Ark. Code Ann. § 16-90-108 — AR Code / Title 16 / Chapter 90 / Subchapter 1 / Section 16-90-108
Fixing of punishment - Misdemeanor
Status: in_force

(a) Whenever any person shall be convicted of a misdemeanor and the punishment for the offense is a fine, the judgment shall direct that the defendant be imprisoned until the fine and costs are paid. (b) (1) The person so convicted shall be incarcerated for a period not to exceed one (1) day for each two dollars ($2.00) of the fine and costs. (2) Where the laws of this state permit any fine so imposed to be discharged by a person through manual labor upon state, city, or municipal facilities, the fine shall be discharged at a rate not to exceed one (1) day of labor for each five dollars ($5.00) of the fine and cost. (c) Nothing in this section shall be construed to limit or restrict the authority of any court to suspend any sentence upon such conditions as the court may impose. Acts 1969, No. 156, § 1; A.S.A. 1947, § 43-2314.1.

(a) Whenever any person shall be convicted of a misdemeanor and the punishment for the offense is a fine, the judgment shall direct that the defendant be imprisoned until the fine and costs are paid.

(b) (1) The person so convicted shall be incarcerated for a period not to exceed one (1) day for each two dollars ($2.00) of the fine and costs. (2) Where the laws of this state permit any fine so imposed to be discharged by a person through manual labor upon state, city, or municipal facilities, the fine shall be discharged at a rate not to exceed one (1) day of labor for each five dollars ($5.00) of the fine and cost.

(1) The person so convicted shall be incarcerated for a period not to exceed one (1) day for each two dollars ($2.00) of the fine and costs.

(2) Where the laws of this state permit any fine so imposed to be discharged by a person through manual labor upon state, city, or municipal facilities, the fine shall be discharged at a rate not to exceed one (1) day of labor for each five dollars ($5.00) of the fine and cost.

(c) Nothing in this section shall be construed to limit or restrict the authority of any court to suspend any sentence upon such conditions as the court may impose.

Acts 1969, No. 156, § 1; A.S.A. 1947, § 43-2314.1.
Ark. Code Ann. § 16-63-402 — AR Code / Title 16 / Chapter 63 / Subchapter 4 / Section 16-63-402
Continuance for absence of evidence or witness
Status: in_force

(a) A motion to postpone a trial on account of the absence of evidence shall, if required by the opposite party, be made only upon affidavit showing the materiality of the evidence expected to be obtained and that due diligence has been used to obtain it. If the motion is for an absent witness, the affidavit must show what facts the affiant believes the witness will prove and not merely show the effect of the facts in evidence, that the affiant believes them to be true, and that the witness is not absent by the consent, connivance, or procurement of the party asking the postponement. (b) If thereupon the adverse party will admit that on trial the absent witness, if present, would testify to the statement contained in the application for a continuance, then the trial shall not be postponed for that cause. However, the opposite party may controvert the statement so set forth in the motion for continuance by evidence. Civil Code, § 340; Acts 1879, No. 26, § 1, p. 26; 1887, No. 18, § 1, p. 19; C. & M. Dig., § 1270; Pope's Dig., § 1494; A.S.A. 1947, § 27-1403.

(a) A motion to postpone a trial on account of the absence of evidence shall, if required by the opposite party, be made only upon affidavit showing the materiality of the evidence expected to be obtained and that due diligence has been used to obtain it. If the motion is for an absent witness, the affidavit must show what facts the affiant believes the witness will prove and not merely show the effect of the facts in evidence, that the affiant believes them to be true, and that the witness is not absent by the consent, connivance, or procurement of the party asking the postponement.

(b) If thereupon the adverse party will admit that on trial the absent witness, if present, would testify to the statement contained in the application for a continuance, then the trial shall not be postponed for that cause. However, the opposite party may controvert the statement so set forth in the motion for continuance by evidence.

Civil Code, § 340; Acts 1879, No. 26, § 1, p. 26; 1887, No. 18, § 1, p. 19; C. & M. Dig., § 1270; Pope's Dig., § 1494; A.S.A. 1947, § 27-1403.
Ark. Code Ann. § 16-17-703 — AR Code / Title 16 / Chapter 17 / Subchapter 7 / Section 16-17-703
Right to jury trial
Status: in_force

There shall be no jury trials in district court. In order that the right of trial by jury remains inviolate, all appeals from judgment in district court shall be de novo to circuit court. Acts 1987, No. 431, § 3; 2003, No. 1185, § 163.

There shall be no jury trials in district court. In order that the right of trial by jury remains inviolate, all appeals from judgment in district court shall be de novo to circuit court.

Acts 1987, No. 431, § 3; 2003, No. 1185, § 163.
Ark. Code Ann. § 16-126-103 — AR Code / Title 16 / Chapter 126 / Section 16-126-103
Civil liability for sale of alcohol to a minor
Status: in_force

In cases where it has been proven that an alcoholic beverage retailer knowingly sold alcoholic beverages to a minor or sold under circumstances where such retailer reasonably should have known such purchaser was a minor, a civil jury may determine whether or not such knowing sale constituted the proximate cause of any injury to such minor, or to a third person, caused by such minor. Acts 1999, No. 1596, § 3.

In cases where it has been proven that an alcoholic beverage retailer knowingly sold alcoholic beverages to a minor or sold under circumstances where such retailer reasonably should have known such purchaser was a minor, a civil jury may determine whether or not such knowing sale constituted the proximate cause of any injury to such minor, or to a third person, caused by such minor.

Acts 1999, No. 1596, § 3.
Ark. Code Ann. § 16-119-102 — AR Code / Title 16 / Chapter 119 / Section 16-119-102
Proceedings for restoring records generally
Status: in_force

In adjudicating upon any petition filed under the provisions of this chapter, similar proceedings shall be had as upon any other cases pending in the court with the same right of appeal and of suing out writs of error to the high legal tribunals. Acts 1855, § 7, p. 113; 1857, §§ 1, 2, p. 81; C. & M. Dig., §§ 8342, 8351; Pope's Dig., §§ 10938, 10947; A.S.A. 1947, §§ 16-409, 16-411, 16-412.

In adjudicating upon any petition filed under the provisions of this chapter, similar proceedings shall be had as upon any other cases pending in the court with the same right of appeal and of suing out writs of error to the high legal tribunals.

Acts 1855, § 7, p. 113; 1857, §§ 1, 2, p. 81; C. & M. Dig., §§ 8342, 8351; Pope's Dig., §§ 10938, 10947; A.S.A. 1947, §§ 16-409, 16-411, 16-412.
Ark. Code Ann. § 16-121-103 — AR Code / Title 16 / Chapter 121 / Section 16-121-103
Civil cause of action
Status: in_force

(a) Any utility supplier damaged through meter tampering or other acts by any person; including any acts which divert, or cause to be diverted, any utility service by any means whatsoever; or which make, or cause to be made, any unauthorized reconnection with property owned or used by the supplier to provide utility services without the authorization or consent of the utility supplier, shall have a cause of action against any such person found in violation of this section in the circuit courts of this state for all damages resulting therefrom, including actual, consequential, and punitive damages. (b) Such utility supplier shall be entitled to no less than three (3) times the amount of damages and shall also be entitled to reasonable attorney's fees. (c) The cause of action created by this section exists regardless of any criminal charge against a utility customer for defrauding or depriving a utility supplier of proper charges or payment for utility service or damaged metering devices. Acts 1989, No. 595, § 3.

(a) Any utility supplier damaged through meter tampering or other acts by any person; including any acts which divert, or cause to be diverted, any utility service by any means whatsoever; or which make, or cause to be made, any unauthorized reconnection with property owned or used by the supplier to provide utility services without the authorization or consent of the utility supplier, shall have a cause of action against any such person found in violation of this section in the circuit courts of this state for all damages resulting therefrom, including actual, consequential, and punitive damages.

(b) Such utility supplier shall be entitled to no less than three (3) times the amount of damages and shall also be entitled to reasonable attorney's fees.

(c) The cause of action created by this section exists regardless of any criminal charge against a utility customer for defrauding or depriving a utility supplier of proper charges or payment for utility service or damaged metering devices.

Acts 1989, No. 595, § 3.
Ark. Code Ann. § 16-13-1401 — AR Code / Title 16 / Chapter 13 / Subchapter 14 / Section 16-13-1401
Composition
Status: in_force

The Sixth Judicial District shall be composed of the counties of Perry and Pulaski. Acts 1977, No. 342, § 1; A.S.A. 1947, § 22-365.

The Sixth Judicial District shall be composed of the counties of Perry and Pulaski.

Acts 1977, No. 342, § 1; A.S.A. 1947, § 22-365.
Ark. Code Ann. § 16-17-913 — AR Code / Title 16 / Chapter 17 / Subchapter 9 / Section 16-17-913
[Repealed]
Status: repealed

Repealed by Act 2017, No. 723,§ 1, eff. 8/1/2017. Acts 2003, No. 1727, §; 13; 2007, No. 663, § 42.

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

Acts 2003, No. 1727, §; 13; 2007, No. 663, § 42.
Ark. Code Ann. § 16-21-153 — AR Code / Title 16 / Chapter 21 / Subchapter 1 / Section 16-21-153
License - Confirmation - Vacancies
Status: in_force

(a) Each person selected as a deputy prosecuting attorney shall be licensed to practice law in the State of Arkansas. (b) Deputy prosecuting attorneys shall be appointed by elected prosecuting attorneys without confirmation of any court or tribunal and may be removed at any time by the prosecuting attorneys appointing them. (c) Vacancies in the office of deputy prosecuting attorney shall be filled in the same manner as the initial appointment. Acts 1999, No. 1044, § 3.

(a) Each person selected as a deputy prosecuting attorney shall be licensed to practice law in the State of Arkansas.

(b) Deputy prosecuting attorneys shall be appointed by elected prosecuting attorneys without confirmation of any court or tribunal and may be removed at any time by the prosecuting attorneys appointing them.

(c) Vacancies in the office of deputy prosecuting attorney shall be filled in the same manner as the initial appointment.

Acts 1999, No. 1044, § 3.
Ark. Code Ann. § 16-21-141 — AR Code / Title 16 / Chapter 21 / Subchapter 1 / Section 16-21-141
The Eighteenth Judicial District-East
Status: in_force

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

The Eighteenth Judicial District-East shall be a Division A Judicial District.

Acts 1993, No. 1306, § 1.
Ark. Code Ann. § 16-55-211 — AR Code / Title 16 / Chapter 55 / Subchapter 2 / Section 16-55-211
Bifurcated proceeding
Status: in_force

(a) (1) In any case in which punitive damages are sought, any party may request a bifurcated proceeding at least ten (10) days prior to trial. (2) If a bifurcated proceeding has been requested by either party, then: (A) The finder of fact first shall determine whether compensatory damages are to be awarded; and (B) After a compensatory damages award determination, the finder of fact then shall determine whether and in what amount punitive damages will be awarded. (b) Evidence of the financial condition of the defendant and other evidence relevant only to punitive damages is not admissible with regard to any compensatory damages determination. Acts 2003, No. 649, § 14.

(a) (1) In any case in which punitive damages are sought, any party may request a bifurcated proceeding at least ten (10) days prior to trial. (2) If a bifurcated proceeding has been requested by either party, then: (A) The finder of fact first shall determine whether compensatory damages are to be awarded; and (B) After a compensatory damages award determination, the finder of fact then shall determine whether and in what amount punitive damages will be awarded.

(1) In any case in which punitive damages are sought, any party may request a bifurcated proceeding at least ten (10) days prior to trial.

(2) If a bifurcated proceeding has been requested by either party, then: (A) The finder of fact first shall determine whether compensatory damages are to be awarded; and (B) After a compensatory damages award determination, the finder of fact then shall determine whether and in what amount punitive damages will be awarded.

(A) The finder of fact first shall determine whether compensatory damages are to be awarded; and

(B) After a compensatory damages award determination, the finder of fact then shall determine whether and in what amount punitive damages will be awarded.

(b) Evidence of the financial condition of the defendant and other evidence relevant only to punitive damages is not admissible with regard to any compensatory damages determination.

Acts 2003, No. 649, § 14.
Ark. Code Ann. § 16-88-202 — AR Code / Title 16 / Chapter 88 / Subchapter 2 / Section 16-88-202
Removal as to several defendants
Status: in_force

When there are several defendants in any indictment or criminal prosecution and the cause of the removal of the defendants exists only as to one (1) or more of them, the other defendants shall be tried and all proceedings had against them in the county in which the case is pending, in all respects as if no order of removal had been made as to any defendant. Crim. Code, § 431, as added by Acts 1873, No. 98, § 1, p. 234; C. & M. Dig., § 3107; Pope's Dig., § 3937; A.S.A. 1947, § 43-1517.

When there are several defendants in any indictment or criminal prosecution and the cause of the removal of the defendants exists only as to one (1) or more of them, the other defendants shall be tried and all proceedings had against them in the county in which the case is pending, in all respects as if no order of removal had been made as to any defendant.

Crim. Code, § 431, as added by Acts 1873, No. 98, § 1, p. 234; C. & M. Dig., § 3107; Pope's Dig., § 3937; A.S.A. 1947, § 43-1517.
Ark. Code Ann. § 16-63-210 — AR Code / Title 16 / Chapter 63 / Subchapter 2 / Section 16-63-210
[Repealed]
Status: repealed

Repealed by Act 2013, No. 1148,§ 41, eff. 8/16/2013. Civil Code, § 145; C. & M. Dig., § 1230; Pope's Dig., § 1454; A.S.A. 1947, § 27-1145.

Repealed by Act 2013, No. 1148,§ 41, eff. 8/16/2013.

Civil Code, § 145; C. & M. Dig., § 1230; Pope's Dig., § 1454; A.S.A. 1947, § 27-1145.
Ark. Code Ann. § 16-89-130 — AR Code / Title 16 / Chapter 89 / Section 16-89-130
New trial
Status: in_force

(a) A new trial is the reexamination of an issue of fact in the same court by another jury after a verdict has been given. (b) The application for a new trial must be made at the same term at which the verdict is rendered, unless the judgment is postponed to another term, in which case it may be made at any time before judgment. (c) The court in which a trial is had upon an issue of fact may grant a new trial when a verdict is rendered against the defendant by which his or her substantial rights have been prejudiced, upon his or her motion, in the following cases: (1) Where the trial in the case of a felony was commenced and completed in his or her absence; (2) Where the jury has received any evidence out of court other than that resulting from a view as provided in this code; (3) Where the verdict has been decided by lot, or in any other manner than by a fair expression of opinion by the jurors; (4) Where the court has misinstructed or refused to properly instruct the jury; (5) Where the verdict is against law or evidence; (6) Where the defendant has discovered important evidence in his or her favor since the verdict; and (7) Where, from the misconduct of the jury or from any other cause, the court is of opinion that the defendant has not received a fair and impartial trial. (d) The granting of a new trial places the parties in the same position as if no trial had been had. All the testimony must be produced anew, and the former verdict cannot be used or referred to in evidence or in argument. Crim. Code, §§ 266-268, 270; C. & M. Dig., §§ 3217-3219, 3221; Pope's Dig., §§ 4057-4059, 4061; A.S.A. 1947, §§ 43-2201 -- 43-2203, 43-2205.

(a) A new trial is the reexamination of an issue of fact in the same court by another jury after a verdict has been given.

(b) The application for a new trial must be made at the same term at which the verdict is rendered, unless the judgment is postponed to another term, in which case it may be made at any time before judgment.

(c) The court in which a trial is had upon an issue of fact may grant a new trial when a verdict is rendered against the defendant by which his or her substantial rights have been prejudiced, upon his or her motion, in the following cases: (1) Where the trial in the case of a felony was commenced and completed in his or her absence; (2) Where the jury has received any evidence out of court other than that resulting from a view as provided in this code; (3) Where the verdict has been decided by lot, or in any other manner than by a fair expression of opinion by the jurors; (4) Where the court has misinstructed or refused to properly instruct the jury; (5) Where the verdict is against law or evidence; (6) Where the defendant has discovered important evidence in his or her favor since the verdict; and (7) Where, from the misconduct of the jury or from any other cause, the court is of opinion that the defendant has not received a fair and impartial trial.

(1) Where the trial in the case of a felony was commenced and completed in his or her absence;

(2) Where the jury has received any evidence out of court other than that resulting from a view as provided in this code;

(3) Where the verdict has been decided by lot, or in any other manner than by a fair expression of opinion by the jurors;

(4) Where the court has misinstructed or refused to properly instruct the jury;

(5) Where the verdict is against law or evidence;

(6) Where the defendant has discovered important evidence in his or her favor since the verdict; and

(7) Where, from the misconduct of the jury or from any other cause, the court is of opinion that the defendant has not received a fair and impartial trial.

(d) The granting of a new trial places the parties in the same position as if no trial had been had. All the testimony must be produced anew, and the former verdict cannot be used or referred to in evidence or in argument.

Crim. Code, §§ 266-268, 270; C. & M. Dig., §§ 3217-3219, 3221; Pope's Dig., §§ 4057-4059, 4061; A.S.A. 1947, §§ 43-2201 -- 43-2203, 43-2205.
Ark. Code Ann. § 16-19-404 — AR Code / Title 16 / Chapter 19 / Subchapter 4 / Section 16-19-404
[Repealed]
Status: repealed

Repealed by Act 2021, No. 475,§ 15, eff. 7/28/2021. Acts 1873, No. 135, § 3, p. 430; C. & M. Dig., § 6403; Pope's Dig., § 8365; A.S.A. 1947, § 26-303.

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

Acts 1873, No. 135, § 3, p. 430; C. & M. Dig., § 6403; Pope's Dig., § 8365; A.S.A. 1947, § 26-303.
Ark. Code Ann. § 16-106-302 — AR Code / Title 16 / Chapter 106 / Subchapter 3 / Section 16-106-302
Sanctions for frivolous, malicious, or wasteful claim
Status: in_force

(a) The court shall, on its own motion or on the motion of a party, dismiss any action brought with respect to prison conditions under 42 U.S.C. § 1983 or any other federal law, by any incarcerated person if the court is satisfied that the action is frivolous, malicious, fails to state a claim upon which relief can be granted, or seeks monetary relief from a defendant who is immune from such relief. (b) In the event that a claim is, on its face, frivolous, malicious, fails to state a claim upon which relief can be granted, or seeks monetary relief from a defendant who is immune from such relief, the court may dismiss the underlying claim without first requiring the exhaustion of administrative remedies. Acts 1997, No. 851, § 2.

(a) The court shall, on its own motion or on the motion of a party, dismiss any action brought with respect to prison conditions under 42 U.S.C. § 1983 or any other federal law, by any incarcerated person if the court is satisfied that the action is frivolous, malicious, fails to state a claim upon which relief can be granted, or seeks monetary relief from a defendant who is immune from such relief.

(b) In the event that a claim is, on its face, frivolous, malicious, fails to state a claim upon which relief can be granted, or seeks monetary relief from a defendant who is immune from such relief, the court may dismiss the underlying claim without first requiring the exhaustion of administrative remedies.

Acts 1997, No. 851, § 2.
Ark. Code Ann. § 16-17-118 — AR Code / Title 16 / Chapter 17 / Subchapter 1 / Section 16-17-118
Power to postpone or suspend sentence in misdemeanor cases
Status: in_force

Each judge of the district court shall have the same power to postpone or suspend sentence in misdemeanor cases as is conferred upon the circuit judges of the state. Acts 1961, No. 67, § 2; 1961, No. 159, § 2; A.S.A. 1947, § 22-754.

Each judge of the district court shall have the same power to postpone or suspend sentence in misdemeanor cases as is conferred upon the circuit judges of the state.

Acts 1961, No. 67, § 2; 1961, No. 159, § 2; A.S.A. 1947, § 22-754.
Ark. Code Ann. § 16-33-306 — AR Code / Title 16 / Chapter 33 / Subchapter 3 / Section 16-33-306
Challenge to trial jurors - Order
Status: in_force

The challenges of either party need not be all taken together, but may be taken separately, in the following order: (1) To the panel; (2) To the individual juror for general disqualification; (3) To the individual juror for implied bias; (4) To the individual juror for actual bias; (5) Peremptory. Crim. Code, § 217, C. & M. Dig., § 3165; Pope's Dig., § 4001; A.S.A. 1947, § 43-1925.

The challenges of either party need not be all taken together, but may be taken separately, in the following order:

(1) To the panel;

(2) To the individual juror for general disqualification;

(3) To the individual juror for implied bias;

(4) To the individual juror for actual bias;

(5) Peremptory.

Crim. Code, § 217, C. & M. Dig., § 3165; Pope's Dig., § 4001; A.S.A. 1947, § 43-1925.
Ark. Code Ann. § 16-11-114 — AR Code / Title 16 / Chapter 11 / Subchapter 1 / Section 16-11-114
[Repealed]
Status: repealed

Repealed by Act 2021, No. 475,§ 9, eff. 7/28/2021. Acts 1985, No. 665, § 1; A.S.A. 1947, § 22-140.

Repealed by Act 2021, No. 475,§ 9, eff. 7/28/2021.

Acts 1985, No. 665, § 1; A.S.A. 1947, § 22-140.
Ark. Code Ann. § 16-93-1201 — AR Code / Title 16 / Chapter 93 / Subchapter 12 / Section 16-93-1201
Findings and determinations
Status: in_force

(a) The State of Arkansas hereby finds that the cost of incarcerating the ever-increasing numbers of offenders in traditional penitentiaries is skyrocketing, bringing added fiscal pressures on state government, and that some inmates can be effectively punished, with little risk to the public, in a more affordable manner through the use of community correction programs and nontraditional facilities. (b) As a result of the rising cost of traditional incarceration, the state finds that the purpose of corrections in Arkansas is twofold: (1) "Community correction", defined as both nontraditional correction centers and nonresidential community corrections, including supervision on probation, parole, and transfer, is charged with the provision of correction focused on promoting offender accountability and the supervision of offenders at appropriate levels to promote public safety; and (2) (A) "Institutions", defined as traditional prison beds, are charged with the appropriate incapacitation of high risk offenders. (B) "Incapacitation" involves traditional aspects of incarceration coupled with highly supervised community correction when appropriate. (C) "High risk" is defined as those convicted of the most serious offenses, those who have longer criminal histories, and those who have repeatedly failed to comply with conditions imposed under less restrictive sanctions. (c) Furthermore, the state determines that services designed to address offender needs must be integrated into the framework of both institutions and community correction programs and must be balanced with supervision and correction such that the community is repaid for the offense, public safety is promoted through supervision, and the offender is assisted in becoming a law-abiding member of society. Acts 1993, No. 531, § 1; 1993, No. 548, § 1; 2005, No. 1994, § 287.

