Ark. Code Ann. § 16-89-126 — AR Code / Title 16 / Chapter 89 / Section 16-89-126
Verdict generally
Status: in_force

(a) When the jury has agreed upon their verdict, they must be conducted into court by the officer having them in charge, their names called by the clerk, and, if they all appear, their foreman must declare their verdict. (b) The jury may render either a general or a special verdict. (c) A general verdict is either "guilty" or "not guilty". If the verdict is guilty, the jury must affix the punishment if the amount thereof is not determined by law. (d) (1) A special verdict is the finding of the facts only, leaving the law arising on the facts to the judgment of the court, with an ascertainment of the punishment in the event that the court pronounces a judgment of conviction on the verdict. (2) A special verdict must present the conclusions of fact as established by the evidence, and not the evidence of those facts. The facts must be presented so that the court has nothing to do but draw the conclusions of law upon them. (3) The special verdict must be reduced to writing by the jury and read to them in the presence of the court. It shall not be received by the court unless it pronounces affirmatively on the facts necessary to enable the court to give judgment. (e) (1) Upon an indictment for an offense consisting of different degrees, the defendant may be found guilty of any degree not higher than that charged in the indictment and may be found guilty of any offense included in that charged in the indictment. (2) (A) The offenses named in each of the subdivisions of this section shall be deemed degrees of the same offense, in the meaning of subdivision (e)(1) of this section: (i) All offenses of homicide; (ii) All injuries to the person by maiming, wounding, beating, and assaulting, whether malicious or from sudden passion, and whether attended or not with the intention to kill; (iii) All offenses of larceny; (iv) Arson and house-burning; (v) Burglary and house-breaking; and (vi) An offense, and an attempt to commit the offense. (B) Offenses punished capitally are of the highest degree, other felonies are of higher degree than misdemeanor, and those punished by imprisonment are of higher degree than those punished by fine alone. (C) Where the punishment is the same in kind, the amount that may be inflicted fixes the degree. (3) Where there is a reasonable doubt of the degree of the offense which the defendant has committed, he or she shall be convicted only of the lower degree. (4) When the proof shows the defendant to be guilty of a higher degree of the offense than is charged in the indictment, the jury shall find him or her guilty of the degree charged in the indictment. (f) Upon an indictment against several, if the jury cannot agree as to all, they may render a verdict as to those concerning whom they do agree, and the case as to the others may be tried by another jury. (g) When there is a reasonable doubt of the defendant's guilt upon the testimony in the whole case, he or she is entitled to an acquittal. Crim. Code, §§ 237, 238, 253-260, 262, 263; C. & M. Dig., §§ 3183, 3184, 3201-3203, 3207-3211, 3213, 3214; Pope's Dig., §§ 4019, 4020, 4037-4039, 4043-4047, 4049, 4050; A.S.A. 1947, §§ 43-2143 -- 43-2151, 43-2157 -- 43-2159.

(a) When the jury has agreed upon their verdict, they must be conducted into court by the officer having them in charge, their names called by the clerk, and, if they all appear, their foreman must declare their verdict.

(b) The jury may render either a general or a special verdict.

(c) A general verdict is either "guilty" or "not guilty". If the verdict is guilty, the jury must affix the punishment if the amount thereof is not determined by law.

(d) (1) A special verdict is the finding of the facts only, leaving the law arising on the facts to the judgment of the court, with an ascertainment of the punishment in the event that the court pronounces a judgment of conviction on the verdict. (2) A special verdict must present the conclusions of fact as established by the evidence, and not the evidence of those facts. The facts must be presented so that the court has nothing to do but draw the conclusions of law upon them. (3) The special verdict must be reduced to writing by the jury and read to them in the presence of the court. It shall not be received by the court unless it pronounces affirmatively on the facts necessary to enable the court to give judgment.

(1) A special verdict is the finding of the facts only, leaving the law arising on the facts to the judgment of the court, with an ascertainment of the punishment in the event that the court pronounces a judgment of conviction on the verdict.

(2) A special verdict must present the conclusions of fact as established by the evidence, and not the evidence of those facts. The facts must be presented so that the court has nothing to do but draw the conclusions of law upon them.

(3) The special verdict must be reduced to writing by the jury and read to them in the presence of the court. It shall not be received by the court unless it pronounces affirmatively on the facts necessary to enable the court to give judgment.

(e) (1) Upon an indictment for an offense consisting of different degrees, the defendant may be found guilty of any degree not higher than that charged in the indictment and may be found guilty of any offense included in that charged in the indictment. (2) (A) The offenses named in each of the subdivisions of this section shall be deemed degrees of the same offense, in the meaning of subdivision (e)(1) of this section: (i) All offenses of homicide; (ii) All injuries to the person by maiming, wounding, beating, and assaulting, whether malicious or from sudden passion, and whether attended or not with the intention to kill; (iii) All offenses of larceny; (iv) Arson and house-burning; (v) Burglary and house-breaking; and (vi) An offense, and an attempt to commit the offense. (B) Offenses punished capitally are of the highest degree, other felonies are of higher degree than misdemeanor, and those punished by imprisonment are of higher degree than those punished by fine alone. (C) Where the punishment is the same in kind, the amount that may be inflicted fixes the degree. (3) Where there is a reasonable doubt of the degree of the offense which the defendant has committed, he or she shall be convicted only of the lower degree. (4) When the proof shows the defendant to be guilty of a higher degree of the offense than is charged in the indictment, the jury shall find him or her guilty of the degree charged in the indictment.

(1) Upon an indictment for an offense consisting of different degrees, the defendant may be found guilty of any degree not higher than that charged in the indictment and may be found guilty of any offense included in that charged in the indictment.

(2) (A) The offenses named in each of the subdivisions of this section shall be deemed degrees of the same offense, in the meaning of subdivision (e)(1) of this section: (i) All offenses of homicide; (ii) All injuries to the person by maiming, wounding, beating, and assaulting, whether malicious or from sudden passion, and whether attended or not with the intention to kill; (iii) All offenses of larceny; (iv) Arson and house-burning; (v) Burglary and house-breaking; and (vi) An offense, and an attempt to commit the offense. (B) Offenses punished capitally are of the highest degree, other felonies are of higher degree than misdemeanor, and those punished by imprisonment are of higher degree than those punished by fine alone. (C) Where the punishment is the same in kind, the amount that may be inflicted fixes the degree.

(A) The offenses named in each of the subdivisions of this section shall be deemed degrees of the same offense, in the meaning of subdivision (e)(1) of this section: (i) All offenses of homicide; (ii) All injuries to the person by maiming, wounding, beating, and assaulting, whether malicious or from sudden passion, and whether attended or not with the intention to kill; (iii) All offenses of larceny; (iv) Arson and house-burning; (v) Burglary and house-breaking; and (vi) An offense, and an attempt to commit the offense.

