Ark. Code Ann. § 16-118-103 — AR Code / Title 16 / Chapter 118 / Section 16-118-103
Gambling debts and losses
Status: in_force

(a) (1) (A) (i) Any person who loses any money or property at any game or gambling device, or any bet or wager whatever, may recover the money or property by obtaining a judgment ordering the return of the money or property following an action against the person winning the money or property. (ii) The suit shall be instituted within ninety (90) days after the paying over of the money or property so lost. (B) The replevin suit provided for in subdivision (a)(1)(A) of this section does not excuse a person from liability for or create a defense under § 5-2-601 et seq. to any crime of violence with which he or she may be charged as a result of conduct to recover money or property so lost. (2) The heirs, executors, administrators, or creditors of the person losing any money or property at any game or gambling device, or on any bet or wager whatever, may have the same remedy as is provided in subdivision (a)(1) of this section for the person losing. (3) Nothing in this subsection shall be so construed as to enable any person to recover any money or property lost on any turf race. (b) (1) All judgments, conveyances, bonds, bills, notes, securities, and contracts, where the consideration or any part thereof is money or property won at any game or gambling device, or any bet or wager whatever, or for money or property lent to be bet at any gaming or gambling device, or at any sport or pastime whatever, shall be void. (2) The assignment of any bond, bill, note, judgment, conveyance, contract, or other security shall not affect the defense of the person executing the assignment. (c) Any matter of defense under this section may be specially pleaded or may be given in evidence under the general issue. (d) (1) In all suits under this section, the plaintiff may call on the defendant to answer on oath any interrogatory touching the case, and if the defendant refuses to answer, the same shall be taken as confessed. (2) The answer shall not be admitted as evidence against the person in any proceedings by indictment. (e) It is the strong public policy of the State of Arkansas that gambling, whether regulated or unregulated, on credit is an unenforceable contract and the courts of this state shall not enforce gambling debts, regardless of whether the contract was entered into within this state or without this state. Rev. Stat., ch. 68, §§ 1-8; C. & M. Dig., §§ 4899-4905; Pope's Dig., §§ 6112-6118; A.S.A. 1947, §§ 34-1601 -- 34-1608; Acts 1999, No. 985, § 1; 2003, No. 1185, § 243; 2009, No. 460, § 2.

(a) (1) (A) (i) Any person who loses any money or property at any game or gambling device, or any bet or wager whatever, may recover the money or property by obtaining a judgment ordering the return of the money or property following an action against the person winning the money or property. (ii) The suit shall be instituted within ninety (90) days after the paying over of the money or property so lost. (B) The replevin suit provided for in subdivision (a)(1)(A) of this section does not excuse a person from liability for or create a defense under § 5-2-601 et seq. to any crime of violence with which he or she may be charged as a result of conduct to recover money or property so lost. (2) The heirs, executors, administrators, or creditors of the person losing any money or property at any game or gambling device, or on any bet or wager whatever, may have the same remedy as is provided in subdivision (a)(1) of this section for the person losing. (3) Nothing in this subsection shall be so construed as to enable any person to recover any money or property lost on any turf race.

(1) (A) (i) Any person who loses any money or property at any game or gambling device, or any bet or wager whatever, may recover the money or property by obtaining a judgment ordering the return of the money or property following an action against the person winning the money or property. (ii) The suit shall be instituted within ninety (90) days after the paying over of the money or property so lost. (B) The replevin suit provided for in subdivision (a)(1)(A) of this section does not excuse a person from liability for or create a defense under § 5-2-601 et seq. to any crime of violence with which he or she may be charged as a result of conduct to recover money or property so lost.

(A) (i) Any person who loses any money or property at any game or gambling device, or any bet or wager whatever, may recover the money or property by obtaining a judgment ordering the return of the money or property following an action against the person winning the money or property. (ii) The suit shall be instituted within ninety (90) days after the paying over of the money or property so lost.

(i) Any person who loses any money or property at any game or gambling device, or any bet or wager whatever, may recover the money or property by obtaining a judgment ordering the return of the money or property following an action against the person winning the money or property.

(ii) The suit shall be instituted within ninety (90) days after the paying over of the money or property so lost.

(B) The replevin suit provided for in subdivision (a)(1)(A) of this section does not excuse a person from liability for or create a defense under § 5-2-601 et seq. to any crime of violence with which he or she may be charged as a result of conduct to recover money or property so lost.

(2) The heirs, executors, administrators, or creditors of the person losing any money or property at any game or gambling device, or on any bet or wager whatever, may have the same remedy as is provided in subdivision (a)(1) of this section for the person losing.

(3) Nothing in this subsection shall be so construed as to enable any person to recover any money or property lost on any turf race.

(b) (1) All judgments, conveyances, bonds, bills, notes, securities, and contracts, where the consideration or any part thereof is money or property won at any game or gambling device, or any bet or wager whatever, or for money or property lent to be bet at any gaming or gambling device, or at any sport or pastime whatever, shall be void. (2) The assignment of any bond, bill, note, judgment, conveyance, contract, or other security shall not affect the defense of the person executing the assignment.

(1) All judgments, conveyances, bonds, bills, notes, securities, and contracts, where the consideration or any part thereof is money or property won at any game or gambling device, or any bet or wager whatever, or for money or property lent to be bet at any gaming or gambling device, or at any sport or pastime whatever, shall be void.

(2) The assignment of any bond, bill, note, judgment, conveyance, contract, or other security shall not affect the defense of the person executing the assignment.

(c) Any matter of defense under this section may be specially pleaded or may be given in evidence under the general issue.

(d) (1) In all suits under this section, the plaintiff may call on the defendant to answer on oath any interrogatory touching the case, and if the defendant refuses to answer, the same shall be taken as confessed. (2) The answer shall not be admitted as evidence against the person in any proceedings by indictment.

(1) In all suits under this section, the plaintiff may call on the defendant to answer on oath any interrogatory touching the case, and if the defendant refuses to answer, the same shall be taken as confessed.

(2) The answer shall not be admitted as evidence against the person in any proceedings by indictment.

(e) It is the strong public policy of the State of Arkansas that gambling, whether regulated or unregulated, on credit is an unenforceable contract and the courts of this state shall not enforce gambling debts, regardless of whether the contract was entered into within this state or without this state.

Rev. Stat., ch. 68, §§ 1-8; C. & M. Dig., §§ 4899-4905; Pope's Dig., §§ 6112-6118; A.S.A. 1947, §§ 34-1601 -- 34-1608; Acts 1999, No. 985, § 1; 2003, No. 1185, § 243; 2009, No. 460, § 2.
Ark. Code Ann. § 16-55-105 — AR Code / Title 16 / Chapter 55 / Subchapter 1 / Section 16-55-105
Amendment or repeal of code
Status: in_force

No act shall have the effect to amend or repeal or be construed as amending or repealing any title, chapter, article, section, clause, or provision of this code unless the intention is expressly stated, and the title, chapter, article, or section shall be particularly referred to and recited in the act amending or repealing it. Civil Code, § 858; C. & M. Dig., § 9753; Pope's Dig., § 13279; A.S.A. 1947, § 27-134.

No act shall have the effect to amend or repeal or be construed as amending or repealing any title, chapter, article, section, clause, or provision of this code unless the intention is expressly stated, and the title, chapter, article, or section shall be particularly referred to and recited in the act amending or repealing it.

Civil Code, § 858; C. & M. Dig., § 9753; Pope's Dig., § 13279; A.S.A. 1947, § 27-134.
Ark. Code Ann. § 16-90-1302 — AR Code / Title 16 / Chapter 90 / Subchapter 13 / Section 16-90-1302
Applicable felonies
Status: in_force

(a) The following felony offenses shall be eligible for earned discharge and completion of the sentence under this subchapter: (1) All Class D felonies, Class C felonies, and Class B felonies, except: (A) An offense for which sex offender registration is required under the Sex Offender Registration Act of 1997, § 12-12-901 et seq.; (B) A felony involving violence under § 5-4-501(d)(2) ; (C) Kidnapping, § 5-11-102 ; (D) Manslaughter, § 5-10-104 ; or (E) Driving or boating while intoxicated, § 5-65-103 ; and (2) All Class A felony controlled substance offenses, § 5-64-401 et seq. (b) A Class Y felony shall not be eligible for earned early discharge and completion of sentence under this subchapter. Amended by Act 2015, No. 299,§ 25, eff. 7/22/2015. Acts 2011, No. 570, § 82.

(a) The following felony offenses shall be eligible for earned discharge and completion of the sentence under this subchapter: (1) All Class D felonies, Class C felonies, and Class B felonies, except: (A) An offense for which sex offender registration is required under the Sex Offender Registration Act of 1997, § 12-12-901 et seq.; (B) A felony involving violence under § 5-4-501(d)(2) ; (C) Kidnapping, § 5-11-102 ; (D) Manslaughter, § 5-10-104 ; or (E) Driving or boating while intoxicated, § 5-65-103 ; and (2) All Class A felony controlled substance offenses, § 5-64-401 et seq.

(1) All Class D felonies, Class C felonies, and Class B felonies, except: (A) An offense for which sex offender registration is required under the Sex Offender Registration Act of 1997, § 12-12-901 et seq.; (B) A felony involving violence under § 5-4-501(d)(2) ; (C) Kidnapping, § 5-11-102 ; (D) Manslaughter, § 5-10-104 ; or (E) Driving or boating while intoxicated, § 5-65-103 ; and

(A) An offense for which sex offender registration is required under the Sex Offender Registration Act of 1997, § 12-12-901 et seq.;

(B) A felony involving violence under § 5-4-501(d)(2) ;

(C) Kidnapping, § 5-11-102 ;

(D) Manslaughter, § 5-10-104 ; or

(E) Driving or boating while intoxicated, § 5-65-103 ; and

(2) All Class A felony controlled substance offenses, § 5-64-401 et seq.

(b) A Class Y felony shall not be eligible for earned early discharge and completion of sentence under this subchapter.

Amended by Act 2015, No. 299,§ 25, eff. 7/22/2015.

Acts 2011, No. 570, § 82.
Ark. Code Ann. § 16-85-513 — AR Code / Title 16 / Chapter 85 / Subchapter 5 / Section 16-85-513
Indictment
Status: in_force

(a) The grand jury should find an indictment when all the evidence before them, taken together, would, in their judgment, if unexplained, warrant a conviction by the trial jury. (b) All the papers and other matters of evidence relating to the arrest and examination of the charges against persons committed or on bail which have been returned to court by magistrates shall be laid before the grand jury. If, upon investigation, they refuse to find an indictment, they shall write upon some one of the papers "dismissed", with the signature of the foreman. Thereupon, the court shall discharge the defendant from custody if he or she is in jail, or the court shall exonerate the bail if bail has been given, unless the court should be of the opinion that the charge should again be submitted to another grand jury. In that case, the defendant may be continued in custody or on bail until the next term of the court. (c) The dismissal of the charge does not prevent its being again submitted to a grand jury as often as the court may direct, but without such direction, it cannot again be submitted. (d) Unless an indictment is found at the term of the court next after the first submission of the charge to the grand jury, the defendant shall be discharged from custody or exonerated from bail unless, for cause shown, the court shall otherwise direct. Crim. Code, §§ 103, 114-116; C. & M. Dig., §§ 2989, 2997-2999; Pope's Dig., §§ 3811, 3819-3821; A.S.A. 1947, §§ 43-920 -- 43-923.

(a) The grand jury should find an indictment when all the evidence before them, taken together, would, in their judgment, if unexplained, warrant a conviction by the trial jury.

(b) All the papers and other matters of evidence relating to the arrest and examination of the charges against persons committed or on bail which have been returned to court by magistrates shall be laid before the grand jury. If, upon investigation, they refuse to find an indictment, they shall write upon some one of the papers "dismissed", with the signature of the foreman. Thereupon, the court shall discharge the defendant from custody if he or she is in jail, or the court shall exonerate the bail if bail has been given, unless the court should be of the opinion that the charge should again be submitted to another grand jury. In that case, the defendant may be continued in custody or on bail until the next term of the court.

(c) The dismissal of the charge does not prevent its being again submitted to a grand jury as often as the court may direct, but without such direction, it cannot again be submitted.

(d) Unless an indictment is found at the term of the court next after the first submission of the charge to the grand jury, the defendant shall be discharged from custody or exonerated from bail unless, for cause shown, the court shall otherwise direct.

Crim. Code, §§ 103, 114-116; C. & M. Dig., §§ 2989, 2997-2999; Pope's Dig., §§ 3811, 3819-3821; A.S.A. 1947, §§ 43-920 -- 43-923.
Ark. Code Ann. § 16-15-101 — AR Code / Title 16 / Chapter 15 / Section 16-15-101
Terms of court
Status: in_force

(a) The regular terms of the county courts of the several counties of this state shall commence on the first Mondays in January, April, July, and October of each year. (b) (1) The county court shall be open, by operation of law, at the beginning of each regular term of the court, as set forth in subsection (a) of this section, and shall remain open until the beginning of the next term of the court. (2) No term of the court shall lapse by reason of the fact that the court was not formally opened at the beginning of the term. Acts 1963, No. 214, §§ 1, 2; A.S.A. 1947, §§ 22-603, 22-603.1.

(a) The regular terms of the county courts of the several counties of this state shall commence on the first Mondays in January, April, July, and October of each year.

(b) (1) The county court shall be open, by operation of law, at the beginning of each regular term of the court, as set forth in subsection (a) of this section, and shall remain open until the beginning of the next term of the court. (2) No term of the court shall lapse by reason of the fact that the court was not formally opened at the beginning of the term.

(1) The county court shall be open, by operation of law, at the beginning of each regular term of the court, as set forth in subsection (a) of this section, and shall remain open until the beginning of the next term of the court.

(2) No term of the court shall lapse by reason of the fact that the court was not formally opened at the beginning of the term.

Acts 1963, No. 214, §§ 1, 2; A.S.A. 1947, §§ 22-603, 22-603.1.
Ark. Code Ann. § 16-90-1409 — AR Code / Title 16 / Chapter 90 / Subchapter 14 / Section 16-90-1409
Sealing records of arrests
Status: in_force

(a) A person may petition a district court or circuit court to seal a record of a prior arrest if charges have not been filed by the prosecuting attorney within one (1) year of the date of the arrest. (b) The petition shall be filed in the county in which the arrest was made. Added by Act 2013, No. 1460,§ 9, eff. 1/1/2014.

(a) A person may petition a district court or circuit court to seal a record of a prior arrest if charges have not been filed by the prosecuting attorney within one (1) year of the date of the arrest.

(b) The petition shall be filed in the county in which the arrest was made.

Added by Act 2013, No. 1460,§ 9, eff. 1/1/2014.
Ark. Code Ann. § 16-19-1102 — AR Code / Title 16 / Chapter 19 / Subchapter 11 / Section 16-19-1102
[Repealed]
Status: repealed

Repealed by Act 2021, No. 475,§ 15, eff. 7/28/2021. Acts 1873, No. 135, § 105, p. 430; C. & M. Dig., § 6521; Pope's Dig., § 8483; A.S.A. 1947, § 26-1311.

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

Acts 1873, No. 135, § 105, p. 430; C. & M. Dig., § 6521; Pope's Dig., § 8483; A.S.A. 1947, § 26-1311.
Ark. Code Ann. § 16-67-328 — AR Code / Title 16 / Chapter 67 / Subchapter 3 / Section 16-67-328
[Repealed]
Status: repealed

Repealed by Act 2013, No. 1148,§ 55, eff. 8/16/2013. Rev. Stat., ch. 117, § 37; C. & M. Dig., § 2180; Pope's Dig., § 2789; A.S.A. 1947, § 27-2152.

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

Rev. Stat., ch. 117, § 37; C. & M. Dig., § 2180; Pope's Dig., § 2789; A.S.A. 1947, § 27-2152.
Ark. Code Ann. § 16-17-1111 — AR Code / Title 16 / Chapter 17 / Subchapter 11 / Section 16-17-1111
[Repealed]
Status: repealed

Repealed by Act 2017, No. 723,§ 4, eff. 8/1/2017. Acts 2011, No. 1219, § 10.

Repealed by Act 2017, No. 723,§ 4, eff. 8/1/2017.

Acts 2011, No. 1219, § 10.
Ark. Code Ann. § 16-64-110 — AR Code / Title 16 / Chapter 64 / Section 16-64-110
Order of trial
Status: in_force

When the jury has been sworn, the trial shall proceed in the following order unless the court, for special reasons, otherwise directs: (1) The plaintiff must briefly state his or her claim and the evidence by which he or she expects to sustain it; (2) The defendant must then briefly state his or her defense and the evidence he or she expects to offer in support of it; (3) (A) The party on whom rests the burden of proof in the whole action must first produce his or her evidence; (B) The adverse party will then produce his or her evidence; (4) The parties will then be confined to rebutting evidence unless the court, for good reasons, in furtherance of justice, permits them to offer evidence in their original case; (5) When the evidence is concluded, either party may request instructions to the jury on points of law, which shall be given or refused by the court, and the instructions shall be reduced to writing if either party requires it; and (6) The parties may then submit or argue the case to the jury. In the argument the party having the burden of proof shall have the opening and conclusion, and if, upon the demand of his or her adversary, he or she refuses to open and fully state the grounds upon which he or she claims a verdict, he or she shall be refused the conclusion. Civil Code, § 349; Acts 1875 (Adj. Sess.), No. 92, § 1, p. 174; C. & M. Dig., § 1292; Pope's Dig., § 1517; A.S.A. 1947, § 27-1727.

When the jury has been sworn, the trial shall proceed in the following order unless the court, for special reasons, otherwise directs:

(1) The plaintiff must briefly state his or her claim and the evidence by which he or she expects to sustain it;

(2) The defendant must then briefly state his or her defense and the evidence he or she expects to offer in support of it;

(3) (A) The party on whom rests the burden of proof in the whole action must first produce his or her evidence; (B) The adverse party will then produce his or her evidence;

(A) The party on whom rests the burden of proof in the whole action must first produce his or her evidence;

(B) The adverse party will then produce his or her evidence;

(4) The parties will then be confined to rebutting evidence unless the court, for good reasons, in furtherance of justice, permits them to offer evidence in their original case;

(5) When the evidence is concluded, either party may request instructions to the jury on points of law, which shall be given or refused by the court, and the instructions shall be reduced to writing if either party requires it; and

(6) The parties may then submit or argue the case to the jury. In the argument the party having the burden of proof shall have the opening and conclusion, and if, upon the demand of his or her adversary, he or she refuses to open and fully state the grounds upon which he or she claims a verdict, he or she shall be refused the conclusion.

Civil Code, § 349; Acts 1875 (Adj. Sess.), No. 92, § 1, p. 174; C. & M. Dig., § 1292; Pope's Dig., § 1517; A.S.A. 1947, § 27-1727.
Ark. Code Ann. § 16-6-103 — AR Code / Title 16 / Chapter 6 / Subchapter 1 / Section 16-6-103
Definitions
Status: in_force

As used in this subchapter, unless the context otherwise requires: (1) "Qualified volunteer" means any person who of free will provides goods or services without financial compensation to or through any volunteer agency in connection with a volunteer program; (2) "Volunteer agency" means any volunteer program of all departments, institutions, and divisions of state government, community volunteer organization, or any not-for-profit corporation which has received a 501(c)(3) designation from the United States Internal Revenue Service, other than one established principally for the recreational benefit of its stockholders or members; and (3) "Volunteer activity" means any activity within the scope of any project, program, effort, or other regular activity sponsored by a volunteer agency with the intent to effect a charitable purpose or confer other public benefit, including, but not limited to, enhancement of the cultural, civic, religious, educational, scientific, or economic resources of the community. Acts 1987, No. 390, § 3.

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

(1) "Qualified volunteer" means any person who of free will provides goods or services without financial compensation to or through any volunteer agency in connection with a volunteer program;

(2) "Volunteer agency" means any volunteer program of all departments, institutions, and divisions of state government, community volunteer organization, or any not-for-profit corporation which has received a 501(c)(3) designation from the United States Internal Revenue Service, other than one established principally for the recreational benefit of its stockholders or members; and

(3) "Volunteer activity" means any activity within the scope of any project, program, effort, or other regular activity sponsored by a volunteer agency with the intent to effect a charitable purpose or confer other public benefit, including, but not limited to, enhancement of the cultural, civic, religious, educational, scientific, or economic resources of the community.