(a) The State of Arkansas hereby finds that the cost of incarcerating the ever-increasing numbers of offenders in traditional penitentiaries is skyrocketing, bringing added fiscal pressures on state government, and that some inmates can be effectively punished, with little risk to the public, in a more affordable manner through the use of community correction programs and nontraditional facilities.

(b) As a result of the rising cost of traditional incarceration, the state finds that the purpose of corrections in Arkansas is twofold: (1) "Community correction", defined as both nontraditional correction centers and nonresidential community corrections, including supervision on probation, parole, and transfer, is charged with the provision of correction focused on promoting offender accountability and the supervision of offenders at appropriate levels to promote public safety; and (2) (A) "Institutions", defined as traditional prison beds, are charged with the appropriate incapacitation of high risk offenders. (B) "Incapacitation" involves traditional aspects of incarceration coupled with highly supervised community correction when appropriate. (C) "High risk" is defined as those convicted of the most serious offenses, those who have longer criminal histories, and those who have repeatedly failed to comply with conditions imposed under less restrictive sanctions.

(1) "Community correction", defined as both nontraditional correction centers and nonresidential community corrections, including supervision on probation, parole, and transfer, is charged with the provision of correction focused on promoting offender accountability and the supervision of offenders at appropriate levels to promote public safety; and

(2) (A) "Institutions", defined as traditional prison beds, are charged with the appropriate incapacitation of high risk offenders. (B) "Incapacitation" involves traditional aspects of incarceration coupled with highly supervised community correction when appropriate. (C) "High risk" is defined as those convicted of the most serious offenses, those who have longer criminal histories, and those who have repeatedly failed to comply with conditions imposed under less restrictive sanctions.

(A) "Institutions", defined as traditional prison beds, are charged with the appropriate incapacitation of high risk offenders.

(B) "Incapacitation" involves traditional aspects of incarceration coupled with highly supervised community correction when appropriate.

(C) "High risk" is defined as those convicted of the most serious offenses, those who have longer criminal histories, and those who have repeatedly failed to comply with conditions imposed under less restrictive sanctions.

(c) Furthermore, the state determines that services designed to address offender needs must be integrated into the framework of both institutions and community correction programs and must be balanced with supervision and correction such that the community is repaid for the offense, public safety is promoted through supervision, and the offender is assisted in becoming a law-abiding member of society.

Acts 1993, No. 531, § 1; 1993, No. 548, § 1; 2005, No. 1994, § 287.
Ark. Code Ann. § 16-90-1003 — AR Code / Title 16 / Chapter 90 / Subchapter 10 / Section 16-90-1003
Certification of local programs
Status: in_force

(a) (1) The Crime Victims Reparations Board shall, at the request of a judge, determine whether a local crime stoppers program is qualified to receive repayments of rewards. (2) The board shall approve a local crime stoppers program to receive those repayments if, considering the organization, continuity, leadership, community support, and general conduct of the local crime stoppers program, the board determines that the repayments will be spent to further the crime prevention purposes of the local crime stoppers program. (b) Each local crime stoppers program certified by the board to receive payments is subject to an annual audit by an independent accounting firm and must submit the audit to the board for review. Acts 1995, No. 1300, § 6.

(a) (1) The Crime Victims Reparations Board shall, at the request of a judge, determine whether a local crime stoppers program is qualified to receive repayments of rewards. (2) The board shall approve a local crime stoppers program to receive those repayments if, considering the organization, continuity, leadership, community support, and general conduct of the local crime stoppers program, the board determines that the repayments will be spent to further the crime prevention purposes of the local crime stoppers program.

(1) The Crime Victims Reparations Board shall, at the request of a judge, determine whether a local crime stoppers program is qualified to receive repayments of rewards.

(2) The board shall approve a local crime stoppers program to receive those repayments if, considering the organization, continuity, leadership, community support, and general conduct of the local crime stoppers program, the board determines that the repayments will be spent to further the crime prevention purposes of the local crime stoppers program.

(b) Each local crime stoppers program certified by the board to receive payments is subject to an annual audit by an independent accounting firm and must submit the audit to the board for review.

Acts 1995, No. 1300, § 6.
Ark. Code Ann. § 16-19-1108 — AR Code / Title 16 / Chapter 19 / Subchapter 11 / Section 16-19-1108
[Repealed]
Status: repealed

Repealed by Act 2021, No. 475,§ 15, eff. 7/28/2021. Acts 1873, No. 135, §§ 117, 118, p. 430; C. & M. Dig., §§ 6533, 6534; Pope's Dig., §§ 8495, 8496; A.S.A. 1947, §§ 26-1323, 26-1324.

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

Acts 1873, No. 135, §§ 117, 118, p. 430; C. & M. Dig., §§ 6533, 6534; Pope's Dig., §§ 8495, 8496; A.S.A. 1947, §§ 26-1323, 26-1324.
Ark. Code Ann. § 16-21-156 — AR Code / Title 16 / Chapter 21 / Subchapter 1 / Section 16-21-156
Funding of expenses and additional employees of the prosecuting attorneys' offices
Status: in_force

Each county or counties within a judicial district shall continue to bear the responsibility and expense of providing, at the county's expense through an annual appropriation, the following, at sufficient levels for operation, but not less than the amounts appropriated by ordinance in effect January 1, 1999: (1) The cost of facilities, equipment, supplies, salaries and benefits of existing support staff, and other office expenses for elected prosecuting attorneys and deputy prosecuting attorneys, and any and all other line item appropriations as approved in the 1999 county budget except for deputy prosecuting attorneys' salaries and benefits; and (2) The county shall provide compensation of additional personnel and expenses within the office of prosecuting attorney and deputy prosecuting attorney, when approved by the quorum court. Acts 1999, No. 1044, § 10.

Each county or counties within a judicial district shall continue to bear the responsibility and expense of providing, at the county's expense through an annual appropriation, the following, at sufficient levels for operation, but not less than the amounts appropriated by ordinance in effect January 1, 1999:

(1) The cost of facilities, equipment, supplies, salaries and benefits of existing support staff, and other office expenses for elected prosecuting attorneys and deputy prosecuting attorneys, and any and all other line item appropriations as approved in the 1999 county budget except for deputy prosecuting attorneys' salaries and benefits; and

(2) The county shall provide compensation of additional personnel and expenses within the office of prosecuting attorney and deputy prosecuting attorney, when approved by the quorum court.

Acts 1999, No. 1044, § 10.
Ark. Code Ann. § 16-61-201 — AR Code / Title 16 / Chapter 61 / Subchapter 2 / Section 16-61-201
[For applicabity, see Notes] Definitions
Status: in_force

As used in this subchapter: (1) "Joint tortfeasor" means two (2) or more persons or entities who may have joint liability or several liability in tort for the same injury to person or property, whether or not judgment has been recovered against all or some of them; and (2) "Several liability" means that each person or entity is liable only for the amount of damages allocated to that defendant in direct proportion to that defendant's percentage of fault. Amended by Act 2013, No. 1116,§ 2, eff. 8/16/2013, and applicable to all causes of action accruing on or after March 25, 2003. Acts 1941, No. 315, § 1; A.S.A. 1947, § 34-1001.

As used in this subchapter:

(1) "Joint tortfeasor" means two (2) or more persons or entities who may have joint liability or several liability in tort for the same injury to person or property, whether or not judgment has been recovered against all or some of them; and

(2) "Several liability" means that each person or entity is liable only for the amount of damages allocated to that defendant in direct proportion to that defendant's percentage of fault.

Amended by Act 2013, No. 1116,§ 2, eff. 8/16/2013, and applicable to all causes of action accruing on or after March 25, 2003.

Acts 1941, No. 315, § 1; A.S.A. 1947, § 34-1001.
Ark. Code Ann. § 16-63-401 — AR Code / Title 16 / Chapter 63 / Subchapter 4 / Section 16-63-401
[Repealed]
Status: repealed

Repealed by Act 2013, No. 1148,§ 48, eff. 8/16/2013. Civil Code, § 157; C. & M. Dig., § 1244; Pope's Dig., § 1468; A.S.A. 1947, § 27-1402.

Repealed by Act 2013, No. 1148,§ 48, eff. 8/16/2013.

Civil Code, § 157; C. & M. Dig., § 1244; Pope's Dig., § 1468; A.S.A. 1947, § 27-1402.
Ark. Code Ann. § 16-46-401 — AR Code / Title 16 / Chapter 46 / Subchapter 4 / Section 16-46-401
Title
Status: in_force

This subchapter shall be known and may be cited as the "Patient Medical Records Privacy Act". Acts 2005, No. 1436, § 1.

This subchapter shall be known and may be cited as the "Patient Medical Records Privacy Act".

Acts 2005, No. 1436, § 1.
Ark. Code Ann. § 16-95-107 — AR Code / Title 16 / Chapter 95 / Section 16-95-107
Administration
Status: in_force

The Director of the Division of Correction or his or her designee is authorized to serve as central administrator of, and information agent for, the Agreement on Detainers. Amended by Act 2017, No. 305,§ 2, eff. 8/1/2017. Acts 1971, No. 705, § 7; A.S.A. 1947, § 43-3207.

The Director of the Division of Correction or his or her designee is authorized to serve as central administrator of, and information agent for, the Agreement on Detainers.

Amended by Act 2017, No. 305,§ 2, eff. 8/1/2017.

Acts 1971, No. 705, § 7; A.S.A. 1947, § 43-3207.
Ark. Code Ann. § 16-85-502 — AR Code / Title 16 / Chapter 85 / Subchapter 5 / Section 16-85-502
Minutes
Status: in_force

The minutes of the proceedings and evidence shall be delivered to the prosecuting attorney when directed by the grand jury. Rev. Stat., ch. 45, § 62; C. & M. Dig., § 2981; Pope's Dig., § 3803; A.S.A. 1947, § 43-906.

The minutes of the proceedings and evidence shall be delivered to the prosecuting attorney when directed by the grand jury.

Rev. Stat., ch. 45, § 62; C. & M. Dig., § 2981; Pope's Dig., § 3803; A.S.A. 1947, § 43-906.
Ark. Code Ann. § 16-13-2804 — AR Code / Title 16 / Chapter 13 / Subchapter 28 / Section 16-13-2804
Responsibility for expenses
Status: in_force

(a) In lieu of any other expenses incurred by each court provided by law for the Twentieth Judicial District, each county of the circuit shall be responsible for the following amounts: (1) Searcy County . One thousand five hundred dollars ($1,500); (2) Van Buren County . Five hundred dollars ($500); and (3) Faulkner County . All other expenses not otherwise provided for by law. (b) Nothing herein shall be construed to prevent the respective quorum courts of the counties in the district from paying more than the amounts set forth herein. Acts 1989, No. 802, §§ 5, 9.

(a) In lieu of any other expenses incurred by each court provided by law for the Twentieth Judicial District, each county of the circuit shall be responsible for the following amounts: (1) Searcy County . One thousand five hundred dollars ($1,500); (2) Van Buren County . Five hundred dollars ($500); and (3) Faulkner County . All other expenses not otherwise provided for by law.

(1) Searcy County . One thousand five hundred dollars ($1,500);

(2) Van Buren County . Five hundred dollars ($500); and

(3) Faulkner County . All other expenses not otherwise provided for by law.

(b) Nothing herein shall be construed to prevent the respective quorum courts of the counties in the district from paying more than the amounts set forth herein.

Acts 1989, No. 802, §§ 5, 9.
Ark. Code Ann. § 16-13-3003 — AR Code / Title 16 / Chapter 13 / Subchapter 30 / Section 16-13-3003
Prosecuting attorneys
Status: in_force

(a) At the 1998 general election, the qualified electors of Carroll County shall elect a person who shall serve as the prosecuting attorney for the Nineteenth Judicial District-East beginning January 1, 1999. (b) At the 1998 general election, the qualified electors of Benton County shall elect a person who shall serve as the prosecuting attorney for the Nineteenth Judicial District-West beginning January 1, 1999. Acts 1997, No. 797, § 3.

(a) At the 1998 general election, the qualified electors of Carroll County shall elect a person who shall serve as the prosecuting attorney for the Nineteenth Judicial District-East beginning January 1, 1999.

(b) At the 1998 general election, the qualified electors of Benton County shall elect a person who shall serve as the prosecuting attorney for the Nineteenth Judicial District-West beginning January 1, 1999.

Acts 1997, No. 797, § 3.
Ark. Code Ann. § 16-58-127 — AR Code / Title 16 / Chapter 58 / Section 16-58-127
Method of service - Foreign corporations
Status: in_force

Where the defendant is a foreign corporation having an agent in this state, the service may be upon the agent. Civil Code, § 72; C. & M. Dig., § 1151; Pope's Dig., § 1368; A.S.A. 1947, § 27-350.

Where the defendant is a foreign corporation having an agent in this state, the service may be upon the agent.

Civil Code, § 72; C. & M. Dig., § 1151; Pope's Dig., § 1368; A.S.A. 1947, § 27-350.
Ark. Code Ann. § 16-66-113 — AR Code / Title 16 / Chapter 66 / Subchapter 1 / Section 16-66-113
Alias execution
Status: in_force

(a) If an execution is issued and the plaintiff desires to take out another at his or her own proper costs, the clerk may issue the execution, though the previous execution has not been returned. (b) If an execution is returned, in whole or in part, not satisfied, a new one may issue. Civil Code, § 674; C. & M. Dig., §§ 4260, 4261; Pope's Dig., §§ 5272, 5273; A.S.A. 1947, §§ 30-117, 30-118.

(a) If an execution is issued and the plaintiff desires to take out another at his or her own proper costs, the clerk may issue the execution, though the previous execution has not been returned.

(b) If an execution is returned, in whole or in part, not satisfied, a new one may issue.

Civil Code, § 674; C. & M. Dig., §§ 4260, 4261; Pope's Dig., §§ 5272, 5273; A.S.A. 1947, §§ 30-117, 30-118.
Ark. Code Ann. § 16-124-107 — AR Code / Title 16 / Chapter 124 / Section 16-124-107
Right of action for contribution
Status: in_force

(a) A person subject to liability under this chapter has a right of action for contribution against another person subject to liability under this chapter. (b) Contribution may be enforced either in the original action or by a separate action brought for that purpose. (c) A plaintiff may seek recovery in accordance with this chapter and existing law against a person against whom a defendant has asserted a right of contribution. Acts 1995, No. 896, § 9.

(a) A person subject to liability under this chapter has a right of action for contribution against another person subject to liability under this chapter.

(b) Contribution may be enforced either in the original action or by a separate action brought for that purpose.

(c) A plaintiff may seek recovery in accordance with this chapter and existing law against a person against whom a defendant has asserted a right of contribution.

Acts 1995, No. 896, § 9.
Ark. Code Ann. § 16-46-213 — AR Code / Title 16 / Chapter 46 / Subchapter 2 / Section 16-46-213
Records of United States Surface Transportation Board and Arkansas Department of Transportation
Status: in_force

Printed copies of schedules, classifications, and tariffs of rates, fares, and charges, and supplements to the printed copies, of all common carriers and contract carriers by railroad, motor vehicle, or otherwise, on file with the United States Surface Transportation Board or the Arkansas Department of Transportation and which reflect a United States Surface Transportation Board number and an effective date, or which reflect an Arkansas State Highway and Transportation Department or Arkansas Department of Transportation number and an effective date, may be received in evidence in any proceeding before the courts or administrative agencies of this state, without certification or authentication, and shall be presumed to be correct copies of the original schedules, classifications, tariffs, and supplements on file with the United States Surface Transportation Board or on file with the Arkansas Department of Transportation. Amended by Act 2017, No. 707,§ 38, eff. 8/1/2017. Acts 1975, No. 285, § 1; A.S.A. 1947, § 28-933.

Printed copies of schedules, classifications, and tariffs of rates, fares, and charges, and supplements to the printed copies, of all common carriers and contract carriers by railroad, motor vehicle, or otherwise, on file with the United States Surface Transportation Board or the Arkansas Department of Transportation and which reflect a United States Surface Transportation Board number and an effective date, or which reflect an Arkansas State Highway and Transportation Department or Arkansas Department of Transportation number and an effective date, may be received in evidence in any proceeding before the courts or administrative agencies of this state, without certification or authentication, and shall be presumed to be correct copies of the original schedules, classifications, tariffs, and supplements on file with the United States Surface Transportation Board or on file with the Arkansas Department of Transportation.

Amended by Act 2017, No. 707,§ 38, eff. 8/1/2017.

Acts 1975, No. 285, § 1; A.S.A. 1947, § 28-933.
Ark. Code Ann. § 16-67-306 — AR Code / Title 16 / Chapter 67 / Subchapter 3 / Section 16-67-306
[Repealed]
Status: repealed

Repealed by Act 2013, No. 1148,§ 55, eff. 8/16/2013. Civil Code, § 860; C. & M. Dig., § 2133; Pope's Dig., § 2739; A.S.A. 1947, § 27-2108.

Repealed by Act 2013, No. 1148,§ 55, eff. 8/16/2013.

Civil Code, § 860; C. & M. Dig., § 2133; Pope's Dig., § 2739; A.S.A. 1947, § 27-2108.
Ark. Code Ann. § 16-113-207 — AR Code / Title 16 / Chapter 113 / Subchapter 2 / Section 16-113-207
Not granted when motion overruled - Certificate of refusal
Status: in_force

(a) No injunction shall be granted by a circuit judge after a motion therefor has been overruled by the court. (b) A judge refusing an application for an injunction, if requested by the defendant, shall give him or her a certificate thereof. Civil Code, § 310; C. & M. Dig., §§ 5799, 5800; Pope's Dig., §§ 7515, 7516; A.S.A. 1947, § 32-214; Acts 2003, No. 1185, § 233.

(a) No injunction shall be granted by a circuit judge after a motion therefor has been overruled by the court.

(b) A judge refusing an application for an injunction, if requested by the defendant, shall give him or her a certificate thereof.

Civil Code, § 310; C. & M. Dig., §§ 5799, 5800; Pope's Dig., §§ 7515, 7516; A.S.A. 1947, § 32-214; Acts 2003, No. 1185, § 233.
Ark. Code Ann. § 16-42-103 — AR Code / Title 16 / Chapter 42 / Section 16-42-103
Admissibility of evidence of similar crimes in sexual assault cases
Status: in_force

(a) In a criminal case where the defendant is accused of a sexual assault, evidence of the defendant's commission of another sexual assault is admissible and may be considered for its bearing on any matter to which it is relevant, subject to the circuit court's consideration of the admissibility of any such evidence under Rule 403 of the Arkansas Rules of Evidence. (b) In a case where the prosecuting attorney intends to offer evidence under this section, the prosecuting attorney shall disclose the evidence to the defendant or the defendant's attorney if an attorney is representing the defendant, including statements of witnesses or a summary of the substance of any testimony at least forty-five (45) days before the scheduled date of trial or at such later time as the court may allow for good cause. (c) This section shall not be construed to limit the admission or consideration of evidence under any rule of the Arkansas Rules of Evidence, the Arkansas Rules of Criminal Procedure, or any law. (d) For purposes of this section, the term "sexual assault" includes the following offenses: (1) Rape, § 5-14-103 ; (2) Sexual assault in the first degree, § 5-14-124 ; and (3) Sexual assault in the second degree, § 5-14-125 . Acts 2005, No. 536, § 1.

(a) In a criminal case where the defendant is accused of a sexual assault, evidence of the defendant's commission of another sexual assault is admissible and may be considered for its bearing on any matter to which it is relevant, subject to the circuit court's consideration of the admissibility of any such evidence under Rule 403 of the Arkansas Rules of Evidence.

(b) In a case where the prosecuting attorney intends to offer evidence under this section, the prosecuting attorney shall disclose the evidence to the defendant or the defendant's attorney if an attorney is representing the defendant, including statements of witnesses or a summary of the substance of any testimony at least forty-five (45) days before the scheduled date of trial or at such later time as the court may allow for good cause.

(c) This section shall not be construed to limit the admission or consideration of evidence under any rule of the Arkansas Rules of Evidence, the Arkansas Rules of Criminal Procedure, or any law.

(d) For purposes of this section, the term "sexual assault" includes the following offenses: (1) Rape, § 5-14-103 ; (2) Sexual assault in the first degree, § 5-14-124 ; and (3) Sexual assault in the second degree, § 5-14-125 .

(1) Rape, § 5-14-103 ;

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

(3) Sexual assault in the second degree, § 5-14-125 .

Acts 2005, No. 536, § 1.
Ark. Code Ann. § 16-21-202 — AR Code / Title 16 / Chapter 21 / Subchapter 2 / Section 16-21-202
Existing duties of prosecuting attorneys unaffected by subchapter
Status: in_force

No provision in this subchapter shall be construed to be in derogation of the already existing duties, authorities, responsibilities, or discretions of the various prosecuting and deputy prosecuting attorneys of this state. Acts 1975, No. 925, § 4; A.S.A. 1947, § 24-129.

No provision in this subchapter shall be construed to be in derogation of the already existing duties, authorities, responsibilities, or discretions of the various prosecuting and deputy prosecuting attorneys of this state.

Acts 1975, No. 925, § 4; A.S.A. 1947, § 24-129.
Ark. Code Ann. § 16-105-303 — AR Code / Title 16 / Chapter 105 / Subchapter 3 / Section 16-105-303
Public nuisance
Status: in_force

The operation of a dance hall in which, or around which, public disturbances, the unlawful drinking of intoxicating liquors, quarrels, affrays, or general breaches of the peace are frequent is declared to be a public nuisance and detrimental to the public morals and may be abated under the provisions of this subchapter as set out. Acts 1937, No. 118, § 2; Pope's Dig., § 10910; A.S.A. 1947, § 34-112.

The operation of a dance hall in which, or around which, public disturbances, the unlawful drinking of intoxicating liquors, quarrels, affrays, or general breaches of the peace are frequent is declared to be a public nuisance and detrimental to the public morals and may be abated under the provisions of this subchapter as set out.

Acts 1937, No. 118, § 2; Pope's Dig., § 10910; A.S.A. 1947, § 34-112.
Ark. Code Ann. § 16-62-103 — AR Code / Title 16 / Chapter 62 / Section 16-62-103
Suits involving public officers
Status: in_force

No suit, action, or other proceeding lawfully commenced by or against any public officer in this state in his or her official capacity or in relation to the discharge of his or her official duties shall abate by reason of his or her death or the expiration of his term of office or his or her retirement, resignation, or removal from office. In such event the court, on motion or supplemental petition filed at any time within twelve (12) months thereafter, showing the necessity for the survival thereof, to obtain a settlement of the question involved, may allow the action or other proceeding to be maintained by or against his or her successor in office. The court may make such order as shall be equitable for the payment of costs. Acts 1925, No. 109, § 1; Pope's Dig., § 1253; A.S.A. 1947, § 27-1021.

