Ark. Code Ann. § 16-10-309 — AR Code / Title 16 / Chapter 10 / Subchapter 3 / Section 16-10-309
Failure to submit funds or reports
Status: in_force

(a) In the event a town, city, or county fails to timely or adequately submit funds and reports required by § 16-10-306 , § 16-10-307(e) , § 16-10-308(e) , or other state law requiring a town, city, or county to submit funds and reports to the Administration of Justice Funds Section: (1) (A) (i) The Attorney General may file a civil suit in circuit court against the town, city, or county alleged to have failed to submit the funds. (ii) If the town, city, or county is found by the court to have failed to submit the funds and reports, the court shall impose a civil penalty on the town, city, or county of ten percent (10%) of the amount required to be remitted for the period of time the town, city, or county has failed to be in compliance. (iii) The action may be brought in the circuit court of the subject county or the Pulaski County Circuit Court. (iv) The Attorney General shall be allowed to recover costs and attorney's fees associated with the civil suit from the town, city, or county found to have failed to be in compliance. (B) The Chief Fiscal Officer of the State, upon a finding that the town, city, or county has failed to submit the funds and reports, may withhold from month to month an equal amount from the town's, city's, or county's share of the state turnback funds owed to the town, city, or county until the funds required to be paid have been submitted; and (2) (A) Provided that the failure to act continues for a period of sixty (60) days, the state, upon a finding by the Chief Fiscal Officer of the State, may require the town, city, or county to remit all costs, fees, or other funds, however designated under subdivision (a)(1) of this section. (B) The town, city, or county will thereafter receive its share of these funds at a time and in the manner prescribed by rules of the Chief Fiscal Officer of the State. (b) (1) All funds received under § 16-10-306 , § 16-10-307(e) , or § 16-10-308(e) shall be transferred to the State Administration of Justice Fund to be held and distributed under this subchapter. (2) All other funds received shall be transferred to the appropriate state fund as provided by law. Amended by Act 2019, No. 315,§ 1292, eff. 7/24/2019. Acts 1995, No. 1256, § 14; 2005, No. 1934, § 5; 2007, No. 133, § 1; 2009, No. 166, § 1.

(a) In the event a town, city, or county fails to timely or adequately submit funds and reports required by § 16-10-306 , § 16-10-307(e) , § 16-10-308(e) , or other state law requiring a town, city, or county to submit funds and reports to the Administration of Justice Funds Section: (1) (A) (i) The Attorney General may file a civil suit in circuit court against the town, city, or county alleged to have failed to submit the funds. (ii) If the town, city, or county is found by the court to have failed to submit the funds and reports, the court shall impose a civil penalty on the town, city, or county of ten percent (10%) of the amount required to be remitted for the period of time the town, city, or county has failed to be in compliance. (iii) The action may be brought in the circuit court of the subject county or the Pulaski County Circuit Court. (iv) The Attorney General shall be allowed to recover costs and attorney's fees associated with the civil suit from the town, city, or county found to have failed to be in compliance. (B) The Chief Fiscal Officer of the State, upon a finding that the town, city, or county has failed to submit the funds and reports, may withhold from month to month an equal amount from the town's, city's, or county's share of the state turnback funds owed to the town, city, or county until the funds required to be paid have been submitted; and (2) (A) Provided that the failure to act continues for a period of sixty (60) days, the state, upon a finding by the Chief Fiscal Officer of the State, may require the town, city, or county to remit all costs, fees, or other funds, however designated under subdivision (a)(1) of this section. (B) The town, city, or county will thereafter receive its share of these funds at a time and in the manner prescribed by rules of the Chief Fiscal Officer of the State.

(1) (A) (i) The Attorney General may file a civil suit in circuit court against the town, city, or county alleged to have failed to submit the funds. (ii) If the town, city, or county is found by the court to have failed to submit the funds and reports, the court shall impose a civil penalty on the town, city, or county of ten percent (10%) of the amount required to be remitted for the period of time the town, city, or county has failed to be in compliance. (iii) The action may be brought in the circuit court of the subject county or the Pulaski County Circuit Court. (iv) The Attorney General shall be allowed to recover costs and attorney's fees associated with the civil suit from the town, city, or county found to have failed to be in compliance. (B) The Chief Fiscal Officer of the State, upon a finding that the town, city, or county has failed to submit the funds and reports, may withhold from month to month an equal amount from the town's, city's, or county's share of the state turnback funds owed to the town, city, or county until the funds required to be paid have been submitted; and

(A) (i) The Attorney General may file a civil suit in circuit court against the town, city, or county alleged to have failed to submit the funds. (ii) If the town, city, or county is found by the court to have failed to submit the funds and reports, the court shall impose a civil penalty on the town, city, or county of ten percent (10%) of the amount required to be remitted for the period of time the town, city, or county has failed to be in compliance. (iii) The action may be brought in the circuit court of the subject county or the Pulaski County Circuit Court. (iv) The Attorney General shall be allowed to recover costs and attorney's fees associated with the civil suit from the town, city, or county found to have failed to be in compliance.

(i) The Attorney General may file a civil suit in circuit court against the town, city, or county alleged to have failed to submit the funds.

(ii) If the town, city, or county is found by the court to have failed to submit the funds and reports, the court shall impose a civil penalty on the town, city, or county of ten percent (10%) of the amount required to be remitted for the period of time the town, city, or county has failed to be in compliance.

(iii) The action may be brought in the circuit court of the subject county or the Pulaski County Circuit Court.

(iv) The Attorney General shall be allowed to recover costs and attorney's fees associated with the civil suit from the town, city, or county found to have failed to be in compliance.

(B) The Chief Fiscal Officer of the State, upon a finding that the town, city, or county has failed to submit the funds and reports, may withhold from month to month an equal amount from the town's, city's, or county's share of the state turnback funds owed to the town, city, or county until the funds required to be paid have been submitted; and

(2) (A) Provided that the failure to act continues for a period of sixty (60) days, the state, upon a finding by the Chief Fiscal Officer of the State, may require the town, city, or county to remit all costs, fees, or other funds, however designated under subdivision (a)(1) of this section. (B) The town, city, or county will thereafter receive its share of these funds at a time and in the manner prescribed by rules of the Chief Fiscal Officer of the State.

(A) Provided that the failure to act continues for a period of sixty (60) days, the state, upon a finding by the Chief Fiscal Officer of the State, may require the town, city, or county to remit all costs, fees, or other funds, however designated under subdivision (a)(1) of this section.

(B) The town, city, or county will thereafter receive its share of these funds at a time and in the manner prescribed by rules of the Chief Fiscal Officer of the State.

(b) (1) All funds received under § 16-10-306 , § 16-10-307(e) , or § 16-10-308(e) shall be transferred to the State Administration of Justice Fund to be held and distributed under this subchapter. (2) All other funds received shall be transferred to the appropriate state fund as provided by law.

(1) All funds received under § 16-10-306 , § 16-10-307(e) , or § 16-10-308(e) shall be transferred to the State Administration of Justice Fund to be held and distributed under this subchapter.

(2) All other funds received shall be transferred to the appropriate state fund as provided by law.

Amended by Act 2019, No. 315,§ 1292, eff. 7/24/2019.

Acts 1995, No. 1256, § 14; 2005, No. 1934, § 5; 2007, No. 133, § 1; 2009, No. 166, § 1.
Ark. Code Ann. § 16-89-122 — AR Code / Title 16 / Chapter 89 / Section 16-89-122
Dismissal of indictment
Status: in_force

The prosecuting attorney, with the permission of the court, may at any time before the case is finally submitted to the jury dismiss the indictment as to all or a part of the defendants and the dismissal shall not bar a future prosecution for the same offense. Crim. Code, § 242; C. & M. Dig., § 3063; Pope's Dig., § 3889; A.S.A. 1947, § 43-2127.

The prosecuting attorney, with the permission of the court, may at any time before the case is finally submitted to the jury dismiss the indictment as to all or a part of the defendants and the dismissal shall not bar a future prosecution for the same offense.

Crim. Code, § 242; C. & M. Dig., § 3063; Pope's Dig., § 3889; A.S.A. 1947, § 43-2127.
Ark. Code Ann. § 16-60-102 — AR Code / Title 16 / Chapter 60 / Subchapter 1 / Section 16-60-102
Local actions
Status: in_force

A civil action for the following causes shall be brought in the county in which the subject of the civil action, or some part of the civil action, is situated: (1) The recovery of real property, or of an estate or interest in real property; (2) The partition of real property; (3) The sale of real property under a mortgage, lien, or other encumbrance or charge; and (4) An injury to real property. Amended by Act 2015, No. 830,§ 2, eff. 7/22/2015. Civil Code, § 85; C. & M. Dig., § 1165; Pope's Dig., § 1387; A.S.A. 1947, § 27-602.

A civil action for the following causes shall be brought in the county in which the subject of the civil action, or some part of the civil action, is situated:

(1) The recovery of real property, or of an estate or interest in real property;

(2) The partition of real property;

(3) The sale of real property under a mortgage, lien, or other encumbrance or charge; and

(4) An injury to real property.

Amended by Act 2015, No. 830,§ 2, eff. 7/22/2015.

Civil Code, § 85; C. & M. Dig., § 1165; Pope's Dig., § 1387; A.S.A. 1947, § 27-602.
Ark. Code Ann. § 16-92-109 — AR Code / Title 16 / Chapter 92 / Section 16-92-109
Costs and fees - Reimbursement to counties - Definition
Status: in_force

(a) (1) As used in this section, "costs incurred by the county" means all costs incurred by the county in bringing to trial or trials any person or persons charged with a felony offense, with a crime committed in furtherance of, or in connection with, an escape from the Division of Correction, or with escape from the division. (2) Costs shall include, but shall not be limited to, salaries and expenses, except normal salaries and expenses incurred by the prosecuting attorney in investigation and prosecution, by the county sheriff in investigation and custody, and by the public defender or court-appointed attorney or attorneys in investigation and defense, as well as all other costs, including the expenses involved in the trial itself. (3) Expenses shall also include extraordinary expenses for such services as witness fees and expenses, court-appointed expert witnesses, reporter fees, costs of preparing transcripts, necessary courtroom security reasonably required to protect the court and participants, and other direct trial costs. (4) Trial shall be deemed to include all pretrial hearings and post-conviction proceedings, if any. (b) Whenever a trial is held in which a crime committed in furtherance of, or in connection with, an escape from the division is charged or whenever a trial is held for escape from the custody of the division, the county or counties responsible for the trial or trials of the person or persons charged may apply to the Secretary of the Department of Finance and Administration for reimbursement of the total costs incurred by the county or counties in each case. (c) (1) The county responsible for the costs of the felony proceedings or trial on charges of escape or in connection with escape from the division, shall prepare a statement of all costs incurred in connection with the proceedings, which shall be certified by the presiding judge of the circuit court or courts. (2) The statement of costs incurred by the county or counties shall be sent to the secretary together with the county's application for reimbursement. (d) (1) The secretary shall audit and examine all statements of costs incurred by the county received by him or her in accordance with this section and shall determine whether the costs included in the statements comply with the provisions of this section. (2) The secretary shall cause the amount of such costs as he or she determines comply with this section to be paid to the county or counties from the Trial Expense Assistance Fund, which is established by this section on the books of the Treasurer of State, the secretary, and the Auditor of State, which shall consist of moneys transferred to the Trial Expense Assistance Fund, as costs are incurred, from the Miscellaneous Revolving Fund. (e) The secretary may make disbursements from the Trial Expense Assistance Fund to pay court-awarded attorney's fees and costs to court-appointed attorneys for indigent defendants. Amended by Act 2019, No. 910,§ 878, eff. 7/1/2019. Acts 1979, No. 24, §§ 1-5; 1980 (1st Ex. Sess.), No. 39, § 1; 1985, No. 419, § 1; A.S.A. 1947, §§ 43-2408.1 -- 43-2408.5; Acts 1993, No. 793, § 1; 1993, No. 1193, § 20.

(a) (1) As used in this section, "costs incurred by the county" means all costs incurred by the county in bringing to trial or trials any person or persons charged with a felony offense, with a crime committed in furtherance of, or in connection with, an escape from the Division of Correction, or with escape from the division. (2) Costs shall include, but shall not be limited to, salaries and expenses, except normal salaries and expenses incurred by the prosecuting attorney in investigation and prosecution, by the county sheriff in investigation and custody, and by the public defender or court-appointed attorney or attorneys in investigation and defense, as well as all other costs, including the expenses involved in the trial itself. (3) Expenses shall also include extraordinary expenses for such services as witness fees and expenses, court-appointed expert witnesses, reporter fees, costs of preparing transcripts, necessary courtroom security reasonably required to protect the court and participants, and other direct trial costs. (4) Trial shall be deemed to include all pretrial hearings and post-conviction proceedings, if any.

(1) As used in this section, "costs incurred by the county" means all costs incurred by the county in bringing to trial or trials any person or persons charged with a felony offense, with a crime committed in furtherance of, or in connection with, an escape from the Division of Correction, or with escape from the division.

(2) Costs shall include, but shall not be limited to, salaries and expenses, except normal salaries and expenses incurred by the prosecuting attorney in investigation and prosecution, by the county sheriff in investigation and custody, and by the public defender or court-appointed attorney or attorneys in investigation and defense, as well as all other costs, including the expenses involved in the trial itself.

(3) Expenses shall also include extraordinary expenses for such services as witness fees and expenses, court-appointed expert witnesses, reporter fees, costs of preparing transcripts, necessary courtroom security reasonably required to protect the court and participants, and other direct trial costs.

(4) Trial shall be deemed to include all pretrial hearings and post-conviction proceedings, if any.

(b) Whenever a trial is held in which a crime committed in furtherance of, or in connection with, an escape from the division is charged or whenever a trial is held for escape from the custody of the division, the county or counties responsible for the trial or trials of the person or persons charged may apply to the Secretary of the Department of Finance and Administration for reimbursement of the total costs incurred by the county or counties in each case.

(c) (1) The county responsible for the costs of the felony proceedings or trial on charges of escape or in connection with escape from the division, shall prepare a statement of all costs incurred in connection with the proceedings, which shall be certified by the presiding judge of the circuit court or courts. (2) The statement of costs incurred by the county or counties shall be sent to the secretary together with the county's application for reimbursement.

(1) The county responsible for the costs of the felony proceedings or trial on charges of escape or in connection with escape from the division, shall prepare a statement of all costs incurred in connection with the proceedings, which shall be certified by the presiding judge of the circuit court or courts.

(2) The statement of costs incurred by the county or counties shall be sent to the secretary together with the county's application for reimbursement.

(d) (1) The secretary shall audit and examine all statements of costs incurred by the county received by him or her in accordance with this section and shall determine whether the costs included in the statements comply with the provisions of this section. (2) The secretary shall cause the amount of such costs as he or she determines comply with this section to be paid to the county or counties from the Trial Expense Assistance Fund, which is established by this section on the books of the Treasurer of State, the secretary, and the Auditor of State, which shall consist of moneys transferred to the Trial Expense Assistance Fund, as costs are incurred, from the Miscellaneous Revolving Fund.

(1) The secretary shall audit and examine all statements of costs incurred by the county received by him or her in accordance with this section and shall determine whether the costs included in the statements comply with the provisions of this section.

(2) The secretary shall cause the amount of such costs as he or she determines comply with this section to be paid to the county or counties from the Trial Expense Assistance Fund, which is established by this section on the books of the Treasurer of State, the secretary, and the Auditor of State, which shall consist of moneys transferred to the Trial Expense Assistance Fund, as costs are incurred, from the Miscellaneous Revolving Fund.

(e) The secretary may make disbursements from the Trial Expense Assistance Fund to pay court-awarded attorney's fees and costs to court-appointed attorneys for indigent defendants.

Amended by Act 2019, No. 910,§ 878, eff. 7/1/2019.

Acts 1979, No. 24, §§ 1-5; 1980 (1st Ex. Sess.), No. 39, § 1; 1985, No. 419, § 1; A.S.A. 1947, §§ 43-2408.1 -- 43-2408.5; Acts 1993, No. 793, § 1; 1993, No. 1193, § 20.
Ark. Code Ann. § 16-93-606 — AR Code / Title 16 / Chapter 93 / Subchapter 6 / Section 16-93-606
Parole eligibility - Felonies committed on or after April 1, 1983, but before January 1, 1994 - Classification of inmates - Definition
Status: in_force

(a) As used in this section, "felony" means a crime classified as Class Y felony, Class A felony, or Class B felony by the laws of this state. (b) For the purposes of § 16-93-607 , inmates shall be classified as follows: (1) A first offender is an inmate convicted of one (1) or more felonies but who has not been incarcerated in some correctional institution in the United States, whether local, state, or federal, for a crime that was a felony under the laws of the jurisdiction in which the offender was incarcerated, prior to being sentenced to a correctional institution in this state for the offense or offenses for which he or she is being classified; (2) A second offender is an inmate convicted of two (2) or more felonies and who has been once incarcerated in some correctional institution in the United States, whether local, state, or federal, for a crime that was a felony under the laws of the jurisdiction in which the offender was incarcerated, prior to being sentenced to a correctional institution in this state for the offense or offenses for which he or she is being classified; (3) A third offender is an inmate convicted of three (3) or more felonies and who has been twice incarcerated in some correctional institution in the United States, whether local, state, or federal, for a crime that was a felony under the laws of the jurisdiction in which the offender was incarcerated, prior to being sentenced to a correctional institution in this state for the offense or offenses for which he or she is being classified; and (4) A fourth offender is an inmate convicted of four (4) or more felonies and who has been incarcerated in some correctional institution in the United States, whether local, state, or federal, three (3) or more times for a crime that was a felony under the laws of the jurisdiction in which the offender was incarcerated, prior to being sentenced to a correctional institution in this state for the offense or offenses for which he or she is being classified. Acts 1983, No. 825, §§ 1, 2; A.S.A. 1947, §§ 43-2830.1, 43-2830.2; Acts 2011, No. 570, § 93.

(a) As used in this section, "felony" means a crime classified as Class Y felony, Class A felony, or Class B felony by the laws of this state.

(b) For the purposes of § 16-93-607 , inmates shall be classified as follows: (1) A first offender is an inmate convicted of one (1) or more felonies but who has not been incarcerated in some correctional institution in the United States, whether local, state, or federal, for a crime that was a felony under the laws of the jurisdiction in which the offender was incarcerated, prior to being sentenced to a correctional institution in this state for the offense or offenses for which he or she is being classified; (2) A second offender is an inmate convicted of two (2) or more felonies and who has been once incarcerated in some correctional institution in the United States, whether local, state, or federal, for a crime that was a felony under the laws of the jurisdiction in which the offender was incarcerated, prior to being sentenced to a correctional institution in this state for the offense or offenses for which he or she is being classified; (3) A third offender is an inmate convicted of three (3) or more felonies and who has been twice incarcerated in some correctional institution in the United States, whether local, state, or federal, for a crime that was a felony under the laws of the jurisdiction in which the offender was incarcerated, prior to being sentenced to a correctional institution in this state for the offense or offenses for which he or she is being classified; and (4) A fourth offender is an inmate convicted of four (4) or more felonies and who has been incarcerated in some correctional institution in the United States, whether local, state, or federal, three (3) or more times for a crime that was a felony under the laws of the jurisdiction in which the offender was incarcerated, prior to being sentenced to a correctional institution in this state for the offense or offenses for which he or she is being classified.

