Ark. Code Ann. § 16-11-112 — AR Code / Title 16 / Chapter 11 / Subchapter 1 / Section 16-11-112
Authorization to contract for publication of Arkansas Model Jury Instructions
Status: in_force

(a) The Arkansas Supreme Court is authorized to provide for the publication by private publishing firms of the Arkansas Model Criminal Jury Instructions and the Arkansas Model Civil Jury Instructions for use in the trial courts of this state. (b) The Supreme Court shall solicit proposals from reputable publishing firms and may enter into contracts with the publishing firms which are deemed by the court to offer the best proposals for the separate publication of the Arkansas Model Criminal Jury Instructions and the Arkansas Model Civil Jury Instructions, with provision being made for the publication from time to time of pocket part supplements containing revisions or additions to the instructions if the prices at which the publishers propose to sell the Arkansas Model Criminal Jury Instructions and the Arkansas Model Civil Jury Instructions are deemed to be reasonable and adequate by the Supreme Court and upon the publisher's agreeing to pay to the Supreme Court a reasonable market-rate royalty for the use and benefit of the Supreme Court Library Fund. (c) The Supreme Court may delegate to the Clerk of the Supreme Court, or to any other employee or official of the court as the court may designate, the responsibility for soliciting and tabulating bid proposals and performing other duties as may be directed by the Supreme Court. (d) The awarding of contracts to private publishers for the publication of the Arkansas Model Criminal Jury Instructions and the Arkansas Model Civil Jury Instructions shall be by a majority vote of the justices of the Supreme Court sitting in session for that purpose. Acts 1977, No. 545, §§ 1, 2; A.S.A. 1947, §§ 22-250, 22-251; Acts 2001, No. 625, § 1.

(a) The Arkansas Supreme Court is authorized to provide for the publication by private publishing firms of the Arkansas Model Criminal Jury Instructions and the Arkansas Model Civil Jury Instructions for use in the trial courts of this state.

(b) The Supreme Court shall solicit proposals from reputable publishing firms and may enter into contracts with the publishing firms which are deemed by the court to offer the best proposals for the separate publication of the Arkansas Model Criminal Jury Instructions and the Arkansas Model Civil Jury Instructions, with provision being made for the publication from time to time of pocket part supplements containing revisions or additions to the instructions if the prices at which the publishers propose to sell the Arkansas Model Criminal Jury Instructions and the Arkansas Model Civil Jury Instructions are deemed to be reasonable and adequate by the Supreme Court and upon the publisher's agreeing to pay to the Supreme Court a reasonable market-rate royalty for the use and benefit of the Supreme Court Library Fund.

(c) The Supreme Court may delegate to the Clerk of the Supreme Court, or to any other employee or official of the court as the court may designate, the responsibility for soliciting and tabulating bid proposals and performing other duties as may be directed by the Supreme Court.

(d) The awarding of contracts to private publishers for the publication of the Arkansas Model Criminal Jury Instructions and the Arkansas Model Civil Jury Instructions shall be by a majority vote of the justices of the Supreme Court sitting in session for that purpose.

Acts 1977, No. 545, §§ 1, 2; A.S.A. 1947, §§ 22-250, 22-251; Acts 2001, No. 625, § 1.
Ark. Code Ann. § 16-90-1411 — AR Code / Title 16 / Chapter 90 / Subchapter 14 / Section 16-90-1411
Sealing of records for a pardoned person - Pardons for youthful felony offenders
Status: in_force

(a) (1) The Governor shall notify the court upon issuing a pardon, and the court shall issue an order sealing the record of a conviction of the person pardoned. (2) The record of a conviction relating to the conviction of a person pardoned before July 15, 1991, shall be sealed upon the filing of a copy of the pardon with the court by the person. (3) This section does not apply to a pardon issued for: (A) Any offense in which the victim is a person under eighteen (18) years of age; (B) A sex offense; or (C) An offense resulting in death or serious physical injury. (b) A person shall have his or her record of a conviction sealed by the court if the person: (1) Committed a felony in this state while under sixteen (16) years of age; (2) Was convicted and given a suspended sentence; (3) Received a pardon for the conviction; and (4) Has not been convicted of another criminal offense. (c) This section does not prevent a person from requesting that his or her criminal record be sealed under § 16-90-1405 or § 16-90-1406 . Added by Act 2013, No. 1460,§ 9, eff. 1/1/2014.

(a) (1) The Governor shall notify the court upon issuing a pardon, and the court shall issue an order sealing the record of a conviction of the person pardoned. (2) The record of a conviction relating to the conviction of a person pardoned before July 15, 1991, shall be sealed upon the filing of a copy of the pardon with the court by the person. (3) This section does not apply to a pardon issued for: (A) Any offense in which the victim is a person under eighteen (18) years of age; (B) A sex offense; or (C) An offense resulting in death or serious physical injury.

(1) The Governor shall notify the court upon issuing a pardon, and the court shall issue an order sealing the record of a conviction of the person pardoned.

(2) The record of a conviction relating to the conviction of a person pardoned before July 15, 1991, shall be sealed upon the filing of a copy of the pardon with the court by the person.

(3) This section does not apply to a pardon issued for: (A) Any offense in which the victim is a person under eighteen (18) years of age; (B) A sex offense; or (C) An offense resulting in death or serious physical injury.

(A) Any offense in which the victim is a person under eighteen (18) years of age;

(B) A sex offense; or

(C) An offense resulting in death or serious physical injury.

(b) A person shall have his or her record of a conviction sealed by the court if the person: (1) Committed a felony in this state while under sixteen (16) years of age; (2) Was convicted and given a suspended sentence; (3) Received a pardon for the conviction; and (4) Has not been convicted of another criminal offense.

(1) Committed a felony in this state while under sixteen (16) years of age;

(2) Was convicted and given a suspended sentence;

(3) Received a pardon for the conviction; and

(4) Has not been convicted of another criminal offense.

(c) This section does not prevent a person from requesting that his or her criminal record be sealed under § 16-90-1405 or § 16-90-1406 .

Added by Act 2013, No. 1460,§ 9, eff. 1/1/2014.
Ark. Code Ann. § 16-21-124 — AR Code / Title 16 / Chapter 21 / Subchapter 1 / Section 16-21-124
The Fourth Judicial District
Status: in_force

The Fourth Judicial District shall be a Division A Judicial District. Acts 1993, No. 1306, § 1.

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

Acts 1993, No. 1306, § 1.
Ark. Code Ann. § 16-110-415 — AR Code / Title 16 / Chapter 110 / Subchapter 4 / Section 16-110-415
Garnishment of wages
Status: in_force

(a) Upon the garnishment of salaries, wages, or other compensation due from the employer garnishee, the employer garnishee shall hold, to the extent of the amount due upon the judgment and costs, subject to the order of the court, any nonexempt wages due or which subsequently become due. The judgment or balance due thereon is a lien on salaries, wages, or other compensation due at the time of the service of the execution, or as set out in subsection (b) of this section. (b) The lien provided for in subsection (a) of this section shall continue as to subsequent earnings until the total amount due upon the judgment and costs is paid or satisfied. The lien on subsequent earnings shall terminate sooner if the employment relationship is terminated or if the underlying judgment is vacated or modified. Acts 1981, No. 794, §§ 1-3; A.S.A. 1947, §§ 31-522 -- 31-524; Acts 1991, No. 192, § 1; 1995, No. 276, § 1.

(a) Upon the garnishment of salaries, wages, or other compensation due from the employer garnishee, the employer garnishee shall hold, to the extent of the amount due upon the judgment and costs, subject to the order of the court, any nonexempt wages due or which subsequently become due. The judgment or balance due thereon is a lien on salaries, wages, or other compensation due at the time of the service of the execution, or as set out in subsection (b) of this section.

(b) The lien provided for in subsection (a) of this section shall continue as to subsequent earnings until the total amount due upon the judgment and costs is paid or satisfied. The lien on subsequent earnings shall terminate sooner if the employment relationship is terminated or if the underlying judgment is vacated or modified.

Acts 1981, No. 794, §§ 1-3; A.S.A. 1947, §§ 31-522 -- 31-524; Acts 1991, No. 192, § 1; 1995, No. 276, § 1.
Ark. Code Ann. § 16-23-104 — AR Code / Title 16 / Chapter 23 / Section 16-23-104
Conditions precedent to levy and collection
Status: in_force

(a) The costs levied pursuant to the provisions of this chapter shall not be levied and collected unless there has been filed with the county court of a county a resolution of the county bar association or, in counties where there is no county bar association, a resolution of the regional bar association which includes that county, signed by the president and attested to by the secretary of such bar association, requesting the levying and collecting of the costs levied pursuant to the provisions of this chapter. (b) After receipt of the resolution, the county court may enter an order levying the costs levied pursuant to the provisions of this chapter and directing their collection. Acts 1971, No. 284, § 3; A.S.A. 1947, § 25-506.

(a) The costs levied pursuant to the provisions of this chapter shall not be levied and collected unless there has been filed with the county court of a county a resolution of the county bar association or, in counties where there is no county bar association, a resolution of the regional bar association which includes that county, signed by the president and attested to by the secretary of such bar association, requesting the levying and collecting of the costs levied pursuant to the provisions of this chapter.

(b) After receipt of the resolution, the county court may enter an order levying the costs levied pursuant to the provisions of this chapter and directing their collection.

Acts 1971, No. 284, § 3; A.S.A. 1947, § 25-506.
Ark. Code Ann. § 16-90-1102 — AR Code / Title 16 / Chapter 90 / Subchapter 11 / Section 16-90-1102
Compliance with subchapter
Status: in_force

Failure to comply with this subchapter does not create a claim for damages against a government employee, official, or entity. Acts 1997, No. 1262, § 2.

Failure to comply with this subchapter does not create a claim for damages against a government employee, official, or entity.

Acts 1997, No. 1262, § 2.
Ark. Code Ann. § 16-17-935 — AR Code / Title 16 / Chapter 17 / Subchapter 9 / Section 16-17-935
Logan County District Courts
Status: in_force

(a) Logan County, having two (2) judicial districts, shall have the following district courts and judges: (1) The Northern District shall have: (A) One (1) district court located in Paris; and (B) One (1) district judge; and (2) (A) The Southern District shall have one (1) district court with two (2) departments: (i) One (1) located in Booneville; and (ii) One (1) located in Magazine. (B) Both departments are to be served by one (1) district judge. (b) The judge of any district court located in Logan County shall be elected by the electors of the judicial district in which the court is located. (c) In Logan County, the jurisdiction of the district court shall be limited to the judicial district in which the court is located. Amended by Act 2017, No. 723,§ 1, eff. 8/1/2017. Acts 2007, No. 663, § 51.

(a) Logan County, having two (2) judicial districts, shall have the following district courts and judges: (1) The Northern District shall have: (A) One (1) district court located in Paris; and (B) One (1) district judge; and (2) (A) The Southern District shall have one (1) district court with two (2) departments: (i) One (1) located in Booneville; and (ii) One (1) located in Magazine. (B) Both departments are to be served by one (1) district judge.

(1) The Northern District shall have: (A) One (1) district court located in Paris; and (B) One (1) district judge; and

(A) One (1) district court located in Paris; and

(B) One (1) district judge; and

(2) (A) The Southern District shall have one (1) district court with two (2) departments: (i) One (1) located in Booneville; and (ii) One (1) located in Magazine. (B) Both departments are to be served by one (1) district judge.

(A) The Southern District shall have one (1) district court with two (2) departments: (i) One (1) located in Booneville; and (ii) One (1) located in Magazine.

(i) One (1) located in Booneville; and

(ii) One (1) located in Magazine.

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

(b) The judge of any district court located in Logan County shall be elected by the electors of the judicial district in which the court is located.

(c) In Logan County, the jurisdiction of the district court shall be limited to the judicial district in which the court is located.

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

Acts 2007, No. 663, § 51.
Ark. Code Ann. § 16-11-103 — AR Code / Title 16 / Chapter 11 / Subchapter 1 / Section 16-11-103
Divisions of court
Status: in_force

(a) The court may sit in two (2) divisions to be designated Division I and Division II. (b) Each division shall be composed of three (3) justices. (c) (1) The Chief Justice shall alternate in presiding over these divisions. In addition, he or she shall have a vote and the same power as an associate justice. (2) At each sitting, the division not being presided over by the Chief Justice shall be presided over by the justice in that division having the highest seniority by reason of service as a justice. (d) In case of a tie in either division, the cause shall be transferred to the court en banc for decision. Acts 1925, No. 205, §§ 2, 3; Pope's Dig., §§ 2725, 2726; A.S.A. 1947, §§ 22-206, 22-207.

(a) The court may sit in two (2) divisions to be designated Division I and Division II.

(b) Each division shall be composed of three (3) justices.

(c) (1) The Chief Justice shall alternate in presiding over these divisions. In addition, he or she shall have a vote and the same power as an associate justice. (2) At each sitting, the division not being presided over by the Chief Justice shall be presided over by the justice in that division having the highest seniority by reason of service as a justice.

(1) The Chief Justice shall alternate in presiding over these divisions. In addition, he or she shall have a vote and the same power as an associate justice.

(2) At each sitting, the division not being presided over by the Chief Justice shall be presided over by the justice in that division having the highest seniority by reason of service as a justice.

(d) In case of a tie in either division, the cause shall be transferred to the court en banc for decision.

Acts 1925, No. 205, §§ 2, 3; Pope's Dig., §§ 2725, 2726; A.S.A. 1947, §§ 22-206, 22-207.
Ark. Code Ann. § 16-13-1418 — AR Code / Title 16 / Chapter 13 / Subchapter 14 / Section 16-13-1418
Pulaski County - Field investigator
Status: in_force

(a) There is created the office of field investigator for the Pulaski County Circuit Court, Sixth Judicial District. (b) The field investigator shall be appointed by the judge of the Pulaski County Circuit Court, Sixth Judicial District, and shall serve at the will of the judge. (c) (1) The duties of the field investigator shall be to investigate all matters referred to him or her by the Pulaski County Circuit Court, Sixth Judicial District, including presentence reports and follow-up reports on persons placed on probation by the court. (2) The field investigator shall perform outside investigative duties as may be requested of him or her from time to time by the probation officer of the court. (3) The field investigator may exercise all the powers of a deputy sheriff. (d) The field investigator shall receive an annual salary of fifteen thousand dollars ($15,000) to be paid by Pulaski County. Acts 1979, No. 248, §§ 1-4; A.S.A. 1947, §§ 22-363.5 -- 22-363.8.

(a) There is created the office of field investigator for the Pulaski County Circuit Court, Sixth Judicial District.

(b) The field investigator shall be appointed by the judge of the Pulaski County Circuit Court, Sixth Judicial District, and shall serve at the will of the judge.

(c) (1) The duties of the field investigator shall be to investigate all matters referred to him or her by the Pulaski County Circuit Court, Sixth Judicial District, including presentence reports and follow-up reports on persons placed on probation by the court. (2) The field investigator shall perform outside investigative duties as may be requested of him or her from time to time by the probation officer of the court. (3) The field investigator may exercise all the powers of a deputy sheriff.

(1) The duties of the field investigator shall be to investigate all matters referred to him or her by the Pulaski County Circuit Court, Sixth Judicial District, including presentence reports and follow-up reports on persons placed on probation by the court.

(2) The field investigator shall perform outside investigative duties as may be requested of him or her from time to time by the probation officer of the court.

(3) The field investigator may exercise all the powers of a deputy sheriff.

(d) The field investigator shall receive an annual salary of fifteen thousand dollars ($15,000) to be paid by Pulaski County.

Acts 1979, No. 248, §§ 1-4; A.S.A. 1947, §§ 22-363.5 -- 22-363.8.
Ark. Code Ann. § 16-10-411 — AR Code / Title 16 / Chapter 10 / Subchapter 4 / Section 16-10-411
Vacancy
Status: in_force

The granting of leave, suspension, with or without pay, removal, or involuntary disability retirement pursuant to this subchapter shall create a vacancy in the judicial office. Acts 1989, No. 637, § 7.

The granting of leave, suspension, with or without pay, removal, or involuntary disability retirement pursuant to this subchapter shall create a vacancy in the judicial office.

Acts 1989, No. 637, § 7.
Ark. Code Ann. § 16-20-408 — AR Code / Title 16 / Chapter 20 / Subchapter 4 / Section 16-20-408
Fee for filing a district report or affidavit
Status: in_force

The fee for filing a report or an affidavit under § 14-86-103 shall be the same as the fee for initiating a cause of action under § 21-6-415 . Acts 2009, No. 386, § 3.

The fee for filing a report or an affidavit under § 14-86-103 shall be the same as the fee for initiating a cause of action under § 21-6-415 .

Acts 2009, No. 386, § 3.
Ark. Code Ann. § 16-100-204 — AR Code / Title 16 / Chapter 100 / Subchapter 2 / Section 16-100-204
Administration of mental health specialty court program
Status: in_force

(a) A mental health specialty court program may require a separate judicial processing system differing in practice and design from the traditional adversarial criminal prosecution and trial systems. (b) (1) The administrative judge of the judicial district shall designate one (1) or more circuit judges to be mental health specialty court judges and to administer the mental health specialty court program. (2) If a county is in a judicial district that does not have a circuit judge who is able to administer the mental health specialty court program on a consistent basis, the administrative plan for the judicial circuit required by Supreme Court Administrative Order No. 14 may designate a district court judge to be a mental health specialty court judge and to administer the mental health specialty court program. (c) A mental health specialty court team shall be designated by a mental health specialty court judge and may include: (1) A circuit judge; (2) A prosecuting attorney; (3) A public defender or private defense attorney; (4) One (1) or more healthcare providers with experience in the field of mental health treatment; (5) One (1) or more probation officers; (6) One (1) or more private mental health treatment provider representatives with experience in the field of mental health treatment; and (7) Any other individual determined necessary by the mental health specialty court judge. (d) Each judicial district may develop a training and implementation manual for the mental health specialty court program with the assistance of the: (1) Department of Human Services; (2) Department of Health; (3) Division of Community Correction; (4) Administrative Office of the Courts; and (5) Other federal, state, and local agencies, organizations, or entities with an established history of expertise in mental health conditions. Added by Act 2017, No. 506,§ 1, eff. 8/1/2017.

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

(b) (1) The administrative judge of the judicial district shall designate one (1) or more circuit judges to be mental health specialty court judges and to administer the mental health specialty court program. (2) If a county is in a judicial district that does not have a circuit judge who is able to administer the mental health specialty court program on a consistent basis, the administrative plan for the judicial circuit required by Supreme Court Administrative Order No. 14 may designate a district court judge to be a mental health specialty court judge and to administer the mental health specialty court program.

(1) The administrative judge of the judicial district shall designate one (1) or more circuit judges to be mental health specialty court judges and to administer the mental health specialty court program.

(2) If a county is in a judicial district that does not have a circuit judge who is able to administer the mental health specialty court program on a consistent basis, the administrative plan for the judicial circuit required by Supreme Court Administrative Order No. 14 may designate a district court judge to be a mental health specialty court judge and to administer the mental health specialty court program.

(c) A mental health specialty court team shall be designated by a mental health specialty court judge and may include: (1) A circuit judge; (2) A prosecuting attorney; (3) A public defender or private defense attorney; (4) One (1) or more healthcare providers with experience in the field of mental health treatment; (5) One (1) or more probation officers; (6) One (1) or more private mental health treatment provider representatives with experience in the field of mental health treatment; and (7) Any other individual determined necessary by the mental health specialty court judge.

(1) A circuit judge;

(2) A prosecuting attorney;

(3) A public defender or private defense attorney;

(4) One (1) or more healthcare providers with experience in the field of mental health treatment;

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

(6) One (1) or more private mental health treatment provider representatives with experience in the field of mental health treatment; and

(7) Any other individual determined necessary by the mental health specialty court judge.