No suit, action, or other proceeding lawfully commenced by or against any public officer in this state in his or her official capacity or in relation to the discharge of his or her official duties shall abate by reason of his or her death or the expiration of his term of office or his or her retirement, resignation, or removal from office. In such event the court, on motion or supplemental petition filed at any time within twelve (12) months thereafter, showing the necessity for the survival thereof, to obtain a settlement of the question involved, may allow the action or other proceeding to be maintained by or against his or her successor in office. The court may make such order as shall be equitable for the payment of costs.

Acts 1925, No. 109, § 1; Pope's Dig., § 1253; A.S.A. 1947, § 27-1021.
Ark. Code Ann. § 16-19-1004 — AR Code / Title 16 / Chapter 19 / Subchapter 10 / Section 16-19-1004
[Repealed]
Status: repealed

Repealed by Act 2021, No. 475,§ 15, eff. 7/28/2021. Acts 1873, No. 135, §§ 54, 122, p. 430; C. & M. Dig., §§ 6482, 6495; Pope's Dig., §§ 8444, 8457; A.S.A. 1947, §§ 26-1102, 26-1115.

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

Acts 1873, No. 135, §§ 54, 122, p. 430; C. & M. Dig., §§ 6482, 6495; Pope's Dig., §§ 8444, 8457; A.S.A. 1947, §§ 26-1102, 26-1115.
Ark. Code Ann. § 16-108-208 — AR Code / Title 16 / Chapter 108 / Subchapter 2 / Section 16-108-208
Provisional remedies
Status: in_force

(a) Before an arbitrator is appointed and is authorized and able to act, the court, upon motion of a party to an arbitration proceeding and for good cause shown, may enter an order for provisional remedies to protect the effectiveness of the arbitration proceeding to the same extent and under the same conditions as if the controversy were the subject of a civil action. (b) After an arbitrator is appointed and is authorized and able to act: (1) the arbitrator may issue such orders for provisional remedies, including interim awards, as the arbitrator finds necessary to protect the effectiveness of the arbitration proceeding and to promote the fair and expeditious resolution of the controversy, to the same extent and under the same conditions as if the controversy were the subject of a civil action; and (2) a party to an arbitration proceeding may move the court for a provisional remedy only if the matter is urgent and the arbitrator is not able to act timely or the arbitrator cannot provide an adequate remedy. (c) A party does not waive a right of arbitration by making a motion under subsection (a) or subsection (b). Acts 2011, No. 695, § 1.

(a) Before an arbitrator is appointed and is authorized and able to act, the court, upon motion of a party to an arbitration proceeding and for good cause shown, may enter an order for provisional remedies to protect the effectiveness of the arbitration proceeding to the same extent and under the same conditions as if the controversy were the subject of a civil action.

(b) After an arbitrator is appointed and is authorized and able to act: (1) the arbitrator may issue such orders for provisional remedies, including interim awards, as the arbitrator finds necessary to protect the effectiveness of the arbitration proceeding and to promote the fair and expeditious resolution of the controversy, to the same extent and under the same conditions as if the controversy were the subject of a civil action; and (2) a party to an arbitration proceeding may move the court for a provisional remedy only if the matter is urgent and the arbitrator is not able to act timely or the arbitrator cannot provide an adequate remedy.

(1) the arbitrator may issue such orders for provisional remedies, including interim awards, as the arbitrator finds necessary to protect the effectiveness of the arbitration proceeding and to promote the fair and expeditious resolution of the controversy, to the same extent and under the same conditions as if the controversy were the subject of a civil action; and

(2) a party to an arbitration proceeding may move the court for a provisional remedy only if the matter is urgent and the arbitrator is not able to act timely or the arbitrator cannot provide an adequate remedy.

(c) A party does not waive a right of arbitration by making a motion under subsection (a) or subsection (b).

Acts 2011, No. 695, § 1.
Ark. Code Ann. § 16-55-204 — AR Code / Title 16 / Chapter 55 / Subchapter 2 / Section 16-55-204
Applicability of section 16-55-203
Status: in_force

The provisions of § 16-55-203 shall not apply to a medical care provider who is named as a defendant in an action for personal injury, medical injury, or wrongful death based solely on his or her capacity as a medical director of a long-term care facility. Acts 2003, No. 649, § 4.

The provisions of § 16-55-203 shall not apply to a medical care provider who is named as a defendant in an action for personal injury, medical injury, or wrongful death based solely on his or her capacity as a medical director of a long-term care facility.

Acts 2003, No. 649, § 4.
Ark. Code Ann. § 16-13-1803 — AR Code / Title 16 / Chapter 13 / Subchapter 18 / Section 16-13-1803
Judges and chancellors generally
Status: in_force

(a) The qualified electors of the Tenth Judicial District shall elect: (1) Two (2) circuit judges and two (2) chancellors, including the additional judges provided for in Acts 1985, No. 159, § 2; and (2) One (1) circuit-chancery judge. (b) (1) The judge of the judgeship created by subdivision (a)(2) of this section shall be the judge of the juvenile division of chancery court. The judge shall serve as judge of the juvenile division in lieu of the judge who would otherwise be designated as judge of the juvenile division of chancery court in the judicial district. (2) The judge of the additional circuit-chancery judgeship created in subdivision (a)(2) of this section shall devote such time as may be required to perform the duties of judge of the juvenile division, which duties shall be the primary obligation of the judge, and shall sit as judge of the circuit, chancery, or probate court as time permits. Acts 1977, No. 432, § 1; 1985, No. 159, § 1; A.S.A. 1947, §§ 22-365, 22-375; Acts 1989, No. 949, § 1.

(a) The qualified electors of the Tenth Judicial District shall elect: (1) Two (2) circuit judges and two (2) chancellors, including the additional judges provided for in Acts 1985, No. 159, § 2; and (2) One (1) circuit-chancery judge.

(1) Two (2) circuit judges and two (2) chancellors, including the additional judges provided for in Acts 1985, No. 159, § 2; and

(2) One (1) circuit-chancery judge.

(b) (1) The judge of the judgeship created by subdivision (a)(2) of this section shall be the judge of the juvenile division of chancery court. The judge shall serve as judge of the juvenile division in lieu of the judge who would otherwise be designated as judge of the juvenile division of chancery court in the judicial district. (2) The judge of the additional circuit-chancery judgeship created in subdivision (a)(2) of this section shall devote such time as may be required to perform the duties of judge of the juvenile division, which duties shall be the primary obligation of the judge, and shall sit as judge of the circuit, chancery, or probate court as time permits.

(1) The judge of the judgeship created by subdivision (a)(2) of this section shall be the judge of the juvenile division of chancery court. The judge shall serve as judge of the juvenile division in lieu of the judge who would otherwise be designated as judge of the juvenile division of chancery court in the judicial district.

(2) The judge of the additional circuit-chancery judgeship created in subdivision (a)(2) of this section shall devote such time as may be required to perform the duties of judge of the juvenile division, which duties shall be the primary obligation of the judge, and shall sit as judge of the circuit, chancery, or probate court as time permits.

Acts 1977, No. 432, § 1; 1985, No. 159, § 1; A.S.A. 1947, §§ 22-365, 22-375; Acts 1989, No. 949, § 1.
Ark. Code Ann. § 16-105-503 — AR Code / Title 16 / Chapter 105 / Subchapter 5 / Section 16-105-503
Applicability
Status: in_force

This subchapter does not affect rights or duties that matured, liabilities or penalties that were incurred, or proceedings begun before August 1, 1997. Acts 1997, No. 602, § 3.

This subchapter does not affect rights or duties that matured, liabilities or penalties that were incurred, or proceedings begun before August 1, 1997.

Acts 1997, No. 602, § 3.
Ark. Code Ann. § 16-112-113 — AR Code / Title 16 / Chapter 112 / Subchapter 1 / Section 16-112-113
Denial, allegations, and amendment of return
Status: in_force

(a) The party brought before any court or judge, by virtue of any writ of habeas corpus, may deny the material facts set forth in the return, or allege any fact to show either that his or her detention or imprisonment is unlawful, or that he or she is entitled to his or her discharge. The allegations or denials shall be on oath. (b) The return and the allegations made against it may be amended, by leave of the court or judge before whom the writ is returned at any time, that thereby material facts may be ascertained. Rev. Stat., ch. 73, art. 3, §§ 2, 3; C. & M. Dig., §§ 5109, 5110; Pope's Dig., §§ 6372, 6373; A.S.A. 1947, §§ 34-1726, 34-1727.

(a) The party brought before any court or judge, by virtue of any writ of habeas corpus, may deny the material facts set forth in the return, or allege any fact to show either that his or her detention or imprisonment is unlawful, or that he or she is entitled to his or her discharge. The allegations or denials shall be on oath.

(b) The return and the allegations made against it may be amended, by leave of the court or judge before whom the writ is returned at any time, that thereby material facts may be ascertained.

Rev. Stat., ch. 73, art. 3, §§ 2, 3; C. & M. Dig., §§ 5109, 5110; Pope's Dig., §§ 6372, 6373; A.S.A. 1947, §§ 34-1726, 34-1727.
Ark. Code Ann. § 16-67-315 — AR Code / Title 16 / Chapter 67 / Subchapter 3 / Section 16-67-315
[Repealed]
Status: repealed

Repealed by Act 2013, No. 1148,§ 55, eff. 8/16/2013. Civil Code, § 867; C. & M. Dig., § 2140; Pope's Dig., § 2746; Acts 1951, No. 213, § 1; A.S.A. 1947, § 27-2106.

Repealed by Act 2013, No. 1148,§ 55, eff. 8/16/2013.

Civil Code, § 867; C. & M. Dig., § 2140; Pope's Dig., § 2746; Acts 1951, No. 213, § 1; A.S.A. 1947, § 27-2106.
Ark. Code Ann. § 16-13-2604 — AR Code / Title 16 / Chapter 13 / Subchapter 26 / Section 16-13-2604
Exchange of districts
Status: in_force

The judges of the Eighteenth Judicial District-East and the Eighteenth Judicial District-West may, by agreement, temporarily exchange districts or hold court for each other, as they deem necessary or appropriate. Acts 1977, No. 432, § 1; A.S.A. 1947, § 22-365.

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

Acts 1977, No. 432, § 1; A.S.A. 1947, § 22-365.
Ark. Code Ann. § 16-47-211 — AR Code / Title 16 / Chapter 47 / Subchapter 2 / Section 16-47-211
Validation of unauthenticated writings affecting title to property
Status: in_force

All deeds, conveyances, deeds of trust, mortgages, mineral leases, marriage contracts, and other instruments in writing, affecting or purporting to affect title to any real estate or personal property situated in this state, which have been recorded or executed prior to July 19, 1971, and which may be defective or ineffectual because of the failure to have the authentication formerly required by Acts 1943, No. 169, §§ 9 and 10, prior to these amendments, shall be binding and effectual as though such instruments contained the required authentication. Acts 1971, No. 365, § 3; A.S.A. 1947, § 49-110.1.

All deeds, conveyances, deeds of trust, mortgages, mineral leases, marriage contracts, and other instruments in writing, affecting or purporting to affect title to any real estate or personal property situated in this state, which have been recorded or executed prior to July 19, 1971, and which may be defective or ineffectual because of the failure to have the authentication formerly required by Acts 1943, No. 169, §§ 9 and 10, prior to these amendments, shall be binding and effectual as though such instruments contained the required authentication.

Acts 1971, No. 365, § 3; A.S.A. 1947, § 49-110.1.
Ark. Code Ann. § 16-58-117 — AR Code / Title 16 / Chapter 58 / Section 16-58-117
Return
Status: in_force

(a) (1) Each sheriff, coroner, and constable, on the return made by him or her on any writ or other process, shall state at length the time when, the place where, and how the writ or process was served. (2) Otherwise, the officer shall not be entitled to demand or receive any fee for the service or execution of the writ or other process. (b) (1) In all cases of the return of service upon a summons by an officer, the return must state the time of service and that a copy was delivered to, or offered and refused by, the defendant. (2) (A) If a return of service is defective in these respects, the officer may be fined by the court, not exceeding ten dollars ($10.00), and shall be liable to the action of any person aggrieved by the defect. (B) However, the court may permit an amendment, according to the truth of the case. (c) It shall not be a sufficient return of any process that the officer was kept off by force from executing it. Acts 1842, § 25, p. 27; Civil Code, §§ 67, 779; C. & M. Dig., §§ 1145, 4625, 9168; Pope's Dig., §§ 1361, 5714, 11830; A.S.A. 1947, §§ 27-333 -- 27-335.

(a) (1) Each sheriff, coroner, and constable, on the return made by him or her on any writ or other process, shall state at length the time when, the place where, and how the writ or process was served. (2) Otherwise, the officer shall not be entitled to demand or receive any fee for the service or execution of the writ or other process.

(1) Each sheriff, coroner, and constable, on the return made by him or her on any writ or other process, shall state at length the time when, the place where, and how the writ or process was served.

(2) Otherwise, the officer shall not be entitled to demand or receive any fee for the service or execution of the writ or other process.

(b) (1) In all cases of the return of service upon a summons by an officer, the return must state the time of service and that a copy was delivered to, or offered and refused by, the defendant. (2) (A) If a return of service is defective in these respects, the officer may be fined by the court, not exceeding ten dollars ($10.00), and shall be liable to the action of any person aggrieved by the defect. (B) However, the court may permit an amendment, according to the truth of the case.

(1) In all cases of the return of service upon a summons by an officer, the return must state the time of service and that a copy was delivered to, or offered and refused by, the defendant.

(2) (A) If a return of service is defective in these respects, the officer may be fined by the court, not exceeding ten dollars ($10.00), and shall be liable to the action of any person aggrieved by the defect. (B) However, the court may permit an amendment, according to the truth of the case.

(A) If a return of service is defective in these respects, the officer may be fined by the court, not exceeding ten dollars ($10.00), and shall be liable to the action of any person aggrieved by the defect.

(B) However, the court may permit an amendment, according to the truth of the case.

(c) It shall not be a sufficient return of any process that the officer was kept off by force from executing it.

Acts 1842, § 25, p. 27; Civil Code, §§ 67, 779; C. & M. Dig., §§ 1145, 4625, 9168; Pope's Dig., §§ 1361, 5714, 11830; A.S.A. 1947, §§ 27-333 -- 27-335.
Ark. Code Ann. § 16-88-208 — AR Code / Title 16 / Chapter 88 / Subchapter 2 / Section 16-88-208
Notice of order of removal
Status: in_force

(a) When the order of removal is made in term time, it shall be deemed a notice to every person who has entered into recognizance to appear at the term. (b) In all other cases, the notice shall be given in writing, signed by the prosecuting attorney or the clerk of the court, and be served on the person so recognized in the manner provided by law for serving other notices. Crim. Code, § 428, as added by Acts 1873, No. 98, § 1, p. 234; C. & M. Dig., § 3100; Pope's Dig., § 3930; A.S.A. 1947, § 43-1514.

(a) When the order of removal is made in term time, it shall be deemed a notice to every person who has entered into recognizance to appear at the term.

(b) In all other cases, the notice shall be given in writing, signed by the prosecuting attorney or the clerk of the court, and be served on the person so recognized in the manner provided by law for serving other notices.

Crim. Code, § 428, as added by Acts 1873, No. 98, § 1, p. 234; C. & M. Dig., § 3100; Pope's Dig., § 3930; A.S.A. 1947, § 43-1514.
Ark. Code Ann. § 16-120-1103 — AR Code / Title 16 / Chapter 120 / Subchapter 11 / Section 16-120-1103
[Expired]
Status: repealed

Added by Act 2021, No. 559,§ 1, eff. 4/5/2021. Expired 5/1/2023by § 2.
Ark. Code Ann. § 16-10-312 — AR Code / Title 16 / Chapter 10 / Subchapter 3 / Section 16-10-312
[Repealed]
Status: repealed

Repealed by Act 2013, No. 504,§ 3, eff. 3/26/2013. Acts 1997, No. 855, § 8.

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

Acts 1997, No. 855, § 8.
Ark. Code Ann. § 16-19-906 — AR Code / Title 16 / Chapter 19 / Subchapter 9 / Section 16-19-906
[Repealed]
Status: repealed

Repealed by Act 2021, No. 475,§ 15, eff. 7/28/2021. Acts 1873, No. 135, § 66, p. 430; C. & M. Dig., § 6476; Pope's Dig., § 8438; A.S.A. 1947, § 26-1011.

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

Acts 1873, No. 135, § 66, p. 430; C. & M. Dig., § 6476; Pope's Dig., § 8438; A.S.A. 1947, § 26-1011.
Ark. Code Ann. § 16-90-118 — AR Code / Title 16 / Chapter 90 / Subchapter 1 / Section 16-90-118
Duty of court to report to Division of Correction
Status: in_force

(a) Whenever any person is sentenced to the Division of Correction, it shall be the duty of the court before which he or she has been convicted to cause to be made and transmitted to the agent of the division a short report of the circumstances attending the offense, particularly those which tended to aggravate or extenuate the offense. (b) The agent shall file and preserve the report. Amended by Act 2019, No. 910,§ 860, eff. 7/1/2019. Acts 1838, § 11, p. 116; C. & M. Dig., § 3242; Pope's Dig., § 4082; A.S.A. 1947, § 43-2323.

(a) Whenever any person is sentenced to the Division of Correction, it shall be the duty of the court before which he or she has been convicted to cause to be made and transmitted to the agent of the division a short report of the circumstances attending the offense, particularly those which tended to aggravate or extenuate the offense.

(b) The agent shall file and preserve the report.

Amended by Act 2019, No. 910,§ 860, eff. 7/1/2019.

Acts 1838, § 11, p. 116; C. & M. Dig., § 3242; Pope's Dig., § 4082; A.S.A. 1947, § 43-2323.
Ark. Code Ann. § 16-113-403 — AR Code / Title 16 / Chapter 113 / Subchapter 4 / Section 16-113-403
Continuance of motion to dissolve or modify
Status: in_force

(a) The motion upon the whole case to dissolve or modify the injunction may be postponed, on the application of either party, to a subsequent day, or to the next term, where the court is satisfied that, under the circumstances of the case, the delay is proper. (b) When delay is asked, in order to obtain the testimony of a witness, it must appear by affidavit what facts the witness is expected to prove, that the affiant believes his or her testimony will be true, and that it could not have been obtained by due diligence. Civil Code, § 317; C. & M. Dig., § 5812; Pope's Dig., § 7528; A.S.A. 1947, § 32-304.

(a) The motion upon the whole case to dissolve or modify the injunction may be postponed, on the application of either party, to a subsequent day, or to the next term, where the court is satisfied that, under the circumstances of the case, the delay is proper.

(b) When delay is asked, in order to obtain the testimony of a witness, it must appear by affidavit what facts the witness is expected to prove, that the affiant believes his or her testimony will be true, and that it could not have been obtained by due diligence.

Civil Code, § 317; C. & M. Dig., § 5812; Pope's Dig., § 7528; A.S.A. 1947, § 32-304.
Ark. Code Ann. § 16-10-208 — AR Code / Title 16 / Chapter 10 / Subchapter 2 / Section 16-10-208
Court clerk or court administrator - Eligibility
Status: in_force

The court clerk or court administrator shall not be a member of the police department, marshal's office, or sheriff's office. Acts 1977, No. 332, § 7; A.S.A. 1947, § 22-1107; Acts 2011, No. 1174, § 6.

The court clerk or court administrator shall not be a member of the police department, marshal's office, or sheriff's office.

Acts 1977, No. 332, § 7; A.S.A. 1947, § 22-1107; Acts 2011, No. 1174, § 6.
Ark. Code Ann. § 16-68-201 — AR Code / Title 16 / Chapter 68 / Subchapter 2 / Section 16-68-201
Surety bond required in suits against Treasurer of State or Auditor of State
Status: in_force

In any suit brought against the Treasurer of State and Auditor of State prohibiting them from disbursing certain moneys due cities, counties, improvement districts, etc., the plaintiff or his or her attorneys shall be required to file surety bond with the Auditor of State in the amount of ten percent (10%) of the moneys involved in the suits, and the bond shall remain in force until final disposition of the suits. Acts 1949, No. 151, § 1; A.S.A. 1947, § 27-2207.

In any suit brought against the Treasurer of State and Auditor of State prohibiting them from disbursing certain moneys due cities, counties, improvement districts, etc., the plaintiff or his or her attorneys shall be required to file surety bond with the Auditor of State in the amount of ten percent (10%) of the moneys involved in the suits, and the bond shall remain in force until final disposition of the suits.

Acts 1949, No. 151, § 1; A.S.A. 1947, § 27-2207.
Ark. Code Ann. § 16-107-101 — AR Code / Title 16 / Chapter 107 / Subchapter 1 / Section 16-107-101
Liability of surety upon forgery, erasure, or withdrawal of cosurety's name
Status: in_force

If it appears that the name of any person has been signed to any bond or other obligation as surety thereon without his or her consent, or that the name of any person which has been at any time properly signed as surety to any bond or obligation has been erased or withdrawn therefrom before delivery thereof, without the consent of other persons signing the bond or other obligation as sureties prior or subsequently to the erasure or withdrawal, the signing without authority or erasure or withdrawal shall not have the effect of rendering the bond or other obligation void as to all of the other obligors thereon. The sole effect thereof shall be to diminish the extent of the liability of the sureties thereon, other than those whose names may have been so signed without authority or erased as aforesaid, by an amount equal to that which would have been contributed to discharge the common liability by the persons whose names were so signed without authority, or erased as aforesaid, had the want of authority, or erasure not existed. Acts 1891, No. 55, § 1, p. 91; C. & M. Dig., § 8283; Pope's Dig., § 10860; A.S.A. 1947, § 34-328.

If it appears that the name of any person has been signed to any bond or other obligation as surety thereon without his or her consent, or that the name of any person which has been at any time properly signed as surety to any bond or obligation has been erased or withdrawn therefrom before delivery thereof, without the consent of other persons signing the bond or other obligation as sureties prior or subsequently to the erasure or withdrawal, the signing without authority or erasure or withdrawal shall not have the effect of rendering the bond or other obligation void as to all of the other obligors thereon. The sole effect thereof shall be to diminish the extent of the liability of the sureties thereon, other than those whose names may have been so signed without authority or erased as aforesaid, by an amount equal to that which would have been contributed to discharge the common liability by the persons whose names were so signed without authority, or erased as aforesaid, had the want of authority, or erasure not existed.