(1) A first offender is an inmate convicted of one (1) or more felonies but who has not been incarcerated in some correctional institution in the United States, whether local, state, or federal, for a crime that was a felony under the laws of the jurisdiction in which the offender was incarcerated, prior to being sentenced to a correctional institution in this state for the offense or offenses for which he or she is being classified;

(2) A second offender is an inmate convicted of two (2) or more felonies and who has been once incarcerated in some correctional institution in the United States, whether local, state, or federal, for a crime that was a felony under the laws of the jurisdiction in which the offender was incarcerated, prior to being sentenced to a correctional institution in this state for the offense or offenses for which he or she is being classified;

(3) A third offender is an inmate convicted of three (3) or more felonies and who has been twice incarcerated in some correctional institution in the United States, whether local, state, or federal, for a crime that was a felony under the laws of the jurisdiction in which the offender was incarcerated, prior to being sentenced to a correctional institution in this state for the offense or offenses for which he or she is being classified; and

(4) A fourth offender is an inmate convicted of four (4) or more felonies and who has been incarcerated in some correctional institution in the United States, whether local, state, or federal, three (3) or more times for a crime that was a felony under the laws of the jurisdiction in which the offender was incarcerated, prior to being sentenced to a correctional institution in this state for the offense or offenses for which he or she is being classified.

Acts 1983, No. 825, §§ 1, 2; A.S.A. 1947, §§ 43-2830.1, 43-2830.2; Acts 2011, No. 570, § 93.
Ark. Code Ann. § 16-65-202 — AR Code / Title 16 / Chapter 65 / Subchapter 2 / Section 16-65-202
Judgments against officers or securities on defaults
Status: in_force

(a) (1) Judgment shall be rendered summarily against the persons and their securities and for the defaults stated in subsections (b)-(d) of this section. (2) The motion may be made by the party aggrieved or his or her legal representatives against the person in default and his or her securities upon his or her official bond. (3) Judgment shall be rendered against such of the parties, whether principal or surety, as may have received notice of the intended motion. (b) Judgments shall be rendered for the plaintiffs in the following cases against the sheriff, coroner, or constable receiving or executing the writ: (1) For willully failing to return an execution, the amount of the judgment on which it was issued, including all the costs and ten percent (10%) thereon; (2) On demand of the plaintiff or his or her agent or attorney for willfully failing to pay over money collected upon an execution, judgment for the amount so collected, and ten percent (10%) per month damages from the time such demand was made; (3) (A) Judgment for the amount of the execution, interest, costs, and ten percent (10%) damages for willfully failing to make the money on an execution which by due diligence could have been made. (B) However, the sheriff or other officer shall have the same defenses that now exist by law with regard to property, the title to which is contested; (4) For willfully making a false return upon an execution, judgment for the amount of the execution, interest, and costs, and ten percent (10%) damages thereon; (5) For willfully failing to endorse on an execution the true date of its delivery to him or her, judgment for twenty percent (20%) on the amount of the execution, and the officer shall also be responsible for any injury or loss which may arise from the omission; (6) (A) For willfully failing to execute a summons, attachment, or other mesne process which, by due diligence, could have been executed, judgment for a sum not less than fifty dollars ($50.00) nor more than five hundred dollars ($500) to be ascertained by a jury. (B) This remedy shall not preclude the party injured from a resort to other legal means of redress; and (7) Judgment in favor of the party or officer, as the case may be, for the amount for which he or she is liable, and ten percent (10%) per month thereon from the time the money should have been paid, until paid, for willfully failing to pay on demand to the party or officer entitled to receive the same all money received by him or her in his or her official capacity, and which it is by law his or her duty to pay over, whether it is for fines, forfeitures, costs, or other indebtedness. (c) In the manner prescribed in subsection (a) of this section, judgment shall be rendered in favor of the defendant against the officers and their securities named in that subsection on the notice therein specified: (1) For willfully failing to pay over on demand any excess of money which may remain upon a sale by execution, after the satisfaction thereof, and the costs, judgment for the amount of such excess and five percent (5%) per month after demand; (2) For willfully failing to return an execution, wholly or partially satisfied, twenty-five percent (25%) on the amount paid; and (3) For willfully failing to pay over on demand money paid or collected on an execution, the whole or any part of which is enjoined in circuit court or the judgment on which the execution issued has been reversed or set aside in any manner or the execution superseded or quashed, judgment for the amount and five percent (5%) per month on the amount from the time the execution was returnable. (d) Judgment shall be rendered against the clerk and his or her sureties, in the manner prescribed in subsection (a) of this section, upon the notice prescribed and shall be rendered in favor of the plaintiff: (1) Twenty-five percent (25%) on the amount of the debt for willfully failing to issue an execution upon a forfeited delivery bond within five (5) days after the return thereof to his or her office by the proper officer; (2) Twenty-five percent (25%) on the amount of the judgment for willfully failing to issue execution upon any judgment, order, or decree in his or her office on request of the party interested, or his or her agent or attorney; and (3) (A) Judgment for a sum not less than fifty dollars ($50.00) nor more than five hundred dollars ($500), to be ascertained by a jury, for willfully failing to issue an attachment, summons, or other mesne process, which the party applying may be entitled to have issued. (B) This remedy is not to preclude the party injured from a resort to other legal means of redress. Acts 1857, §§ 1-3, p. 141; C. & M. Dig., §§ 6255-6258; Pope's Dig., §§ 8211-8214; A.S.A. 1947, §§ 29-207 -- 29-210; Acts 2003, No. 1151, § 1.

(a) (1) Judgment shall be rendered summarily against the persons and their securities and for the defaults stated in subsections (b)-(d) of this section. (2) The motion may be made by the party aggrieved or his or her legal representatives against the person in default and his or her securities upon his or her official bond. (3) Judgment shall be rendered against such of the parties, whether principal or surety, as may have received notice of the intended motion.

(1) Judgment shall be rendered summarily against the persons and their securities and for the defaults stated in subsections (b)-(d) of this section.

(2) The motion may be made by the party aggrieved or his or her legal representatives against the person in default and his or her securities upon his or her official bond.

(3) Judgment shall be rendered against such of the parties, whether principal or surety, as may have received notice of the intended motion.

(b) Judgments shall be rendered for the plaintiffs in the following cases against the sheriff, coroner, or constable receiving or executing the writ: (1) For willully failing to return an execution, the amount of the judgment on which it was issued, including all the costs and ten percent (10%) thereon; (2) On demand of the plaintiff or his or her agent or attorney for willfully failing to pay over money collected upon an execution, judgment for the amount so collected, and ten percent (10%) per month damages from the time such demand was made; (3) (A) Judgment for the amount of the execution, interest, costs, and ten percent (10%) damages for willfully failing to make the money on an execution which by due diligence could have been made. (B) However, the sheriff or other officer shall have the same defenses that now exist by law with regard to property, the title to which is contested; (4) For willfully making a false return upon an execution, judgment for the amount of the execution, interest, and costs, and ten percent (10%) damages thereon; (5) For willfully failing to endorse on an execution the true date of its delivery to him or her, judgment for twenty percent (20%) on the amount of the execution, and the officer shall also be responsible for any injury or loss which may arise from the omission; (6) (A) For willfully failing to execute a summons, attachment, or other mesne process which, by due diligence, could have been executed, judgment for a sum not less than fifty dollars ($50.00) nor more than five hundred dollars ($500) to be ascertained by a jury. (B) This remedy shall not preclude the party injured from a resort to other legal means of redress; and (7) Judgment in favor of the party or officer, as the case may be, for the amount for which he or she is liable, and ten percent (10%) per month thereon from the time the money should have been paid, until paid, for willfully failing to pay on demand to the party or officer entitled to receive the same all money received by him or her in his or her official capacity, and which it is by law his or her duty to pay over, whether it is for fines, forfeitures, costs, or other indebtedness.

(1) For willully failing to return an execution, the amount of the judgment on which it was issued, including all the costs and ten percent (10%) thereon;

(2) On demand of the plaintiff or his or her agent or attorney for willfully failing to pay over money collected upon an execution, judgment for the amount so collected, and ten percent (10%) per month damages from the time such demand was made;

(3) (A) Judgment for the amount of the execution, interest, costs, and ten percent (10%) damages for willfully failing to make the money on an execution which by due diligence could have been made. (B) However, the sheriff or other officer shall have the same defenses that now exist by law with regard to property, the title to which is contested;

(A) Judgment for the amount of the execution, interest, costs, and ten percent (10%) damages for willfully failing to make the money on an execution which by due diligence could have been made.

(B) However, the sheriff or other officer shall have the same defenses that now exist by law with regard to property, the title to which is contested;

(4) For willfully making a false return upon an execution, judgment for the amount of the execution, interest, and costs, and ten percent (10%) damages thereon;

(5) For willfully failing to endorse on an execution the true date of its delivery to him or her, judgment for twenty percent (20%) on the amount of the execution, and the officer shall also be responsible for any injury or loss which may arise from the omission;

(6) (A) For willfully failing to execute a summons, attachment, or other mesne process which, by due diligence, could have been executed, judgment for a sum not less than fifty dollars ($50.00) nor more than five hundred dollars ($500) to be ascertained by a jury. (B) This remedy shall not preclude the party injured from a resort to other legal means of redress; and

(A) For willfully failing to execute a summons, attachment, or other mesne process which, by due diligence, could have been executed, judgment for a sum not less than fifty dollars ($50.00) nor more than five hundred dollars ($500) to be ascertained by a jury.

(B) This remedy shall not preclude the party injured from a resort to other legal means of redress; and

(7) Judgment in favor of the party or officer, as the case may be, for the amount for which he or she is liable, and ten percent (10%) per month thereon from the time the money should have been paid, until paid, for willfully failing to pay on demand to the party or officer entitled to receive the same all money received by him or her in his or her official capacity, and which it is by law his or her duty to pay over, whether it is for fines, forfeitures, costs, or other indebtedness.

(c) In the manner prescribed in subsection (a) of this section, judgment shall be rendered in favor of the defendant against the officers and their securities named in that subsection on the notice therein specified: (1) For willfully failing to pay over on demand any excess of money which may remain upon a sale by execution, after the satisfaction thereof, and the costs, judgment for the amount of such excess and five percent (5%) per month after demand; (2) For willfully failing to return an execution, wholly or partially satisfied, twenty-five percent (25%) on the amount paid; and (3) For willfully failing to pay over on demand money paid or collected on an execution, the whole or any part of which is enjoined in circuit court or the judgment on which the execution issued has been reversed or set aside in any manner or the execution superseded or quashed, judgment for the amount and five percent (5%) per month on the amount from the time the execution was returnable.

(1) For willfully failing to pay over on demand any excess of money which may remain upon a sale by execution, after the satisfaction thereof, and the costs, judgment for the amount of such excess and five percent (5%) per month after demand;

(2) For willfully failing to return an execution, wholly or partially satisfied, twenty-five percent (25%) on the amount paid; and

(3) For willfully failing to pay over on demand money paid or collected on an execution, the whole or any part of which is enjoined in circuit court or the judgment on which the execution issued has been reversed or set aside in any manner or the execution superseded or quashed, judgment for the amount and five percent (5%) per month on the amount from the time the execution was returnable.

(d) Judgment shall be rendered against the clerk and his or her sureties, in the manner prescribed in subsection (a) of this section, upon the notice prescribed and shall be rendered in favor of the plaintiff: (1) Twenty-five percent (25%) on the amount of the debt for willfully failing to issue an execution upon a forfeited delivery bond within five (5) days after the return thereof to his or her office by the proper officer; (2) Twenty-five percent (25%) on the amount of the judgment for willfully failing to issue execution upon any judgment, order, or decree in his or her office on request of the party interested, or his or her agent or attorney; and (3) (A) Judgment for a sum not less than fifty dollars ($50.00) nor more than five hundred dollars ($500), to be ascertained by a jury, for willfully failing to issue an attachment, summons, or other mesne process, which the party applying may be entitled to have issued. (B) This remedy is not to preclude the party injured from a resort to other legal means of redress.

(1) Twenty-five percent (25%) on the amount of the debt for willfully failing to issue an execution upon a forfeited delivery bond within five (5) days after the return thereof to his or her office by the proper officer;

(2) Twenty-five percent (25%) on the amount of the judgment for willfully failing to issue execution upon any judgment, order, or decree in his or her office on request of the party interested, or his or her agent or attorney; and

(3) (A) Judgment for a sum not less than fifty dollars ($50.00) nor more than five hundred dollars ($500), to be ascertained by a jury, for willfully failing to issue an attachment, summons, or other mesne process, which the party applying may be entitled to have issued. (B) This remedy is not to preclude the party injured from a resort to other legal means of redress.

(A) Judgment for a sum not less than fifty dollars ($50.00) nor more than five hundred dollars ($500), to be ascertained by a jury, for willfully failing to issue an attachment, summons, or other mesne process, which the party applying may be entitled to have issued.

(B) This remedy is not to preclude the party injured from a resort to other legal means of redress.

Acts 1857, §§ 1-3, p. 141; C. & M. Dig., §§ 6255-6258; Pope's Dig., §§ 8211-8214; A.S.A. 1947, §§ 29-207 -- 29-210; Acts 2003, No. 1151, § 1.
Ark. Code Ann. § 16-10-127 — AR Code / Title 16 / Chapter 10 / Subchapter 1 / Section 16-10-127
[Repealed]
Status: repealed

Repealed by Act 2013, No. 237,§ 1, eff. 8/16/2013. Acts 1981, No. 477, §§ 1-3; A.S.A. 1947, §§ 22-151 -- 22-153; Acts 2001, No. 424, § 1.

Repealed by Act 2013, No. 237,§ 1, eff. 8/16/2013.

Acts 1981, No. 477, §§ 1-3; A.S.A. 1947, §§ 22-151 -- 22-153; Acts 2001, No. 424, § 1.
Ark. Code Ann. § 16-94-202 — AR Code / Title 16 / Chapter 94 / Subchapter 2 / Section 16-94-202
Duty of Governor
Status: in_force

Subject to the qualifications of this subchapter, and the provisions of the Constitution of the United States controlling, and acts of Congress in pursuance thereof, it is the duty of the Governor of this state to have arrested and delivered up to the executive authority of any other state of the United States any person charged in that state with treason, felony, or other crime, who has fled from justice and is found in this state. Acts 1935, No. 126, § 2; Pope's Dig., § 6082; A.S.A. 1947, § 43-3002.

Subject to the qualifications of this subchapter, and the provisions of the Constitution of the United States controlling, and acts of Congress in pursuance thereof, it is the duty of the Governor of this state to have arrested and delivered up to the executive authority of any other state of the United States any person charged in that state with treason, felony, or other crime, who has fled from justice and is found in this state.

Acts 1935, No. 126, § 2; Pope's Dig., § 6082; A.S.A. 1947, § 43-3002.
Ark. Code Ann. § 16-17-704 — AR Code / Title 16 / Chapter 17 / Subchapter 7 / Section 16-17-704
Jurisdiction - Civil Cases
Status: in_force

The district courts shall have subject matter jurisdiction as established by Supreme Court rule. Acts 1987, No. 431, § 4; 1993, No. 961, § 1; 1997, No. 746, § 1; 2003, No. 1185, §§ 163, 164.

The district courts shall have subject matter jurisdiction as established by Supreme Court rule.

Acts 1987, No. 431, § 4; 1993, No. 961, § 1; 1997, No. 746, § 1; 2003, No. 1185, §§ 163, 164.
Ark. Code Ann. § 16-21-1401 — AR Code / Title 16 / Chapter 21 / Subchapter 14 / Section 16-21-1401
Election
Status: in_force

(a) The qualified electors of Clark County and Pike County shall elect a prosecuting attorney to serve only the Ninth Judicial District-East. (b) The qualified electors of Howard County, Little River County, and Sevier County shall elect a prosecuting attorney to serve only the Ninth Judicial District-West. Acts 1977, No. 432, § 1; 1979, No. 834, § 1; A.S.A. 1947, § 22-365.

(a) The qualified electors of Clark County and Pike County shall elect a prosecuting attorney to serve only the Ninth Judicial District-East.

(b) The qualified electors of Howard County, Little River County, and Sevier County shall elect a prosecuting attorney to serve only the Ninth Judicial District-West.

Acts 1977, No. 432, § 1; 1979, No. 834, § 1; A.S.A. 1947, § 22-365.
Ark. Code Ann. § 16-22-206 — AR Code / Title 16 / Chapter 22 / Subchapter 2 / Section 16-22-206
Entitlement to practice
Status: in_force

No person shall be licensed or permitted to practice law in any of the courts of record of this state until he has been admitted to practice by the Supreme Court of this state, and every person so admitted shall be entitled to practice in all the courts of this state. Civil Code, § 760; Acts 1873, No. 88, § 1 [760], p. 213; 1917, No. 361, § 1, p. 1786; C. & M. Dig., § 598; Acts 1929, No. 32, § 1; Pope's Dig., § 638; A.S.A. 1947, § 25-103.

No person shall be licensed or permitted to practice law in any of the courts of record of this state until he has been admitted to practice by the Supreme Court of this state, and every person so admitted shall be entitled to practice in all the courts of this state.

Civil Code, § 760; Acts 1873, No. 88, § 1 [760], p. 213; 1917, No. 361, § 1, p. 1786; C. & M. Dig., § 598; Acts 1929, No. 32, § 1; Pope's Dig., § 638; A.S.A. 1947, § 25-103.
Ark. Code Ann. § 16-110-401 — AR Code / Title 16 / Chapter 110 / Subchapter 4 / Section 16-110-401
Grounds
Status: in_force

(a) (1) In all cases where any plaintiff may begin an action in any court of record, or before any justice of the peace, or may have obtained a judgment before any of the courts, and the plaintiff shall have reason to believe that any other person is indebted to the defendant or has in his or her hands or possession goods and chattels, moneys, credits, and effects belonging to the defendant, the plaintiff may sue out a writ of garnishment, setting forth the claim, demand, or judgment and commanding the officer charged with the execution thereof to summon the person therein named as garnishee, to appear at the return day of the writ and answer what goods, chattels, moneys, credits, and effects he or she may have in his or her hands or possession belonging to the defendant to satisfy the judgment, and answer such further interrogatories as may be exhibited against him or her. (2) Further, the writ of garnishment served on the garnishee shall contain one (1) of the following notices: (A) "NOTICE TO NON-EMPLOYER GARNISHEE FAILURE TO ANSWER THIS WRIT WITHIN 30 DAYS OR FAILURE OR REFUSAL TO ANSWER THE INTERROGATORIES ATTACHED HERETO SHALL RESULT IN THE COURT ENTERING A JUDGMENT AGAINST YOU AND YOU BECOMING PERSONALLY LIABLE FOR THE FULL AMOUNT SPECIFIED IN THIS WRIT TOGETHER WITH COSTS OF THIS ACTION AS PROVIDED BY ARKANSAS CODE ANNOTATED § 16-110-407 ."; or (B) "NOTICE TO EMPLOYER GARNISHEE FAILURE TO ANSWER THIS WRIT WITHIN 30 DAYS OR FAILURE OR REFUSAL TO ANSWER THE INTERROGATORIES ATTACHED HERETO SHALL RESULT IN THE COURT ENTERING A JUDGMENT AGAINST YOU AND YOU BECOMING PERSONALLY LIABLE FOR THE AMOUNT OF THE NON-EXEMPT WAGES OWED THE DEBTOR-EMPLOYEE ON THE DATE YOU WERE SERVED THIS WRIT AS PROVIDED BY ARKANSAS CODE ANNOTATED § 16-110-407 ." (3) This notice shall be in addition to the notice required to employer garnishees under § 16-110-416 . (b) However, if the garnishment is issued before the judgment, the plaintiff shall give bond in double the amount for which the garnishment is issued that he or she will pay the defendant all damages that he or she may sustain by the wrongful bringing of his or her suit or the issuing of the garnishment. Amended by Act 2013, No. 229,§ 1, eff. 8/16/2013. Acts 1889, No. 115, § 1, p. 168; 1895, No. 134, § 1, p. 196; C. & M. Dig., § 4906; Pope's Dig., § 6119; A.S.A. 1947, § 31-501; Acts 1991, No. 1027, § 3.