Acts 1987, No. 390, § 3.
Ark. Code Ann. § 16-90-1112 — AR Code / Title 16 / Chapter 90 / Subchapter 11 / Section 16-90-1112
Victim impact statement
Status: in_force

(a) (1) Before imposing sentence, the court shall permit the victim to present a victim impact statement concerning the effects of the crime on the victim, the circumstances surrounding the crime, and the manner in which the crime was perpetrated. (2) The victim may present the statement in writing before the sentencing proceeding or orally under oath at the sentencing proceeding. (3) The defendant is required to physically remain in the courtroom during the presentation of any victim impact statement, unless the court determines that the defendant is behaving in a disruptive manner or in a manner that presents a threat to the safety of any person present in the courtroom. (b) The court shall give copies of all written victim impact statements to the prosecuting attorney and the defendant. (c) The sentencing court shall consider the victim impact statement along with other factors, but if the victim impact statement includes new material factual information upon which the court intends to rely, the court shall adjourn the sentencing proceeding or take other appropriate action to allow the defendant adequate opportunity to respond. Amended by Act 2019, No. 301,§ 1, eff. 7/24/2019. Acts 1997, No. 1262, § 12.

(a) (1) Before imposing sentence, the court shall permit the victim to present a victim impact statement concerning the effects of the crime on the victim, the circumstances surrounding the crime, and the manner in which the crime was perpetrated. (2) The victim may present the statement in writing before the sentencing proceeding or orally under oath at the sentencing proceeding. (3) The defendant is required to physically remain in the courtroom during the presentation of any victim impact statement, unless the court determines that the defendant is behaving in a disruptive manner or in a manner that presents a threat to the safety of any person present in the courtroom.

(1) Before imposing sentence, the court shall permit the victim to present a victim impact statement concerning the effects of the crime on the victim, the circumstances surrounding the crime, and the manner in which the crime was perpetrated.

(2) The victim may present the statement in writing before the sentencing proceeding or orally under oath at the sentencing proceeding.

(3) The defendant is required to physically remain in the courtroom during the presentation of any victim impact statement, unless the court determines that the defendant is behaving in a disruptive manner or in a manner that presents a threat to the safety of any person present in the courtroom.

(b) The court shall give copies of all written victim impact statements to the prosecuting attorney and the defendant.

(c) The sentencing court shall consider the victim impact statement along with other factors, but if the victim impact statement includes new material factual information upon which the court intends to rely, the court shall adjourn the sentencing proceeding or take other appropriate action to allow the defendant adequate opportunity to respond.

Amended by Act 2019, No. 301,§ 1, eff. 7/24/2019.

Acts 1997, No. 1262, § 12.
Ark. Code Ann. § 16-105-410 — AR Code / Title 16 / Chapter 105 / Subchapter 4 / Section 16-105-410
Order of abatement - Lien for costs - Enforcement
Status: in_force

If the existence of the common nuisance is established in the action, an order of abatement shall be entered as part of the judgment in the case, and the plaintiff's costs in the action are a lien upon the building or place. The lien is enforceable and collectible by execution issued by order of the court. Acts 1989, No. 556, § 1.

If the existence of the common nuisance is established in the action, an order of abatement shall be entered as part of the judgment in the case, and the plaintiff's costs in the action are a lien upon the building or place. The lien is enforceable and collectible by execution issued by order of the court.

Acts 1989, No. 556, § 1.
Ark. Code Ann. § 16-110-128 — AR Code / Title 16 / Chapter 110 / Subchapter 1 / Section 16-110-128
Time for disposition of attachment
Status: in_force

(a) An attachment obtained at the commencement of an action shall be sustained or discharged at the time that judgment is rendered in the action unless for sufficient cause the court extends the time of deciding upon it. (b) An attachment obtained after the commencement of an action shall not be sustained until the defendant has had the time for controverting it as provided in §§ 16-110-101 , 16-110-102 , 16-110-104 - 16-110-113 , 16-110-115 - 16-110-122 , 16-110-124 - 16-110-136 , 16-110-138 , 16-110-139 , and 16-110-201 - 16-110-211 . Civil Code, § 276; C. & M. Dig., § 566; Pope's Dig., § 603; A.S.A. 1947, § 31-148.

(a) An attachment obtained at the commencement of an action shall be sustained or discharged at the time that judgment is rendered in the action unless for sufficient cause the court extends the time of deciding upon it.

(b) An attachment obtained after the commencement of an action shall not be sustained until the defendant has had the time for controverting it as provided in §§ 16-110-101 , 16-110-102 , 16-110-104 - 16-110-113 , 16-110-115 - 16-110-122 , 16-110-124 - 16-110-136 , 16-110-138 , 16-110-139 , and 16-110-201 - 16-110-211 .

Civil Code, § 276; C. & M. Dig., § 566; Pope's Dig., § 603; A.S.A. 1947, § 31-148.
Ark. Code Ann. § 16-22-501 — AR Code / Title 16 / Chapter 22 / Subchapter 5 / Section 16-22-501
Prohibited activities
Status: in_force

(a) A person commits an offense if, with intent to obtain a direct economic benefit for himself or herself, the person: (1) Contracts with any person to represent that person with regard to personal causes of action for property damages or personal injury; (2) Advises any person as to the person's rights and the advisability of making claims for personal injuries or property damages; (3) Advises any person as to whether or not to accept an offered sum of money in settlement of claims for personal injuries or property damages; (4) Enters into any contract with another person to represent that person in personal injury or property damage matters on a contingent fee basis with an attempted assignment of a portion of the person's cause of action; (5) Enters into any contract, except a contract of insurance, with a third person which purports to grant the exclusive right to select and retain legal counsel to represent the individual in any legal proceeding; or (6) Contacts any person by telephone or in person for the purpose of soliciting business which is legal in nature, as set forth above. (b) This section does not apply to a person currently licensed to practice law in this state, another state, or a foreign country and in good standing with the State Bar of Arkansas and the state bar or licensing authority of any and all other states and foreign countries where licensed. (c) Except as provided by subsection (d) of this section, an offense under subsection (a) of this section is a Class A misdemeanor. (d) An offense under subsection (a) of this section is a Class D felony if it is shown on the trial of the offense that the defendant has previously been convicted under subsection (a) of this section. (e) This section shall not apply to a person who is licensed as an adjuster or employed as an adjuster by an insurer as authorized by § 23-64-101 . Acts 1997, No. 1301, § 1.

(a) A person commits an offense if, with intent to obtain a direct economic benefit for himself or herself, the person: (1) Contracts with any person to represent that person with regard to personal causes of action for property damages or personal injury; (2) Advises any person as to the person's rights and the advisability of making claims for personal injuries or property damages; (3) Advises any person as to whether or not to accept an offered sum of money in settlement of claims for personal injuries or property damages; (4) Enters into any contract with another person to represent that person in personal injury or property damage matters on a contingent fee basis with an attempted assignment of a portion of the person's cause of action; (5) Enters into any contract, except a contract of insurance, with a third person which purports to grant the exclusive right to select and retain legal counsel to represent the individual in any legal proceeding; or (6) Contacts any person by telephone or in person for the purpose of soliciting business which is legal in nature, as set forth above.

(1) Contracts with any person to represent that person with regard to personal causes of action for property damages or personal injury;

(2) Advises any person as to the person's rights and the advisability of making claims for personal injuries or property damages;

(3) Advises any person as to whether or not to accept an offered sum of money in settlement of claims for personal injuries or property damages;

(4) Enters into any contract with another person to represent that person in personal injury or property damage matters on a contingent fee basis with an attempted assignment of a portion of the person's cause of action;

(5) Enters into any contract, except a contract of insurance, with a third person which purports to grant the exclusive right to select and retain legal counsel to represent the individual in any legal proceeding; or

(6) Contacts any person by telephone or in person for the purpose of soliciting business which is legal in nature, as set forth above.

(b) This section does not apply to a person currently licensed to practice law in this state, another state, or a foreign country and in good standing with the State Bar of Arkansas and the state bar or licensing authority of any and all other states and foreign countries where licensed.

(c) Except as provided by subsection (d) of this section, an offense under subsection (a) of this section is a Class A misdemeanor.

(d) An offense under subsection (a) of this section is a Class D felony if it is shown on the trial of the offense that the defendant has previously been convicted under subsection (a) of this section.

(e) This section shall not apply to a person who is licensed as an adjuster or employed as an adjuster by an insurer as authorized by § 23-64-101 .

Acts 1997, No. 1301, § 1.
Ark. Code Ann. § 16-12-108 — AR Code / Title 16 / Chapter 12 / Subchapter 1 / Section 16-12-108
Staff
Status: in_force

(a) The Clerk of the Supreme Court shall serve as Clerk of the Court of Appeals. (b) The Reporter of the Supreme Court shall serve as Reporter of the Court of Appeals. (c) The sheriff of the county wherein the Court of Appeals is sitting shall be the bailiff of that court. (d) Each judge of the Court of Appeals shall have an administrative assistant and two (2) law clerks to be selected by the judge personally. (e) The Clerk of the Supreme Court is authorized to select two (2) additional persons as deputies. He or she may assign deputies to primarily handle all matters relative to the Court of Appeals, including, but not limited to, filing cases which have been appealed to the Court of Appeals, assigning briefs and motions to the judges, submitting cases, keeping all court records, notifying counsel of oral argument, preparing the payroll, and any and all other duties connected with the Court of Appeals. (f) (1) Law clerks for the Supreme Court and law clerks for the Court of Appeals shall be of the same grade, unless the General Assembly approves a pay grade change to either court's law clerks. (2) The Supreme Court or the Court of Appeals shall give timely written notice to the other court before requesting a change to a pay grade for its respective law clerks to the General Assembly. Amended by Act 2021, No. 129,§ 2, eff. 7/28/2021. Amended by Act 2021, No. 129,§ 1, eff. 7/28/2021. Acts 1979, No. 208, § 8; A.S.A. 1947, § 22-1208.

(a) The Clerk of the Supreme Court shall serve as Clerk of the Court of Appeals.

(b) The Reporter of the Supreme Court shall serve as Reporter of the Court of Appeals.

(c) The sheriff of the county wherein the Court of Appeals is sitting shall be the bailiff of that court.

(d) Each judge of the Court of Appeals shall have an administrative assistant and two (2) law clerks to be selected by the judge personally.

(e) The Clerk of the Supreme Court is authorized to select two (2) additional persons as deputies. He or she may assign deputies to primarily handle all matters relative to the Court of Appeals, including, but not limited to, filing cases which have been appealed to the Court of Appeals, assigning briefs and motions to the judges, submitting cases, keeping all court records, notifying counsel of oral argument, preparing the payroll, and any and all other duties connected with the Court of Appeals.

(f) (1) Law clerks for the Supreme Court and law clerks for the Court of Appeals shall be of the same grade, unless the General Assembly approves a pay grade change to either court's law clerks. (2) The Supreme Court or the Court of Appeals shall give timely written notice to the other court before requesting a change to a pay grade for its respective law clerks to the General Assembly.

(1) Law clerks for the Supreme Court and law clerks for the Court of Appeals shall be of the same grade, unless the General Assembly approves a pay grade change to either court's law clerks.

(2) The Supreme Court or the Court of Appeals shall give timely written notice to the other court before requesting a change to a pay grade for its respective law clerks to the General Assembly.

Amended by Act 2021, No. 129,§ 2, eff. 7/28/2021.

Amended by Act 2021, No. 129,§ 1, eff. 7/28/2021.

Acts 1979, No. 208, § 8; A.S.A. 1947, § 22-1208.
Ark. Code Ann. § 16-122-103 — AR Code / Title 16 / Chapter 122 / Section 16-122-103
Penalty
Status: in_force

A conviction for violation of § 5-36-103 shall not be a condition precedent to maintenance of a civil action authorized by this chapter, and nothing in this chapter shall prohibit or limit any other course of action a retailer or merchant may have against a person who unlawfully takes cash, goods, wares, or merchandise from the merchant's premises. Acts 1993, No. 936, § 5.

A conviction for violation of § 5-36-103 shall not be a condition precedent to maintenance of a civil action authorized by this chapter, and nothing in this chapter shall prohibit or limit any other course of action a retailer or merchant may have against a person who unlawfully takes cash, goods, wares, or merchandise from the merchant's premises.

Acts 1993, No. 936, § 5.
Ark. Code Ann. § 16-90-103 — AR Code / Title 16 / Chapter 90 / Subchapter 1 / Section 16-90-103
Sentences without notice void
Status: in_force

All sentences made, rendered, or pronounced by any of the courts of the state against anyone without actual or constructive notice, and all proceedings had under such sentences, shall be absolutely null and void. Acts 1859, No. 147, § 1, p. 172; C. & M. Dig., § 6238; Pope's Dig., § 8194; A.S.A. 1947, § 29-107.

All sentences made, rendered, or pronounced by any of the courts of the state against anyone without actual or constructive notice, and all proceedings had under such sentences, shall be absolutely null and void.

Acts 1859, No. 147, § 1, p. 172; C. & M. Dig., § 6238; Pope's Dig., § 8194; A.S.A. 1947, § 29-107.
Ark. Code Ann. § 16-66-211 — AR Code / Title 16 / Chapter 66 / Subchapter 2 / Section 16-66-211
Claiming exemptions - Schedule of property - Stay of execution - Levy on remainder of property - Appeal
Status: in_force

(a) (1) Whenever any resident of this state, upon the issue against him or her for the collection of any debt by contract of any execution or other process, of any attachment except specific attachment against his or her property, desires to claim any of the exemptions provided for by law, he or she shall prepare a schedule, verified by affidavit, of all his or her property. This schedule shall include moneys, rights, credits, and choses in action held by himself or herself or others for him or her and specifying the particular property which he or she claims as exempt under the provisions of the Arkansas Constitution, Article 9. (2) After giving five (5) days' notice in writing to the opposing party or his or her agent or attornery, the resident claiming the exemption shall file the schedule with the judge or clerk issuing the execution or other process or attachment. (3) A hearing shall be ordered by the court or judge issuing the process if, within five (5) days after receiving the notice required to be given by the person claiming the exemption, the party in whose favor the process issued files a request for a hearing with the judge or clerk of the court. (4) If after the hearing, either in open court or by the judge in vacation, the claim of exemption is determined to be valid, then supersedeas shall issue, staying any sale or further proceeding under the execution, process, or attachment against the property described in the schedule, and claimed as exempted, and by returning the property to the defendant. (5) No alias execution shall be levied on property relieved from process by claim of exemption until one (1) year from the date of the filing of the schedule of exemptions. (b) (1) If the debtor has other property than that claimed in any former schedule, the officer shall levy upon that other property. (2) If the debtor desires to claim further exemptions, he shall include all his property in any schedule therefor. (c) If in any such schedule it appears that the debtor has more property in value than is exempt by law, he or she shall select his or her exemptions. The remainder of the property shall be subject to the levy of the execution, whether the property is included in any former schedule or not. (d) An appeal may be taken to the circuit court from any order of judgment rendered by a justice of the peace upon the filing of the affidavit and upon executing the bond required in other cases of appeal. Acts 1871, No. 58, § 1, p. 285; 1877, No. 53, § 1, p. 53; 1891, No. 3, § 1, p. 2; C. & M. Dig., §§ 5549-5551; Pope's Dig., §§ 7188-7190; Acts 1953, No. 164, § 2, p. 555; 1981, No. 714, § 1; A.S.A. 1947, § 30-209.

(a) (1) Whenever any resident of this state, upon the issue against him or her for the collection of any debt by contract of any execution or other process, of any attachment except specific attachment against his or her property, desires to claim any of the exemptions provided for by law, he or she shall prepare a schedule, verified by affidavit, of all his or her property. This schedule shall include moneys, rights, credits, and choses in action held by himself or herself or others for him or her and specifying the particular property which he or she claims as exempt under the provisions of the Arkansas Constitution, Article 9. (2) After giving five (5) days' notice in writing to the opposing party or his or her agent or attornery, the resident claiming the exemption shall file the schedule with the judge or clerk issuing the execution or other process or attachment. (3) A hearing shall be ordered by the court or judge issuing the process if, within five (5) days after receiving the notice required to be given by the person claiming the exemption, the party in whose favor the process issued files a request for a hearing with the judge or clerk of the court. (4) If after the hearing, either in open court or by the judge in vacation, the claim of exemption is determined to be valid, then supersedeas shall issue, staying any sale or further proceeding under the execution, process, or attachment against the property described in the schedule, and claimed as exempted, and by returning the property to the defendant. (5) No alias execution shall be levied on property relieved from process by claim of exemption until one (1) year from the date of the filing of the schedule of exemptions.

(1) Whenever any resident of this state, upon the issue against him or her for the collection of any debt by contract of any execution or other process, of any attachment except specific attachment against his or her property, desires to claim any of the exemptions provided for by law, he or she shall prepare a schedule, verified by affidavit, of all his or her property. This schedule shall include moneys, rights, credits, and choses in action held by himself or herself or others for him or her and specifying the particular property which he or she claims as exempt under the provisions of the Arkansas Constitution, Article 9.

(2) After giving five (5) days' notice in writing to the opposing party or his or her agent or attornery, the resident claiming the exemption shall file the schedule with the judge or clerk issuing the execution or other process or attachment.

(3) A hearing shall be ordered by the court or judge issuing the process if, within five (5) days after receiving the notice required to be given by the person claiming the exemption, the party in whose favor the process issued files a request for a hearing with the judge or clerk of the court.

(4) If after the hearing, either in open court or by the judge in vacation, the claim of exemption is determined to be valid, then supersedeas shall issue, staying any sale or further proceeding under the execution, process, or attachment against the property described in the schedule, and claimed as exempted, and by returning the property to the defendant.

(5) No alias execution shall be levied on property relieved from process by claim of exemption until one (1) year from the date of the filing of the schedule of exemptions.

(b) (1) If the debtor has other property than that claimed in any former schedule, the officer shall levy upon that other property. (2) If the debtor desires to claim further exemptions, he shall include all his property in any schedule therefor.

(1) If the debtor has other property than that claimed in any former schedule, the officer shall levy upon that other property.

(2) If the debtor desires to claim further exemptions, he shall include all his property in any schedule therefor.

(c) If in any such schedule it appears that the debtor has more property in value than is exempt by law, he or she shall select his or her exemptions. The remainder of the property shall be subject to the levy of the execution, whether the property is included in any former schedule or not.

(d) An appeal may be taken to the circuit court from any order of judgment rendered by a justice of the peace upon the filing of the affidavit and upon executing the bond required in other cases of appeal.