(i) All offenses of homicide;

(ii) All injuries to the person by maiming, wounding, beating, and assaulting, whether malicious or from sudden passion, and whether attended or not with the intention to kill;

(iii) All offenses of larceny;

(iv) Arson and house-burning;

(v) Burglary and house-breaking; and

(vi) An offense, and an attempt to commit the offense.

(B) Offenses punished capitally are of the highest degree, other felonies are of higher degree than misdemeanor, and those punished by imprisonment are of higher degree than those punished by fine alone.

(C) Where the punishment is the same in kind, the amount that may be inflicted fixes the degree.

(3) Where there is a reasonable doubt of the degree of the offense which the defendant has committed, he or she shall be convicted only of the lower degree.

(4) When the proof shows the defendant to be guilty of a higher degree of the offense than is charged in the indictment, the jury shall find him or her guilty of the degree charged in the indictment.

(f) Upon an indictment against several, if the jury cannot agree as to all, they may render a verdict as to those concerning whom they do agree, and the case as to the others may be tried by another jury.

(g) When there is a reasonable doubt of the defendant's guilt upon the testimony in the whole case, he or she is entitled to an acquittal.

Crim. Code, §§ 237, 238, 253-260, 262, 263; C. & M. Dig., §§ 3183, 3184, 3201-3203, 3207-3211, 3213, 3214; Pope's Dig., §§ 4019, 4020, 4037-4039, 4043-4047, 4049, 4050; A.S.A. 1947, §§ 43-2143 -- 43-2151, 43-2157 -- 43-2159.
Ark. Code Ann. § 16-65-122 — AR Code / Title 16 / Chapter 65 / Subchapter 1 / Section 16-65-122
Records to contain judgment debtors' social security number - Exceptions
Status: in_force

The records of all personal judgments rendered in circuit court shall contain the social security number of the judgment debtor unless otherwise prohibited under federal law or the social security number is unavailable. Acts 1993, No. 267, § 1.

The records of all personal judgments rendered in circuit court shall contain the social security number of the judgment debtor unless otherwise prohibited under federal law or the social security number is unavailable.

Acts 1993, No. 267, § 1.
Ark. Code Ann. § 16-105-304 — AR Code / Title 16 / Chapter 105 / Subchapter 3 / Section 16-105-304
Jurisdiction - Persons who may bring abatement proceedings
Status: in_force

(a) Jurisdiction is conferred upon the circuit courts of this state to abate the public nuisance defined in § 16-105-303 , upon petition in the name of the State of Arkansas on relation of the Attorney General or any prosecuting attorney of the state or without the concurrence of the officers upon the relation of ten (10) or more qualified electors and freeholders of the county living within a radius of two (2) miles wherein the public nuisance may exist, in the manner set forth in this subchapter. (b) On petition, addressed to the prosecuting attorney, of ten (10) qualified electors and freeholders of the county wherein the public nuisance may exist, it shall become the mandatory duty of the prosecuting attorney for the county and district wherein the public nuisance may exist to institute action in the circuit courts of this state to abate the public nuisance defined in § 16-105-303 in the manner provided in this subchapter. Acts 1937, No. 118, § 3; Pope's Dig., § 10911; A.S.A. 1947, § 34-113; Acts 2003, No. 1185, § 222.

(a) Jurisdiction is conferred upon the circuit courts of this state to abate the public nuisance defined in § 16-105-303 , upon petition in the name of the State of Arkansas on relation of the Attorney General or any prosecuting attorney of the state or without the concurrence of the officers upon the relation of ten (10) or more qualified electors and freeholders of the county living within a radius of two (2) miles wherein the public nuisance may exist, in the manner set forth in this subchapter.

(b) On petition, addressed to the prosecuting attorney, of ten (10) qualified electors and freeholders of the county wherein the public nuisance may exist, it shall become the mandatory duty of the prosecuting attorney for the county and district wherein the public nuisance may exist to institute action in the circuit courts of this state to abate the public nuisance defined in § 16-105-303 in the manner provided in this subchapter.

Acts 1937, No. 118, § 3; Pope's Dig., § 10911; A.S.A. 1947, § 34-113; Acts 2003, No. 1185, § 222.
Ark. Code Ann. § 16-90-1410 — AR Code / Title 16 / Chapter 90 / Subchapter 14 / Section 16-90-1410
Sealing records of nolle prosequi, dismissed cases, or cases when the disposition is an acquittal
Status: in_force

(a) A person may petition to seal the records of a case in which there was for any reason: (1) Entry of an order nolle prosequi upon motion of the prosecuting attorney after one (1) year has passed since the date of the entry of the order nolle prosequi; (2) Entry of an order of dismissal; (3) An acquittal, unless that acquittal was for reason of mental disease or defect under § 5-2-301 et seq.; or (4) A decision by the prosecuting attorney not to file charges. (b) The petition shall be filed in the court in which the order nolle prosequi or order of dismissal was entered. Added by Act 2013, No. 1460,§ 9, eff. 1/1/2014.

(a) A person may petition to seal the records of a case in which there was for any reason: (1) Entry of an order nolle prosequi upon motion of the prosecuting attorney after one (1) year has passed since the date of the entry of the order nolle prosequi; (2) Entry of an order of dismissal; (3) An acquittal, unless that acquittal was for reason of mental disease or defect under § 5-2-301 et seq.; or (4) A decision by the prosecuting attorney not to file charges.

(1) Entry of an order nolle prosequi upon motion of the prosecuting attorney after one (1) year has passed since the date of the entry of the order nolle prosequi;

(2) Entry of an order of dismissal;

(3) An acquittal, unless that acquittal was for reason of mental disease or defect under § 5-2-301 et seq.; or

(4) A decision by the prosecuting attorney not to file charges.

(b) The petition shall be filed in the court in which the order nolle prosequi or order of dismissal was entered.

Added by Act 2013, No. 1460,§ 9, eff. 1/1/2014.
Ark. Code Ann. § 16-1-101 — AR Code / Title 16 / Chapter 1 / Section 16-1-101
Recidivism definition and reporting
Status: in_force

(a) As used in this title, "recidivism" means a criminal act that results in the rearrest, reconviction, or return to incarceration of a person with a new sentence or a revocation from parole or post-release supervision during a three-year period following the person's release from custody. (b) An entity that makes a recidivism report under this title shall use the definition of recidivism in this section for purposes of the recidivism report. Amended by Act 2023, No. 659,§ 117, eff. 1/1/2024. Added by Act 2013, No. 1030,§ 3, eff. 8/16/2013.