(a) (1) In all cases where any plaintiff may begin an action in any court of record, or before any justice of the peace, or may have obtained a judgment before any of the courts, and the plaintiff shall have reason to believe that any other person is indebted to the defendant or has in his or her hands or possession goods and chattels, moneys, credits, and effects belonging to the defendant, the plaintiff may sue out a writ of garnishment, setting forth the claim, demand, or judgment and commanding the officer charged with the execution thereof to summon the person therein named as garnishee, to appear at the return day of the writ and answer what goods, chattels, moneys, credits, and effects he or she may have in his or her hands or possession belonging to the defendant to satisfy the judgment, and answer such further interrogatories as may be exhibited against him or her. (2) Further, the writ of garnishment served on the garnishee shall contain one (1) of the following notices: (A) "NOTICE TO NON-EMPLOYER GARNISHEE FAILURE TO ANSWER THIS WRIT WITHIN 30 DAYS OR FAILURE OR REFUSAL TO ANSWER THE INTERROGATORIES ATTACHED HERETO SHALL RESULT IN THE COURT ENTERING A JUDGMENT AGAINST YOU AND YOU BECOMING PERSONALLY LIABLE FOR THE FULL AMOUNT SPECIFIED IN THIS WRIT TOGETHER WITH COSTS OF THIS ACTION AS PROVIDED BY ARKANSAS CODE ANNOTATED § 16-110-407 ."; or (B) "NOTICE TO EMPLOYER GARNISHEE FAILURE TO ANSWER THIS WRIT WITHIN 30 DAYS OR FAILURE OR REFUSAL TO ANSWER THE INTERROGATORIES ATTACHED HERETO SHALL RESULT IN THE COURT ENTERING A JUDGMENT AGAINST YOU AND YOU BECOMING PERSONALLY LIABLE FOR THE AMOUNT OF THE NON-EXEMPT WAGES OWED THE DEBTOR-EMPLOYEE ON THE DATE YOU WERE SERVED THIS WRIT AS PROVIDED BY ARKANSAS CODE ANNOTATED § 16-110-407 ." (3) This notice shall be in addition to the notice required to employer garnishees under § 16-110-416 .

(1) In all cases where any plaintiff may begin an action in any court of record, or before any justice of the peace, or may have obtained a judgment before any of the courts, and the plaintiff shall have reason to believe that any other person is indebted to the defendant or has in his or her hands or possession goods and chattels, moneys, credits, and effects belonging to the defendant, the plaintiff may sue out a writ of garnishment, setting forth the claim, demand, or judgment and commanding the officer charged with the execution thereof to summon the person therein named as garnishee, to appear at the return day of the writ and answer what goods, chattels, moneys, credits, and effects he or she may have in his or her hands or possession belonging to the defendant to satisfy the judgment, and answer such further interrogatories as may be exhibited against him or her.

(2) Further, the writ of garnishment served on the garnishee shall contain one (1) of the following notices: (A) "NOTICE TO NON-EMPLOYER GARNISHEE FAILURE TO ANSWER THIS WRIT WITHIN 30 DAYS OR FAILURE OR REFUSAL TO ANSWER THE INTERROGATORIES ATTACHED HERETO SHALL RESULT IN THE COURT ENTERING A JUDGMENT AGAINST YOU AND YOU BECOMING PERSONALLY LIABLE FOR THE FULL AMOUNT SPECIFIED IN THIS WRIT TOGETHER WITH COSTS OF THIS ACTION AS PROVIDED BY ARKANSAS CODE ANNOTATED § 16-110-407 ."; or (B) "NOTICE TO EMPLOYER GARNISHEE FAILURE TO ANSWER THIS WRIT WITHIN 30 DAYS OR FAILURE OR REFUSAL TO ANSWER THE INTERROGATORIES ATTACHED HERETO SHALL RESULT IN THE COURT ENTERING A JUDGMENT AGAINST YOU AND YOU BECOMING PERSONALLY LIABLE FOR THE AMOUNT OF THE NON-EXEMPT WAGES OWED THE DEBTOR-EMPLOYEE ON THE DATE YOU WERE SERVED THIS WRIT AS PROVIDED BY ARKANSAS CODE ANNOTATED § 16-110-407 ."

(A) "NOTICE TO NON-EMPLOYER GARNISHEE FAILURE TO ANSWER THIS WRIT WITHIN 30 DAYS OR FAILURE OR REFUSAL TO ANSWER THE INTERROGATORIES ATTACHED HERETO SHALL RESULT IN THE COURT ENTERING A JUDGMENT AGAINST YOU AND YOU BECOMING PERSONALLY LIABLE FOR THE FULL AMOUNT SPECIFIED IN THIS WRIT TOGETHER WITH COSTS OF THIS ACTION AS PROVIDED BY ARKANSAS CODE ANNOTATED § 16-110-407 ."; or

FAILURE TO ANSWER THIS WRIT WITHIN 30 DAYS OR FAILURE OR REFUSAL TO ANSWER THE INTERROGATORIES ATTACHED HERETO SHALL RESULT IN THE COURT ENTERING A JUDGMENT AGAINST YOU AND YOU BECOMING PERSONALLY LIABLE FOR THE FULL AMOUNT SPECIFIED IN THIS WRIT TOGETHER WITH COSTS OF THIS ACTION AS PROVIDED BY ARKANSAS CODE ANNOTATED § 16-110-407 ."; or

(B) "NOTICE TO EMPLOYER GARNISHEE FAILURE TO ANSWER THIS WRIT WITHIN 30 DAYS OR FAILURE OR REFUSAL TO ANSWER THE INTERROGATORIES ATTACHED HERETO SHALL RESULT IN THE COURT ENTERING A JUDGMENT AGAINST YOU AND YOU BECOMING PERSONALLY LIABLE FOR THE AMOUNT OF THE NON-EXEMPT WAGES OWED THE DEBTOR-EMPLOYEE ON THE DATE YOU WERE SERVED THIS WRIT AS PROVIDED BY ARKANSAS CODE ANNOTATED § 16-110-407 ."

FAILURE TO ANSWER THIS WRIT WITHIN 30 DAYS OR FAILURE OR REFUSAL TO ANSWER THE INTERROGATORIES ATTACHED HERETO SHALL RESULT IN THE COURT ENTERING A JUDGMENT AGAINST YOU AND YOU BECOMING PERSONALLY LIABLE FOR THE AMOUNT OF THE NON-EXEMPT WAGES OWED THE DEBTOR-EMPLOYEE ON THE DATE YOU WERE SERVED THIS WRIT AS PROVIDED BY ARKANSAS CODE ANNOTATED § 16-110-407 ."

(3) This notice shall be in addition to the notice required to employer garnishees under § 16-110-416 .

(b) However, if the garnishment is issued before the judgment, the plaintiff shall give bond in double the amount for which the garnishment is issued that he or she will pay the defendant all damages that he or she may sustain by the wrongful bringing of his or her suit or the issuing of the garnishment.

Amended by Act 2013, No. 229,§ 1, eff. 8/16/2013.

Acts 1889, No. 115, § 1, p. 168; 1895, No. 134, § 1, p. 196; C. & M. Dig., § 4906; Pope's Dig., § 6119; A.S.A. 1947, § 31-501; Acts 1991, No. 1027, § 3.
Ark. Code Ann. § 16-19-411 — AR Code / Title 16 / Chapter 19 / Subchapter 4 / Section 16-19-411
[Repealed]
Status: repealed

Repealed by Act 2021, No. 475,§ 15, eff. 7/28/2021. Acts 1927, No. 60, § 22; Pope's Dig., § 9918; A.S.A. 1947, § 22-727.

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

Acts 1927, No. 60, § 22; Pope's Dig., § 9918; A.S.A. 1947, § 22-727.
Ark. Code Ann. § 16-90-307 — AR Code / Title 16 / Chapter 90 / Subchapter 3 / Section 16-90-307
Restitution fund
Status: in_force

(a) The circuit judges of each judicial district may establish a restitution fund to be administered by the circuit judge, the prosecuting attorney, or probationary agency, whichever the circuit judge shall designate. (b) The circuit judges shall provide rules and regulations for this restitution fund and shall supervise the restitution fund. (c) (1) The circuit judges may levy additional fines against criminal defendants and place the additional fine money in the restitution fund of the judicial district. (2) The additional fines shall be in an amount not to exceed the amount of the criminal penalty fine provided by law for the offense. (3) The additional fine money shall be remitted to the restitution fund, to be deposited into a depository other than the county treasurer or State Treasury. (d) Application for restitution may be made by victims of crime by written petition to the circuit judge, and the application shall be ruled upon without hearing. (e) Nothing in this section shall be construed as prohibiting any circuit judge from requiring any specific defendant to make direct restitution to specific victims. Acts 1983, No. 807, § 1; A.S.A. 1947, § 43-2356.

(a) The circuit judges of each judicial district may establish a restitution fund to be administered by the circuit judge, the prosecuting attorney, or probationary agency, whichever the circuit judge shall designate.

(b) The circuit judges shall provide rules and regulations for this restitution fund and shall supervise the restitution fund.

(c) (1) The circuit judges may levy additional fines against criminal defendants and place the additional fine money in the restitution fund of the judicial district. (2) The additional fines shall be in an amount not to exceed the amount of the criminal penalty fine provided by law for the offense. (3) The additional fine money shall be remitted to the restitution fund, to be deposited into a depository other than the county treasurer or State Treasury.

(1) The circuit judges may levy additional fines against criminal defendants and place the additional fine money in the restitution fund of the judicial district.

(2) The additional fines shall be in an amount not to exceed the amount of the criminal penalty fine provided by law for the offense.

(3) The additional fine money shall be remitted to the restitution fund, to be deposited into a depository other than the county treasurer or State Treasury.

(d) Application for restitution may be made by victims of crime by written petition to the circuit judge, and the application shall be ruled upon without hearing.

(e) Nothing in this section shall be construed as prohibiting any circuit judge from requiring any specific defendant to make direct restitution to specific victims.

Acts 1983, No. 807, § 1; A.S.A. 1947, § 43-2356.
Ark. Code Ann. § 16-123-401 — AR Code / Title 16 / Chapter 123 / Subchapter 4 / Section 16-123-401
Title
Status: in_force

This subchapter shall be known and may be cited as the "Religious Freedom Restoration Act". Added by Act 2015, No. 975,§ 1, eff. 4/2/2015.

This subchapter shall be known and may be cited as the "Religious Freedom Restoration Act".

Added by Act 2015, No. 975,§ 1, eff. 4/2/2015.
Ark. Code Ann. § 16-120-502 — AR Code / Title 16 / Chapter 120 / Subchapter 5 / Section 16-120-502
Charitable immunity for a church or other place of worship that is used as a polling site
Status: in_force

A church or other place of worship is entitled to tort immunity as provided in §§ 16-120-503 and 16-120-504 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 is entitled to tort immunity as provided in §§ 16-120-503 and 16-120-504 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. § 16-7-102 — AR Code / Title 16 / Chapter 7 / Subchapter 1 / Section 16-7-102
Arkansas Alternative Dispute Resolution Commission established - Terms of members - Meetings - Rules - Quorum
Status: in_force

(a) (1) (A) There is hereby created the Arkansas Alternative Dispute Resolution Commission, which shall consist of seven (7) members. (B) (i) Three (3) members shall be attorneys appointed by the Chief Justice of the Supreme Court, one (1) of whom shall have been recommended to the court by the Arkansas Bar Association. (ii) One (1) member shall be appointed by the Speaker of the House of Representatives. (iii) One (1) member shall be appointed by the President Pro Tempore of the Senate. (iv) Two (2) members shall be appointed by the Governor. (2) All members shall have demonstrated prior interest or involvement in alternative dispute resolution. (3) At least one (1) commission member shall be an Arkansas resident considered to be a representative of voluntary or nonprofit alternative dispute resolution programs in the State of Arkansas. (4) Each member shall serve for six (6) years. (5) If any member dies, resigns, or is otherwise unable to serve prior to the expiration of the term, the appointing entity shall appoint a successor to serve the unexpired portion of the term. (6) The members of the commission shall elect a chair. (b) Members of the commission may receive expense reimbursement in accordance with § 25-16-902 . (c) The commission shall hold regular quarterly meetings each year on dates fixed by the commission and such special meetings as the commission determines are necessary. (d) The commission may issue rules and shall publish rules for the regulation of its proceedings. (e) A majority of the commission shall constitute a quorum. Amended by Act 2019, No. 315,§ 1287, eff. 7/24/2019. Acts 1995, No. 673, §§ 2-5; 1997, No. 250, § 115; 1997, No. 1354, § 34; 2001, No. 1288, § 13.

(a) (1) (A) There is hereby created the Arkansas Alternative Dispute Resolution Commission, which shall consist of seven (7) members. (B) (i) Three (3) members shall be attorneys appointed by the Chief Justice of the Supreme Court, one (1) of whom shall have been recommended to the court by the Arkansas Bar Association. (ii) One (1) member shall be appointed by the Speaker of the House of Representatives. (iii) One (1) member shall be appointed by the President Pro Tempore of the Senate. (iv) Two (2) members shall be appointed by the Governor. (2) All members shall have demonstrated prior interest or involvement in alternative dispute resolution. (3) At least one (1) commission member shall be an Arkansas resident considered to be a representative of voluntary or nonprofit alternative dispute resolution programs in the State of Arkansas. (4) Each member shall serve for six (6) years. (5) If any member dies, resigns, or is otherwise unable to serve prior to the expiration of the term, the appointing entity shall appoint a successor to serve the unexpired portion of the term. (6) The members of the commission shall elect a chair.

(1) (A) There is hereby created the Arkansas Alternative Dispute Resolution Commission, which shall consist of seven (7) members. (B) (i) Three (3) members shall be attorneys appointed by the Chief Justice of the Supreme Court, one (1) of whom shall have been recommended to the court by the Arkansas Bar Association. (ii) One (1) member shall be appointed by the Speaker of the House of Representatives. (iii) One (1) member shall be appointed by the President Pro Tempore of the Senate. (iv) Two (2) members shall be appointed by the Governor.

(A) There is hereby created the Arkansas Alternative Dispute Resolution Commission, which shall consist of seven (7) members.

(B) (i) Three (3) members shall be attorneys appointed by the Chief Justice of the Supreme Court, one (1) of whom shall have been recommended to the court by the Arkansas Bar Association. (ii) One (1) member shall be appointed by the Speaker of the House of Representatives. (iii) One (1) member shall be appointed by the President Pro Tempore of the Senate. (iv) Two (2) members shall be appointed by the Governor.

(i) Three (3) members shall be attorneys appointed by the Chief Justice of the Supreme Court, one (1) of whom shall have been recommended to the court by the Arkansas Bar Association.

(ii) One (1) member shall be appointed by the Speaker of the House of Representatives.

(iii) One (1) member shall be appointed by the President Pro Tempore of the Senate.

(iv) Two (2) members shall be appointed by the Governor.

(2) All members shall have demonstrated prior interest or involvement in alternative dispute resolution.

(3) At least one (1) commission member shall be an Arkansas resident considered to be a representative of voluntary or nonprofit alternative dispute resolution programs in the State of Arkansas.

(4) Each member shall serve for six (6) years.

(5) If any member dies, resigns, or is otherwise unable to serve prior to the expiration of the term, the appointing entity shall appoint a successor to serve the unexpired portion of the term.

(6) The members of the commission shall elect a chair.

(b) Members of the commission may receive expense reimbursement in accordance with § 25-16-902 .

(c) The commission shall hold regular quarterly meetings each year on dates fixed by the commission and such special meetings as the commission determines are necessary.

(d) The commission may issue rules and shall publish rules for the regulation of its proceedings.

(e) A majority of the commission shall constitute a quorum.

Amended by Act 2019, No. 315,§ 1287, eff. 7/24/2019.

Acts 1995, No. 673, §§ 2-5; 1997, No. 250, § 115; 1997, No. 1354, § 34; 2001, No. 1288, § 13.
Ark. Code Ann. § 16-114-402 — AR Code / Title 16 / Chapter 114 / Subchapter 4 / Section 16-114-402
Right of action
Status: in_force

(a) A healthcare professional who performs a gender transition procedure on a minor is liable to the minor if the minor is injured, including without limitation any physical, psychological, emotional, or physiological injury, by the gender transition procedure, related treatment, or the after effects of the gender transition procedure or related treatment. (b) (1) A minor injured as provided under subsection (a) of this section, or a representative of a minor injured as provided under subsection (a) of this section who receives a gender transition procedure, including without limitation a parent or legal guardian of a minor injured as provided under subsection (a) of this section who receives a gender transition procedure acting on behalf of the minor, may bring a civil action against the healthcare professional who performed the gender transition procedure on the minor in a court of competent jurisdiction for: (A) Declaratory or injunctive relief; (B) Compensatory damages; (C) Punitive damages; and (D) Attorney's fees and costs. (2) A civil action under subdivision (b)(1) of this section shall be filed not later than fifteen (15) years after the date on which the minor turns eighteen (18) years of age, or would have turned eighteen (18) years of age if the minor died before turning eighteen (18) years of age. Added by Act 2023, No. 274,§ 1, eff. 8/1/2023.

(a) A healthcare professional who performs a gender transition procedure on a minor is liable to the minor if the minor is injured, including without limitation any physical, psychological, emotional, or physiological injury, by the gender transition procedure, related treatment, or the after effects of the gender transition procedure or related treatment.

(b) (1) A minor injured as provided under subsection (a) of this section, or a representative of a minor injured as provided under subsection (a) of this section who receives a gender transition procedure, including without limitation a parent or legal guardian of a minor injured as provided under subsection (a) of this section who receives a gender transition procedure acting on behalf of the minor, may bring a civil action against the healthcare professional who performed the gender transition procedure on the minor in a court of competent jurisdiction for: (A) Declaratory or injunctive relief; (B) Compensatory damages; (C) Punitive damages; and (D) Attorney's fees and costs. (2) A civil action under subdivision (b)(1) of this section shall be filed not later than fifteen (15) years after the date on which the minor turns eighteen (18) years of age, or would have turned eighteen (18) years of age if the minor died before turning eighteen (18) years of age.

(1) A minor injured as provided under subsection (a) of this section, or a representative of a minor injured as provided under subsection (a) of this section who receives a gender transition procedure, including without limitation a parent or legal guardian of a minor injured as provided under subsection (a) of this section who receives a gender transition procedure acting on behalf of the minor, may bring a civil action against the healthcare professional who performed the gender transition procedure on the minor in a court of competent jurisdiction for: (A) Declaratory or injunctive relief; (B) Compensatory damages; (C) Punitive damages; and (D) Attorney's fees and costs.

(A) Declaratory or injunctive relief;

(B) Compensatory damages;

(C) Punitive damages; and

(D) Attorney's fees and costs.

(2) A civil action under subdivision (b)(1) of this section shall be filed not later than fifteen (15) years after the date on which the minor turns eighteen (18) years of age, or would have turned eighteen (18) years of age if the minor died before turning eighteen (18) years of age.

Added by Act 2023, No. 274,§ 1, eff. 8/1/2023.
Ark. Code Ann. § 16-113-406 — AR Code / Title 16 / Chapter 113 / Subchapter 4 / Section 16-113-406
Liability of sureties - Notice
Status: in_force

(a) The judgment for damages shall be rendered against the party who obtained the restraining order or injunction and against his or her sureties on the bond, and the judgment for damages shall be conclusive against them. (b) In proceedings under this subchapter, the sureties shall be considered parties in the cause. The court may, in its discretion, require reasonable notice to the sureties before finding and judgment. Civil Code, § 320; Acts 1915, No. 102, § 2; C. & M. Dig., § 5825; Pope's Dig., § 7541; A.S.A. 1947, § 32-310.

(a) The judgment for damages shall be rendered against the party who obtained the restraining order or injunction and against his or her sureties on the bond, and the judgment for damages shall be conclusive against them.