Acts 1871, No. 58, § 1, p. 285; 1877, No. 53, § 1, p. 53; 1891, No. 3, § 1, p. 2; C. & M. Dig., §§ 5549-5551; Pope's Dig., §§ 7188-7190; Acts 1953, No. 164, § 2, p. 555; 1981, No. 714, § 1; A.S.A. 1947, § 30-209.
Ark. Code Ann. § 16-93-207 — AR Code / Title 16 / Chapter 93 / Subchapter 2 / Section 16-93-207
Applications for pardon, commutation of sentence, and remission of fines and forfeitures
Status: in_force

(a) (1) (A) At least thirty (30) days before granting an application for pardon, commutation of sentence, or remission of fine or forfeiture, the Governor shall file with the Secretary of State a notice of his or her intention to grant the application. (B) The Governor shall also direct the Division of Correction to send notice of his or her intention to the judge, the prosecuting attorney, and the county sheriff of the county in which the applicant was convicted and, if applicable, to the victim or the victim's next of kin. (2) The filing of the notice shall not preclude the Governor from later denying the application, but any pardon, commutation of sentence, or remission of fine or forfeiture granted without filing the notice shall be null and void. (b) If the Governor does not grant an application for pardon, commutation of sentence, or remission of fine or forfeiture within two hundred forty (240) days of the Governor's receipt of the recommendation of the Post-Prison Transfer Board regarding the application, the application shall be deemed denied by the Governor, and any pardon, commutation of sentence, or remission of fine or forfeiture granted after the two-hundred-forty-day period shall be null and void. (c) (1) Except as provided in subdivision (c)(3), subsection (d), and subsection (e) of this section, if an application for pardon, commutation of sentence, or remission of fine or forfeiture is denied in writing by the Governor, the person filing the application shall not be eligible to file a new application for pardon, commutation of sentence, or remission of fine or forfeiture related to the same offense for a period of five (5) years from the date of the denial. (2) If an application for pardon, commutation of sentence, or remission of fine or forfeiture is denied by the Governor pursuant to subsection (b) of this section, the person filing the application may immediately file a new application for pardon, commutation of sentence, or remission of fine or forfeiture related to the same offense. (3) (A) The board may waive the waiting period for filing a new application for pardon, commutation of sentence, or remission of fine or forfeiture described in subdivision (c)(1) of this section if: (i) It has been at least twelve (12) months after the date of filing the application that was denied; and (ii) The board determines that the person whose application was denied has established that: (a) New material evidence relating to the person's guilt or punishment has been discovered; (b) The person's physical or mental health has substantially deteriorated; or (c) Other meritorious circumstances justify a waiver of the waiting period. (B) (i) The board shall promulgate rules that shall establish policies and procedures for waiver of the waiting period. (ii) The board may make additions, amendments, changes, or alterations to the rules in accordance with the Arkansas Administrative Procedure Act, § 25-15-201 et seq. (d) (1) Except as provided in subdivision (d)(3) and subsection (e) of this section, if an application for pardon, commutation of sentence, or remission of fine or forfeiture of a person sentenced to life imprisonment without parole is denied in writing by the Governor, the person filing the application shall not be eligible to file a new application for pardon, commutation of sentence, or remission of fine or forfeiture related to the same offense for a period of: (A) Seven (7) years from the date of the denial; or (B) Nine (9) years from the date of the denial if the applicant is serving a sentence of life without parole for capital murder, § 5-10-101 . (2) If an application for pardon, commutation of sentence, or remission of fine or forfeiture of a person sentenced to life imprisonment without parole is denied by the Governor pursuant to subsection (b) of this section, the person filing the application may immediately file a new application for pardon, commutation of sentence, or remission of fine or forfeiture related to the same offense. (3) (A) The board or the Governor may waive the waiting period for filing a new application for pardon, commutation of sentence, or remission of fine or forfeiture described in subdivision (d)(1) of this section if: (i) It has been at least twelve (12) months after the date of filing the application that was denied; and (ii) The board determines that the person whose application was denied has established that: (a) New material evidence relating to the person's guilt or punishment has been discovered; (b) The person's physical or mental health has substantially deteriorated; or (c) Other meritorious circumstances justify a waiver of the waiting period. (B) (i) The board shall promulgate rules that shall establish policies and procedures for waiver of the waiting period. (ii) The board may make additions, amendments, changes, or alterations to the rules in accordance with the Arkansas Administrative Procedure Act, § 25-15-201 et seq. (e) (1) The Governor may specify that a denial in writing of an application for pardon, commutation of sentence, or remission of fine or forfeiture is with prejudice. (2) If the Governor denies an application with prejudice, the applicant is barred from filing any subsequent application for pardon, commutation of sentence, or remission of fine or forfeiture while the Governor who issued the denial with prejudice serves as Governor. (3) The effect of this subsection is in addition to any other waiting period specified by this section. (f) If an application for pardon, commutation of sentence, or remission of fine is granted, the Governor shall: (1) Include in his or her written order the reasons for granting the application; and (2) File with the Senate and the House of Representatives a copy of the order that includes: (A) The applicant's name; (B) The offense of which the applicant was convicted; (C) The sentence imposed upon the applicant; (D) The date that the sentence was imposed; and (E) The effective date of the pardon, commutation of sentence, or remission of fine. (g) (1) This section shall not apply to reprieves. (2) Reprieves may be granted as presently provided by law. Amended by Act 2023, No. 659,§ 172, eff. 1/1/2024. Amended by Act 2023, No. 659,§ 171, eff. 1/1/2024. Amended by Act 2023, No. 659,§ 170, eff. 1/1/2024. Amended by Act 2023, No. 742,§ 1, eff. 8/1/2023. Amended by Act 2019, No. 910,§ 890, eff. 7/1/2019. Amended by Act 2013, No. 131,§ 2, eff. 8/16/2013. Amended by Act 2013, No. 131,§ 1, eff. 8/16/2013. Acts 1993, No. 5, §§ 1-4; 1995, No. 1195, § 1; 1999, No. 498, § 2; 2005, No. 1975, §§ 4, 5; 2005, No. 2097, § 2; 2007, No. 183, § 1; 2011, No. 1169, § 1.

(a) (1) (A) At least thirty (30) days before granting an application for pardon, commutation of sentence, or remission of fine or forfeiture, the Governor shall file with the Secretary of State a notice of his or her intention to grant the application. (B) The Governor shall also direct the Division of Correction to send notice of his or her intention to the judge, the prosecuting attorney, and the county sheriff of the county in which the applicant was convicted and, if applicable, to the victim or the victim's next of kin. (2) The filing of the notice shall not preclude the Governor from later denying the application, but any pardon, commutation of sentence, or remission of fine or forfeiture granted without filing the notice shall be null and void.

(1) (A) At least thirty (30) days before granting an application for pardon, commutation of sentence, or remission of fine or forfeiture, the Governor shall file with the Secretary of State a notice of his or her intention to grant the application. (B) The Governor shall also direct the Division of Correction to send notice of his or her intention to the judge, the prosecuting attorney, and the county sheriff of the county in which the applicant was convicted and, if applicable, to the victim or the victim's next of kin.

(A) At least thirty (30) days before granting an application for pardon, commutation of sentence, or remission of fine or forfeiture, the Governor shall file with the Secretary of State a notice of his or her intention to grant the application.

(B) The Governor shall also direct the Division of Correction to send notice of his or her intention to the judge, the prosecuting attorney, and the county sheriff of the county in which the applicant was convicted and, if applicable, to the victim or the victim's next of kin.

(2) The filing of the notice shall not preclude the Governor from later denying the application, but any pardon, commutation of sentence, or remission of fine or forfeiture granted without filing the notice shall be null and void.

(b) If the Governor does not grant an application for pardon, commutation of sentence, or remission of fine or forfeiture within two hundred forty (240) days of the Governor's receipt of the recommendation of the Post-Prison Transfer Board regarding the application, the application shall be deemed denied by the Governor, and any pardon, commutation of sentence, or remission of fine or forfeiture granted after the two-hundred-forty-day period shall be null and void.

(c) (1) Except as provided in subdivision (c)(3), subsection (d), and subsection (e) of this section, if an application for pardon, commutation of sentence, or remission of fine or forfeiture is denied in writing by the Governor, the person filing the application shall not be eligible to file a new application for pardon, commutation of sentence, or remission of fine or forfeiture related to the same offense for a period of five (5) years from the date of the denial. (2) If an application for pardon, commutation of sentence, or remission of fine or forfeiture is denied by the Governor pursuant to subsection (b) of this section, the person filing the application may immediately file a new application for pardon, commutation of sentence, or remission of fine or forfeiture related to the same offense. (3) (A) The board may waive the waiting period for filing a new application for pardon, commutation of sentence, or remission of fine or forfeiture described in subdivision (c)(1) of this section if: (i) It has been at least twelve (12) months after the date of filing the application that was denied; and (ii) The board determines that the person whose application was denied has established that: (a) New material evidence relating to the person's guilt or punishment has been discovered; (b) The person's physical or mental health has substantially deteriorated; or (c) Other meritorious circumstances justify a waiver of the waiting period. (B) (i) The board shall promulgate rules that shall establish policies and procedures for waiver of the waiting period. (ii) The board may make additions, amendments, changes, or alterations to the rules in accordance with the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

(1) Except as provided in subdivision (c)(3), subsection (d), and subsection (e) of this section, if an application for pardon, commutation of sentence, or remission of fine or forfeiture is denied in writing by the Governor, the person filing the application shall not be eligible to file a new application for pardon, commutation of sentence, or remission of fine or forfeiture related to the same offense for a period of five (5) years from the date of the denial.

(2) If an application for pardon, commutation of sentence, or remission of fine or forfeiture is denied by the Governor pursuant to subsection (b) of this section, the person filing the application may immediately file a new application for pardon, commutation of sentence, or remission of fine or forfeiture related to the same offense.

(3) (A) The board may waive the waiting period for filing a new application for pardon, commutation of sentence, or remission of fine or forfeiture described in subdivision (c)(1) of this section if: (i) It has been at least twelve (12) months after the date of filing the application that was denied; and (ii) The board determines that the person whose application was denied has established that: (a) New material evidence relating to the person's guilt or punishment has been discovered; (b) The person's physical or mental health has substantially deteriorated; or (c) Other meritorious circumstances justify a waiver of the waiting period. (B) (i) The board shall promulgate rules that shall establish policies and procedures for waiver of the waiting period. (ii) The board may make additions, amendments, changes, or alterations to the rules in accordance with the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

(A) The board may waive the waiting period for filing a new application for pardon, commutation of sentence, or remission of fine or forfeiture described in subdivision (c)(1) of this section if: (i) It has been at least twelve (12) months after the date of filing the application that was denied; and (ii) The board determines that the person whose application was denied has established that: (a) New material evidence relating to the person's guilt or punishment has been discovered; (b) The person's physical or mental health has substantially deteriorated; or (c) Other meritorious circumstances justify a waiver of the waiting period.

(i) It has been at least twelve (12) months after the date of filing the application that was denied; and

(ii) The board determines that the person whose application was denied has established that: (a) New material evidence relating to the person's guilt or punishment has been discovered; (b) The person's physical or mental health has substantially deteriorated; or (c) Other meritorious circumstances justify a waiver of the waiting period.

(a) New material evidence relating to the person's guilt or punishment has been discovered;

(b) The person's physical or mental health has substantially deteriorated; or

(c) Other meritorious circumstances justify a waiver of the waiting period.

(B) (i) The board shall promulgate rules that shall establish policies and procedures for waiver of the waiting period. (ii) The board may make additions, amendments, changes, or alterations to the rules in accordance with the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

(i) The board shall promulgate rules that shall establish policies and procedures for waiver of the waiting period.

(ii) The board may make additions, amendments, changes, or alterations to the rules in accordance with the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

(d) (1) Except as provided in subdivision (d)(3) and subsection (e) of this section, if an application for pardon, commutation of sentence, or remission of fine or forfeiture of a person sentenced to life imprisonment without parole is denied in writing by the Governor, the person filing the application shall not be eligible to file a new application for pardon, commutation of sentence, or remission of fine or forfeiture related to the same offense for a period of: (A) Seven (7) years from the date of the denial; or (B) Nine (9) years from the date of the denial if the applicant is serving a sentence of life without parole for capital murder, § 5-10-101 . (2) If an application for pardon, commutation of sentence, or remission of fine or forfeiture of a person sentenced to life imprisonment without parole is denied by the Governor pursuant to subsection (b) of this section, the person filing the application may immediately file a new application for pardon, commutation of sentence, or remission of fine or forfeiture related to the same offense. (3) (A) The board or the Governor may waive the waiting period for filing a new application for pardon, commutation of sentence, or remission of fine or forfeiture described in subdivision (d)(1) of this section if: (i) It has been at least twelve (12) months after the date of filing the application that was denied; and (ii) The board determines that the person whose application was denied has established that: (a) New material evidence relating to the person's guilt or punishment has been discovered; (b) The person's physical or mental health has substantially deteriorated; or (c) Other meritorious circumstances justify a waiver of the waiting period. (B) (i) The board shall promulgate rules that shall establish policies and procedures for waiver of the waiting period. (ii) The board may make additions, amendments, changes, or alterations to the rules in accordance with the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

(1) Except as provided in subdivision (d)(3) and subsection (e) of this section, if an application for pardon, commutation of sentence, or remission of fine or forfeiture of a person sentenced to life imprisonment without parole is denied in writing by the Governor, the person filing the application shall not be eligible to file a new application for pardon, commutation of sentence, or remission of fine or forfeiture related to the same offense for a period of: (A) Seven (7) years from the date of the denial; or (B) Nine (9) years from the date of the denial if the applicant is serving a sentence of life without parole for capital murder, § 5-10-101 .

(A) Seven (7) years from the date of the denial; or

(B) Nine (9) years from the date of the denial if the applicant is serving a sentence of life without parole for capital murder, § 5-10-101 .

(2) If an application for pardon, commutation of sentence, or remission of fine or forfeiture of a person sentenced to life imprisonment without parole is denied by the Governor pursuant to subsection (b) of this section, the person filing the application may immediately file a new application for pardon, commutation of sentence, or remission of fine or forfeiture related to the same offense.

(3) (A) The board or the Governor may waive the waiting period for filing a new application for pardon, commutation of sentence, or remission of fine or forfeiture described in subdivision (d)(1) of this section if: (i) It has been at least twelve (12) months after the date of filing the application that was denied; and (ii) The board determines that the person whose application was denied has established that: (a) New material evidence relating to the person's guilt or punishment has been discovered; (b) The person's physical or mental health has substantially deteriorated; or (c) Other meritorious circumstances justify a waiver of the waiting period. (B) (i) The board shall promulgate rules that shall establish policies and procedures for waiver of the waiting period. (ii) The board may make additions, amendments, changes, or alterations to the rules in accordance with the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

(A) The board or the Governor may waive the waiting period for filing a new application for pardon, commutation of sentence, or remission of fine or forfeiture described in subdivision (d)(1) of this section if: (i) It has been at least twelve (12) months after the date of filing the application that was denied; and (ii) The board determines that the person whose application was denied has established that: (a) New material evidence relating to the person's guilt or punishment has been discovered; (b) The person's physical or mental health has substantially deteriorated; or (c) Other meritorious circumstances justify a waiver of the waiting period.

(i) It has been at least twelve (12) months after the date of filing the application that was denied; and

(ii) The board determines that the person whose application was denied has established that: (a) New material evidence relating to the person's guilt or punishment has been discovered; (b) The person's physical or mental health has substantially deteriorated; or (c) Other meritorious circumstances justify a waiver of the waiting period.

(a) New material evidence relating to the person's guilt or punishment has been discovered;

(b) The person's physical or mental health has substantially deteriorated; or

(c) Other meritorious circumstances justify a waiver of the waiting period.

(B) (i) The board shall promulgate rules that shall establish policies and procedures for waiver of the waiting period. (ii) The board may make additions, amendments, changes, or alterations to the rules in accordance with the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

(i) The board shall promulgate rules that shall establish policies and procedures for waiver of the waiting period.

(ii) The board may make additions, amendments, changes, or alterations to the rules in accordance with the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

(e) (1) The Governor may specify that a denial in writing of an application for pardon, commutation of sentence, or remission of fine or forfeiture is with prejudice. (2) If the Governor denies an application with prejudice, the applicant is barred from filing any subsequent application for pardon, commutation of sentence, or remission of fine or forfeiture while the Governor who issued the denial with prejudice serves as Governor. (3) The effect of this subsection is in addition to any other waiting period specified by this section.

(1) The Governor may specify that a denial in writing of an application for pardon, commutation of sentence, or remission of fine or forfeiture is with prejudice.

(2) If the Governor denies an application with prejudice, the applicant is barred from filing any subsequent application for pardon, commutation of sentence, or remission of fine or forfeiture while the Governor who issued the denial with prejudice serves as Governor.

(3) The effect of this subsection is in addition to any other waiting period specified by this section.

(f) If an application for pardon, commutation of sentence, or remission of fine is granted, the Governor shall: (1) Include in his or her written order the reasons for granting the application; and (2) File with the Senate and the House of Representatives a copy of the order that includes: (A) The applicant's name; (B) The offense of which the applicant was convicted; (C) The sentence imposed upon the applicant; (D) The date that the sentence was imposed; and (E) The effective date of the pardon, commutation of sentence, or remission of fine.

(1) Include in his or her written order the reasons for granting the application; and

(2) File with the Senate and the House of Representatives a copy of the order that includes: (A) The applicant's name; (B) The offense of which the applicant was convicted; (C) The sentence imposed upon the applicant; (D) The date that the sentence was imposed; and (E) The effective date of the pardon, commutation of sentence, or remission of fine.

(A) The applicant's name;

(B) The offense of which the applicant was convicted;

(C) The sentence imposed upon the applicant;

(D) The date that the sentence was imposed; and

(E) The effective date of the pardon, commutation of sentence, or remission of fine.

(g) (1) This section shall not apply to reprieves. (2) Reprieves may be granted as presently provided by law.

(1) This section shall not apply to reprieves.

(2) Reprieves may be granted as presently provided by law.

Amended by Act 2023, No. 659,§ 172, eff. 1/1/2024.

Amended by Act 2023, No. 659,§ 171, eff. 1/1/2024.

Amended by Act 2023, No. 659,§ 170, eff. 1/1/2024.

Amended by Act 2023, No. 742,§ 1, eff. 8/1/2023.

Amended by Act 2019, No. 910,§ 890, eff. 7/1/2019.

Amended by Act 2013, No. 131,§ 2, eff. 8/16/2013.

Amended by Act 2013, No. 131,§ 1, eff. 8/16/2013.

Acts 1993, No. 5, §§ 1-4; 1995, No. 1195, § 1; 1999, No. 498, § 2; 2005, No. 1975, §§ 4, 5; 2005, No. 2097, § 2; 2007, No. 183, § 1; 2011, No. 1169, § 1.
Ark. Code Ann. § 16-90-311 — AR Code / Title 16 / Chapter 90 / Subchapter 3 / Section 16-90-311
Restitution for audit investigation costs
Status: in_force

(a) When any defendant is found guilty of or pleads guilty or nolo contendere to theft or any other offense affecting property held by or belonging to the State of Arkansas or any political subdivision of the state, and Arkansas Legislative Audit has incurred costs in the investigation of the transactions, the court shall require as part of the sentence the payment of restitution for the audit investigation costs to be payable to Arkansas Legislative Audit. (b) (1) The court shall set the amount of restitution based on audit investigative costs records provided by Arkansas Legislative Audit. (2) Any amounts received by the state or a political subdivision from the Self-Insured Fidelity Bond Program, § 21-2-701 et seq., or other third-party bonds as a result of the defendant's actions shall not reduce the amount of restitution required to be paid by the defendant. Acts 2005, No. 904, § 1.

(a) When any defendant is found guilty of or pleads guilty or nolo contendere to theft or any other offense affecting property held by or belonging to the State of Arkansas or any political subdivision of the state, and Arkansas Legislative Audit has incurred costs in the investigation of the transactions, the court shall require as part of the sentence the payment of restitution for the audit investigation costs to be payable to Arkansas Legislative Audit.

(b) (1) The court shall set the amount of restitution based on audit investigative costs records provided by Arkansas Legislative Audit. (2) Any amounts received by the state or a political subdivision from the Self-Insured Fidelity Bond Program, § 21-2-701 et seq., or other third-party bonds as a result of the defendant's actions shall not reduce the amount of restitution required to be paid by the defendant.

(1) The court shall set the amount of restitution based on audit investigative costs records provided by Arkansas Legislative Audit.

(2) Any amounts received by the state or a political subdivision from the Self-Insured Fidelity Bond Program, § 21-2-701 et seq., or other third-party bonds as a result of the defendant's actions shall not reduce the amount of restitution required to be paid by the defendant.

Acts 2005, No. 904, § 1.
Ark. Code Ann. § 16-13-2702 — AR Code / Title 16 / Chapter 13 / Subchapter 27 / Section 16-13-2702
Terms of court
Status: in_force

The terms of court in each county in the Nineteenth Judicial District shall commence on the dates set forth below: (1) Benton County: On the third Mondays in March and September; and (2) Carroll County: On the third Mondays in February and August. Acts 1887, No. 38, § 3, p. 47; 1887, No. 62, § 1, p. 88; 1967, No. 304, §§ 1, 3; A.S.A. 1947, § 22-310.

The terms of court in each county in the Nineteenth Judicial District shall commence on the dates set forth below:

(1) Benton County: On the third Mondays in March and September; and

(2) Carroll County: On the third Mondays in February and August.

Acts 1887, No. 38, § 3, p. 47; 1887, No. 62, § 1, p. 88; 1967, No. 304, §§ 1, 3; A.S.A. 1947, § 22-310.
Ark. Code Ann. § 16-21-1106 — AR Code / Title 16 / Chapter 21 / Subchapter 11 / Section 16-21-1106
Local appropriation for Pulaski County Division
Status: in_force

The Pulaski County Quorum Court shall appropriate not less than one hundred eighty-two thousand two hundred fifty dollars ($182,250) in funds for the maintenance and operations account of the Pulaski County Division of the office of the Prosecuting Attorney of the Sixth Judicial District. Acts 1993, No. 997, § 6; 1995, No. 803, § 6; 1997, No. 522, § 1.

The Pulaski County Quorum Court shall appropriate not less than one hundred eighty-two thousand two hundred fifty dollars ($182,250) in funds for the maintenance and operations account of the Pulaski County Division of the office of the Prosecuting Attorney of the Sixth Judicial District.

Acts 1993, No. 997, § 6; 1995, No. 803, § 6; 1997, No. 522, § 1.
Ark. Code Ann. § 16-13-1205 — AR Code / Title 16 / Chapter 13 / Subchapter 12 / Section 16-13-1205
Additional judgeship
Status: in_force

(a) Effective January 1, 1999, there is hereby created in the Fourth Judicial District an additional circuit-chancery judgeship, which shall have jurisdiction in law, equity, and probate. (b) The qualified electors of the Fourth Judicial District shall elect the additional circuit-chancery judge created in subsection (a) of this section at the November 1998 general election to take office on January 1, 1999. The additional judge shall be elected in the same manner and shall satisfy the same qualifications for holding office and shall receive the same salary, expenses, and other allowances as provided by law for judges of the circuit-chancery courts. The judge shall serve for elected terms of four (4) years. Acts 1997, No. 319, § 1.