Acts 1891, No. 55, § 1, p. 91; C. & M. Dig., § 8283; Pope's Dig., § 10860; A.S.A. 1947, § 34-328.
Ark. Code Ann. § 16-15-109 — AR Code / Title 16 / Chapter 15 / Section 16-15-109
Interest in county contracts or transactions prohibited
Status: in_force

(a) (1) It shall be unlawful for any county judge to be interested, either directly or indirectly, in any contract or transaction made or entered into in his or her county or on behalf of his or her county or to accept or receive any property, money, or other valuable thing for his or her use or benefit on account of, connected with, or growing out of any contract or transaction had or made for his or her county. (2) If, in the purchase of any materials, supplies, equipment, or machinery for the county, any discounts, credits, or allowances are given or allowed, they shall be for the benefit of the county. It shall be unlawful for the county judge to accept or retain the discounts, credits, or allowances for his or her own use or benefit. All such discounts, credits, or allowances must be given to the county. (b) A violation of any of the provisions of this section shall be a misdemeanor, and upon conviction the county judge shall be punished by a fine of not less than three hundred dollars ($300) nor more than one thousand dollars ($1,000). In addition, the county judge shall be removed from office, and his or her successor shall be appointed as is provided by law. Acts 1953, No. 218, §§ 1, 2; A.S.A. 1947, §§ 22-612.1, 22-612.2.

(a) (1) It shall be unlawful for any county judge to be interested, either directly or indirectly, in any contract or transaction made or entered into in his or her county or on behalf of his or her county or to accept or receive any property, money, or other valuable thing for his or her use or benefit on account of, connected with, or growing out of any contract or transaction had or made for his or her county. (2) If, in the purchase of any materials, supplies, equipment, or machinery for the county, any discounts, credits, or allowances are given or allowed, they shall be for the benefit of the county. It shall be unlawful for the county judge to accept or retain the discounts, credits, or allowances for his or her own use or benefit. All such discounts, credits, or allowances must be given to the county.

(1) It shall be unlawful for any county judge to be interested, either directly or indirectly, in any contract or transaction made or entered into in his or her county or on behalf of his or her county or to accept or receive any property, money, or other valuable thing for his or her use or benefit on account of, connected with, or growing out of any contract or transaction had or made for his or her county.

(2) If, in the purchase of any materials, supplies, equipment, or machinery for the county, any discounts, credits, or allowances are given or allowed, they shall be for the benefit of the county. It shall be unlawful for the county judge to accept or retain the discounts, credits, or allowances for his or her own use or benefit. All such discounts, credits, or allowances must be given to the county.

(b) A violation of any of the provisions of this section shall be a misdemeanor, and upon conviction the county judge shall be punished by a fine of not less than three hundred dollars ($300) nor more than one thousand dollars ($1,000). In addition, the county judge shall be removed from office, and his or her successor shall be appointed as is provided by law.

Acts 1953, No. 218, §§ 1, 2; A.S.A. 1947, §§ 22-612.1, 22-612.2.
Ark. Code Ann. § 16-90-713 — AR Code / Title 16 / Chapter 90 / Subchapter 7 / Section 16-90-713
Awards apart from prosecution
Status: in_force

(a) An award may be made whether or not any person is prosecuted or convicted. (b) The Crime Victims Reparations Board may suspend the proceedings pending disposition of a criminal prosecution that has been commenced or is imminent but may make a tentative award under § 16-90-716 . Acts 1987, No. 817, § 13.

(a) An award may be made whether or not any person is prosecuted or convicted.

(b) The Crime Victims Reparations Board may suspend the proceedings pending disposition of a criminal prosecution that has been commenced or is imminent but may make a tentative award under § 16-90-716 .

Acts 1987, No. 817, § 13.
Ark. Code Ann. § 16-10-135 — AR Code / Title 16 / Chapter 10 / Subchapter 1 / Section 16-10-135
Aids for the hearing or visually impaired
Status: in_force

(a) The Administrative Office of the Courts shall employ the most cost-efficient method of procuring auxiliary aids for persons with hearing and visual impairments. (b) These methods may include entering into a contractual arrangement with another state agency or with a private entity that is capable of providing these services. Acts 1997, No. 1355, § 9.

(a) The Administrative Office of the Courts shall employ the most cost-efficient method of procuring auxiliary aids for persons with hearing and visual impairments.

(b) These methods may include entering into a contractual arrangement with another state agency or with a private entity that is capable of providing these services.

Acts 1997, No. 1355, § 9.
Ark. Code Ann. § 16-118-111 — AR Code / Title 16 / Chapter 118 / Section 16-118-111
Civil actions against operators of an unmanned aircraft system
Status: in_force

A person who violates § 5-60-103 is also liable to the owner of the critical infrastructure that is the subject of the violation as follows: (1) Any actual damages sustained as a result of the violation, or ten thousand dollars ($10,000), whichever is greater; (2) Three (3) times actual damages, or ten thousand dollars ($10,000), whichever is greater, in a case in which the violation resulted in profit or monetary gain; and (3) The costs of an action brought under this section, together with reasonable attorney's fees as determined by the court. Added by Act 2015, No. 1019,§ 2, eff. 7/22/2015.

A person who violates § 5-60-103 is also liable to the owner of the critical infrastructure that is the subject of the violation as follows:

(1) Any actual damages sustained as a result of the violation, or ten thousand dollars ($10,000), whichever is greater;

(2) Three (3) times actual damages, or ten thousand dollars ($10,000), whichever is greater, in a case in which the violation resulted in profit or monetary gain; and

(3) The costs of an action brought under this section, together with reasonable attorney's fees as determined by the court.

Added by Act 2015, No. 1019,§ 2, eff. 7/22/2015.
Ark. Code Ann. § 16-108-225 — AR Code / Title 16 / Chapter 108 / Subchapter 2 / Section 16-108-225
Judgment on award - Attorney's fees and litigation expenses
Status: in_force

(a) Upon granting an order confirming, vacating without directing a rehearing, modifying, or correcting an award, the court shall enter a judgment in conformity with the award. The judgment may be recorded, docketed, and enforced as any other judgment in a civil action. (b) A court may allow reasonable costs of the motion and subsequent judicial proceedings. (c) On application of a prevailing party to a contested judicial proceeding under § 16-108-222 , § 16-108-223 , or § 16-108-224 , the court may add reasonable attorney's fees and other reasonable expenses of litigation incurred in a judicial proceeding after the award is made to a judgment confirming, vacating without directing a rehearing, modifying, or correcting an award. Acts 1969, No. 260, § 14; A.S.A. 1947, § 34-524; Acts 2011, No. 695, § 1.

(a) Upon granting an order confirming, vacating without directing a rehearing, modifying, or correcting an award, the court shall enter a judgment in conformity with the award. The judgment may be recorded, docketed, and enforced as any other judgment in a civil action.

(b) A court may allow reasonable costs of the motion and subsequent judicial proceedings.

(c) On application of a prevailing party to a contested judicial proceeding under § 16-108-222 , § 16-108-223 , or § 16-108-224 , the court may add reasonable attorney's fees and other reasonable expenses of litigation incurred in a judicial proceeding after the award is made to a judgment confirming, vacating without directing a rehearing, modifying, or correcting an award.

Acts 1969, No. 260, § 14; A.S.A. 1947, § 34-524; Acts 2011, No. 695, § 1.
Ark. Code Ann. § 16-118-106 — AR Code / Title 16 / Chapter 118 / Section 16-118-106
Alienation of affection and criminal conversation
Status: in_force

The actions of alienation of affection and criminal conversation are abolished. Acts 1989 (3rd Ex. Sess.), No. 46, § 6.

The actions of alienation of affection and criminal conversation are abolished.

Acts 1989 (3rd Ex. Sess.), No. 46, § 6.
Ark. Code Ann. § 16-81-103 — AR Code / Title 16 / Chapter 81 / Subchapter 1 / Section 16-81-103
Power of judge or magistrate to summon, examine, and issue warrant for arrest
Status: in_force

When a judge or magistrate is satisfied that a felony has been committed, he or she shall have power to summon before him or her any persons he or she may think proper and examine them on oath concerning it to enable him or her to ascertain the offender and to issue a warrant for his or her arrest. Crim. Code, § 29; C. & M. Dig., § 2900; Pope's Dig., § 3716; A.S.A. 1947, § 43-410; Acts 2005, No. 1994, § 266.

When a judge or magistrate is satisfied that a felony has been committed, he or she shall have power to summon before him or her any persons he or she may think proper and examine them on oath concerning it to enable him or her to ascertain the offender and to issue a warrant for his or her arrest.

Crim. Code, § 29; C. & M. Dig., § 2900; Pope's Dig., § 3716; A.S.A. 1947, § 43-410; Acts 2005, No. 1994, § 266.
Ark. Code Ann. § 16-91-108 — AR Code / Title 16 / Chapter 91 / Subchapter 1 / Section 16-91-108
Costs - Bond - Judgment
Status: in_force

(a) There shall be no bond for costs as a requisite for the appeal of either a felony or misdemeanor conviction. (b) On the affirmance of a judgment, where the appeal is taken by the defendant, and on the reversal of a judgment, where the appeal is taken by the state, a judgment for costs shall be rendered against the defendant. Crim. Code, § 353; C. & M. Dig., § 3434; Pope's Dig., § 4277; Acts 1971, No. 333, § 4; A.S.A. 1947, §§ 43-2708, 43-2739.

(a) There shall be no bond for costs as a requisite for the appeal of either a felony or misdemeanor conviction.

(b) On the affirmance of a judgment, where the appeal is taken by the defendant, and on the reversal of a judgment, where the appeal is taken by the state, a judgment for costs shall be rendered against the defendant.

Crim. Code, § 353; C. & M. Dig., § 3434; Pope's Dig., § 4277; Acts 1971, No. 333, § 4; A.S.A. 1947, §§ 43-2708, 43-2739.
Ark. Code Ann. § 16-66-106 — AR Code / Title 16 / Chapter 66 / Subchapter 1 / Section 16-66-106
[Repealed]
Status: repealed

Repealed by Act 2021, No. 981,§ 1, eff. 7/28/2021. Civil Code, § 674; C. & M. Dig., § 4257; Pope's Dig., § 5269; A.S.A. 1947, § 30-108.

Repealed by Act 2021, No. 981,§ 1, eff. 7/28/2021.

Civil Code, § 674; C. & M. Dig., § 4257; Pope's Dig., § 5269; A.S.A. 1947, § 30-108.
Ark. Code Ann. § 16-13-3206 — AR Code / Title 16 / Chapter 13 / Subchapter 32 / Section 16-13-3206
Additional judge - Staff
Status: in_force

There shall be provided for the judge of the circuit-chancery judgeship created by this subchapter a court reporter and a trial court administrative assistant whose salaries shall be fixed and paid in a manner provided by law for court reporters and trial court administrative assistants of the circuit and chancery courts of this state. Acts 1997, No. 1270, § 6.

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

Acts 1997, No. 1270, § 6.
Ark. Code Ann. § 16-46-203 — AR Code / Title 16 / Chapter 46 / Subchapter 2 / Section 16-46-203
[Repealed]
Status: repealed

Repealed by Act 2013, No. 1148,§ 11, eff. 8/16/2013. Rev. Stat., ch. 59, § 10; C. & M. Dig., § 4129; Pope's Dig., § 5138; A.S.A. 1947, § 28-904.

Repealed by Act 2013, No. 1148,§ 11, eff. 8/16/2013.

Rev. Stat., ch. 59, § 10; C. & M. Dig., § 4129; Pope's Dig., § 5138; A.S.A. 1947, § 28-904.
Ark. Code Ann. § 16-56-123 — AR Code / Title 16 / Chapter 56 / Subchapter 1 / Section 16-56-123
Tolling statute - Endorsement of payment on bond or sealed instrument insufficient
Status: in_force

No endorsement of any payment written upon any bond or any other sealed instrument by or on behalf of the party to whom the payment shall be made shall be deemed a sufficient proof of the payment so as to take the case out of the operation of this act. Rev. Stat., ch. 91, § 32; C. & M. Dig., § 6977; Pope's Dig., § 8955; A.S.A. 1947, § 37-217.

No endorsement of any payment written upon any bond or any other sealed instrument by or on behalf of the party to whom the payment shall be made shall be deemed a sufficient proof of the payment so as to take the case out of the operation of this act.

Rev. Stat., ch. 91, § 32; C. & M. Dig., § 6977; Pope's Dig., § 8955; A.S.A. 1947, § 37-217.
Ark. Code Ann. § 16-93-609 — AR Code / Title 16 / Chapter 93 / Subchapter 6 / Section 16-93-609
Effect of more than one conviction for certain felonies - Definition
Status: in_force

(a) Any person who commits murder in the first degree, § 5-10-102 , rape, § 5-14-103 , or aggravated robbery, § 5-12-103 , subsequent to March 24, 1983, and who has previously been found guilty of or pleaded guilty or nolo contendere to murder in the first degree, § 5-10-102 , rape, § 5-14-103 , or aggravated robbery, § 5-12-103 , shall not be eligible for release on parole by the Post-Prison Transfer Board. (b) (1) Any person who commits a violent felony offense or any felony sex offense subsequent to August 13, 2001, but before January 1, 2025, and who has previously been found guilty of or pleaded guilty or nolo contendere to any violent felony offense or any felony sex offense shall not be eligible for release on parole by the board. (2) (A) As used in this subsection, "a violent felony offense or any felony sex offense" means those offenses listed in § 5-4-501(d)(2) . (B) Unless the sentencing order expressly designates that the defendant was sentenced under this section, "a violent felony offense or any felony sex offense" does not include residential burglary, § 5-39-201 , committed before April 1, 2015, unless the defendant was sentenced on or after May 24, 2022. (c) A person who commits the offense of possession of firearms by certain persons, § 5-73-103 , in which the offense is under § 5-73-103(c)(1) , after April 27, 2021, is not eligible for parole. (d) (1) Any person who commits a parole-ineligible felony on or after January 1, 2024, but before January 1, 2025, is not eligible for release on parole. (2) As used in this subsection, "parole-ineligible felony" means the same as a felony ineligible to receive earned release credits as defined in § 16-93-1802 . Amended by Act 2023, No. 659,§ 185, eff. 1/1/2024. Amended by Act 2023, No. 683,§ 2, eff. 8/1/2023. Amended by Act 2021, No. 946,§ 1, eff. 4/27/2021. Acts 1983, No. 772, § 1; A.S.A. 1947, § 43-2807.1; Acts 2001, No. 1805, § 1.

(a) Any person who commits murder in the first degree, § 5-10-102 , rape, § 5-14-103 , or aggravated robbery, § 5-12-103 , subsequent to March 24, 1983, and who has previously been found guilty of or pleaded guilty or nolo contendere to murder in the first degree, § 5-10-102 , rape, § 5-14-103 , or aggravated robbery, § 5-12-103 , shall not be eligible for release on parole by the Post-Prison Transfer Board.

(b) (1) Any person who commits a violent felony offense or any felony sex offense subsequent to August 13, 2001, but before January 1, 2025, and who has previously been found guilty of or pleaded guilty or nolo contendere to any violent felony offense or any felony sex offense shall not be eligible for release on parole by the board. (2) (A) As used in this subsection, "a violent felony offense or any felony sex offense" means those offenses listed in § 5-4-501(d)(2) . (B) Unless the sentencing order expressly designates that the defendant was sentenced under this section, "a violent felony offense or any felony sex offense" does not include residential burglary, § 5-39-201 , committed before April 1, 2015, unless the defendant was sentenced on or after May 24, 2022.

(1) Any person who commits a violent felony offense or any felony sex offense subsequent to August 13, 2001, but before January 1, 2025, and who has previously been found guilty of or pleaded guilty or nolo contendere to any violent felony offense or any felony sex offense shall not be eligible for release on parole by the board.

(2) (A) As used in this subsection, "a violent felony offense or any felony sex offense" means those offenses listed in § 5-4-501(d)(2) . (B) Unless the sentencing order expressly designates that the defendant was sentenced under this section, "a violent felony offense or any felony sex offense" does not include residential burglary, § 5-39-201 , committed before April 1, 2015, unless the defendant was sentenced on or after May 24, 2022.

(A) As used in this subsection, "a violent felony offense or any felony sex offense" means those offenses listed in § 5-4-501(d)(2) .

(B) Unless the sentencing order expressly designates that the defendant was sentenced under this section, "a violent felony offense or any felony sex offense" does not include residential burglary, § 5-39-201 , committed before April 1, 2015, unless the defendant was sentenced on or after May 24, 2022.

(c) A person who commits the offense of possession of firearms by certain persons, § 5-73-103 , in which the offense is under § 5-73-103(c)(1) , after April 27, 2021, is not eligible for parole.

(d) (1) Any person who commits a parole-ineligible felony on or after January 1, 2024, but before January 1, 2025, is not eligible for release on parole. (2) As used in this subsection, "parole-ineligible felony" means the same as a felony ineligible to receive earned release credits as defined in § 16-93-1802 .

(1) Any person who commits a parole-ineligible felony on or after January 1, 2024, but before January 1, 2025, is not eligible for release on parole.

(2) As used in this subsection, "parole-ineligible felony" means the same as a felony ineligible to receive earned release credits as defined in § 16-93-1802 .

Amended by Act 2023, No. 659,§ 185, eff. 1/1/2024.

Amended by Act 2023, No. 683,§ 2, eff. 8/1/2023.

Amended by Act 2021, No. 946,§ 1, eff. 4/27/2021.

Acts 1983, No. 772, § 1; A.S.A. 1947, § 43-2807.1; Acts 2001, No. 1805, § 1.
Ark. Code Ann. § 16-19-1009 — AR Code / Title 16 / Chapter 19 / Subchapter 10 / Section 16-19-1009
[Repealed]
Status: repealed

Repealed by Act 2021, No. 475,§ 15, eff. 7/28/2021. Acts 1873, No. 135, § 83, p. 430; C. & M. Dig., § 6494; Pope's Dig., § 8456; A.S.A. 1947, § 26-1114.

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

Acts 1873, No. 135, § 83, p. 430; C. & M. Dig., § 6494; Pope's Dig., § 8456; A.S.A. 1947, § 26-1114.
Ark. Code Ann. § 16-67-322 — AR Code / Title 16 / Chapter 67 / Subchapter 3 / Section 16-67-322
[Repealed]
Status: repealed

Repealed by Act 2013, No. 1148,§ 55, eff. 8/16/2013. Rev. Stat., ch. 117, §§ 29, 30; C. & M. Dig., §§ 2153, 2154; Pope's Dig., §§ 2759, 2760; A.S.A. 1947, §§ 27-2131, 27-2132.

Repealed by Act 2013, No. 1148,§ 55, eff. 8/16/2013.

Rev. Stat., ch. 117, §§ 29, 30; C. & M. Dig., §§ 2153, 2154; Pope's Dig., §§ 2759, 2760; A.S.A. 1947, §§ 27-2131, 27-2132.
Ark. Code Ann. § 16-21-2006 — AR Code / Title 16 / Chapter 21 / Subchapter 20 / Section 16-21-2006
Payment of salaries and expenses
Status: in_force

The levying or quorum court of the respective counties shall annually appropriate out of the general revenue fund sufficient amounts to cover the salaries and expenses provided for in this subchapter. Acts 1981, No. 298, § 3; A.S.A. 1947, § 24-114.11b.

The levying or quorum court of the respective counties shall annually appropriate out of the general revenue fund sufficient amounts to cover the salaries and expenses provided for in this subchapter.

Acts 1981, No. 298, § 3; A.S.A. 1947, § 24-114.11b.
Ark. Code Ann. § 16-97-101 — AR Code / Title 16 / Chapter 97 / Section 16-97-101
Bifurcated sentencing procedures
Status: in_force

The following procedure shall govern jury trials which include any felony charges: (1) The jury shall first hear all evidence relevant to every charge on which a defendant is being tried and shall retire to reach a verdict on each charge; (2) If the defendant is found guilty of one (1) or more charges, the jury shall then hear additional evidence relevant to sentencing on those charges. Evidence introduced in the guilt phase may be considered, but need not be reintroduced at the sentencing phase; (3) Following the introduction of additional evidence relevant to sentencing, if any, instruction on the law, and argument, the jury shall again retire and determine a sentence within the statutory range; (4) The court, in its discretion, may also instruct the jury that counsel may argue as to alternative sentences for which the defendant may qualify. The jury, in its discretion, may make a recommendation as to an alternative sentence. However, this recommendation shall not be binding on the court; (5) After a jury finds guilt, the defendant, with the agreement of the prosecution and the consent of the court, may waive jury sentencing, in which case the court shall impose sentence; and (6) After a plea of guilty, the defendant, with the agreement of the prosecution and the consent of the court, may be sentenced by a jury impaneled for purposes of sentencing only. Acts 1993, No. 535, § 2; 1993, No. 551, § 2.

The following procedure shall govern jury trials which include any felony charges:

(1) The jury shall first hear all evidence relevant to every charge on which a defendant is being tried and shall retire to reach a verdict on each charge;

(2) If the defendant is found guilty of one (1) or more charges, the jury shall then hear additional evidence relevant to sentencing on those charges. Evidence introduced in the guilt phase may be considered, but need not be reintroduced at the sentencing phase;

(3) Following the introduction of additional evidence relevant to sentencing, if any, instruction on the law, and argument, the jury shall again retire and determine a sentence within the statutory range;

(4) The court, in its discretion, may also instruct the jury that counsel may argue as to alternative sentences for which the defendant may qualify. The jury, in its discretion, may make a recommendation as to an alternative sentence. However, this recommendation shall not be binding on the court;

(5) After a jury finds guilt, the defendant, with the agreement of the prosecution and the consent of the court, may waive jury sentencing, in which case the court shall impose sentence; and

(6) After a plea of guilty, the defendant, with the agreement of the prosecution and the consent of the court, may be sentenced by a jury impaneled for purposes of sentencing only.