(b) In proceedings under this subchapter, the sureties shall be considered parties in the cause. The court may, in its discretion, require reasonable notice to the sureties before finding and judgment.

Civil Code, § 320; Acts 1915, No. 102, § 2; C. & M. Dig., § 5825; Pope's Dig., § 7541; A.S.A. 1947, § 32-310.
Ark. Code Ann. § 16-21-1301 — AR Code / Title 16 / Chapter 21 / Subchapter 13 / Section 16-21-1301
Contingent expense allowances
Status: in_force

(a) (1) In lieu of any other contingent expense allowance now provided by law for the Prosecuting Attorney of the Eighth Judicial District-North and the Prosecuting Attorney of the Eighth Judicial District-South, the office of the Prosecuting Attorney of the Eighth Judicial District-North and the office of the Prosecuting Attorney of the Eighth Judicial District-South shall receive contingent expense reimbursement funds as provided in this section. (2) The contingent expense reimbursement funds authorized by this section shall be used solely for the purpose of reimbursing the costs of operating the office of the Prosecuting Attorney of the Eighth Judicial District-North and the office of the Prosecuting Attorney of the Eighth Judicial District-South. (3) Reimbursements shall be based on itemized documentation, which shall be retained for audit purposes. (b) (1) (A) The respective counties within the Eighth Judicial District-North shall contribute annually to the contingent expense fund such amount as shall be approved by the quorum courts of the respective counties within the prescribed minimum and maximum amounts set forth below: Nevada County ............................................................................ Minimum $1,500 Maximum 7,500 Hempstead County ....................................................................... Minimum 2,000 Maximum 7,500 (B) The respective counties within the Eighth Judicial District-South shall contribute annually to the contingent expense fund such amount as shall be approved by the quorum courts of the respective counties within the prescribed minimum and maximum amounts set forth below: Lafayette County .......................................................................... Minimum $2,000 Maximum 7,500 Miller County ............................................................................. Minimum 2,700 Maximum 7,500 (2) The counties in the Eighth Judicial District-North and the Eighth Judicial District-South shall pay the approved allowance in equal monthly installments. Acts 1963, No. 64, § 1; 1979, No. 767, § 1; 1981, No. 954, § 1; A.S.A. 1947, § 24-114.2; Acts 1997, No. 1167, § 1; 1999, No. 1274, § 1.

(a) (1) In lieu of any other contingent expense allowance now provided by law for the Prosecuting Attorney of the Eighth Judicial District-North and the Prosecuting Attorney of the Eighth Judicial District-South, the office of the Prosecuting Attorney of the Eighth Judicial District-North and the office of the Prosecuting Attorney of the Eighth Judicial District-South shall receive contingent expense reimbursement funds as provided in this section. (2) The contingent expense reimbursement funds authorized by this section shall be used solely for the purpose of reimbursing the costs of operating the office of the Prosecuting Attorney of the Eighth Judicial District-North and the office of the Prosecuting Attorney of the Eighth Judicial District-South. (3) Reimbursements shall be based on itemized documentation, which shall be retained for audit purposes.

(1) In lieu of any other contingent expense allowance now provided by law for the Prosecuting Attorney of the Eighth Judicial District-North and the Prosecuting Attorney of the Eighth Judicial District-South, the office of the Prosecuting Attorney of the Eighth Judicial District-North and the office of the Prosecuting Attorney of the Eighth Judicial District-South shall receive contingent expense reimbursement funds as provided in this section.

(2) The contingent expense reimbursement funds authorized by this section shall be used solely for the purpose of reimbursing the costs of operating the office of the Prosecuting Attorney of the Eighth Judicial District-North and the office of the Prosecuting Attorney of the Eighth Judicial District-South.

(3) Reimbursements shall be based on itemized documentation, which shall be retained for audit purposes.

(b) (1) (A) The respective counties within the Eighth Judicial District-North shall contribute annually to the contingent expense fund such amount as shall be approved by the quorum courts of the respective counties within the prescribed minimum and maximum amounts set forth below: Nevada County ............................................................................ Minimum $1,500 Maximum 7,500 Hempstead County ....................................................................... Minimum 2,000 Maximum 7,500 (B) The respective counties within the Eighth Judicial District-South shall contribute annually to the contingent expense fund such amount as shall be approved by the quorum courts of the respective counties within the prescribed minimum and maximum amounts set forth below: Lafayette County .......................................................................... Minimum $2,000 Maximum 7,500 Miller County ............................................................................. Minimum 2,700 Maximum 7,500 (2) The counties in the Eighth Judicial District-North and the Eighth Judicial District-South shall pay the approved allowance in equal monthly installments.

(1) (A) The respective counties within the Eighth Judicial District-North shall contribute annually to the contingent expense fund such amount as shall be approved by the quorum courts of the respective counties within the prescribed minimum and maximum amounts set forth below: Nevada County ............................................................................ Minimum $1,500 Maximum 7,500 Hempstead County ....................................................................... Minimum 2,000 Maximum 7,500 (B) The respective counties within the Eighth Judicial District-South shall contribute annually to the contingent expense fund such amount as shall be approved by the quorum courts of the respective counties within the prescribed minimum and maximum amounts set forth below: Lafayette County .......................................................................... Minimum $2,000 Maximum 7,500 Miller County ............................................................................. Minimum 2,700 Maximum 7,500

(A) The respective counties within the Eighth Judicial District-North shall contribute annually to the contingent expense fund such amount as shall be approved by the quorum courts of the respective counties within the prescribed minimum and maximum amounts set forth below: Nevada County ............................................................................ Minimum $1,500 Maximum 7,500 Hempstead County ....................................................................... Minimum 2,000 Maximum 7,500

Nevada County ............................................................................ Minimum $1,500 Maximum 7,500 Hempstead County ....................................................................... Minimum 2,000 Maximum 7,500

Nevada County ............................................................................

Minimum $1,500

Maximum 7,500

Hempstead County .......................................................................

Minimum 2,000

Maximum 7,500

(B) The respective counties within the Eighth Judicial District-South shall contribute annually to the contingent expense fund such amount as shall be approved by the quorum courts of the respective counties within the prescribed minimum and maximum amounts set forth below: Lafayette County .......................................................................... Minimum $2,000 Maximum 7,500 Miller County ............................................................................. Minimum 2,700 Maximum 7,500

Lafayette County .......................................................................... Minimum $2,000 Maximum 7,500 Miller County ............................................................................. Minimum 2,700 Maximum 7,500

Lafayette County ..........................................................................

Minimum $2,000

Maximum 7,500

Miller County .............................................................................

Minimum 2,700

Maximum 7,500

(2) The counties in the Eighth Judicial District-North and the Eighth Judicial District-South shall pay the approved allowance in equal monthly installments.

Acts 1963, No. 64, § 1; 1979, No. 767, § 1; 1981, No. 954, § 1; A.S.A. 1947, § 24-114.2; Acts 1997, No. 1167, § 1; 1999, No. 1274, § 1.
Ark. Code Ann. § 16-88-112 — AR Code / Title 16 / Chapter 88 / Subchapter 1 / Section 16-88-112
Jurisdiction of counties - Mortal wound
Status: in_force

If any wound or mortal injury is inflicted on any human being in this state, who shall die thereof in another state or country, whether the state or country is within the jurisdiction of the United States or not, an indictment may be found. A trial and conviction thereon may be had in the county in which the wound or mortal injury was given or inflicted in all respects as if the death had happened in the county. Rev. Stat., ch. 45, § 96; C. & M. Dig., § 2879; Pope's Dig., § 3695; A.S.A. 1947, § 43-1419.

If any wound or mortal injury is inflicted on any human being in this state, who shall die thereof in another state or country, whether the state or country is within the jurisdiction of the United States or not, an indictment may be found. A trial and conviction thereon may be had in the county in which the wound or mortal injury was given or inflicted in all respects as if the death had happened in the county.

Rev. Stat., ch. 45, § 96; C. & M. Dig., § 2879; Pope's Dig., § 3695; A.S.A. 1947, § 43-1419.
Ark. Code Ann. § 16-90-1301 — AR Code / Title 16 / Chapter 90 / Subchapter 13 / Section 16-90-1301
Scope
Status: in_force

This subchapter shall apply to all applicable felony sentences entered on or after July 27, 2011. Acts 2011, No. 570, § 82.

This subchapter shall apply to all applicable felony sentences entered on or after July 27, 2011.

Acts 2011, No. 570, § 82.
Ark. Code Ann. § 16-93-614 — AR Code / Title 16 / Chapter 93 / Subchapter 6 / Section 16-93-614
Parole eligibility - Offenses committed after January 1, 1994 - Definition
Status: in_force

(a) As used in this section and §§ 16-93-615 - 16-93-617 , "felonies" means those crimes classified as Class Y felonies, Class A felonies, Class B felonies, Class C felonies, Class D felonies, or unclassified felonies by the laws of this state. (b) (1) A person who committed a felony before January 1, 1994, and who was convicted and incarcerated for that felony shall be eligible for release on parole under this section and §§ 16-93-615 - 16-93-617 in accordance with the parole eligibility law in effect at the time the crime was committed. (2) A person who committed a target offense under § 16-93-1201 et seq. before January 1, 1994, and who has not been sentenced to a term of incarceration may waive the right to be released under the parole eligibility law in effect at the time the crime was committed and shall become eligible for judicial or administrative transfer pursuant to the transfer provisions provided in subdivision (c)(2) of this section. (3) A person who has committed a felony who is within a target group as currently defined under § 16-93-1202(10) and who is released on parole shall be eligible, pursuant to rules established by the Post-Prison Transfer Board, for commitment to a community correction facility if he or she is found to be in violation of any of his or her parole conditions, unless the parole violation constitutes a nontarget felony offense. (c) A person who commits a felony on or after January 1, 1994, and who shall be convicted and incarcerated for that felony shall be eligible for transfer to community correction as follows: (1) (A) An inmate under sentence of death or life imprisonment without parole shall not be eligible for transfer, but may be pardoned or have his or her sentence commuted by the Governor as provided by law. (B) An inmate sentenced to life imprisonment shall not be eligible for transfer unless his or her sentence is commuted to a term of years by executive clemency. (C) Upon commutation, an inmate shall be eligible for transfer as provided in this section; (2) (A) (i) (a) An offender convicted of a target offense under § 16-93-1201 et seq. may be committed to the Division of Correction and judicially or administratively transferred to the Division of Community Correction by provision in the commitment that the trial court order or authorize such a transfer. (b) No other offender is eligible for transfer to a Division of Community Correction facility. (ii) A copy of the commitment shall be forwarded immediately to the Division of Correction and to the Division of Community Correction. (iii) In the event that an offender is sentenced to the Division of Correction without judicial or administrative transfer on one (1) sentence and concurrently sentenced to the Division of Correction with judicial or administrative transfer on another sentence, the offender shall remain in the Division of Correction, and the sentence with judicial or administrative transfer may be discharged in the same manner as that of an offender transferred back to the Division of Correction. (B) The Division of Community Correction shall take over supervision of the offender in accordance with the order of the court. (C) The Division of Community Correction shall provide for the appropriate disposition of the offender as expeditiously as practicable under rules developed by the Board of Corrections. (D) The offender shall not be transported to the Division of Correction on the initial placement in a Division of Community Correction facility pursuant to a judicial or administrative transfer. (E) An offender who is transferred back to the Division of Correction for disciplinary reasons may be considered for transfer to Division of Community Correction supervision after earning good-time credit equal to one-half (½) of the remainder of his or her sentence. (F) An offender who is sentenced after July 31, 2007, and who is transferred back to the Division of Correction for administrative reasons is eligible for transfer to Division of Community Correction supervision in the same manner as an offender who is sentenced to the Division of Correction without a judicial or administrative transfer to the Division of Community Correction; and (3) (A) Every other classified or unclassified felon who is incarcerated therefor shall be eligible for transfer to community correction after having served one-third (1/3) or one-half (½), with credit for meritorious good time, of his or her sentence depending on the seriousness determination made by the Arkansas Sentencing Commission, or one-half (½), with credit for meritorious good time, of the time to which his or her sentence is commuted by executive clemency. (B) For example, a six-year sentence with optimal meritorious good-time credits will make the offender eligible for transfer in one (1) year if he or she is required to serve one-third (1/3) of his or her sentence, or one and one-half (1½) years if he or she is required to serve one-half (½) of his or her sentence. (d) Except as provided for under § 16-93-621 , for an offense committed before, on, or after March 20, 2017, a person who was a minor at the time of committing an offense listed under subsection (c) of this section is eligible for release on parole under this section. Amended by Act 2023, No. 659,§ 187, eff. 1/1/2024. Amended by Act 2021, No. 55,§ 8, eff. 7/28/2021. Amended by Act 2021, No. 55,§ 7, eff. 7/28/2021. Amended by Act 2021, No. 55,§ 6, eff. 7/28/2021. Amended by Act 2021, No. 55,§ 5, eff. 7/28/2021. Amended by Act 2019, No. 315,§ 1310, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 1309, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 914, eff. 7/1/2019. Amended by Act 2017, No. 1029,§ 2, eff. 4/6/2017. Amended by Act 2017, No. 539,§ 11, eff. 3/20/2017. Acts 2011, No. 570, § 99.

(a) As used in this section and §§ 16-93-615 - 16-93-617 , "felonies" means those crimes classified as Class Y felonies, Class A felonies, Class B felonies, Class C felonies, Class D felonies, or unclassified felonies by the laws of this state.

(b) (1) A person who committed a felony before January 1, 1994, and who was convicted and incarcerated for that felony shall be eligible for release on parole under this section and §§ 16-93-615 - 16-93-617 in accordance with the parole eligibility law in effect at the time the crime was committed. (2) A person who committed a target offense under § 16-93-1201 et seq. before January 1, 1994, and who has not been sentenced to a term of incarceration may waive the right to be released under the parole eligibility law in effect at the time the crime was committed and shall become eligible for judicial or administrative transfer pursuant to the transfer provisions provided in subdivision (c)(2) of this section. (3) A person who has committed a felony who is within a target group as currently defined under § 16-93-1202(10) and who is released on parole shall be eligible, pursuant to rules established by the Post-Prison Transfer Board, for commitment to a community correction facility if he or she is found to be in violation of any of his or her parole conditions, unless the parole violation constitutes a nontarget felony offense.

(1) A person who committed a felony before January 1, 1994, and who was convicted and incarcerated for that felony shall be eligible for release on parole under this section and §§ 16-93-615 - 16-93-617 in accordance with the parole eligibility law in effect at the time the crime was committed.

(2) A person who committed a target offense under § 16-93-1201 et seq. before January 1, 1994, and who has not been sentenced to a term of incarceration may waive the right to be released under the parole eligibility law in effect at the time the crime was committed and shall become eligible for judicial or administrative transfer pursuant to the transfer provisions provided in subdivision (c)(2) of this section.

(3) A person who has committed a felony who is within a target group as currently defined under § 16-93-1202(10) and who is released on parole shall be eligible, pursuant to rules established by the Post-Prison Transfer Board, for commitment to a community correction facility if he or she is found to be in violation of any of his or her parole conditions, unless the parole violation constitutes a nontarget felony offense.

(c) A person who commits a felony on or after January 1, 1994, and who shall be convicted and incarcerated for that felony shall be eligible for transfer to community correction as follows: (1) (A) An inmate under sentence of death or life imprisonment without parole shall not be eligible for transfer, but may be pardoned or have his or her sentence commuted by the Governor as provided by law. (B) An inmate sentenced to life imprisonment shall not be eligible for transfer unless his or her sentence is commuted to a term of years by executive clemency. (C) Upon commutation, an inmate shall be eligible for transfer as provided in this section; (2) (A) (i) (a) An offender convicted of a target offense under § 16-93-1201 et seq. may be committed to the Division of Correction and judicially or administratively transferred to the Division of Community Correction by provision in the commitment that the trial court order or authorize such a transfer. (b) No other offender is eligible for transfer to a Division of Community Correction facility. (ii) A copy of the commitment shall be forwarded immediately to the Division of Correction and to the Division of Community Correction. (iii) In the event that an offender is sentenced to the Division of Correction without judicial or administrative transfer on one (1) sentence and concurrently sentenced to the Division of Correction with judicial or administrative transfer on another sentence, the offender shall remain in the Division of Correction, and the sentence with judicial or administrative transfer may be discharged in the same manner as that of an offender transferred back to the Division of Correction. (B) The Division of Community Correction shall take over supervision of the offender in accordance with the order of the court. (C) The Division of Community Correction shall provide for the appropriate disposition of the offender as expeditiously as practicable under rules developed by the Board of Corrections. (D) The offender shall not be transported to the Division of Correction on the initial placement in a Division of Community Correction facility pursuant to a judicial or administrative transfer. (E) An offender who is transferred back to the Division of Correction for disciplinary reasons may be considered for transfer to Division of Community Correction supervision after earning good-time credit equal to one-half (½) of the remainder of his or her sentence. (F) An offender who is sentenced after July 31, 2007, and who is transferred back to the Division of Correction for administrative reasons is eligible for transfer to Division of Community Correction supervision in the same manner as an offender who is sentenced to the Division of Correction without a judicial or administrative transfer to the Division of Community Correction; and (3) (A) Every other classified or unclassified felon who is incarcerated therefor shall be eligible for transfer to community correction after having served one-third (1/3) or one-half (½), with credit for meritorious good time, of his or her sentence depending on the seriousness determination made by the Arkansas Sentencing Commission, or one-half (½), with credit for meritorious good time, of the time to which his or her sentence is commuted by executive clemency. (B) For example, a six-year sentence with optimal meritorious good-time credits will make the offender eligible for transfer in one (1) year if he or she is required to serve one-third (1/3) of his or her sentence, or one and one-half (1½) years if he or she is required to serve one-half (½) of his or her sentence.

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

(A) An inmate under sentence of death or life imprisonment without parole shall not be eligible for transfer, but may be pardoned or have his or her sentence commuted by the Governor as provided by law.

(B) An inmate sentenced to life imprisonment shall not be eligible for transfer unless his or her sentence is commuted to a term of years by executive clemency.

(C) Upon commutation, an inmate shall be eligible for transfer as provided in this section;

(2) (A) (i) (a) An offender convicted of a target offense under § 16-93-1201 et seq. may be committed to the Division of Correction and judicially or administratively transferred to the Division of Community Correction by provision in the commitment that the trial court order or authorize such a transfer. (b) No other offender is eligible for transfer to a Division of Community Correction facility. (ii) A copy of the commitment shall be forwarded immediately to the Division of Correction and to the Division of Community Correction. (iii) In the event that an offender is sentenced to the Division of Correction without judicial or administrative transfer on one (1) sentence and concurrently sentenced to the Division of Correction with judicial or administrative transfer on another sentence, the offender shall remain in the Division of Correction, and the sentence with judicial or administrative transfer may be discharged in the same manner as that of an offender transferred back to the Division of Correction. (B) The Division of Community Correction shall take over supervision of the offender in accordance with the order of the court. (C) The Division of Community Correction shall provide for the appropriate disposition of the offender as expeditiously as practicable under rules developed by the Board of Corrections. (D) The offender shall not be transported to the Division of Correction on the initial placement in a Division of Community Correction facility pursuant to a judicial or administrative transfer. (E) An offender who is transferred back to the Division of Correction for disciplinary reasons may be considered for transfer to Division of Community Correction supervision after earning good-time credit equal to one-half (½) of the remainder of his or her sentence. (F) An offender who is sentenced after July 31, 2007, and who is transferred back to the Division of Correction for administrative reasons is eligible for transfer to Division of Community Correction supervision in the same manner as an offender who is sentenced to the Division of Correction without a judicial or administrative transfer to the Division of Community Correction; and

(A) (i) (a) An offender convicted of a target offense under § 16-93-1201 et seq. may be committed to the Division of Correction and judicially or administratively transferred to the Division of Community Correction by provision in the commitment that the trial court order or authorize such a transfer. (b) No other offender is eligible for transfer to a Division of Community Correction facility. (ii) A copy of the commitment shall be forwarded immediately to the Division of Correction and to the Division of Community Correction. (iii) In the event that an offender is sentenced to the Division of Correction without judicial or administrative transfer on one (1) sentence and concurrently sentenced to the Division of Correction with judicial or administrative transfer on another sentence, the offender shall remain in the Division of Correction, and the sentence with judicial or administrative transfer may be discharged in the same manner as that of an offender transferred back to the Division of Correction.