(a) As used in this title, "recidivism" means a criminal act that results in the rearrest, reconviction, or return to incarceration of a person with a new sentence or a revocation from parole or post-release supervision during a three-year period following the person's release from custody.

(b) An entity that makes a recidivism report under this title shall use the definition of recidivism in this section for purposes of the recidivism report.

Amended by Act 2023, No. 659,§ 117, eff. 1/1/2024.

Added by Act 2013, No. 1030,§ 3, eff. 8/16/2013.
Ark. Code Ann. § 16-89-105 — AR Code / Title 16 / Chapter 89 / Section 16-89-105
[Repealed]
Status: repealed

Repealed by Act 2013, No. 237,§ 7, eff. 8/16/2013. Acts 1979, No. 664, §§ 1, 2; A.S.A. 1947, §§ 5-715.1, 5-715.2; Acts 1991, No. 469, § 2.

Repealed by Act 2013, No. 237,§ 7, eff. 8/16/2013.

Acts 1979, No. 664, §§ 1, 2; A.S.A. 1947, §§ 5-715.1, 5-715.2; Acts 1991, No. 469, § 2.
Ark. Code Ann. § 16-13-2504 — AR Code / Title 16 / Chapter 13 / Subchapter 25 / Section 16-13-2504
Exchange of districts
Status: in_force

The judges of the Twenty-third Judicial District and the Seventeenth Judicial District may, by agreement, temporarily exchange districts or hold court for each other as they deem necessary and appropriate. Acts 1977, No. 432, § 1; 1983, No. 669, § 1; A.S.A. 1947, § 22-365; Acts 1999, No. 456, § 4.

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

Acts 1977, No. 432, § 1; 1983, No. 669, § 1; A.S.A. 1947, § 22-365; Acts 1999, No. 456, § 4.
Ark. Code Ann. § 16-90-501 — AR Code / Title 16 / Chapter 90 / Subchapter 5 / Section 16-90-501
Delivery of copy of judgment and convict to Department of Correction
Status: in_force

(a) The clerk of the court in which is pronounced the sentence of death against any convict shall deliver a certified copy thereof to the Director of the Department of Correction as soon as may be after the sentence. (b) When a judgment of death is pronounced upon any person upon conviction of a capital offense, the person shall be immediately conveyed to the Department of Correction by the county sheriff of the county in which the trial was held and shall be delivered to the keeper of the department or director and kept there awaiting execution. Acts 1913, No. 55, § 3; C. & M. Dig., § 3253; Pope's Dig., § 4098; A.S.A. 1947, § 43-2610.

(a) The clerk of the court in which is pronounced the sentence of death against any convict shall deliver a certified copy thereof to the Director of the Department of Correction as soon as may be after the sentence.

(b) When a judgment of death is pronounced upon any person upon conviction of a capital offense, the person shall be immediately conveyed to the Department of Correction by the county sheriff of the county in which the trial was held and shall be delivered to the keeper of the department or director and kept there awaiting execution.

Acts 1913, No. 55, § 3; C. & M. Dig., § 3253; Pope's Dig., § 4098; A.S.A. 1947, § 43-2610.
Ark. Code Ann. § 16-55-110 — AR Code / Title 16 / Chapter 55 / Subchapter 1 / Section 16-55-110
Boards - Authority of majority
Status: in_force

An authority conferred upon three (3) or more persons may be exercised by a majority of them and a majority of three (3) or more persons may do any act directed to be performed by them. Civil Code, § 782; C. & M. Dig., § 9755; Pope's Dig., § 12511; A.S.A. 1947, § 27-133.

An authority conferred upon three (3) or more persons may be exercised by a majority of them and a majority of three (3) or more persons may do any act directed to be performed by them.

Civil Code, § 782; C. & M. Dig., § 9755; Pope's Dig., § 12511; A.S.A. 1947, § 27-133.
Ark. Code Ann. § 16-63-218 — AR Code / Title 16 / Chapter 63 / Subchapter 2 / Section 16-63-218
Original papers not removed
Status: in_force

No original pleading, motion, or deposition shall be permitted to be taken from the office of the clerk of the court unless by the order of the court or judge in each specific instance, but all original papers shall remain in the office subject to the inspection of all interested persons and their attorneys. Acts 1915, No. 290, § 18; C. & M. Dig., § 1186; Pope's Dig., § 1408; A.S.A. 1947, § 27-1104.

No original pleading, motion, or deposition shall be permitted to be taken from the office of the clerk of the court unless by the order of the court or judge in each specific instance, but all original papers shall remain in the office subject to the inspection of all interested persons and their attorneys.

Acts 1915, No. 290, § 18; C. & M. Dig., § 1186; Pope's Dig., § 1408; A.S.A. 1947, § 27-1104.
Ark. Code Ann. § 16-10-144 — AR Code / Title 16 / Chapter 10 / Subchapter 1 / Section 16-10-144
Contracts - Qualified treatment providers
Status: in_force

(a) The Director of the Administrative Office of the Courts may enter into a professional service contract with a qualified treatment provider to serve as a specialty court team member and to provide behavioral health treatment to specialty court participants. (b) The fees for contracted services provided by a qualified treatment provider shall be paid from funds appropriated for that purpose to the Administrative Office of the Courts. (c) Any funds appropriated for the purpose of this section remaining on June 30 shall be retained by the Administrative Office of the Courts and may be distributed after July 1 as supplemental funding for the expansion or establishment of specialty court programs in circuit courts. Added by Act 2023, No. 659,§ 118, eff. 1/1/2024.

(a) The Director of the Administrative Office of the Courts may enter into a professional service contract with a qualified treatment provider to serve as a specialty court team member and to provide behavioral health treatment to specialty court participants.

(b) The fees for contracted services provided by a qualified treatment provider shall be paid from funds appropriated for that purpose to the Administrative Office of the Courts.

(c) Any funds appropriated for the purpose of this section remaining on June 30 shall be retained by the Administrative Office of the Courts and may be distributed after July 1 as supplemental funding for the expansion or establishment of specialty court programs in circuit courts.

