be performed only if the employee is assigned to one (1) or more of the following committees: (A) Senate Committee on Judiciary; (B) House Committee on Judiciary; or (C) Charitable, Penal and Correctional Institutions Subcommittee of the Legislative Council.

(A) Senate Committee on Judiciary;

(B) House Committee on Judiciary; or

(C) Charitable, Penal and Correctional Institutions Subcommittee of the Legislative Council.

(3) The board shall ensure that the employee authorized under subdivision (e)(2) of this section to view records is provided access to the records.

(4) A record requested to be viewed under subdivision (e)(1) of this section is privileged and confidential and shall not be shown to any person not authorized to have access to the record under this section and shall not be used for any political purpose, including without limitation political advertising, fundraising, or campaigning.

Amended by Act 2023, No. 659,§ 165, eff. 1/1/2024.

Amended by Act 2023, No. 659,§ 164, eff. 1/1/2024.

Amended by Act 2023, No. 659,§ 163, eff. 1/1/2024.

Amended by Act 2015, No. 1265,§ 10, eff. 4/8/2015.

Amended by Act 2015, No. 895,§ 23, eff. 4/1/2015.

Acts 1968 (1st Ex. Sess.), No. 50, §§ 26, 27; A.S.A. 1947, §§ 43-2805, 43-2806; Acts 1993, No. 530, § 3; 1993, No. 547, § 3.
Ark. Code Ann. § 16-4-105 — AR Code / Title 16 / Chapter 4 / Section 16-4-105
Other provisions of law unaffected
Status: in_force

Except as otherwise provided herein, this chapter does not repeal or modify any law of this state: (1) Authorizing the exercise of jurisdiction on any bases other than the bases specified in § 16-4-101 ; (2) Permitting a procedure for service or for obtaining testimony, documents, or other things for use in this state or in a tribunal outside this state other than the procedures prescribed in § 16-4-102 ; or (3) Authorizing the proof of official records or any entry or lack of entry therein by any method other than the methods prescribed in § 16-4-104 [superseded]. Acts 1963, No. 101, § 5; A.S.A. 1947, § 27-2506.

Except as otherwise provided herein, this chapter does not repeal or modify any law of this state:

(1) Authorizing the exercise of jurisdiction on any bases other than the bases specified in § 16-4-101 ;

(2) Permitting a procedure for service or for obtaining testimony, documents, or other things for use in this state or in a tribunal outside this state other than the procedures prescribed in § 16-4-102 ; or

(3) Authorizing the proof of official records or any entry or lack of entry therein by any method other than the methods prescribed in § 16-4-104 [superseded].

Acts 1963, No. 101, § 5; A.S.A. 1947, § 27-2506.
Ark. Code Ann. § 16-86-112 — AR Code / Title 16 / Chapter 86 / Section 16-86-112
Escape of committed person
Status: in_force

(a) A person committed to the state hospital in compliance with this chapter who escapes from the hospital shall be returned to the jurisdiction of the committing court upon his or her apprehension. (b) After the return of the person to the jurisdiction of the committing court, the court may recommit him or her to the Arkansas State Hospital for further examination or make such other orders as, in its discretion, may be deemed necessary to provide for the custody of the person. Acts 1971, No. 433, ch. 6, §§ 10, 11; A.S.A. 1947, §§ 43-1310, 43-1311.

(a) A person committed to the state hospital in compliance with this chapter who escapes from the hospital shall be returned to the jurisdiction of the committing court upon his or her apprehension.

(b) After the return of the person to the jurisdiction of the committing court, the court may recommit him or her to the Arkansas State Hospital for further examination or make such other orders as, in its discretion, may be deemed necessary to provide for the custody of the person.

Acts 1971, No. 433, ch. 6, §§ 10, 11; A.S.A. 1947, §§ 43-1310, 43-1311.
Ark. Code Ann. § 16-116-301 — AR Code / Title 16 / Chapter 116 / Subchapter 3 / Section 16-116-301
Proximate cause
Status: in_force

(a) In a product liability action, the actual discharge of a firearm, a nonpowder gun, or ammunition by a person shall be the proximate cause of injury, damage, or death resulting from the use of the product, and not the inherent capability to cause injury, damage, or death of the firearm, the nonpowder gun, or ammunition. (b) The manufacturer's, importer's, or distributor's mere placement of a firearm, a nonpowder gun, or ammunition into the stream of commerce shall not be conduct deemed sufficient to constitute the proximate cause of injury, damage, or death resulting from a person's use of the firearm, the nonpowder gun, or ammunition. (c) Even if the accidental discharge of the firearm or nonpowder gun is found to be foreseeable, the manufacturer's, importer's, or distributor's mere placement of the firearm or nonpowder gun in the stream of commerce shall not be conduct deemed sufficient to constitute proximate cause in a product liability action concerning the accidental discharge of a firearm or nonpowder gun. Acts 2003, No. 935, § 1.