(d) Each judicial district may develop a training and implementation manual for the mental health specialty court program with the assistance of the: (1) Department of Human Services; (2) Department of Health; (3) Division of Community Correction; (4) Administrative Office of the Courts; and (5) Other federal, state, and local agencies, organizations, or entities with an established history of expertise in mental health conditions.

(1) Department of Human Services;

(2) Department of Health;

(3) Division of Community Correction;

(4) Administrative Office of the Courts; and

(5) Other federal, state, and local agencies, organizations, or entities with an established history of expertise in mental health conditions.

Added by Act 2017, No. 506,§ 1, eff. 8/1/2017.
Ark. Code Ann. § 16-32-201 — AR Code / Title 16 / Chapter 32 / Subchapter 2 / Section 16-32-201
Selection of grand jury
Status: in_force

(a) (1) The selecting, summoning, and impaneling of a grand jury shall be as prescribed by law. (2) (A) Circuit courts to which criminal cases are assigned may call grand jurors from the jury wheel or box from which petit jurors are drawn, or the circuit judge may direct the circuit clerk to provide the minimum number of names for a separate grand jury wheel or box in the minimum number set forth in § 16-32-103(a) -(d). (B) In the event the circuit judge directs the circuit clerk to provide the minimum number of names for a separate grand jury wheel or box, the circuit clerk shall select the names of persons whom the circuit clerk believes to be qualified from the current voter registration list or the enhanced prospective juror list authorized by § 16-32-302 . (3) In either event, when a grand jury is selected, the names of a sufficient number of persons shall be drawn from the appropriate box or wheel to provide a panel of sixteen (16) qualified grand jurors, plus a reasonable number of alternates, after excuses from attendance have been granted to those who are entitled to be excused. (4) As the names are drawn, they shall be recorded in the grand jury book, and the grand jurors shall be summoned and directed to appear in the same manner as provided for petit jurors. (5) The grand jury shall be made up of the first sixteen (16) persons summoned whose names appear as grand jurors in the jury book after the elimination of the disqualified or excused persons. (6) (A) The remaining grand jurors whose names appear in the jury book after the elimination of disqualified or excused persons shall be considered as alternates and shall be designated in the order as they appear in the jury book to replace regular grand jurors who become incapacitated or who are unavailable. (B) Alternate grand jurors shall not be disqualified from further jury duty as provided in § 16-31-104 until they have been required to report for grand jury service during the year. (7) Grand jurors shall serve during the calendar year in which selected unless sooner discharged by the court. (b) The drawing and recording of grand jurors under subsection (a) of this section may be accomplished by a computerized random jury selection process. (c) In either event, when a grand jury is selected, the names of a sufficient number of persons shall be drawn from the appropriate box or wheel to provide a panel of sixteen (16) qualified grand jurors, plus a reasonable number of alternates, after excuses from attendance have been granted to those who are entitled to be excused. (d) As the names are drawn, they shall be recorded in the grand jury book, and the grand jurors shall be summoned and directed to appear in the same manner as provided for petit jurors. (e) The grand jury shall be made up of the first sixteen (16) persons summoned whose names appear as grand jurors in the jury book after the elimination of the disqualified or excused persons. (f) The remaining grand jurors whose names appear in the jury book after the elimination of disqualified or excused persons shall be considered as alternates and shall be designated in the order as they appear in the jury book to replace regular grand jurors who become incapacitated or who are unavailable. Alternate grand jurors shall not be disqualified from further jury duty as provided in § 16-31-104 until they have been required to report for grand jury service during the year. (g) Grand jurors shall serve during the calendar year in which selected unless sooner discharged by the court. Amended by Act 2017, No. 600,§ 7, eff. 8/1/2017. Crim. Code, § 98; C. & M. Dig., § 2977; Pope's Dig., § 3799; Acts 1975, No. 485, § 6; A.S.A. 1947, §§ 39-217.1, 43-901; Acts 2005, No. 87, § 7.

(a) (1) The selecting, summoning, and impaneling of a grand jury shall be as prescribed by law. (2) (A) Circuit courts to which criminal cases are assigned may call grand jurors from the jury wheel or box from which petit jurors are drawn, or the circuit judge may direct the circuit clerk to provide the minimum number of names for a separate grand jury wheel or box in the minimum number set forth in § 16-32-103(a) -(d). (B) In the event the circuit judge directs the circuit clerk to provide the minimum number of names for a separate grand jury wheel or box, the circuit clerk shall select the names of persons whom the circuit clerk believes to be qualified from the current voter registration list or the enhanced prospective juror list authorized by § 16-32-302 . (3) In either event, when a grand jury is selected, the names of a sufficient number of persons shall be drawn from the appropriate box or wheel to provide a panel of sixteen (16) qualified grand jurors, plus a reasonable number of alternates, after excuses from attendance have been granted to those who are entitled to be excused. (4) As the names are drawn, they shall be recorded in the grand jury book, and the grand jurors shall be summoned and directed to appear in the same manner as provided for petit jurors. (5) The grand jury shall be made up of the first sixteen (16) persons summoned whose names appear as grand jurors in the jury book after the elimination of the disqualified or excused persons. (6) (A) The remaining grand jurors whose names appear in the jury book after the elimination of disqualified or excused persons shall be considered as alternates and shall be designated in the order as they appear in the jury book to replace regular grand jurors who become incapacitated or who are unavailable. (B) Alternate grand jurors shall not be disqualified from further jury duty as provided in § 16-31-104 until they have been required to report for grand jury service during the year. (7) Grand jurors shall serve during the calendar year in which selected unless sooner discharged by the court.

(1) The selecting, summoning, and impaneling of a grand jury shall be as prescribed by law.

(2) (A) Circuit courts to which criminal cases are assigned may call grand jurors from the jury wheel or box from which petit jurors are drawn, or the circuit judge may direct the circuit clerk to provide the minimum number of names for a separate grand jury wheel or box in the minimum number set forth in § 16-32-103(a) -(d). (B) In the event the circuit judge directs the circuit clerk to provide the minimum number of names for a separate grand jury wheel or box, the circuit clerk shall select the names of persons whom the circuit clerk believes to be qualified from the current voter registration list or the enhanced prospective juror list authorized by § 16-32-302 .

(A) Circuit courts to which criminal cases are assigned may call grand jurors from the jury wheel or box from which petit jurors are drawn, or the circuit judge may direct the circuit clerk to provide the minimum number of names for a separate grand jury wheel or box in the minimum number set forth in § 16-32-103(a) -(d).

(B) In the event the circuit judge directs the circuit clerk to provide the minimum number of names for a separate grand jury wheel or box, the circuit clerk shall select the names of persons whom the circuit clerk believes to be qualified from the current voter registration list or the enhanced prospective juror list authorized by § 16-32-302 .

(3) In either event, when a grand jury is selected, the names of a sufficient number of persons shall be drawn from the appropriate box or wheel to provide a panel of sixteen (16) qualified grand jurors, plus a reasonable number of alternates, after excuses from attendance have been granted to those who are entitled to be excused.

(4) As the names are drawn, they shall be recorded in the grand jury book, and the grand jurors shall be summoned and directed to appear in the same manner as provided for petit jurors.

(5) The grand jury shall be made up of the first sixteen (16) persons summoned whose names appear as grand jurors in the jury book after the elimination of the disqualified or excused persons.

(6) (A) The remaining grand jurors whose names appear in the jury book after the elimination of disqualified or excused persons shall be considered as alternates and shall be designated in the order as they appear in the jury book to replace regular grand jurors who become incapacitated or who are unavailable. (B) Alternate grand jurors shall not be disqualified from further jury duty as provided in § 16-31-104 until they have been required to report for grand jury service during the year.

(A) The remaining grand jurors whose names appear in the jury book after the elimination of disqualified or excused persons shall be considered as alternates and shall be designated in the order as they appear in the jury book to replace regular grand jurors who become incapacitated or who are unavailable.

(B) Alternate grand jurors shall not be disqualified from further jury duty as provided in § 16-31-104 until they have been required to report for grand jury service during the year.

(7) Grand jurors shall serve during the calendar year in which selected unless sooner discharged by the court.

(b) The drawing and recording of grand jurors under subsection (a) of this section may be accomplished by a computerized random jury selection process.

(c) In either event, when a grand jury is selected, the names of a sufficient number of persons shall be drawn from the appropriate box or wheel to provide a panel of sixteen (16) qualified grand jurors, plus a reasonable number of alternates, after excuses from attendance have been granted to those who are entitled to be excused.

(d) As the names are drawn, they shall be recorded in the grand jury book, and the grand jurors shall be summoned and directed to appear in the same manner as provided for petit jurors.

(e) The grand jury shall be made up of the first sixteen (16) persons summoned whose names appear as grand jurors in the jury book after the elimination of the disqualified or excused persons.

(f) The remaining grand jurors whose names appear in the jury book after the elimination of disqualified or excused persons shall be considered as alternates and shall be designated in the order as they appear in the jury book to replace regular grand jurors who become incapacitated or who are unavailable. Alternate grand jurors shall not be disqualified from further jury duty as provided in § 16-31-104 until they have been required to report for grand jury service during the year.

(g) Grand jurors shall serve during the calendar year in which selected unless sooner discharged by the court.

Amended by Act 2017, No. 600,§ 7, eff. 8/1/2017.

Crim. Code, § 98; C. & M. Dig., § 2977; Pope's Dig., § 3799; Acts 1975, No. 485, § 6; A.S.A. 1947, §§ 39-217.1, 43-901; Acts 2005, No. 87, § 7.
Ark. Code Ann. § 16-13-225 — AR Code / Title 16 / Chapter 13 / Subchapter 2 / Section 16-13-225
Juvenile cases - Information system
Status: in_force

(a) The Director of the Administrative Office of the Courts shall develop for the circuit courts a case-based management information system, capable of capturing information at each stage of the process of juvenile cases, with the capacity to serve basic administration, operations, planning, evaluation, and monitoring needs. (b) A judge of the circuit court designated to hear juvenile cases in the district plan adopted pursuant to Order 14 of the Administrative Orders of the Supreme Court shall designate an employee of the court to be responsible for the timely completion and submission of information to the Administrative Office of the Courts. Acts 2003, No. 1185, § 79.

(a) The Director of the Administrative Office of the Courts shall develop for the circuit courts a case-based management information system, capable of capturing information at each stage of the process of juvenile cases, with the capacity to serve basic administration, operations, planning, evaluation, and monitoring needs.

(b) A judge of the circuit court designated to hear juvenile cases in the district plan adopted pursuant to Order 14 of the Administrative Orders of the Supreme Court shall designate an employee of the court to be responsible for the timely completion and submission of information to the Administrative Office of the Courts.

Acts 2003, No. 1185, § 79.
Ark. Code Ann. § 16-112-203 — AR Code / Title 16 / Chapter 112 / Subchapter 2 / Section 16-112-203
Contents of motion
Status: in_force

(a) The petition filed under this subchapter shall be entitled in the name of the petitioner versus the State of Arkansas and shall contain: (1) (A) A statement of the facts and the grounds upon which the petition is based and relief desired. (B) All grounds for relief shall be stated in the petition or any amendment to the petition, unless the grounds could not reasonably have been set forth in the petition. (C) The petition may contain argument or citation of authorities; (2) An identification of the proceedings in which the petitioner was convicted, including the date of the entry of conviction and sentence or other disposition complained of; (3) An identification of any previous proceeding, together with the grounds asserted in the previous proceeding, which sought to secure relief for the petitioner from the conviction and sentence or other disposition; and (4) (A) The name and address of any attorney representing the petitioner. (B) If the petitioner is without counsel, the circuit clerk shall immediately transmit a copy of the petition to the judge and shall advise the petitioner of that referral. (b) The filing of the petition and any related documents and any proceedings pursuant to the petition shall be without any costs or fees charged to the petitioner. (c) The petition shall be: (1) Verified by the petitioner or signed by the petitioner's attorney; and (2) Addressed to the court in which the conviction was entered. (d) The circuit clerk shall deliver a copy of the petition to the prosecuting attorney and to the Attorney General. Acts 2001, No. 1780, § 6.

(a) The petition filed under this subchapter shall be entitled in the name of the petitioner versus the State of Arkansas and shall contain: (1) (A) A statement of the facts and the grounds upon which the petition is based and relief desired. (B) All grounds for relief shall be stated in the petition or any amendment to the petition, unless the grounds could not reasonably have been set forth in the petition. (C) The petition may contain argument or citation of authorities; (2) An identification of the proceedings in which the petitioner was convicted, including the date of the entry of conviction and sentence or other disposition complained of; (3) An identification of any previous proceeding, together with the grounds asserted in the previous proceeding, which sought to secure relief for the petitioner from the conviction and sentence or other disposition; and (4) (A) The name and address of any attorney representing the petitioner. (B) If the petitioner is without counsel, the circuit clerk shall immediately transmit a copy of the petition to the judge and shall advise the petitioner of that referral.

(1) (A) A statement of the facts and the grounds upon which the petition is based and relief desired. (B) All grounds for relief shall be stated in the petition or any amendment to the petition, unless the grounds could not reasonably have been set forth in the petition. (C) The petition may contain argument or citation of authorities;

(A) A statement of the facts and the grounds upon which the petition is based and relief desired.

(B) All grounds for relief shall be stated in the petition or any amendment to the petition, unless the grounds could not reasonably have been set forth in the petition.

(C) The petition may contain argument or citation of authorities;

(2) An identification of the proceedings in which the petitioner was convicted, including the date of the entry of conviction and sentence or other disposition complained of;

(3) An identification of any previous proceeding, together with the grounds asserted in the previous proceeding, which sought to secure relief for the petitioner from the conviction and sentence or other disposition; and

(4) (A) The name and address of any attorney representing the petitioner. (B) If the petitioner is without counsel, the circuit clerk shall immediately transmit a copy of the petition to the judge and shall advise the petitioner of that referral.

(A) The name and address of any attorney representing the petitioner.

(B) If the petitioner is without counsel, the circuit clerk shall immediately transmit a copy of the petition to the judge and shall advise the petitioner of that referral.

(b) The filing of the petition and any related documents and any proceedings pursuant to the petition shall be without any costs or fees charged to the petitioner.

(c) The petition shall be: (1) Verified by the petitioner or signed by the petitioner's attorney; and (2) Addressed to the court in which the conviction was entered.

(1) Verified by the petitioner or signed by the petitioner's attorney; and

(2) Addressed to the court in which the conviction was entered.

(d) The circuit clerk shall deliver a copy of the petition to the prosecuting attorney and to the Attorney General.

Acts 2001, No. 1780, § 6.
Ark. Code Ann. § 16-81-304 — AR Code / Title 16 / Chapter 81 / Subchapter 3 / Section 16-81-304
Construction of act
Status: in_force

Section 16 -81-301 shall not make unlawful an arrest which would otherwise be lawful. Acts 1941, No. 19, § 4; A.S.A. 1947, § 43-504.

Section 16 -81-301 shall not make unlawful an arrest which would otherwise be lawful.

Acts 1941, No. 19, § 4; A.S.A. 1947, § 43-504.
Ark. Code Ann. § 16-85-505 — AR Code / Title 16 / Chapter 85 / Subchapter 5 / Section 16-85-505
Witnesses - Oath
Status: in_force

The foreman of the grand jury shall have power to administer the oath to the witnesses appearing before the grand jury. Crim. Code, § 101; C. & M. Dig., § 2987; Pope's Dig., § 3809; A.S.A. 1947, § 43-914.

The foreman of the grand jury shall have power to administer the oath to the witnesses appearing before the grand jury.

Crim. Code, § 101; C. & M. Dig., § 2987; Pope's Dig., § 3809; A.S.A. 1947, § 43-914.
Ark. Code Ann. § 16-65-603 — AR Code / Title 16 / Chapter 65 / Subchapter 6 / Section 16-65-603
Judgments set off against each other
Status: in_force

(a) Judgments for the recovery of money may be set off against each other, having due regard to the legal and equitable rights of all persons interested in both judgments. (b) The setoff may be ordered upon motion after reasonable notice to the adverse party, where both judgments are in the same court, or in an action for equitable relief in the court in which the judgment sought to be annulled by the setoff was rendered. Civil Code, § 409; C. & M. Dig., § 6323; Pope's Dig., § 8278; A.S.A. 1947, § 29-709; Acts 2003, No. 1185, § 199.

(a) Judgments for the recovery of money may be set off against each other, having due regard to the legal and equitable rights of all persons interested in both judgments.

(b) The setoff may be ordered upon motion after reasonable notice to the adverse party, where both judgments are in the same court, or in an action for equitable relief in the court in which the judgment sought to be annulled by the setoff was rendered.

Civil Code, § 409; C. & M. Dig., § 6323; Pope's Dig., § 8278; A.S.A. 1947, § 29-709; Acts 2003, No. 1185, § 199.
Ark. Code Ann. § 16-90-1101 — AR Code / Title 16 / Chapter 90 / Subchapter 11 / Section 16-90-1101
Definitions
Status: in_force

As used in this subchapter: (1) "Crime" means an act or omission committed by a person, whether or not competent or an adult, which is punishable by incarceration if committed by a competent adult; (2) "Member of the victim's family" means the spouse, a child by birth or adoption, a stepchild, a parent, a stepparent, a sibling, or an individual designated by the victim or by a court in which the crime is being or could be prosecuted, but does not include an individual who is accountable for the crime or a crime arising from the same conduct, criminal episode, or plan; (3) "Offense against a victim who is a minor" means: (A) Kidnapping pursuant to § 5-11-102(a)(4) when the victim is a minor and the offender is not the parent of the victim; (B) False imprisonment in the first degree pursuant to § 5-11-103 when the victim is a minor and the offender is not the parent of the victim; (C) Permanent detention or restraint pursuant to § 5-11-106 when the victim is a minor and the offender is not the parent of the victim; (D) Any sex offense when the victim is a minor; (E) An attempt, solicitation, or conspiracy to commit any of the offenses enumerated in this subdivision (3); (F) An adjudication of guilt for an offense of the law of another state, for a federal offense, or for a military offense, which is substantially equivalent to any of the offenses enumerated in this subdivision (3); or (G) A violation of any former law of this state that is substantially equivalent to any of the offenses enumerated in this subdivision (3); (4) "Person" means an individual, corporation, estate, trust, partnership, association, joint venture, governmental entity, agency, or instrumentality, or any other legal entity; (5) "Representative of the victim" means a member of the victim's family or an individual designated by the victim or by a court in which the crime is being or could be prosecuted; (6) "Sex offense" means: (A) Rape, § 5-14-103 ; (B) Sexual indecency with a child, § 5-14-110 , if the offense is a felony; (C) Sexual assault in the first degree, § 5-14-124 ; (D) Sexual assault in the second degree, § 5-14-125 ; (E) Sexual assault in the third degree, § 5-14-126 ; (F) Sexual assault in the fourth degree, § 5-14-127 ; (G) Incest, § 5-26-202 ; (H) Engaging children in sexually explicit conduct for use in visual or print medium, § 5-27-303 ; (I) Transportation of minors for prohibited sexual conduct, § 5-27-305 ; (J) Employing or consenting to use of a child in sexual performance, § 5-27-402 ; (K) Producing, directing, or promoting a sexual performance by a child, § 5-27-403 ; (L) Possession or use of child sexual abuse material, § 5-27-603 ; (M) Computer exploitation of a child in the first degree, § 5-27-605(a) ; (N) Promoting prostitution in the first degree, § 5-70-104 ; (O) Stalking, § 5-71-229 ; (P) An attempt, solicitation, or conspiracy to commit any of the offenses enumerated in this subdivision (6); (Q) An adjudication of guilt for an offense of the law of another state, for a federal offense, or for a military offense, which is substantially equivalent to any of the offenses enumerated in this subdivision (6); (R) A violation of any former law of this state that is substantially equivalent to any of the offenses enumerated in this subdivision (6); or (S) Sexual extortion, § 5-14-113 ; (7) "State" means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or any territory or insular possession subject to the jurisdiction of the United States; (8) "Victim" means a victim of a sex offense or an offense against a victim who is a minor and a victim of any violent crime, but does not include a person who is accountable for the crime or a crime arising from the same conduct, criminal episode, or plan and does not include a governmental entity; and (9) "Violent crime" means any felony or Class A misdemeanor which resulted in physical injury to the victim, any felony or Class A misdemeanor involving the use of a deadly weapon, terroristic threatening in the first degree, § 5-13-301(a) , and stalking, as defined in § 5-71-229 . Amended by Act 2023, No. 619,§ 18, eff. 8/1/2023. Amended by Act 2023, No. 415,§ 1, eff. 8/1/2023. Amended by Act 2023, No. 21,§ 9, eff. 8/1/2023. Amended by Act 2017, No. 664,§ 8, eff. 8/1/2017. Acts 1997, No. 1262, § 1; 2003, No. 1087, § 13; 2003, No. 1390, § 8.