(a) Effective January 1, 1999, there is hereby created in the Fourth Judicial District an additional circuit-chancery judgeship, which shall have jurisdiction in law, equity, and probate.

(b) The qualified electors of the Fourth Judicial District shall elect the additional circuit-chancery judge created in subsection (a) of this section at the November 1998 general election to take office on January 1, 1999. The additional judge shall be elected in the same manner and shall satisfy the same qualifications for holding office and shall receive the same salary, expenses, and other allowances as provided by law for judges of the circuit-chancery courts. The judge shall serve for elected terms of four (4) years.

Acts 1997, No. 319, § 1.
Ark. Code Ann. § 16-93-206 — AR Code / Title 16 / Chapter 93 / Subchapter 2 / Section 16-93-206
Parole, post-release supervision, or transfer revocation review - Jurisdiction
Status: in_force

(a) The Post-Prison Transfer Board shall serve as the revocation review board for any person subject to either parole, post-release supervision, or transfer from prison. (b) Revocation proceedings for either parole, post-release supervision, or transfer shall follow all legal requirements applicable to parole, post-release supervision, or transfer and shall be subject to any additional policies and rules set by the board. Amended by Act 2023, No. 659,§ 169, eff. 1/1/2024. Amended by Act 2019, No. 315,§ 1308, eff. 7/24/2019. Acts 1993, No. 530, § 2; 1993, No. 547, § 2; 1994 (1st Ex. Sess.), No. 8, § 1; 1994 (1st Ex. Sess.), No. 9, § 1; 1999, No. 1035, § 1; 2003, No. 1390, § 9; 2007, No. 600, § 1; 2007, No. 866, § 1; 2011, No. 570, § 87.

(a) The Post-Prison Transfer Board shall serve as the revocation review board for any person subject to either parole, post-release supervision, or transfer from prison.

(b) Revocation proceedings for either parole, post-release supervision, or transfer shall follow all legal requirements applicable to parole, post-release supervision, or transfer and shall be subject to any additional policies and rules set by the board.

Amended by Act 2023, No. 659,§ 169, eff. 1/1/2024.

Amended by Act 2019, No. 315,§ 1308, eff. 7/24/2019.

Acts 1993, No. 530, § 2; 1993, No. 547, § 2; 1994 (1st Ex. Sess.), No. 8, § 1; 1994 (1st Ex. Sess.), No. 9, § 1; 1999, No. 1035, § 1; 2003, No. 1390, § 9; 2007, No. 600, § 1; 2007, No. 866, § 1; 2011, No. 570, § 87.
Ark. Code Ann. § 16-21-158 — AR Code / Title 16 / Chapter 21 / Subchapter 1 / Section 16-21-158
Hour limitations - Part-time deputy prosecuting attorneys
Status: in_force

There are no upper limit restrictions on the number of hours which a part-time deputy prosecuting attorney may work. Acts 1999, No. 1044, § 12.

There are no upper limit restrictions on the number of hours which a part-time deputy prosecuting attorney may work.

Acts 1999, No. 1044, § 12.
Ark. Code Ann. § 16-17-939 — AR Code / Title 16 / Chapter 17 / Subchapter 9 / Section 16-17-939
Conway County District Court
Status: in_force

(a) (1) Conway County shall have one (1) district court with four (4) departments: (A) One (1) located in Morrilton; (B) One (1) located in Menifee; (C) One (1) located in Oppelo; and (D) One (1) located in Plumerville. (2) All four (4) departments are to be served by one (1) judge. (b) The Conway County District Court Judge shall be elected countywide. (c) The Conway County District Court shall have countywide jurisdiction. Amended by Act 2017, No. 723,§ 1, eff. 8/1/2017. Acts 2007, No. 663, § 51; 2011, No. 1218, § 6.

(a) (1) Conway County shall have one (1) district court with four (4) departments: (A) One (1) located in Morrilton; (B) One (1) located in Menifee; (C) One (1) located in Oppelo; and (D) One (1) located in Plumerville. (2) All four (4) departments are to be served by one (1) judge.

(1) Conway County shall have one (1) district court with four (4) departments: (A) One (1) located in Morrilton; (B) One (1) located in Menifee; (C) One (1) located in Oppelo; and (D) One (1) located in Plumerville.

(A) One (1) located in Morrilton;

(B) One (1) located in Menifee;

(C) One (1) located in Oppelo; and

(D) One (1) located in Plumerville.

(2) All four (4) departments are to be served by one (1) judge.

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

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

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

Acts 2007, No. 663, § 51; 2011, No. 1218, § 6.
Ark. Code Ann. § 16-64-121 — AR Code / Title 16 / Chapter 64 / Section 16-64-121
Assessment of damages by jury
Status: in_force

When, by the verdict, either party is entitled to recover money of the adverse party, the jury in their verdict must assess the amount of recovery. Civil Code, § 361; C. & M. Dig., § 1305; Pope's Dig., § 1530; A.S.A. 1947, § 27-1742.

When, by the verdict, either party is entitled to recover money of the adverse party, the jury in their verdict must assess the amount of recovery.

Civil Code, § 361; C. & M. Dig., § 1305; Pope's Dig., § 1530; A.S.A. 1947, § 27-1742.
Ark. Code Ann. § 16-90-111 — AR Code / Title 16 / Chapter 90 / Subchapter 1 / Section 16-90-111
Correction or reduction of sentence
Status: in_force

(a) Any circuit court, upon receipt of petition by the aggrieved party for relief and after the notice of the relief has been served on the prosecuting attorney, may correct an illegal sentence at any time and may correct a sentence imposed in an illegal manner within the time provided in this section for the reduction of sentence. (b) (1) The circuit court may reduce a sentence within ninety (90) days after the sentence is imposed or within sixty (60) days after receipt by the circuit court of a mandate issued upon affirmance of the judgment or dismissal of the appeal. (2) The circuit court may also reduce a sentence upon revocation of probation as provided by law. Acts 1983, No. 431, § 1; A.S.A. 1947, § 43-2314; Acts 1987, No. 550, § 1; 1999, No. 578, § 1.

(a) Any circuit court, upon receipt of petition by the aggrieved party for relief and after the notice of the relief has been served on the prosecuting attorney, may correct an illegal sentence at any time and may correct a sentence imposed in an illegal manner within the time provided in this section for the reduction of sentence.

(b) (1) The circuit court may reduce a sentence within ninety (90) days after the sentence is imposed or within sixty (60) days after receipt by the circuit court of a mandate issued upon affirmance of the judgment or dismissal of the appeal. (2) The circuit court may also reduce a sentence upon revocation of probation as provided by law.

(1) The circuit court may reduce a sentence within ninety (90) days after the sentence is imposed or within sixty (60) days after receipt by the circuit court of a mandate issued upon affirmance of the judgment or dismissal of the appeal.

(2) The circuit court may also reduce a sentence upon revocation of probation as provided by law.

Acts 1983, No. 431, § 1; A.S.A. 1947, § 43-2314; Acts 1987, No. 550, § 1; 1999, No. 578, § 1.
Ark. Code Ann. § 16-10-104 — AR Code / Title 16 / Chapter 10 / Subchapter 1 / Section 16-10-104
Courts of record
Status: in_force

The Supreme Court, Court of Appeals, and all circuit and county courts shall be courts of record and shall keep just and faithful records of their proceedings. Rev. Stat., ch. 43, § 13; A.S.A. 1947, § 22-101; Acts 2003, No. 1185, § 39.

The Supreme Court, Court of Appeals, and all circuit and county courts shall be courts of record and shall keep just and faithful records of their proceedings.

Rev. Stat., ch. 43, § 13; A.S.A. 1947, § 22-101; Acts 2003, No. 1185, § 39.
Ark. Code Ann. § 16-120-1205 — AR Code / Title 16 / Chapter 120 / Subchapter 12 / Section 16-120-1205
Exceptions
Status: in_force

(a) A property owner may prohibit an individual from carrying a loaded firearm on the property and remain protected from civil liability under § 16-120-1204 if the individual: (1) Is legally prohibited from carrying a firearm under § 5-73-103 ; (2) Has been convicted of an offense involving: (A) Public intoxication; (B) Sexual misconduct; (C) Violence; (D) Property destruction; or (E) Theft; (3) Is under eighteen (18) years of age; (4) Is consuming alcohol, unlawfully using a controlled substance, or intoxicated while on the property; (5) Is a former employee of the property owner; or (6) Has been arrested for an offense on any property of the property owner and the outcome of that arrest is still pending or resulted in a conviction. (b) A person who believes they have been wrongfully denied the right to carry a loaded firearm on a property based on the property owner invoking one (1) or more of the exceptions under subsection (a) of this section may file a complaint with the county sheriff's office, who shall maintain a record of: (1) The name of a person making the complaint; (2) The names of witnesses to a situation in which a person believes they were wrongfully denied the right to carry a loaded firearm on the property; (3) Contact information for each person making the complaint and any witnesses; and (4) The person's statement as to why he or she believes he or she was wrongfully denied the right to carry a loaded firearm on the property. Added by Act 2023, No. 749,§ 1, eff. 8/1/2023.

(a) A property owner may prohibit an individual from carrying a loaded firearm on the property and remain protected from civil liability under § 16-120-1204 if the individual: (1) Is legally prohibited from carrying a firearm under § 5-73-103 ; (2) Has been convicted of an offense involving: (A) Public intoxication; (B) Sexual misconduct; (C) Violence; (D) Property destruction; or (E) Theft; (3) Is under eighteen (18) years of age; (4) Is consuming alcohol, unlawfully using a controlled substance, or intoxicated while on the property; (5) Is a former employee of the property owner; or (6) Has been arrested for an offense on any property of the property owner and the outcome of that arrest is still pending or resulted in a conviction.

(1) Is legally prohibited from carrying a firearm under § 5-73-103 ;

(2) Has been convicted of an offense involving: (A) Public intoxication; (B) Sexual misconduct; (C) Violence; (D) Property destruction; or (E) Theft;

(A) Public intoxication;

(B) Sexual misconduct;

(C) Violence;

(D) Property destruction; or

(E) Theft;

(3) Is under eighteen (18) years of age;

(4) Is consuming alcohol, unlawfully using a controlled substance, or intoxicated while on the property;

(5) Is a former employee of the property owner; or

(6) Has been arrested for an offense on any property of the property owner and the outcome of that arrest is still pending or resulted in a conviction.

(b) A person who believes they have been wrongfully denied the right to carry a loaded firearm on a property based on the property owner invoking one (1) or more of the exceptions under subsection (a) of this section may file a complaint with the county sheriff's office, who shall maintain a record of: (1) The name of a person making the complaint; (2) The names of witnesses to a situation in which a person believes they were wrongfully denied the right to carry a loaded firearm on the property; (3) Contact information for each person making the complaint and any witnesses; and (4) The person's statement as to why he or she believes he or she was wrongfully denied the right to carry a loaded firearm on the property.

(1) The name of a person making the complaint;

(2) The names of witnesses to a situation in which a person believes they were wrongfully denied the right to carry a loaded firearm on the property;

(3) Contact information for each person making the complaint and any witnesses; and

(4) The person's statement as to why he or she believes he or she was wrongfully denied the right to carry a loaded firearm on the property.

Added by Act 2023, No. 749,§ 1, eff. 8/1/2023.
Ark. Code Ann. § 16-123-323 — AR Code / Title 16 / Chapter 123 / Subchapter 3 / Section 16-123-323
Investigative report
Status: in_force

(a) The Director of the Arkansas Fair Housing Commission shall prepare a final investigative report showing: (1) The names and dates of contacts with witnesses; (2) A summary of correspondence and other contacts with the aggrieved person and the respondent showing the dates of the correspondence and contacts; (3) A summary description of other pertinent records; (4) A summary of witness statements; and (5) Answers to interrogatories. (b) A final report under this section may be amended if additional evidence is later discovered. Acts 2001, No. 1785, § 24.

(a) The Director of the Arkansas Fair Housing Commission shall prepare a final investigative report showing: (1) The names and dates of contacts with witnesses; (2) A summary of correspondence and other contacts with the aggrieved person and the respondent showing the dates of the correspondence and contacts; (3) A summary description of other pertinent records; (4) A summary of witness statements; and (5) Answers to interrogatories.

(1) The names and dates of contacts with witnesses;

(2) A summary of correspondence and other contacts with the aggrieved person and the respondent showing the dates of the correspondence and contacts;

(3) A summary description of other pertinent records;

(4) A summary of witness statements; and

(5) Answers to interrogatories.

(b) A final report under this section may be amended if additional evidence is later discovered.

Acts 2001, No. 1785, § 24.
Ark. Code Ann. § 16-106-107 — AR Code / Title 16 / Chapter 106 / Subchapter 1 / Section 16-106-107
Enforcement of execution
Status: in_force

(a) Whenever an execution against a public debtor shall not be satisfied in the regular course of proceeding and the Attorney General or prosecuting attorney is of the opinion that the lack of satisfaction is caused by fraudulent concealment of the debtor's property, or by any other obstruction thereto, he or she may cause actions to be brought, either in the court in which the judgment was obtained or in any other circuit court within whose jurisdiction the property may be, or the debtor may be found, to set aside the fraudulent conveyances, to remove any obstructions to the execution, or to obtain satisfaction of the judgment. (b) For the purpose of bringing an action, the Attorney General or the prosecuting attorney may employ an attorney to bring the action, or an agent to prepare the suit and attend to the collection of the judgment, and may agree as to a compensation to be paid for their services, either certain or contingent on success. However, the amount of the contingent compensation shall not exceed twenty percent (20%) on the first three hundred dollars ($300) and ten percent (10%) on any excess over that amount. When the compensation is due, the Auditor of State, upon the certificate of the Attorney General or prosecuting attorney, shall issue a warrant on the Treasurer of State. Civil Code, § 489; Acts 1871, No. 48, § 1 [489], p. 219; C. & M. Dig., § 9305; Pope's Dig., § 11991; A.S.A. 1947, § 34-211.

(a) Whenever an execution against a public debtor shall not be satisfied in the regular course of proceeding and the Attorney General or prosecuting attorney is of the opinion that the lack of satisfaction is caused by fraudulent concealment of the debtor's property, or by any other obstruction thereto, he or she may cause actions to be brought, either in the court in which the judgment was obtained or in any other circuit court within whose jurisdiction the property may be, or the debtor may be found, to set aside the fraudulent conveyances, to remove any obstructions to the execution, or to obtain satisfaction of the judgment.

(b) For the purpose of bringing an action, the Attorney General or the prosecuting attorney may employ an attorney to bring the action, or an agent to prepare the suit and attend to the collection of the judgment, and may agree as to a compensation to be paid for their services, either certain or contingent on success. However, the amount of the contingent compensation shall not exceed twenty percent (20%) on the first three hundred dollars ($300) and ten percent (10%) on any excess over that amount. When the compensation is due, the Auditor of State, upon the certificate of the Attorney General or prosecuting attorney, shall issue a warrant on the Treasurer of State.

Civil Code, § 489; Acts 1871, No. 48, § 1 [489], p. 219; C. & M. Dig., § 9305; Pope's Dig., § 11991; A.S.A. 1947, § 34-211.
Ark. Code Ann. § 16-60-108 — AR Code / Title 16 / Chapter 60 / Subchapter 1 / Section 16-60-108
Action by insured or beneficiary against surety on contractor's performance bond
Status: in_force

A civil action brought in this state by or in behalf of an insured or beneficiary against a domestic or foreign surety on a contractor's payment or performance bond may be brought in the county: (1) In which the loss occurred; (2) Of the insured's residence at the time of loss; or (3) Of the beneficiary's residence at the time of loss. Amended by Act 2015, No. 830,§ 2, eff. 7/22/2015. Civil Code, § 95; C. & M. Dig., § 1174; Pope's Dig., § 1396; A.S.A. 1947, § 27-608.

A civil action brought in this state by or in behalf of an insured or beneficiary against a domestic or foreign surety on a contractor's payment or performance bond may be brought in the county:

(1) In which the loss occurred;

(2) Of the insured's residence at the time of loss; or

(3) Of the beneficiary's residence at the time of loss.

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

Civil Code, § 95; C. & M. Dig., § 1174; Pope's Dig., § 1396; A.S.A. 1947, § 27-608.
Ark. Code Ann. § 16-13-1419 — AR Code / Title 16 / Chapter 13 / Subchapter 14 / Section 16-13-1419
Pulaski County - Probate clerk
Status: in_force

(a) The chancery and probate judges of Pulaski County shall designate a probate clerk who shall serve as clerk in all probate matters and as custodian of all probate papers and records. (b) It shall be the duty of the Pulaski County Probate Clerk and clerk's deputies to perform the work and services under the supervision of the Pulaski County chancery and probate judges. (c) (1) The Pulaski County Probate Clerk shall collect all fees related to probate matters, as provided by law. The fees collected shall be paid into the Pulaski County General Fund and dispersed pursuant to law. (2) The salaries of the Pulaski County Probate Clerk and clerk's deputies shall be paid as established by law. Acts 1991, No. 286, §§ 1-4.

(a) The chancery and probate judges of Pulaski County shall designate a probate clerk who shall serve as clerk in all probate matters and as custodian of all probate papers and records.

(b) It shall be the duty of the Pulaski County Probate Clerk and clerk's deputies to perform the work and services under the supervision of the Pulaski County chancery and probate judges.

(c) (1) The Pulaski County Probate Clerk shall collect all fees related to probate matters, as provided by law. The fees collected shall be paid into the Pulaski County General Fund and dispersed pursuant to law. (2) The salaries of the Pulaski County Probate Clerk and clerk's deputies shall be paid as established by law.

(1) The Pulaski County Probate Clerk shall collect all fees related to probate matters, as provided by law. The fees collected shall be paid into the Pulaski County General Fund and dispersed pursuant to law.

(2) The salaries of the Pulaski County Probate Clerk and clerk's deputies shall be paid as established by law.

Acts 1991, No. 286, §§ 1-4.
Ark. Code Ann. § 16-17-942 — AR Code / Title 16 / Chapter 17 / Subchapter 9 / Section 16-17-942
[Repealed]
Status: repealed

Repealed by Act 2017, No. 723,§ 1, eff. 8/1/2017. Acts 2007, No. 663, § 51.

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

Acts 2007, No. 663, § 51.
Ark. Code Ann. § 16-10-205 — AR Code / Title 16 / Chapter 10 / Subchapter 2 / Section 16-10-205
Citations
Status: in_force

(a) Each municipal police department, city or town marshal, and county sheriff's office shall maintain and issue uniform written citations or electronic citations for violation of all municipal and state laws. (b) (1) All uniform written citation books must be prenumbered by the printer and a printer's certificate shall be furnished to the police department, marshal's office, or sheriff's office, and the certificate shall be made available for inspection. (2) The certificate must state the printing date, the numerical sequence of citations printed, and the printer's name. (c) All void or spoiled written citations must be accounted for by attaching all copies to the hard copy in the uniform citation book. (d) (1) All written citations must have at least an original and three (3) copies used and distributed as follows: (A) Hard copy: Violator's copy; (B) White copy: Police department, marshal's office, or sheriff's office copy; (C) (i) Yellow copy: Court clerk's copy, to be forwarded to the Office of Driver Services as provided in this subdivision (d)(1)(C). (ii) Within five (5) business days after a conviction or forfeiture of bail of a person charged with a violation of any law regulating the operation of vehicles on a highway, § 3-3-203(a) or § 5-27-503(a)(3) , the clerk shall forward the yellow copy covering the case in which the person was convicted or forfeited bail. (iii) The yellow copy shall be certified by the person required to prepare it and shall include the name and address of the party charged, the registration number of the vehicle involved, the nature of the offense, the date of hearing, the plea, the judgment or whether bail was forfeited, and the amount of the fine or forfeiture. (iv) Within five (5) business days after the disposition of any case, the clerk shall forward the yellow copy of the citation and the resulting disposition of the case. (v) A court using the case management system provided by the Administrative Office of the Courts or the electronic reporting system of the Office of Driver Services is not required to submit the yellow copy to the Office of Driver Services but must enter the disposition or judgment of conviction into the case management system or the electronic reporting system within the time required in this section; and (D) Pink copy: Remains in uniform citation book. (2) The citations shall be given to the police department, marshal's office, sheriff's office, or court clerk at least seven (7) business days before the court date. (e) If an electronic citation is used: (1) The electronic citation shall indicate whether or not there was a person under eighteen (18) years of age present at the time of the offense for which the electronic citation was issued; (2) A printed copy of the electronic citation shall be given to the violator; (3) A copy of the electronic citation must be maintained by the issuing police department, marshal's office, or county sheriff's office; and (4) (A) A copy of the electronic citation shall be forwarded to the court clerk in either electronic or written format, as designated by the court clerk, at least seven (7) business days before the court date. (B) The court clerk's copy shall be forwarded to the Office of Driver Services as provided in subdivision (d)(1)(C) of this section. (f) If an electronic citation system is used, the system must be in compliance with the Information Systems Best Practices Checklist provided by the Legislative Joint Auditing Committee. (g) Controls for citations. (1) A list of all uniform written citation books and the corresponding range of citations in each book shall be kept in the police department, office of city or town marshal, or sheriff's office. (2) The chief of police, marshal, or sheriff shall issue the uniform written citation books, unless the chief of police, marshal, or sheriff designates in writing another person to perform this duty. (3) The chief of police, marshal, or sheriff shall ensure that all citations issued are entered on the arrest report or in the electronic case management system. (4) Upon completion, each uniform written citation book shall immediately be filed with the court clerk and made available for inspection. (5) Upon case adjudication, the police department, office of city or town marshal, or sheriff's office shall file its copy of the citation either alphabetically or numerically. (h) A citation issued by a school resource officer under § 16-81-118 is exempt from the requirements of this section. Amended by Act 2017, No. 714,§ 3, eff. 8/1/2017. Amended by Act 2015, No. 1179,§ 2, eff. 7/22/2015. Acts 1977, No. 332, § 4; A.S.A. 1947, § 22-1104; Acts 2009, No. 456, § 1; 2011, No. 44, § 1; 2011, No. 908, § 3; 2011, No. 1174, § 3.