(a) In a product liability action, the actual discharge of a firearm, a nonpowder gun, or ammunition by a person shall be the proximate cause of injury, damage, or death resulting from the use of the product, and not the inherent capability to cause injury, damage, or death of the firearm, the nonpowder gun, or ammunition.

(b) The manufacturer's, importer's, or distributor's mere placement of a firearm, a nonpowder gun, or ammunition into the stream of commerce shall not be conduct deemed sufficient to constitute the proximate cause of injury, damage, or death resulting from a person's use of the firearm, the nonpowder gun, or ammunition.

(c) Even if the accidental discharge of the firearm or nonpowder gun is found to be foreseeable, the manufacturer's, importer's, or distributor's mere placement of the firearm or nonpowder gun in the stream of commerce shall not be conduct deemed sufficient to constitute proximate cause in a product liability action concerning the accidental discharge of a firearm or nonpowder gun.

Acts 2003, No. 935, § 1.
Ark. Code Ann. § 16-20-110 — AR Code / Title 16 / Chapter 20 / Subchapter 1 / Section 16-20-110
County Clerks Continuing Education Board
Status: in_force

(a) There is created the County Clerks Continuing Education Board which shall be composed of the following seven (7) members: (1) Five (5) members of the Arkansas Association of County Clerks, designated by the Arkansas Association of County Clerks; (2) The Auditor of State or a person designated by him or her; and (3) One (1) member designated by the Association of Arkansas Counties. (b) (1) It shall be the responsibility of the board to establish a continuing education program for the county clerks of the various counties in the state. (2) The program shall be designed to better equip persons elected to serve as county clerks to carry out their official responsibilities in an effective and efficient manner. The program shall include requirements and procedures for an effective certification program for county clerks. (c) It shall also be the responsibility of the board to disburse any funds made available to it from the County Clerks Continuing Education Fund and to establish and maintain a continuing education program and a certification program for county clerks. Acts 2009, No. 480, § 2.

(a) There is created the County Clerks Continuing Education Board which shall be composed of the following seven (7) members: (1) Five (5) members of the Arkansas Association of County Clerks, designated by the Arkansas Association of County Clerks; (2) The Auditor of State or a person designated by him or her; and (3) One (1) member designated by the Association of Arkansas Counties.

(1) Five (5) members of the Arkansas Association of County Clerks, designated by the Arkansas Association of County Clerks;

(2) The Auditor of State or a person designated by him or her; and

(3) One (1) member designated by the Association of Arkansas Counties.

(b) (1) It shall be the responsibility of the board to establish a continuing education program for the county clerks of the various counties in the state. (2) The program shall be designed to better equip persons elected to serve as county clerks to carry out their official responsibilities in an effective and efficient manner. The program shall include requirements and procedures for an effective certification program for county clerks.

(1) It shall be the responsibility of the board to establish a continuing education program for the county clerks of the various counties in the state.

(2) The program shall be designed to better equip persons elected to serve as county clerks to carry out their official responsibilities in an effective and efficient manner. The program shall include requirements and procedures for an effective certification program for county clerks.

(c) It shall also be the responsibility of the board to disburse any funds made available to it from the County Clerks Continuing Education Fund and to establish and maintain a continuing education program and a certification program for county clerks.

Acts 2009, No. 480, § 2.
Ark. Code Ann. § 16-10-130 — AR Code / Title 16 / Chapter 10 / Subchapter 1 / Section 16-10-130
[Repealed]
Status: repealed

Repealed by Act 2021, No. 475,§ 2, eff. 7/28/2021. Acts 1985, No. 569, § 1; A.S.A. 1947, § 22-159. This section is codified at § 16-80-102.

Repealed by Act 2021, No. 475,§ 2, eff. 7/28/2021.

Acts 1985, No. 569, § 1; A.S.A. 1947, § 22-159.

This section is codified at § 16-80-102.
Ark. Code Ann. § 16-85-601 — AR Code / Title 16 / Chapter 85 / Subchapter 6 / Section 16-85-601
Definition
Status: in_force

As used in this code, unless the context otherwise requires, the "process on an indictment" consists of the writs for arresting or summoning the defendant to appear and answer the indictment. Crim. Code, § 139; C. & M. Dig., § 3039; Pope's Dig., § 3864; A.S.A. 1947, § 43-1101.

As used in this code, unless the context otherwise requires, the "process on an indictment" consists of the writs for arresting or summoning the defendant to appear and answer the indictment.