(i) (a) An offender convicted of a target offense under § 16-93-1201 et seq. may be committed to the Division of Correction and judicially or administratively transferred to the Division of Community Correction by provision in the commitment that the trial court order or authorize such a transfer. (b) No other offender is eligible for transfer to a Division of Community Correction facility.

(a) An offender convicted of a target offense under § 16-93-1201 et seq. may be committed to the Division of Correction and judicially or administratively transferred to the Division of Community Correction by provision in the commitment that the trial court order or authorize such a transfer.

(b) No other offender is eligible for transfer to a Division of Community Correction facility.

(ii) A copy of the commitment shall be forwarded immediately to the Division of Correction and to the Division of Community Correction.

(iii) In the event that an offender is sentenced to the Division of Correction without judicial or administrative transfer on one (1) sentence and concurrently sentenced to the Division of Correction with judicial or administrative transfer on another sentence, the offender shall remain in the Division of Correction, and the sentence with judicial or administrative transfer may be discharged in the same manner as that of an offender transferred back to the Division of Correction.

(B) The Division of Community Correction shall take over supervision of the offender in accordance with the order of the court.

(C) The Division of Community Correction shall provide for the appropriate disposition of the offender as expeditiously as practicable under rules developed by the Board of Corrections.

(D) The offender shall not be transported to the Division of Correction on the initial placement in a Division of Community Correction facility pursuant to a judicial or administrative transfer.

(E) An offender who is transferred back to the Division of Correction for disciplinary reasons may be considered for transfer to Division of Community Correction supervision after earning good-time credit equal to one-half (½) of the remainder of his or her sentence.

(F) An offender who is sentenced after July 31, 2007, and who is transferred back to the Division of Correction for administrative reasons is eligible for transfer to Division of Community Correction supervision in the same manner as an offender who is sentenced to the Division of Correction without a judicial or administrative transfer to the Division of Community Correction; and

(3) (A) Every other classified or unclassified felon who is incarcerated therefor shall be eligible for transfer to community correction after having served one-third (1/3) or one-half (½), with credit for meritorious good time, of his or her sentence depending on the seriousness determination made by the Arkansas Sentencing Commission, or one-half (½), with credit for meritorious good time, of the time to which his or her sentence is commuted by executive clemency. (B) For example, a six-year sentence with optimal meritorious good-time credits will make the offender eligible for transfer in one (1) year if he or she is required to serve one-third (1/3) of his or her sentence, or one and one-half (1½) years if he or she is required to serve one-half (½) of his or her sentence.

(A) Every other classified or unclassified felon who is incarcerated therefor shall be eligible for transfer to community correction after having served one-third (1/3) or one-half (½), with credit for meritorious good time, of his or her sentence depending on the seriousness determination made by the Arkansas Sentencing Commission, or one-half (½), with credit for meritorious good time, of the time to which his or her sentence is commuted by executive clemency.

(B) For example, a six-year sentence with optimal meritorious good-time credits will make the offender eligible for transfer in one (1) year if he or she is required to serve one-third (1/3) of his or her sentence, or one and one-half (1½) years if he or she is required to serve one-half (½) of his or her sentence.

(d) Except as provided for under § 16-93-621 , for an offense committed before, on, or after March 20, 2017, a person who was a minor at the time of committing an offense listed under subsection (c) of this section is eligible for release on parole under this section.

Amended by Act 2023, No. 659,§ 187, eff. 1/1/2024.

Amended by Act 2021, No. 55,§ 8, eff. 7/28/2021.

Amended by Act 2021, No. 55,§ 7, eff. 7/28/2021.

Amended by Act 2021, No. 55,§ 6, eff. 7/28/2021.

Amended by Act 2021, No. 55,§ 5, eff. 7/28/2021.

Amended by Act 2019, No. 315,§ 1310, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 1309, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 914, eff. 7/1/2019.

Amended by Act 2017, No. 1029,§ 2, eff. 4/6/2017.

Amended by Act 2017, No. 539,§ 11, eff. 3/20/2017.

Acts 2011, No. 570, § 99.
Ark. Code Ann. § 16-17-114 — AR Code / Title 16 / Chapter 17 / Subchapter 1 / Section 16-17-114
Restriction on receipt of fees and costs by constables in certain localities
Status: in_force

(a) This section shall apply to: (1) All cities in which there are located, or may be located, state-supported educational institutions with campus enrollments of no fewer than one thousand five hundred (1,500) students; and (2) The townships in which those cities are situated. (b) No constable nor deputy constable shall be allowed to receive, and shall not receive, any fee, costs, penalty, payment, or compensation of any kind or nature in any criminal suit, prosecution, or arrest, or in any criminal proceeding whatsoever. However, nothing in this section shall be construed to prohibit the payment to constables of the fees now provided by law in civil cases. (c) Any constable or deputy constable who violates the provisions of this section shall be guilty of a misdemeanor and upon conviction shall be subject to a fine of not less than twenty-five dollars ($25.00) nor more than one hundred dollars ($100) for each offense. Each criminal suit, prosecution, arrest, or proceeding in which a constable or deputy constable accepts payment or compensation shall constitute a separate offense. (d) In addition to the penalty provided in subsection (c) of this section, a violation of this section shall constitute malfeasance in office punishable as provided by law. Acts 1941, No. 80, §§ 1-3; A.S.A. 1947, §§ 22-716 -- 22-718; Acts 2003, No. 1185, § 108.

(a) This section shall apply to: (1) All cities in which there are located, or may be located, state-supported educational institutions with campus enrollments of no fewer than one thousand five hundred (1,500) students; and (2) The townships in which those cities are situated.

(1) All cities in which there are located, or may be located, state-supported educational institutions with campus enrollments of no fewer than one thousand five hundred (1,500) students; and

(2) The townships in which those cities are situated.

(b) No constable nor deputy constable shall be allowed to receive, and shall not receive, any fee, costs, penalty, payment, or compensation of any kind or nature in any criminal suit, prosecution, or arrest, or in any criminal proceeding whatsoever. However, nothing in this section shall be construed to prohibit the payment to constables of the fees now provided by law in civil cases.

(c) Any constable or deputy constable who violates the provisions of this section shall be guilty of a misdemeanor and upon conviction shall be subject to a fine of not less than twenty-five dollars ($25.00) nor more than one hundred dollars ($100) for each offense. Each criminal suit, prosecution, arrest, or proceeding in which a constable or deputy constable accepts payment or compensation shall constitute a separate offense.

(d) In addition to the penalty provided in subsection (c) of this section, a violation of this section shall constitute malfeasance in office punishable as provided by law.

Acts 1941, No. 80, §§ 1-3; A.S.A. 1947, §§ 22-716 -- 22-718; Acts 2003, No. 1185, § 108.
Ark. Code Ann. § 16-17-936 — AR Code / Title 16 / Chapter 17 / Subchapter 9 / Section 16-17-936
[Repealed]
Status: repealed

Repealed by Act 2017, No. 723,§ 1, eff. 8/1/2017. Amended by Act 2015, No. 1001,§ 1, eff. 7/22/2015. Acts 2007, No. 663, § 51.

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

Amended by Act 2015, No. 1001,§ 1, eff. 7/22/2015.

Acts 2007, No. 663, § 51.
Ark. Code Ann. § 16-91-107 — AR Code / Title 16 / Chapter 91 / Subchapter 1 / Section 16-91-107
Record - Transcript - Original exhibits
Status: in_force

(a) It shall not be necessary to file with either the notice of appeal or the designation of contents of record any portion of the reporter's transcript of the evidence of proceedings. (b) All exhibits in the trial of any criminal case shall be a part of the record on appeal unless specifically omitted by the appealing party. Acts 1971, No. 333, §§ 5, 6; A.S.A. 1947, §§ 43-2709, 43-2710.

(a) It shall not be necessary to file with either the notice of appeal or the designation of contents of record any portion of the reporter's transcript of the evidence of proceedings.

(b) All exhibits in the trial of any criminal case shall be a part of the record on appeal unless specifically omitted by the appealing party.

Acts 1971, No. 333, §§ 5, 6; A.S.A. 1947, §§ 43-2709, 43-2710.
Ark. Code Ann. § 16-108-105 — AR Code / Title 16 / Chapter 108 / Subchapter 1 / Section 16-108-105
Refusal of arbitrator to act
Status: in_force

If any arbitrator fails or refuses to act, the court may set aside the order of reference. Civil Code, § 494; C. & M. Dig., § 423; Pope's Dig., § 460; A.S.A. 1947, § 34-506.

If any arbitrator fails or refuses to act, the court may set aside the order of reference.

Civil Code, § 494; C. & M. Dig., § 423; Pope's Dig., § 460; A.S.A. 1947, § 34-506.
Ark. Code Ann. § 16-13-901 — AR Code / Title 16 / Chapter 13 / Subchapter 9 / Section 16-13-901
Composition
Status: in_force

The First Judicial Circuit shall be composed of the counties of Cross, Lee, Monroe, Phillips, St. Francis, and Woodruff. Acts 1977, No. 432, § 1; A.S.A. 1947, § 22-365.

The First Judicial Circuit shall be composed of the counties of Cross, Lee, Monroe, Phillips, St. Francis, and Woodruff.

Acts 1977, No. 432, § 1; A.S.A. 1947, § 22-365.
Ark. Code Ann. § 16-90-709 — AR Code / Title 16 / Chapter 90 / Subchapter 7 / Section 16-90-709
Proceedings and record - Settlement of claims
Status: in_force

(a) (1) Every party to the claim shall be afforded an opportunity to appear and be heard, to offer evidence and argument on any issues relevant to the claim, and to examine witnesses and offer evidence to reply to any matter of an evidentiary nature in the record relevant to the claim. (2) A record of the proceedings of the hearing in a contested case shall be made and shall be transcribed upon request of any party, who shall pay transcription costs unless otherwise ordered by the Crime Victims Reparations Board. (b) Without a hearing, the board may settle a claim by stipulation, agreed settlement, consent order, or default. Acts 1987, No. 817, § 9.

(a) (1) Every party to the claim shall be afforded an opportunity to appear and be heard, to offer evidence and argument on any issues relevant to the claim, and to examine witnesses and offer evidence to reply to any matter of an evidentiary nature in the record relevant to the claim. (2) A record of the proceedings of the hearing in a contested case shall be made and shall be transcribed upon request of any party, who shall pay transcription costs unless otherwise ordered by the Crime Victims Reparations Board.

(1) Every party to the claim shall be afforded an opportunity to appear and be heard, to offer evidence and argument on any issues relevant to the claim, and to examine witnesses and offer evidence to reply to any matter of an evidentiary nature in the record relevant to the claim.

(2) A record of the proceedings of the hearing in a contested case shall be made and shall be transcribed upon request of any party, who shall pay transcription costs unless otherwise ordered by the Crime Victims Reparations Board.

(b) Without a hearing, the board may settle a claim by stipulation, agreed settlement, consent order, or default.

Acts 1987, No. 817, § 9.
Ark. Code Ann. § 16-106-201 — AR Code / Title 16 / Chapter 106 / Subchapter 2 / Section 16-106-201
Definitions
Status: in_force

As used in this subchapter: (1) "Frivolous" means having no reasonable basis in law or fact, or lacking any good faith legal argument for the extension, modification, or reversal of existing law; (2) "Inmate" or "inmate in a penal institution" includes, but is not limited to, a person in the custody or under the supervision of the Division of Correction, the Division of Community Correction, or the United States Bureau of Prisons; and (3) "Malicious" means filing numerous actions, or actions brought in bad faith on de minimis issues. Amended by Act 2019, No. 910,§ 965, eff. 7/1/2019. Acts 1997, No. 371, § 2.

As used in this subchapter:

(1) "Frivolous" means having no reasonable basis in law or fact, or lacking any good faith legal argument for the extension, modification, or reversal of existing law;

(2) "Inmate" or "inmate in a penal institution" includes, but is not limited to, a person in the custody or under the supervision of the Division of Correction, the Division of Community Correction, or the United States Bureau of Prisons; and

(3) "Malicious" means filing numerous actions, or actions brought in bad faith on de minimis issues.

Amended by Act 2019, No. 910,§ 965, eff. 7/1/2019.

Acts 1997, No. 371, § 2.
Ark. Code Ann. § 16-94-103 — AR Code / Title 16 / Chapter 94 / Subchapter 1 / Section 16-94-103
Waiver of extradition warrant
Status: in_force

(a) (1) Any person arrested in this state charged with having committed any crime in another state or alleged to have escaped from confinement or broken the terms of his or her bail, probation, or parole may waive the issuance and service of the warrant provided under the Uniform Criminal Extradition Act, § 16-94-201 et seq., and all other procedures incidental to extradition proceedings, by executing or subscribing in the presence of a judge of any court of record within this state a writing which states that he or she consents to return to the demanding state. (2) Before the waiver shall be executed or subscribed to by the person, it shall be the duty of such judge to inform such person of his or her rights to await the issuance and service of a warrant of extradition and to contest extradition following issuance of the warrant of the Governor as provided for in § 16-94-207 . (3) Following waiver of extradition, the person shall be placed in custody without bail to await delivery to the agent of the demanding state. (4) The agent of the demanding state need not be present at the waiver. (b) (1) If and when the consent has been duly executed, it shall immediately be forwarded to the office of the Governor of this state and filed there. (2) The judge shall direct the officer having the person in custody to deliver forthwith the person to the duly accredited agent or agents of the demanding state, and shall deliver or cause to be delivered to the agent or agents a copy of such consent. (c) Nothing in this section shall be deemed to limit the rights of the accused person to return voluntarily and without formality to the demanding state, nor shall this waiver procedure be deemed to be an exclusive procedure or to limit the powers, rights, or duties of the officers of the demanding state or of this state. (d) Notwithstanding any other provision of law, a law enforcement agency in this state holding a person who is alleged to have broken the terms of his or her probation, parole, bail, or any other release in the demanding state shall immediately deliver the person to the duly authorized agent of the demanding state without the requirement of a Governor's warrant if all of the following apply: (1) Waiver. The person has signed a prior waiver of extradition as a term of his or her current probation, parole, bail, or other release in the demanding state; and (2) Authenticated Copy. The law enforcement agency holding the person has received an authenticated copy of the prior waiver of extradition signed by the person and photographs or fingerprints or other evidence properly identifying the person as the person who signed the waiver. Acts 1995, No. 841, § 1.

(a) (1) Any person arrested in this state charged with having committed any crime in another state or alleged to have escaped from confinement or broken the terms of his or her bail, probation, or parole may waive the issuance and service of the warrant provided under the Uniform Criminal Extradition Act, § 16-94-201 et seq., and all other procedures incidental to extradition proceedings, by executing or subscribing in the presence of a judge of any court of record within this state a writing which states that he or she consents to return to the demanding state. (2) Before the waiver shall be executed or subscribed to by the person, it shall be the duty of such judge to inform such person of his or her rights to await the issuance and service of a warrant of extradition and to contest extradition following issuance of the warrant of the Governor as provided for in § 16-94-207 . (3) Following waiver of extradition, the person shall be placed in custody without bail to await delivery to the agent of the demanding state. (4) The agent of the demanding state need not be present at the waiver.

(1) Any person arrested in this state charged with having committed any crime in another state or alleged to have escaped from confinement or broken the terms of his or her bail, probation, or parole may waive the issuance and service of the warrant provided under the Uniform Criminal Extradition Act, § 16-94-201 et seq., and all other procedures incidental to extradition proceedings, by executing or subscribing in the presence of a judge of any court of record within this state a writing which states that he or she consents to return to the demanding state.

(2) Before the waiver shall be executed or subscribed to by the person, it shall be the duty of such judge to inform such person of his or her rights to await the issuance and service of a warrant of extradition and to contest extradition following issuance of the warrant of the Governor as provided for in § 16-94-207 .

(3) Following waiver of extradition, the person shall be placed in custody without bail to await delivery to the agent of the demanding state.

(4) The agent of the demanding state need not be present at the waiver.

(b) (1) If and when the consent has been duly executed, it shall immediately be forwarded to the office of the Governor of this state and filed there. (2) The judge shall direct the officer having the person in custody to deliver forthwith the person to the duly accredited agent or agents of the demanding state, and shall deliver or cause to be delivered to the agent or agents a copy of such consent.

(1) If and when the consent has been duly executed, it shall immediately be forwarded to the office of the Governor of this state and filed there.

(2) The judge shall direct the officer having the person in custody to deliver forthwith the person to the duly accredited agent or agents of the demanding state, and shall deliver or cause to be delivered to the agent or agents a copy of such consent.

(c) Nothing in this section shall be deemed to limit the rights of the accused person to return voluntarily and without formality to the demanding state, nor shall this waiver procedure be deemed to be an exclusive procedure or to limit the powers, rights, or duties of the officers of the demanding state or of this state.

(d) Notwithstanding any other provision of law, a law enforcement agency in this state holding a person who is alleged to have broken the terms of his or her probation, parole, bail, or any other release in the demanding state shall immediately deliver the person to the duly authorized agent of the demanding state without the requirement of a Governor's warrant if all of the following apply: (1) Waiver. The person has signed a prior waiver of extradition as a term of his or her current probation, parole, bail, or other release in the demanding state; and (2) Authenticated Copy. The law enforcement agency holding the person has received an authenticated copy of the prior waiver of extradition signed by the person and photographs or fingerprints or other evidence properly identifying the person as the person who signed the waiver.

(1) Waiver. The person has signed a prior waiver of extradition as a term of his or her current probation, parole, bail, or other release in the demanding state; and

(2) Authenticated Copy. The law enforcement agency holding the person has received an authenticated copy of the prior waiver of extradition signed by the person and photographs or fingerprints or other evidence properly identifying the person as the person who signed the waiver.

Acts 1995, No. 841, § 1.
Ark. Code Ann. § 16-40-101 — AR Code / Title 16 / Chapter 40 / Section 16-40-101
Burden of proof
Status: in_force

(a) The party holding the affirmative of an issue must produce the evidence to prove it. (b) The burden of proof in the whole action lies on the party who would be defeated if no evidence were given on either side. Civil Code, §§ 578, 579; C. & M. Dig., §§ 4112, 4113; Pope's Dig., §§ 5121, 5122; A.S.A. 1947, §§ 28-101, 28-102.

(a) The party holding the affirmative of an issue must produce the evidence to prove it.

(b) The burden of proof in the whole action lies on the party who would be defeated if no evidence were given on either side.

Civil Code, §§ 578, 579; C. & M. Dig., §§ 4112, 4113; Pope's Dig., §§ 5121, 5122; A.S.A. 1947, §§ 28-101, 28-102.
Ark. Code Ann. § 16-13-707 — AR Code / Title 16 / Chapter 13 / Subchapter 7 / Section 16-13-707
Lien on property
Status: in_force

(a) When a defendant sentenced to pay a fine defaults in the payment thereof or of any installment, the fine may be collected by any means authorized for the enforcement of money judgments in civil actions. (b) A judgment that the defendant pay a fine shall constitute a lien on the real and personal property of the defendant in the same manner and to the same extent as a money judgment in a civil action. (c) A judgment entered by a district court shall not become a lien against real property unless a certified copy of the judgment, showing the name of the judgment debtor and the date and amount thereof, shall be filed in the office of the circuit clerk of the county in which the land is situated. Acts 1995, No. 1262, § 7; 2001, No. 1809, § 14; 2003, No. 1765, § 12.