As used in this subchapter:

(1) "Crime" means an act or omission committed by a person, whether or not competent or an adult, which is punishable by incarceration if committed by a competent adult;

(2) "Member of the victim's family" means the spouse, a child by birth or adoption, a stepchild, a parent, a stepparent, a sibling, or an individual designated by the victim or by a court in which the crime is being or could be prosecuted, but does not include an individual who is accountable for the crime or a crime arising from the same conduct, criminal episode, or plan;

(3) "Offense against a victim who is a minor" means: (A) Kidnapping pursuant to § 5-11-102(a)(4) when the victim is a minor and the offender is not the parent of the victim; (B) False imprisonment in the first degree pursuant to § 5-11-103 when the victim is a minor and the offender is not the parent of the victim; (C) Permanent detention or restraint pursuant to § 5-11-106 when the victim is a minor and the offender is not the parent of the victim; (D) Any sex offense when the victim is a minor; (E) An attempt, solicitation, or conspiracy to commit any of the offenses enumerated in this subdivision (3); (F) An adjudication of guilt for an offense of the law of another state, for a federal offense, or for a military offense, which is substantially equivalent to any of the offenses enumerated in this subdivision (3); or (G) A violation of any former law of this state that is substantially equivalent to any of the offenses enumerated in this subdivision (3);

(A) Kidnapping pursuant to § 5-11-102(a)(4) when the victim is a minor and the offender is not the parent of the victim;

(B) False imprisonment in the first degree pursuant to § 5-11-103 when the victim is a minor and the offender is not the parent of the victim;

(C) Permanent detention or restraint pursuant to § 5-11-106 when the victim is a minor and the offender is not the parent of the victim;

(D) Any sex offense when the victim is a minor;

(E) An attempt, solicitation, or conspiracy to commit any of the offenses enumerated in this subdivision (3);

(F) An adjudication of guilt for an offense of the law of another state, for a federal offense, or for a military offense, which is substantially equivalent to any of the offenses enumerated in this subdivision (3); or

(G) A violation of any former law of this state that is substantially equivalent to any of the offenses enumerated in this subdivision (3);

(4) "Person" means an individual, corporation, estate, trust, partnership, association, joint venture, governmental entity, agency, or instrumentality, or any other legal entity;

(5) "Representative of the victim" means a member of the victim's family or an individual designated by the victim or by a court in which the crime is being or could be prosecuted;

(6) "Sex offense" means: (A) Rape, § 5-14-103 ; (B) Sexual indecency with a child, § 5-14-110 , if the offense is a felony; (C) Sexual assault in the first degree, § 5-14-124 ; (D) Sexual assault in the second degree, § 5-14-125 ; (E) Sexual assault in the third degree, § 5-14-126 ; (F) Sexual assault in the fourth degree, § 5-14-127 ; (G) Incest, § 5-26-202 ; (H) Engaging children in sexually explicit conduct for use in visual or print medium, § 5-27-303 ; (I) Transportation of minors for prohibited sexual conduct, § 5-27-305 ; (J) Employing or consenting to use of a child in sexual performance, § 5-27-402 ; (K) Producing, directing, or promoting a sexual performance by a child, § 5-27-403 ; (L) Possession or use of child sexual abuse material, § 5-27-603 ; (M) Computer exploitation of a child in the first degree, § 5-27-605(a) ; (N) Promoting prostitution in the first degree, § 5-70-104 ; (O) Stalking, § 5-71-229 ; (P) An attempt, solicitation, or conspiracy to commit any of the offenses enumerated in this subdivision (6); (Q) An adjudication of guilt for an offense of the law of another state, for a federal offense, or for a military offense, which is substantially equivalent to any of the offenses enumerated in this subdivision (6); (R) A violation of any former law of this state that is substantially equivalent to any of the offenses enumerated in this subdivision (6); or (S) Sexual extortion, § 5-14-113 ;

(A) Rape, § 5-14-103 ;

(B) Sexual indecency with a child, § 5-14-110 , if the offense is a felony;

(C) Sexual assault in the first degree, § 5-14-124 ;

(D) Sexual assault in the second degree, § 5-14-125 ;

(E) Sexual assault in the third degree, § 5-14-126 ;

(F) Sexual assault in the fourth degree, § 5-14-127 ;

(G) Incest, § 5-26-202 ;

(H) Engaging children in sexually explicit conduct for use in visual or print medium, § 5-27-303 ;

(I) Transportation of minors for prohibited sexual conduct, § 5-27-305 ;

(J) Employing or consenting to use of a child in sexual performance, § 5-27-402 ;

(K) Producing, directing, or promoting a sexual performance by a child, § 5-27-403 ;

(L) Possession or use of child sexual abuse material, § 5-27-603 ;

(M) Computer exploitation of a child in the first degree, § 5-27-605(a) ;

(N) Promoting prostitution in the first degree, § 5-70-104 ;

(O) Stalking, § 5-71-229 ;

(P) An attempt, solicitation, or conspiracy to commit any of the offenses enumerated in this subdivision (6);

(Q) An adjudication of guilt for an offense of the law of another state, for a federal offense, or for a military offense, which is substantially equivalent to any of the offenses enumerated in this subdivision (6);

(R) A violation of any former law of this state that is substantially equivalent to any of the offenses enumerated in this subdivision (6); or

(S) Sexual extortion, § 5-14-113 ;

(7) "State" means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or any territory or insular possession subject to the jurisdiction of the United States;

(8) "Victim" means a victim of a sex offense or an offense against a victim who is a minor and a victim of any violent crime, but does not include a person who is accountable for the crime or a crime arising from the same conduct, criminal episode, or plan and does not include a governmental entity; and

(9) "Violent crime" means any felony or Class A misdemeanor which resulted in physical injury to the victim, any felony or Class A misdemeanor involving the use of a deadly weapon, terroristic threatening in the first degree, § 5-13-301(a) , and stalking, as defined in § 5-71-229 .

Amended by Act 2023, No. 619,§ 18, eff. 8/1/2023.

Amended by Act 2023, No. 415,§ 1, eff. 8/1/2023.

Amended by Act 2023, No. 21,§ 9, eff. 8/1/2023.

Amended by Act 2017, No. 664,§ 8, eff. 8/1/2017.

Acts 1997, No. 1262, § 1; 2003, No. 1087, § 13; 2003, No. 1390, § 8.
Ark. Code Ann. § 16-89-106 — AR Code / Title 16 / Chapter 89 / Section 16-89-106
Defendant on bail for felony indictment
Status: in_force

During the trial of an indictment for felony, when the defendant is on bail, he or she may remain on bail or be committed to and remain in the custody of the proper officer, as the court may direct. Crim. Code, § 228; C. & M. Dig., § 3138; Pope's Dig., § 3974; A.S.A. 1947, § 43-2103.

During the trial of an indictment for felony, when the defendant is on bail, he or she may remain on bail or be committed to and remain in the custody of the proper officer, as the court may direct.

Crim. Code, § 228; C. & M. Dig., § 3138; Pope's Dig., § 3974; A.S.A. 1947, § 43-2103.
Ark. Code Ann. § 16-89-116 — AR Code / Title 16 / Chapter 89 / Section 16-89-116
Documents - Discovery and inspection
Status: in_force

(a) Upon motion of a defendant, the court may order the prosecuting attorney to permit the defendant to inspect and copy or photograph any relevant: (1) Written or recorded statements or confessions made by the defendant, or copies thereof, within the possession, custody, or control of the state, the existence of which is known or by the exercise of due diligence may become known to the prosecuting attorney; (2) Results or reports of physical or mental examinations and of scientific tests or experiments made in connection with the particular case, or copies thereof, within the possession, custody, or control of the state, the existence of which is known or by the exercise of due diligence may become known to the prosecuting attorney; and (3) Recorded testimony of the defendant before a grand jury. (b) Upon motion of a defendant, the court may order the prosecuting attorney to permit the defendant to inspect and copy or photograph books, papers, documents, tangible objects, buildings, or places, or copies or portions thereof, which are within the possession, custody, or control of the state, upon a showing of materiality to the preparation of his or her defense and that the request is reasonable. Except as provided in subdivision (a)(2) of this section, this section does not authorize the discovery or inspection of reports, memoranda, or other internal state documents made by state agents in connection with the investigation or prosecution of the case, or of statements made by state witnesses or prospective state witnesses, other than the defendant, to agents of the state except as provided in § 16-89-115(a) -(e). (c) If the court grants relief sought by the defendant under subdivision (a)(2) or subsection (b) of this section, it may, upon motion of the state, condition its order by requiring that the defendant permit the state to inspect and copy or photograph scientific or medical reports, books, papers, documents, tangible objects, or copies or portions thereof, which the defendant intends to produce at the trial and which are within his or her possession, custody, or control, upon a showing of materiality to the preparation of the state's case and that the request is reasonable. Except as to scientific or medical reports, this subsection does not authorize the discovery or inspection of reports, memoranda, or other internal defense documents made by the defendant or his attorneys or agents in connection with the investigation or defense of the case or of statements made by the defendant or by state or defense witnesses, or by prospective state or defense witnesses, to the defendant, his agents, or attorneys. (d) An order of the court granting relief under this section shall specify the time, place, and manner of making the discovery and inspection permitted and may prescribe such terms and conditions as are just. (e) (1) Upon a sufficient showing, the court may at any time order that the discovery or inspection be denied, restricted, or deferred, or make such other order as is appropriate. (2) Upon motion by the state, the court may permit the state to make the showing, in whole or in part, in the form of a written statement to be inspected by the court in camera. (3) If the court enters an order granting relief following a showing in camera the entire text of the state's statement shall be sealed and preserved in the records of the court to be made available to the appellate court in the event of an appeal by the defendant. (f) A motion under this section may be made only within ten (10) days after arraignment or at such reasonable later time as the court may permit. (1) The motion shall include all relief sought under this section. (2) A subsequent motion may be made only upon a showing of cause why the motion would be in the interest of justice. (g) (1) If, subsequent to compliance with an order issued pursuant to this section, and prior to or during trial, a party discovers additional material previously requested or ordered which is subject to discovery or inspection under this section, he or she shall promptly notify the other party or his or her attorney or the court of the existence of the additional material. (2) If at any time during the course of the proceedings it is brought to the attention of the court that a party has failed to comply with this section or with an order issued pursuant to this section, the court may order the party to permit the discovery or inspection of materials not previously disclosed, grant a continuance, or prohibit the party from introducing in evidence the material not disclosed, or it may enter such other order as it deems just under the circumstances. (h) The provisions of this section shall be applicable to the district, city, and circuit courts of this state. Acts 1971, No. 381, §§ 2, 4; A.S.A. 1947, §§ 43-2011.2, 43-2011.4; Acts 2003, No. 1185, §§ 213, 214.

(a) Upon motion of a defendant, the court may order the prosecuting attorney to permit the defendant to inspect and copy or photograph any relevant: (1) Written or recorded statements or confessions made by the defendant, or copies thereof, within the possession, custody, or control of the state, the existence of which is known or by the exercise of due diligence may become known to the prosecuting attorney; (2) Results or reports of physical or mental examinations and of scientific tests or experiments made in connection with the particular case, or copies thereof, within the possession, custody, or control of the state, the existence of which is known or by the exercise of due diligence may become known to the prosecuting attorney; and (3) Recorded testimony of the defendant before a grand jury.

(1) Written or recorded statements or confessions made by the defendant, or copies thereof, within the possession, custody, or control of the state, the existence of which is known or by the exercise of due diligence may become known to the prosecuting attorney;

(2) Results or reports of physical or mental examinations and of scientific tests or experiments made in connection with the particular case, or copies thereof, within the possession, custody, or control of the state, the existence of which is known or by the exercise of due diligence may become known to the prosecuting attorney; and

(3) Recorded testimony of the defendant before a grand jury.

(b) Upon motion of a defendant, the court may order the prosecuting attorney to permit the defendant to inspect and copy or photograph books, papers, documents, tangible objects, buildings, or places, or copies or portions thereof, which are within the possession, custody, or control of the state, upon a showing of materiality to the preparation of his or her defense and that the request is reasonable. Except as provided in subdivision (a)(2) of this section, this section does not authorize the discovery or inspection of reports, memoranda, or other internal state documents made by state agents in connection with the investigation or prosecution of the case, or of statements made by state witnesses or prospective state witnesses, other than the defendant, to agents of the state except as provided in § 16-89-115(a) -(e).

(c) If the court grants relief sought by the defendant under subdivision (a)(2) or subsection (b) of this section, it may, upon motion of the state, condition its order by requiring that the defendant permit the state to inspect and copy or photograph scientific or medical reports, books, papers, documents, tangible objects, or copies or portions thereof, which the defendant intends to produce at the trial and which are within his or her possession, custody, or control, upon a showing of materiality to the preparation of the state's case and that the request is reasonable. Except as to scientific or medical reports, this subsection does not authorize the discovery or inspection of reports, memoranda, or other internal defense documents made by the defendant or his attorneys or agents in connection with the investigation or defense of the case or of statements made by the defendant or by state or defense witnesses, or by prospective state or defense witnesses, to the defendant, his agents, or attorneys.

(d) An order of the court granting relief under this section shall specify the time, place, and manner of making the discovery and inspection permitted and may prescribe such terms and conditions as are just.

(e) (1) Upon a sufficient showing, the court may at any time order that the discovery or inspection be denied, restricted, or deferred, or make such other order as is appropriate. (2) Upon motion by the state, the court may permit the state to make the showing, in whole or in part, in the form of a written statement to be inspected by the court in camera. (3) If the court enters an order granting relief following a showing in camera the entire text of the state's statement shall be sealed and preserved in the records of the court to be made available to the appellate court in the event of an appeal by the defendant.

(1) Upon a sufficient showing, the court may at any time order that the discovery or inspection be denied, restricted, or deferred, or make such other order as is appropriate.

(2) Upon motion by the state, the court may permit the state to make the showing, in whole or in part, in the form of a written statement to be inspected by the court in camera.

(3) If the court enters an order granting relief following a showing in camera the entire text of the state's statement shall be sealed and preserved in the records of the court to be made available to the appellate court in the event of an appeal by the defendant.

(f) A motion under this section may be made only within ten (10) days after arraignment or at such reasonable later time as the court may permit. (1) The motion shall include all relief sought under this section. (2) A subsequent motion may be made only upon a showing of cause why the motion would be in the interest of justice.

(1) The motion shall include all relief sought under this section.

(2) A subsequent motion may be made only upon a showing of cause why the motion would be in the interest of justice.

(g) (1) If, subsequent to compliance with an order issued pursuant to this section, and prior to or during trial, a party discovers additional material previously requested or ordered which is subject to discovery or inspection under this section, he or she shall promptly notify the other party or his or her attorney or the court of the existence of the additional material. (2) If at any time during the course of the proceedings it is brought to the attention of the court that a party has failed to comply with this section or with an order issued pursuant to this section, the court may order the party to permit the discovery or inspection of materials not previously disclosed, grant a continuance, or prohibit the party from introducing in evidence the material not disclosed, or it may enter such other order as it deems just under the circumstances.

(1) If, subsequent to compliance with an order issued pursuant to this section, and prior to or during trial, a party discovers additional material previously requested or ordered which is subject to discovery or inspection under this section, he or she shall promptly notify the other party or his or her attorney or the court of the existence of the additional material.

(2) If at any time during the course of the proceedings it is brought to the attention of the court that a party has failed to comply with this section or with an order issued pursuant to this section, the court may order the party to permit the discovery or inspection of materials not previously disclosed, grant a continuance, or prohibit the party from introducing in evidence the material not disclosed, or it may enter such other order as it deems just under the circumstances.

(h) The provisions of this section shall be applicable to the district, city, and circuit courts of this state.

Acts 1971, No. 381, §§ 2, 4; A.S.A. 1947, §§ 43-2011.2, 43-2011.4; Acts 2003, No. 1185, §§ 213, 214.
Ark. Code Ann. § 16-89-115 — AR Code / Title 16 / Chapter 89 / Section 16-89-115
Documents - Production where in possession of state
Status: in_force

(a) In any criminal prosecution brought by the State of Arkansas, no statement or report in the possession of the state which was made by a state witness or prospective state witness, other than the defendant, to an agent of the state shall be subject to subpoena, discovery, or inspection until the witness has testified on direct examination in the trial of the case. (b) After a witness called by the state has testified on direct examination, the court on motion of the defendant shall order the state to produce any statement, as defined in subsection (e) of this section, of the witness in the possession of the state which relates to the subject matter as to which the witness has testified. If the entire contents of the statement relate to the subject matter of the testimony of the witness, the court shall order it to be delivered directly to the defendant for his or her examination and use. (c) (1) If the state claims that any statement ordered to be produced under this section contains matter which does not relate to the subject matter of the testimony of the witness, the court shall order the state to deliver the statement for the inspection of the court in camera. (2) Upon the delivery, the court shall excise the portions of the statement which do not relate to the subject matter of the testimony of the witness. (3) With the material excised, the court shall then direct delivery of the statement to the defendant for his or her use. (4) If, pursuant to the procedure, any portion of the statement is withheld from the defendant and the defendant objects to the withholding, and the trial is continued to an adjudication of the guilt of the defendant, the entire text of the statement shall be preserved by the state and, in the event the defendant appeals, shall be made available to the appellate court for the purpose of determining the correctness of the ruling of the trial judge. (5) Whenever any statement is delivered to a defendant pursuant to this section, the court, in its discretion and upon application of the defendant, may recess proceedings in the trial for such time as it may determine to be reasonably required for the examination of the statement by the defendant and his or her preparation for its use in the trial. (d) If the state elects not to comply with an order of the court under subsection (b) or (c) of this section to deliver to the defendant any statement, or portion thereof, as the court may direct, the court shall strike from the record the testimony of the witness and the trial shall proceed unless the court in its discretion shall determine that the interests of justice require that a mistrial be declared. (e) The term "statement", as used in this section in relation to any witness called by the state, means: (1) A written statement made by the witness and signed or otherwise adopted or approved by him or her; or (2) A stenographic, mechanical, electrical, or other recording, or a transcription thereof, which is a substantially verbatim recital of an oral statement made by the witness to an agent of the state and recorded contemporaneously with the making of the oral statement. (f) The provisions of this section shall be applicable to the district, city, and circuit courts of this state. Acts 1971, No. 381, §§ 3, 4; A.S.A. 1947, §§ 43-2011.3, 43-2011.4; Acts 2003, No. 1185, § 211; 2003, No. 1185, §§ 211, 212.