Crim. Code, § 139; C. & M. Dig., § 3039; Pope's Dig., § 3864; A.S.A. 1947, § 43-1101.
Ark. Code Ann. § 16-21-1703 — AR Code / Title 16 / Chapter 21 / Subchapter 17 / Section 16-21-1703
Prosecutor and deputies - Power and authority
Status: in_force

(a) A deputy prosecuting attorney who is duly appointed in any county of the Twelfth Judicial District shall have the authority to perform all official acts as deputy prosecuting attorney in all counties within the Twelfth Judicial District. (b) Deputy prosecuting attorneys in the Twelfth Judicial District shall not engage in the private practice of law. (c) (1) The Prosecuting Attorney of the Twelfth Judicial District and those deputy prosecuting attorneys and other staff members he designates shall be considered law enforcement officers for the purposes of utilizing emergency, protective, and communications equipment. (2) Provided, that the prosecuting attorney and all members of his office shall have no greater arrest powers than that accorded all citizens under the Arkansas Constitution and this Code. (d) The prosecuting attorney shall have the power to appoint deputy prosecuting attorneys and other employees at such salaries as are authorized in the grant awards from the Department of Finance and Administration Drug Law Enforcement Program, and the federal Anti-Drug Abuse Act of 1986 or other federal programs and may expend funds from any federal program that are tendered to the office for official purposes. (e) The Prosecuting Attorney of the Twelfth Judicial District, acting through the Twelfth Judicial District Drug Task Force, shall have the authority to expend funds from the Department of Finance and Administration Drug Law Enforcement Program, and the federal Anti-Drug Abuse Act of 1986 or other federal law enforcement program, which tenders funds to the office to be used for official purposes. Those funds that are designated "overtime funds" are authorized under the grant to be paid to law enforcement officers who are certified with various police agencies in the State of Arkansas. Law enforcement personnel who are employed by police agencies or sheriffs' offices, including the Department of Arkansas State Police, may receive these funds without being considered employees of the office of the Prosecuting Attorney of the Twelfth Judicial District. In addition, overtime funds paid these officers under this drug task force grant procedure are not to be construed as violating any legislative salary cap accorded these officers in the normal course of employment with their various agencies. These funds are intended to supplement funds provided to these departments as salaries to enhance the drug-fighting and violent crime-fighting capabilities of the Twelfth Judicial District Task Force and, to a larger extent, the State of Arkansas. (f) The office of the Prosecuting Attorney of the Twelfth Judicial District is authorized to receive funds from the federal government in the name of the Twelfth Judicial District Task Force both from federal grants and from asset forfeiture funds and utilize those for official purposes as described in subsection (e) of this section. (g) The prosecuting attorney's office is hereby authorized pursuant to this Code to collect fees for the hot check fund as authorized by the state legislature and to expend those funds in official uses for the benefit of the office. Acts 1993, No. 312, § 3; 1995, No. 1148, § 3.

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

(b) Deputy prosecuting attorneys in the Twelfth Judicial District shall not engage in the private practice of law.

(c) (1) The Prosecuting Attorney of the Twelfth Judicial District and those deputy prosecuting attorneys and other staff members he designates shall be considered law enforcement officers for the purposes of utilizing emergency, protective, and communications equipment. (2) Provided, that the prosecuting attorney and all members of his office shall have no greater arrest powers than that accorded all citizens under the Arkansas Constitution and this Code.

(1) The Prosecuting Attorney of the Twelfth Judicial District and those deputy prosecuting attorneys and other staff members he designates shall be considered law enforcement officers for the purposes of utilizing emergency, protective, and communications equipment.

(2) Provided, that the prosecuting attorney and all members of his office shall have no greater arrest powers than that accorded all citizens under the Arkansas Constitution and this Code.

(d) The prosecuting attorney shall have the power to appoint deputy prosecuting attorneys and other employees at such salaries as are authorized in the grant awards from the Department of Finance and Administration Drug Law Enforcement Program, and the federal Anti-Drug Abuse Act of 1986 or other federal programs and may expend funds from any federal program that are tendered to the office for official purposes.

(e) The Prosecuting Attorney of the Twelfth Judicial District, acting through the Twelfth Judicial District Drug Task Force, shall have the authority to expend funds from the Department of Finance and Administration Drug Law Enforcement Program, and the federal Anti-Drug Abuse Act of 1986 or other federal law enforcement program, which tenders funds to the office to be used for official purposes. Those funds that are designated "overtime funds" are authorized under the grant to be paid to law enforcement officers who are certified with various police agencies in the State of Arkansas. Law enforcement personnel who are employed by police agencies or sheriffs' offices, including the Department of Arkansas State Police, may receive these funds without being considered employees of the office of the Prosecuting Attorney of the Twelfth Judicial District. In addition, overtime funds paid these officers under this drug task force grant procedure are not to be construed as violating any legislative salary cap accorded these officers in the normal course of employment with their various agencies. These funds are intended to supplement funds provided to these departments as salaries to enhance the drug-fighting and violent crime-fighting capabilities of the Twelfth Judicial District Task Force and, to a larger extent, the State of Arkansas.