Added by Act 2023, No. 659,§ 118, eff. 1/1/2024.
Ark. Code Ann. § 16-90-1501 — AR Code / Title 16 / Chapter 90 / Subchapter 15 / Section 16-90-1501
Legislative findings and intent
Status: in_force

(a) The General Assembly finds that: (1) Arkansas law requires offenders to pay legal financial obligations to the state, cities, and counties imposed by various courts and law enforcement agencies; (2) Missed payments for fines and fees may lead to charges in court for failure to pay, failure to appear, and contempt, all of which result in additional fines and penalties; and (3) It is in the state's interest to study the efficacy of streamlining the assessment and collection of financial obligations for incarcerated or formerly incarcerated individuals. (b) The General Assembly intends to create a framework, consistent with Arkansas Constitution, Amendment 80, and the constitutional prerogatives of the state's prosecuting attorneys and judges, to enable persons who are incarcerated in the Department of Corrections to resolve all pending misdemeanor offenses committed within this state and assist in the identification of corresponding fines, fees, and costs resulting from those misdemeanor offenses. (c) This subchapter does not limit a court's ability to impose a financial obligation against any person who has been convicted of an offense. Added by Act 2021, No. 1048,§ 1, eff. 7/28/2021.

(a) The General Assembly finds that: (1) Arkansas law requires offenders to pay legal financial obligations to the state, cities, and counties imposed by various courts and law enforcement agencies; (2) Missed payments for fines and fees may lead to charges in court for failure to pay, failure to appear, and contempt, all of which result in additional fines and penalties; and (3) It is in the state's interest to study the efficacy of streamlining the assessment and collection of financial obligations for incarcerated or formerly incarcerated individuals.

(1) Arkansas law requires offenders to pay legal financial obligations to the state, cities, and counties imposed by various courts and law enforcement agencies;

(2) Missed payments for fines and fees may lead to charges in court for failure to pay, failure to appear, and contempt, all of which result in additional fines and penalties; and

(3) It is in the state's interest to study the efficacy of streamlining the assessment and collection of financial obligations for incarcerated or formerly incarcerated individuals.

(b) The General Assembly intends to create a framework, consistent with Arkansas Constitution, Amendment 80, and the constitutional prerogatives of the state's prosecuting attorneys and judges, to enable persons who are incarcerated in the Department of Corrections to resolve all pending misdemeanor offenses committed within this state and assist in the identification of corresponding fines, fees, and costs resulting from those misdemeanor offenses.

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

Added by Act 2021, No. 1048,§ 1, eff. 7/28/2021.
Ark. Code Ann. § 16-10-106 — AR Code / Title 16 / Chapter 10 / Subchapter 1 / Section 16-10-106
Power to issue writs and process
Status: in_force

All courts shall have power to issue all writs and process which may be necessary in the exercise of their respective jurisdiction, according to the principles and usages of law. Rev. Stat., ch. 43, § 20; C. & M. Dig., § 2104; Pope's Dig., § 2708; A.S.A. 1947, § 22-110.

All courts shall have power to issue all writs and process which may be necessary in the exercise of their respective jurisdiction, according to the principles and usages of law.

Rev. Stat., ch. 43, § 20; C. & M. Dig., § 2104; Pope's Dig., § 2708; A.S.A. 1947, § 22-110.
Ark. Code Ann. § 16-94-102 — AR Code / Title 16 / Chapter 94 / Subchapter 1 / Section 16-94-102
Transfer of convicted foreign citizens or nationals under treaty
Status: in_force

When a treaty is in effect between the United States and a foreign country providing for the transfer of a convicted offender who is a citizen or national of the foreign country to that country, the Governor is authorized, subject to the terms of the treaty, to consent to the transfer of the convicted offender. Acts 1981, No. 71, § 1; A.S.A. 1947, § 43-3002.1.

When a treaty is in effect between the United States and a foreign country providing for the transfer of a convicted offender who is a citizen or national of the foreign country to that country, the Governor is authorized, subject to the terms of the treaty, to consent to the transfer of the convicted offender.

Acts 1981, No. 71, § 1; A.S.A. 1947, § 43-3002.1.
Ark. Code Ann. § 16-66-501 — AR Code / Title 16 / Chapter 66 / Subchapter 5 / Section 16-66-501
Certificate of sale given purchaser by sheriff - Return of duplicate
Status: in_force

The sheriff shall give the purchaser of any real property, sold upon execution a certificate of sale in which the property sold shall be described and the price for which it is sold stated. The certificate shall be evidence of the purchase at the price stated, and the officer shall return a duplicate thereof with the execution. No conveyance shall be made to the purchaser nor the possession delivered to him or her until the time for redeeming has expired. If the property is redeemed by the defendant as provided in this subchapter, the sale and certificate of purchase shall be null and void. Civil Code, § 693; C. & M. Dig., § 4328; Pope's Dig., § 5340; A.S.A. 1947, § 30-439.

The sheriff shall give the purchaser of any real property, sold upon execution a certificate of sale in which the property sold shall be described and the price for which it is sold stated. The certificate shall be evidence of the purchase at the price stated, and the officer shall return a duplicate thereof with the execution. No conveyance shall be made to the purchaser nor the possession delivered to him or her until the time for redeeming has expired. If the property is redeemed by the defendant as provided in this subchapter, the sale and certificate of purchase shall be null and void.

Civil Code, § 693; C. & M. Dig., § 4328; Pope's Dig., § 5340; A.S.A. 1947, § 30-439.
Ark. Code Ann. § 16-93-701 — AR Code / Title 16 / Chapter 93 / Subchapter 7 / Section 16-93-701
Authority to grant and parameters
Status: in_force

(a) (1) The Post-Prison Transfer Board may release on parole any eligible inmate who is confined in any correctional institution administered by the Division of Correction or the Division of Community Correction, when in the board's opinion there is a reasonable probability that the inmate can be released without detriment to the community or himself or herself and is able and willing to fulfill the obligations of a law-abiding citizen. (2) All paroles shall issue upon order, duly adopted, of the board. (b) (1) Before ordering the release of an eligible inmate, the inmate shall be interviewed by the board or a revocation hearing judge or investigator employed by the board, unless a hearing is not required under § 16-93-615(a)(1)(D) and, for all parole decisions after January 1, 2012, the board shall consider the results of the risk-needs assessments of all parole applicants. (2) The parole shall be ordered only for the best interest of society and shall not be considered as a reduction of sentence or pardon. (3) An inmate while on parole shall remain in the legal custody of the agency from which he or she was released, but shall be subject to the orders of the board. Amended by Act 2023, No. 659,§ 198, eff. 1/1/2024. Amended by Act 2019, No. 910,§ 918, eff. 7/1/2019. Amended by Act 2015, No. 609,§ 5, eff. 7/22/2015. Acts 1968 (1st Ex. Sess.), No. 50, § 29; A.S.A. 1947, § 43-2808; Acts 1989, No. 937, § 6; 2011, No. 570, § 104.

(a) (1) The Post-Prison Transfer Board may release on parole any eligible inmate who is confined in any correctional institution administered by the Division of Correction or the Division of Community Correction, when in the board's opinion there is a reasonable probability that the inmate can be released without detriment to the community or himself or herself and is able and willing to fulfill the obligations of a law-abiding citizen. (2) All paroles shall issue upon order, duly adopted, of the board.