(a) Each municipal police department, city or town marshal, and county sheriff's office shall maintain and issue uniform written citations or electronic citations for violation of all municipal and state laws.

(b) (1) All uniform written citation books must be prenumbered by the printer and a printer's certificate shall be furnished to the police department, marshal's office, or sheriff's office, and the certificate shall be made available for inspection. (2) The certificate must state the printing date, the numerical sequence of citations printed, and the printer's name.

(1) All uniform written citation books must be prenumbered by the printer and a printer's certificate shall be furnished to the police department, marshal's office, or sheriff's office, and the certificate shall be made available for inspection.

(2) The certificate must state the printing date, the numerical sequence of citations printed, and the printer's name.

(c) All void or spoiled written citations must be accounted for by attaching all copies to the hard copy in the uniform citation book.

(d) (1) All written citations must have at least an original and three (3) copies used and distributed as follows: (A) Hard copy: Violator's copy; (B) White copy: Police department, marshal's office, or sheriff's office copy; (C) (i) Yellow copy: Court clerk's copy, to be forwarded to the Office of Driver Services as provided in this subdivision (d)(1)(C). (ii) Within five (5) business days after a conviction or forfeiture of bail of a person charged with a violation of any law regulating the operation of vehicles on a highway, § 3-3-203(a) or § 5-27-503(a)(3) , the clerk shall forward the yellow copy covering the case in which the person was convicted or forfeited bail. (iii) The yellow copy shall be certified by the person required to prepare it and shall include the name and address of the party charged, the registration number of the vehicle involved, the nature of the offense, the date of hearing, the plea, the judgment or whether bail was forfeited, and the amount of the fine or forfeiture. (iv) Within five (5) business days after the disposition of any case, the clerk shall forward the yellow copy of the citation and the resulting disposition of the case. (v) A court using the case management system provided by the Administrative Office of the Courts or the electronic reporting system of the Office of Driver Services is not required to submit the yellow copy to the Office of Driver Services but must enter the disposition or judgment of conviction into the case management system or the electronic reporting system within the time required in this section; and (D) Pink copy: Remains in uniform citation book. (2) The citations shall be given to the police department, marshal's office, sheriff's office, or court clerk at least seven (7) business days before the court date.

(1) All written citations must have at least an original and three (3) copies used and distributed as follows: (A) Hard copy: Violator's copy; (B) White copy: Police department, marshal's office, or sheriff's office copy; (C) (i) Yellow copy: Court clerk's copy, to be forwarded to the Office of Driver Services as provided in this subdivision (d)(1)(C). (ii) Within five (5) business days after a conviction or forfeiture of bail of a person charged with a violation of any law regulating the operation of vehicles on a highway, § 3-3-203(a) or § 5-27-503(a)(3) , the clerk shall forward the yellow copy covering the case in which the person was convicted or forfeited bail. (iii) The yellow copy shall be certified by the person required to prepare it and shall include the name and address of the party charged, the registration number of the vehicle involved, the nature of the offense, the date of hearing, the plea, the judgment or whether bail was forfeited, and the amount of the fine or forfeiture. (iv) Within five (5) business days after the disposition of any case, the clerk shall forward the yellow copy of the citation and the resulting disposition of the case. (v) A court using the case management system provided by the Administrative Office of the Courts or the electronic reporting system of the Office of Driver Services is not required to submit the yellow copy to the Office of Driver Services but must enter the disposition or judgment of conviction into the case management system or the electronic reporting system within the time required in this section; and (D) Pink copy: Remains in uniform citation book.

(A) Hard copy: Violator's copy;

(B) White copy: Police department, marshal's office, or sheriff's office copy;

(C) (i) Yellow copy: Court clerk's copy, to be forwarded to the Office of Driver Services as provided in this subdivision (d)(1)(C). (ii) Within five (5) business days after a conviction or forfeiture of bail of a person charged with a violation of any law regulating the operation of vehicles on a highway, § 3-3-203(a) or § 5-27-503(a)(3) , the clerk shall forward the yellow copy covering the case in which the person was convicted or forfeited bail. (iii) The yellow copy shall be certified by the person required to prepare it and shall include the name and address of the party charged, the registration number of the vehicle involved, the nature of the offense, the date of hearing, the plea, the judgment or whether bail was forfeited, and the amount of the fine or forfeiture. (iv) Within five (5) business days after the disposition of any case, the clerk shall forward the yellow copy of the citation and the resulting disposition of the case. (v) A court using the case management system provided by the Administrative Office of the Courts or the electronic reporting system of the Office of Driver Services is not required to submit the yellow copy to the Office of Driver Services but must enter the disposition or judgment of conviction into the case management system or the electronic reporting system within the time required in this section; and

(i) Yellow copy: Court clerk's copy, to be forwarded to the Office of Driver Services as provided in this subdivision (d)(1)(C).

(ii) Within five (5) business days after a conviction or forfeiture of bail of a person charged with a violation of any law regulating the operation of vehicles on a highway, § 3-3-203(a) or § 5-27-503(a)(3) , the clerk shall forward the yellow copy covering the case in which the person was convicted or forfeited bail.

(iii) The yellow copy shall be certified by the person required to prepare it and shall include the name and address of the party charged, the registration number of the vehicle involved, the nature of the offense, the date of hearing, the plea, the judgment or whether bail was forfeited, and the amount of the fine or forfeiture.

(iv) Within five (5) business days after the disposition of any case, the clerk shall forward the yellow copy of the citation and the resulting disposition of the case.

(v) A court using the case management system provided by the Administrative Office of the Courts or the electronic reporting system of the Office of Driver Services is not required to submit the yellow copy to the Office of Driver Services but must enter the disposition or judgment of conviction into the case management system or the electronic reporting system within the time required in this section; and

(D) Pink copy: Remains in uniform citation book.

(2) The citations shall be given to the police department, marshal's office, sheriff's office, or court clerk at least seven (7) business days before the court date.

(e) If an electronic citation is used: (1) The electronic citation shall indicate whether or not there was a person under eighteen (18) years of age present at the time of the offense for which the electronic citation was issued; (2) A printed copy of the electronic citation shall be given to the violator; (3) A copy of the electronic citation must be maintained by the issuing police department, marshal's office, or county sheriff's office; and (4) (A) A copy of the electronic citation shall be forwarded to the court clerk in either electronic or written format, as designated by the court clerk, at least seven (7) business days before the court date. (B) The court clerk's copy shall be forwarded to the Office of Driver Services as provided in subdivision (d)(1)(C) of this section.

(1) The electronic citation shall indicate whether or not there was a person under eighteen (18) years of age present at the time of the offense for which the electronic citation was issued;

(2) A printed copy of the electronic citation shall be given to the violator;

(3) A copy of the electronic citation must be maintained by the issuing police department, marshal's office, or county sheriff's office; and

(4) (A) A copy of the electronic citation shall be forwarded to the court clerk in either electronic or written format, as designated by the court clerk, at least seven (7) business days before the court date. (B) The court clerk's copy shall be forwarded to the Office of Driver Services as provided in subdivision (d)(1)(C) of this section.

(A) A copy of the electronic citation shall be forwarded to the court clerk in either electronic or written format, as designated by the court clerk, at least seven (7) business days before the court date.

(B) The court clerk's copy shall be forwarded to the Office of Driver Services as provided in subdivision (d)(1)(C) of this section.

(f) If an electronic citation system is used, the system must be in compliance with the Information Systems Best Practices Checklist provided by the Legislative Joint Auditing Committee.

(g) Controls for citations. (1) A list of all uniform written citation books and the corresponding range of citations in each book shall be kept in the police department, office of city or town marshal, or sheriff's office. (2) The chief of police, marshal, or sheriff shall issue the uniform written citation books, unless the chief of police, marshal, or sheriff designates in writing another person to perform this duty. (3) The chief of police, marshal, or sheriff shall ensure that all citations issued are entered on the arrest report or in the electronic case management system. (4) Upon completion, each uniform written citation book shall immediately be filed with the court clerk and made available for inspection. (5) Upon case adjudication, the police department, office of city or town marshal, or sheriff's office shall file its copy of the citation either alphabetically or numerically.

(1) A list of all uniform written citation books and the corresponding range of citations in each book shall be kept in the police department, office of city or town marshal, or sheriff's office.

(2) The chief of police, marshal, or sheriff shall issue the uniform written citation books, unless the chief of police, marshal, or sheriff designates in writing another person to perform this duty.

(3) The chief of police, marshal, or sheriff shall ensure that all citations issued are entered on the arrest report or in the electronic case management system.

(4) Upon completion, each uniform written citation book shall immediately be filed with the court clerk and made available for inspection.

(5) Upon case adjudication, the police department, office of city or town marshal, or sheriff's office shall file its copy of the citation either alphabetically or numerically.

(h) A citation issued by a school resource officer under § 16-81-118 is exempt from the requirements of this section.

Amended by Act 2017, No. 714,§ 3, eff. 8/1/2017.

Amended by Act 2015, No. 1179,§ 2, eff. 7/22/2015.

Acts 1977, No. 332, § 4; A.S.A. 1947, § 22-1104; Acts 2009, No. 456, § 1; 2011, No. 44, § 1; 2011, No. 908, § 3; 2011, No. 1174, § 3.
Ark. Code Ann. § 16-113-402 — AR Code / Title 16 / Chapter 113 / Subchapter 4 / Section 16-113-402
Motion to dissolve or modify - Notice
Status: in_force

(a) The party enjoined may, at any time, upon reasonable notice to the plaintiff, move the court, upon the plaintiff's complaint and affidavits alone, to dissolve or modify an injunction of the application for which no notice was given. (b) After answer filed by the party enjoined, he or she may give notice to the plaintiff of a motion to be made to the court in not less than ten (10) days thereafter, upon the whole case, to dissolve or modify the injunction. (c) Upon the motion, each party may read depositions and other competent evidence in writing for the purposes of the motion. (d) The court shall not be bound to take the answer as true. (e) Only one (1) motion to dissolve or modify an injunction upon the whole case shall be allowed. Civil Code, §§ 3141/2, 316, 319; Acts 1873, No. 88, § 1 [316], p. 213; C. & M. Dig., §§ 5810, 5811, 5814; Pope's Dig., §§ 7526, 7527, 7530; A.S.A. 1947, §§ 32-302, 32-303.

(a) The party enjoined may, at any time, upon reasonable notice to the plaintiff, move the court, upon the plaintiff's complaint and affidavits alone, to dissolve or modify an injunction of the application for which no notice was given.

(b) After answer filed by the party enjoined, he or she may give notice to the plaintiff of a motion to be made to the court in not less than ten (10) days thereafter, upon the whole case, to dissolve or modify the injunction.

(c) Upon the motion, each party may read depositions and other competent evidence in writing for the purposes of the motion.

(d) The court shall not be bound to take the answer as true.

(e) Only one (1) motion to dissolve or modify an injunction upon the whole case shall be allowed.

Civil Code, §§ 3141/2, 316, 319; Acts 1873, No. 88, § 1 [316], p. 213; C. & M. Dig., §§ 5810, 5811, 5814; Pope's Dig., §§ 7526, 7527, 7530; A.S.A. 1947, §§ 32-302, 32-303.
Ark. Code Ann. § 16-117-206 — AR Code / Title 16 / Chapter 117 / Subchapter 2 / Section 16-117-206
Cases between individuals
Status: in_force

The provisions of §§ 16-117-204 and 16-117-205 shall apply to cases between individuals, with like effect, as declared in §§ 16-117-204 and 16-117-205 . Acts 1857, § 9, p. 164; C. & M. Dig., § 8608; Pope's Dig., § 11186; A.S.A. 1947, § 36-109.

The provisions of §§ 16-117-204 and 16-117-205 shall apply to cases between individuals, with like effect, as declared in §§ 16-117-204 and 16-117-205 .

Acts 1857, § 9, p. 164; C. & M. Dig., § 8608; Pope's Dig., § 11186; A.S.A. 1947, § 36-109.
Ark. Code Ann. § 16-123-309 — AR Code / Title 16 / Chapter 123 / Subchapter 3 / Section 16-123-309
Effect on other law
Status: in_force

This subchapter does not affect a requirement of nondiscrimination in any other act, state law, or federal law. Acts 2001, No. 1785, § 10.

This subchapter does not affect a requirement of nondiscrimination in any other act, state law, or federal law.

Acts 2001, No. 1785, § 10.
Ark. Code Ann. § 16-90-1408 — AR Code / Title 16 / Chapter 90 / Subchapter 14 / Section 16-90-1408
Felony convictions ineligible for sealing
Status: in_force

(a) A record of a conviction of any of the following offenses is not eligible to be sealed under this subchapter: (1) A Class Y felony, Class A felony, or Class B felony, except as provided in § 16-90-1406 ; (2) Manslaughter, § 5-10-104 ; (3) An unclassified felony if the maximum sentence of imprisonment for the unclassified felony is more than ten (10) years; (4) A felony sex offense; or (5) A felony involving violence under § 5-4-501(d)(2) . (b) (1) A felony traffic offense committed in any type of motor vehicle if the person was a holder of a commercial learner's permit or commercial driver license at the time the felony offense was committed is not eligible for sealing under this subchapter. (2) As used in this subsection, "traffic offense" does not include a parking violation, vehicle weight violation, or vehicle defect violation. Amended by Act 2021, No. 341,§ 2, eff. 7/28/2021. Amended by Act 2019, No. 910,§ 869, eff. 7/1/2019. Added by Act 2013, No. 1460,§ 9, eff. 1/1/2014.

(a) A record of a conviction of any of the following offenses is not eligible to be sealed under this subchapter: (1) A Class Y felony, Class A felony, or Class B felony, except as provided in § 16-90-1406 ; (2) Manslaughter, § 5-10-104 ; (3) An unclassified felony if the maximum sentence of imprisonment for the unclassified felony is more than ten (10) years; (4) A felony sex offense; or (5) A felony involving violence under § 5-4-501(d)(2) .

(1) A Class Y felony, Class A felony, or Class B felony, except as provided in § 16-90-1406 ;

(2) Manslaughter, § 5-10-104 ;

(3) An unclassified felony if the maximum sentence of imprisonment for the unclassified felony is more than ten (10) years;

(4) A felony sex offense; or

(5) A felony involving violence under § 5-4-501(d)(2) .

(b) (1) A felony traffic offense committed in any type of motor vehicle if the person was a holder of a commercial learner's permit or commercial driver license at the time the felony offense was committed is not eligible for sealing under this subchapter. (2) As used in this subsection, "traffic offense" does not include a parking violation, vehicle weight violation, or vehicle defect violation.

(1) A felony traffic offense committed in any type of motor vehicle if the person was a holder of a commercial learner's permit or commercial driver license at the time the felony offense was committed is not eligible for sealing under this subchapter.

(2) As used in this subsection, "traffic offense" does not include a parking violation, vehicle weight violation, or vehicle defect violation.

Amended by Act 2021, No. 341,§ 2, eff. 7/28/2021.

Amended by Act 2019, No. 910,§ 869, eff. 7/1/2019.

Added by Act 2013, No. 1460,§ 9, eff. 1/1/2014.
Ark. Code Ann. § 16-93-1909 — AR Code / Title 16 / Chapter 93 / Subchapter 19 / Section 16-93-1909
Subpoena of witnesses and documents for revocation of post-release supervision
Status: in_force

(a) (1) The following persons have the power to issue oaths, subpoena witnesses to appear, and subpoena the production of any relevant books, papers, records, or documents under this subchapter: (A) The Chair of the Post-Prison Transfer Board or his or her designee; (B) The administrator of the Post-Prison Transfer Board; (C) Any member of the Post-Prison Transfer Board; and (D) The revocation hearing judge presiding over any preliminary hearing concerning an alleged violation of the conditions of post-release supervision. (2) (A) A subpoena issued under this section shall be: (i) Directed to the county sheriff, county coroner, or constable of any county where the designated witness resides or is found; and (ii) Served and returned in the same manner as subpoenas in civil actions in the circuit courts. (B) An endorsed affidavit on a subpoena of a person eighteen (18) years of age or older is proof of service of the subpoena. (b) The fees and mileage expenses prescribed by law for witnesses in civil cases shall be paid by the Division of Correction for any witness subpoenaed to appear under this section. (c) (1) If a person fails or refuses to comply with a subpoena issued under this section to testify or answer to any matter regarding which the person may be lawfully interrogated, a circuit court in this state, on application of the hearing officer or the chair, shall issue an attachment for the person and compel him or her to comply with the subpoena and appear before the revocation hearing judge or the board and produce any testimony or documents as may be required. (2) (A) The circuit court shall have the same power to punish any contempt, in case of disobedience, as in civil cases. (B) It is a criminal violation for a witness to refuse or neglect to appear and testify, punishable upon conviction by a fine of not less than fifty dollars ($50.00) nor more than five hundred dollars ($500). (d) A person knowingly testifying falsely under oath before the board or at a preliminary hearing in which probable cause for revocation of transfer to post-release supervision is to be considered as to any matter material to lawful inquiry by the board or revocation hearing judge may be charged with perjury. Added by Act 2023, No. 659,§ 2, eff. 1/1/2024.

(a) (1) The following persons have the power to issue oaths, subpoena witnesses to appear, and subpoena the production of any relevant books, papers, records, or documents under this subchapter: (A) The Chair of the Post-Prison Transfer Board or his or her designee; (B) The administrator of the Post-Prison Transfer Board; (C) Any member of the Post-Prison Transfer Board; and (D) The revocation hearing judge presiding over any preliminary hearing concerning an alleged violation of the conditions of post-release supervision. (2) (A) A subpoena issued under this section shall be: (i) Directed to the county sheriff, county coroner, or constable of any county where the designated witness resides or is found; and (ii) Served and returned in the same manner as subpoenas in civil actions in the circuit courts. (B) An endorsed affidavit on a subpoena of a person eighteen (18) years of age or older is proof of service of the subpoena.

(1) The following persons have the power to issue oaths, subpoena witnesses to appear, and subpoena the production of any relevant books, papers, records, or documents under this subchapter: (A) The Chair of the Post-Prison Transfer Board or his or her designee; (B) The administrator of the Post-Prison Transfer Board; (C) Any member of the Post-Prison Transfer Board; and (D) The revocation hearing judge presiding over any preliminary hearing concerning an alleged violation of the conditions of post-release supervision.

(A) The Chair of the Post-Prison Transfer Board or his or her designee;

(B) The administrator of the Post-Prison Transfer Board;

(C) Any member of the Post-Prison Transfer Board; and

(D) The revocation hearing judge presiding over any preliminary hearing concerning an alleged violation of the conditions of post-release supervision.

(2) (A) A subpoena issued under this section shall be: (i) Directed to the county sheriff, county coroner, or constable of any county where the designated witness resides or is found; and (ii) Served and returned in the same manner as subpoenas in civil actions in the circuit courts. (B) An endorsed affidavit on a subpoena of a person eighteen (18) years of age or older is proof of service of the subpoena.