(f) The office of the Prosecuting Attorney of the Twelfth Judicial District is authorized to receive funds from the federal government in the name of the Twelfth Judicial District Task Force both from federal grants and from asset forfeiture funds and utilize those for official purposes as described in subsection (e) of this section.

(g) The prosecuting attorney's office is hereby authorized pursuant to this Code to collect fees for the hot check fund as authorized by the state legislature and to expend those funds in official uses for the benefit of the office.

Acts 1993, No. 312, § 3; 1995, No. 1148, § 3.
Ark. Code Ann. § 16-43-203 — AR Code / Title 16 / Chapter 43 / Subchapter 2 / Section 16-43-203
Excusing of witness when deposition given
Status: in_force

A witness shall not be compelled to attend court for oral examination where his deposition may be used unless he has failed, when duly summoned, to appear and give his deposition. Civil Code, § 608; C. & M. Dig., § 4207; Pope's Dig., § 5219; A.S.A. 1947, § 28-520.

A witness shall not be compelled to attend court for oral examination where his deposition may be used unless he has failed, when duly summoned, to appear and give his deposition.

Civil Code, § 608; C. & M. Dig., § 4207; Pope's Dig., § 5219; A.S.A. 1947, § 28-520.
Ark. Code Ann. § 16-45-102 — AR Code / Title 16 / Chapter 45 / Section 16-45-102
Officials before whom affidavits may be made
Status: in_force

(a) An affidavit may be made in this state before a judge of the court, justice of the peace, notary public, clerk of a court, or mayor of a city or incorporated town. (b) An affidavit may be made out of this state before a commissioner appointed by the Governor of this state to take depositions, or before a judge of a court, mayor of a city, notary public, or justice of the peace, whose certificate shall be proof of the time and manner of its being made. Civil Code, §§ 602, 603; Acts 1895, No. 83, § 2, p. 111; C. & M. Dig., §§ 4202, 4203; Pope's Dig., §§ 5213, 5214; A.S.A. 1947, §§ 28-204, 28-205.

(a) An affidavit may be made in this state before a judge of the court, justice of the peace, notary public, clerk of a court, or mayor of a city or incorporated town.

(b) An affidavit may be made out of this state before a commissioner appointed by the Governor of this state to take depositions, or before a judge of a court, mayor of a city, notary public, or justice of the peace, whose certificate shall be proof of the time and manner of its being made.

Civil Code, §§ 602, 603; Acts 1895, No. 83, § 2, p. 111; C. & M. Dig., §§ 4202, 4203; Pope's Dig., §§ 5213, 5214; A.S.A. 1947, §§ 28-204, 28-205.
Ark. Code Ann. § 16-123-208 — AR Code / Title 16 / Chapter 123 / Subchapter 2 / Section 16-123-208
Retaliation
Status: in_force

Two (2) or more persons shall not conspire to, or a person shall not: (1) Retaliate or discriminate against a person because the person has opposed a violation of this subchapter, or because the person has made a charge, filed a complaint, testified, assisted, or participated in an investigation, proceeding, or hearing under this subchapter; (2) Attempt, directly or indirectly, to commit an act prohibited by this subchapter; (3) Willfully interfere, obstruct, or prevent a person from complying with this subchapter or an order issued or rule promulgated under this subchapter; or (4) Discharge, threaten, coerce, intimidate, or take any other adverse action against an employee, broker, agent, or other person because he or she refused to take part in a discriminatory housing practice or because he or she has aided or encouraged any other person in the exercise or enjoyment of any right granted under the provisions of this subchapter. Acts 1995, No. 1129, § 1; 1995, No. 1327, § 1.

Two (2) or more persons shall not conspire to, or a person shall not:

(1) Retaliate or discriminate against a person because the person has opposed a violation of this subchapter, or because the person has made a charge, filed a complaint, testified, assisted, or participated in an investigation, proceeding, or hearing under this subchapter;

(2) Attempt, directly or indirectly, to commit an act prohibited by this subchapter;

(3) Willfully interfere, obstruct, or prevent a person from complying with this subchapter or an order issued or rule promulgated under this subchapter; or

(4) Discharge, threaten, coerce, intimidate, or take any other adverse action against an employee, broker, agent, or other person because he or she refused to take part in a discriminatory housing practice or because he or she has aided or encouraged any other person in the exercise or enjoyment of any right granted under the provisions of this subchapter.

Acts 1995, No. 1129, § 1; 1995, No. 1327, § 1.