(a) When a defendant sentenced to pay a fine defaults in the payment thereof or of any installment, the fine may be collected by any means authorized for the enforcement of money judgments in civil actions.

(b) A judgment that the defendant pay a fine shall constitute a lien on the real and personal property of the defendant in the same manner and to the same extent as a money judgment in a civil action.

(c) A judgment entered by a district court shall not become a lien against real property unless a certified copy of the judgment, showing the name of the judgment debtor and the date and amount thereof, shall be filed in the office of the circuit clerk of the county in which the land is situated.

Acts 1995, No. 1262, § 7; 2001, No. 1809, § 14; 2003, No. 1765, § 12.
Ark. Code Ann. § 16-114-202 — AR Code / Title 16 / Chapter 114 / Subchapter 2 / Section 16-114-202
Applicability
Status: in_force

This subchapter applies to all causes of action for medical injury accruing after April 2, 1979, and, as to such causes of action, shall supersede any inconsistent provision of law. Acts 1979, No. 709, § 9; A.S.A. 1947, § 34-2620n.

This subchapter applies to all causes of action for medical injury accruing after April 2, 1979, and, as to such causes of action, shall supersede any inconsistent provision of law.

Acts 1979, No. 709, § 9; A.S.A. 1947, § 34-2620n.
Ark. Code Ann. § 16-123-303 — AR Code / Title 16 / Chapter 123 / Subchapter 3 / Section 16-123-303
Creation - Members
Status: in_force

(a) There is created the Arkansas Fair Housing Commission. (b) (1) The Arkansas Fair Housing Commission shall consist of thirteen (13) voting members, to be selected as follows: Seven (7) appointed by the Governor subject to confirmation by the Senate, three (3) appointed by the Speaker of the House of Representatives, and three (3) appointed by the President Pro Tempore of the Senate, as set forth in this subchapter, for terms of four (4) years whose terms begin on January 1 and end on December 31 of the fourth year or when their respective successors are appointed and qualified. (2) (A) (i) One (1) member shall have been a licensed real estate broker or licensed real estate salesperson engaged in the practice of residential real estate sales for not fewer than five (5) years prior to his or her appointment. (ii) One (1) member shall have been a licensed real estate broker or licensed real estate salesperson engaged in the practice of multifamily real estate property management for no fewer than five (5) years prior to his or her appointment. (iii) One (1) member shall have been a licensed real estate broker or licensed real estate salesperson engaged in the practice of real estate for no fewer than five (5) years prior to his or her appointment. (B) The Governor shall appoint members to fill vacancies under subdivision (b)(2)(A) of this section after consulting the Arkansas Realtors Association, subject to confirmation by the Senate. (3) (A) One (1) member shall have been a licensed homebuilder engaged in the homebuilding business for not fewer than five (5) years. (B) The Governor shall appoint a member to fill a vacancy for the member to represent subdivision (b)(3)(A) of this section after consulting the Arkansas Home Builders Association and subject to confirmation by the Senate. (4) (A) One (1) member shall have been a mortgage broker employed for not fewer than five (5) years by a registered mortgage loan company or loan broker. (B) The Governor shall appoint a member to fill a vacancy for the member to represent subdivision (b)(4)(A) of this section after consulting the Mortgage Bankers Association of Arkansas and subject to confirmation by the Senate. (5) (A) One (1) member shall have been a banker engaged in the banking business for not fewer than five (5) years. (B) The Governor shall appoint a member to fill a vacancy for the member to represent subdivision (b)(5)(A) of this section after consulting Arkansas Community Bankers and the Arkansas Bankers Association and subject to confirmation by the Senate. (6) (A) (i) Seven (7) members shall represent consumers and shall not be actively engaged in or retired from the business of real estate, homebuilding, mortgage lending, or banking, including one (1) member who shall be appointed by the Governor to represent persons meeting the definition of individuals with a disability in this subchapter after consulting the Governor's Commission on People with Disabilities and subject to confirmation by the Senate. (ii) Three (3) of the members to be appointed pursuant to subdivision (b)(6)(A)(i) of this section shall be appointed by the Speaker of the House of Representatives, one (1) member who shall be a fair housing attorney or advocate with at least five (5) years of experience in advocacy for fair housing issues. (iii) Three (3) of the members to be appointed pursuant to subdivision (b)(6)(A)(i) of this section shall be appointed by the President Pro Tempore of the Senate, one (1) member of whom shall be sixty (60) years of age or older who shall represent the elderly. (B) A minimum of four (4) appointments made pursuant to subdivision (b)(6)(A)(i) of this section shall be given to persons protected under §§ 16-123-310 - 16-123-316 . (c) All members shall be full voting members of the Arkansas Fair Housing Commission. (d) (1) Members of the Arkansas Fair Housing Commission appointed by the Governor shall at all times include one (1) member from each Arkansas congressional district. (2) Appointments by the President Pro Tempore of the Senate and the Speaker of the House of Representatives shall be as follows: (A) The three (3) members appointed by the President Pro Tempore of the Senate shall be from the First Congressional District and the Second Congressional District and the three (3) members appointed by the Speaker of the House of Representatives shall be from the Third Congressional District and the Fourth Congressional District; (B) At the next time for appointments, the three (3) members appointed by the President Pro Tempore of the Senate shall be from the Third Congressional District and the Fourth Congressional District and the three (3) members appointed by the Speaker of the House of Representatives shall be from the First Congressional District and the Second Congressional District; and (C) Future appointments shall alternate between the requirements of subdivisions (d)(2)(A) and (B) of this section. (e) The Arkansas Fair Housing Commission shall elect a chair from its membership. (f) The Arkansas Fair Housing Commission shall meet at least quarterly. (g) (1) The members of the Arkansas Fair Housing Commission shall serve four-year terms, except that the initial appointees shall serve staggered terms determined by a procedure established by the Arkansas Fair Housing Commission so that six (6) serve a two-year term and seven (7) serve a four-year term. (2) No member may serve more than two (2) four-year terms. (h) Each commissioner may receive expense reimbursement and stipends in accordance with § 25-16-905 . Amended by Act 2015, No. 1100,§ 19, eff. 7/22/2015. Amended by Act 2013, No. 1359,§ 1, eff. 8/16/2013. Acts 2001, No. 1785, § 4; 2007, No. 178, § 1.

(a) There is created the Arkansas Fair Housing Commission.

(b) (1) The Arkansas Fair Housing Commission shall consist of thirteen (13) voting members, to be selected as follows: Seven (7) appointed by the Governor subject to confirmation by the Senate, three (3) appointed by the Speaker of the House of Representatives, and three (3) appointed by the President Pro Tempore of the Senate, as set forth in this subchapter, for terms of four (4) years whose terms begin on January 1 and end on December 31 of the fourth year or when their respective successors are appointed and qualified. (2) (A) (i) One (1) member shall have been a licensed real estate broker or licensed real estate salesperson engaged in the practice of residential real estate sales for not fewer than five (5) years prior to his or her appointment. (ii) One (1) member shall have been a licensed real estate broker or licensed real estate salesperson engaged in the practice of multifamily real estate property management for no fewer than five (5) years prior to his or her appointment. (iii) One (1) member shall have been a licensed real estate broker or licensed real estate salesperson engaged in the practice of real estate for no fewer than five (5) years prior to his or her appointment. (B) The Governor shall appoint members to fill vacancies under subdivision (b)(2)(A) of this section after consulting the Arkansas Realtors Association, subject to confirmation by the Senate. (3) (A) One (1) member shall have been a licensed homebuilder engaged in the homebuilding business for not fewer than five (5) years. (B) The Governor shall appoint a member to fill a vacancy for the member to represent subdivision (b)(3)(A) of this section after consulting the Arkansas Home Builders Association and subject to confirmation by the Senate. (4) (A) One (1) member shall have been a mortgage broker employed for not fewer than five (5) years by a registered mortgage loan company or loan broker. (B) The Governor shall appoint a member to fill a vacancy for the member to represent subdivision (b)(4)(A) of this section after consulting the Mortgage Bankers Association of Arkansas and subject to confirmation by the Senate. (5) (A) One (1) member shall have been a banker engaged in the banking business for not fewer than five (5) years. (B) The Governor shall appoint a member to fill a vacancy for the member to represent subdivision (b)(5)(A) of this section after consulting Arkansas Community Bankers and the Arkansas Bankers Association and subject to confirmation by the Senate. (6) (A) (i) Seven (7) members shall represent consumers and shall not be actively engaged in or retired from the business of real estate, homebuilding, mortgage lending, or banking, including one (1) member who shall be appointed by the Governor to represent persons meeting the definition of individuals with a disability in this subchapter after consulting the Governor's Commission on People with Disabilities and subject to confirmation by the Senate. (ii) Three (3) of the members to be appointed pursuant to subdivision (b)(6)(A)(i) of this section shall be appointed by the Speaker of the House of Representatives, one (1) member who shall be a fair housing attorney or advocate with at least five (5) years of experience in advocacy for fair housing issues. (iii) Three (3) of the members to be appointed pursuant to subdivision (b)(6)(A)(i) of this section shall be appointed by the President Pro Tempore of the Senate, one (1) member of whom shall be sixty (60) years of age or older who shall represent the elderly. (B) A minimum of four (4) appointments made pursuant to subdivision (b)(6)(A)(i) of this section shall be given to persons protected under §§ 16-123-310 - 16-123-316 .

(1) The Arkansas Fair Housing Commission shall consist of thirteen (13) voting members, to be selected as follows: Seven (7) appointed by the Governor subject to confirmation by the Senate, three (3) appointed by the Speaker of the House of Representatives, and three (3) appointed by the President Pro Tempore of the Senate, as set forth in this subchapter, for terms of four (4) years whose terms begin on January 1 and end on December 31 of the fourth year or when their respective successors are appointed and qualified.

(2) (A) (i) One (1) member shall have been a licensed real estate broker or licensed real estate salesperson engaged in the practice of residential real estate sales for not fewer than five (5) years prior to his or her appointment. (ii) One (1) member shall have been a licensed real estate broker or licensed real estate salesperson engaged in the practice of multifamily real estate property management for no fewer than five (5) years prior to his or her appointment. (iii) One (1) member shall have been a licensed real estate broker or licensed real estate salesperson engaged in the practice of real estate for no fewer than five (5) years prior to his or her appointment. (B) The Governor shall appoint members to fill vacancies under subdivision (b)(2)(A) of this section after consulting the Arkansas Realtors Association, subject to confirmation by the Senate.

(A) (i) One (1) member shall have been a licensed real estate broker or licensed real estate salesperson engaged in the practice of residential real estate sales for not fewer than five (5) years prior to his or her appointment. (ii) One (1) member shall have been a licensed real estate broker or licensed real estate salesperson engaged in the practice of multifamily real estate property management for no fewer than five (5) years prior to his or her appointment. (iii) One (1) member shall have been a licensed real estate broker or licensed real estate salesperson engaged in the practice of real estate for no fewer than five (5) years prior to his or her appointment.

(i) One (1) member shall have been a licensed real estate broker or licensed real estate salesperson engaged in the practice of residential real estate sales for not fewer than five (5) years prior to his or her appointment.

(ii) One (1) member shall have been a licensed real estate broker or licensed real estate salesperson engaged in the practice of multifamily real estate property management for no fewer than five (5) years prior to his or her appointment.

(iii) One (1) member shall have been a licensed real estate broker or licensed real estate salesperson engaged in the practice of real estate for no fewer than five (5) years prior to his or her appointment.

(B) The Governor shall appoint members to fill vacancies under subdivision (b)(2)(A) of this section after consulting the Arkansas Realtors Association, subject to confirmation by the Senate.

(3) (A) One (1) member shall have been a licensed homebuilder engaged in the homebuilding business for not fewer than five (5) years. (B) The Governor shall appoint a member to fill a vacancy for the member to represent subdivision (b)(3)(A) of this section after consulting the Arkansas Home Builders Association and subject to confirmation by the Senate.

(A) One (1) member shall have been a licensed homebuilder engaged in the homebuilding business for not fewer than five (5) years.

(B) The Governor shall appoint a member to fill a vacancy for the member to represent subdivision (b)(3)(A) of this section after consulting the Arkansas Home Builders Association and subject to confirmation by the Senate.

(4) (A) One (1) member shall have been a mortgage broker employed for not fewer than five (5) years by a registered mortgage loan company or loan broker. (B) The Governor shall appoint a member to fill a vacancy for the member to represent subdivision (b)(4)(A) of this section after consulting the Mortgage Bankers Association of Arkansas and subject to confirmation by the Senate.

(A) One (1) member shall have been a mortgage broker employed for not fewer than five (5) years by a registered mortgage loan company or loan broker.

(B) The Governor shall appoint a member to fill a vacancy for the member to represent subdivision (b)(4)(A) of this section after consulting the Mortgage Bankers Association of Arkansas and subject to confirmation by the Senate.

(5) (A) One (1) member shall have been a banker engaged in the banking business for not fewer than five (5) years. (B) The Governor shall appoint a member to fill a vacancy for the member to represent subdivision (b)(5)(A) of this section after consulting Arkansas Community Bankers and the Arkansas Bankers Association and subject to confirmation by the Senate.

(A) One (1) member shall have been a banker engaged in the banking business for not fewer than five (5) years.

(B) The Governor shall appoint a member to fill a vacancy for the member to represent subdivision (b)(5)(A) of this section after consulting Arkansas Community Bankers and the Arkansas Bankers Association and subject to confirmation by the Senate.

(6) (A) (i) Seven (7) members shall represent consumers and shall not be actively engaged in or retired from the business of real estate, homebuilding, mortgage lending, or banking, including one (1) member who shall be appointed by the Governor to represent persons meeting the definition of individuals with a disability in this subchapter after consulting the Governor's Commission on People with Disabilities and subject to confirmation by the Senate. (ii) Three (3) of the members to be appointed pursuant to subdivision (b)(6)(A)(i) of this section shall be appointed by the Speaker of the House of Representatives, one (1) member who shall be a fair housing attorney or advocate with at least five (5) years of experience in advocacy for fair housing issues. (iii) Three (3) of the members to be appointed pursuant to subdivision (b)(6)(A)(i) of this section shall be appointed by the President Pro Tempore of the Senate, one (1) member of whom shall be sixty (60) years of age or older who shall represent the elderly. (B) A minimum of four (4) appointments made pursuant to subdivision (b)(6)(A)(i) of this section shall be given to persons protected under §§ 16-123-310 - 16-123-316 .

(A) (i) Seven (7) members shall represent consumers and shall not be actively engaged in or retired from the business of real estate, homebuilding, mortgage lending, or banking, including one (1) member who shall be appointed by the Governor to represent persons meeting the definition of individuals with a disability in this subchapter after consulting the Governor's Commission on People with Disabilities and subject to confirmation by the Senate. (ii) Three (3) of the members to be appointed pursuant to subdivision (b)(6)(A)(i) of this section shall be appointed by the Speaker of the House of Representatives, one (1) member who shall be a fair housing attorney or advocate with at least five (5) years of experience in advocacy for fair housing issues. (iii) Three (3) of the members to be appointed pursuant to subdivision (b)(6)(A)(i) of this section shall be appointed by the President Pro Tempore of the Senate, one (1) member of whom shall be sixty (60) years of age or older who shall represent the elderly.

(i) Seven (7) members shall represent consumers and shall not be actively engaged in or retired from the business of real estate, homebuilding, mortgage lending, or banking, including one (1) member who shall be appointed by the Governor to represent persons meeting the definition of individuals with a disability in this subchapter after consulting the Governor's Commission on People with Disabilities and subject to confirmation by the Senate.

(ii) Three (3) of the members to be appointed pursuant to subdivision (b)(6)(A)(i) of this section shall be appointed by the Speaker of the House of Representatives, one (1) member who shall be a fair housing attorney or advocate with at least five (5) years of experience in advocacy for fair housing issues.

(iii) Three (3) of the members to be appointed pursuant to subdivision (b)(6)(A)(i) of this section shall be appointed by the President Pro Tempore of the Senate, one (1) member of whom shall be sixty (60) years of age or older who shall represent the elderly.

(B) A minimum of four (4) appointments made pursuant to subdivision (b)(6)(A)(i) of this section shall be given to persons protected under §§ 16-123-310 - 16-123-316 .

(c) All members shall be full voting members of the Arkansas Fair Housing Commission.

(d) (1) Members of the Arkansas Fair Housing Commission appointed by the Governor shall at all times include one (1) member from each Arkansas congressional district. (2) Appointments by the President Pro Tempore of the Senate and the Speaker of the House of Representatives shall be as follows: (A) The three (3) members appointed by the President Pro Tempore of the Senate shall be from the First Congressional District and the Second Congressional District and the three (3) members appointed by the Speaker of the House of Representatives shall be from the Third Congressional District and the Fourth Congressional District; (B) At the next time for appointments, the three (3) members appointed by the President Pro Tempore of the Senate shall be from the Third Congressional District and the Fourth Congressional District and the three (3) members appointed by the Speaker of the House of Representatives shall be from the First Congressional District and the Second Congressional District; and (C) Future appointments shall alternate between the requirements of subdivisions (d)(2)(A) and (B) of this section.

(1) Members of the Arkansas Fair Housing Commission appointed by the Governor shall at all times include one (1) member from each Arkansas congressional district.

(2) Appointments by the President Pro Tempore of the Senate and the Speaker of the House of Representatives shall be as follows: (A) The three (3) members appointed by the President Pro Tempore of the Senate shall be from the First Congressional District and the Second Congressional District and the three (3) members appointed by the Speaker of the House of Representatives shall be from the Third Congressional District and the Fourth Congressional District; (B) At the next time for appointments, the three (3) members appointed by the President Pro Tempore of the Senate shall be from the Third Congressional District and the Fourth Congressional District and the three (3) members appointed by the Speaker of the House of Representatives shall be from the First Congressional District and the Second Congressional District; and (C) Future appointments shall alternate between the requirements of subdivisions (d)(2)(A) and (B) of this section.

(A) The three (3) members appointed by the President Pro Tempore of the Senate shall be from the First Congressional District and the Second Congressional District and the three (3) members appointed by the Speaker of the House of Representatives shall be from the Third Congressional District and the Fourth Congressional District;

(B) At the next time for appointments, the three (3) members appointed by the President Pro Tempore of the Senate shall be from the Third Congressional District and the Fourth Congressional District and the three (3) members appointed by the Speaker of the House of Representatives shall be from the First Congressional District and the Second Congressional District; and

(C) Future appointments shall alternate between the requirements of subdivisions (d)(2)(A) and (B) of this section.

(e) The Arkansas Fair Housing Commission shall elect a chair from its membership.

(f) The Arkansas Fair Housing Commission shall meet at least quarterly.

(g) (1) The members of the Arkansas Fair Housing Commission shall serve four-year terms, except that the initial appointees shall serve staggered terms determined by a procedure established by the Arkansas Fair Housing Commission so that six (6) serve a two-year term and seven (7) serve a four-year term. (2) No member may serve more than two (2) four-year terms.

(1) The members of the Arkansas Fair Housing Commission shall serve four-year terms, except that the initial appointees shall serve staggered terms determined by a procedure established by the Arkansas Fair Housing Commission so that six (6) serve a two-year term and seven (7) serve a four-year term.

(2) No member may serve more than two (2) four-year terms.

(h) Each commissioner may receive expense reimbursement and stipends in accordance with § 25-16-905 .

Amended by Act 2015, No. 1100,§ 19, eff. 7/22/2015.

Amended by Act 2013, No. 1359,§ 1, eff. 8/16/2013.