(a) In any criminal prosecution brought by the State of Arkansas, no statement or report in the possession of the state which was made by a state witness or prospective state witness, other than the defendant, to an agent of the state shall be subject to subpoena, discovery, or inspection until the witness has testified on direct examination in the trial of the case.

(b) After a witness called by the state has testified on direct examination, the court on motion of the defendant shall order the state to produce any statement, as defined in subsection (e) of this section, of the witness in the possession of the state which relates to the subject matter as to which the witness has testified. If the entire contents of the statement relate to the subject matter of the testimony of the witness, the court shall order it to be delivered directly to the defendant for his or her examination and use.

(c) (1) If the state claims that any statement ordered to be produced under this section contains matter which does not relate to the subject matter of the testimony of the witness, the court shall order the state to deliver the statement for the inspection of the court in camera. (2) Upon the delivery, the court shall excise the portions of the statement which do not relate to the subject matter of the testimony of the witness. (3) With the material excised, the court shall then direct delivery of the statement to the defendant for his or her use. (4) If, pursuant to the procedure, any portion of the statement is withheld from the defendant and the defendant objects to the withholding, and the trial is continued to an adjudication of the guilt of the defendant, the entire text of the statement shall be preserved by the state and, in the event the defendant appeals, shall be made available to the appellate court for the purpose of determining the correctness of the ruling of the trial judge. (5) Whenever any statement is delivered to a defendant pursuant to this section, the court, in its discretion and upon application of the defendant, may recess proceedings in the trial for such time as it may determine to be reasonably required for the examination of the statement by the defendant and his or her preparation for its use in the trial.

(1) If the state claims that any statement ordered to be produced under this section contains matter which does not relate to the subject matter of the testimony of the witness, the court shall order the state to deliver the statement for the inspection of the court in camera.

(2) Upon the delivery, the court shall excise the portions of the statement which do not relate to the subject matter of the testimony of the witness.

(3) With the material excised, the court shall then direct delivery of the statement to the defendant for his or her use.

(4) If, pursuant to the procedure, any portion of the statement is withheld from the defendant and the defendant objects to the withholding, and the trial is continued to an adjudication of the guilt of the defendant, the entire text of the statement shall be preserved by the state and, in the event the defendant appeals, shall be made available to the appellate court for the purpose of determining the correctness of the ruling of the trial judge.

(5) Whenever any statement is delivered to a defendant pursuant to this section, the court, in its discretion and upon application of the defendant, may recess proceedings in the trial for such time as it may determine to be reasonably required for the examination of the statement by the defendant and his or her preparation for its use in the trial.

(d) If the state elects not to comply with an order of the court under subsection (b) or (c) of this section to deliver to the defendant any statement, or portion thereof, as the court may direct, the court shall strike from the record the testimony of the witness and the trial shall proceed unless the court in its discretion shall determine that the interests of justice require that a mistrial be declared.

(e) The term "statement", as used in this section in relation to any witness called by the state, means: (1) A written statement made by the witness and signed or otherwise adopted or approved by him or her; or (2) A stenographic, mechanical, electrical, or other recording, or a transcription thereof, which is a substantially verbatim recital of an oral statement made by the witness to an agent of the state and recorded contemporaneously with the making of the oral statement.

(1) A written statement made by the witness and signed or otherwise adopted or approved by him or her; or

(2) A stenographic, mechanical, electrical, or other recording, or a transcription thereof, which is a substantially verbatim recital of an oral statement made by the witness to an agent of the state and recorded contemporaneously with the making of the oral statement.

(f) The provisions of this section shall be applicable to the district, city, and circuit courts of this state.

Acts 1971, No. 381, §§ 3, 4; A.S.A. 1947, §§ 43-2011.3, 43-2011.4; Acts 2003, No. 1185, § 211; 2003, No. 1185, §§ 211, 212.
Ark. Code Ann. § 16-42-101 — AR Code / Title 16 / Chapter 42 / Section 16-42-101
Admissibility of evidence of victim's prior sexual conduct - Definition
Status: in_force

(a) As used in this section, unless the context otherwise requires, "sexual conduct" means deviate sexual activity, sexual contact, or sexual intercourse, as those terms are defined by § 5-14-101 . (b) In a criminal prosecution under § 5-14-101 et seq., except for a misdemeanor violation of sexual indecency with a child, § 5-14-110 , the Human Trafficking Act of 2013, § 5-18-101 et seq., or § 5-26-202 , or for criminal attempt to commit, criminal solicitation to commit, or criminal conspiracy to commit an offense defined in any of those sections, opinion evidence, reputation evidence, or evidence of specific instances of the victim's prior sexual conduct with the defendant or any other person, evidence of a victim's prior allegations of sexual conduct with the defendant or any other person, evidence of a person's prior sexual conduct when the person was a victim of human trafficking, which allegations the victim asserts to be true, or evidence offered by the defendant concerning prior allegations of sexual conduct by the victim with the defendant or any other person if the victim denies making the allegations is not admissible by the defendant, either through direct examination of any defense witness or through cross-examination of the victim or other prosecution witness, to attack the credibility of the victim, to prove consent or any other defense, or for any other purpose. (c) Notwithstanding the prohibition contained in subsection (b) of this section, evidence directly pertaining to the act upon which the prosecution is based or evidence of the victim's prior sexual conduct with the defendant or any other person may be admitted at the trial if the relevancy of the evidence is determined in the following manner: (1) A written motion shall be filed by the defendant with the court at any time prior to the time the defense rests stating that the defendant has an offer of relevant evidence prohibited by subsection (b) of this section and the purpose for which the evidence is believed relevant; (2) (A) A hearing on the motion shall be held in camera no later than three (3) days before the trial is scheduled to begin, or at such later time as the court may for good cause permit. (B) A written record shall be made of the in camera hearing and shall be furnished to the Supreme Court on appeal. (C) If, following the hearing, the court determines that the offered proof is relevant to a fact in issue, and that its probative value outweighs its inflammatory or prejudicial nature, the court shall make a written order stating what evidence, if any, may be introduced by the defendant and the nature of the questions to be permitted in accordance with the applicable rules of evidence; and (3) (A) If the court determines that some or all of the offered proof is relevant to a fact in issue, the victim shall be told of the court's order and given the opportunity to consult in private with the prosecuting attorney. (B) If the prosecuting attorney is satisfied that the order substantially prejudices the prosecution of the case, an interlocutory appeal on behalf of the state may be taken in accordance with Rule 36.10 (a) and (c), Arkansas Rules of Criminal Procedure. (C) Further proceedings in the trial court shall be stayed pending determination of the appeal. However, a decision by the Supreme Court sustaining in its entirety the order appealed shall not bar further proceedings against the defendant on the charge. (d) In the event the defendant has not filed a written motion or a written motion has been filed and the court has determined that the offered proof is not relevant to a fact in issue, any willful attempt by counsel or a defendant to make any reference to the evidence prohibited by subsection (b) of this section in the presence of the jury may subject counsel or a defendant to appropriate sanctions by the court. Amended by Act 2023, No. 619,§ 16, eff. 8/1/2023. Amended by Act 2019, No. 842,§ 1, eff. 7/24/2019. Acts 1977, No. 197, §§ 1-4; 1983, No. 889, § 1; A.S.A. 1947, §§ 41-1810.1 -- 41-1810.4; Acts 1993, No. 934, §§ 1-3; 1997, No. 970, § 1.

(a) As used in this section, unless the context otherwise requires, "sexual conduct" means deviate sexual activity, sexual contact, or sexual intercourse, as those terms are defined by § 5-14-101 .

(b) In a criminal prosecution under § 5-14-101 et seq., except for a misdemeanor violation of sexual indecency with a child, § 5-14-110 , the Human Trafficking Act of 2013, § 5-18-101 et seq., or § 5-26-202 , or for criminal attempt to commit, criminal solicitation to commit, or criminal conspiracy to commit an offense defined in any of those sections, opinion evidence, reputation evidence, or evidence of specific instances of the victim's prior sexual conduct with the defendant or any other person, evidence of a victim's prior allegations of sexual conduct with the defendant or any other person, evidence of a person's prior sexual conduct when the person was a victim of human trafficking, which allegations the victim asserts to be true, or evidence offered by the defendant concerning prior allegations of sexual conduct by the victim with the defendant or any other person if the victim denies making the allegations is not admissible by the defendant, either through direct examination of any defense witness or through cross-examination of the victim or other prosecution witness, to attack the credibility of the victim, to prove consent or any other defense, or for any other purpose.

(c) Notwithstanding the prohibition contained in subsection (b) of this section, evidence directly pertaining to the act upon which the prosecution is based or evidence of the victim's prior sexual conduct with the defendant or any other person may be admitted at the trial if the relevancy of the evidence is determined in the following manner: (1) A written motion shall be filed by the defendant with the court at any time prior to the time the defense rests stating that the defendant has an offer of relevant evidence prohibited by subsection (b) of this section and the purpose for which the evidence is believed relevant; (2) (A) A hearing on the motion shall be held in camera no later than three (3) days before the trial is scheduled to begin, or at such later time as the court may for good cause permit. (B) A written record shall be made of the in camera hearing and shall be furnished to the Supreme Court on appeal. (C) If, following the hearing, the court determines that the offered proof is relevant to a fact in issue, and that its probative value outweighs its inflammatory or prejudicial nature, the court shall make a written order stating what evidence, if any, may be introduced by the defendant and the nature of the questions to be permitted in accordance with the applicable rules of evidence; and (3) (A) If the court determines that some or all of the offered proof is relevant to a fact in issue, the victim shall be told of the court's order and given the opportunity to consult in private with the prosecuting attorney. (B) If the prosecuting attorney is satisfied that the order substantially prejudices the prosecution of the case, an interlocutory appeal on behalf of the state may be taken in accordance with Rule 36.10 (a) and (c), Arkansas Rules of Criminal Procedure. (C) Further proceedings in the trial court shall be stayed pending determination of the appeal. However, a decision by the Supreme Court sustaining in its entirety the order appealed shall not bar further proceedings against the defendant on the charge.

(1) A written motion shall be filed by the defendant with the court at any time prior to the time the defense rests stating that the defendant has an offer of relevant evidence prohibited by subsection (b) of this section and the purpose for which the evidence is believed relevant;

(2) (A) A hearing on the motion shall be held in camera no later than three (3) days before the trial is scheduled to begin, or at such later time as the court may for good cause permit. (B) A written record shall be made of the in camera hearing and shall be furnished to the Supreme Court on appeal. (C) If, following the hearing, the court determines that the offered proof is relevant to a fact in issue, and that its probative value outweighs its inflammatory or prejudicial nature, the court shall make a written order stating what evidence, if any, may be introduced by the defendant and the nature of the questions to be permitted in accordance with the applicable rules of evidence; and

(A) A hearing on the motion shall be held in camera no later than three (3) days before the trial is scheduled to begin, or at such later time as the court may for good cause permit.

(B) A written record shall be made of the in camera hearing and shall be furnished to the Supreme Court on appeal.

(C) If, following the hearing, the court determines that the offered proof is relevant to a fact in issue, and that its probative value outweighs its inflammatory or prejudicial nature, the court shall make a written order stating what evidence, if any, may be introduced by the defendant and the nature of the questions to be permitted in accordance with the applicable rules of evidence; and

(3) (A) If the court determines that some or all of the offered proof is relevant to a fact in issue, the victim shall be told of the court's order and given the opportunity to consult in private with the prosecuting attorney. (B) If the prosecuting attorney is satisfied that the order substantially prejudices the prosecution of the case, an interlocutory appeal on behalf of the state may be taken in accordance with Rule 36.10 (a) and (c), Arkansas Rules of Criminal Procedure. (C) Further proceedings in the trial court shall be stayed pending determination of the appeal. However, a decision by the Supreme Court sustaining in its entirety the order appealed shall not bar further proceedings against the defendant on the charge.

(A) If the court determines that some or all of the offered proof is relevant to a fact in issue, the victim shall be told of the court's order and given the opportunity to consult in private with the prosecuting attorney.

(B) If the prosecuting attorney is satisfied that the order substantially prejudices the prosecution of the case, an interlocutory appeal on behalf of the state may be taken in accordance with Rule 36.10 (a) and (c), Arkansas Rules of Criminal Procedure.

(C) Further proceedings in the trial court shall be stayed pending determination of the appeal. However, a decision by the Supreme Court sustaining in its entirety the order appealed shall not bar further proceedings against the defendant on the charge.

(d) In the event the defendant has not filed a written motion or a written motion has been filed and the court has determined that the offered proof is not relevant to a fact in issue, any willful attempt by counsel or a defendant to make any reference to the evidence prohibited by subsection (b) of this section in the presence of the jury may subject counsel or a defendant to appropriate sanctions by the court.

Amended by Act 2023, No. 619,§ 16, eff. 8/1/2023.

Amended by Act 2019, No. 842,§ 1, eff. 7/24/2019.

Acts 1977, No. 197, §§ 1-4; 1983, No. 889, § 1; A.S.A. 1947, §§ 41-1810.1 -- 41-1810.4; Acts 1993, No. 934, §§ 1-3; 1997, No. 970, § 1.
Ark. Code Ann. § 16-19-608 — AR Code / Title 16 / Chapter 19 / Subchapter 6 / Section 16-19-608
[Repealed]
Status: repealed

Repealed by Act 2021, No. 475,§ 15, eff. 7/28/2021. Acts 1873, No. 135, §§ 28, 29, p. 430; C. & M. Dig., §§ 6436, 6437; Pope's Dig., §§ 8398, 8399; A.S.A. 1947, §§ 26-613, 26-614.

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

Acts 1873, No. 135, §§ 28, 29, p. 430; C. & M. Dig., §§ 6436, 6437; Pope's Dig., §§ 8398, 8399; A.S.A. 1947, §§ 26-613, 26-614.
Ark. Code Ann. § 16-13-3002 — AR Code / Title 16 / Chapter 13 / Subchapter 30 / Section 16-13-3002
Judges and chancellors
Status: in_force

(a) As of January 1, 1999, the Circuit-Chancery Judge of the Nineteenth Judicial District, who sits as judge of the juvenile division and Division Three of the circuit and chancery courts, is hereby designated as the Circuit-Chancery Judge of the Nineteenth Judicial District-East and shall sit as the judge of the circuit, chancery and probate courts and the juvenile division. (b) At the 1998 General Election, the qualified electors of the Nineteenth Judicial District-East shall elect the circuit-chancery judge to take office on January 1, 1999. (c) As of January 1, 1999, the Nineteenth Judicial District-West shall be served by one (1) Circuit Judge of the First Division; one (1) Circuit Judge of the Second Division; one (1) Chancery Judge of the First Division; one (1) Chancery Judge of the Second Division; and an additional circuit-chancery judge who shall perform the duties of the judge of the juvenile division and sit as judge of the circuit, chancery or probate court as time permits. The additional circuit-chancery judge shall be elected in 1998 to take office on January 1, 1999. (d) As of the 1998 general election, the circuit, chancery, and circuit-chancery judges of the Nineteenth Judicial District-West shall hereafter be elected by qualified electors of the Nineteenth Judicial District-West. The current chancery judges shall serve the balance of their terms in the Nineteenth Judicial District-West. (e) There shall be provided for the judge of the circuit-chancery judgeship created by this section a court reporter and a trial court administrative assistant whose salaries shall be fixed and paid in the manner provided by law for court reporters and trial court administrative assistants of the circuit and chancery courts of this state. (f) All existing laws not in conflict herewith pertaining to the Nineteenth Judicial District shall apply to the Nineteenth Judicial District-East and the Nineteenth Judicial District-West. (g) The judges of the Nineteenth Judicial District-East and the Nineteenth Judicial District-West may, by agreement, temporarily exchange districts or hold court for each other as they deem necessary or appropriate. (h) (1) Effective January 1, 2009, there is created in the Nineteenth Judicial District-West an additional circuit judgeship that shall have jurisdiction in law, equity, probate, and juvenile matters. (2) (A) The qualified electors of the Nineteenth Judicial District-West shall elect the additional circuit judge created by subdivision (h)(1) of this section at the 2008 preferential primary election to take office on January 1, 2009. (B) The additional circuit judge shall be elected from the Nineteenth Judicial District-West, shall satisfy the same qualifications for holding office, and shall receive the same salary, expenses, and other allowances as provided by law for judges of the circuit courts. (C) The circuit judge shall serve for elected terms of six (6) years. (3) The county that composes the Nineteenth Judicial District-West shall provide courtroom and office facilities and supplies for the judge of the circuit judgeship created by subdivision (h)(1) of this section, which shall be paid out of the county treasury in the same manner as other demands against the county and out of funds appropriated by the quorum court of the county for these purposes. (4) There shall be provided for the judge of the circuit judgeship created by subdivision (h)(1) of this section a court reporter and a trial court administrative assistant whose salaries shall be fixed and paid in the manner provided by law for court reporters and trial court administrative assistants of the circuit courts of this state. (i) There is created in the Nineteenth Judicial District-West an additional circuit judgeship that shall have jurisdiction in law, equity, probate, and juvenile matters. Amended by Act 2019, No. 1003,§ 5, eff. 7/1/2019. Acts 1997, No. 797, § 2; 2007, No. 168, § 5.

(a) As of January 1, 1999, the Circuit-Chancery Judge of the Nineteenth Judicial District, who sits as judge of the juvenile division and Division Three of the circuit and chancery courts, is hereby designated as the Circuit-Chancery Judge of the Nineteenth Judicial District-East and shall sit as the judge of the circuit, chancery and probate courts and the juvenile division.

(b) At the 1998 General Election, the qualified electors of the Nineteenth Judicial District-East shall elect the circuit-chancery judge to take office on January 1, 1999.

(c) As of January 1, 1999, the Nineteenth Judicial District-West shall be served by one (1) Circuit Judge of the First Division; one (1) Circuit Judge of the Second Division; one (1) Chancery Judge of the First Division; one (1) Chancery Judge of the Second Division; and an additional circuit-chancery judge who shall perform the duties of the judge of the juvenile division and sit as judge of the circuit, chancery or probate court as time permits. The additional circuit-chancery judge shall be elected in 1998 to take office on January 1, 1999.

(d) As of the 1998 general election, the circuit, chancery, and circuit-chancery judges of the Nineteenth Judicial District-West shall hereafter be elected by qualified electors of the Nineteenth Judicial District-West. The current chancery judges shall serve the balance of their terms in the Nineteenth Judicial District-West.

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

(f) All existing laws not in conflict herewith pertaining to the Nineteenth Judicial District shall apply to the Nineteenth Judicial District-East and the Nineteenth Judicial District-West.

(g) The judges of the Nineteenth Judicial District-East and the Nineteenth Judicial District-West may, by agreement, temporarily exchange districts or hold court for each other as they deem necessary or appropriate.

(h) (1) Effective January 1, 2009, there is created in the Nineteenth Judicial District-West an additional circuit judgeship that shall have jurisdiction in law, equity, probate, and juvenile matters. (2) (A) The qualified electors of the Nineteenth Judicial District-West shall elect the additional circuit judge created by subdivision (h)(1) of this section at the 2008 preferential primary election to take office on January 1, 2009. (B) The additional circuit judge shall be elected from the Nineteenth Judicial District-West, shall satisfy the same qualifications for holding office, and shall receive the same salary, expenses, and other allowances as provided by law for judges of the circuit courts. (C) The circuit judge shall serve for elected terms of six (6) years. (3) The county that composes the Nineteenth Judicial District-West shall provide courtroom and office facilities and supplies for the judge of the circuit judgeship created by subdivision (h)(1) of this section, which shall be paid out of the county treasury in the same manner as other demands against the county and out of funds appropriated by the quorum court of the county for these purposes. (4) There shall be provided for the judge of the circuit judgeship created by subdivision (h)(1) of this section a court reporter and a trial court administrative assistant whose salaries shall be fixed and paid in the manner provided by law for court reporters and trial court administrative assistants of the circuit courts of this state.