(1) The Post-Prison Transfer Board may release on parole any eligible inmate who is confined in any correctional institution administered by the Division of Correction or the Division of Community Correction, when in the board's opinion there is a reasonable probability that the inmate can be released without detriment to the community or himself or herself and is able and willing to fulfill the obligations of a law-abiding citizen.

(2) All paroles shall issue upon order, duly adopted, of the board.

(b) (1) Before ordering the release of an eligible inmate, the inmate shall be interviewed by the board or a revocation hearing judge or investigator employed by the board, unless a hearing is not required under § 16-93-615(a)(1)(D) and, for all parole decisions after January 1, 2012, the board shall consider the results of the risk-needs assessments of all parole applicants. (2) The parole shall be ordered only for the best interest of society and shall not be considered as a reduction of sentence or pardon. (3) An inmate while on parole shall remain in the legal custody of the agency from which he or she was released, but shall be subject to the orders of the board.

(1) Before ordering the release of an eligible inmate, the inmate shall be interviewed by the board or a revocation hearing judge or investigator employed by the board, unless a hearing is not required under § 16-93-615(a)(1)(D) and, for all parole decisions after January 1, 2012, the board shall consider the results of the risk-needs assessments of all parole applicants.

(2) The parole shall be ordered only for the best interest of society and shall not be considered as a reduction of sentence or pardon.

(3) An inmate while on parole shall remain in the legal custody of the agency from which he or she was released, but shall be subject to the orders of the board.

Amended by Act 2023, No. 659,§ 198, eff. 1/1/2024.

Amended by Act 2019, No. 910,§ 918, eff. 7/1/2019.

Amended by Act 2015, No. 609,§ 5, eff. 7/22/2015.

Acts 1968 (1st Ex. Sess.), No. 50, § 29; A.S.A. 1947, § 43-2808; Acts 1989, No. 937, § 6; 2011, No. 570, § 104.
Ark. Code Ann. § 16-85-702 — AR Code / Title 16 / Chapter 85 / Subchapter 7 / Section 16-85-702
Arraignment for felonies and misdemeanors - Exception
Status: in_force

The arraignment shall only be made in indictments for felonies and misdemeanors and may be dispensed with by the court, with the defendant's consent. Crim. Code, § 156; C. & M. Dig., § 3054; Pope's Dig., § 3880; A.S.A. 1947, § 43-1202; Acts 2005, No. 1994, § 295.

The arraignment shall only be made in indictments for felonies and misdemeanors and may be dispensed with by the court, with the defendant's consent.

Crim. Code, § 156; C. & M. Dig., § 3054; Pope's Dig., § 3880; A.S.A. 1947, § 43-1202; Acts 2005, No. 1994, § 295.
Ark. Code Ann. § 16-13-1901 — AR Code / Title 16 / Chapter 13 / Subchapter 19 / Section 16-13-1901
Composition
Status: in_force

(a) The Eleventh Judicial District-East shall be composed of Arkansas County. (b) The Eleventh Judicial District-West shall be composed of the counties of Jefferson and Lincoln. Acts 1977, No. 432, § 1; 1981, No. 609, § 1; 1983, No. 922, § 15; A.S.A. 1947, § 22-365.

(a) The Eleventh Judicial District-East shall be composed of Arkansas County.

(b) The Eleventh Judicial District-West shall be composed of the counties of Jefferson and Lincoln.

Acts 1977, No. 432, § 1; 1981, No. 609, § 1; 1983, No. 922, § 15; A.S.A. 1947, § 22-365.
Ark. Code Ann. § 16-105-501 — AR Code / Title 16 / Chapter 105 / Subchapter 5 / Section 16-105-501
Definitions
Status: in_force

As used in this subchapter: (1) "Local unit of government" means a county, city of the first class, city of the second class, or incorporated town; (2) "Person" means an individual, proprietorship, partnership, corporation, association, or other legal entity; and (3) "Sport shooting range" or "range" means an area designed and operated for the use of rifles, shotguns, pistols, silhouettes, skeet, trap, black powder, or any other similar sport shooting. Acts 1997, No. 602, § 1.

As used in this subchapter:

(1) "Local unit of government" means a county, city of the first class, city of the second class, or incorporated town;

(2) "Person" means an individual, proprietorship, partnership, corporation, association, or other legal entity; and

(3) "Sport shooting range" or "range" means an area designed and operated for the use of rifles, shotguns, pistols, silhouettes, skeet, trap, black powder, or any other similar sport shooting.

Acts 1997, No. 602, § 1.
Ark. Code Ann. § 16-123-603 — AR Code / Title 16 / Chapter 123 / Section 16-123-603
Religious discrimination prohibited
Status: in_force

(a) The state government shall not take any discriminatory action against a religious organization on the basis of the religious identity or status of the religious organization, including the religious organization maintaining policies and procedures in accordance with a sincerely held religious belief, or the religious organization engaging in religious conduct protected by the First Amendment to the United States Constitution or the Arkansas Constitution unless it is demonstrated that the action against the religious organization in this particular instance is: (1) Essential to further a compelling governmental interest; and (2) The least restrictive means of furthering that compelling governmental interest. (b) The state government shall consider any person for a contract, grant, or agreement that would otherwise be considered for a contract, grant, or agreement but for a determination against the person wholly or partially on the basis that the person maintains policies and procedures, or acts in accordance with, a sincerely held religious belief unless refusal of consideration of the person in this particular instance is: (1) Essential to further a compelling governmental interest; and (2) The least restrictive means of furthering that compelling governmental interest. Added by Act 2023, No. 733,§ 5, eff. 8/1/2023.

(a) The state government shall not take any discriminatory action against a religious organization on the basis of the religious identity or status of the religious organization, including the religious organization maintaining policies and procedures in accordance with a sincerely held religious belief, or the religious organization engaging in religious conduct protected by the First Amendment to the United States Constitution or the Arkansas Constitution unless it is demonstrated that the action against the religious organization in this particular instance is: (1) Essential to further a compelling governmental interest; and (2) The least restrictive means of furthering that compelling governmental interest.

(1) Essential to further a compelling governmental interest; and

(2) The least restrictive means of furthering that compelling governmental interest.

(b) The state government shall consider any person for a contract, grant, or agreement that would otherwise be considered for a contract, grant, or agreement but for a determination against the person wholly or partially on the basis that the person maintains policies and procedures, or acts in accordance with, a sincerely held religious belief unless refusal of consideration of the person in this particular instance is: (1) Essential to further a compelling governmental interest; and (2) The least restrictive means of furthering that compelling governmental interest.