Acts 2001, No. 1785, § 4; 2007, No. 178, § 1.
Ark. Code Ann. § 16-96-113 — AR Code / Title 16 / Chapter 96 / Subchapter 1 / Section 16-96-113
[Repealed]
Status: repealed

Repealed by Act 2023, No. 177,§ 14, eff. 8/1/2023. Crim. Code, § 309; C. & M. Dig., § 3290; Pope's Dig., § 4138; A.S.A. 1947, § 44-113.

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

Crim. Code, § 309; C. & M. Dig., § 3290; Pope's Dig., § 4138; A.S.A. 1947, § 44-113.
Ark. Code Ann. § 16-68-306 — AR Code / Title 16 / Chapter 68 / Subchapter 3 / Section 16-68-306
Liability of attorney when bond not given
Status: in_force

When process is issued in an action by the direction of an attorney for a plaintiff who is required by § 16-68-301 to give security for costs, but who has failed to do so, the attorney shall be liable as surety for the costs of the action until a bond is given. The attorney's liability may be enforced by orders of court and by proceedings as for contempt if they are not obeyed. Civil Code, § 703; C. & M. Dig., § 1849; Pope's Dig., § 2368; A.S.A. 1947, § 27-2304.

When process is issued in an action by the direction of an attorney for a plaintiff who is required by § 16-68-301 to give security for costs, but who has failed to do so, the attorney shall be liable as surety for the costs of the action until a bond is given. The attorney's liability may be enforced by orders of court and by proceedings as for contempt if they are not obeyed.

Civil Code, § 703; C. & M. Dig., § 1849; Pope's Dig., § 2368; A.S.A. 1947, § 27-2304.
Ark. Code Ann. § 16-117-302 — AR Code / Title 16 / Chapter 117 / Subchapter 3 / Section 16-117-302
Delivery of property - Selection of exempt property
Status: in_force

(a) When the receiver has been qualified, the debtor shall turn over to the receiver all of his or her property. For the real estate he or she shall execute, acknowledge, and deliver to the receiver a proper deed of conveyance. (b) The debtor shall be allowed by the court to select and reserve whatever property may be allowed to him or her by law as exempt from execution. Acts 1897 (Ex. Sess.), No. 48, § 1, p. 115; C. & M. Dig., § 5885; Pope's Dig., § 7607; A.S.A. 1947, § 36-201.

(a) When the receiver has been qualified, the debtor shall turn over to the receiver all of his or her property. For the real estate he or she shall execute, acknowledge, and deliver to the receiver a proper deed of conveyance.

(b) The debtor shall be allowed by the court to select and reserve whatever property may be allowed to him or her by law as exempt from execution.

Acts 1897 (Ex. Sess.), No. 48, § 1, p. 115; C. & M. Dig., § 5885; Pope's Dig., § 7607; A.S.A. 1947, § 36-201.
Ark. Code Ann. § 16-68-506 — AR Code / Title 16 / Chapter 68 / Subchapter 5 / Section 16-68-506
Pro rata division of fees when entire costs not collected
Status: in_force

In case the clerk, or, if the costs in any action are collected on execution by the sheriff, then the sheriff, is unable to collect the entire amount of costs due, the clerk or sheriff shall not first retain from the amount the fees due himself or herself, but shall account for and pay the costs collected pro rata to all officers and persons entitled to any portion of the costs so collected. Civil Code, § 775; Acts 1871, No. 48, § 1[775], p. 219; C. & M. Dig., § 4627; Pope's Dig., § 5716; A.S.A. 1947, § 27-2332.

In case the clerk, or, if the costs in any action are collected on execution by the sheriff, then the sheriff, is unable to collect the entire amount of costs due, the clerk or sheriff shall not first retain from the amount the fees due himself or herself, but shall account for and pay the costs collected pro rata to all officers and persons entitled to any portion of the costs so collected.

Civil Code, § 775; Acts 1871, No. 48, § 1[775], p. 219; C. & M. Dig., § 4627; Pope's Dig., § 5716; A.S.A. 1947, § 27-2332.
Ark. Code Ann. § 16-21-125 — AR Code / Title 16 / Chapter 21 / Subchapter 1 / Section 16-21-125
The Fifth Judicial District
Status: in_force

The Fifth Judicial District shall be a Division A Judicial District. Acts 1993, No. 1306, § 1; 1995, No. 118, § 1.

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

Acts 1993, No. 1306, § 1; 1995, No. 118, § 1.
Ark. Code Ann. § 16-93-309 — AR Code / Title 16 / Chapter 93 / Subchapter 3 / Section 16-93-309
Probation generally - Revocation hearing - Sentence alternatives - Sanctions
Status: in_force

(a) Following a revocation hearing held under § 16-93-307 and in which a defendant on probation or who is serving a suspended imposition of sentence has been found guilty or has entered a plea of guilty or nolo contendere, the court may: (1) Continue the period of suspension of sentence or continue the period of probation; (2) Lengthen the period of suspension of sentence or the period of probation within the limits set by § 5-4-306 ; (3) Increase the fine within the limits set by § 5-4-201 ; (4) (A) Impose a period of confinement to be served during the period of suspension of sentence or period of probation. (B) (i) A period of confinement ordered under subdivision (a)(4)(A) of this section resulting from a technical conditions violation or serious conditions violation of probation shall be for the following periods, subject to subsection (b) of this section and § 16-93-308(i)(2)(A) , before the defendant on probation is released and returned to probation: (a) Up to ninety (90) days' confinement for a technical conditions violation; and (b) Exactly one hundred eighty (180) days' confinement for a serious conditions violation. (ii) Any time in custody for which the defendant is held before a period of confinement is ordered by the court under subdivision (a)(4)(A) of this section shall not be credited to the overall period of confinement ordered under this subdivision (a)(4) or toward the maximum number of periods of confinement or the maximum number of days authorized under § 16-93-306(d)(3)(E) . (C) The periods of confinement under subdivision (a)(4)(B) of this section are not available to a person serving a suspended imposition of sentence; or (5) Impose any conditions that could have been imposed upon conviction of the original offense. (b) (1) A period of confinement under subdivision (a)(4) of this section may be reduced by the Division of Correction or the Division of Community Correction for good behavior and successful program completion. (2) A period of confinement shall not be reduced under subdivision (a)(4) of this section for more than fifty percent (50%) of the total time of confinement ordered to be served. (3) A period of confinement under subdivision (a)(4) of this section shall not be reduced by any time served by the defendant while he or she awaits a court hearing to challenge the imposition of the sanction. (c) (1) If a defendant is in custody awaiting a hearing under this section for a technical conditions violation or a serious conditions violation, the hearing shall be conducted as soon as practicable but no later than thirty (30) business days from the date the defendant was taken into custody. (2) If a defendant on probation is in custody in a county jail awaiting a hearing to challenge the imposition of a sanction under subdivision (a)(4) of this section, the state shall reimburse the county for the costs of incarceration at the prevailing rate of reimbursement. (d) Following a revocation hearing in which a defendant is ordered to continue on a period of suspension of sentence or a period of probation, upon finding the defendant guilty at a subsequent revocation hearing, the court may: (1) Revoke the suspension of sentence or period of probation; and (2) Sentence the defendant to incarceration in the Division of Correction. (e) If the suspension of sentence or probation of a defendant is subsequently revoked and the defendant is sentenced to a term of imprisonment, any period of time actually spent in confinement due to the original revocation shall be credited against the subsequent sentence. (f) The location of the appropriate confining facility in which a defendant serves a period of confinement for a technical conditions violation or a serious conditions violation shall be determined by the Board of Corrections. (g) Noncompliance with program requirements approved by the board or violent or sexual behavior while confined for a technical conditions violation or serious conditions violation under this section may result in revocation of the defendant's probation for a period of time exceeding the limitations of subdivision (a)(4) of this section, up to and including the time remaining on the defendant's original sentence. (h) To the extent that a participant in a specialty court program is subject to this section, any period of confinement ordered by the specialty court is not subject to the periods of confinement required under subdivision (a)(4) of this section. Amended by Act 2019, No. 910,§ 905, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 904, eff. 7/1/2019. Amended by Act 2017, No. 423,§ 19, eff. 10/1/2017. Acts 2011, No. 570, § 90.

(a) Following a revocation hearing held under § 16-93-307 and in which a defendant on probation or who is serving a suspended imposition of sentence has been found guilty or has entered a plea of guilty or nolo contendere, the court may: (1) Continue the period of suspension of sentence or continue the period of probation; (2) Lengthen the period of suspension of sentence or the period of probation within the limits set by § 5-4-306 ; (3) Increase the fine within the limits set by § 5-4-201 ; (4) (A) Impose a period of confinement to be served during the period of suspension of sentence or period of probation. (B) (i) A period of confinement ordered under subdivision (a)(4)(A) of this section resulting from a technical conditions violation or serious conditions violation of probation shall be for the following periods, subject to subsection (b) of this section and § 16-93-308(i)(2)(A) , before the defendant on probation is released and returned to probation: (a) Up to ninety (90) days' confinement for a technical conditions violation; and (b) Exactly one hundred eighty (180) days' confinement for a serious conditions violation. (ii) Any time in custody for which the defendant is held before a period of confinement is ordered by the court under subdivision (a)(4)(A) of this section shall not be credited to the overall period of confinement ordered under this subdivision (a)(4) or toward the maximum number of periods of confinement or the maximum number of days authorized under § 16-93-306(d)(3)(E) . (C) The periods of confinement under subdivision (a)(4)(B) of this section are not available to a person serving a suspended imposition of sentence; or (5) Impose any conditions that could have been imposed upon conviction of the original offense.

(1) Continue the period of suspension of sentence or continue the period of probation;

(2) Lengthen the period of suspension of sentence or the period of probation within the limits set by § 5-4-306 ;

(3) Increase the fine within the limits set by § 5-4-201 ;

(4) (A) Impose a period of confinement to be served during the period of suspension of sentence or period of probation. (B) (i) A period of confinement ordered under subdivision (a)(4)(A) of this section resulting from a technical conditions violation or serious conditions violation of probation shall be for the following periods, subject to subsection (b) of this section and § 16-93-308(i)(2)(A) , before the defendant on probation is released and returned to probation: (a) Up to ninety (90) days' confinement for a technical conditions violation; and (b) Exactly one hundred eighty (180) days' confinement for a serious conditions violation. (ii) Any time in custody for which the defendant is held before a period of confinement is ordered by the court under subdivision (a)(4)(A) of this section shall not be credited to the overall period of confinement ordered under this subdivision (a)(4) or toward the maximum number of periods of confinement or the maximum number of days authorized under § 16-93-306(d)(3)(E) . (C) The periods of confinement under subdivision (a)(4)(B) of this section are not available to a person serving a suspended imposition of sentence; or

(A) Impose a period of confinement to be served during the period of suspension of sentence or period of probation.

(B) (i) A period of confinement ordered under subdivision (a)(4)(A) of this section resulting from a technical conditions violation or serious conditions violation of probation shall be for the following periods, subject to subsection (b) of this section and § 16-93-308(i)(2)(A) , before the defendant on probation is released and returned to probation: (a) Up to ninety (90) days' confinement for a technical conditions violation; and (b) Exactly one hundred eighty (180) days' confinement for a serious conditions violation. (ii) Any time in custody for which the defendant is held before a period of confinement is ordered by the court under subdivision (a)(4)(A) of this section shall not be credited to the overall period of confinement ordered under this subdivision (a)(4) or toward the maximum number of periods of confinement or the maximum number of days authorized under § 16-93-306(d)(3)(E) .

(i) A period of confinement ordered under subdivision (a)(4)(A) of this section resulting from a technical conditions violation or serious conditions violation of probation shall be for the following periods, subject to subsection (b) of this section and § 16-93-308(i)(2)(A) , before the defendant on probation is released and returned to probation: (a) Up to ninety (90) days' confinement for a technical conditions violation; and (b) Exactly one hundred eighty (180) days' confinement for a serious conditions violation.

(a) Up to ninety (90) days' confinement for a technical conditions violation; and

(b) Exactly one hundred eighty (180) days' confinement for a serious conditions violation.

(ii) Any time in custody for which the defendant is held before a period of confinement is ordered by the court under subdivision (a)(4)(A) of this section shall not be credited to the overall period of confinement ordered under this subdivision (a)(4) or toward the maximum number of periods of confinement or the maximum number of days authorized under § 16-93-306(d)(3)(E) .

(C) The periods of confinement under subdivision (a)(4)(B) of this section are not available to a person serving a suspended imposition of sentence; or

(5) Impose any conditions that could have been imposed upon conviction of the original offense.

(b) (1) A period of confinement under subdivision (a)(4) of this section may be reduced by the Division of Correction or the Division of Community Correction for good behavior and successful program completion. (2) A period of confinement shall not be reduced under subdivision (a)(4) of this section for more than fifty percent (50%) of the total time of confinement ordered to be served. (3) A period of confinement under subdivision (a)(4) of this section shall not be reduced by any time served by the defendant while he or she awaits a court hearing to challenge the imposition of the sanction.

(1) A period of confinement under subdivision (a)(4) of this section may be reduced by the Division of Correction or the Division of Community Correction for good behavior and successful program completion.

(2) A period of confinement shall not be reduced under subdivision (a)(4) of this section for more than fifty percent (50%) of the total time of confinement ordered to be served.

(3) A period of confinement under subdivision (a)(4) of this section shall not be reduced by any time served by the defendant while he or she awaits a court hearing to challenge the imposition of the sanction.

(c) (1) If a defendant is in custody awaiting a hearing under this section for a technical conditions violation or a serious conditions violation, the hearing shall be conducted as soon as practicable but no later than thirty (30) business days from the date the defendant was taken into custody. (2) If a defendant on probation is in custody in a county jail awaiting a hearing to challenge the imposition of a sanction under subdivision (a)(4) of this section, the state shall reimburse the county for the costs of incarceration at the prevailing rate of reimbursement.

(1) If a defendant is in custody awaiting a hearing under this section for a technical conditions violation or a serious conditions violation, the hearing shall be conducted as soon as practicable but no later than thirty (30) business days from the date the defendant was taken into custody.

(2) If a defendant on probation is in custody in a county jail awaiting a hearing to challenge the imposition of a sanction under subdivision (a)(4) of this section, the state shall reimburse the county for the costs of incarceration at the prevailing rate of reimbursement.

(d) Following a revocation hearing in which a defendant is ordered to continue on a period of suspension of sentence or a period of probation, upon finding the defendant guilty at a subsequent revocation hearing, the court may: (1) Revoke the suspension of sentence or period of probation; and (2) Sentence the defendant to incarceration in the Division of Correction.

(1) Revoke the suspension of sentence or period of probation; and

(2) Sentence the defendant to incarceration in the Division of Correction.

(e) If the suspension of sentence or probation of a defendant is subsequently revoked and the defendant is sentenced to a term of imprisonment, any period of time actually spent in confinement due to the original revocation shall be credited against the subsequent sentence.

(f) The location of the appropriate confining facility in which a defendant serves a period of confinement for a technical conditions violation or a serious conditions violation shall be determined by the Board of Corrections.

(g) Noncompliance with program requirements approved by the board or violent or sexual behavior while confined for a technical conditions violation or serious conditions violation under this section may result in revocation of the defendant's probation for a period of time exceeding the limitations of subdivision (a)(4) of this section, up to and including the time remaining on the defendant's original sentence.

(h) To the extent that a participant in a specialty court program is subject to this section, any period of confinement ordered by the specialty court is not subject to the periods of confinement required under subdivision (a)(4) of this section.

Amended by Act 2019, No. 910,§ 905, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 904, eff. 7/1/2019.

Amended by Act 2017, No. 423,§ 19, eff. 10/1/2017.

Acts 2011, No. 570, § 90.
Ark. Code Ann. § 16-20-204 — AR Code / Title 16 / Chapter 20 / Subchapter 2 / Section 16-20-204
Issuance of process
Status: in_force

The Clerk of the Supreme Court shall issue and attest all process and affix the seals of the courts thereto. Rev. Stat., ch. 26, § 5; C. & M. Dig., § 1354; Pope's Dig., § 1611; A.S.A. 1947, § 23-209; Acts 1995, No. 549, § 6.

The Clerk of the Supreme Court shall issue and attest all process and affix the seals of the courts thereto.

Rev. Stat., ch. 26, § 5; C. & M. Dig., § 1354; Pope's Dig., § 1611; A.S.A. 1947, § 23-209; Acts 1995, No. 549, § 6.
Ark. Code Ann. § 16-93-1207 — AR Code / Title 16 / Chapter 93 / Subchapter 12 / Section 16-93-1207
Order of court
Status: in_force

(a) Upon the sentencing or placing on probation of any person under the provisions of this subchapter, the sentencing court shall issue an order or commitment, whichever is appropriate, in writing, setting forth the following: (1) That the offender is being: (A) Committed to the Division of Correction; (B) Committed to the Division of Correction with judicial transfer to the Division of Community Correction; (C) Placed on suspended imposition of sentence; (D) Placed on probation under the provisions of this subchapter; or (E) Committed to a county jail for a misdemeanor offense committed after January 1, 2007; (2) That the offender has knowledge and understanding of the consequences of the sentence or placement on probation and violations thereof; (3) A designation of sentence or supervision length along with community correction program distinctions of that sentence or supervision length; (4) Any applicable terms and conditions of the sentence or probation term; and (5) Presentence investigation or sentencing information, including, but not limited to, criminal history elements and other appropriate or necessary information for correctional use. (b) (1) Upon the successful completion of probation or a commitment to the Division of Correction with judicial transfer to the Division of Community Correction or a commitment to a county jail for one (1) of the offenses targeted by the General Assembly for community correction placement, the court may direct that the record of the offender be sealed with regards to the offense of which the offender was either convicted or placed on probation under the condition that the offender has no more than one (1) previous felony conviction and that the previous felony was other than a conviction for: (A) A capital offense; (B) Murder in the first degree, § 5-10-102 ; (C) Murder in the second degree, § 5-10-103 ; (D) Rape, § 5-14-103 ; (E) Kidnapping, § 5-11-102 ; (F) Aggravated robbery, § 5-12-103 ; or (G) Delivering controlled substances to a minor as prohibited in the former § 5-64-410 . (2) The fact that a prior felony conviction has been previously sealed shall not prevent its counting as a prior conviction for the purposes of this subsection. (3) The procedure, effect, and definition of "sealed" for the purposes of this subsection shall be in accordance with that established in the Comprehensive Criminal Record Sealing Act of 2013, § 16-90-1401 et seq. (c) A court as a condition of probation shall order the defendant to: (1) (A) (i) Enroll in and complete a vocational, technical, educational, or similar program if the court finds that the defendant's lack of an employable or marketable skill contributes to the defendant's being unemployed. (ii) The court may order the person to pay tuition for any vocational, technical, educational, or similar program in installments after the completion of the vocational, technical, educational, or similar program. (B) If the defendant is on probation at the end of the vocational, technical, educational, or similar program required under subdivision (c)(1)(A) of this section, he or she shall be required to work in suitable employment for the remainder of his or her probation or for three (3) years, whichever occurs earlier; or (2) Work consistently in suitable employment for the entire duration of his or her probation or for three (3) years, whichever occurs earlier. Amended by Act 2019, No. 910,§ 943, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 942, eff. 7/1/2019. Amended by Act 2015, No. 1198,§ 9, eff. 7/22/2015. Amended by Act 2013, No. 1460,§ 15, eff. 1/1/2014. Acts 1993, No. 531, § 7; 1993, No. 548, § 7; 1995, No. 998, § 10; 2005, No. 1994, § 477; 2007, No. 744, § 4.