(1) Effective January 1, 2009, there is created in the Nineteenth Judicial District-West an additional circuit judgeship that shall have jurisdiction in law, equity, probate, and juvenile matters.

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

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

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

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

(3) The county that composes the Nineteenth Judicial District-West shall provide courtroom and office facilities and supplies for the judge of the circuit judgeship created by subdivision (h)(1) of this section, which shall be paid out of the county treasury in the same manner as other demands against the county and out of funds appropriated by the quorum court of the county for these purposes.

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

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

Amended by Act 2019, No. 1003,§ 5, eff. 7/1/2019.

Acts 1997, No. 797, § 2; 2007, No. 168, § 5.
Ark. Code Ann. § 16-40-106 — AR Code / Title 16 / Chapter 40 / Section 16-40-106
Privileged communications made to a certified peer support member by an emergency responder - Definitions
Status: in_force

(a) As used in this section: (1) "Approved training" means training including, at a minimum, the following subjects: (A) The core elements of critical incident stress management, including how to help a person understand the need for further assistance; (B) Psychological crisis and psychological crisis intervention; (C) The individual aspects of a peer support event and how to work with the aspects of a peer support event through resistance, resiliency, and recovery; (D) Situational crisis intervention with individual persons and groups; (E) Practical communication skills and techniques to assist a person in a crisis situation; (F) How a person reacts in a crisis and how to understand and work with the person in an intervention mode; (G) Mechanisms to assist in dealing with a person in a crisis situation; (H) Practical tools to use to work with individual persons and groups in a crisis situation; and (I) Recognizing issues that may lead a person to have suicidal thoughts; (2) "Certified peer support member" means an individual who has received approved training certified by the Arkansas Crisis Response Team, the Arkansas Commission on Law Enforcement Standards and Training, or the Arkansas Fire Protection Services Board in critical incident stress management and who is qualified to provide emotional or moral support to an emergency responder who needs emotional or moral support as a result of job-related stress or of an incident in which the emergency responder was involved while acting in his or her official capacity; and (3) "Peer support event" means any debriefing, defusing, or counseling session conducted by a certified peer support member that involves the emotional or moral support of an emergency responder who needs emotional or moral support as a result of job-related stress or an incident in which the emergency responder was involved while acting in his or her official capacity. (b) (1) A certified peer support member shall not be compelled, without the consent of the emergency responder making the communication, to testify or in any way disclose the contents of any communication made to the certified peer support member by the emergency responder while engaged in a peer support event. (2) The privilege under subdivision (b)(1) of this section only applies when the communication was made to the certified peer support member during the course of an actual peer support event. (c) The privilege under subdivision (b)(1) of this section does not apply if: (1) The certified peer support member was an initial emergency service responder, a witness, or a party to the incident that prompted the providing of the peer support event to the emergency responder; (2) A communication reveals the intended commission of a crime or harmful act and the disclosure is determined to be necessary by the certified peer support member to protect any person from a clear, imminent risk of serious mental or physical harm or injury or to forestall a serious threat to the public safety; or (3) A crime has been committed and the crime is divulged to the certified peer support member. (d) A certified peer support member who knowingly reveals the contents of a communication privileged under this section or any person who knowingly threatens, intimidates, or forcibly compels, or attempts to threaten, intimidate, or forcibly compel a certified peer support member to disclose the contents of a privileged communication upon conviction is guilty of a Class B misdemeanor. Amended by Act 2021, No. 428,§ 1, eff. 7/28/2021. Amended by Act 2019, No. 555,§ 1, eff. 7/24/2019. Added by Act 2013, No. 1353,§ 1, eff. 8/16/2013.

(a) As used in this section: (1) "Approved training" means training including, at a minimum, the following subjects: (A) The core elements of critical incident stress management, including how to help a person understand the need for further assistance; (B) Psychological crisis and psychological crisis intervention; (C) The individual aspects of a peer support event and how to work with the aspects of a peer support event through resistance, resiliency, and recovery; (D) Situational crisis intervention with individual persons and groups; (E) Practical communication skills and techniques to assist a person in a crisis situation; (F) How a person reacts in a crisis and how to understand and work with the person in an intervention mode; (G) Mechanisms to assist in dealing with a person in a crisis situation; (H) Practical tools to use to work with individual persons and groups in a crisis situation; and (I) Recognizing issues that may lead a person to have suicidal thoughts; (2) "Certified peer support member" means an individual who has received approved training certified by the Arkansas Crisis Response Team, the Arkansas Commission on Law Enforcement Standards and Training, or the Arkansas Fire Protection Services Board in critical incident stress management and who is qualified to provide emotional or moral support to an emergency responder who needs emotional or moral support as a result of job-related stress or of an incident in which the emergency responder was involved while acting in his or her official capacity; and (3) "Peer support event" means any debriefing, defusing, or counseling session conducted by a certified peer support member that involves the emotional or moral support of an emergency responder who needs emotional or moral support as a result of job-related stress or an incident in which the emergency responder was involved while acting in his or her official capacity.

(1) "Approved training" means training including, at a minimum, the following subjects: (A) The core elements of critical incident stress management, including how to help a person understand the need for further assistance; (B) Psychological crisis and psychological crisis intervention; (C) The individual aspects of a peer support event and how to work with the aspects of a peer support event through resistance, resiliency, and recovery; (D) Situational crisis intervention with individual persons and groups; (E) Practical communication skills and techniques to assist a person in a crisis situation; (F) How a person reacts in a crisis and how to understand and work with the person in an intervention mode; (G) Mechanisms to assist in dealing with a person in a crisis situation; (H) Practical tools to use to work with individual persons and groups in a crisis situation; and (I) Recognizing issues that may lead a person to have suicidal thoughts;

(A) The core elements of critical incident stress management, including how to help a person understand the need for further assistance;

(B) Psychological crisis and psychological crisis intervention;

(C) The individual aspects of a peer support event and how to work with the aspects of a peer support event through resistance, resiliency, and recovery;

(D) Situational crisis intervention with individual persons and groups;

(E) Practical communication skills and techniques to assist a person in a crisis situation;

(F) How a person reacts in a crisis and how to understand and work with the person in an intervention mode;

(G) Mechanisms to assist in dealing with a person in a crisis situation;

(H) Practical tools to use to work with individual persons and groups in a crisis situation; and

(I) Recognizing issues that may lead a person to have suicidal thoughts;

(2) "Certified peer support member" means an individual who has received approved training certified by the Arkansas Crisis Response Team, the Arkansas Commission on Law Enforcement Standards and Training, or the Arkansas Fire Protection Services Board in critical incident stress management and who is qualified to provide emotional or moral support to an emergency responder who needs emotional or moral support as a result of job-related stress or of an incident in which the emergency responder was involved while acting in his or her official capacity; and

(3) "Peer support event" means any debriefing, defusing, or counseling session conducted by a certified peer support member that involves the emotional or moral support of an emergency responder who needs emotional or moral support as a result of job-related stress or an incident in which the emergency responder was involved while acting in his or her official capacity.

(b) (1) A certified peer support member shall not be compelled, without the consent of the emergency responder making the communication, to testify or in any way disclose the contents of any communication made to the certified peer support member by the emergency responder while engaged in a peer support event. (2) The privilege under subdivision (b)(1) of this section only applies when the communication was made to the certified peer support member during the course of an actual peer support event.

(1) A certified peer support member shall not be compelled, without the consent of the emergency responder making the communication, to testify or in any way disclose the contents of any communication made to the certified peer support member by the emergency responder while engaged in a peer support event.

(2) The privilege under subdivision (b)(1) of this section only applies when the communication was made to the certified peer support member during the course of an actual peer support event.

(c) The privilege under subdivision (b)(1) of this section does not apply if: (1) The certified peer support member was an initial emergency service responder, a witness, or a party to the incident that prompted the providing of the peer support event to the emergency responder; (2) A communication reveals the intended commission of a crime or harmful act and the disclosure is determined to be necessary by the certified peer support member to protect any person from a clear, imminent risk of serious mental or physical harm or injury or to forestall a serious threat to the public safety; or (3) A crime has been committed and the crime is divulged to the certified peer support member.

(1) The certified peer support member was an initial emergency service responder, a witness, or a party to the incident that prompted the providing of the peer support event to the emergency responder;

(2) A communication reveals the intended commission of a crime or harmful act and the disclosure is determined to be necessary by the certified peer support member to protect any person from a clear, imminent risk of serious mental or physical harm or injury or to forestall a serious threat to the public safety; or

(3) A crime has been committed and the crime is divulged to the certified peer support member.

(d) A certified peer support member who knowingly reveals the contents of a communication privileged under this section or any person who knowingly threatens, intimidates, or forcibly compels, or attempts to threaten, intimidate, or forcibly compel a certified peer support member to disclose the contents of a privileged communication upon conviction is guilty of a Class B misdemeanor.

Amended by Act 2021, No. 428,§ 1, eff. 7/28/2021.

Amended by Act 2019, No. 555,§ 1, eff. 7/24/2019.

Added by Act 2013, No. 1353,§ 1, eff. 8/16/2013.
Ark. Code Ann. § 16-113-305 — AR Code / Title 16 / Chapter 113 / Subchapter 3 / Section 16-113-305
Stay of enforcement of statutes or orders of administrative boards
Status: in_force

In all cases where applications are made in any court in this state having jurisdiction thereof to enforce any statute or order of an administrative board or commission of this state, a stay against the enforcement of the statute or order may be issued by the court pending the determination of the suit by the state court. Acts 1935, No. 94, § 1; Pope's Dig., § 7542; A.S.A. 1947, § 32-105.

In all cases where applications are made in any court in this state having jurisdiction thereof to enforce any statute or order of an administrative board or commission of this state, a stay against the enforcement of the statute or order may be issued by the court pending the determination of the suit by the state court.

Acts 1935, No. 94, § 1; Pope's Dig., § 7542; A.S.A. 1947, § 32-105.
Ark. Code Ann. § 16-43-214 — AR Code / Title 16 / Chapter 43 / Subchapter 2 / Section 16-43-214
Prisoner from Division of Correction as witness
Status: in_force

(a) Upon presentation by the prosecuting attorney or interested defense counsel of a petition duly verified and for good cause, any circuit court having jurisdiction of any criminal offense involving a felony pending for trial in that court may have jurisdiction and authority to provide by proper order for the presence in court, and for the trial and as a witness, of any person incarcerated in the Division of Correction whose testimony would be material either for the State of Arkansas or for the defendant in the action. (b) Upon the granting of a petition by the circuit court pursuant to subsection (a) of this section and upon presentation to the authorized officials of the division of a signed order or certified copy thereof by the circuit clerk of such court, the officials having custody of the prisoner are authorized and directed to transport or cause to be transported the prisoner by such means and methods as they deem proper, at the time and place as directed by the order of the circuit court. (c) The custody of a prisoner sought to be used as a witness shall at all times remain in the authorized officials of the division, subject to the order and direction of the circuit court. Immediately upon the completion of the testimony by the prisoner in court or upon the completion of the trial requiring his or her presence, the prisoner shall be immediately returned to the division by the official having his or her custody. Amended by Act 2019, No. 910,§ 854, eff. 7/1/2019. Acts 1959, No. 162, §§ 1-3; A.S.A. 1947, §§ 43-2022 -- 43-2024.

(a) Upon presentation by the prosecuting attorney or interested defense counsel of a petition duly verified and for good cause, any circuit court having jurisdiction of any criminal offense involving a felony pending for trial in that court may have jurisdiction and authority to provide by proper order for the presence in court, and for the trial and as a witness, of any person incarcerated in the Division of Correction whose testimony would be material either for the State of Arkansas or for the defendant in the action.

(b) Upon the granting of a petition by the circuit court pursuant to subsection (a) of this section and upon presentation to the authorized officials of the division of a signed order or certified copy thereof by the circuit clerk of such court, the officials having custody of the prisoner are authorized and directed to transport or cause to be transported the prisoner by such means and methods as they deem proper, at the time and place as directed by the order of the circuit court.

(c) The custody of a prisoner sought to be used as a witness shall at all times remain in the authorized officials of the division, subject to the order and direction of the circuit court. Immediately upon the completion of the testimony by the prisoner in court or upon the completion of the trial requiring his or her presence, the prisoner shall be immediately returned to the division by the official having his or her custody.

Amended by Act 2019, No. 910,§ 854, eff. 7/1/2019.

Acts 1959, No. 162, §§ 1-3; A.S.A. 1947, §§ 43-2022 -- 43-2024.
Ark. Code Ann. § 16-17-1102 — AR Code / Title 16 / Chapter 17 / Subchapter 11 / Section 16-17-1102
Definitions
Status: in_force

As used in this subchapter: (1) "Department" means the physical location where sessions of court are held; (2) "District" means the geographical area in which a state district court may exercise jurisdiction and from which a state district court judge is elected; (3) "Division" means the designation of the judicial positions for case management or election purposes and does not refer to "subject matter divisions" under Arkansas Constitution, Amendment 80, § 7; (4) "Local district court" includes a department of a district court; (5) (A) "State district court" means a district court that is created by this subchapter and has: (i) Criminal jurisdiction, as established by the General Assembly; and (ii) Civil jurisdiction, as established by the Supreme Court. (B) "State district court" includes a department of a state district court; and (6) "State district court judge" means a full-time judge: (A) Whose salary is paid by the state; (B) Who is not engaged in the private practice of law; and (C) Who is available for work in circuit court under rules adopted by the Supreme Court. Acts 2007, No. 663, § 2; 2011, No. 1219, § 2.

As used in this subchapter:

(1) "Department" means the physical location where sessions of court are held;

(2) "District" means the geographical area in which a state district court may exercise jurisdiction and from which a state district court judge is elected;

(3) "Division" means the designation of the judicial positions for case management or election purposes and does not refer to "subject matter divisions" under Arkansas Constitution, Amendment 80, § 7;

(4) "Local district court" includes a department of a district court;

(5) (A) "State district court" means a district court that is created by this subchapter and has: (i) Criminal jurisdiction, as established by the General Assembly; and (ii) Civil jurisdiction, as established by the Supreme Court. (B) "State district court" includes a department of a state district court; and

(A) "State district court" means a district court that is created by this subchapter and has: (i) Criminal jurisdiction, as established by the General Assembly; and (ii) Civil jurisdiction, as established by the Supreme Court.

(i) Criminal jurisdiction, as established by the General Assembly; and

(ii) Civil jurisdiction, as established by the Supreme Court.

(B) "State district court" includes a department of a state district court; and

(6) "State district court judge" means a full-time judge: (A) Whose salary is paid by the state; (B) Who is not engaged in the private practice of law; and (C) Who is available for work in circuit court under rules adopted by the Supreme Court.

(A) Whose salary is paid by the state;

(B) Who is not engaged in the private practice of law; and

(C) Who is available for work in circuit court under rules adopted by the Supreme Court.

Acts 2007, No. 663, § 2; 2011, No. 1219, § 2.
Ark. Code Ann. § 16-43-406 — AR Code / Title 16 / Chapter 43 / Subchapter 4 / Section 16-43-406
Short title - Uniform Act
Status: in_force

This subchapter may be cited as the "Uniform Act to Secure the Attendance of Witnesses from Without the State in Criminal Cases". Acts 1935, No. 65, § 5; A.S.A. 1947, § 43-2009.

This subchapter may be cited as the "Uniform Act to Secure the Attendance of Witnesses from Without the State in Criminal Cases".

Acts 1935, No. 65, § 5; A.S.A. 1947, § 43-2009.
Ark. Code Ann. § 16-120-603 — AR Code / Title 16 / Chapter 120 / Subchapter 6 / Section 16-120-603
Definitions
Status: in_force

As used in this subchapter: (1) "Asbestos claim" means any civil cause of action, wherever or whenever made, arising out of, based on, or in any way related to asbestos, including the health effects of exposure to asbestos or the installation, presence, or removal of asbestos, and includes a claim made by or on behalf of any person exposed to asbestos, or a representative, spouse, parent, child, or other relative of the person; (2) "Corporation" means a for-profit corporation, including a domestic corporation organized under the laws of this state or a foreign corporation organized under laws other than the laws of this state; (3) "Successor" means a corporation that assumes or incurs or has assumed or incurred successor asbestos-related liabilities, which is a successor and became a successor before January 1, 1972, or is any of that successor corporation's successors; (4) (A) "Successor asbestos-related liabilities" means any liabilities, whether known or unknown, asserted or unasserted, absolute or contingent, accrued or unaccrued, liquidated or unliquidated, or due or to become due, which are related in any way to asbestos claims and were assumed or incurred by a corporation as a result of or in connection with a merger or consolidation, or the plan of merger or consolidation related to the merger or consolidation with or into another corporation, or that are related in any way to asbestos claims based on the exercise of control or the ownership of stock of the corporation before the merger or consolidation. (B) "Successor asbestos-related liabilities" includes liabilities that, after the time of the merger or consolidation for which the fair market value of total gross assets is determined under § 16-120-604 were or are paid or otherwise discharged, or committed to be paid or otherwise discharged, by or on behalf of the corporation, or by a successor of the corporation, or by or on behalf of a transferor, in connection with settlements, judgments, or other discharges in this state or another jurisdiction; and (5) "Transferor" means a corporation from which successor asbestos-related liabilities are or were assumed or incurred. Added by Act 2015, No. 1241,§ 1, eff. 1/1/2020.

As used in this subchapter:

(1) "Asbestos claim" means any civil cause of action, wherever or whenever made, arising out of, based on, or in any way related to asbestos, including the health effects of exposure to asbestos or the installation, presence, or removal of asbestos, and includes a claim made by or on behalf of any person exposed to asbestos, or a representative, spouse, parent, child, or other relative of the person;

(2) "Corporation" means a for-profit corporation, including a domestic corporation organized under the laws of this state or a foreign corporation organized under laws other than the laws of this state;

(3) "Successor" means a corporation that assumes or incurs or has assumed or incurred successor asbestos-related liabilities, which is a successor and became a successor before January 1, 1972, or is any of that successor corporation's successors;

(4) (A) "Successor asbestos-related liabilities" means any liabilities, whether known or unknown, asserted or unasserted, absolute or contingent, accrued or unaccrued, liquidated or unliquidated, or due or to become due, which are related in any way to asbestos claims and were assumed or incurred by a corporation as a result of or in connection with a merger or consolidation, or the plan of merger or consolidation related to the merger or consolidation with or into another corporation, or that are related in any way to asbestos claims based on the exercise of control or the ownership of stock of the corporation before the merger or consolidation. (B) "Successor asbestos-related liabilities" includes liabilities that, after the time of the merger or consolidation for which the fair market value of total gross assets is determined under § 16-120-604 were or are paid or otherwise discharged, or committed to be paid or otherwise discharged, by or on behalf of the corporation, or by a successor of the corporation, or by or on behalf of a transferor, in connection with settlements, judgments, or other discharges in this state or another jurisdiction; and

(A) "Successor asbestos-related liabilities" means any liabilities, whether known or unknown, asserted or unasserted, absolute or contingent, accrued or unaccrued, liquidated or unliquidated, or due or to become due, which are related in any way to asbestos claims and were assumed or incurred by a corporation as a result of or in connection with a merger or consolidation, or the plan of merger or consolidation related to the merger or consolidation with or into another corporation, or that are related in any way to asbestos claims based on the exercise of control or the ownership of stock of the corporation before the merger or consolidation.