(A) A subpoena issued under this section shall be: (i) Directed to the county sheriff, county coroner, or constable of any county where the designated witness resides or is found; and (ii) Served and returned in the same manner as subpoenas in civil actions in the circuit courts.

(i) Directed to the county sheriff, county coroner, or constable of any county where the designated witness resides or is found; and

(ii) Served and returned in the same manner as subpoenas in civil actions in the circuit courts.

(B) An endorsed affidavit on a subpoena of a person eighteen (18) years of age or older is proof of service of the subpoena.

(b) The fees and mileage expenses prescribed by law for witnesses in civil cases shall be paid by the Division of Correction for any witness subpoenaed to appear under this section.

(c) (1) If a person fails or refuses to comply with a subpoena issued under this section to testify or answer to any matter regarding which the person may be lawfully interrogated, a circuit court in this state, on application of the hearing officer or the chair, shall issue an attachment for the person and compel him or her to comply with the subpoena and appear before the revocation hearing judge or the board and produce any testimony or documents as may be required. (2) (A) The circuit court shall have the same power to punish any contempt, in case of disobedience, as in civil cases. (B) It is a criminal violation for a witness to refuse or neglect to appear and testify, punishable upon conviction by a fine of not less than fifty dollars ($50.00) nor more than five hundred dollars ($500).

(1) If a person fails or refuses to comply with a subpoena issued under this section to testify or answer to any matter regarding which the person may be lawfully interrogated, a circuit court in this state, on application of the hearing officer or the chair, shall issue an attachment for the person and compel him or her to comply with the subpoena and appear before the revocation hearing judge or the board and produce any testimony or documents as may be required.

(2) (A) The circuit court shall have the same power to punish any contempt, in case of disobedience, as in civil cases. (B) It is a criminal violation for a witness to refuse or neglect to appear and testify, punishable upon conviction by a fine of not less than fifty dollars ($50.00) nor more than five hundred dollars ($500).

(A) The circuit court shall have the same power to punish any contempt, in case of disobedience, as in civil cases.

(B) It is a criminal violation for a witness to refuse or neglect to appear and testify, punishable upon conviction by a fine of not less than fifty dollars ($50.00) nor more than five hundred dollars ($500).

(d) A person knowingly testifying falsely under oath before the board or at a preliminary hearing in which probable cause for revocation of transfer to post-release supervision is to be considered as to any matter material to lawful inquiry by the board or revocation hearing judge may be charged with perjury.

Added by Act 2023, No. 659,§ 2, eff. 1/1/2024.
Ark. Code Ann. § 16-111-102 — AR Code / Title 16 / Chapter 111 / Section 16-111-102
Power to construe, etc
Status: in_force

Any person interested under a deed, will, written contract or other writings constituting a contract, or whose rights, status or other legal relations are affected by a statute, municipal ordinance, contract or franchise, may have determined any question of construction or validity arising under the instrument, statute, ordinance, contract, or franchise and obtain a declaration of rights, status or other legal relations thereunder. Acts 1953, No. 274, § 2; 1957, No. 35, § 1; A.S.A. 1947, § 34-2502

Any person interested under a deed, will, written contract or other writings constituting a contract, or whose rights, status or other legal relations are affected by a statute, municipal ordinance, contract or franchise, may have determined any question of construction or validity arising under the instrument, statute, ordinance, contract, or franchise and obtain a declaration of rights, status or other legal relations thereunder.

Acts 1953, No. 274, § 2; 1957, No. 35, § 1; A.S.A. 1947, § 34-2502
Ark. Code Ann. § 16-13-3101 — AR Code / Title 16 / Chapter 13 / Subchapter 31 / Section 16-13-3101
Composition
Status: in_force

(a) There is created the Twenty-second Judicial District which shall be composed of Saline County. (b) There is created the Seventh Judicial District composed of Grant County and Hot Spring County. Acts 1997, No. 827, § 1; 1999, No. 7, § 1.

(a) There is created the Twenty-second Judicial District which shall be composed of Saline County.

(b) There is created the Seventh Judicial District composed of Grant County and Hot Spring County.

Acts 1997, No. 827, § 1; 1999, No. 7, § 1.
Ark. Code Ann. § 16-13-506 — AR Code / Title 16 / Chapter 13 / Subchapter 5 / Section 16-13-506
Court reporters - Transcript fees
Status: in_force

(a) (1) When required to make a transcript of court proceedings, each court reporter of the circuit courts shall be entitled to compensation at the rate of four dollars and ten cents ($4.10) per page for the original and two (2) copies and at the rate of fifty cents (50¢) per page for each additional copy. (2) When required to prepare photocopied evidence as part of a transcript, each court reporter shall be entitled to compensation at the rate of one dollar and fifty cents ($1.50) per page for an original and two (2) copies and at the rate of fifty cents (50¢) per page for each additional copy thereafter, with the cost to be paid by the parties ordering transcripts. (3) The circuit court judge in which the court proceeding occurred is exempt from this section. (4) (A) If the circuit court judge utilized a substitute official court reporter under § 16-13-509 for a court proceeding that the circuit court judge later determines requires a transcript, the substitute official court reporter shall receive additional compensation for producing the transcript for the circuit court judge. (B) The Trial Employees Committee of the Arkansas Judicial Council, Inc., shall develop a policy that shall be implemented by the Administrative Office of the Courts to ensure fair compensation for a substitute official court reporter who is required to produce a transcript for a circuit court judge. (b) (1) (A) In indigent and in forma pauperis proceedings, the compensation to the court reporter for transcripts provided for in subsection (a) of this section shall be paid by the State of Arkansas. (B) However, in such proceedings, the court reporters shall be entitled to compensation from the state only for the original and two (2) copies of the transcript. (2) The payments shall be made only upon certification of the payments by the presiding circuit judge and shall be paid by the Administrative Office of the Courts from funds appropriated out of the Court Reporter's Fund. Amended by Act 2021, No. 1097,§ 1, eff. 7/28/2021. Amended by Act 2015, No. 268,§ 8, eff. 7/1/2015. Acts 1981 (Ex. Sess.), No. 16, § 7; 1983, No. 868, § 2; A.S.A. 1947, § 22-367.4; Acts 1987, No. 581, § 1; 2003, No. 1185, § 90; 2005, No. 461, § 2.

(a) (1) When required to make a transcript of court proceedings, each court reporter of the circuit courts shall be entitled to compensation at the rate of four dollars and ten cents ($4.10) per page for the original and two (2) copies and at the rate of fifty cents (50¢) per page for each additional copy. (2) When required to prepare photocopied evidence as part of a transcript, each court reporter shall be entitled to compensation at the rate of one dollar and fifty cents ($1.50) per page for an original and two (2) copies and at the rate of fifty cents (50¢) per page for each additional copy thereafter, with the cost to be paid by the parties ordering transcripts. (3) The circuit court judge in which the court proceeding occurred is exempt from this section. (4) (A) If the circuit court judge utilized a substitute official court reporter under § 16-13-509 for a court proceeding that the circuit court judge later determines requires a transcript, the substitute official court reporter shall receive additional compensation for producing the transcript for the circuit court judge. (B) The Trial Employees Committee of the Arkansas Judicial Council, Inc., shall develop a policy that shall be implemented by the Administrative Office of the Courts to ensure fair compensation for a substitute official court reporter who is required to produce a transcript for a circuit court judge.

(1) When required to make a transcript of court proceedings, each court reporter of the circuit courts shall be entitled to compensation at the rate of four dollars and ten cents ($4.10) per page for the original and two (2) copies and at the rate of fifty cents (50¢) per page for each additional copy.

(2) When required to prepare photocopied evidence as part of a transcript, each court reporter shall be entitled to compensation at the rate of one dollar and fifty cents ($1.50) per page for an original and two (2) copies and at the rate of fifty cents (50¢) per page for each additional copy thereafter, with the cost to be paid by the parties ordering transcripts.

(3) The circuit court judge in which the court proceeding occurred is exempt from this section.

(4) (A) If the circuit court judge utilized a substitute official court reporter under § 16-13-509 for a court proceeding that the circuit court judge later determines requires a transcript, the substitute official court reporter shall receive additional compensation for producing the transcript for the circuit court judge. (B) The Trial Employees Committee of the Arkansas Judicial Council, Inc., shall develop a policy that shall be implemented by the Administrative Office of the Courts to ensure fair compensation for a substitute official court reporter who is required to produce a transcript for a circuit court judge.

(A) If the circuit court judge utilized a substitute official court reporter under § 16-13-509 for a court proceeding that the circuit court judge later determines requires a transcript, the substitute official court reporter shall receive additional compensation for producing the transcript for the circuit court judge.

(B) The Trial Employees Committee of the Arkansas Judicial Council, Inc., shall develop a policy that shall be implemented by the Administrative Office of the Courts to ensure fair compensation for a substitute official court reporter who is required to produce a transcript for a circuit court judge.

(b) (1) (A) In indigent and in forma pauperis proceedings, the compensation to the court reporter for transcripts provided for in subsection (a) of this section shall be paid by the State of Arkansas. (B) However, in such proceedings, the court reporters shall be entitled to compensation from the state only for the original and two (2) copies of the transcript. (2) The payments shall be made only upon certification of the payments by the presiding circuit judge and shall be paid by the Administrative Office of the Courts from funds appropriated out of the Court Reporter's Fund.

(1) (A) In indigent and in forma pauperis proceedings, the compensation to the court reporter for transcripts provided for in subsection (a) of this section shall be paid by the State of Arkansas. (B) However, in such proceedings, the court reporters shall be entitled to compensation from the state only for the original and two (2) copies of the transcript.

(A) In indigent and in forma pauperis proceedings, the compensation to the court reporter for transcripts provided for in subsection (a) of this section shall be paid by the State of Arkansas.

(B) However, in such proceedings, the court reporters shall be entitled to compensation from the state only for the original and two (2) copies of the transcript.

(2) The payments shall be made only upon certification of the payments by the presiding circuit judge and shall be paid by the Administrative Office of the Courts from funds appropriated out of the Court Reporter's Fund.

Amended by Act 2021, No. 1097,§ 1, eff. 7/28/2021.

Amended by Act 2015, No. 268,§ 8, eff. 7/1/2015.

Acts 1981 (Ex. Sess.), No. 16, § 7; 1983, No. 868, § 2; A.S.A. 1947, § 22-367.4; Acts 1987, No. 581, § 1; 2003, No. 1185, § 90; 2005, No. 461, § 2.
Ark. Code Ann. § 16-67-101 — AR Code / Title 16 / Chapter 67 / Subchapter 1 / Section 16-67-101
Time for filing notice of appeal
Status: in_force

Time for filing a notice of appeal shall commence upon the filing and entry of record of the judgment, order, or decree pursuant to Rule 4 of the Arkansas Rules of Appellate Procedure. Acts 1989 (3rd Ex. Sess.), No. 98, § 2.

Time for filing a notice of appeal shall commence upon the filing and entry of record of the judgment, order, or decree pursuant to Rule 4 of the Arkansas Rules of Appellate Procedure.

Acts 1989 (3rd Ex. Sess.), No. 98, § 2.
Ark. Code Ann. § 16-63-102 — AR Code / Title 16 / Chapter 63 / Subchapter 1 / Section 16-63-102
Deposits in court
Status: in_force

(a) (1) Whenever, in the exercise of its authority, a court has ordered the deposit or delivery of money or other thing and the order is disobeyed, the court, besides punishing the disobedience, may make an order requiring the sheriff to take the money or thing and deposit or deliver it in conformity with its directions. (2) (A) The court may direct the sheriff to keep safe any property delivered pursuant to the provisions of this section and may allow him or her the necessary expenses attending the property, to be paid by such party as the court shall direct, and taxed in the costs of the action. (B) The court may confide to the sheriff money deposited or paid into court, which shall be kept by him or her under the same requirements and responsibilities of himself or herself and his or her sureties as are provided by this code in respect to money deposited in lieu of bail. (b) A court sitting in a county in which, or in any county adjoining which, there is a bank or a branch of a bank, created by the laws of this state or the United States, transacting regular banking business, may order money paid into court to be deposited in that bank or branch to the credit of the court, in the action or proceeding in which the money was paid. Money so deposited shall be paid only upon the check of the clerk of the court annexed to its certified order for the payment and in favor of the person to whom the order directs the payment to be made. (c) Money deposited or paid into the court in any action shall not be loaned out by the court unless it is with the consent of all the parties having an interest in or making claim to the money. Civil Code, §§ 329-333; C. & M. Dig., §§ 1346-1350; Pope's Dig., §§ 1571-1575; A.S.A. 1947, §§ 27-1602 -- 27-1606.

(a) (1) Whenever, in the exercise of its authority, a court has ordered the deposit or delivery of money or other thing and the order is disobeyed, the court, besides punishing the disobedience, may make an order requiring the sheriff to take the money or thing and deposit or deliver it in conformity with its directions. (2) (A) The court may direct the sheriff to keep safe any property delivered pursuant to the provisions of this section and may allow him or her the necessary expenses attending the property, to be paid by such party as the court shall direct, and taxed in the costs of the action. (B) The court may confide to the sheriff money deposited or paid into court, which shall be kept by him or her under the same requirements and responsibilities of himself or herself and his or her sureties as are provided by this code in respect to money deposited in lieu of bail.

(1) Whenever, in the exercise of its authority, a court has ordered the deposit or delivery of money or other thing and the order is disobeyed, the court, besides punishing the disobedience, may make an order requiring the sheriff to take the money or thing and deposit or deliver it in conformity with its directions.

(2) (A) The court may direct the sheriff to keep safe any property delivered pursuant to the provisions of this section and may allow him or her the necessary expenses attending the property, to be paid by such party as the court shall direct, and taxed in the costs of the action. (B) The court may confide to the sheriff money deposited or paid into court, which shall be kept by him or her under the same requirements and responsibilities of himself or herself and his or her sureties as are provided by this code in respect to money deposited in lieu of bail.

(A) The court may direct the sheriff to keep safe any property delivered pursuant to the provisions of this section and may allow him or her the necessary expenses attending the property, to be paid by such party as the court shall direct, and taxed in the costs of the action.

(B) The court may confide to the sheriff money deposited or paid into court, which shall be kept by him or her under the same requirements and responsibilities of himself or herself and his or her sureties as are provided by this code in respect to money deposited in lieu of bail.

(b) A court sitting in a county in which, or in any county adjoining which, there is a bank or a branch of a bank, created by the laws of this state or the United States, transacting regular banking business, may order money paid into court to be deposited in that bank or branch to the credit of the court, in the action or proceeding in which the money was paid. Money so deposited shall be paid only upon the check of the clerk of the court annexed to its certified order for the payment and in favor of the person to whom the order directs the payment to be made.

(c) Money deposited or paid into the court in any action shall not be loaned out by the court unless it is with the consent of all the parties having an interest in or making claim to the money.

Civil Code, §§ 329-333; C. & M. Dig., §§ 1346-1350; Pope's Dig., §§ 1571-1575; A.S.A. 1947, §§ 27-1602 -- 27-1606.
Ark. Code Ann. § 16-10-1103 — AR Code / Title 16 / Chapter 10 / Subchapter 11 / Section 16-10-1103
Court interpreter for persons with limited English proficiency
Status: in_force

(a) A person with limited English proficiency who is a party to or a witness in a court proceeding is entitled to a qualified interpreter to interpret for the person throughout the court proceeding. (b) (1) The Supreme Court shall administer an interpreter program to appoint and use interpreters in court proceedings and to ensure interpreter certification, continued proficiency, and discipline. (2) Staff and administrative support required by the Supreme Court relating to the program shall be provided by the Administrative Office of the Courts, and the program may include: (A) Establishing and administering a comprehensive testing and certification program for foreign language interpreters; (B) Establishing and adopting standards concerning written and verbal proficiency in English and the foreign language to be interpreted; (C) Establishing and adopting recognized standards for interpreters for the Deaf, deaf, and Hard of Hearing, including without limitation certification by the Registry of Interpreters for the Deaf, Inc., or similar registries; (D) Conducting periodic examinations to ensure the availability of certified interpreters; (E) Charging reasonable fees as necessary for testing and certification; (F) Ensuring reciprocity of certification for interpreters from other jurisdictions provided that the criteria for certification in the other jurisdiction is comparable to that established by the office; (G) Establishing a schedule of reasonable fees for services rendered by interpreters in court proceedings; (H) Establishing a process to review and respond to allegations of misconduct by interpreters; and (I) Addressing other matters relating to interpreters in the courts. (c) (1) The General Assembly may appropriate to the office funds as necessary to establish a program to facilitate the use of interpreters and otherwise satisfy the requirements of this subchapter. (2) Implementation of this subchapter is contingent upon the availability of appropriated funds to carry out its purposes. (d) (1) With the support of the office, all court personnel shall make a reasonable effort to ensure public awareness of interpreter services. (2) Clerks of courts shall clearly publicize the availability of interpreter services. Amended by Act 2021, No. 84,§ 9, eff. 7/28/2021. Amended by Act 2015, No. 1152,§ 2, eff. 7/22/2015. Added by Act 2013, No. 237,§ 2, eff. 8/16/2013.

(a) A person with limited English proficiency who is a party to or a witness in a court proceeding is entitled to a qualified interpreter to interpret for the person throughout the court proceeding.

(b) (1) The Supreme Court shall administer an interpreter program to appoint and use interpreters in court proceedings and to ensure interpreter certification, continued proficiency, and discipline. (2) Staff and administrative support required by the Supreme Court relating to the program shall be provided by the Administrative Office of the Courts, and the program may include: (A) Establishing and administering a comprehensive testing and certification program for foreign language interpreters; (B) Establishing and adopting standards concerning written and verbal proficiency in English and the foreign language to be interpreted; (C) Establishing and adopting recognized standards for interpreters for the Deaf, deaf, and Hard of Hearing, including without limitation certification by the Registry of Interpreters for the Deaf, Inc., or similar registries; (D) Conducting periodic examinations to ensure the availability of certified interpreters; (E) Charging reasonable fees as necessary for testing and certification; (F) Ensuring reciprocity of certification for interpreters from other jurisdictions provided that the criteria for certification in the other jurisdiction is comparable to that established by the office; (G) Establishing a schedule of reasonable fees for services rendered by interpreters in court proceedings; (H) Establishing a process to review and respond to allegations of misconduct by interpreters; and (I) Addressing other matters relating to interpreters in the courts.

(1) The Supreme Court shall administer an interpreter program to appoint and use interpreters in court proceedings and to ensure interpreter certification, continued proficiency, and discipline.

(2) Staff and administrative support required by the Supreme Court relating to the program shall be provided by the Administrative Office of the Courts, and the program may include: (A) Establishing and administering a comprehensive testing and certification program for foreign language interpreters; (B) Establishing and adopting standards concerning written and verbal proficiency in English and the foreign language to be interpreted; (C) Establishing and adopting recognized standards for interpreters for the Deaf, deaf, and Hard of Hearing, including without limitation certification by the Registry of Interpreters for the Deaf, Inc., or similar registries; (D) Conducting periodic examinations to ensure the availability of certified interpreters; (E) Charging reasonable fees as necessary for testing and certification; (F) Ensuring reciprocity of certification for interpreters from other jurisdictions provided that the criteria for certification in the other jurisdiction is comparable to that established by the office; (G) Establishing a schedule of reasonable fees for services rendered by interpreters in court proceedings; (H) Establishing a process to review and respond to allegations of misconduct by interpreters; and (I) Addressing other matters relating to interpreters in the courts.

(A) Establishing and administering a comprehensive testing and certification program for foreign language interpreters;

(B) Establishing and adopting standards concerning written and verbal proficiency in English and the foreign language to be interpreted;

(C) Establishing and adopting recognized standards for interpreters for the Deaf, deaf, and Hard of Hearing, including without limitation certification by the Registry of Interpreters for the Deaf, Inc., or similar registries;

(D) Conducting periodic examinations to ensure the availability of certified interpreters;

(E) Charging reasonable fees as necessary for testing and certification;

(F) Ensuring reciprocity of certification for interpreters from other jurisdictions provided that the criteria for certification in the other jurisdiction is comparable to that established by the office;

(G) Establishing a schedule of reasonable fees for services rendered by interpreters in court proceedings;

(H) Establishing a process to review and respond to allegations of misconduct by interpreters; and

(I) Addressing other matters relating to interpreters in the courts.

(c) (1) The General Assembly may appropriate to the office funds as necessary to establish a program to facilitate the use of interpreters and otherwise satisfy the requirements of this subchapter. (2) Implementation of this subchapter is contingent upon the availability of appropriated funds to carry out its purposes.