Acts 1993, No. 535, § 2; 1993, No. 551, § 2.
Ark. Code Ann. § 16-21-204 — AR Code / Title 16 / Chapter 21 / Subchapter 2 / Section 16-21-204
Prosecutor Coordinator
Status: in_force

(a) There is created the position of Prosecutor Coordinator which shall be filled as specified in § 16-21-203 . (b) In addition to any other duties and responsibilities established by the Prosecution Coordination Commission, the Prosecutor Coordinator, for the benefit of the prosecuting attorneys of this state, shall: (1) Produce and promote in-state training and continuing education programs at such intervals as shall be determined by the commission; (2) Coordinate interjudicial district investigation and prosecution of organized criminal activities as so requested by police or prosecuting officials of this state or by any organized crime prevention council which may be created; (3) Develop and supplement, in conjunction with the Criminal Justice Division of the Office of the Attorney General, an office and trial manual, standardized criminal litigation forms, and a comprehensive criminal law brief bank; (4) Maintain a crisis center for emergency research for and assistance to prosecutors at trial; (5) Facilitate an exchange of information between the various prosecuting and deputy prosecuting attorneys and the Office of the Attorney General in the preparation of criminal appeals and in any other matter of mutual concern; and (6) (A) Establish and administer a statewide certified facility dog program to assist child and vulnerable victims and child and vulnerable witnesses throughout the criminal justice system. (B) As used in subdivision (b)(6)(A) of this section, "certified facility dog" means the same as defined in § 16-43-1002 . Amended by Act 2023, No. 659,§ 121, eff. 1/1/2024. Acts 1975, No. 925, § 3; A.S.A. 1947, § 24-128.

(a) There is created the position of Prosecutor Coordinator which shall be filled as specified in § 16-21-203 .

(b) In addition to any other duties and responsibilities established by the Prosecution Coordination Commission, the Prosecutor Coordinator, for the benefit of the prosecuting attorneys of this state, shall: (1) Produce and promote in-state training and continuing education programs at such intervals as shall be determined by the commission; (2) Coordinate interjudicial district investigation and prosecution of organized criminal activities as so requested by police or prosecuting officials of this state or by any organized crime prevention council which may be created; (3) Develop and supplement, in conjunction with the Criminal Justice Division of the Office of the Attorney General, an office and trial manual, standardized criminal litigation forms, and a comprehensive criminal law brief bank; (4) Maintain a crisis center for emergency research for and assistance to prosecutors at trial; (5) Facilitate an exchange of information between the various prosecuting and deputy prosecuting attorneys and the Office of the Attorney General in the preparation of criminal appeals and in any other matter of mutual concern; and (6) (A) Establish and administer a statewide certified facility dog program to assist child and vulnerable victims and child and vulnerable witnesses throughout the criminal justice system. (B) As used in subdivision (b)(6)(A) of this section, "certified facility dog" means the same as defined in § 16-43-1002 .

(1) Produce and promote in-state training and continuing education programs at such intervals as shall be determined by the commission;

(2) Coordinate interjudicial district investigation and prosecution of organized criminal activities as so requested by police or prosecuting officials of this state or by any organized crime prevention council which may be created;

(3) Develop and supplement, in conjunction with the Criminal Justice Division of the Office of the Attorney General, an office and trial manual, standardized criminal litigation forms, and a comprehensive criminal law brief bank;

(4) Maintain a crisis center for emergency research for and assistance to prosecutors at trial;

(5) Facilitate an exchange of information between the various prosecuting and deputy prosecuting attorneys and the Office of the Attorney General in the preparation of criminal appeals and in any other matter of mutual concern; and

(6) (A) Establish and administer a statewide certified facility dog program to assist child and vulnerable victims and child and vulnerable witnesses throughout the criminal justice system. (B) As used in subdivision (b)(6)(A) of this section, "certified facility dog" means the same as defined in § 16-43-1002 .

(A) Establish and administer a statewide certified facility dog program to assist child and vulnerable victims and child and vulnerable witnesses throughout the criminal justice system.

(B) As used in subdivision (b)(6)(A) of this section, "certified facility dog" means the same as defined in § 16-43-1002 .

Amended by Act 2023, No. 659,§ 121, eff. 1/1/2024.

Acts 1975, No. 925, § 3; A.S.A. 1947, § 24-128.
Ark. Code Ann. § 16-63-207 — AR Code / Title 16 / Chapter 63 / Subchapter 2 / Section 16-63-207
[Repealed]
Status: repealed

Repealed by Act 2013, No. 1148,§ 39, eff. 8/16/2013. Civil Code, §§ 143, 144; C. & M. Dig., §§ 1228, 1229; Pope's Dig., §§ 1452, 1453; A.S.A. 1947, §§ 27-1148, 27-1149.

Repealed by Act 2013, No. 1148,§ 39, eff. 8/16/2013.

Civil Code, §§ 143, 144; C. & M. Dig., §§ 1228, 1229; Pope's Dig., §§ 1452, 1453; A.S.A. 1947, §§ 27-1148, 27-1149.
Ark. Code Ann. § 16-61-112 — AR Code / Title 16 / Chapter 61 / Subchapter 1 / Section 16-61-112
Assignments
Status: in_force

(a) When the assignment is not authorized by statute, the assignor must be a party as plaintiff or defendant. (b) Where the right of the plaintiff is transferred or assigned during the pendency of the action, it may be continued in his or her name, or the court may allow the person to whom the transfer or assignment is made to be substituted in the action, proper orders being made as to security for the costs. Civil Code, §§ 26, 27; Acts 1873, No. 88, § 1 [26], p. 213; C. & M. Dig., §§ 1090, 1091; Pope's Dig., §§ 1306, 1307; A.S.A. 1947, §§ 27-802, 27-803.

(a) When the assignment is not authorized by statute, the assignor must be a party as plaintiff or defendant.

(b) Where the right of the plaintiff is transferred or assigned during the pendency of the action, it may be continued in his or her name, or the court may allow the person to whom the transfer or assignment is made to be substituted in the action, proper orders being made as to security for the costs.

Civil Code, §§ 26, 27; Acts 1873, No. 88, § 1 [26], p. 213; C. & M. Dig., §§ 1090, 1091; Pope's Dig., §§ 1306, 1307; A.S.A. 1947, §§ 27-802, 27-803.
Ark. Code Ann. § 16-21-1104 — AR Code / Title 16 / Chapter 21 / Subchapter 11 / Section 16-21-1104
Additional personnel or funds
Status: in_force

Nothing in this subchapter shall be construed to prohibit the Quorum Court of Pulaski County and the Quorum Court of Perry County from providing additional personnel or funds from whatever source available, whether federal, state, county, or municipal, if deemed necessary for the efficient operation of the office of the Prosecuting Attorney of the Sixth Judicial District. Acts 1993, No. 997, § 4; 1995, No. 803, § 4; 1997, No. 522, § 1.

Nothing in this subchapter shall be construed to prohibit the Quorum Court of Pulaski County and the Quorum Court of Perry County from providing additional personnel or funds from whatever source available, whether federal, state, county, or municipal, if deemed necessary for the efficient operation of the office of the Prosecuting Attorney of the Sixth Judicial District.

Acts 1993, No. 997, § 4; 1995, No. 803, § 4; 1997, No. 522, § 1.
Ark. Code Ann. § 16-107-303 — AR Code / Title 16 / Chapter 107 / Subchapter 3 / Section 16-107-303
Recovery of money and property from principal debtor
Status: in_force

(a) When any bond, bill, or note for the payment of money or delivery of property shall not be paid by the principal debtor, according to the tenor thereof, and the bond, bill, or note, or any part thereof shall be paid by the security, the principal debtor shall refund to the security the amount or value, with interest thereon at the rate of ten percent (10%) per annum, from the time of payment. (b) (1) When the payment by a security shall be made in money, the security may recover the money with interest, in an action for so much money, paid to the use of the defendant. (2) When payment is made in property, he or she may recover the value, with the interest, in an action for so much property sold to the defendant. Rev. Stat., ch. 137, §§ 4, 5; C. & M. Dig., §§ 8290, 8291; Pope's Dig., §§ 10867, 10868; A.S.A. 1947, §§ 34-336, 34-337.

(a) When any bond, bill, or note for the payment of money or delivery of property shall not be paid by the principal debtor, according to the tenor thereof, and the bond, bill, or note, or any part thereof shall be paid by the security, the principal debtor shall refund to the security the amount or value, with interest thereon at the rate of ten percent (10%) per annum, from the time of payment.

(b) (1) When the payment by a security shall be made in money, the security may recover the money with interest, in an action for so much money, paid to the use of the defendant. (2) When payment is made in property, he or she may recover the value, with the interest, in an action for so much property sold to the defendant.

(1) When the payment by a security shall be made in money, the security may recover the money with interest, in an action for so much money, paid to the use of the defendant.

(2) When payment is made in property, he or she may recover the value, with the interest, in an action for so much property sold to the defendant.

Rev. Stat., ch. 137, §§ 4, 5; C. & M. Dig., §§ 8290, 8291; Pope's Dig., §§ 10867, 10868; A.S.A. 1947, §§ 34-336, 34-337.
Ark. Code Ann. § 16-10-136 — AR Code / Title 16 / Chapter 10 / Subchapter 1 / Section 16-10-136
Extrajudicial activities of justices and judges
Status: in_force

Restrictions on extrajudicial activities found in Arkansas Constitution, Amendment 80, shall not preclude a justice or judge from: (1) Being a member of a reserve unit of any branch of the United States Armed Forces; (2) Being a member of the National Guard; (3) Teaching; (4) Serving on any state or United States boards or commissions which relate to the law for the administration of justice; or (5) Serving in an extrajudicial capacity that is not prohibited by the Arkansas Code of Judicial Conduct. Amended by Act 2021, No. 475,§ 3, eff. 7/28/2021. Acts 2001, No. 914, § 1; 2005, No. 1934, § 1.

Restrictions on extrajudicial activities found in Arkansas Constitution, Amendment 80, shall not preclude a justice or judge from:

(1) Being a member of a reserve unit of any branch of the United States Armed Forces;

(2) Being a member of the National Guard;

(3) Teaching;

(4) Serving on any state or United States boards or commissions which relate to the law for the administration of justice; or

(5) Serving in an extrajudicial capacity that is not prohibited by the Arkansas Code of Judicial Conduct.

Amended by Act 2021, No. 475,§ 3, eff. 7/28/2021.

Acts 2001, No. 914, § 1; 2005, No. 1934, § 1.
Ark. Code Ann. § 16-67-206 — AR Code / Title 16 / Chapter 67 / Subchapter 2 / Section 16-67-206
[Repealed]
Status: repealed

Repealed by Act 2013, No. 1148,§ 54, eff. 8/16/2013. Chapters of Digest 1869, § 5, p. 109; C. & M. Dig., § 2236; Pope's Dig., § 2864; A.S.A. 1947, § 27-2007.

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

Chapters of Digest 1869, § 5, p. 109; C. & M. Dig., § 2236; Pope's Dig., § 2864; A.S.A. 1947, § 27-2007.
Ark. Code Ann. § 16-21-136 — AR Code / Title 16 / Chapter 21 / Subchapter 1 / Section 16-21-136
The Fourteenth Judicial District
Status: in_force

The Fourteenth Judicial District shall be a Division B Judicial District. Acts 1993, No. 1306, § 1; 2003, No. 67, § 1.

The Fourteenth Judicial District shall be a Division B Judicial District.

Acts 1993, No. 1306, § 1; 2003, No. 67, § 1.
Ark. Code Ann. § 16-41-101 — AR Code / Title 16 / Chapter 41 / Section 16-41-101
[Repealed]
Status: repealed

Repealed by Act 2013, No. 1148,§ 2 [ sic ], eff. 8/16/2013. Acts 1975 (Extended Sess. 1976), No. 1143, § 1; 1985, No. 405, § 1; 1985, No. 462, § 1; reen. Acts 1987, No. 876, § 1; A.S.A. 1947, § 28-1001; Acts 1991, No. 361, § 1; 1992 (1st Ex. Sess.), No. 66, § 1; 1997, No. 794, § 1; 2001, No. 629, § 1.

Repealed by Act 2013, No. 1148,§ 2 [ sic ], eff. 8/16/2013.

Acts 1975 (Extended Sess. 1976), No. 1143, § 1; 1985, No. 405, § 1; 1985, No. 462, § 1; reen. Acts 1987, No. 876, § 1; A.S.A. 1947, § 28-1001; Acts 1991, No. 361, § 1; 1992 (1st Ex. Sess.), No. 66, § 1; 1997, No. 794, § 1; 2001, No. 629, § 1.
Ark. Code Ann. § 16-114-301 — AR Code / Title 16 / Chapter 114 / Subchapter 3 / Section 16-114-301
Applicability
Status: in_force

This subchapter shall apply only to acts, omissions, decisions, or other conduct in connection with professional services occurring or rendered on or after April 6, 1987. Acts 1987, No. 661, § 3.

This subchapter shall apply only to acts, omissions, decisions, or other conduct in connection with professional services occurring or rendered on or after April 6, 1987.

Acts 1987, No. 661, § 3.
Ark. Code Ann. § 16-90-801 — AR Code / Title 16 / Chapter 90 / Subchapter 8 / Section 16-90-801
Statement of sentencing policy
Status: in_force

(a) Purposes of Sentencing. The primary purposes of sentencing a person convicted of a crime are: (1) To punish an offender commensurate with the nature and extent of the harm caused by the offense, taking into account factors that may diminish or increase an offender's culpability; (2) To protect the public by restraining offenders; (3) To provide restitution or restoration to victims of crime to the extent possible and appropriate; (4) To assist the offender toward rehabilitation and restoration to the community as a lawful citizen; and (5) To deter criminal behavior and foster respect for the law. (b) Purpose of Sentencing Standards. (1) Though voluntary, the purpose of establishing rational and consistent sentencing standards is to seek to ensure that sanctions imposed following conviction are proportional to the seriousness of the offense of conviction and the extent of the offender's criminal history. (2) The standards seek to ensure equitable sanctions which provide that offenders similar with respect to relevant sentencing criteria will receive similar sanctions and offenders substantially different with respect to relevant sentencing criteria will receive different sanctions. (3) Sentencing criteria should be neutral with respect to race, gender, social, and economic status. (c) Appropriate Use of Sentencing Sanctions. (1) Rational and consistent sentencing policy requires a continuum of sanctions which increases in direct proportion to the seriousness of the offense and the extent of the offender's criminal history. (2) Commitment to the Division of Correction is the most severe sanction and due to the finite capacity of the division's facilities, it should be reserved for those convicted of the most serious offenses, those who have longer criminal histories, and those who have repeatedly failed to comply with conditions imposed under less restrictive sanctions. (3) Arkansas law provides for significant intermediate penal sanctions in the community which should be utilized when appropriate. (4) Restrictions on an offender's liberty should only be as restrictive as necessary to fulfill the purposes of sentencing contained in this policy. Amended by Act 2019, No. 910,§ 876, eff. 7/1/2019. Acts 1993, No. 532, § 1; 1993, No. 550, § 1.

(a) Purposes of Sentencing. The primary purposes of sentencing a person convicted of a crime are: (1) To punish an offender commensurate with the nature and extent of the harm caused by the offense, taking into account factors that may diminish or increase an offender's culpability; (2) To protect the public by restraining offenders; (3) To provide restitution or restoration to victims of crime to the extent possible and appropriate; (4) To assist the offender toward rehabilitation and restoration to the community as a lawful citizen; and (5) To deter criminal behavior and foster respect for the law.

(1) To punish an offender commensurate with the nature and extent of the harm caused by the offense, taking into account factors that may diminish or increase an offender's culpability;

(2) To protect the public by restraining offenders;

(3) To provide restitution or restoration to victims of crime to the extent possible and appropriate;

(4) To assist the offender toward rehabilitation and restoration to the community as a lawful citizen; and

(5) To deter criminal behavior and foster respect for the law.

(b) Purpose of Sentencing Standards. (1) Though voluntary, the purpose of establishing rational and consistent sentencing standards is to seek to ensure that sanctions imposed following conviction are proportional to the seriousness of the offense of conviction and the extent of the offender's criminal history. (2) The standards seek to ensure equitable sanctions which provide that offenders similar with respect to relevant sentencing criteria will receive similar sanctions and offenders substantially different with respect to relevant sentencing criteria will receive different sanctions. (3) Sentencing criteria should be neutral with respect to race, gender, social, and economic status.

(1) Though voluntary, the purpose of establishing rational and consistent sentencing standards is to seek to ensure that sanctions imposed following conviction are proportional to the seriousness of the offense of conviction and the extent of the offender's criminal history.

(2) The standards seek to ensure equitable sanctions which provide that offenders similar with respect to relevant sentencing criteria will receive similar sanctions and offenders substantially different with respect to relevant sentencing criteria will receive different sanctions.

(3) Sentencing criteria should be neutral with respect to race, gender, social, and economic status.

(c) Appropriate Use of Sentencing Sanctions. (1) Rational and consistent sentencing policy requires a continuum of sanctions which increases in direct proportion to the seriousness of the offense and the extent of the offender's criminal history. (2) Commitment to the Division of Correction is the most severe sanction and due to the finite capacity of the division's facilities, it should be reserved for those convicted of the most serious offenses, those who have longer criminal histories, and those who have repeatedly failed to comply with conditions imposed under less restrictive sanctions. (3) Arkansas law provides for significant intermediate penal sanctions in the community which should be utilized when appropriate. (4) Restrictions on an offender's liberty should only be as restrictive as necessary to fulfill the purposes of sentencing contained in this policy.

(1) Rational and consistent sentencing policy requires a continuum of sanctions which increases in direct proportion to the seriousness of the offense and the extent of the offender's criminal history.

(2) Commitment to the Division of Correction is the most severe sanction and due to the finite capacity of the division's facilities, it should be reserved for those convicted of the most serious offenses, those who have longer criminal histories, and those who have repeatedly failed to comply with conditions imposed under less restrictive sanctions.

(3) Arkansas law provides for significant intermediate penal sanctions in the community which should be utilized when appropriate.

(4) Restrictions on an offender's liberty should only be as restrictive as necessary to fulfill the purposes of sentencing contained in this policy.

Amended by Act 2019, No. 910,§ 876, eff. 7/1/2019.

Acts 1993, No. 532, § 1; 1993, No. 550, § 1.
Ark. Code Ann. § 16-17-919 — AR Code / Title 16 / Chapter 17 / Subchapter 9 / Section 16-17-919
[Repealed]
Status: repealed

Repealed by Act 2017, No. 723,§ 1, eff. 8/1/2017. Acts 2003, No. 1727, §; 19; 2003 (2nd Ex. Sess.), No. 24, §; 1; 2007, No. 55, §; 1; 2007, No. 663, § 47.

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

Acts 2003, No. 1727, §; 19; 2003 (2nd Ex. Sess.), No. 24, §; 1; 2007, No. 55, §; 1; 2007, No. 663, § 47.
Ark. Code Ann. § 16-107-102 — AR Code / Title 16 / Chapter 107 / Subchapter 1 / Section 16-107-102
Signature of surety conditional upon signature of cosurety no defense - Liability
Status: in_force

(a) It shall not be a defense in favor of any surety on any bond or obligation that he or she became surety thereon on the condition that the principal obligor should procure the cosuretyship of other persons before the instrument should be delivered. This shall be the case whether the names of the contemplated cosureties appear upon the face of the instrument at the time the condition is stated or are specified in an independent agreement or understanding. (b) In case of every failure to procure the joinder of the contemplated cosureties, the liability of the sureties who actually sign the bond or other obligation shall be as complete and valid as if no condition had been mentioned. The instrument to which their names are signed shall be deemed and taken to all intents and purposes as their obligation. Acts 1891, No. 55, § 2, p. 91; C. & M. Dig., § 8296; Pope's Dig., § 10873; A.S.A. 1947, § 34-329.

(a) It shall not be a defense in favor of any surety on any bond or obligation that he or she became surety thereon on the condition that the principal obligor should procure the cosuretyship of other persons before the instrument should be delivered. This shall be the case whether the names of the contemplated cosureties appear upon the face of the instrument at the time the condition is stated or are specified in an independent agreement or understanding.

(b) In case of every failure to procure the joinder of the contemplated cosureties, the liability of the sureties who actually sign the bond or other obligation shall be as complete and valid as if no condition had been mentioned. The instrument to which their names are signed shall be deemed and taken to all intents and purposes as their obligation.

Acts 1891, No. 55, § 2, p. 91; C. & M. Dig., § 8296; Pope's Dig., § 10873; A.S.A. 1947, § 34-329.
Ark. Code Ann. § 16-10-405 — AR Code / Title 16 / Chapter 10 / Subchapter 4 / Section 16-10-405
Rules
Status: in_force

The Supreme Court shall adopt rules with regard to all matters of Judicial Discipline and Disability Commission operations and all disciplinary and disability proceedings and promulgate rules of procedure. Acts 1989, No. 637, § 9.

The Supreme Court shall adopt rules with regard to all matters of Judicial Discipline and Disability Commission operations and all disciplinary and disability proceedings and promulgate rules of procedure.

Acts 1989, No. 637, § 9.
Ark. Code Ann. § 16-68-409 — AR Code / Title 16 / Chapter 68 / Subchapter 4 / Section 16-68-409
Taxation of costs - No charge for service not performed
Status: in_force

(a) (1) The clerk shall tax and subscribe all bills of costs arising in any cause or proceedings instituted or adjudged in the court of which he or she is clerk, corresponding to the fees which shall, for the time being, be allowed by law. (2) The clerk shall in no case allow any item or charge, unless the service for which it was made was actually performed in the cause. (b) Any person aggrieved by the taxation of any bill of costs may upon application have the bill of costs retaxed by the court in which the action or proceeding was had, and in the retaxation, all errors shall be corrected by the court. Rev. Stat., ch. 34, §§ 28, 30; C. & M. Dig., §§ 1859, 1860; Pope's Dig., §§ 2378, 2379; A.S.A. 1947, §§ 27-2319, 27-2320; Acts 1991, No. 904, § 19.

(a) (1) The clerk shall tax and subscribe all bills of costs arising in any cause or proceedings instituted or adjudged in the court of which he or she is clerk, corresponding to the fees which shall, for the time being, be allowed by law. (2) The clerk shall in no case allow any item or charge, unless the service for which it was made was actually performed in the cause.

(1) The clerk shall tax and subscribe all bills of costs arising in any cause or proceedings instituted or adjudged in the court of which he or she is clerk, corresponding to the fees which shall, for the time being, be allowed by law.

(2) The clerk shall in no case allow any item or charge, unless the service for which it was made was actually performed in the cause.

(b) Any person aggrieved by the taxation of any bill of costs may upon application have the bill of costs retaxed by the court in which the action or proceeding was had, and in the retaxation, all errors shall be corrected by the court.