(B) "Successor asbestos-related liabilities" includes liabilities that, after the time of the merger or consolidation for which the fair market value of total gross assets is determined under § 16-120-604 were or are paid or otherwise discharged, or committed to be paid or otherwise discharged, by or on behalf of the corporation, or by a successor of the corporation, or by or on behalf of a transferor, in connection with settlements, judgments, or other discharges in this state or another jurisdiction; and

(5) "Transferor" means a corporation from which successor asbestos-related liabilities are or were assumed or incurred.

Added by Act 2015, No. 1241,§ 1, eff. 1/1/2020.
Ark. Code Ann. § 16-131-204 — AR Code / Title 16 / Chapter 131 / Subchapter 2 / Section 16-131-204
Procedures for settling claim involving minor
Status: in_force

(a) On behalf of a minor, the minor's guardian may enter into a settlement agreement with a person or party against whom the minor has a claim if: (1) A conservator or guardian ad litem has not been appointed for the minor; (2) The total amount of the claim is twenty-five thousand dollars ($25,000) or less, excluding reimbursement of medical expenses, liens, reasonable attorney's fees, and costs of the claim, if paid in cash, by draft, or by the purchase of a premium for an annuity; (3) The moneys paid under the settlement agreement are paid according to § 16-131-205 ; and (4) The guardian completes an affidavit or verified statement that attests that: (A) The guardian has made a reasonable inquiry into the matter; (B) To the best of the guardian's knowledge: (i) The minor will be fully compensated by the settlement agreement; or (ii) There is no practical way to obtain additional amounts from the person or party entering into the settlement agreement with the minor; and (C) The guardian understands and acknowledges that the guardian is obligated by law to deposit the settlement directly into a restricted savings account or other restricted investment account, or purchase an annuity, as required under subdivision (a)(3) of this section. (b) An attorney representing the guardian or minor, if any, shall maintain the affidavit or verified statement completed under subdivision (a)(4) of this section in the attorney's file for two (2) years after the minor: (1) Attains twenty-one (21) years of age; or (2) Dies, if the minor does not attain twenty-one (21) years of age. Added by Act 2023, No. 468,§ 1, eff. 8/1/2023.

(a) On behalf of a minor, the minor's guardian may enter into a settlement agreement with a person or party against whom the minor has a claim if: (1) A conservator or guardian ad litem has not been appointed for the minor; (2) The total amount of the claim is twenty-five thousand dollars ($25,000) or less, excluding reimbursement of medical expenses, liens, reasonable attorney's fees, and costs of the claim, if paid in cash, by draft, or by the purchase of a premium for an annuity; (3) The moneys paid under the settlement agreement are paid according to § 16-131-205 ; and (4) The guardian completes an affidavit or verified statement that attests that: (A) The guardian has made a reasonable inquiry into the matter; (B) To the best of the guardian's knowledge: (i) The minor will be fully compensated by the settlement agreement; or (ii) There is no practical way to obtain additional amounts from the person or party entering into the settlement agreement with the minor; and (C) The guardian understands and acknowledges that the guardian is obligated by law to deposit the settlement directly into a restricted savings account or other restricted investment account, or purchase an annuity, as required under subdivision (a)(3) of this section.

(1) A conservator or guardian ad litem has not been appointed for the minor;

(2) The total amount of the claim is twenty-five thousand dollars ($25,000) or less, excluding reimbursement of medical expenses, liens, reasonable attorney's fees, and costs of the claim, if paid in cash, by draft, or by the purchase of a premium for an annuity;

(3) The moneys paid under the settlement agreement are paid according to § 16-131-205 ; and

(4) The guardian completes an affidavit or verified statement that attests that: (A) The guardian has made a reasonable inquiry into the matter; (B) To the best of the guardian's knowledge: (i) The minor will be fully compensated by the settlement agreement; or (ii) There is no practical way to obtain additional amounts from the person or party entering into the settlement agreement with the minor; and (C) The guardian understands and acknowledges that the guardian is obligated by law to deposit the settlement directly into a restricted savings account or other restricted investment account, or purchase an annuity, as required under subdivision (a)(3) of this section.

(A) The guardian has made a reasonable inquiry into the matter;

(B) To the best of the guardian's knowledge: (i) The minor will be fully compensated by the settlement agreement; or (ii) There is no practical way to obtain additional amounts from the person or party entering into the settlement agreement with the minor; and

(i) The minor will be fully compensated by the settlement agreement; or

(ii) There is no practical way to obtain additional amounts from the person or party entering into the settlement agreement with the minor; and

(C) The guardian understands and acknowledges that the guardian is obligated by law to deposit the settlement directly into a restricted savings account or other restricted investment account, or purchase an annuity, as required under subdivision (a)(3) of this section.

(b) An attorney representing the guardian or minor, if any, shall maintain the affidavit or verified statement completed under subdivision (a)(4) of this section in the attorney's file for two (2) years after the minor: (1) Attains twenty-one (21) years of age; or (2) Dies, if the minor does not attain twenty-one (21) years of age.

(1) Attains twenty-one (21) years of age; or

(2) Dies, if the minor does not attain twenty-one (21) years of age.

Added by Act 2023, No. 468,§ 1, eff. 8/1/2023.
Ark. Code Ann. § 16-114-201 — AR Code / Title 16 / Chapter 114 / Subchapter 2 / Section 16-114-201
Definitions
Status: in_force

As used in this subchapter, unless the context otherwise requires: (1) "Action for medical injury" means all actions against a medical care provider, whether based in tort, contract, or otherwise, to recover damages on account of medical injury as defined in this section; (2) "Medical care provider" means a physician, certified registered nurse anesthetist, physician's assistant, nurse, optometrist, chiropractor, physical therapist, dentist, podiatrist, pharmacist, veterinarian, hospital, nursing home, community mental health center, psychologist, clinic, or not-for-profit home healthcare agency licensed by the state or otherwise lawfully providing professional medical care or services, or an officer, employee, or agent thereof acting in the course and scope of employment in the providing of such medical care or medical services; and (3) "Medical injury" or "injury" means any adverse consequences arising out of or sustained in the course of the professional services being rendered by a medical care provider to a patient or resident, whether resulting from negligence, error, or omission in the performance of such services; or from rendition of such services without informed consent or in breach of warranty or in violation of contract; or from failure to diagnose; or from premature abandonment of a patient or of a course of treatment; or from failure to properly maintain equipment or appliances necessary to the rendition of such services; or otherwise arising out of or sustained in the course of such services. Amended by Act 2013, No. 1196,§ 3, eff. 8/16/2013. Amended by Act 2013, No. 1196,§ 2, eff. 8/16/2013. Acts 1979, No. 709, § 1; A.S.A. 1947, § 34-2613.

As used in this subchapter, unless the context otherwise requires:

(1) "Action for medical injury" means all actions against a medical care provider, whether based in tort, contract, or otherwise, to recover damages on account of medical injury as defined in this section;

(2) "Medical care provider" means a physician, certified registered nurse anesthetist, physician's assistant, nurse, optometrist, chiropractor, physical therapist, dentist, podiatrist, pharmacist, veterinarian, hospital, nursing home, community mental health center, psychologist, clinic, or not-for-profit home healthcare agency licensed by the state or otherwise lawfully providing professional medical care or services, or an officer, employee, or agent thereof acting in the course and scope of employment in the providing of such medical care or medical services; and

(3) "Medical injury" or "injury" means any adverse consequences arising out of or sustained in the course of the professional services being rendered by a medical care provider to a patient or resident, whether resulting from negligence, error, or omission in the performance of such services; or from rendition of such services without informed consent or in breach of warranty or in violation of contract; or from failure to diagnose; or from premature abandonment of a patient or of a course of treatment; or from failure to properly maintain equipment or appliances necessary to the rendition of such services; or otherwise arising out of or sustained in the course of such services.

Amended by Act 2013, No. 1196,§ 3, eff. 8/16/2013.

Amended by Act 2013, No. 1196,§ 2, eff. 8/16/2013.

Acts 1979, No. 709, § 1; A.S.A. 1947, § 34-2613.
Ark. Code Ann. § 16-93-621 — AR Code / Title 16 / Chapter 93 / Subchapter 6 / Section 16-93-621
Parole or post-release supervision eligibility - A person who was a minor at the time of committing an offense that was committed before, on, or after March 20, 2017
Status: in_force

(a) (1) (A) A minor who was convicted and sentenced to the former Department of Correction or the Division of Correction for an offense committed before he or she was eighteen (18) years of age and in which the death of another person did not occur is eligible for release on parole or transfer to post-release supervision no later than after twenty (20) years of incarceration, including any applicable sentencing enhancements, and including an instance in which multiple sentences are to be served consecutively or concurrently, unless by law the minor is eligible for earlier parole or post-release supervision eligibility. (B) Subdivision (a)(1)(A) of this section applies retroactively to a minor whose offense was committed before he or she was eighteen (18) years of age, including a minor serving a sentence of life, regardless of the original sentences that were imposed. (2) (A) A minor who was convicted and sentenced to the department or the division for an offense committed before he or she was eighteen (18) years of age, in which the death of another person occurred, and that was committed before, on, or after March 20, 2017, is eligible for release on parole or transfer to post-release supervision no later than after twenty-five (25) years of incarceration if he or she was convicted of murder in the first degree, § 5-10-102 , or no later than after thirty (30) years of incarceration if he or she was convicted of capital murder, § 5-10-101 , including any applicable sentencing enhancements, unless by law the minor is eligible for earlier parole or post-release supervision eligibility. (B) Subdivision (a)(2)(A) of this section applies retroactively to a minor whose offense was committed before he or she was eighteen (18) years of age, including minors serving sentences of life, regardless of the original sentences that were imposed. (3) Credit for meritorious good time or earned release credits shall not be applied to calculations of time served under this subsection for minors convicted and sentenced for capital murder, § 5-10-101(c) , or when a life sentence is imposed for murder in the first degree, § 5-10-102 . (4) The calculation of the time periods under this subsection shall include any applicable sentence enhancements to which the minor was sentenced that accompany the sentence for the underlying offense. (b) (1) The Post-Prison Transfer Board shall ensure that a hearing to consider the parole or post-release supervision eligibility of a person who was a minor at the time of the offense that was committed before, on, or after March 20, 2017, takes into account how a minor offender is different from an adult offender and provides a person who was a minor at the time of the offense that was committed before, on, or after March 20, 2017, with a meaningful opportunity to be released on parole or post-release supervision based on demonstrated maturity and rehabilitation. (2) During a parole eligibility or transfer hearing involving a person who was a minor at the time of the offense that was committed before, on, or after March 20, 2017, the board shall take into consideration in addition to other factors required by law to be considered by the board: (A) The diminished culpability of minors as compared to that of adults; (B) The hallmark features of youth; (C) Subsequent growth and increased maturity of the person during incarceration; (D) Age of the person at the time of the offense; (E) Immaturity of the person at the time of the offense; (F) The extent of the person's role in the offense and whether and to what extent an adult was involved in the offense; (G) The person's family and community circumstances at the time of the offense, including any history of abuse, trauma, and involvement in the child welfare system; (H) The person's participation in available rehabilitative and educational programs while in prison, if those programs have been made available, or use of self-study for self-improvement; (I) The results of comprehensive mental health evaluations conducted by an adolescent mental health professional licensed in the state at the time of sentencing and at the time the person becomes eligible for parole or transfer to post-release supervision under this section; and (J) Other factors the board deems relevant. (3) A person eligible for parole or transfer to post-release supervision under this section may have an attorney present to represent him or her at the parole eligibility or transfer hearing. (c) (1) (A) The board shall notify a victim of the crime before the board reviews parole or transfer eligibility under this section for an inmate convicted of the crime and provide information regarding victim input meetings, as well as state and national victim resource information. (B) If the victim is incapacitated or deceased, the notice under subdivision (c)(1)(A) of this section shall be given to the victim's family. (C) If the victim is less than eighteen (18) years of age, the notice under subdivision (c)(1)(A) of this section shall be given to the victim's parent or guardian. (2) Victim notification under this subsection shall include: (A) The location, date, and time of parole or transfer review; and (B) The name and phone number of the individual to contact for additional information. Amended by Act 2023, No. 659,§ 196, eff. 1/1/2024. Amended by Act 2021, No. 1034,§ 1, eff. 7/28/2021. Amended by Act 2019, No. 910,§ 917, eff. 7/1/2019. Added by Act 2017, No. 539,§ 13, eff. 3/20/2017.

(a) (1) (A) A minor who was convicted and sentenced to the former Department of Correction or the Division of Correction for an offense committed before he or she was eighteen (18) years of age and in which the death of another person did not occur is eligible for release on parole or transfer to post-release supervision no later than after twenty (20) years of incarceration, including any applicable sentencing enhancements, and including an instance in which multiple sentences are to be served consecutively or concurrently, unless by law the minor is eligible for earlier parole or post-release supervision eligibility. (B) Subdivision (a)(1)(A) of this section applies retroactively to a minor whose offense was committed before he or she was eighteen (18) years of age, including a minor serving a sentence of life, regardless of the original sentences that were imposed. (2) (A) A minor who was convicted and sentenced to the department or the division for an offense committed before he or she was eighteen (18) years of age, in which the death of another person occurred, and that was committed before, on, or after March 20, 2017, is eligible for release on parole or transfer to post-release supervision no later than after twenty-five (25) years of incarceration if he or she was convicted of murder in the first degree, § 5-10-102 , or no later than after thirty (30) years of incarceration if he or she was convicted of capital murder, § 5-10-101 , including any applicable sentencing enhancements, unless by law the minor is eligible for earlier parole or post-release supervision eligibility. (B) Subdivision (a)(2)(A) of this section applies retroactively to a minor whose offense was committed before he or she was eighteen (18) years of age, including minors serving sentences of life, regardless of the original sentences that were imposed. (3) Credit for meritorious good time or earned release credits shall not be applied to calculations of time served under this subsection for minors convicted and sentenced for capital murder, § 5-10-101(c) , or when a life sentence is imposed for murder in the first degree, § 5-10-102 . (4) The calculation of the time periods under this subsection shall include any applicable sentence enhancements to which the minor was sentenced that accompany the sentence for the underlying offense.

(1) (A) A minor who was convicted and sentenced to the former Department of Correction or the Division of Correction for an offense committed before he or she was eighteen (18) years of age and in which the death of another person did not occur is eligible for release on parole or transfer to post-release supervision no later than after twenty (20) years of incarceration, including any applicable sentencing enhancements, and including an instance in which multiple sentences are to be served consecutively or concurrently, unless by law the minor is eligible for earlier parole or post-release supervision eligibility. (B) Subdivision (a)(1)(A) of this section applies retroactively to a minor whose offense was committed before he or she was eighteen (18) years of age, including a minor serving a sentence of life, regardless of the original sentences that were imposed.

(A) A minor who was convicted and sentenced to the former Department of Correction or the Division of Correction for an offense committed before he or she was eighteen (18) years of age and in which the death of another person did not occur is eligible for release on parole or transfer to post-release supervision no later than after twenty (20) years of incarceration, including any applicable sentencing enhancements, and including an instance in which multiple sentences are to be served consecutively or concurrently, unless by law the minor is eligible for earlier parole or post-release supervision eligibility.

(B) Subdivision (a)(1)(A) of this section applies retroactively to a minor whose offense was committed before he or she was eighteen (18) years of age, including a minor serving a sentence of life, regardless of the original sentences that were imposed.

(2) (A) A minor who was convicted and sentenced to the department or the division for an offense committed before he or she was eighteen (18) years of age, in which the death of another person occurred, and that was committed before, on, or after March 20, 2017, is eligible for release on parole or transfer to post-release supervision no later than after twenty-five (25) years of incarceration if he or she was convicted of murder in the first degree, § 5-10-102 , or no later than after thirty (30) years of incarceration if he or she was convicted of capital murder, § 5-10-101 , including any applicable sentencing enhancements, unless by law the minor is eligible for earlier parole or post-release supervision eligibility. (B) Subdivision (a)(2)(A) of this section applies retroactively to a minor whose offense was committed before he or she was eighteen (18) years of age, including minors serving sentences of life, regardless of the original sentences that were imposed.

(A) A minor who was convicted and sentenced to the department or the division for an offense committed before he or she was eighteen (18) years of age, in which the death of another person occurred, and that was committed before, on, or after March 20, 2017, is eligible for release on parole or transfer to post-release supervision no later than after twenty-five (25) years of incarceration if he or she was convicted of murder in the first degree, § 5-10-102 , or no later than after thirty (30) years of incarceration if he or she was convicted of capital murder, § 5-10-101 , including any applicable sentencing enhancements, unless by law the minor is eligible for earlier parole or post-release supervision eligibility.

(B) Subdivision (a)(2)(A) of this section applies retroactively to a minor whose offense was committed before he or she was eighteen (18) years of age, including minors serving sentences of life, regardless of the original sentences that were imposed.

(3) Credit for meritorious good time or earned release credits shall not be applied to calculations of time served under this subsection for minors convicted and sentenced for capital murder, § 5-10-101(c) , or when a life sentence is imposed for murder in the first degree, § 5-10-102 .

(4) The calculation of the time periods under this subsection shall include any applicable sentence enhancements to which the minor was sentenced that accompany the sentence for the underlying offense.

(b) (1) The Post-Prison Transfer Board shall ensure that a hearing to consider the parole or post-release supervision eligibility of a person who was a minor at the time of the offense that was committed before, on, or after March 20, 2017, takes into account how a minor offender is different from an adult offender and provides a person who was a minor at the time of the offense that was committed before, on, or after March 20, 2017, with a meaningful opportunity to be released on parole or post-release supervision based on demonstrated maturity and rehabilitation. (2) During a parole eligibility or transfer hearing involving a person who was a minor at the time of the offense that was committed before, on, or after March 20, 2017, the board shall take into consideration in addition to other factors required by law to be considered by the board: (A) The diminished culpability of minors as compared to that of adults; (B) The hallmark features of youth; (C) Subsequent growth and increased maturity of the person during incarceration; (D) Age of the person at the time of the offense; (E) Immaturity of the person at the time of the offense; (F) The extent of the person's role in the offense and whether and to what extent an adult was involved in the offense; (G) The person's family and community circumstances at the time of the offense, including any history of abuse, trauma, and involvement in the child welfare system; (H) The person's participation in available rehabilitative and educational programs while in prison, if those programs have been made available, or use of self-study for self-improvement; (I) The results of comprehensive mental health evaluations conducted by an adolescent mental health professional licensed in the state at the time of sentencing and at the time the person becomes eligible for parole or transfer to post-release supervision under this section; and (J) Other factors the board deems relevant. (3) A person eligible for parole or transfer to post-release supervision under this section may have an attorney present to represent him or her at the parole eligibility or transfer hearing.

(1) The Post-Prison Transfer Board shall ensure that a hearing to consider the parole or post-release supervision eligibility of a person who was a minor at the time of the offense that was committed before, on, or after March 20, 2017, takes into account how a minor offender is different from an adult offender and provides a person who was a minor at the time of the offense that was committed before, on, or after March 20, 2017, with a meaningful opportunity to be released on parole or post-release supervision based on demonstrated maturity and rehabilitation.

(2) During a parole eligibility or transfer hearing involving a person who was a minor at the time of the offense that was committed before, on, or after March 20, 2017, the board shall take into consideration in addition to other factors required by law to be considered by the board: (A) The diminished culpability of minors as compared to that of adults; (B) The hallmark features of youth; (C) Subsequent growth and increased maturity of the person during incarceration; (D) Age of the person at the time of the offense; (E) Immaturity of the person at the time of the offense; (F) The extent of the person's role in the offense and whether and to what extent an adult was involved in the offense; (G) The person's family and community circumstances at the time of the offense, including any history of abuse, trauma, and involvement in the child welfare system; (H) The person's participation in available rehabilitative and educational programs while in prison, if those programs have been made available, or use of self-study for self-improvement; (I) The results of comprehensive mental health evaluations conducted by an adolescent mental health professional licensed in the state at the time of sentencing and at the time the person becomes eligible for parole or transfer to post-release supervision under this section; and (J) Other factors the board deems relevant.