(1) Essential to further a compelling governmental interest; and

(2) The least restrictive means of furthering that compelling governmental interest.

Added by Act 2023, No. 733,§ 5, eff. 8/1/2023.
Ark. Code Ann. § 16-17-915 — AR Code / Title 16 / Chapter 17 / Subchapter 9 / Section 16-17-915
[Repealed]
Status: repealed

Repealed by Act 2023, No. 685,§ 2, eff. 1/1/2025. Amended by Act 2017, No. 723,§ 1, eff. 8/1/2017. Acts 2003, No. 1727, §; 15; 2007, No. 663, § 44.

Repealed by Act 2023, No. 685,§ 2, eff. 1/1/2025.

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

Acts 2003, No. 1727, §; 15; 2007, No. 663, § 44.
Ark. Code Ann. § 16-20-301 — AR Code / Title 16 / Chapter 20 / Subchapter 3 / Section 16-20-301
Preservation of seal and property of office
Status: in_force

(a) Each circuit clerk shall preserve the seal and other property belonging to his or her office and shall provide suitable books, stationery, furniture, and other things necessary for his or her office. (b) A circuit clerk's seal shall be clear and legible and capable of photographic reproduction. (c) The impression of the seal by stamp shall be sufficient sealing in a situation in which sealing is required. Amended by Act 2015, No. 1152,§ 4, eff. 7/22/2015. Amended by Act 2015, No. 581,§ 1, eff. 7/22/2015. Amended by Act 2013, No. 469,§ 2, eff. 8/16/2013. Rev. Stat., ch. 25, § 8; C. & M. Dig., § 1371; Pope's Dig., § 1632; A.S.A. 1947, § 23-307.

(a) Each circuit clerk shall preserve the seal and other property belonging to his or her office and shall provide suitable books, stationery, furniture, and other things necessary for his or her office.

(b) A circuit clerk's seal shall be clear and legible and capable of photographic reproduction.

(c) The impression of the seal by stamp shall be sufficient sealing in a situation in which sealing is required.

Amended by Act 2015, No. 1152,§ 4, eff. 7/22/2015.

Amended by Act 2015, No. 581,§ 1, eff. 7/22/2015.

Amended by Act 2013, No. 469,§ 2, eff. 8/16/2013.

Rev. Stat., ch. 25, § 8; C. & M. Dig., § 1371; Pope's Dig., § 1632; A.S.A. 1947, § 23-307.
Ark. Code Ann. § 16-19-610 — AR Code / Title 16 / Chapter 19 / Subchapter 6 / Section 16-19-610
[Repealed]
Status: repealed

Repealed by Act 2021, No. 475,§ 15, eff. 7/28/2021. Acts 1893, No. 171, § 4, p. 301; C. & M. Dig., § 6407; Pope's Dig., § 8369; Acts 1959, No. 71, § 1; A.S.A. 1947, §§ 26-615, 26-622.

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

Acts 1893, No. 171, § 4, p. 301; C. & M. Dig., § 6407; Pope's Dig., § 8369; Acts 1959, No. 71, § 1; A.S.A. 1947, §§ 26-615, 26-622.
Ark. Code Ann. § 16-90-104 — AR Code / Title 16 / Chapter 90 / Subchapter 1 / Section 16-90-104
Commitment of women for felony
Status: in_force

Women who are convicted of or who plead guilty to the commission of felonies may be committed to the Division of Correction by any court of criminal jurisdiction. Amended by Act 2021, No. 475,§ 19, eff. 7/28/2021. Amended by Act 2019, No. 910,§ 859, eff. 7/1/2019. Acts 1939, No. 117, § 1; 1971, No. 72, § 1; 1971, No. 195, § 1; A.S.A. 1947, § 46-804.

Women who are convicted of or who plead guilty to the commission of felonies may be committed to the Division of Correction by any court of criminal jurisdiction.

Amended by Act 2021, No. 475,§ 19, eff. 7/28/2021.

Amended by Act 2019, No. 910,§ 859, eff. 7/1/2019.

Acts 1939, No. 117, § 1; 1971, No. 72, § 1; 1971, No. 195, § 1; A.S.A. 1947, § 46-804.
Ark. Code Ann. § 16-93-1901 — AR Code / Title 16 / Chapter 93 / Subchapter 19 / Section 16-93-1901
Applicability
Status: in_force

This subchapter applies to a felony offense committed on or after January 1, 2025. Added by Act 2023, No. 659,§ 2, eff. 1/1/2024.

This subchapter applies to a felony offense committed on or after January 1, 2025.

Added by Act 2023, No. 659,§ 2, eff. 1/1/2024.
Ark. Code Ann. § 16-65-115 — AR Code / Title 16 / Chapter 65 / Subchapter 1 / Section 16-65-115
Passage of title by decree
Status: in_force

(a) In all cases where the court may decree the conveyance of real estate or the delivery of personal property, it may by decree pass the title of the property, without any act to be done on the part of the defendant, when it shall be proper, and may issue a writ of possession, if necessary, to put the party in possession of the real or personal property or may proceed by attachment or sequestration. (b) When an unconditional decree is made for a conveyance, release, or acquittance and the party required to execute the conveyance, release, or acquittance shall not comply therewith, the decree shall be considered and taken to have the same operation and effect and be as available as if the conveyance, release, or acquittance had been executed conformably to the decree. Rev. Stat., ch. 23, §§ 123, 124; C. & M. Dig., §§ 6297, 6298; Pope's Dig., §§ 8253, 8254; A.S.A. 1947, §§ 29-126, 29-127.

(a) In all cases where the court may decree the conveyance of real estate or the delivery of personal property, it may by decree pass the title of the property, without any act to be done on the part of the defendant, when it shall be proper, and may issue a writ of possession, if necessary, to put the party in possession of the real or personal property or may proceed by attachment or sequestration.

(b) When an unconditional decree is made for a conveyance, release, or acquittance and the party required to execute the conveyance, release, or acquittance shall not comply therewith, the decree shall be considered and taken to have the same operation and effect and be as available as if the conveyance, release, or acquittance had been executed conformably to the decree.

Rev. Stat., ch. 23, §§ 123, 124; C. & M. Dig., §§ 6297, 6298; Pope's Dig., §§ 8253, 8254; A.S.A. 1947, §§ 29-126, 29-127.
Ark. Code Ann. § 16-62-108 — AR Code / Title 16 / Chapter 62 / Section 16-62-108
Revivor of actions against plaintiff's representative or successor - Exception
Status: in_force

An order to revive an action in the names of the representatives or successor of a plaintiff may be made forthwith. However, an order to so revive the action shall not be made without the consent of the defendant after the expiration of one (1) year from the time when the order might first have been made. Where the defendant shall also have died, or his or her powers have ceased in the meantime, the order of revivor on both sides may be made within the period provided by this section or the period provided by § 16-62-107(b) , whichever shall be longer. Civil Code, § 562; C. & M. Dig., § 1066; Pope's Dig., § 1269; Acts 1963, No. 84, § 4; A.S.A. 1947, § 27-1017.