(1) The General Assembly may appropriate to the office funds as necessary to establish a program to facilitate the use of interpreters and otherwise satisfy the requirements of this subchapter.

(2) Implementation of this subchapter is contingent upon the availability of appropriated funds to carry out its purposes.

(d) (1) With the support of the office, all court personnel shall make a reasonable effort to ensure public awareness of interpreter services. (2) Clerks of courts shall clearly publicize the availability of interpreter services.

(1) With the support of the office, all court personnel shall make a reasonable effort to ensure public awareness of interpreter services.

(2) Clerks of courts shall clearly publicize the availability of interpreter services.

Amended by Act 2021, No. 84,§ 9, eff. 7/28/2021.

Amended by Act 2015, No. 1152,§ 2, eff. 7/22/2015.

Added by Act 2013, No. 237,§ 2, eff. 8/16/2013.
Ark. Code Ann. § 16-22-102 — AR Code / Title 16 / Chapter 22 / Subchapter 1 / Section 16-22-102
Delinquent noncustodial parents
Status: in_force

The Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration, upon reaching a cooperative agreement with the Arkansas Supreme Court, is hereby authorized to develop procedures under which the Clerk of the Supreme Court may each year furnish the Office of Child Support Enforcement with a list of those persons who possess a law license and the office shall notify the Clerk of the Supreme Court regarding a review of the law license whenever a noncustodial parent on the list is delinquent on a court-ordered child support payment or an adjudicated arrearage in an amount equal to six (6) months' obligation or more or is the subject of an outstanding failure to appear warrant, body attachment, or bench warrant pursuant to a child support order. Acts 1993, No. 1253, § 1.

The Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration, upon reaching a cooperative agreement with the Arkansas Supreme Court, is hereby authorized to develop procedures under which the Clerk of the Supreme Court may each year furnish the Office of Child Support Enforcement with a list of those persons who possess a law license and the office shall notify the Clerk of the Supreme Court regarding a review of the law license whenever a noncustodial parent on the list is delinquent on a court-ordered child support payment or an adjudicated arrearage in an amount equal to six (6) months' obligation or more or is the subject of an outstanding failure to appear warrant, body attachment, or bench warrant pursuant to a child support order.

Acts 1993, No. 1253, § 1.
Ark. Code Ann. § 16-13-1904 — AR Code / Title 16 / Chapter 13 / Subchapter 19 / Section 16-13-1904
Exchange of districts
Status: in_force

The judges of the Eleventh Judicial District-East and the Eleventh 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; 1981, No. 609, § 1; 1983, No. 922, § 15; A.S.A. 1947, § 22-365.

The judges of the Eleventh Judicial District-East and the Eleventh 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; 1981, No. 609, § 1; 1983, No. 922, § 15; A.S.A. 1947, § 22-365.
Ark. Code Ann. § 16-10-310 — AR Code / Title 16 / Chapter 10 / Subchapter 3 / Section 16-10-310
State Administration of Justice Fund - Distribution of revenue
Status: in_force

(a) At the close of books on or before the twentieth working day of each month, the Department of Finance and Administration shall distribute revenue credited to the State Administration of Justice Fund and received for the previous month as provided in this section. (b) The revenue described in subsection (a) of this section shall be distributed to the following state programs and state agencies in monthly installments of at least one-twelfth ( 1 / 12 ) of the annual allocation provided for each state program or state agency from the State Administration of Justice Fund subject to the limitations stated in this section: (1) The Board of Trustees of the University of Arkansas for the purpose of and as regulated by §§ 6-64-604 - 6-64-606 ; (2) The Public Health Fund and the Drug Abuse Prevention and Treatment Fund for use in the drug abuse prevention and treatment program of the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services; (3) The Division of Arkansas State Police for the State Police Retirement Fund; (4) The Crime Victims Reparations Revolving Fund for the purpose of and as regulated by the Arkansas Crime Victims Reparations Act, § 16-90-701 et seq.; (5) The Prosecutor Coordinator's office for deposit into the Law Enforcement and Prosecutor Drug Enforcement Training Fund; (6) The Crime Information System Fund; (7) The Justice Building Construction Fund; (8) The District Court Judge and District Court Clerk Education Fund; (9) The Judges Retirement Fund; (10) The State Central Services Fund for the benefit of the Arkansas Public Defender Commission; (11) The Court Reporter's Fund; (12) The Justice Building Fund; (13) The Arkansas Counties Alcohol and Drug Abuse and Crime Prevention Program Fund; (14) The Administrative Office of the Courts to fund the Trial Court Administrator Fund; (15) The Division of Arkansas State Police Fund; (16) The State Central Services Fund for the benefit of the Division of Dependency-Neglect Representation of the Administrative Office of the Courts; (17) The Miscellaneous Agencies Fund Account for the benefit of the State Crime Laboratory; (18) The Arkansas District Judges Council, Inc., for the Executive Director of the Arkansas District Judges Council, Inc.; (19) The Public Legal Aid Fund; (20) The Administrative Office of the Courts for county reimbursements for jurors; and (21) The Administrative Office of the Courts to reimburse the State Central Services Fund for the Drug Court Coordinator. (c) If the Chief Fiscal Officer of the State determines that the State Administration of Justice Fund balance and estimated revenue to be received by the State Administration of Justice Fund are inadequate to fully fund all authorized monthly allocations from the State Administration of Justice Fund: (1) (A) The available revenue and remaining State Administration of Justice Fund balance shall be distributed first to fully fund the monthly allocation for: (i) The Court Reporter's Fund; (ii) The Arkansas District Judges Council, Inc., for the Executive Director of the Arkansas District Judges Council, Inc.; and (iii) The Administrative Office of the Courts to fund the Trial Court Administrator Fund. (B) Funds or allocations for a state program or state agency listed in subdivision (c)(1)(A) of this section shall not be affected if a deficit occurs in other State Administration of Justice Fund appropriations, allocations, or funds not listed in subdivision (c)(1)(A) of this section for that particular state program or state agency; (2) The Chief Fiscal Officer of the State shall notify the disbursing officer of each state agency and state program not listed in subdivision (c)(1)(A) of this section of the amount of the state agency's or state program's portion of any reduction required from the state agency's or state program's authorized allocation in order to maintain the State Administration of Justice Fund with a projected positive balance; and (3) (A) The total funds remaining in the State Administration of Justice Fund after the distribution is made under subdivision (c)(1)(A) of this section shall be distributed to the state programs and state agencies not listed in subdivision (c)(1)(A) of this section in an amount equal to the proportion of the State Administration of Justice Fund that each state program would have received under subsection (b) of this section. (B) A funding shortage from one (1) month shall be recouped from future months' payments as funds become available. (d) (1) If required to help meet the commitments of the State Administration of Justice Fund and if funds are determined to be available, the Chief Fiscal Officer of the State may transfer a sum not to exceed four million dollars ($4,000,000) during any fiscal year from the Budget Stabilization Trust Fund to the State Administration of Justice Fund. (2) As determined by the Chief Fiscal Officer of the State, if a positive fund balance remains in the State Administration of Justice Fund at the end of a fiscal year, the Chief Fiscal Officer of the State may transfer the positive fund balance from the State Administration of Justice Fund to the Budget Stabilization Trust Fund to reimburse for any transfers made under subdivision (d)(1) of this section. Amended by Act 2017, No. 913,§ 40, eff. 8/1/2017. Amended by Act 2015, No. 268,§ 2, eff. 7/1/2015. Amended by Act 2015, No. 268,§ 1, eff. 7/1/2015. Amended by Act 2013, No. 1107,§ 13, eff. 8/16/2013. Amended by Act 2013, No. 504,§ 2, eff. 3/26/2013. Acts 1995, No. 1256, § 15; 1995 (1st Ex. Sess.), No. 13, § 2; 1997, No. 788, § 10; 1997, No. 1341, § 10; 2003, No. 1185, § 54; 2009, No. 166, § 2; 2011, No. 1132, § 3.

(a) At the close of books on or before the twentieth working day of each month, the Department of Finance and Administration shall distribute revenue credited to the State Administration of Justice Fund and received for the previous month as provided in this section.

(b) The revenue described in subsection (a) of this section shall be distributed to the following state programs and state agencies in monthly installments of at least one-twelfth ( 1 / 12 ) of the annual allocation provided for each state program or state agency from the State Administration of Justice Fund subject to the limitations stated in this section: (1) The Board of Trustees of the University of Arkansas for the purpose of and as regulated by §§ 6-64-604 - 6-64-606 ; (2) The Public Health Fund and the Drug Abuse Prevention and Treatment Fund for use in the drug abuse prevention and treatment program of the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services; (3) The Division of Arkansas State Police for the State Police Retirement Fund; (4) The Crime Victims Reparations Revolving Fund for the purpose of and as regulated by the Arkansas Crime Victims Reparations Act, § 16-90-701 et seq.; (5) The Prosecutor Coordinator's office for deposit into the Law Enforcement and Prosecutor Drug Enforcement Training Fund; (6) The Crime Information System Fund; (7) The Justice Building Construction Fund; (8) The District Court Judge and District Court Clerk Education Fund; (9) The Judges Retirement Fund; (10) The State Central Services Fund for the benefit of the Arkansas Public Defender Commission; (11) The Court Reporter's Fund; (12) The Justice Building Fund; (13) The Arkansas Counties Alcohol and Drug Abuse and Crime Prevention Program Fund; (14) The Administrative Office of the Courts to fund the Trial Court Administrator Fund; (15) The Division of Arkansas State Police Fund; (16) The State Central Services Fund for the benefit of the Division of Dependency-Neglect Representation of the Administrative Office of the Courts; (17) The Miscellaneous Agencies Fund Account for the benefit of the State Crime Laboratory; (18) The Arkansas District Judges Council, Inc., for the Executive Director of the Arkansas District Judges Council, Inc.; (19) The Public Legal Aid Fund; (20) The Administrative Office of the Courts for county reimbursements for jurors; and (21) The Administrative Office of the Courts to reimburse the State Central Services Fund for the Drug Court Coordinator.

(1) The Board of Trustees of the University of Arkansas for the purpose of and as regulated by §§ 6-64-604 - 6-64-606 ;

(2) The Public Health Fund and the Drug Abuse Prevention and Treatment Fund for use in the drug abuse prevention and treatment program of the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services;

(3) The Division of Arkansas State Police for the State Police Retirement Fund;

(4) The Crime Victims Reparations Revolving Fund for the purpose of and as regulated by the Arkansas Crime Victims Reparations Act, § 16-90-701 et seq.;

(5) The Prosecutor Coordinator's office for deposit into the Law Enforcement and Prosecutor Drug Enforcement Training Fund;

(6) The Crime Information System Fund;

(7) The Justice Building Construction Fund;

(8) The District Court Judge and District Court Clerk Education Fund;

(9) The Judges Retirement Fund;

(10) The State Central Services Fund for the benefit of the Arkansas Public Defender Commission;

(11) The Court Reporter's Fund;

(12) The Justice Building Fund;

(13) The Arkansas Counties Alcohol and Drug Abuse and Crime Prevention Program Fund;

(14) The Administrative Office of the Courts to fund the Trial Court Administrator Fund;

(15) The Division of Arkansas State Police Fund;

(16) The State Central Services Fund for the benefit of the Division of Dependency-Neglect Representation of the Administrative Office of the Courts;

(17) The Miscellaneous Agencies Fund Account for the benefit of the State Crime Laboratory;

(18) The Arkansas District Judges Council, Inc., for the Executive Director of the Arkansas District Judges Council, Inc.;

(19) The Public Legal Aid Fund;

(20) The Administrative Office of the Courts for county reimbursements for jurors; and

(21) The Administrative Office of the Courts to reimburse the State Central Services Fund for the Drug Court Coordinator.

(c) If the Chief Fiscal Officer of the State determines that the State Administration of Justice Fund balance and estimated revenue to be received by the State Administration of Justice Fund are inadequate to fully fund all authorized monthly allocations from the State Administration of Justice Fund: (1) (A) The available revenue and remaining State Administration of Justice Fund balance shall be distributed first to fully fund the monthly allocation for: (i) The Court Reporter's Fund; (ii) The Arkansas District Judges Council, Inc., for the Executive Director of the Arkansas District Judges Council, Inc.; and (iii) The Administrative Office of the Courts to fund the Trial Court Administrator Fund. (B) Funds or allocations for a state program or state agency listed in subdivision (c)(1)(A) of this section shall not be affected if a deficit occurs in other State Administration of Justice Fund appropriations, allocations, or funds not listed in subdivision (c)(1)(A) of this section for that particular state program or state agency; (2) The Chief Fiscal Officer of the State shall notify the disbursing officer of each state agency and state program not listed in subdivision (c)(1)(A) of this section of the amount of the state agency's or state program's portion of any reduction required from the state agency's or state program's authorized allocation in order to maintain the State Administration of Justice Fund with a projected positive balance; and (3) (A) The total funds remaining in the State Administration of Justice Fund after the distribution is made under subdivision (c)(1)(A) of this section shall be distributed to the state programs and state agencies not listed in subdivision (c)(1)(A) of this section in an amount equal to the proportion of the State Administration of Justice Fund that each state program would have received under subsection (b) of this section. (B) A funding shortage from one (1) month shall be recouped from future months' payments as funds become available.

(1) (A) The available revenue and remaining State Administration of Justice Fund balance shall be distributed first to fully fund the monthly allocation for: (i) The Court Reporter's Fund; (ii) The Arkansas District Judges Council, Inc., for the Executive Director of the Arkansas District Judges Council, Inc.; and (iii) The Administrative Office of the Courts to fund the Trial Court Administrator Fund. (B) Funds or allocations for a state program or state agency listed in subdivision (c)(1)(A) of this section shall not be affected if a deficit occurs in other State Administration of Justice Fund appropriations, allocations, or funds not listed in subdivision (c)(1)(A) of this section for that particular state program or state agency;

(A) The available revenue and remaining State Administration of Justice Fund balance shall be distributed first to fully fund the monthly allocation for: (i) The Court Reporter's Fund; (ii) The Arkansas District Judges Council, Inc., for the Executive Director of the Arkansas District Judges Council, Inc.; and (iii) The Administrative Office of the Courts to fund the Trial Court Administrator Fund.

(i) The Court Reporter's Fund;

(ii) The Arkansas District Judges Council, Inc., for the Executive Director of the Arkansas District Judges Council, Inc.; and

(iii) The Administrative Office of the Courts to fund the Trial Court Administrator Fund.

(B) Funds or allocations for a state program or state agency listed in subdivision (c)(1)(A) of this section shall not be affected if a deficit occurs in other State Administration of Justice Fund appropriations, allocations, or funds not listed in subdivision (c)(1)(A) of this section for that particular state program or state agency;

(2) The Chief Fiscal Officer of the State shall notify the disbursing officer of each state agency and state program not listed in subdivision (c)(1)(A) of this section of the amount of the state agency's or state program's portion of any reduction required from the state agency's or state program's authorized allocation in order to maintain the State Administration of Justice Fund with a projected positive balance; and

(3) (A) The total funds remaining in the State Administration of Justice Fund after the distribution is made under subdivision (c)(1)(A) of this section shall be distributed to the state programs and state agencies not listed in subdivision (c)(1)(A) of this section in an amount equal to the proportion of the State Administration of Justice Fund that each state program would have received under subsection (b) of this section. (B) A funding shortage from one (1) month shall be recouped from future months' payments as funds become available.

(A) The total funds remaining in the State Administration of Justice Fund after the distribution is made under subdivision (c)(1)(A) of this section shall be distributed to the state programs and state agencies not listed in subdivision (c)(1)(A) of this section in an amount equal to the proportion of the State Administration of Justice Fund that each state program would have received under subsection (b) of this section.

(B) A funding shortage from one (1) month shall be recouped from future months' payments as funds become available.

(d) (1) If required to help meet the commitments of the State Administration of Justice Fund and if funds are determined to be available, the Chief Fiscal Officer of the State may transfer a sum not to exceed four million dollars ($4,000,000) during any fiscal year from the Budget Stabilization Trust Fund to the State Administration of Justice Fund. (2) As determined by the Chief Fiscal Officer of the State, if a positive fund balance remains in the State Administration of Justice Fund at the end of a fiscal year, the Chief Fiscal Officer of the State may transfer the positive fund balance from the State Administration of Justice Fund to the Budget Stabilization Trust Fund to reimburse for any transfers made under subdivision (d)(1) of this section.

(1) If required to help meet the commitments of the State Administration of Justice Fund and if funds are determined to be available, the Chief Fiscal Officer of the State may transfer a sum not to exceed four million dollars ($4,000,000) during any fiscal year from the Budget Stabilization Trust Fund to the State Administration of Justice Fund.

(2) As determined by the Chief Fiscal Officer of the State, if a positive fund balance remains in the State Administration of Justice Fund at the end of a fiscal year, the Chief Fiscal Officer of the State may transfer the positive fund balance from the State Administration of Justice Fund to the Budget Stabilization Trust Fund to reimburse for any transfers made under subdivision (d)(1) of this section.

Amended by Act 2017, No. 913,§ 40, eff. 8/1/2017.

Amended by Act 2015, No. 268,§ 2, eff. 7/1/2015.

Amended by Act 2015, No. 268,§ 1, eff. 7/1/2015.

Amended by Act 2013, No. 1107,§ 13, eff. 8/16/2013.

Amended by Act 2013, No. 504,§ 2, eff. 3/26/2013.

Acts 1995, No. 1256, § 15; 1995 (1st Ex. Sess.), No. 13, § 2; 1997, No. 788, § 10; 1997, No. 1341, § 10; 2003, No. 1185, § 54; 2009, No. 166, § 2; 2011, No. 1132, § 3.
Ark. Code Ann. § 16-63-503 — AR Code / Title 16 / Chapter 63 / Subchapter 5 / Section 16-63-503
Definitions
Status: in_force

As used in this subchapter: (1) "An act in furtherance of the right of free speech or the right to petition government for a redress of grievances under the United States Constitution or the Arkansas Constitution in connection with an issue of public interest or concern" includes, but is not limited to, any written or oral statement, writing, or petition made: (A) Before or to a legislative, executive, or judicial proceeding, or other proceeding authorized by a state, regional, county, or municipal government; or (B) In connection with an issue under consideration or review by a legislative, executive, or judicial body, or other body authorized by a state, regional, county, or municipal government; and (2) (A) "Privileged communication" means a communication made: (i) In, to, or about an issue of public concern related to any legislative, executive, or judicial proceeding, or other proceeding authorized by a state, regional, county, or municipal government; (ii) In the proper discharge of an official duty; and (iii) By a fair and true report of any legislative, executive, or judicial proceeding, or other proceeding authorized by a state, regional, county, or municipal government, or anything said in the course of the proceeding. (B) "Privileged communication" also includes: (i) All expressions of opinion or criticisms in regard to any legislative, executive, or judicial proceeding, or other proceeding authorized by a state, regional, county, or municipal government; and (ii) All criticisms of the official acts of any and all public officers. (C) "Privileged communication" does not include a statement or report made with knowledge that it was false or with reckless disregard of whether it was false. Acts 2005, No. 1843, § 1.

As used in this subchapter:

(1) "An act in furtherance of the right of free speech or the right to petition government for a redress of grievances under the United States Constitution or the Arkansas Constitution in connection with an issue of public interest or concern" includes, but is not limited to, any written or oral statement, writing, or petition made: (A) Before or to a legislative, executive, or judicial proceeding, or other proceeding authorized by a state, regional, county, or municipal government; or (B) In connection with an issue under consideration or review by a legislative, executive, or judicial body, or other body authorized by a state, regional, county, or municipal government; and

(A) Before or to a legislative, executive, or judicial proceeding, or other proceeding authorized by a state, regional, county, or municipal government; or

(B) In connection with an issue under consideration or review by a legislative, executive, or judicial body, or other body authorized by a state, regional, county, or municipal government; and

(2) (A) "Privileged communication" means a communication made: (i) In, to, or about an issue of public concern related to any legislative, executive, or judicial proceeding, or other proceeding authorized by a state, regional, county, or municipal government; (ii) In the proper discharge of an official duty; and (iii) By a fair and true report of any legislative, executive, or judicial proceeding, or other proceeding authorized by a state, regional, county, or municipal government, or anything said in the course of the proceeding. (B) "Privileged communication" also includes: (i) All expressions of opinion or criticisms in regard to any legislative, executive, or judicial proceeding, or other proceeding authorized by a state, regional, county, or municipal government; and (ii) All criticisms of the official acts of any and all public officers. (C) "Privileged communication" does not include a statement or report made with knowledge that it was false or with reckless disregard of whether it was false.