(A) The diminished culpability of minors as compared to that of adults;

(B) The hallmark features of youth;

(C) Subsequent growth and increased maturity of the person during incarceration;

(D) Age of the person at the time of the offense;

(E) Immaturity of the person at the time of the offense;

(F) The extent of the person's role in the offense and whether and to what extent an adult was involved in the offense;

(G) The person's family and community circumstances at the time of the offense, including any history of abuse, trauma, and involvement in the child welfare system;

(H) The person's participation in available rehabilitative and educational programs while in prison, if those programs have been made available, or use of self-study for self-improvement;

(I) The results of comprehensive mental health evaluations conducted by an adolescent mental health professional licensed in the state at the time of sentencing and at the time the person becomes eligible for parole or transfer to post-release supervision under this section; and

(J) Other factors the board deems relevant.

(3) A person eligible for parole or transfer to post-release supervision under this section may have an attorney present to represent him or her at the parole eligibility or transfer hearing.

(c) (1) (A) The board shall notify a victim of the crime before the board reviews parole or transfer eligibility under this section for an inmate convicted of the crime and provide information regarding victim input meetings, as well as state and national victim resource information. (B) If the victim is incapacitated or deceased, the notice under subdivision (c)(1)(A) of this section shall be given to the victim's family. (C) If the victim is less than eighteen (18) years of age, the notice under subdivision (c)(1)(A) of this section shall be given to the victim's parent or guardian. (2) Victim notification under this subsection shall include: (A) The location, date, and time of parole or transfer review; and (B) The name and phone number of the individual to contact for additional information.

(1) (A) The board shall notify a victim of the crime before the board reviews parole or transfer eligibility under this section for an inmate convicted of the crime and provide information regarding victim input meetings, as well as state and national victim resource information. (B) If the victim is incapacitated or deceased, the notice under subdivision (c)(1)(A) of this section shall be given to the victim's family. (C) If the victim is less than eighteen (18) years of age, the notice under subdivision (c)(1)(A) of this section shall be given to the victim's parent or guardian.

(A) The board shall notify a victim of the crime before the board reviews parole or transfer eligibility under this section for an inmate convicted of the crime and provide information regarding victim input meetings, as well as state and national victim resource information.

(B) If the victim is incapacitated or deceased, the notice under subdivision (c)(1)(A) of this section shall be given to the victim's family.

(C) If the victim is less than eighteen (18) years of age, the notice under subdivision (c)(1)(A) of this section shall be given to the victim's parent or guardian.

(2) Victim notification under this subsection shall include: (A) The location, date, and time of parole or transfer review; and (B) The name and phone number of the individual to contact for additional information.

(A) The location, date, and time of parole or transfer review; and

(B) The name and phone number of the individual to contact for additional information.

Amended by Act 2023, No. 659,§ 196, eff. 1/1/2024.

Amended by Act 2021, No. 1034,§ 1, eff. 7/28/2021.

Amended by Act 2019, No. 910,§ 917, eff. 7/1/2019.

Added by Act 2017, No. 539,§ 13, eff. 3/20/2017.
Ark. Code Ann. § 16-112-121 — AR Code / Title 16 / Chapter 112 / Subchapter 1 / Section 16-112-121
Second writ
Status: in_force

(a) If a prisoner remanded under the provisions of this act shall obtain a second writ of habeas corpus, it shall be the duty of the officer or other person on whom the writ shall be served to return therewith the order, remanding the prisoner. If it appears that the prisoner was remanded for an offense adjudged not bailable, the prisoner shall forthwith be remanded without further proceedings. (b) It shall not be lawful for any court or judge, on a second writ of habeas corpus, to discharge the prisoner, if he or she is clearly and specifically charged in the order remanding him or her or in the warrant of commitment, with a criminal offense. However, the prisoner, on the return of the writ, shall be bailed or remanded to prison, according to the circumstances of the case. Rev. Stat., ch. 73, art. 4, §§ 7, 8; C. & M. Dig., §§ 5082, 5083; Pope's Dig., §§ 6345, 6346; A.S.A. 1947, §§ 34-1740, 34-1741.

(a) If a prisoner remanded under the provisions of this act shall obtain a second writ of habeas corpus, it shall be the duty of the officer or other person on whom the writ shall be served to return therewith the order, remanding the prisoner. If it appears that the prisoner was remanded for an offense adjudged not bailable, the prisoner shall forthwith be remanded without further proceedings.

(b) It shall not be lawful for any court or judge, on a second writ of habeas corpus, to discharge the prisoner, if he or she is clearly and specifically charged in the order remanding him or her or in the warrant of commitment, with a criminal offense. However, the prisoner, on the return of the writ, shall be bailed or remanded to prison, according to the circumstances of the case.

Rev. Stat., ch. 73, art. 4, §§ 7, 8; C. & M. Dig., §§ 5082, 5083; Pope's Dig., §§ 6345, 6346; A.S.A. 1947, §§ 34-1740, 34-1741.
Ark. Code Ann. § 16-120-501 — AR Code / Title 16 / Chapter 120 / Subchapter 5 / Section 16-120-501
Definitions
Status: in_force

As used in this section: (1) "Church or other place of worship" means a physical location where persons congregate to practice a religion; and (2) "Polling site" means the same as defined in § 7-1-101 . Added by Act 2013, No. 1118,§ 1, eff. 8/16/2013.

As used in this section:

(1) "Church or other place of worship" means a physical location where persons congregate to practice a religion; and

(2) "Polling site" means the same as defined in § 7-1-101 .

Added by Act 2013, No. 1118,§ 1, eff. 8/16/2013.
Ark. Code Ann. § 16-19-502 — AR Code / Title 16 / Chapter 19 / Subchapter 5 / Section 16-19-502
[Repealed]
Status: repealed

Repealed by Act 2021, No. 475,§ 15, eff. 7/28/2021. Acts 1875, No. 77, § 35, p. 167; C. & M. Dig., § 4602; Pope's Dig., § 5691; A.S.A. 1947, § 26-509.

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

Acts 1875, No. 77, § 35, p. 167; C. & M. Dig., § 4602; Pope's Dig., § 5691; A.S.A. 1947, § 26-509.
Ark. Code Ann. § 16-118-112 — AR Code / Title 16 / Chapter 118 / Section 16-118-112
Civil action for damages caused by wrongful dissemination of an electronic communication to influence a political vote - Definitions
Status: in_force

(a) As used in this section: (1) "Electronic communication" means any textual, visual, written, or oral communication of any kind made through the use of a computer online service, Internet service, telephone, or any other means of electronic communication, including without limitation to a local bulletin board service, an Internet chat room, electronic mail, a social networking site, phone texting, or an online messaging service; and (2) "Political vote" means a vote by a member of the House of Representatives or Senate with respect to an issue before the General Assembly or a committee of the General Assembly. (b) A victim whose identity is wrongfully misappropriated or misidentified by another person by that person's purposeful transmission or posting of an electronic communication that is purported to be from the victim without permission from the victim and that expresses an opinion concerning a political issue before the General Assembly with the purpose to influence a political vote may bring a civil action for any injury and recover any damages sustained and for the costs of the civil action. (c) If a victim prevails in a civil action under this section, damages shall include without limitation a mandatory damage award of five thousand dollars ($5,000) per prosecutable act. (d) A civil action under this section shall be brought within three (3) years from the date the action is discovered or should have been discovered by the exercise of reasonable diligence. Added by Act 2015, No. 1111,§ 1, eff. 7/22/2015.

(a) As used in this section: (1) "Electronic communication" means any textual, visual, written, or oral communication of any kind made through the use of a computer online service, Internet service, telephone, or any other means of electronic communication, including without limitation to a local bulletin board service, an Internet chat room, electronic mail, a social networking site, phone texting, or an online messaging service; and (2) "Political vote" means a vote by a member of the House of Representatives or Senate with respect to an issue before the General Assembly or a committee of the General Assembly.

(1) "Electronic communication" means any textual, visual, written, or oral communication of any kind made through the use of a computer online service, Internet service, telephone, or any other means of electronic communication, including without limitation to a local bulletin board service, an Internet chat room, electronic mail, a social networking site, phone texting, or an online messaging service; and

(2) "Political vote" means a vote by a member of the House of Representatives or Senate with respect to an issue before the General Assembly or a committee of the General Assembly.

(b) A victim whose identity is wrongfully misappropriated or misidentified by another person by that person's purposeful transmission or posting of an electronic communication that is purported to be from the victim without permission from the victim and that expresses an opinion concerning a political issue before the General Assembly with the purpose to influence a political vote may bring a civil action for any injury and recover any damages sustained and for the costs of the civil action.

(c) If a victim prevails in a civil action under this section, damages shall include without limitation a mandatory damage award of five thousand dollars ($5,000) per prosecutable act.

(d) A civil action under this section shall be brought within three (3) years from the date the action is discovered or should have been discovered by the exercise of reasonable diligence.

Added by Act 2015, No. 1111,§ 1, eff. 7/22/2015.
Ark. Code Ann. § 16-68-204 — AR Code / Title 16 / Chapter 68 / Subchapter 2 / Section 16-68-204
Bonds not void for want of form
Status: in_force

The bond of no executor or executrix, administrator or administratrix or guardian, nor any prosecution, appeal, nonresident, or attachment bond, nor any other statutory bonds of any party, plaintiff, or defendant in any court of justice in this state, nor any recognizance in any criminal cause in this state, shall be declared null and void for the want of form if the intent of the bond can be plainly deduced from the body of the bond or recognizance. Acts 1857, § 1, p. 135; C. & M. Dig., § 801; Pope's Dig., § 957; A.S.A. 1947, § 27-2201.

The bond of no executor or executrix, administrator or administratrix or guardian, nor any prosecution, appeal, nonresident, or attachment bond, nor any other statutory bonds of any party, plaintiff, or defendant in any court of justice in this state, nor any recognizance in any criminal cause in this state, shall be declared null and void for the want of form if the intent of the bond can be plainly deduced from the body of the bond or recognizance.

Acts 1857, § 1, p. 135; C. & M. Dig., § 801; Pope's Dig., § 957; A.S.A. 1947, § 27-2201.
Ark. Code Ann. § 16-65-501 — AR Code / Title 16 / Chapter 65 / Subchapter 5 / Section 16-65-501
Scire facias
Status: in_force

(a) The plaintiff or his or her legal representatives at any time before the expiration of the lien of a judgment may sue out a scire facias to revive the judgment. (b) The scire facias shall be served on the defendant or his or her legal representatives, terre-tenants, or other person occupying the land, and may be directed to and served in any county in this state. (c) (1) If the defendant cannot be found, the court shall make an order briefly setting forth the nature of the case and requiring all persons interested to appear on a date set by the court and show cause why the judgment or decree should not be revived and lien continued. (2) A copy of the order shall be put up for four (4) weeks at the courthouse door of the county in which the judgment or decree may have been rendered. (d) If upon service or publication of the scire facias, as required in subsection (c) of this section, the defendant or any other person interested does not appear and show cause why such judgment or decree shall not be revived, the judgment shall be revived and the lien continued for another period of ten (10) years and so on from time to time as often as may be necessary. (e) If a scire facias is sued out before the termination of the lien of any judgment or decree, the lien of the judgment revived shall have relation to the day on which the scire facias issued. (f) No scire facias to revive a judgment shall be issued except within ten (10) years from the date of the rendition of the judgment, or if the judgment shall have been previously revived, then within ten (10) years from the order of revivor. (g) (1) Unless before the expiration of a judgment the notice under subdivision (g)(2) of this section is recorded in the real property records of a county other than the county in which an action under this section is filed: (A) A scire facias to revive the judgment is not effective in the county other than the county in which an action under this section is filed; and (B) (i) A recorded judgment lien may not be revived against real property in the county other than the county in which an action under this section is filed. (ii) This subdivision (g)(1)(B) does not prevent a judgment creditor from registering a judgment or recording a judgment lien in a new county after a judgment is obtained or revived. (2) The notice shall include with respect to the action: (A) The names of the judgment debtors and judgment creditors; (B) The name of the court and case number in which the judgment was rendered; (C) The name of the county in which the petition for a writ of scire facias was filed; (D) The date on which the petition was filed; and (E) A statement that the filing party intends to maintain its judgment lien against any property of the judgment debtor located in the county in which the notice is filed. Rev. Stat., ch. 84, §§ 6-11; Acts 1891, No. 110, § 1, p. 192; C. & M. Dig., §§ 6316-6322; Pope's Dig., §§ 8271-8277; Acts 1983, No. 718, §§ 1, 2; 1985, No. 228, § 2; A.S.A. 1947, §§ 29-601--29-607; Acts 2011, No. 227, § 1.

(a) The plaintiff or his or her legal representatives at any time before the expiration of the lien of a judgment may sue out a scire facias to revive the judgment.

(b) The scire facias shall be served on the defendant or his or her legal representatives, terre-tenants, or other person occupying the land, and may be directed to and served in any county in this state.

(c) (1) If the defendant cannot be found, the court shall make an order briefly setting forth the nature of the case and requiring all persons interested to appear on a date set by the court and show cause why the judgment or decree should not be revived and lien continued. (2) A copy of the order shall be put up for four (4) weeks at the courthouse door of the county in which the judgment or decree may have been rendered.

(1) If the defendant cannot be found, the court shall make an order briefly setting forth the nature of the case and requiring all persons interested to appear on a date set by the court and show cause why the judgment or decree should not be revived and lien continued.

(2) A copy of the order shall be put up for four (4) weeks at the courthouse door of the county in which the judgment or decree may have been rendered.

(d) If upon service or publication of the scire facias, as required in subsection (c) of this section, the defendant or any other person interested does not appear and show cause why such judgment or decree shall not be revived, the judgment shall be revived and the lien continued for another period of ten (10) years and so on from time to time as often as may be necessary.

(e) If a scire facias is sued out before the termination of the lien of any judgment or decree, the lien of the judgment revived shall have relation to the day on which the scire facias issued.

(f) No scire facias to revive a judgment shall be issued except within ten (10) years from the date of the rendition of the judgment, or if the judgment shall have been previously revived, then within ten (10) years from the order of revivor.

(g) (1) Unless before the expiration of a judgment the notice under subdivision (g)(2) of this section is recorded in the real property records of a county other than the county in which an action under this section is filed: (A) A scire facias to revive the judgment is not effective in the county other than the county in which an action under this section is filed; and (B) (i) A recorded judgment lien may not be revived against real property in the county other than the county in which an action under this section is filed. (ii) This subdivision (g)(1)(B) does not prevent a judgment creditor from registering a judgment or recording a judgment lien in a new county after a judgment is obtained or revived. (2) The notice shall include with respect to the action: (A) The names of the judgment debtors and judgment creditors; (B) The name of the court and case number in which the judgment was rendered; (C) The name of the county in which the petition for a writ of scire facias was filed; (D) The date on which the petition was filed; and (E) A statement that the filing party intends to maintain its judgment lien against any property of the judgment debtor located in the county in which the notice is filed.

(1) Unless before the expiration of a judgment the notice under subdivision (g)(2) of this section is recorded in the real property records of a county other than the county in which an action under this section is filed: (A) A scire facias to revive the judgment is not effective in the county other than the county in which an action under this section is filed; and (B) (i) A recorded judgment lien may not be revived against real property in the county other than the county in which an action under this section is filed. (ii) This subdivision (g)(1)(B) does not prevent a judgment creditor from registering a judgment or recording a judgment lien in a new county after a judgment is obtained or revived.

(A) A scire facias to revive the judgment is not effective in the county other than the county in which an action under this section is filed; and

(B) (i) A recorded judgment lien may not be revived against real property in the county other than the county in which an action under this section is filed. (ii) This subdivision (g)(1)(B) does not prevent a judgment creditor from registering a judgment or recording a judgment lien in a new county after a judgment is obtained or revived.

(i) A recorded judgment lien may not be revived against real property in the county other than the county in which an action under this section is filed.

(ii) This subdivision (g)(1)(B) does not prevent a judgment creditor from registering a judgment or recording a judgment lien in a new county after a judgment is obtained or revived.

(2) The notice shall include with respect to the action: (A) The names of the judgment debtors and judgment creditors; (B) The name of the court and case number in which the judgment was rendered; (C) The name of the county in which the petition for a writ of scire facias was filed; (D) The date on which the petition was filed; and (E) A statement that the filing party intends to maintain its judgment lien against any property of the judgment debtor located in the county in which the notice is filed.

(A) The names of the judgment debtors and judgment creditors;

(B) The name of the court and case number in which the judgment was rendered;

(C) The name of the county in which the petition for a writ of scire facias was filed;

(D) The date on which the petition was filed; and

(E) A statement that the filing party intends to maintain its judgment lien against any property of the judgment debtor located in the county in which the notice is filed.

Rev. Stat., ch. 84, §§ 6-11; Acts 1891, No. 110, § 1, p. 192; C. & M. Dig., §§ 6316-6322; Pope's Dig., §§ 8271-8277; Acts 1983, No. 718, §§ 1, 2; 1985, No. 228, § 2; A.S.A. 1947, §§ 29-601--29-607; Acts 2011, No. 227, § 1.
Ark. Code Ann. § 16-93-302 — AR Code / Title 16 / Chapter 93 / Subchapter 3 / Section 16-93-302
Probation - First time offenders - Penalties
Status: in_force

(a) (1) A person may not avail himself or herself of the provisions of this section and §§ 16-93-301 and 16-93-303 on more than one (1) occasion. (2) Any person seeking to avail himself or herself of the benefits of this section and §§ 16-93-301 and 16-93-303 who falsely testifies, swears, or affirms to the court that he or she has not previously availed himself or herself of the benefits of this section and §§ 16-93-301 and 16-93-303 is guilty of a Class D felony. (b) (1) Any person charged under this section and §§ 16-93-301 and 16-93-303 with keeping the confidential records of first offenders, as provided in § 16-93-301 , who divulges any information contained in the records to any person or agency other than a law enforcement officer or judicial officer is guilty of a violation and upon conviction is subject to a fine of not more than five hundred dollars ($500). (2) Each violation shall be considered a separate offense. Acts 1975, No. 346, §§ 4, 5; A.S.A. 1947, §§ 43-1234, 43-1235; Acts 2005, No. 1994, § 432; 2011, No. 570, § 90.

(a) (1) A person may not avail himself or herself of the provisions of this section and §§ 16-93-301 and 16-93-303 on more than one (1) occasion. (2) Any person seeking to avail himself or herself of the benefits of this section and §§ 16-93-301 and 16-93-303 who falsely testifies, swears, or affirms to the court that he or she has not previously availed himself or herself of the benefits of this section and §§ 16-93-301 and 16-93-303 is guilty of a Class D felony.

(1) A person may not avail himself or herself of the provisions of this section and §§ 16-93-301 and 16-93-303 on more than one (1) occasion.

(2) Any person seeking to avail himself or herself of the benefits of this section and §§ 16-93-301 and 16-93-303 who falsely testifies, swears, or affirms to the court that he or she has not previously availed himself or herself of the benefits of this section and §§ 16-93-301 and 16-93-303 is guilty of a Class D felony.

(b) (1) Any person charged under this section and §§ 16-93-301 and 16-93-303 with keeping the confidential records of first offenders, as provided in § 16-93-301 , who divulges any information contained in the records to any person or agency other than a law enforcement officer or judicial officer is guilty of a violation and upon conviction is subject to a fine of not more than five hundred dollars ($500). (2) Each violation shall be considered a separate offense.