Rev. Stat., ch. 34, §§ 28, 30; C. & M. Dig., §§ 1859, 1860; Pope's Dig., §§ 2378, 2379; A.S.A. 1947, §§ 27-2319, 27-2320; Acts 1991, No. 904, § 19.
Ark. Code Ann. § 16-21-118 — AR Code / Title 16 / Chapter 21 / Subchapter 1 / Section 16-21-118
Division A Districts
Status: in_force

The prosecuting attorneys in the Division A Judicial Districts shall not engage in the private practice of law during their terms in office. Acts 1937, No. 214, § 3; Pope's Dig., § 10904; Acts 1953, No. 57, § 3; 1959, No. 308, § 1; 1965, No. 557, § 1; 1967, No. 472, § 1; 1971, No. 384, § 3; 1975, No. 898, § 3; 1977, No. 319, § 3; 1979, No. 447, § 3; A.S.A. 1947, § 24-112; Acts 1999, No. 553, § 29.

The prosecuting attorneys in the Division A Judicial Districts shall not engage in the private practice of law during their terms in office.

Acts 1937, No. 214, § 3; Pope's Dig., § 10904; Acts 1953, No. 57, § 3; 1959, No. 308, § 1; 1965, No. 557, § 1; 1967, No. 472, § 1; 1971, No. 384, § 3; 1975, No. 898, § 3; 1977, No. 319, § 3; 1979, No. 447, § 3; A.S.A. 1947, § 24-112; Acts 1999, No. 553, § 29.
Ark. Code Ann. § 16-22-409 — AR Code / Title 16 / Chapter 22 / Subchapter 4 / Section 16-22-409
Trial when offense not indictable
Status: in_force

When the matter charged is not indictable, the trial of the facts alleged shall be had in the court in which the charges are pending. The trial shall be by jury. If the accused fails to appear or, upon appearing, does not require a jury, the trial shall be by the court sitting without a jury. Rev. Stat., ch. 15, § 22; C. & M. Dig., § 620; Pope's Dig., § 660; A.S.A. 1947, § 25-411.

When the matter charged is not indictable, the trial of the facts alleged shall be had in the court in which the charges are pending. The trial shall be by jury. If the accused fails to appear or, upon appearing, does not require a jury, the trial shall be by the court sitting without a jury.

Rev. Stat., ch. 15, § 22; C. & M. Dig., § 620; Pope's Dig., § 660; A.S.A. 1947, § 25-411.
Ark. Code Ann. § 16-22-205 — AR Code / Title 16 / Chapter 22 / Subchapter 2 / Section 16-22-205
Oath
Status: in_force

Any person admitted to practice law in this state shall make oath to support the Constitutions of the United States and of the State of Arkansas and to faithfully discharge the duties of the office upon which he is about to enter. Civil Code, § 760; Acts 1873, No. 88, § 1 [760], p. 213; 1917, No. 361, § 1, p. 1786; C. & M. Dig., § 598; Acts 1929, No. 32, § 1; Pope's Dig., § 638; A.S.A. 1947, § 25-103.

Any person admitted to practice law in this state shall make oath to support the Constitutions of the United States and of the State of Arkansas and to faithfully discharge the duties of the office upon which he is about to enter.

Civil Code, § 760; Acts 1873, No. 88, § 1 [760], p. 213; 1917, No. 361, § 1, p. 1786; C. & M. Dig., § 598; Acts 1929, No. 32, § 1; Pope's Dig., § 638; A.S.A. 1947, § 25-103.
Ark. Code Ann. § 16-126-101 — AR Code / Title 16 / Chapter 126 / Section 16-126-101
In general
Status: in_force

The General Assembly finds and determines that it needs to clarify and establish its legislative intent regarding the sale of alcoholic beverages as addressed by the Supreme Court in Shannon v. Wilson, 329 Ark. 143, 947 S.W.2d 349 (1997) and Jackson v. Cadillac Cowboy, Inc., 337 Ark. 24, 986 S.W.2d 410 (1999). Acts 1999, No. 1596, § 1.

The General Assembly finds and determines that it needs to clarify and establish its legislative intent regarding the sale of alcoholic beverages as addressed by the Supreme Court in Shannon v. Wilson, 329 Ark. 143, 947 S.W.2d 349 (1997) and Jackson v. Cadillac Cowboy, Inc., 337 Ark. 24, 986 S.W.2d 410 (1999).

Acts 1999, No. 1596, § 1.
Ark. Code Ann. § 16-13-330 — AR Code / Title 16 / Chapter 13 / Subchapter 3 / Section 16-13-330
Contract providers
Status: in_force

Intake and probation services deemed necessary by the court may be provided by contract providers by contract between the county or counties in a judicial district and the contract provider, upon approval of the judge or judges of the circuit court designated to hear juvenile cases in their district plan under Arkansas Supreme Court Administrative Order Number 14, originally issued April 6, 2001. Persons providing juvenile intake and probation services by contract shall be certified in the same manner as juvenile intake and probation officers employed by the judge or judges. Acts 1989, No. 418, § 3; 1991, No. 787, § 1; 2003, No. 1166, § 36.

Intake and probation services deemed necessary by the court may be provided by contract providers by contract between the county or counties in a judicial district and the contract provider, upon approval of the judge or judges of the circuit court designated to hear juvenile cases in their district plan under Arkansas Supreme Court Administrative Order Number 14, originally issued April 6, 2001. Persons providing juvenile intake and probation services by contract shall be certified in the same manner as juvenile intake and probation officers employed by the judge or judges.

Acts 1989, No. 418, § 3; 1991, No. 787, § 1; 2003, No. 1166, § 36.
Ark. Code Ann. § 16-13-2704 — AR Code / Title 16 / Chapter 13 / Subchapter 27 / Section 16-13-2704
Bailiffs
Status: in_force

(a) The circuit, chancery, and circuit-chancery judges of the Nineteenth Judicial District may each appoint one (1) court bailiff. (b) (1) The duties of the bailiffs shall include the supervision and maintenance of order in their respective courtrooms, providing security for the judges, officers of the court, jurors, and other individuals involved in court proceedings, administering oaths, and other incidental and related duties at the direction of the respective judges. (2) When acting within the scope of their duties, the court bailiffs shall exercise all the powers necessary and proper to the performance of their duties, including the powers of a deputy sheriff and the power to make arrests, carry a weapon, and serve a summons. (3) A bailiff may maintain law enforcement certification existing or acquired during his or her service as bailiff. (c) The pay of the bailiffs shall be determined by the quorum courts. Acts 1993, No. 789, § 1.

(a) The circuit, chancery, and circuit-chancery judges of the Nineteenth Judicial District may each appoint one (1) court bailiff.

(b) (1) The duties of the bailiffs shall include the supervision and maintenance of order in their respective courtrooms, providing security for the judges, officers of the court, jurors, and other individuals involved in court proceedings, administering oaths, and other incidental and related duties at the direction of the respective judges. (2) When acting within the scope of their duties, the court bailiffs shall exercise all the powers necessary and proper to the performance of their duties, including the powers of a deputy sheriff and the power to make arrests, carry a weapon, and serve a summons. (3) A bailiff may maintain law enforcement certification existing or acquired during his or her service as bailiff.

(1) The duties of the bailiffs shall include the supervision and maintenance of order in their respective courtrooms, providing security for the judges, officers of the court, jurors, and other individuals involved in court proceedings, administering oaths, and other incidental and related duties at the direction of the respective judges.

(2) When acting within the scope of their duties, the court bailiffs shall exercise all the powers necessary and proper to the performance of their duties, including the powers of a deputy sheriff and the power to make arrests, carry a weapon, and serve a summons.

(3) A bailiff may maintain law enforcement certification existing or acquired during his or her service as bailiff.

(c) The pay of the bailiffs shall be determined by the quorum courts.

Acts 1993, No. 789, § 1.
Ark. Code Ann. § 16-93-1603 — AR Code / Title 16 / Chapter 93 / Subchapter 16 / Section 16-93-1603
Powers and duties of the Board of Corrections
Status: in_force

(a) The Board of Corrections shall promulgate rules or develop administrative directives that set minimum standards for all transitional housing facilities in the State of Arkansas. (b) (1) The Post-Prison Transfer Board, a district court, or a circuit court shall not release a transferee, parolee, or probationer to a transitional housing facility as a resident unless the transitional housing facility provides a copy of a current license issued by the Division of Community Correction under § 16-93-1604 . (2) The transitional housing facility shall comply with all the standards set by the rules or administrative directives established by the Board of Corrections under subsection (a) of this section. (c) The rules and administrative directives described in subsection (a) of this section shall include at least the following: (1) Compliance with any local health and safety codes, including housing codes, fire codes, plumbing codes, and electrical codes, set by the jurisdiction or jurisdictions in which the transitional housing facility is located; (2) Compliance with any local zoning ordinances; (3) Compliance with any state and federal health and safety codes; (4) Consideration of geographic dispersement of transitional housing facilities; (5) Allowable ratio of transitional housing facility square footage to residents; and (6) Allowable ratio of bathing facilities and restroom facilities to residents. (d) Each transitional housing facility shall be licensed by its type. (e) As used in this section, "transitional housing facility" includes a reentry, self-governed, or other type of post-incarceration housing as approved by the Board of Corrections and licensed by the division. Amended by Act 2023, No. 659,§ 233, eff. 1/1/2024. Amended by Act 2019, No. 159,§ 1, eff. 7/24/2019. Acts 2005, No. 1378, § 2; 2009, No. 615, § 1.

(a) The Board of Corrections shall promulgate rules or develop administrative directives that set minimum standards for all transitional housing facilities in the State of Arkansas.

(b) (1) The Post-Prison Transfer Board, a district court, or a circuit court shall not release a transferee, parolee, or probationer to a transitional housing facility as a resident unless the transitional housing facility provides a copy of a current license issued by the Division of Community Correction under § 16-93-1604 . (2) The transitional housing facility shall comply with all the standards set by the rules or administrative directives established by the Board of Corrections under subsection (a) of this section.

(1) The Post-Prison Transfer Board, a district court, or a circuit court shall not release a transferee, parolee, or probationer to a transitional housing facility as a resident unless the transitional housing facility provides a copy of a current license issued by the Division of Community Correction under § 16-93-1604 .

(2) The transitional housing facility shall comply with all the standards set by the rules or administrative directives established by the Board of Corrections under subsection (a) of this section.

(c) The rules and administrative directives described in subsection (a) of this section shall include at least the following: (1) Compliance with any local health and safety codes, including housing codes, fire codes, plumbing codes, and electrical codes, set by the jurisdiction or jurisdictions in which the transitional housing facility is located; (2) Compliance with any local zoning ordinances; (3) Compliance with any state and federal health and safety codes; (4) Consideration of geographic dispersement of transitional housing facilities; (5) Allowable ratio of transitional housing facility square footage to residents; and (6) Allowable ratio of bathing facilities and restroom facilities to residents.

(1) Compliance with any local health and safety codes, including housing codes, fire codes, plumbing codes, and electrical codes, set by the jurisdiction or jurisdictions in which the transitional housing facility is located;

(2) Compliance with any local zoning ordinances;

(3) Compliance with any state and federal health and safety codes;

(4) Consideration of geographic dispersement of transitional housing facilities;

(5) Allowable ratio of transitional housing facility square footage to residents; and

(6) Allowable ratio of bathing facilities and restroom facilities to residents.

(d) Each transitional housing facility shall be licensed by its type.

(e) As used in this section, "transitional housing facility" includes a reentry, self-governed, or other type of post-incarceration housing as approved by the Board of Corrections and licensed by the division.

Amended by Act 2023, No. 659,§ 233, eff. 1/1/2024.

Amended by Act 2019, No. 159,§ 1, eff. 7/24/2019.

Acts 2005, No. 1378, § 2; 2009, No. 615, § 1.
Ark. Code Ann. § 16-62-101 — AR Code / Title 16 / Chapter 62 / Section 16-62-101
Survival of actions - Wrongs to person or property
Status: in_force

(a) (1) For wrongs done to the person or property of another, an action may be maintained against a wrongdoer, and the action may be brought by the person injured or, after his or her death, by his or her executor or administrator against the wrongdoer or, after the death of the wrongdoer, against the executor or administrator of the wrongdoer, in the same manner and with like effect in all respects as actions founded on contracts. (2) Nothing in subdivision (a)(1) of this section shall be so construed as to extend its provisions to actions of slander or libel. (b) In addition to all other elements of damages provided by law, a decedent's estate may recover for the decedent's loss of life as an independent element of damages. Rev. Stat., ch. 4, §§ 59, 60; C. & M. Dig., §§ 1070, 1071; Pope's Dig., §§ 1273, 1274; A.S.A. 1947, §§ 27-901, 27-902; Acts 2001, No. 1516, § 1.

(a) (1) For wrongs done to the person or property of another, an action may be maintained against a wrongdoer, and the action may be brought by the person injured or, after his or her death, by his or her executor or administrator against the wrongdoer or, after the death of the wrongdoer, against the executor or administrator of the wrongdoer, in the same manner and with like effect in all respects as actions founded on contracts. (2) Nothing in subdivision (a)(1) of this section shall be so construed as to extend its provisions to actions of slander or libel.

(1) For wrongs done to the person or property of another, an action may be maintained against a wrongdoer, and the action may be brought by the person injured or, after his or her death, by his or her executor or administrator against the wrongdoer or, after the death of the wrongdoer, against the executor or administrator of the wrongdoer, in the same manner and with like effect in all respects as actions founded on contracts.

(2) Nothing in subdivision (a)(1) of this section shall be so construed as to extend its provisions to actions of slander or libel.

(b) In addition to all other elements of damages provided by law, a decedent's estate may recover for the decedent's loss of life as an independent element of damages.

Rev. Stat., ch. 4, §§ 59, 60; C. & M. Dig., §§ 1070, 1071; Pope's Dig., §§ 1273, 1274; A.S.A. 1947, §§ 27-901, 27-902; Acts 2001, No. 1516, § 1.
Ark. Code Ann. § 16-123-308 — AR Code / Title 16 / Chapter 123 / Subchapter 3 / Section 16-123-308
Exemption - Appraisals
Status: in_force

Nothing in this subchapter prohibits a person engaged in the business of furnishing evaluations, market analyses, or appraisals of real property to take into consideration factors other than race, color, religion, sex, disability, familial status, or national origin. Acts 2001, No. 1785, § 9.

Nothing in this subchapter prohibits a person engaged in the business of furnishing evaluations, market analyses, or appraisals of real property to take into consideration factors other than race, color, religion, sex, disability, familial status, or national origin.

Acts 2001, No. 1785, § 9.
Ark. Code Ann. § 16-88-111 — AR Code / Title 16 / Chapter 88 / Subchapter 1 / Section 16-88-111
Jurisdiction of counties - Offense committed on boat or vessel
Status: in_force

When any offense may have been committed within this state on board any steamboat, flatboat, keelboat, or other vessel in the course of any voyage or trip, an indictment for the offense may be found and a trial and conviction on the offense had in any county through which or any part of which the boat or vessel passed in the course of the same voyage or trip, and with like effect as in the county in which the offense was committed. Rev. Stat., ch. 45, § 92; C. & M. Dig., § 2873; Pope's Dig., § 3689; A.S.A. 1947, § 43-1418.

When any offense may have been committed within this state on board any steamboat, flatboat, keelboat, or other vessel in the course of any voyage or trip, an indictment for the offense may be found and a trial and conviction on the offense had in any county through which or any part of which the boat or vessel passed in the course of the same voyage or trip, and with like effect as in the county in which the offense was committed.

Rev. Stat., ch. 45, § 92; C. & M. Dig., § 2873; Pope's Dig., § 3689; A.S.A. 1947, § 43-1418.
Ark. Code Ann. § 16-13-3106 — AR Code / Title 16 / Chapter 13 / Subchapter 31 / Section 16-13-3106
Bailiffs
Status: in_force

(a) (1) The circuit-chancery judges of the Twenty-second Judicial District may each appoint so many court bailiffs as the quorum courts of the district shall fund. (2) The circuit-chancery judges of the Seventh Judicial District may each appoint so many court bailiffs as the quorum court of the district shall fund. (b) (1) The duties of the bailiffs shall include: (A) Their attendance in their respective courts when court is in session and the supervision and maintenance of order in their respective courtrooms; (B) Providing security for criminal defendants, juries, and judges; and (C) Other incidental and related duties at the direction of the respective judges. (2) When acting within the scope of their duties as court bailiffs, the bailiffs shall exercise all the powers of a deputy sheriff, which shall include the power to make arrests, carry a weapon, and serve summonses, and may maintain law enforcement certification existing or acquired during their service as bailiffs. Acts 1997, No. 827, § 6; 1999, No. 7, § 6.

(a) (1) The circuit-chancery judges of the Twenty-second Judicial District may each appoint so many court bailiffs as the quorum courts of the district shall fund. (2) The circuit-chancery judges of the Seventh Judicial District may each appoint so many court bailiffs as the quorum court of the district shall fund.

(1) The circuit-chancery judges of the Twenty-second Judicial District may each appoint so many court bailiffs as the quorum courts of the district shall fund.

(2) The circuit-chancery judges of the Seventh Judicial District may each appoint so many court bailiffs as the quorum court of the district shall fund.

(b) (1) The duties of the bailiffs shall include: (A) Their attendance in their respective courts when court is in session and the supervision and maintenance of order in their respective courtrooms; (B) Providing security for criminal defendants, juries, and judges; and (C) Other incidental and related duties at the direction of the respective judges. (2) When acting within the scope of their duties as court bailiffs, the bailiffs shall exercise all the powers of a deputy sheriff, which shall include the power to make arrests, carry a weapon, and serve summonses, and may maintain law enforcement certification existing or acquired during their service as bailiffs.

(1) The duties of the bailiffs shall include: (A) Their attendance in their respective courts when court is in session and the supervision and maintenance of order in their respective courtrooms; (B) Providing security for criminal defendants, juries, and judges; and (C) Other incidental and related duties at the direction of the respective judges.

(A) Their attendance in their respective courts when court is in session and the supervision and maintenance of order in their respective courtrooms;

(B) Providing security for criminal defendants, juries, and judges; and

(C) Other incidental and related duties at the direction of the respective judges.

(2) When acting within the scope of their duties as court bailiffs, the bailiffs shall exercise all the powers of a deputy sheriff, which shall include the power to make arrests, carry a weapon, and serve summonses, and may maintain law enforcement certification existing or acquired during their service as bailiffs.

Acts 1997, No. 827, § 6; 1999, No. 7, § 6.
Ark. Code Ann. § 16-21-1903 — AR Code / Title 16 / Chapter 21 / Subchapter 19 / Section 16-21-1903
Contingent expense allowance
Status: in_force

The contingent expenses of the Prosecuting Attorney for the Fourteenth Judicial District shall be limited to the sum of seven thousand eight hundred dollars ($7,800) per annum, to be paid quarterly and to be borne by the counties of the district as follows: (1) Baxter County ............... (36% by population) ............... $2,808; (2) Boone County ............... (36% by population) ............... 2,808; (3) Marion County ............... (16% by population) ............... 1,248; and (4) Newton County ............... (12% by population) ............... 936. Acts 1977, No. 950, § 1; 1979, No. 457, § 1; 1981, No. 952, § 1; A.S.A. 1947, § 24-114.1.

The contingent expenses of the Prosecuting Attorney for the Fourteenth Judicial District shall be limited to the sum of seven thousand eight hundred dollars ($7,800) per annum, to be paid quarterly and to be borne by the counties of the district as follows:

(1) Baxter County ............... (36% by population) ............... $2,808;

(2) Boone County ............... (36% by population) ............... 2,808;

(3) Marion County ............... (16% by population) ............... 1,248; and

(4) Newton County ............... (12% by population) ............... 936.

Acts 1977, No. 950, § 1; 1979, No. 457, § 1; 1981, No. 952, § 1; A.S.A. 1947, § 24-114.1.
Ark. Code Ann. § 16-91-117 — AR Code / Title 16 / Chapter 91 / Subchapter 1 / Section 16-91-117
Supreme Court's decisions binding
Status: in_force

The decisions of the Supreme Court shall be obligatory on the circuit courts as being the correct expositions of the law. Crim. Code, § 337; C. & M. Dig., § 3417; Pope's Dig., § 4260; A.S.A. 1947, § 43-2729.

The decisions of the Supreme Court shall be obligatory on the circuit courts as being the correct expositions of the law.

Crim. Code, § 337; C. & M. Dig., § 3417; Pope's Dig., § 4260; A.S.A. 1947, § 43-2729.
Ark. Code Ann. § 16-10-119 — AR Code / Title 16 / Chapter 10 / Subchapter 1 / Section 16-10-119
Travel expenses of judges
Status: in_force

(a) From the appropriation provided to the Auditor of State for trial judges' expenses, a circuit court judge or a district court judge is authorized to be reimbursed for travel expenses at the rate authorized for state employees and for mileage at the rate established in the state travel rules for state employees while traveling within the state in the performance of his or her official duties. (b) When a circuit court judge or a district court judge is appointed by the Chief Justice to hear a case or cases in a jurisdiction outside of that in which he or she has been elected, he or she shall be entitled to reimbursement for travel expenses and mileage as provided in subsection (a) of this section. Amended by Act 2021, No. 818,§ 1, eff. 7/28/2021. Amended by Act 2019, No. 315,§ 1291, eff. 7/24/2019. Acts 1993, No. 4, § 7; 1995, No. 3, § 5; 1997, No. 496, § 1; 2011, No. 274, § 2.

(a) From the appropriation provided to the Auditor of State for trial judges' expenses, a circuit court judge or a district court judge is authorized to be reimbursed for travel expenses at the rate authorized for state employees and for mileage at the rate established in the state travel rules for state employees while traveling within the state in the performance of his or her official duties.

(b) When a circuit court judge or a district court judge is appointed by the Chief Justice to hear a case or cases in a jurisdiction outside of that in which he or she has been elected, he or she shall be entitled to reimbursement for travel expenses and mileage as provided in subsection (a) of this section.

Amended by Act 2021, No. 818,§ 1, eff. 7/28/2021.

Amended by Act 2019, No. 315,§ 1291, eff. 7/24/2019.

Acts 1993, No. 4, § 7; 1995, No. 3, § 5; 1997, No. 496, § 1; 2011, No. 274, § 2.
Ark. Code Ann. § 16-21-142 — AR Code / Title 16 / Chapter 21 / Subchapter 1 / Section 16-21-142
The Eighteenth Judicial District-West
Status: in_force

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

The Eighteenth Judicial District-West shall be a Division A Judicial District.