An order to revive an action in the names of the representatives or successor of a plaintiff may be made forthwith. However, an order to so revive the action shall not be made without the consent of the defendant after the expiration of one (1) year from the time when the order might first have been made. Where the defendant shall also have died, or his or her powers have ceased in the meantime, the order of revivor on both sides may be made within the period provided by this section or the period provided by § 16-62-107(b) , whichever shall be longer.

Civil Code, § 562; C. & M. Dig., § 1066; Pope's Dig., § 1269; Acts 1963, No. 84, § 4; A.S.A. 1947, § 27-1017.
Ark. Code Ann. § 16-13-2701 — AR Code / Title 16 / Chapter 13 / Subchapter 27 / Section 16-13-2701
Composition
Status: in_force

The Nineteenth Judicial District shall be composed of the counties of Benton and Carroll. Acts 1977, No. 432, § 1; A.S.A. 1947, § 22-365.

The Nineteenth Judicial District shall be composed of the counties of Benton and Carroll.

Acts 1977, No. 432, § 1; A.S.A. 1947, § 22-365.
Ark. Code Ann. § 16-64-122 — AR Code / Title 16 / Chapter 64 / Section 16-64-122
Comparative fault
Status: in_force

(a) Except as otherwise provided under § 16-118-109 , in all actions for damages for personal injuries or wrongful death or injury to property in which recovery is predicated upon fault, liability shall be determined by comparing the fault chargeable to a claiming party with the fault chargeable to the party or parties from whom the claiming party seeks to recover damages. (b) (1) If the fault chargeable to a party claiming damages is of a lesser degree than the fault chargeable to the party or parties from whom the claiming party seeks to recover damages, then the claiming party is entitled to recover the amount of his or her damages after they have been diminished in proportion to the degree of his or her own fault. (2) If the fault chargeable to a party claiming damages is equal to or greater in degree than any fault chargeable to the party or parties from whom the claiming party seeks to recover damages, then the claiming party is not entitled to recover such damages. (c) The word "fault" as used in this section includes any act, omission, conduct, risk assumed, breach of warranty, or breach of any legal duty which is a proximate cause of any damages sustained by any party. (d) In cases where the issue of comparative fault is submitted to the jury by an interrogatory, counsel for the parties shall be permitted to argue to the jury the effect of an answer to any interrogatory. Amended by Act 2023, No. 354,§ 1, eff. 8/1/2023. Acts 1975, No. 367, §§ 1-3; A.S.A. 1947, §§ 27-1763 -- 27-1765; Acts 1991, No. 663, § 1.

(a) Except as otherwise provided under § 16-118-109 , in all actions for damages for personal injuries or wrongful death or injury to property in which recovery is predicated upon fault, liability shall be determined by comparing the fault chargeable to a claiming party with the fault chargeable to the party or parties from whom the claiming party seeks to recover damages.

(b) (1) If the fault chargeable to a party claiming damages is of a lesser degree than the fault chargeable to the party or parties from whom the claiming party seeks to recover damages, then the claiming party is entitled to recover the amount of his or her damages after they have been diminished in proportion to the degree of his or her own fault. (2) If the fault chargeable to a party claiming damages is equal to or greater in degree than any fault chargeable to the party or parties from whom the claiming party seeks to recover damages, then the claiming party is not entitled to recover such damages.

(1) If the fault chargeable to a party claiming damages is of a lesser degree than the fault chargeable to the party or parties from whom the claiming party seeks to recover damages, then the claiming party is entitled to recover the amount of his or her damages after they have been diminished in proportion to the degree of his or her own fault.

(2) If the fault chargeable to a party claiming damages is equal to or greater in degree than any fault chargeable to the party or parties from whom the claiming party seeks to recover damages, then the claiming party is not entitled to recover such damages.

(c) The word "fault" as used in this section includes any act, omission, conduct, risk assumed, breach of warranty, or breach of any legal duty which is a proximate cause of any damages sustained by any party.

(d) In cases where the issue of comparative fault is submitted to the jury by an interrogatory, counsel for the parties shall be permitted to argue to the jury the effect of an answer to any interrogatory.

Amended by Act 2023, No. 354,§ 1, eff. 8/1/2023.

Acts 1975, No. 367, §§ 1-3; A.S.A. 1947, §§ 27-1763 -- 27-1765; Acts 1991, No. 663, § 1.
Ark. Code Ann. § 16-13-1801 — AR Code / Title 16 / Chapter 13 / Subchapter 18 / Section 16-13-1801
Composition
Status: in_force

The Tenth Judicial District shall be composed of the counties of Ashley, Bradley, Chicot, Desha, and Drew. Acts 1977, No. 432, § 1; A.S.A. 1947, § 22-365.

The Tenth Judicial District shall be composed of the counties of Ashley, Bradley, Chicot, Desha, and Drew.

Acts 1977, No. 432, § 1; A.S.A. 1947, § 22-365.
Ark. Code Ann. § 16-61-207 — AR Code / Title 16 / Chapter 61 / Subchapter 2 / Section 16-61-207
[For applicabity, see Notes] Third party practice - Amended complaints - Counterclaims and cross-complaints - Motion practice
Status: in_force