(1) Any person charged under this section and §§ 16-93-301 and 16-93-303 with keeping the confidential records of first offenders, as provided in § 16-93-301 , who divulges any information contained in the records to any person or agency other than a law enforcement officer or judicial officer is guilty of a violation and upon conviction is subject to a fine of not more than five hundred dollars ($500).

(2) Each violation shall be considered a separate offense.

Acts 1975, No. 346, §§ 4, 5; A.S.A. 1947, §§ 43-1234, 43-1235; Acts 2005, No. 1994, § 432; 2011, No. 570, § 90.
Ark. Code Ann. § 16-19-903 — AR Code / Title 16 / Chapter 19 / Subchapter 9 / Section 16-19-903
[Repealed]
Status: repealed

Repealed by Act 2021, No. 475,§ 15, eff. 7/28/2021. Acts 1873, No. 135, §§ 58, 59, p. 430; 1899, No. 29, § 2, p. 37; C. & M. Dig., §§ 6468, 6469; Pope's Dig., §§ 8430, 8431; A.S.A. 1947, §§ 26-1002, 26-1004.

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

Acts 1873, No. 135, §§ 58, 59, p. 430; 1899, No. 29, § 2, p. 37; C. & M. Dig., §§ 6468, 6469; Pope's Dig., §§ 8430, 8431; A.S.A. 1947, §§ 26-1002, 26-1004.
Ark. Code Ann. § 16-17-129 — AR Code / Title 16 / Chapter 17 / Subchapter 1 / Section 16-17-129
Levy to defray cost of incarcerating city and county prisoners
Status: in_force

(a) (1) (A) In addition to all fines now or as may hereafter be provided by law, the governing body of each town or city in which a district court is located may by ordinance levy and collect an additional fine not to exceed twenty dollars ($20.00) from each defendant upon each conviction, each plea of guilty or nolo contendere, or each bond forfeiture in all cases in the first class of accounting records as described in § 16-17-707 . (B) Except as provided in subdivision (a)(1)(C) of this section, all sums collected from the additional fine described in subdivision (a)(1)(A) of this section shall be paid into the town or city treasury to be deposited into a fund to be used exclusively to help defray the cost of incarcerating town or city prisoners, including the construction and maintenance of the town or city jail and payments to other entities for incarcerating town or city prisoners. (C) All sums collected from the additional fine described in subdivision (a)(1)(A) of this section in any district court that is funded solely by the county shall be paid into the county treasury to be deposited into a fund to be used exclusively to help defray the cost of incarcerating county prisoners, including the construction and maintenance of the county jail. (2) (A) In addition to all fines provided by law, the governing body of each town or city that has a police department or city marshal, and which contributes to the expenses of a district court under § 16-17-1203 , by ordinance may levy and collect an additional fine not to exceed twenty dollars ($20.00) from each defendant upon each conviction, each plea of guilty or nolo contendere, or each bond forfeiture for any misdemeanor or traffic violation in cases from the contributing town or city filed in the district court to which the town or city contributes. (B) All sums collected from the additional fine described in subdivision (a)(2)(A) of this section shall be paid into the town or city treasury to be deposited into a fund to be used exclusively to help defray the cost of incarcerating town or city prisoners, including the construction and maintenance of the town or city jail and payments to other entities for incarcerating town or city prisoners. (b) (1) In addition to all fines now or as may hereafter be provided by law, the quorum court of each county may by ordinance levy an additional fine not to exceed twenty dollars ($20.00) to be collected from each defendant upon each conviction, each plea of guilty or nolo contendere, or each bond forfeiture in all cases in the first and second class of accounting records as described in § 16-17-707 . A county ordinance enacted under this subdivision (b)(1) applies to all district courts in the county. (2) All sums collected from the additional fine described in subdivision (b)(1) of this section as to cases in the first class shall be paid into the county treasury to be deposited into a fund to be used exclusively to help defray the cost of: (A) The construction, maintenance, and operation of the city, county, or regional jail; (B) Deferring the costs of incarcerating county prisoners held by a county, a city, or any entity; (C) The transportation and incarceration of city or county prisoners; (D) The purchase and maintenance of equipment for the city, county, or regional jail; and (E) Training, salaries, and certificate pay for jail personnel. (3) All sums collected from the additional fine described in subdivision (b)(1) of this section as to cases of the second class shall be paid into the county treasury to be deposited into a fund to be used exclusively to help defray the cost of: (A) The construction, maintenance, and operation of the city, county, or regional jail; (B) Deferring the costs of incarcerating county prisoners held by a county, a city, or any entity; (C) The transportation and incarceration of city or county prisoners; (D) The purchase and maintenance of equipment for the city, county, or regional jail; and (E) Training, salaries, and certificate pay for jailers and deputy sheriffs. (c) (1) In counties having a county regional detention facility, the additional fine levied by the county under this section shall be deposited into a special fund within the county treasury. (2) The revenues generated by the additional fine shall be used exclusively for maintenance, operation, and capital expenditures of the regional detention facility. (d) It is the intention of the General Assembly that the revenues derived from the additional fines levied under this section shall not offset or reduce funding from other sources for the maintenance, operation, and capital expenditures of the regional detention facilities. (e) (1) The additional fine authorized in subsection (a) of this section shall apply to each charge, count, violation, or offense that a defendant pleads guilty or nolo contendere to, is found guilty of, or forfeits bond for, including each misdemeanor or traffic violation. (2) The fine may be imposed: (A) By all courts within a city of the first class, city of the second class, incorporated town, or county in this state that has by ordinance levied the fine; and (B) In all cases classified as county cases or city cases. (f) With respect to a violation of § 27-37-701 et seq., § 27-37-706 controls the maximum amount of fines that may be imposed under this section. Amended by Act 2021, No. 784,§ 1, eff. 7/28/2021. Amended by Act 2013, No. 1365,§ 1, eff. 8/16/2013. Acts 1999, No. 1336, §§ 1, 2; 2003, No. 1185, § 118; 2003, No. 1188, § 1; 2005, No. 1373, § 1; 2007, No. 1417, §§ 1, 2; 2009, No. 209, § 2.

(a) (1) (A) In addition to all fines now or as may hereafter be provided by law, the governing body of each town or city in which a district court is located may by ordinance levy and collect an additional fine not to exceed twenty dollars ($20.00) from each defendant upon each conviction, each plea of guilty or nolo contendere, or each bond forfeiture in all cases in the first class of accounting records as described in § 16-17-707 . (B) Except as provided in subdivision (a)(1)(C) of this section, all sums collected from the additional fine described in subdivision (a)(1)(A) of this section shall be paid into the town or city treasury to be deposited into a fund to be used exclusively to help defray the cost of incarcerating town or city prisoners, including the construction and maintenance of the town or city jail and payments to other entities for incarcerating town or city prisoners. (C) All sums collected from the additional fine described in subdivision (a)(1)(A) of this section in any district court that is funded solely by the county shall be paid into the county treasury to be deposited into a fund to be used exclusively to help defray the cost of incarcerating county prisoners, including the construction and maintenance of the county jail. (2) (A) In addition to all fines provided by law, the governing body of each town or city that has a police department or city marshal, and which contributes to the expenses of a district court under § 16-17-1203 , by ordinance may levy and collect an additional fine not to exceed twenty dollars ($20.00) from each defendant upon each conviction, each plea of guilty or nolo contendere, or each bond forfeiture for any misdemeanor or traffic violation in cases from the contributing town or city filed in the district court to which the town or city contributes. (B) All sums collected from the additional fine described in subdivision (a)(2)(A) of this section shall be paid into the town or city treasury to be deposited into a fund to be used exclusively to help defray the cost of incarcerating town or city prisoners, including the construction and maintenance of the town or city jail and payments to other entities for incarcerating town or city prisoners.

(1) (A) In addition to all fines now or as may hereafter be provided by law, the governing body of each town or city in which a district court is located may by ordinance levy and collect an additional fine not to exceed twenty dollars ($20.00) from each defendant upon each conviction, each plea of guilty or nolo contendere, or each bond forfeiture in all cases in the first class of accounting records as described in § 16-17-707 . (B) Except as provided in subdivision (a)(1)(C) of this section, all sums collected from the additional fine described in subdivision (a)(1)(A) of this section shall be paid into the town or city treasury to be deposited into a fund to be used exclusively to help defray the cost of incarcerating town or city prisoners, including the construction and maintenance of the town or city jail and payments to other entities for incarcerating town or city prisoners. (C) All sums collected from the additional fine described in subdivision (a)(1)(A) of this section in any district court that is funded solely by the county shall be paid into the county treasury to be deposited into a fund to be used exclusively to help defray the cost of incarcerating county prisoners, including the construction and maintenance of the county jail.

(A) In addition to all fines now or as may hereafter be provided by law, the governing body of each town or city in which a district court is located may by ordinance levy and collect an additional fine not to exceed twenty dollars ($20.00) from each defendant upon each conviction, each plea of guilty or nolo contendere, or each bond forfeiture in all cases in the first class of accounting records as described in § 16-17-707 .

(B) Except as provided in subdivision (a)(1)(C) of this section, all sums collected from the additional fine described in subdivision (a)(1)(A) of this section shall be paid into the town or city treasury to be deposited into a fund to be used exclusively to help defray the cost of incarcerating town or city prisoners, including the construction and maintenance of the town or city jail and payments to other entities for incarcerating town or city prisoners.

(C) All sums collected from the additional fine described in subdivision (a)(1)(A) of this section in any district court that is funded solely by the county shall be paid into the county treasury to be deposited into a fund to be used exclusively to help defray the cost of incarcerating county prisoners, including the construction and maintenance of the county jail.

(2) (A) In addition to all fines provided by law, the governing body of each town or city that has a police department or city marshal, and which contributes to the expenses of a district court under § 16-17-1203 , by ordinance may levy and collect an additional fine not to exceed twenty dollars ($20.00) from each defendant upon each conviction, each plea of guilty or nolo contendere, or each bond forfeiture for any misdemeanor or traffic violation in cases from the contributing town or city filed in the district court to which the town or city contributes. (B) All sums collected from the additional fine described in subdivision (a)(2)(A) of this section shall be paid into the town or city treasury to be deposited into a fund to be used exclusively to help defray the cost of incarcerating town or city prisoners, including the construction and maintenance of the town or city jail and payments to other entities for incarcerating town or city prisoners.

(A) In addition to all fines provided by law, the governing body of each town or city that has a police department or city marshal, and which contributes to the expenses of a district court under § 16-17-1203 , by ordinance may levy and collect an additional fine not to exceed twenty dollars ($20.00) from each defendant upon each conviction, each plea of guilty or nolo contendere, or each bond forfeiture for any misdemeanor or traffic violation in cases from the contributing town or city filed in the district court to which the town or city contributes.

(B) All sums collected from the additional fine described in subdivision (a)(2)(A) of this section shall be paid into the town or city treasury to be deposited into a fund to be used exclusively to help defray the cost of incarcerating town or city prisoners, including the construction and maintenance of the town or city jail and payments to other entities for incarcerating town or city prisoners.

(b) (1) In addition to all fines now or as may hereafter be provided by law, the quorum court of each county may by ordinance levy an additional fine not to exceed twenty dollars ($20.00) to be collected from each defendant upon each conviction, each plea of guilty or nolo contendere, or each bond forfeiture in all cases in the first and second class of accounting records as described in § 16-17-707 . A county ordinance enacted under this subdivision (b)(1) applies to all district courts in the county. (2) All sums collected from the additional fine described in subdivision (b)(1) of this section as to cases in the first class shall be paid into the county treasury to be deposited into a fund to be used exclusively to help defray the cost of: (A) The construction, maintenance, and operation of the city, county, or regional jail; (B) Deferring the costs of incarcerating county prisoners held by a county, a city, or any entity; (C) The transportation and incarceration of city or county prisoners; (D) The purchase and maintenance of equipment for the city, county, or regional jail; and (E) Training, salaries, and certificate pay for jail personnel. (3) All sums collected from the additional fine described in subdivision (b)(1) of this section as to cases of the second class shall be paid into the county treasury to be deposited into a fund to be used exclusively to help defray the cost of: (A) The construction, maintenance, and operation of the city, county, or regional jail; (B) Deferring the costs of incarcerating county prisoners held by a county, a city, or any entity; (C) The transportation and incarceration of city or county prisoners; (D) The purchase and maintenance of equipment for the city, county, or regional jail; and (E) Training, salaries, and certificate pay for jailers and deputy sheriffs.

(1) In addition to all fines now or as may hereafter be provided by law, the quorum court of each county may by ordinance levy an additional fine not to exceed twenty dollars ($20.00) to be collected from each defendant upon each conviction, each plea of guilty or nolo contendere, or each bond forfeiture in all cases in the first and second class of accounting records as described in § 16-17-707 . A county ordinance enacted under this subdivision (b)(1) applies to all district courts in the county.

(2) All sums collected from the additional fine described in subdivision (b)(1) of this section as to cases in the first class shall be paid into the county treasury to be deposited into a fund to be used exclusively to help defray the cost of: (A) The construction, maintenance, and operation of the city, county, or regional jail; (B) Deferring the costs of incarcerating county prisoners held by a county, a city, or any entity; (C) The transportation and incarceration of city or county prisoners; (D) The purchase and maintenance of equipment for the city, county, or regional jail; and (E) Training, salaries, and certificate pay for jail personnel.

(A) The construction, maintenance, and operation of the city, county, or regional jail;

(B) Deferring the costs of incarcerating county prisoners held by a county, a city, or any entity;

(C) The transportation and incarceration of city or county prisoners;

(D) The purchase and maintenance of equipment for the city, county, or regional jail; and

(E) Training, salaries, and certificate pay for jail personnel.

(3) All sums collected from the additional fine described in subdivision (b)(1) of this section as to cases of the second class shall be paid into the county treasury to be deposited into a fund to be used exclusively to help defray the cost of: (A) The construction, maintenance, and operation of the city, county, or regional jail; (B) Deferring the costs of incarcerating county prisoners held by a county, a city, or any entity; (C) The transportation and incarceration of city or county prisoners; (D) The purchase and maintenance of equipment for the city, county, or regional jail; and (E) Training, salaries, and certificate pay for jailers and deputy sheriffs.

(A) The construction, maintenance, and operation of the city, county, or regional jail;

(B) Deferring the costs of incarcerating county prisoners held by a county, a city, or any entity;

(C) The transportation and incarceration of city or county prisoners;

(D) The purchase and maintenance of equipment for the city, county, or regional jail; and

(E) Training, salaries, and certificate pay for jailers and deputy sheriffs.

(c) (1) In counties having a county regional detention facility, the additional fine levied by the county under this section shall be deposited into a special fund within the county treasury. (2) The revenues generated by the additional fine shall be used exclusively for maintenance, operation, and capital expenditures of the regional detention facility.

(1) In counties having a county regional detention facility, the additional fine levied by the county under this section shall be deposited into a special fund within the county treasury.

(2) The revenues generated by the additional fine shall be used exclusively for maintenance, operation, and capital expenditures of the regional detention facility.

(d) It is the intention of the General Assembly that the revenues derived from the additional fines levied under this section shall not offset or reduce funding from other sources for the maintenance, operation, and capital expenditures of the regional detention facilities.

(e) (1) The additional fine authorized in subsection (a) of this section shall apply to each charge, count, violation, or offense that a defendant pleads guilty or nolo contendere to, is found guilty of, or forfeits bond for, including each misdemeanor or traffic violation. (2) The fine may be imposed: (A) By all courts within a city of the first class, city of the second class, incorporated town, or county in this state that has by ordinance levied the fine; and (B) In all cases classified as county cases or city cases.

(1) The additional fine authorized in subsection (a) of this section shall apply to each charge, count, violation, or offense that a defendant pleads guilty or nolo contendere to, is found guilty of, or forfeits bond for, including each misdemeanor or traffic violation.

(2) The fine may be imposed: (A) By all courts within a city of the first class, city of the second class, incorporated town, or county in this state that has by ordinance levied the fine; and (B) In all cases classified as county cases or city cases.

(A) By all courts within a city of the first class, city of the second class, incorporated town, or county in this state that has by ordinance levied the fine; and

(B) In all cases classified as county cases or city cases.

(f) With respect to a violation of § 27-37-701 et seq., § 27-37-706 controls the maximum amount of fines that may be imposed under this section.

Amended by Act 2021, No. 784,§ 1, eff. 7/28/2021.

Amended by Act 2013, No. 1365,§ 1, eff. 8/16/2013.

Acts 1999, No. 1336, §§ 1, 2; 2003, No. 1185, § 118; 2003, No. 1188, § 1; 2005, No. 1373, § 1; 2007, No. 1417, §§ 1, 2; 2009, No. 209, § 2.
Ark. Code Ann. § 16-66-422 — AR Code / Title 16 / Chapter 66 / Subchapter 4 / Section 16-66-422
Execution of instrument conveying improvements on public land
Status: in_force

The officer who sells any improvement on the public lands of the United States shall, at the expense of the purchaser, execute an instrument in writing reciting the sale, the payment of the purchase money, describing the improvements, and conveying to the purchaser all the right, title, interest, and claim that the debtor had in the improvement at the time execution was levied thereon. Rev. Stat., ch. 60, § 55; C. & M. Dig., § 4335; Pope's Dig., § 5347; A.S.A. 1947, § 30-438.

The officer who sells any improvement on the public lands of the United States shall, at the expense of the purchaser, execute an instrument in writing reciting the sale, the payment of the purchase money, describing the improvements, and conveying to the purchaser all the right, title, interest, and claim that the debtor had in the improvement at the time execution was levied thereon.

Rev. Stat., ch. 60, § 55; C. & M. Dig., § 4335; Pope's Dig., § 5347; A.S.A. 1947, § 30-438.
Ark. Code Ann. § 16-123-207 — AR Code / Title 16 / Chapter 123 / Subchapter 2 / Section 16-123-207
Representations prohibited
Status: in_force

A person shall not represent, for the purpose of inducing a real estate transaction from which the person may benefit financially, that a change has occurred or will or may occur in the composition, with respect to religion, race, color, national origin, sex, disability, or familial status of the owners or occupants, in the block, neighborhood, or area in which the real property is located or represent that this change will or may result in the lowering of real property values, an increase in criminal or antisocial behavior, or a decline in the quality of schools in the block, neighborhood, or area in which in the real property is located. Acts 1995, No. 1129, § 1; 1995, No. 1327, § 1.

A person shall not represent, for the purpose of inducing a real estate transaction from which the person may benefit financially, that a change has occurred or will or may occur in the composition, with respect to religion, race, color, national origin, sex, disability, or familial status of the owners or occupants, in the block, neighborhood, or area in which the real property is located or represent that this change will or may result in the lowering of real property values, an increase in criminal or antisocial behavior, or a decline in the quality of schools in the block, neighborhood, or area in which in the real property is located.

Acts 1995, No. 1129, § 1; 1995, No. 1327, § 1.
Ark. Code Ann. § 16-111-113 — AR Code / Title 16 / Chapter 111 / Section 16-111-113
Words construed
Status: in_force

The word "person" wherever used in this chapter, shall be construed to mean any person, partnership, joint stock company, unincorporated association, or society, or municipal or other corporation of any character whatsoever. Amended by Act 2017, No. 1030,§ 1, eff. 4/6/2017. Acts 1953, No. 274, § 12; A.S.A. 1947, § 34-2512.

The word "person" wherever used in this chapter, shall be construed to mean any person, partnership, joint stock company, unincorporated association, or society, or municipal or other corporation of any character whatsoever.

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

Acts 1953, No. 274, § 12; A.S.A. 1947, § 34-2512.