(a) Upon the sentencing or placing on probation of any person under the provisions of this subchapter, the sentencing court shall issue an order or commitment, whichever is appropriate, in writing, setting forth the following: (1) That the offender is being: (A) Committed to the Division of Correction; (B) Committed to the Division of Correction with judicial transfer to the Division of Community Correction; (C) Placed on suspended imposition of sentence; (D) Placed on probation under the provisions of this subchapter; or (E) Committed to a county jail for a misdemeanor offense committed after January 1, 2007; (2) That the offender has knowledge and understanding of the consequences of the sentence or placement on probation and violations thereof; (3) A designation of sentence or supervision length along with community correction program distinctions of that sentence or supervision length; (4) Any applicable terms and conditions of the sentence or probation term; and (5) Presentence investigation or sentencing information, including, but not limited to, criminal history elements and other appropriate or necessary information for correctional use.

(1) That the offender is being: (A) Committed to the Division of Correction; (B) Committed to the Division of Correction with judicial transfer to the Division of Community Correction; (C) Placed on suspended imposition of sentence; (D) Placed on probation under the provisions of this subchapter; or (E) Committed to a county jail for a misdemeanor offense committed after January 1, 2007;

(A) Committed to the Division of Correction;

(B) Committed to the Division of Correction with judicial transfer to the Division of Community Correction;

(C) Placed on suspended imposition of sentence;

(D) Placed on probation under the provisions of this subchapter; or

(E) Committed to a county jail for a misdemeanor offense committed after January 1, 2007;

(2) That the offender has knowledge and understanding of the consequences of the sentence or placement on probation and violations thereof;

(3) A designation of sentence or supervision length along with community correction program distinctions of that sentence or supervision length;

(4) Any applicable terms and conditions of the sentence or probation term; and

(5) Presentence investigation or sentencing information, including, but not limited to, criminal history elements and other appropriate or necessary information for correctional use.

(b) (1) Upon the successful completion of probation or a commitment to the Division of Correction with judicial transfer to the Division of Community Correction or a commitment to a county jail for one (1) of the offenses targeted by the General Assembly for community correction placement, the court may direct that the record of the offender be sealed with regards to the offense of which the offender was either convicted or placed on probation under the condition that the offender has no more than one (1) previous felony conviction and that the previous felony was other than a conviction for: (A) A capital offense; (B) Murder in the first degree, § 5-10-102 ; (C) Murder in the second degree, § 5-10-103 ; (D) Rape, § 5-14-103 ; (E) Kidnapping, § 5-11-102 ; (F) Aggravated robbery, § 5-12-103 ; or (G) Delivering controlled substances to a minor as prohibited in the former § 5-64-410 . (2) The fact that a prior felony conviction has been previously sealed shall not prevent its counting as a prior conviction for the purposes of this subsection. (3) The procedure, effect, and definition of "sealed" for the purposes of this subsection shall be in accordance with that established in the Comprehensive Criminal Record Sealing Act of 2013, § 16-90-1401 et seq.

(1) Upon the successful completion of probation or a commitment to the Division of Correction with judicial transfer to the Division of Community Correction or a commitment to a county jail for one (1) of the offenses targeted by the General Assembly for community correction placement, the court may direct that the record of the offender be sealed with regards to the offense of which the offender was either convicted or placed on probation under the condition that the offender has no more than one (1) previous felony conviction and that the previous felony was other than a conviction for: (A) A capital offense; (B) Murder in the first degree, § 5-10-102 ; (C) Murder in the second degree, § 5-10-103 ; (D) Rape, § 5-14-103 ; (E) Kidnapping, § 5-11-102 ; (F) Aggravated robbery, § 5-12-103 ; or (G) Delivering controlled substances to a minor as prohibited in the former § 5-64-410 .

(A) A capital offense;

(B) Murder in the first degree, § 5-10-102 ;

(C) Murder in the second degree, § 5-10-103 ;

(D) Rape, § 5-14-103 ;

(E) Kidnapping, § 5-11-102 ;

(F) Aggravated robbery, § 5-12-103 ; or

(G) Delivering controlled substances to a minor as prohibited in the former § 5-64-410 .

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

(3) The procedure, effect, and definition of "sealed" for the purposes of this subsection shall be in accordance with that established in the Comprehensive Criminal Record Sealing Act of 2013, § 16-90-1401 et seq.

(c) A court as a condition of probation shall order the defendant to: (1) (A) (i) Enroll in and complete a vocational, technical, educational, or similar program if the court finds that the defendant's lack of an employable or marketable skill contributes to the defendant's being unemployed. (ii) The court may order the person to pay tuition for any vocational, technical, educational, or similar program in installments after the completion of the vocational, technical, educational, or similar program. (B) If the defendant is on probation at the end of the vocational, technical, educational, or similar program required under subdivision (c)(1)(A) of this section, he or she shall be required to work in suitable employment for the remainder of his or her probation or for three (3) years, whichever occurs earlier; or (2) Work consistently in suitable employment for the entire duration of his or her probation or for three (3) years, whichever occurs earlier.

(1) (A) (i) Enroll in and complete a vocational, technical, educational, or similar program if the court finds that the defendant's lack of an employable or marketable skill contributes to the defendant's being unemployed. (ii) The court may order the person to pay tuition for any vocational, technical, educational, or similar program in installments after the completion of the vocational, technical, educational, or similar program. (B) If the defendant is on probation at the end of the vocational, technical, educational, or similar program required under subdivision (c)(1)(A) of this section, he or she shall be required to work in suitable employment for the remainder of his or her probation or for three (3) years, whichever occurs earlier; or

(A) (i) Enroll in and complete a vocational, technical, educational, or similar program if the court finds that the defendant's lack of an employable or marketable skill contributes to the defendant's being unemployed. (ii) The court may order the person to pay tuition for any vocational, technical, educational, or similar program in installments after the completion of the vocational, technical, educational, or similar program.

(i) Enroll in and complete a vocational, technical, educational, or similar program if the court finds that the defendant's lack of an employable or marketable skill contributes to the defendant's being unemployed.

(ii) The court may order the person to pay tuition for any vocational, technical, educational, or similar program in installments after the completion of the vocational, technical, educational, or similar program.

(B) If the defendant is on probation at the end of the vocational, technical, educational, or similar program required under subdivision (c)(1)(A) of this section, he or she shall be required to work in suitable employment for the remainder of his or her probation or for three (3) years, whichever occurs earlier; or

(2) Work consistently in suitable employment for the entire duration of his or her probation or for three (3) years, whichever occurs earlier.

Amended by Act 2019, No. 910,§ 943, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 942, eff. 7/1/2019.

Amended by Act 2015, No. 1198,§ 9, eff. 7/22/2015.

Amended by Act 2013, No. 1460,§ 15, eff. 1/1/2014.

Acts 1993, No. 531, § 7; 1993, No. 548, § 7; 1995, No. 998, § 10; 2005, No. 1994, § 477; 2007, No. 744, § 4.
Ark. Code Ann. § 16-123-326 — AR Code / Title 16 / Chapter 123 / Subchapter 3 / Section 16-123-326
Land use law
Status: in_force

If the Director of the Arkansas Fair Housing Commission determines the matter involves the legality of a state or local zoning ordinance or other land use law or ordinance, the director shall not issue a charge, but shall immediately refer the matter to the Attorney General for appropriate action. Acts 2001, No. 1785, § 27.

If the Director of the Arkansas Fair Housing Commission determines the matter involves the legality of a state or local zoning ordinance or other land use law or ordinance, the director shall not issue a charge, but shall immediately refer the matter to the Attorney General for appropriate action.

Acts 2001, No. 1785, § 27.
Ark. Code Ann. § 16-43-502 — AR Code / Title 16 / Chapter 43 / Subchapter 5 / Section 16-43-502
Joint defendant as witness
Status: in_force

When two (2) or more persons are indicted in the same indictment, each defendant may testify in behalf of, or against, the other defendants. Acts 1893, No. 89, § 1, p. 157; C. & M. Dig., § 3124; Pope's Dig., § 3958; A.S.A. 1947, § 43-2017.

When two (2) or more persons are indicted in the same indictment, each defendant may testify in behalf of, or against, the other defendants.

Acts 1893, No. 89, § 1, p. 157; C. & M. Dig., § 3124; Pope's Dig., § 3958; A.S.A. 1947, § 43-2017.
Ark. Code Ann. § 16-32-304 — AR Code / Title 16 / Chapter 32 / Subchapter 3 / Section 16-32-304
List of disqualifications not affected
Status: in_force

This subchapter shall not affect the list of disqualifications from jury service found in § 16-31-102 . Acts 2003, No. 1404, § 5[4].

This subchapter shall not affect the list of disqualifications from jury service found in § 16-31-102 .

Acts 2003, No. 1404, § 5[4].
Ark. Code Ann. § 16-113-202 — AR Code / Title 16 / Chapter 113 / Subchapter 2 / Section 16-113-202
Affidavits
Status: in_force

(a) On the hearing of an application for an injunction of which notice has been given, each party may read affidavits. (b) The affidavits read upon an application for an injunction shall be filed with the papers of the case. Civil Code, §§ 301, 312; C. & M. Dig., §§ 5789, 5790; Pope's Dig., §§ 7504, 7505; A.S.A. 1947, §§ 32-204, 32-205.

(a) On the hearing of an application for an injunction of which notice has been given, each party may read affidavits.

(b) The affidavits read upon an application for an injunction shall be filed with the papers of the case.

Civil Code, §§ 301, 312; C. & M. Dig., §§ 5789, 5790; Pope's Dig., §§ 7504, 7505; A.S.A. 1947, §§ 32-204, 32-205.
Ark. Code Ann. § 16-112-116 — AR Code / Title 16 / Chapter 112 / Subchapter 1 / Section 16-112-116
Remand generally
Status: in_force

It shall be the duty of the court or judge forthwith to remand the prisoner if it shall appear that he or she is held in custody, either: (1) By virtue of any process issued by any court or judge of the United States in a cause where the court or judge has exclusive jurisdiction; (2) By virtue of the final judgment or decree of any competent court of civil or criminal jurisdiction; (3) For any contempt especially and plainly charged in the commitment by some court, judge, or body politic having authority by law to commit for contempt so charged; and (4) Where the time during which the party may be legally detained has not expired. Rev. Stat., ch. 73, art. 3, § 6; C. & M. Dig., § 5076; Pope's Dig., § 6339; A.S.A. 1947, § 34-1731.

It shall be the duty of the court or judge forthwith to remand the prisoner if it shall appear that he or she is held in custody, either:

(1) By virtue of any process issued by any court or judge of the United States in a cause where the court or judge has exclusive jurisdiction;

(2) By virtue of the final judgment or decree of any competent court of civil or criminal jurisdiction;

(3) For any contempt especially and plainly charged in the commitment by some court, judge, or body politic having authority by law to commit for contempt so charged; and

(4) Where the time during which the party may be legally detained has not expired.

Rev. Stat., ch. 73, art. 3, § 6; C. & M. Dig., § 5076; Pope's Dig., § 6339; A.S.A. 1947, § 34-1731.
Ark. Code Ann. § 16-66-607 — AR Code / Title 16 / Chapter 66 / Subchapter 6 / Section 16-66-607
Uniformity of interpretation
Status: in_force

This subchapter shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact it. Acts 1989, No. 501, § 7.

This subchapter shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact it.

Acts 1989, No. 501, § 7.
Ark. Code Ann. § 16-10-902 — AR Code / Title 16 / Chapter 10 / Subchapter 9 / Section 16-10-902
Amount of compensation
Status: in_force

(a) A retired judge appointed by the Chief Justice of the Supreme Court as a special judge under Arkansas Constitution, Amendment 80, and the rules prescribed by the Supreme Court shall receive compensation, in addition to his or her retirement benefits, at one-half (½) the rate as fixed by law for a regularly elected: (1) Circuit court judge, if the retired judge served at any time as a circuit court judge; or (2) District court judge, if the retired judge served only as a district court judge. (b) The compensation paid under subsection (a) of this section shall be paid from the appropriation provided to the Auditor of State for special and recalled judges for the circuit or district courts. Amended by Act 2021, No. 818,§ 3, eff. 7/28/2021. Acts 1999, No. 390, § 2; 2001, No. 1071, § 1; 2003, No. 1185, § 64; 2011, No. 274, § 3.

(a) A retired judge appointed by the Chief Justice of the Supreme Court as a special judge under Arkansas Constitution, Amendment 80, and the rules prescribed by the Supreme Court shall receive compensation, in addition to his or her retirement benefits, at one-half (½) the rate as fixed by law for a regularly elected: (1) Circuit court judge, if the retired judge served at any time as a circuit court judge; or (2) District court judge, if the retired judge served only as a district court judge.

(1) Circuit court judge, if the retired judge served at any time as a circuit court judge; or

(2) District court judge, if the retired judge served only as a district court judge.

(b) The compensation paid under subsection (a) of this section shall be paid from the appropriation provided to the Auditor of State for special and recalled judges for the circuit or district courts.

Amended by Act 2021, No. 818,§ 3, eff. 7/28/2021.

Acts 1999, No. 390, § 2; 2001, No. 1071, § 1; 2003, No. 1185, § 64; 2011, No. 274, § 3.
Ark. Code Ann. § 16-61-203 — AR Code / Title 16 / Chapter 61 / Subchapter 2 / Section 16-61-203
[Repealed]
Status: repealed

Repealed by Act 2013, No. 1116,§ 4, eff. 8/16/2013, and applicable to all causes of action accruing on or after March 25, 2003. Acts 1941, No. 315, § 3; A.S.A. 1947, § 34-1003.

Repealed by Act 2013, No. 1116,§ 4, eff. 8/16/2013, and applicable to all causes of action accruing on or after March 25, 2003.

Acts 1941, No. 315, § 3; A.S.A. 1947, § 34-1003.
Ark. Code Ann. § 16-110-413 — AR Code / Title 16 / Chapter 110 / Subchapter 4 / Section 16-110-413
Garnishment against state or subdivision of state after judgment
Status: in_force

(a) (1) Any indebtedness, goods and chattels, moneys, credits, or effects, except for refunds for overpayment of Arkansas state income tax belonging to a defendant in a civil action and in the hands or possession of the State of Arkansas, or any subdivision thereof, institution, department, or special district or instrumentality of the State of Arkansas, shall be subject to garnishment as is now provided by law. (2) Nothing in subdivision (a)(1) of this section shall be construed in any way to eliminate or limit the provisions of § 26-36-301 et seq. concerning the set-off of debt owed to a state program. (b) (1) Any writ of garnishment sued out pursuant to this section shall be served upon the individual representing the State of Arkansas, subdivision thereof, institution, department, special district, or instrumentality of the State of Arkansas, who has such indebtedness, goods and chattels, moneys, credits, or effects in his or her custody, and he or she shall answer the writ and satisfy the garnishment as provided by law. (2) However, if the writ of garnishment is of salary or wages, it shall be served upon, answered, and satisfied by the institution, agency, department, special district, or instrumentality employing the person whose salary or wages are sought by the garnishment. (c) A writ of garnishment shall be sued out pursuant to this section only after judgment. Acts 1945, No. 44, §§ 1-3; 1965, No. 441, § 1; A.S.A. 1947, §§ 31-519 -- 31-521; Acts 1987 (1st Ex. Sess.), No. 41, § 1; 1987 (1st Ex. Sess.), No. 55, § 1.

(a) (1) Any indebtedness, goods and chattels, moneys, credits, or effects, except for refunds for overpayment of Arkansas state income tax belonging to a defendant in a civil action and in the hands or possession of the State of Arkansas, or any subdivision thereof, institution, department, or special district or instrumentality of the State of Arkansas, shall be subject to garnishment as is now provided by law. (2) Nothing in subdivision (a)(1) of this section shall be construed in any way to eliminate or limit the provisions of § 26-36-301 et seq. concerning the set-off of debt owed to a state program.

(1) Any indebtedness, goods and chattels, moneys, credits, or effects, except for refunds for overpayment of Arkansas state income tax belonging to a defendant in a civil action and in the hands or possession of the State of Arkansas, or any subdivision thereof, institution, department, or special district or instrumentality of the State of Arkansas, shall be subject to garnishment as is now provided by law.

(2) Nothing in subdivision (a)(1) of this section shall be construed in any way to eliminate or limit the provisions of § 26-36-301 et seq. concerning the set-off of debt owed to a state program.

(b) (1) Any writ of garnishment sued out pursuant to this section shall be served upon the individual representing the State of Arkansas, subdivision thereof, institution, department, special district, or instrumentality of the State of Arkansas, who has such indebtedness, goods and chattels, moneys, credits, or effects in his or her custody, and he or she shall answer the writ and satisfy the garnishment as provided by law. (2) However, if the writ of garnishment is of salary or wages, it shall be served upon, answered, and satisfied by the institution, agency, department, special district, or instrumentality employing the person whose salary or wages are sought by the garnishment.

(1) Any writ of garnishment sued out pursuant to this section shall be served upon the individual representing the State of Arkansas, subdivision thereof, institution, department, special district, or instrumentality of the State of Arkansas, who has such indebtedness, goods and chattels, moneys, credits, or effects in his or her custody, and he or she shall answer the writ and satisfy the garnishment as provided by law.

(2) However, if the writ of garnishment is of salary or wages, it shall be served upon, answered, and satisfied by the institution, agency, department, special district, or instrumentality employing the person whose salary or wages are sought by the garnishment.

(c) A writ of garnishment shall be sued out pursuant to this section only after judgment.

Acts 1945, No. 44, §§ 1-3; 1965, No. 441, § 1; A.S.A. 1947, §§ 31-519 -- 31-521; Acts 1987 (1st Ex. Sess.), No. 41, § 1; 1987 (1st Ex. Sess.), No. 55, § 1.
Ark. Code Ann. § 16-40-103 — AR Code / Title 16 / Chapter 40 / Section 16-40-103
Modes of taking testimony of witnesses
Status: in_force

(a) The testimony of witnesses is taken in three (3) modes: (1) By affidavit; (2) By deposition; (3) By oral examination. (b) An affidavit is a written declaration under oath, made without notice to the adverse party. (c) A deposition is a written declaration under oath, made upon notice to the adverse party, for the purpose of enabling that party to attend and cross-examine; or upon written interrogatories. (d) An oral examination is an examination in the presence of the tribunal which is to decide the fact or to act upon it, the testimony being heard by the tribunal from the lips of the witness. Civil Code, §§ 596-599; C. & M. Dig., §§ 4195-4198; Pope's Dig., §§ 5206-5209; A.S.A. 1947, §§ 28-104 -- 28-107.

(a) The testimony of witnesses is taken in three (3) modes: (1) By affidavit; (2) By deposition; (3) By oral examination.

(1) By affidavit;

(2) By deposition;

(3) By oral examination.

(b) An affidavit is a written declaration under oath, made without notice to the adverse party.

(c) A deposition is a written declaration under oath, made upon notice to the adverse party, for the purpose of enabling that party to attend and cross-examine; or upon written interrogatories.

(d) An oral examination is an examination in the presence of the tribunal which is to decide the fact or to act upon it, the testimony being heard by the tribunal from the lips of the witness.

Civil Code, §§ 596-599; C. & M. Dig., §§ 4195-4198; Pope's Dig., §§ 5206-5209; A.S.A. 1947, §§ 28-104 -- 28-107.
Ark. Code Ann. § 16-13-1207 — AR Code / Title 16 / Chapter 13 / Subchapter 12 / Section 16-13-1207
Additional judge - Staff
Status: in_force

There shall be provided for the judge of the circuit-chancery judgeship created by § 16-13-1205(a) a court reporter and a trial court administrative assistant whose salaries shall be fixed and paid in the manner provided by law for court reporters and trial court administrative assistants of the circuit-chancery courts of this state. Acts 1997, No. 319, § 3

There shall be provided for the judge of the circuit-chancery judgeship created by § 16-13-1205(a) a court reporter and a trial court administrative assistant whose salaries shall be fixed and paid in the manner provided by law for court reporters and trial court administrative assistants of the circuit-chancery courts of this state.

Acts 1997, No. 319, § 3