Acts 1993, No. 1306, § 1.
Ark. Code Ann. § 16-90-301 — AR Code / Title 16 / Chapter 90 / Subchapter 3 / Section 16-90-301
Legislative determination
Status: in_force

The General Assembly recognizes that many innocent persons suffer injury, death, property damage, and resultant financial hardship because of crimes committed in this state and that there is a genuine need in this state to establish a method whereby the responsible offender, as far as practicable, may be required to make restitution to his or her victim so as to make that victim whole with respect to the financial injury suffered. Acts 1981, No. 704, § 1; A.S.A. 1947, § 43-2350.

The General Assembly recognizes that many innocent persons suffer injury, death, property damage, and resultant financial hardship because of crimes committed in this state and that there is a genuine need in this state to establish a method whereby the responsible offender, as far as practicable, may be required to make restitution to his or her victim so as to make that victim whole with respect to the financial injury suffered.

Acts 1981, No. 704, § 1; A.S.A. 1947, § 43-2350.
Ark. Code Ann. § 16-123-503 — AR Code / Title 16 / Chapter 123 / Subchapter 5 / Section 16-123-503
Construction
Status: in_force

(a) This subchapter does not diminish or infringe upon any right protected under the First Amendment to the United States Constitution or the Arkansas Constitution. (b) This subchapter shall not be construed to conflict with federal law or state law concerning discrimination. Added by Act 2023, No. 126,§ 1, eff. 8/1/2023.

(a) This subchapter does not diminish or infringe upon any right protected under the First Amendment to the United States Constitution or the Arkansas Constitution.

(b) This subchapter shall not be construed to conflict with federal law or state law concerning discrimination.

Added by Act 2023, No. 126,§ 1, eff. 8/1/2023.
Ark. Code Ann. § 16-19-705 — AR Code / Title 16 / Chapter 19 / Subchapter 7 / Section 16-19-705
[Repealed]
Status: repealed

Repealed by Act 2021, No. 475,§ 15, eff. 7/28/2021. Acts 1873, No. 135, § 40, p. 430; C. & M. Dig., § 6448; Pope's Dig., § 8410; A.S.A. 1947, § 26-806.

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

Acts 1873, No. 135, § 40, p. 430; C. & M. Dig., § 6448; Pope's Dig., § 8410; A.S.A. 1947, § 26-806.
Ark. Code Ann. § 16-67-305 — AR Code / Title 16 / Chapter 67 / Subchapter 3 / Section 16-67-305
[Repealed]
Status: repealed

Repealed by Act 2013, No. 1148,§ 55, eff. 8/16/2013. Rev. Stat., ch. 117, § 5; C. & M. Dig., § 2143; Pope's Dig., § 2749; A.S.A. 1947, § 27-2109.

Repealed by Act 2013, No. 1148,§ 55, eff. 8/16/2013.

Rev. Stat., ch. 117, § 5; C. & M. Dig., § 2143; Pope's Dig., § 2749; A.S.A. 1947, § 27-2109.
Ark. Code Ann. § 16-10-117 — AR Code / Title 16 / Chapter 10 / Subchapter 1 / Section 16-10-117
Judge temporarily assigned in district - Jury list
Status: in_force

A judge assigned pursuant to § 16-10-101 on a temporary basis to a judicial district other than his or her own may share by concurrence with the judge of any division of the circuit court within that district the division's set of commissioners, jury wheel or box, list of jurors, and panel of jurors. Acts 1971, No. 536, § 1; A.S.A. 1947, § 22-142.1.

A judge assigned pursuant to § 16-10-101 on a temporary basis to a judicial district other than his or her own may share by concurrence with the judge of any division of the circuit court within that district the division's set of commissioners, jury wheel or box, list of jurors, and panel of jurors.

Acts 1971, No. 536, § 1; A.S.A. 1947, § 22-142.1.
Ark. Code Ann. § 16-93-208 — AR Code / Title 16 / Chapter 93 / Subchapter 2 / Section 16-93-208
Services and equipment
Status: in_force

The Division of Correction and the Division of Community Correction may provide services, furnishings, equipment, and office space to assist the Post-Prison Transfer Board in fulfilling the purposes for which the board was created by law. Amended by Act 2023, No. 659,§ 173, eff. 1/1/2024. Amended by Act 2019, No. 910,§ 891, eff. 7/1/2019. Acts 1995, No. 195, § 3.

The Division of Correction and the Division of Community Correction may provide services, furnishings, equipment, and office space to assist the Post-Prison Transfer Board in fulfilling the purposes for which the board was created by law.

Amended by Act 2023, No. 659,§ 173, eff. 1/1/2024.

Amended by Act 2019, No. 910,§ 891, eff. 7/1/2019.

Acts 1995, No. 195, § 3.
Ark. Code Ann. § 16-17-1109 — AR Code / Title 16 / Chapter 17 / Subchapter 11 / Section 16-17-1109
Jurisdiction
Status: in_force

(a) (1) State district courts are courts of limited jurisdiction with criminal jurisdiction as defined by the General Assembly and by Arkansas Constitution, Amendment 80, § 7, and civil jurisdiction as defined by the Supreme Court. (2) State district courts may be given greater criminal and civil jurisdiction than that provided for local district courts, subject to the provisions of Arkansas Constitution, Amendment 80, §§ 7 and 10. (b) Under rules prescribed by the Supreme Court, a state district court judge may hear cases filed in the circuit court that arise within the territorial jurisdiction of the state district court judge. (c) (1) Under rules prescribed by the Supreme Court, a state district court judge may be assigned by the Chief Justice to hear cases outside the territorial jurisdiction of the court. (2) When assigned, the state district court judge is entitled to the reimbursement of travel expenses under § 16-17-1108 . Acts 2011, No. 1219, § 8.

(a) (1) State district courts are courts of limited jurisdiction with criminal jurisdiction as defined by the General Assembly and by Arkansas Constitution, Amendment 80, § 7, and civil jurisdiction as defined by the Supreme Court. (2) State district courts may be given greater criminal and civil jurisdiction than that provided for local district courts, subject to the provisions of Arkansas Constitution, Amendment 80, §§ 7 and 10.

(1) State district courts are courts of limited jurisdiction with criminal jurisdiction as defined by the General Assembly and by Arkansas Constitution, Amendment 80, § 7, and civil jurisdiction as defined by the Supreme Court.

(2) State district courts may be given greater criminal and civil jurisdiction than that provided for local district courts, subject to the provisions of Arkansas Constitution, Amendment 80, §§ 7 and 10.

(b) Under rules prescribed by the Supreme Court, a state district court judge may hear cases filed in the circuit court that arise within the territorial jurisdiction of the state district court judge.

(c) (1) Under rules prescribed by the Supreme Court, a state district court judge may be assigned by the Chief Justice to hear cases outside the territorial jurisdiction of the court. (2) When assigned, the state district court judge is entitled to the reimbursement of travel expenses under § 16-17-1108 .

(1) Under rules prescribed by the Supreme Court, a state district court judge may be assigned by the Chief Justice to hear cases outside the territorial jurisdiction of the court.

(2) When assigned, the state district court judge is entitled to the reimbursement of travel expenses under § 16-17-1108 .

Acts 2011, No. 1219, § 8.
Ark. Code Ann. § 16-13-1414 — AR Code / Title 16 / Chapter 13 / Subchapter 14 / Section 16-13-1414
Circuit court presentence officers
Status: in_force

(a) The circuit judges of the First, Fourth, and Fifth Divisions of the Sixth Judicial District may appoint one (1) presentence officer. (b) The duties of the presentence officer shall include the investigation of defendants and the making of such reports to the circuit court as it deems desirable as to the past conduct of any defendant that appears before the court. (c) The salary of the presentence officer shall be fifteen thousand dollars ($15,000) per calendar year, which salary shall be paid by Pulaski County. (d) (1) The salaries of the presentence officer set by this section and by county ordinance shall be amended to provide for an increase of the minimum salaries of four percent (4%) as of July 10, 1987; another increase of four percent (4%) beginning December 26, 1987; and another increase of four percent (4%) beginning December 24, 1988, unless a higher salary is provided by any other legislative act or county ordinance. (2) All of the salaries shall be paid by Pulaski County. All of the salaries shall be paid bi-weekly by Pulaski County. (3) When the county quorum court raises salaries for county employees, it shall also raise salaries an equivalent amount for the employees provided for in this subsection. (4) The employees covered by this subsection shall be treated by Pulaski County in the same manner as other Pulaski County employees for all other purposes. Acts 1985, No. 336, §§ 17-19; A.S.A. 1947, § 22-310n; Acts 1989, No. 286, §§ 3, 12-14.

(a) The circuit judges of the First, Fourth, and Fifth Divisions of the Sixth Judicial District may appoint one (1) presentence officer.

(b) The duties of the presentence officer shall include the investigation of defendants and the making of such reports to the circuit court as it deems desirable as to the past conduct of any defendant that appears before the court.

(c) The salary of the presentence officer shall be fifteen thousand dollars ($15,000) per calendar year, which salary shall be paid by Pulaski County.

(d) (1) The salaries of the presentence officer set by this section and by county ordinance shall be amended to provide for an increase of the minimum salaries of four percent (4%) as of July 10, 1987; another increase of four percent (4%) beginning December 26, 1987; and another increase of four percent (4%) beginning December 24, 1988, unless a higher salary is provided by any other legislative act or county ordinance. (2) All of the salaries shall be paid by Pulaski County. All of the salaries shall be paid bi-weekly by Pulaski County. (3) When the county quorum court raises salaries for county employees, it shall also raise salaries an equivalent amount for the employees provided for in this subsection. (4) The employees covered by this subsection shall be treated by Pulaski County in the same manner as other Pulaski County employees for all other purposes.

(1) The salaries of the presentence officer set by this section and by county ordinance shall be amended to provide for an increase of the minimum salaries of four percent (4%) as of July 10, 1987; another increase of four percent (4%) beginning December 26, 1987; and another increase of four percent (4%) beginning December 24, 1988, unless a higher salary is provided by any other legislative act or county ordinance.

(2) All of the salaries shall be paid by Pulaski County. All of the salaries shall be paid bi-weekly by Pulaski County.

(3) When the county quorum court raises salaries for county employees, it shall also raise salaries an equivalent amount for the employees provided for in this subsection.

(4) The employees covered by this subsection shall be treated by Pulaski County in the same manner as other Pulaski County employees for all other purposes.

Acts 1985, No. 336, §§ 17-19; A.S.A. 1947, § 22-310n; Acts 1989, No. 286, §§ 3, 12-14.
Ark. Code Ann. § 16-117-210 — AR Code / Title 16 / Chapter 117 / Subchapter 2 / Section 16-117-210
Removal
Status: in_force

Receivers and others appointed who are subject to the provisions of §§ 16-117-203 , 16-117-205 , 16-117-206 , and 16-117-209 , and this section, may be removed at any time by the court when it satisfactorily appears that they have failed to discharge any duty incumbent on them or for other sufficient cause. This may be done upon the motion of any person interested either as party, creditor, or otherwise. Acts 1857, § 10, p. 164; C. & M. Dig., § 8609; Pope's Dig., § 11187; A.S.A. 1947, § 36-110; Acts 2003, No. 1185, § 237.

Receivers and others appointed who are subject to the provisions of §§ 16-117-203 , 16-117-205 , 16-117-206 , and 16-117-209 , and this section, may be removed at any time by the court when it satisfactorily appears that they have failed to discharge any duty incumbent on them or for other sufficient cause. This may be done upon the motion of any person interested either as party, creditor, or otherwise.

Acts 1857, § 10, p. 164; C. & M. Dig., § 8609; Pope's Dig., § 11187; A.S.A. 1947, § 36-110; Acts 2003, No. 1185, § 237.
Ark. Code Ann. § 16-19-1005 — AR Code / Title 16 / Chapter 19 / Subchapter 10 / Section 16-19-1005
[Repealed]
Status: repealed

Repealed by Act 2021, No. 475,§ 15, eff. 7/28/2021. Acts 1873, No. 135, § 77, p. 430; C. & M. Dig., § 6484; Pope's Dig., § 8446; A.S.A. 1947, § 26-1104.

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

Acts 1873, No. 135, § 77, p. 430; C. & M. Dig., § 6484; Pope's Dig., § 8446; A.S.A. 1947, § 26-1104.
Ark. Code Ann. § 16-47-202 — AR Code / Title 16 / Chapter 47 / Subchapter 2 / Section 16-47-202
Officials authorized to take within the state
Status: in_force

The acknowledgment of any instrument may be made in this state before: (1) A judge of a court of record or before any former judge of a court of record who served at least four (4) or more years; (2) A clerk of any court of record; (3) A commissioner or registrar or recorder of deeds; (4) A notary public; (5) A justice of the peace; or (6) A master in chancery or registrar in chancery. Acts 1943, No. 169, § 2; 1983, No. 850, § 3; A.S.A. 1947, § 49-102.

The acknowledgment of any instrument may be made in this state before:

(1) A judge of a court of record or before any former judge of a court of record who served at least four (4) or more years;

(2) A clerk of any court of record;

(3) A commissioner or registrar or recorder of deeds;

(4) A notary public;

(5) A justice of the peace; or

(6) A master in chancery or registrar in chancery.

Acts 1943, No. 169, § 2; 1983, No. 850, § 3; A.S.A. 1947, § 49-102.
Ark. Code Ann. § 16-46-208 — AR Code / Title 16 / Chapter 46 / Subchapter 2 / Section 16-46-208
[Repealed]
Status: repealed

Repealed by Act 2013, No. 1148,§ 15, eff. 8/16/2013. Rev. Stat., ch. 59, § 14; C. & M. Dig., § 4133; Pope's Dig., § 5142; A.S.A. 1947, § 28-915.

Repealed by Act 2013, No. 1148,§ 15, eff. 8/16/2013.

Rev. Stat., ch. 59, § 14; C. & M. Dig., § 4133; Pope's Dig., § 5142; A.S.A. 1947, § 28-915.
Ark. Code Ann. § 16-21-104 — AR Code / Title 16 / Chapter 21 / Subchapter 1 / Section 16-21-104
Summoning witnesses before grand jury
Status: in_force

It shall be the duty of each prosecuting attorney, whenever he has information of the commission of any offense against the criminal and penal laws of this state or has reason to believe that any offense has been committed, to cause to be summoned all persons that he may think necessary to testify before the grand jury in relation to the offense. Rev. Stat., ch. 16, § 11; C. & M. Dig., § 8318; Pope's Dig., § 10895; A.S.A. 1947, § 24-102.

It shall be the duty of each prosecuting attorney, whenever he has information of the commission of any offense against the criminal and penal laws of this state or has reason to believe that any offense has been committed, to cause to be summoned all persons that he may think necessary to testify before the grand jury in relation to the offense.

Rev. Stat., ch. 16, § 11; C. & M. Dig., § 8318; Pope's Dig., § 10895; A.S.A. 1947, § 24-102.
Ark. Code Ann. § 16-17-946 — AR Code / Title 16 / Chapter 17 / Subchapter 9 / Section 16-17-946
Izard County District Court
Status: in_force

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

(a) (1) Izard County shall have one (1) district court with two (2) departments: (A) One (1) located in Melbourne; and (B) One (1) located in Horseshoe Bend. (2) Both departments are to be served by one (1) judge.

(1) Izard County shall have one (1) district court with two (2) departments: (A) One (1) located in Melbourne; and (B) One (1) located in Horseshoe Bend.

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

(B) One (1) located in Horseshoe Bend.

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

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

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

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

Acts 2007, No. 663, § 51.
Ark. Code Ann. § 16-58-129 — AR Code / Title 16 / Chapter 58 / Section 16-58-129
Method of service - Insurance company
Status: in_force

Where the defendant is an incorporated insurance company and the action is in a county in which there is an agency of the company, the service may be upon the chief officer of the agency. Civil Code, § 71; C. & M. Dig., § 1150; Pope's Dig., § 1367; A.S.A. 1947, § 27-353.

Where the defendant is an incorporated insurance company and the action is in a county in which there is an agency of the company, the service may be upon the chief officer of the agency.

Civil Code, § 71; C. & M. Dig., § 1150; Pope's Dig., § 1367; A.S.A. 1947, § 27-353.
Ark. Code Ann. § 16-43-601 — AR Code / Title 16 / Chapter 43 / Subchapter 6 / Section 16-43-601
Definitions
Status: in_force

As used in this subchapter, unless the context otherwise requires: (1) "Court" means the circuit court for the judicial district of this state in which the proceeding is or may be held; (2) "Grand jury" means any grand jury impaneled in accordance with the laws of this state; (3) "Prosecuting attorney" means the prosecuting attorney for the judicial district of this state in which the proceeding is or may be held and includes his duly appointed deputies. Acts 1973, No. 561, § 1; A.S.A. 1947, § 28-531.

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

(1) "Court" means the circuit court for the judicial district of this state in which the proceeding is or may be held;

(2) "Grand jury" means any grand jury impaneled in accordance with the laws of this state;

(3) "Prosecuting attorney" means the prosecuting attorney for the judicial district of this state in which the proceeding is or may be held and includes his duly appointed deputies.

Acts 1973, No. 561, § 1; A.S.A. 1947, § 28-531.
Ark. Code Ann. § 16-94-207 — AR Code / Title 16 / Chapter 94 / Subchapter 2 / Section 16-94-207
Governor to sign warrant
Status: in_force

If the Governor shall decide that the demand should be complied with, he or she shall sign a warrant of arrest, which shall be sealed with the state seal, and be directed to a sheriff, marshal, coroner, or other person whom he or she may think fit to entrust with the execution thereof; and the warrant must substantially recite the facts necessary to the validity of its issue. Acts 1935, No. 126, § 7; Pope's Dig., § 6087; A.S.A. 1947, § 43-3007.

If the Governor shall decide that the demand should be complied with, he or she shall sign a warrant of arrest, which shall be sealed with the state seal, and be directed to a sheriff, marshal, coroner, or other person whom he or she may think fit to entrust with the execution thereof; and the warrant must substantially recite the facts necessary to the validity of its issue.

Acts 1935, No. 126, § 7; Pope's Dig., § 6087; A.S.A. 1947, § 43-3007.
Ark. Code Ann. § 16-93-1204 — AR Code / Title 16 / Chapter 93 / Subchapter 12 / Section 16-93-1204
Authorization
Status: in_force

(a) The Board of Corrections shall implement a correctional plan, to be developed in conjunction with the Arkansas Sentencing Commission, which ensures the efficient use of prison beds, which are becoming scarce resources, through the development and expansion of community correction options which will provide supervision, correction, and services to a primary target group of nonviolent offenders who would otherwise have been eligible for and likely to be sentenced to traditional incarceration. (b) The community correction target group shall consist of those offenders: (1) Who are involved in less serious criminal activity or are nonviolent by nature and crime, or both, even though the offender and the offense may be repetitive; (2) Who are technical violators of community supervision; and (3) Who are returning to the community from incarceration who are in need of enhanced supervision options due to the nature of their criminal conviction. Acts 1993, No. 531, §§ 1, 2; 1993, No. 548, §§ 1, 2; 2005, No. 1994, § 287.

(a) The Board of Corrections shall implement a correctional plan, to be developed in conjunction with the Arkansas Sentencing Commission, which ensures the efficient use of prison beds, which are becoming scarce resources, through the development and expansion of community correction options which will provide supervision, correction, and services to a primary target group of nonviolent offenders who would otherwise have been eligible for and likely to be sentenced to traditional incarceration.

(b) The community correction target group shall consist of those offenders: (1) Who are involved in less serious criminal activity or are nonviolent by nature and crime, or both, even though the offender and the offense may be repetitive; (2) Who are technical violators of community supervision; and (3) Who are returning to the community from incarceration who are in need of enhanced supervision options due to the nature of their criminal conviction.

(1) Who are involved in less serious criminal activity or are nonviolent by nature and crime, or both, even though the offender and the offense may be repetitive;

(2) Who are technical violators of community supervision; and

(3) Who are returning to the community from incarceration who are in need of enhanced supervision options due to the nature of their criminal conviction.

Acts 1993, No. 531, §§ 1, 2; 1993, No. 548, §§ 1, 2; 2005, No. 1994, § 287.
Ark. Code Ann. § 16-21-2003 — AR Code / Title 16 / Chapter 21 / Subchapter 20 / Section 16-21-2003
Prosecutor's fees - Collection, payment, and settlement - Penalty for noncompliance
Status: in_force

(a) In all counties of the Fifteenth Judicial District, the justices of the peace, municipal courts, circuit courts, and other courts shall assess in all cases the prosecuting attorney's fee provided by law. (b) At the end of each calendar month and within five (5) days thereafter, the officer collecting the fees shall pay the fees to the treasury of the county, except as otherwise provided in this subchapter, and shall receive from the treasurer his receipt in duplicate, one (1) copy of which shall be filed with the county clerk, the other copy kept by the officer or person making the settlement with the treasurer. (c) Any officer or person having in his hands any such fees who fails to settle with the county treasurer within the time and the manner provided for in this section shall be subject to indictment, prosecution, and punishment for embezzlement. Acts 1981, No. 298, § 4; A.S.A. 1947, § 24-114.11c.

(a) In all counties of the Fifteenth Judicial District, the justices of the peace, municipal courts, circuit courts, and other courts shall assess in all cases the prosecuting attorney's fee provided by law.

(b) At the end of each calendar month and within five (5) days thereafter, the officer collecting the fees shall pay the fees to the treasury of the county, except as otherwise provided in this subchapter, and shall receive from the treasurer his receipt in duplicate, one (1) copy of which shall be filed with the county clerk, the other copy kept by the officer or person making the settlement with the treasurer.

(c) Any officer or person having in his hands any such fees who fails to settle with the county treasurer within the time and the manner provided for in this section shall be subject to indictment, prosecution, and punishment for embezzlement.

Acts 1981, No. 298, § 4; A.S.A. 1947, § 24-114.11c.
Ark. Code Ann. § 16-88-105 — AR Code / Title 16 / Chapter 88 / Subchapter 1 / Section 16-88-105
Territorial jurisdiction of certain courts generally
Status: in_force

(a) The jurisdiction of the Senate and Supreme Court embraces the whole state. (b) The local jurisdiction of circuit courts shall be of offenses committed within the respective counties in which they are held. (c) The local jurisdiction of district courts shall be of offenses committed within the limits of the jurisdiction of the courts, as prescribed by the statutes creating or regulating them. Crim. Code, §;§; 14-16; C. & M. Dig., §;§; 2864-2866; Pope's Dig., §;§; 3680-3682; A.S.A. 1947, §;§; 43-1407 -- 43-1409; Acts 2007, No. 663, §; 54.

(a) The jurisdiction of the Senate and Supreme Court embraces the whole state.

(b) The local jurisdiction of circuit courts shall be of offenses committed within the respective counties in which they are held.