(A) "Privileged communication" means a communication made: (i) In, to, or about an issue of public concern related to any legislative, executive, or judicial proceeding, or other proceeding authorized by a state, regional, county, or municipal government; (ii) In the proper discharge of an official duty; and (iii) By a fair and true report of any legislative, executive, or judicial proceeding, or other proceeding authorized by a state, regional, county, or municipal government, or anything said in the course of the proceeding.

(i) In, to, or about an issue of public concern related to any legislative, executive, or judicial proceeding, or other proceeding authorized by a state, regional, county, or municipal government;

(ii) In the proper discharge of an official duty; and

(iii) By a fair and true report of any legislative, executive, or judicial proceeding, or other proceeding authorized by a state, regional, county, or municipal government, or anything said in the course of the proceeding.

(B) "Privileged communication" also includes: (i) All expressions of opinion or criticisms in regard to any legislative, executive, or judicial proceeding, or other proceeding authorized by a state, regional, county, or municipal government; and (ii) All criticisms of the official acts of any and all public officers.

(i) All expressions of opinion or criticisms in regard to any legislative, executive, or judicial proceeding, or other proceeding authorized by a state, regional, county, or municipal government; and

(ii) All criticisms of the official acts of any and all public officers.

(C) "Privileged communication" does not include a statement or report made with knowledge that it was false or with reckless disregard of whether it was false.

Acts 2005, No. 1843, § 1.
Ark. Code Ann. § 16-123-501 — AR Code / Title 16 / Chapter 123 / Subchapter 5 / Section 16-123-501
Intent
Status: in_force

It is the intent of the General Assembly to adopt the definition of "antisemitism" adopted on May 26, 2016, by the International Holocaust Remembrance Alliance, including the accompanying examples of contemporary antisemitism identified by the International Holocaust Remembrance Alliance, as existing on January 1, 2023, as this definition of "antisemitism" has been adopted and used by dozens of countries as well as various departments within the United States Government. Added by Act 2023, No. 126,§ 1, eff. 8/1/2023.

It is the intent of the General Assembly to adopt the definition of "antisemitism" adopted on May 26, 2016, by the International Holocaust Remembrance Alliance, including the accompanying examples of contemporary antisemitism identified by the International Holocaust Remembrance Alliance, as existing on January 1, 2023, as this definition of "antisemitism" has been adopted and used by dozens of countries as well as various departments within the United States Government.

Added by Act 2023, No. 126,§ 1, eff. 8/1/2023.
Ark. Code Ann. § 16-34-107 — AR Code / Title 16 / Chapter 34 / Section 16-34-107
Donation of per diem compensation and mileage reimbursement
Status: in_force

(a) A person eligible to receive per diem compensation or mileage reimbursement, or both, under this chapter may donate the per diem compensation or mileage reimbursement, or both, that he or she receives to an eligible nonprofit entity. (b) (1) (A) The Administrative Office of the Courts shall compile a list of eligible nonprofit entities to which a person receiving per diem compensation or mileage reimbursement, or both, under this chapter may make his or her donation under this section. (B) (i) In compiling the list of eligible nonprofit entities described under subdivision (b)(1)(A) of this section, the office shall consult with the Supreme Court and the Arkansas Judicial Council, Inc., to determine the eligible nonprofit entities under this section. (ii) The office is encouraged to seek input through public comment while compiling the list of eligible nonprofit entities. (2) An eligible nonprofit entity should have as one (1) of its primary goals the providing of: (A) Crime victim assistance or counseling; (B) Services for abused or neglected children; (C) Shelter for victims of domestic violence; (D) Services for veterans; or (E) Legal education for students seeking a Juris Doctor degree. (c) The office shall offer guidance on procedures for making, collecting, and distributing donations under this section. Added by Act 2021, No. 219,§ 1, eff. 1/1/2022.

(a) A person eligible to receive per diem compensation or mileage reimbursement, or both, under this chapter may donate the per diem compensation or mileage reimbursement, or both, that he or she receives to an eligible nonprofit entity.

(b) (1) (A) The Administrative Office of the Courts shall compile a list of eligible nonprofit entities to which a person receiving per diem compensation or mileage reimbursement, or both, under this chapter may make his or her donation under this section. (B) (i) In compiling the list of eligible nonprofit entities described under subdivision (b)(1)(A) of this section, the office shall consult with the Supreme Court and the Arkansas Judicial Council, Inc., to determine the eligible nonprofit entities under this section. (ii) The office is encouraged to seek input through public comment while compiling the list of eligible nonprofit entities. (2) An eligible nonprofit entity should have as one (1) of its primary goals the providing of: (A) Crime victim assistance or counseling; (B) Services for abused or neglected children; (C) Shelter for victims of domestic violence; (D) Services for veterans; or (E) Legal education for students seeking a Juris Doctor degree.

(1) (A) The Administrative Office of the Courts shall compile a list of eligible nonprofit entities to which a person receiving per diem compensation or mileage reimbursement, or both, under this chapter may make his or her donation under this section. (B) (i) In compiling the list of eligible nonprofit entities described under subdivision (b)(1)(A) of this section, the office shall consult with the Supreme Court and the Arkansas Judicial Council, Inc., to determine the eligible nonprofit entities under this section. (ii) The office is encouraged to seek input through public comment while compiling the list of eligible nonprofit entities.

(A) The Administrative Office of the Courts shall compile a list of eligible nonprofit entities to which a person receiving per diem compensation or mileage reimbursement, or both, under this chapter may make his or her donation under this section.

(B) (i) In compiling the list of eligible nonprofit entities described under subdivision (b)(1)(A) of this section, the office shall consult with the Supreme Court and the Arkansas Judicial Council, Inc., to determine the eligible nonprofit entities under this section. (ii) The office is encouraged to seek input through public comment while compiling the list of eligible nonprofit entities.

(i) In compiling the list of eligible nonprofit entities described under subdivision (b)(1)(A) of this section, the office shall consult with the Supreme Court and the Arkansas Judicial Council, Inc., to determine the eligible nonprofit entities under this section.

(ii) The office is encouraged to seek input through public comment while compiling the list of eligible nonprofit entities.

(2) An eligible nonprofit entity should have as one (1) of its primary goals the providing of: (A) Crime victim assistance or counseling; (B) Services for abused or neglected children; (C) Shelter for victims of domestic violence; (D) Services for veterans; or (E) Legal education for students seeking a Juris Doctor degree.

(A) Crime victim assistance or counseling;

(B) Services for abused or neglected children;

(C) Shelter for victims of domestic violence;

(D) Services for veterans; or

(E) Legal education for students seeking a Juris Doctor degree.

(c) The office shall offer guidance on procedures for making, collecting, and distributing donations under this section.

Added by Act 2021, No. 219,§ 1, eff. 1/1/2022.
Ark. Code Ann. § 16-21-150 — AR Code / Title 16 / Chapter 21 / Subchapter 1 / Section 16-21-150
Prosecution of appeals
Status: in_force

No prosecuting attorney shall prosecute city misdemeanor cases or appeals to circuit or appellate courts unless the prosecuting attorney consents to do so. Acts 1993, No. 1306, § 7.

No prosecuting attorney shall prosecute city misdemeanor cases or appeals to circuit or appellate courts unless the prosecuting attorney consents to do so.

Acts 1993, No. 1306, § 7.
Ark. Code Ann. § 16-66-412 — AR Code / Title 16 / Chapter 66 / Subchapter 4 / Section 16-66-412
Sale of corporate stock - Certificates of purchase
Status: in_force

(a) Shares or stock levied upon or seized shall be sold by the officer in the same manner as other personal property is sold under the writ by virtue of which the levy is made. The officer making the sale shall execute and deliver to the purchaser a certificate, which certificate may be in the following form: "I (name of the officer and his office) hereby certify, that I have this ............... day of ............... sold to (name of purchaser) ............... shares of the Capital Stock of the (name of the corporation) in conformity with the laws of the state, which said shares were by me seized on the ............... day of ..............., under and by virtue of a certain writ of (describe the writ) and issued and delivered to me out of the ............... Court, on the ............... day of ..............., in favor of (name of plaintiff) against (name of defendant) for the sum and price of $..............., which was the highest and best bid therefor. Witness my hand this ............... day of ................" (b) Upon presentation of the certificate to the president, secretary, cashier, or other principal officer of the corporation, who has charge of the stock books of the corporation, it shall be the duty of such officer to issue to the holder of the certificate a certificate of stock for the number of shares thus levied on and sold and transfer it on the stock books of the corporation, in the same manner as if transferred by the owner in person. When so transferred, the stock of the person whose interest has been sold by the officer under the writ of execution or attachment shall be deemed cancelled and wholly void. Acts 1891, No. 21, §§ 2, 3; C. & M. Dig., §§ 4343, 4344; Pope's Dig., §§ 5355, 5356; A.S.A. 1947, §§ 30-436, 30-437.

(a) Shares or stock levied upon or seized shall be sold by the officer in the same manner as other personal property is sold under the writ by virtue of which the levy is made. The officer making the sale shall execute and deliver to the purchaser a certificate, which certificate may be in the following form: "I (name of the officer and his office) hereby certify, that I have this ............... day of ............... sold to (name of purchaser) ............... shares of the Capital Stock of the (name of the corporation) in conformity with the laws of the state, which said shares were by me seized on the ............... day of ..............., under and by virtue of a certain writ of (describe the writ) and issued and delivered to me out of the ............... Court, on the ............... day of ..............., in favor of (name of plaintiff) against (name of defendant) for the sum and price of $..............., which was the highest and best bid therefor. Witness my hand this ............... day of ................"

"I (name of the officer and his office) hereby certify, that I have this ............... day of ............... sold to (name of purchaser) ............... shares of the Capital Stock of the (name of the corporation) in conformity with the laws of the state, which said shares were by me seized on the ............... day of ..............., under and by virtue of a certain writ of (describe the writ) and issued and delivered to me out of the ............... Court, on the ............... day of ..............., in favor of (name of plaintiff) against (name of defendant) for the sum and price of $..............., which was the highest and best bid therefor.

Witness my hand this ............... day of ................"

(b) Upon presentation of the certificate to the president, secretary, cashier, or other principal officer of the corporation, who has charge of the stock books of the corporation, it shall be the duty of such officer to issue to the holder of the certificate a certificate of stock for the number of shares thus levied on and sold and transfer it on the stock books of the corporation, in the same manner as if transferred by the owner in person. When so transferred, the stock of the person whose interest has been sold by the officer under the writ of execution or attachment shall be deemed cancelled and wholly void.

Acts 1891, No. 21, §§ 2, 3; C. & M. Dig., §§ 4343, 4344; Pope's Dig., §§ 5355, 5356; A.S.A. 1947, §§ 30-436, 30-437.
Ark. Code Ann. § 16-12-202 — AR Code / Title 16 / Chapter 12 / Subchapter 2 / Section 16-12-202
Court of Appeals - Transition
Status: in_force

The elections under this section shall be for an eight-year term as follows: (1) The judgeship designated prior to July 16, 2003, as "District 2, Position 2", shall continue to be designated "District 2, Position 2", and shall be subject to election in District 2; (2) The judgeship designated prior to July 16, 2003, as "District 4, Position 1", shall continue to be designated "District 4, Position 1", and shall be subject to election in District 4; (3) The judgeship designated prior to July 16, 2003, as "District 4, Position 2", shall continue to be designated "District 4, Position 2", and shall be subject to election in District 4; (4) The judgeship designated prior to July 16, 2003, as "District 5, Position 1", shall be designated "District 5" and shall be subject to election in District 5; (5) The judgeship designated prior to July 16, 2003, as "District 3, Position 2", shall continue to be designated "District 3, Position 2", and shall be subject to election in District 3; (6) The judgeship designated prior to July 16, 2003, as "District 1, Position 2", shall be designated "District 1, Position 1", and shall be subject to election in District 1; (7) The judgeship designated prior to July 16, 2003, as "District 5, Position 2", shall be designated "District 1, Position 2", and shall be subject to election in District 1; (8) The judgeship designated prior to July 16, 2003, as "District 6, Position 2", shall continue to be designated "District 6, Position 2", and shall be subject to election in District 6; (9) The judgeship designated prior to July 16, 2003, as "District 1, Position 1", shall be designated "District 7" and shall be subject to election in District 7; (10) The judgeship designated prior to July 16, 2003, as "District 6, Position 1", shall continue to be designated "District 6, Position 1", and shall be subject to election in District 6; (11) The judgeship designated prior to July 16, 2003, as "District 2, Position 1", shall continue to be designated "District 2, Position 1", and shall be subject to election in District 2; and (12) The judgeship designated prior to July 16, 2003, as "District 3, Position 1", shall continue to be designated "District 3, Position 1", and shall be subject to election in District 3. Acts 2003, No. 1812, § 3; 2011, No. 1132, § 5.

The elections under this section shall be for an eight-year term as follows:

(1) The judgeship designated prior to July 16, 2003, as "District 2, Position 2", shall continue to be designated "District 2, Position 2", and shall be subject to election in District 2;

(2) The judgeship designated prior to July 16, 2003, as "District 4, Position 1", shall continue to be designated "District 4, Position 1", and shall be subject to election in District 4;

(3) The judgeship designated prior to July 16, 2003, as "District 4, Position 2", shall continue to be designated "District 4, Position 2", and shall be subject to election in District 4;

(4) The judgeship designated prior to July 16, 2003, as "District 5, Position 1", shall be designated "District 5" and shall be subject to election in District 5;

(5) The judgeship designated prior to July 16, 2003, as "District 3, Position 2", shall continue to be designated "District 3, Position 2", and shall be subject to election in District 3;

(6) The judgeship designated prior to July 16, 2003, as "District 1, Position 2", shall be designated "District 1, Position 1", and shall be subject to election in District 1;

(7) The judgeship designated prior to July 16, 2003, as "District 5, Position 2", shall be designated "District 1, Position 2", and shall be subject to election in District 1;

(8) The judgeship designated prior to July 16, 2003, as "District 6, Position 2", shall continue to be designated "District 6, Position 2", and shall be subject to election in District 6;

(9) The judgeship designated prior to July 16, 2003, as "District 1, Position 1", shall be designated "District 7" and shall be subject to election in District 7;

(10) The judgeship designated prior to July 16, 2003, as "District 6, Position 1", shall continue to be designated "District 6, Position 1", and shall be subject to election in District 6;

(11) The judgeship designated prior to July 16, 2003, as "District 2, Position 1", shall continue to be designated "District 2, Position 1", and shall be subject to election in District 2; and

(12) The judgeship designated prior to July 16, 2003, as "District 3, Position 1", shall continue to be designated "District 3, Position 1", and shall be subject to election in District 3.

Acts 2003, No. 1812, § 3; 2011, No. 1132, § 5.
Ark. Code Ann. § 16-21-203 — AR Code / Title 16 / Chapter 21 / Subchapter 2 / Section 16-21-203
Prosecution Coordination Commission
Status: in_force

(a) (1) There is created a Prosecution Coordination Commission which shall be composed of seven (7) prosecuting attorneys elected by the prosecuting attorneys of the various judicial districts of this state from among their own members. (2) The Prosecution Coordination Commission shall be elected by the prosecuting attorneys according to rules adopted by them for a term of one (1) year which shall run from January 1 through December 31 of each year. (b) The commission members shall select from among their members a chairman, and they shall establish rules and procedures for the effective performance of their duties and responsibilities as set forth in this subchapter. (c) The commission shall have the following duties and responsibilities: (1) Accept and evaluate applications for the position of Prosecutor Coordinator and, by a majority vote of its members, appoint from among the applicants considered a Prosecutor Coordinator who shall serve in such capacity at the pleasure of the commission. However, any person serving in the capacity of Prosecutor Coordinator at any of the various times that the commission is elected pursuant to this section may continue to so serve, at the pleasure of the newly elected commission, without further consideration of other applicants; (2) Advise the Prosecutor Coordinator as to the immediate needs and priorities of the prosecution function throughout the state; (3) Establish the various duties and responsibilities of the Prosecutor Coordinator beyond those set forth in this subchapter; (4) Develop long-range educational services and other support programs for the various prosecuting attorneys of this state; (5) Serve as an advisory committee to the Prosecutor Coordinator for the production and supplementation of an office and trial manual and standardized criminal litigation forms; and (6) Render assistance and advice in the investigation of organized crime as requested by any organized crime prevention council which may be created on a statewide basis. Acts 1975, No. 925, § 2; A.S.A. 1947, § 24-127.

(a) (1) There is created a Prosecution Coordination Commission which shall be composed of seven (7) prosecuting attorneys elected by the prosecuting attorneys of the various judicial districts of this state from among their own members. (2) The Prosecution Coordination Commission shall be elected by the prosecuting attorneys according to rules adopted by them for a term of one (1) year which shall run from January 1 through December 31 of each year.

(1) There is created a Prosecution Coordination Commission which shall be composed of seven (7) prosecuting attorneys elected by the prosecuting attorneys of the various judicial districts of this state from among their own members.

(2) The Prosecution Coordination Commission shall be elected by the prosecuting attorneys according to rules adopted by them for a term of one (1) year which shall run from January 1 through December 31 of each year.

(b) The commission members shall select from among their members a chairman, and they shall establish rules and procedures for the effective performance of their duties and responsibilities as set forth in this subchapter.

(c) The commission shall have the following duties and responsibilities: (1) Accept and evaluate applications for the position of Prosecutor Coordinator and, by a majority vote of its members, appoint from among the applicants considered a Prosecutor Coordinator who shall serve in such capacity at the pleasure of the commission. However, any person serving in the capacity of Prosecutor Coordinator at any of the various times that the commission is elected pursuant to this section may continue to so serve, at the pleasure of the newly elected commission, without further consideration of other applicants; (2) Advise the Prosecutor Coordinator as to the immediate needs and priorities of the prosecution function throughout the state; (3) Establish the various duties and responsibilities of the Prosecutor Coordinator beyond those set forth in this subchapter; (4) Develop long-range educational services and other support programs for the various prosecuting attorneys of this state; (5) Serve as an advisory committee to the Prosecutor Coordinator for the production and supplementation of an office and trial manual and standardized criminal litigation forms; and (6) Render assistance and advice in the investigation of organized crime as requested by any organized crime prevention council which may be created on a statewide basis.

(1) Accept and evaluate applications for the position of Prosecutor Coordinator and, by a majority vote of its members, appoint from among the applicants considered a Prosecutor Coordinator who shall serve in such capacity at the pleasure of the commission. However, any person serving in the capacity of Prosecutor Coordinator at any of the various times that the commission is elected pursuant to this section may continue to so serve, at the pleasure of the newly elected commission, without further consideration of other applicants;

(2) Advise the Prosecutor Coordinator as to the immediate needs and priorities of the prosecution function throughout the state;

(3) Establish the various duties and responsibilities of the Prosecutor Coordinator beyond those set forth in this subchapter;

(4) Develop long-range educational services and other support programs for the various prosecuting attorneys of this state;

(5) Serve as an advisory committee to the Prosecutor Coordinator for the production and supplementation of an office and trial manual and standardized criminal litigation forms; and

(6) Render assistance and advice in the investigation of organized crime as requested by any organized crime prevention council which may be created on a statewide basis.

Acts 1975, No. 925, § 2; A.S.A. 1947, § 24-127.
Ark. Code Ann. § 16-90-202 — AR Code / Title 16 / Chapter 90 / Subchapter 2 / Section 16-90-202
Punishment for third conviction for certain offenses
Status: in_force

(a) When any person shall be convicted of murder, rape, carnal abuse, or kidnapping and it shall be shown that the person has been twice previously convicted of any of the above-mentioned crimes in this state or any other state, upon the third conviction the person shall be deemed a habitual criminal and shall be sentenced to life imprisonment in the Division of Correction. (b) However, nothing in this section shall be construed to abolish or otherwise affect punishment by death for crimes which are punishable by death. Amended by Act 2019, No. 910,§ 871, eff. 7/1/2019. Acts 1967, No. 212, § 1; A.S.A. 1947, § 43-2328.1.

(a) When any person shall be convicted of murder, rape, carnal abuse, or kidnapping and it shall be shown that the person has been twice previously convicted of any of the above-mentioned crimes in this state or any other state, upon the third conviction the person shall be deemed a habitual criminal and shall be sentenced to life imprisonment in the Division of Correction.

(b) However, nothing in this section shall be construed to abolish or otherwise affect punishment by death for crimes which are punishable by death.

Amended by Act 2019, No. 910,§ 871, eff. 7/1/2019.

Acts 1967, No. 212, § 1; A.S.A. 1947, § 43-2328.1.