(c) The local jurisdiction of district courts shall be of offenses committed within the limits of the jurisdiction of the courts, as prescribed by the statutes creating or regulating them.

Crim. Code, §;§; 14-16; C. & M. Dig., §;§; 2864-2866; Pope's Dig., §;§; 3680-3682; A.S.A. 1947, §;§; 43-1407 -- 43-1409; Acts 2007, No. 663, §; 54.
Ark. Code Ann. § 16-112-206 — AR Code / Title 16 / Chapter 112 / Subchapter 2 / Section 16-112-206
Appeals
Status: in_force

(a) The appealing party, within thirty (30) calendar days after the entry of the order, shall file a notice of appeal if the party wishes to appeal. (b) (1) If the appeal is by the petitioner, the service shall be on the prosecuting attorney and the Attorney General. (2) If the appeal is by the state, the service shall be on the petitioner or the petitioner's attorney. (c) No fees or bond for costs shall be required for the appeal. Acts 2001, No. 1780, § 9.

(a) The appealing party, within thirty (30) calendar days after the entry of the order, shall file a notice of appeal if the party wishes to appeal.

(b) (1) If the appeal is by the petitioner, the service shall be on the prosecuting attorney and the Attorney General. (2) If the appeal is by the state, the service shall be on the petitioner or the petitioner's attorney.

(1) If the appeal is by the petitioner, the service shall be on the prosecuting attorney and the Attorney General.

(2) If the appeal is by the state, the service shall be on the petitioner or the petitioner's attorney.

(c) No fees or bond for costs shall be required for the appeal.

Acts 2001, No. 1780, § 9.
Ark. Code Ann. § 16-43-208 — AR Code / Title 16 / Chapter 43 / Subchapter 2 / Section 16-43-208
Criminal proceedings - Subpoenas for witnesses generally
Status: in_force

(a) The clerk of the court, upon request of the prosecuting attorney or upon request of the defendant or his attorney, shall issue subpoenas for witnesses. (b) The state shall have the right to subpoena at the expense of the county six (6) witnesses if the charge is a misdemeanor and twelve (12) witnesses if it is a felony less than a capital offense. The defendant shall have the right to subpoenas at the expense of the county for six (6) witnesses in misdemeanor and twelve (12) witnesses in felony cases less than capital. There shall be no limit upon the number of witnesses who may be subpoenaed at the expense of the county in capital cases. (c) Either party shall have the right to recall subpoenas before service and substitute the names of other witnesses for those for whom subpoenas were originally issued. (d) Neither side shall in any event have at the expense of the county more than six (6) character witnesses in any type of case, capital or otherwise. Crim. Code, § 151; C. & M. Dig., § 3109; Init. Meas. 1936, No. 3, § 34, Acts 1937, p. 1384; Pope's Dig., § 3939; A.S.A. 1947, § 43-2001.

(a) The clerk of the court, upon request of the prosecuting attorney or upon request of the defendant or his attorney, shall issue subpoenas for witnesses.

(b) The state shall have the right to subpoena at the expense of the county six (6) witnesses if the charge is a misdemeanor and twelve (12) witnesses if it is a felony less than a capital offense. The defendant shall have the right to subpoenas at the expense of the county for six (6) witnesses in misdemeanor and twelve (12) witnesses in felony cases less than capital. There shall be no limit upon the number of witnesses who may be subpoenaed at the expense of the county in capital cases.

(c) Either party shall have the right to recall subpoenas before service and substitute the names of other witnesses for those for whom subpoenas were originally issued.

(d) Neither side shall in any event have at the expense of the county more than six (6) character witnesses in any type of case, capital or otherwise.

Crim. Code, § 151; C. & M. Dig., § 3109; Init. Meas. 1936, No. 3, § 34, Acts 1937, p. 1384; Pope's Dig., § 3939; A.S.A. 1947, § 43-2001.
Ark. Code Ann. § 16-13-2805 — AR Code / Title 16 / Chapter 13 / Subchapter 28 / Section 16-13-2805
Case coordinators
Status: in_force

(a) Hereafter, each of the judges of the Twentieth Judicial District shall be empowered and directed to employ a case coordinator, whose duties shall be the maintenance of the court calendar, setting dates for trial of cases and for hearing of motions, and other related and incidental duties as directed by said judges. (b) The case coordinators shall be appointed by the judges of the Twentieth Judicial District, one (1) for each court, and shall serve at the will of the respective judge. Acts 1989, No. 802, §§ 1-3; 1993, No. 131, § 2.

(a) Hereafter, each of the judges of the Twentieth Judicial District shall be empowered and directed to employ a case coordinator, whose duties shall be the maintenance of the court calendar, setting dates for trial of cases and for hearing of motions, and other related and incidental duties as directed by said judges.

(b) The case coordinators shall be appointed by the judges of the Twentieth Judicial District, one (1) for each court, and shall serve at the will of the respective judge.

Acts 1989, No. 802, §§ 1-3; 1993, No. 131, § 2.
Ark. Code Ann. § 16-43-102 — AR Code / Title 16 / Chapter 43 / Subchapter 1 / Section 16-43-102
Privilege from arrest while serving as witness
Status: in_force

All witnesses shall be privileged from arrest in all cases except treason, felony, or breach of the peace during their attendance on any court where their attendance is required by subpoena, and going to and returning from the place where they may be required to appear to testify, allowing one (1) day for every twenty-five (25) miles from their residence. Rev. Stat., ch. 158, § 10; C. & M. Dig., § 4159; Pope's Dig., § 5169; A.S.A. 1947, § 28-522.

All witnesses shall be privileged from arrest in all cases except treason, felony, or breach of the peace during their attendance on any court where their attendance is required by subpoena, and going to and returning from the place where they may be required to appear to testify, allowing one (1) day for every twenty-five (25) miles from their residence.

Rev. Stat., ch. 158, § 10; C. & M. Dig., § 4159; Pope's Dig., § 5169; A.S.A. 1947, § 28-522.
Ark. Code Ann. § 16-4-108 — AR Code / Title 16 / Chapter 4 / Section 16-4-108
Short title
Status: in_force

This chapter may be cited as the "Uniform Interstate and International Procedure Act". Acts 1963, No. 101, § 8; A.S.A. 1947, § 27-2501.

This chapter may be cited as the "Uniform Interstate and International Procedure Act".

Acts 1963, No. 101, § 8; A.S.A. 1947, § 27-2501.
Ark. Code Ann. § 16-93-1902 — AR Code / Title 16 / Chapter 93 / Subchapter 19 / Section 16-93-1902
Definitions
Status: in_force

As used in this subchapter: (1) "Community supervision officer" means an employee of the Division of Community Correction who is tasked with the supervision of offenders released to post-release supervision or persons who otherwise fall under the supervisory authority of the Division of Community Correction; (2) "Eligible inmate" means an inmate eligible for post-release supervision; (3) "Felony ineligible for earned release credits" means the same as defined in § 16-93-1802 ; (4) "Offender" means a person transferred to post-release supervision; (5) "Post-release supervision" means a period of community supervision for an offender after his or her release from incarceration; and (6) "Restricted release felony" means the same as defined in § 16-93-1802 . Added by Act 2023, No. 659,§ 2, eff. 1/1/2024.

As used in this subchapter:

(1) "Community supervision officer" means an employee of the Division of Community Correction who is tasked with the supervision of offenders released to post-release supervision or persons who otherwise fall under the supervisory authority of the Division of Community Correction;

(2) "Eligible inmate" means an inmate eligible for post-release supervision;

(3) "Felony ineligible for earned release credits" means the same as defined in § 16-93-1802 ;

(4) "Offender" means a person transferred to post-release supervision;

(5) "Post-release supervision" means a period of community supervision for an offender after his or her release from incarceration; and

(6) "Restricted release felony" means the same as defined in § 16-93-1802 .

Added by Act 2023, No. 659,§ 2, eff. 1/1/2024.
Ark. Code Ann. § 16-117-303 — AR Code / Title 16 / Chapter 117 / Subchapter 3 / Section 16-117-303
List of creditors furnished - Notice
Status: in_force

The debtor shall furnish the names and addresses of his or her creditors, who shall be notified by mail and also by order of publication of the filing of the complaint. Acts 1897 (Ex. Sess.), No. 48, § 3, p. 115; C. & M. Dig., § 5887; Pope's Dig., § 7609; A.S.A. 1947, § 36-203.

The debtor shall furnish the names and addresses of his or her creditors, who shall be notified by mail and also by order of publication of the filing of the complaint.

Acts 1897 (Ex. Sess.), No. 48, § 3, p. 115; C. & M. Dig., § 5887; Pope's Dig., § 7609; A.S.A. 1947, § 36-203.
Ark. Code Ann. § 16-90-122 — AR Code / Title 16 / Chapter 90 / Subchapter 1 / Section 16-90-122
Post-conviction release of nonviolent offenders
Status: in_force

(a) Except as provided in subsection (b) of this section, any circuit judge may authorize the temporary release of an offender in the county sheriff's custody who has: (1) Been found guilty of or pleaded guilty or nolo contendere to a nonviolent felony offense in circuit court; and (2) Been sentenced to a term of imprisonment and committed to the Division of Correction or the Division of Community Correction and is awaiting transfer to the Division of Correction or the Division of Community Correction. (b) A circuit judge shall not authorize the temporary release of an offender under subsection (a) of this section if the offender has been found guilty of or pleaded guilty or nolo contendere to a: (1) Class Y felony offense listed in § 16-93-618 ; or (2) Felony sex offense listed in the definition of "sex offense" in § 12-12-903 . (c) (1) The circuit judge may authorize the release under the terms and conditions that he or she determines are necessary to protect the public and to ensure the offender's return to custody upon notice that bed space is available at the Division of Correction or the Division of Community Correction. (2) The circuit judge may require a cash or professional bond to be posted in an amount suitable to ensure the offender's return to custody. Amended by Act 2019, No. 910,§ 864, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 863, eff. 7/1/2019. Acts 2005, No. 1261, § 1; 2007, No. 279, § 1; 2011, No. 570, § 77.

(a) Except as provided in subsection (b) of this section, any circuit judge may authorize the temporary release of an offender in the county sheriff's custody who has: (1) Been found guilty of or pleaded guilty or nolo contendere to a nonviolent felony offense in circuit court; and (2) Been sentenced to a term of imprisonment and committed to the Division of Correction or the Division of Community Correction and is awaiting transfer to the Division of Correction or the Division of Community Correction.

(1) Been found guilty of or pleaded guilty or nolo contendere to a nonviolent felony offense in circuit court; and

(2) Been sentenced to a term of imprisonment and committed to the Division of Correction or the Division of Community Correction and is awaiting transfer to the Division of Correction or the Division of Community Correction.

(b) A circuit judge shall not authorize the temporary release of an offender under subsection (a) of this section if the offender has been found guilty of or pleaded guilty or nolo contendere to a: (1) Class Y felony offense listed in § 16-93-618 ; or (2) Felony sex offense listed in the definition of "sex offense" in § 12-12-903 .

(1) Class Y felony offense listed in § 16-93-618 ; or

(2) Felony sex offense listed in the definition of "sex offense" in § 12-12-903 .

(c) (1) The circuit judge may authorize the release under the terms and conditions that he or she determines are necessary to protect the public and to ensure the offender's return to custody upon notice that bed space is available at the Division of Correction or the Division of Community Correction. (2) The circuit judge may require a cash or professional bond to be posted in an amount suitable to ensure the offender's return to custody.

(1) The circuit judge may authorize the release under the terms and conditions that he or she determines are necessary to protect the public and to ensure the offender's return to custody upon notice that bed space is available at the Division of Correction or the Division of Community Correction.

(2) The circuit judge may require a cash or professional bond to be posted in an amount suitable to ensure the offender's return to custody.

Amended by Act 2019, No. 910,§ 864, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 863, eff. 7/1/2019.

Acts 2005, No. 1261, § 1; 2007, No. 279, § 1; 2011, No. 570, § 77.
Ark. Code Ann. § 16-2-101 — AR Code / Title 16 / Chapter 2 / Section 16-2-101
Methods of administration
Status: in_force

(a) The usual mode of administering oaths practiced by the person who swears, laying his or her hand on and kissing the Gospels, shall be observed in all cases in which an oath is or may be required by law to be administered, except as otherwise provided in this chapter. (b) Every person who shall desire it shall be permitted to swear with an uplifted hand in the following form: "You do solemnly swear, etc." (c) Every person who shall declare that he or she has conscientious scruples against taking an oath or swearing in any form shall be permitted to make his or her solemn declaration or affirmation in the following form: "You do solemnly and truly declare and affirm". (d) Whenever the court or magistrate by whom any person is about to be sworn, shall be satisfied that the person has any peculiar mode of swearing connected with or in addition to any of the forms mentioned in this section, which mode is more solemn and obligatory in the opinion of the person, the court or magistrate may adopt that mode of swearing. (e) Every person believing in any religion other than the Christian religion shall be sworn according to the peculiar ceremonies of his or her religion, if there are any such ceremonies, instead of any of the other modes prescribed in this section. Rev. Stat., ch. 105, §§ 1-5; C. & M. Dig., §§ 4175-4179; Pope's Dig., §§ 5185-5189; A.S.A. 1947, §§ 40-101 -- 40-105.

(a) The usual mode of administering oaths practiced by the person who swears, laying his or her hand on and kissing the Gospels, shall be observed in all cases in which an oath is or may be required by law to be administered, except as otherwise provided in this chapter.

(b) Every person who shall desire it shall be permitted to swear with an uplifted hand in the following form: "You do solemnly swear, etc."

(c) Every person who shall declare that he or she has conscientious scruples against taking an oath or swearing in any form shall be permitted to make his or her solemn declaration or affirmation in the following form: "You do solemnly and truly declare and affirm".

(d) Whenever the court or magistrate by whom any person is about to be sworn, shall be satisfied that the person has any peculiar mode of swearing connected with or in addition to any of the forms mentioned in this section, which mode is more solemn and obligatory in the opinion of the person, the court or magistrate may adopt that mode of swearing.

(e) Every person believing in any religion other than the Christian religion shall be sworn according to the peculiar ceremonies of his or her religion, if there are any such ceremonies, instead of any of the other modes prescribed in this section.

Rev. Stat., ch. 105, §§ 1-5; C. & M. Dig., §§ 4175-4179; Pope's Dig., §§ 5185-5189; A.S.A. 1947, §§ 40-101 -- 40-105.
Ark. Code Ann. § 16-58-126 — AR Code / Title 16 / Chapter 58 / Section 16-58-126
Method of service - Corporations - Secretary of State
Status: in_force

Whenever process in any suit against a domestic corporation cannot be served in the county of the corporation's domicile upon any officer authorized to be served with process by the laws of the state and this fact is made to appear by the return of the sheriff of the county upon summons directed to the officer, the process may be served on the Secretary of State. He or she shall immediately send the process served on him or her to the corporation at its place of domicile by mail. The service shall be as valid as if served on an officer of the corporation authorized to be served with process. The service shall date from the time of service upon the Secretary of State. Acts 1915, No. 290, § 22; C. & M. Dig., § 1148; Pope's Dig., § 1364; A.S.A. 1947, § 27-349.

Whenever process in any suit against a domestic corporation cannot be served in the county of the corporation's domicile upon any officer authorized to be served with process by the laws of the state and this fact is made to appear by the return of the sheriff of the county upon summons directed to the officer, the process may be served on the Secretary of State. He or she shall immediately send the process served on him or her to the corporation at its place of domicile by mail. The service shall be as valid as if served on an officer of the corporation authorized to be served with process. The service shall date from the time of service upon the Secretary of State.

Acts 1915, No. 290, § 22; C. & M. Dig., § 1148; Pope's Dig., § 1364; A.S.A. 1947, § 27-349.
Ark. Code Ann. § 16-96-108 — AR Code / Title 16 / Chapter 96 / Subchapter 1 / Section 16-96-108
[Repealed]
Status: repealed

Repealed by Act 2023, No. 177,§ 14, eff. 8/1/2023. Crim. Code, § 302; C. & M. Dig., § 3297; Pope's Dig., § 4145; A.S.A. 1947, § 44-111.

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

Crim. Code, § 302; C. & M. Dig., § 3297; Pope's Dig., § 4145; A.S.A. 1947, § 44-111.
Ark. Code Ann. § 16-17-921 — AR Code / Title 16 / Chapter 17 / Subchapter 9 / Section 16-17-921
[Repealed]
Status: repealed

Repealed by Act 2017, No. 723,§ 1, eff. 8/1/2017. Acts 2003, No. 1727, §; 21; 2007, No. 663, § 49.

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

Acts 2003, No. 1727, §; 21; 2007, No. 663, § 49.
Ark. Code Ann. § 16-94-215 — AR Code / Title 16 / Chapter 94 / Subchapter 2 / Section 16-94-215
Jailing of accused by magistrate
Status: in_force

If from the examination before the judge or magistrate it appears that the person held is the person charged with having committed the crime alleged and that he or she probably committed the crime, and, except in cases arising under § 16-94-206 , that he or she has fled from justice, the judge or magistrate must commit him or her to jail by a warrant reciting the accusation for such a time specified in the warrant as will enable the arrest of the accused to be made under a warrant of the Governor on a requisition of the executive authority of the state having jurisdiction of the offense, unless the accused gives bail as provided in the next section, or until he or she shall be legally discharged. Acts 1935, No. 126, § 15; Pope's Dig., § 6095; A.S.A. 1947, § 43-3015.

If from the examination before the judge or magistrate it appears that the person held is the person charged with having committed the crime alleged and that he or she probably committed the crime, and, except in cases arising under § 16-94-206 , that he or she has fled from justice, the judge or magistrate must commit him or her to jail by a warrant reciting the accusation for such a time specified in the warrant as will enable the arrest of the accused to be made under a warrant of the Governor on a requisition of the executive authority of the state having jurisdiction of the offense, unless the accused gives bail as provided in the next section, or until he or she shall be legally discharged.

Acts 1935, No. 126, § 15; Pope's Dig., § 6095; A.S.A. 1947, § 43-3015.
Ark. Code Ann. § 16-129-109 — AR Code / Title 16 / Chapter 129 / Section 16-129-109
Uniformity of application and construction
Status: in_force

In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. Added by Act 2021, No. 420,§ 1, eff. 7/28/2021.

In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.

Added by Act 2021, No. 420,§ 1, eff. 7/28/2021.
Ark. Code Ann. § 16-68-303 — AR Code / Title 16 / Chapter 68 / Subchapter 3 / Section 16-68-303
Bond required of guardian, next friend, or assignee
Status: in_force

A guardian or next friend suing for an infant or person of unsound mind, and every plaintiff suing as an assignee, except an endorsee of a bill of exchange or a promissory note placed on the footing of a bill of exchange, when insolvent, may be required to give security for costs. On the failure to give security for costs within a reasonable time after it is directed by the court, upon the motion of the defendant, his or her action shall be dismissed. Civil Code, § 701; C. & M. Dig., § 1847; Pope's Dig., § 2366; A.S.A. 1947, § 27-2305.

A guardian or next friend suing for an infant or person of unsound mind, and every plaintiff suing as an assignee, except an endorsee of a bill of exchange or a promissory note placed on the footing of a bill of exchange, when insolvent, may be required to give security for costs. On the failure to give security for costs within a reasonable time after it is directed by the court, upon the motion of the defendant, his or her action shall be dismissed.

Civil Code, § 701; C. & M. Dig., § 1847; Pope's Dig., § 2366; A.S.A. 1947, § 27-2305.
Ark. Code Ann. § 16-129-102 — AR Code / Title 16 / Chapter 129 / Section 16-129-102
Definitions
Status: in_force

In this chapter: (1) "Consent" means affirmative, conscious, and voluntary authorization by an individual with legal capacity to give authorization. (2) "Depicted individual" means an individual whose body is shown in whole or in part in an intimate image. (3) "Disclosure" means transfer, publication, or distribution to another person. "Disclose" has a corresponding meaning. (4) "Identifiable" means recognizable by a person other than the depicted individual: (A) from an intimate image itself; or (B) from an intimate image and identifying characteristic displayed in connection with the intimate image. (5) "Identifying characteristic" means information that may be used to identify a depicted individual. (6) "Individual" means a human being. (7) "Intimate image" means a photograph, film, video recording, or other similar medium that shows: (A) the uncovered genitals, pubic area, anus, or female post-pubescent nipple of a depicted individual; or (B) a depicted individual engaging in or being subjected to sexual conduct. (8) "Person" means an individual, estate, business or nonprofit entity, public corporation, government or governmental subdivision, agency, or instrumentality, or other legal entity. (9) "Sexual conduct" includes: (A) masturbation; (B) genital, anal, or oral sex; (C) sexual penetration of, or with, an object; (D) bestiality; or (E) the transfer of semen onto a depicted individual. Added by Act 2021, No. 420,§ 1, eff. 7/28/2021.

In this chapter:

(1) "Consent" means affirmative, conscious, and voluntary authorization by an individual with legal capacity to give authorization.

(2) "Depicted individual" means an individual whose body is shown in whole or in part in an intimate image.

(3) "Disclosure" means transfer, publication, or distribution to another person. "Disclose" has a corresponding meaning.

(4) "Identifiable" means recognizable by a person other than the depicted individual: (A) from an intimate image itself; or (B) from an intimate image and identifying characteristic displayed in connection with the intimate image.

(A) from an intimate image itself; or

(B) from an intimate image and identifying characteristic displayed in connection with the intimate image.

(5) "Identifying characteristic" means information that may be used to identify a depicted individual.

(6) "Individual" means a human being.

(7) "Intimate image" means a photograph, film, video recording, or other similar medium that shows: (A) the uncovered genitals, pubic area, anus, or female post-pubescent nipple of a depicted individual; or (B) a depicted individual engaging in or being subjected to sexual conduct.

(A) the uncovered genitals, pubic area, anus, or female post-pubescent nipple of a depicted individual; or

(B) a depicted individual engaging in or being subjected to sexual conduct.

(8) "Person" means an individual, estate, business or nonprofit entity, public corporation, government or governmental subdivision, agency, or instrumentality, or other legal entity.

(9) "Sexual conduct" includes: (A) masturbation; (B) genital, anal, or oral sex; (C) sexual penetration of, or with, an object; (D) bestiality; or (E) the transfer of semen onto a depicted individual.

(A) masturbation;

(B) genital, anal, or oral sex;

(C) sexual penetration of, or with, an object;

(D) bestiality; or

(E) the transfer of semen onto a depicted individual.

Added by Act 2021, No. 420,§ 1, eff. 7/28/2021.