(1) Before answering, a defendant seeking contribution in a tort action may move ex parte or, after answering, on notice to the plaintiff, for leave as a third party plaintiff to serve a summons and complaint upon a person not a party to the action who is or may be liable as a joint tortfeasor to him or her to the plaintiff for all or part of the plaintiff's claim against him or her. If the motion is granted and the summons and complaint are served, the person so served, hereinafter called the third party defendant, shall make his or her defense to the complaint of the plaintiff and to the third party complaint in the same manner as defenses are made by an original defendant to an original complaint. The third party defendant may assert any defenses which the third party plaintiff has to the plaintiff's claim. The plaintiff may amend his or her pleadings to assert against the third party defendant any claim which the plaintiff might have asserted against the third party defendant had he or she been joined originally as a defendant. The third party defendant is bound by the adjudication of the third party plaintiff's liability to the plaintiff as well as of his or her own liability to the plaintiff and to the third party plaintiff. A third party defendant may proceed under this section against any person not a party to the action who is or may be liable as a joint tortfeasor to him or her or to the third party plaintiff for all or part of the claim made in the action against the third party defendant. (2) When a counterclaim is asserted against a plaintiff he or she may cause a third party to be brought in under circumstances which under this section would entitle a defendant to do so. (3) A pleader may either (a) state as a cross-claim against a coparty any claim that the coparty is or may be liable to the cross-claimant for all or part of a claim asserted in the action against the cross-claimant; or (b) move for judgment for contribution against any other joint judgment debtor, where in a single action a judgment has been entered against joint tortfeasors one (1) of whom has discharged the judgment by payment or has paid more than his or her pro rata share thereof. If relief can be obtained as provided in this subsection no independent action shall be maintained to enforce the claim for contribution. (4) The court may render such judgments, one (1) or more in number, as may be suitable under the provisions of this subchapter. (5) [Repealed.] (6) In the event plaintiff or defendant fails to serve third parties in such time and manner as may be required for third parties to be brought in and for service on the same to have matured on the day set for the original proceedings between the original parties, such failure shall not delay prosecution of proceedings between the original parties or impair the original defendant's right of contribution. Amended by Act 2013, No. 1116,§ 7, eff. 8/16/2013, and applicable to all causes of action accruing on or after March 25, 2003. Acts 1941, No. 315, § 7; A.S.A. 1947, § 34-1007; Acts 1993, No. 759, § 1.

(1) Before answering, a defendant seeking contribution in a tort action may move ex parte or, after answering, on notice to the plaintiff, for leave as a third party plaintiff to serve a summons and complaint upon a person not a party to the action who is or may be liable as a joint tortfeasor to him or her to the plaintiff for all or part of the plaintiff's claim against him or her. If the motion is granted and the summons and complaint are served, the person so served, hereinafter called the third party defendant, shall make his or her defense to the complaint of the plaintiff and to the third party complaint in the same manner as defenses are made by an original defendant to an original complaint. The third party defendant may assert any defenses which the third party plaintiff has to the plaintiff's claim. The plaintiff may amend his or her pleadings to assert against the third party defendant any claim which the plaintiff might have asserted against the third party defendant had he or she been joined originally as a defendant. The third party defendant is bound by the adjudication of the third party plaintiff's liability to the plaintiff as well as of his or her own liability to the plaintiff and to the third party plaintiff. A third party defendant may proceed under this section against any person not a party to the action who is or may be liable as a joint tortfeasor to him or her or to the third party plaintiff for all or part of the claim made in the action against the third party defendant.

(2) When a counterclaim is asserted against a plaintiff he or she may cause a third party to be brought in under circumstances which under this section would entitle a defendant to do so.

(3) A pleader may either (a) state as a cross-claim against a coparty any claim that the coparty is or may be liable to the cross-claimant for all or part of a claim asserted in the action against the cross-claimant; or (b) move for judgment for contribution against any other joint judgment debtor, where in a single action a judgment has been entered against joint tortfeasors one (1) of whom has discharged the judgment by payment or has paid more than his or her pro rata share thereof. If relief can be obtained as provided in this subsection no independent action shall be maintained to enforce the claim for contribution.

(4) The court may render such judgments, one (1) or more in number, as may be suitable under the provisions of this subchapter.

(5) [Repealed.]

(6) In the event plaintiff or defendant fails to serve third parties in such time and manner as may be required for third parties to be brought in and for service on the same to have matured on the day set for the original proceedings between the original parties, such failure shall not delay prosecution of proceedings between the original parties or impair the original defendant's right of contribution.

Amended by Act 2013, No. 1116,§ 7, eff. 8/16/2013, and applicable to all causes of action accruing on or after March 25, 2003.

Acts 1941, No. 315, § 7; A.S.A. 1947, § 34-1007; Acts 1993, No. 759, § 1.
Ark. Code Ann. § 16-61-204 — AR Code / Title 16 / Chapter 61 / Subchapter 2 / Section 16-61-204
[For applicabity, see Notes] Release - Effect on injured person's claim and on right of contribution
Status: in_force

(a) A release by the injured person of one (1) joint tortfeasor, whether before or after judgment, does not discharge the other joint tortfeasors unless the release so provides. (b) A release by the injured person of a joint tortfeasor does not relieve the released tortfeasor from liability to make contribution to another joint tortfeasor unless the release is given before the right of the other joint tortfeasor to secure a money judgment for contribution has accrued and provides for a reduction, to the extent of the pro rata share of the released joint tortfeasor, of the injured person's damages recoverable against all other joint tortfeasors. (c) When the injured person releases a joint tortfeasor, the injured person's damages recoverable against all the other joint tortfeasors shall be reduced by the greatest of the following: (1) The amount of the consideration paid for the release; (2) The pro rata share of the released joint tortfeasor's responsibility for the injured person's damages; or (3) Any amount or proportion by which the release provides that the total claim shall be reduced. (d) When the injured person releases a joint tortfeasor, the remaining defendants are entitled to a determination by the finder of fact of the released joint tortsfeasor's pro rata share of responsibility for the injured person's damages. Amended by Act 2013, No. 1116,§ 5, eff. 8/16/2013, and applicable to all causes of action accruing on or after March 25, 2003. Acts 1941, No. 315, § 4; A.S.A. 1947, § 34-1004.

(a) A release by the injured person of one (1) joint tortfeasor, whether before or after judgment, does not discharge the other joint tortfeasors unless the release so provides.

(b) A release by the injured person of a joint tortfeasor does not relieve the released tortfeasor from liability to make contribution to another joint tortfeasor unless the release is given before the right of the other joint tortfeasor to secure a money judgment for contribution has accrued and provides for a reduction, to the extent of the pro rata share of the released joint tortfeasor, of the injured person's damages recoverable against all other joint tortfeasors.

(c) When the injured person releases a joint tortfeasor, the injured person's damages recoverable against all the other joint tortfeasors shall be reduced by the greatest of the following: (1) The amount of the consideration paid for the release; (2) The pro rata share of the released joint tortfeasor's responsibility for the injured person's damages; or (3) Any amount or proportion by which the release provides that the total claim shall be reduced.

(1) The amount of the consideration paid for the release;

(2) The pro rata share of the released joint tortfeasor's responsibility for the injured person's damages; or

(3) Any amount or proportion by which the release provides that the total claim shall be reduced.

(d) When the injured person releases a joint tortfeasor, the remaining defendants are entitled to a determination by the finder of fact of the released joint tortsfeasor's pro rata share of responsibility for the injured person's damages.

Amended by Act 2013, No. 1116,§ 5, eff. 8/16/2013, and applicable to all causes of action accruing on or after March 25, 2003.

Acts 1941, No. 315, § 4; A.S.A. 1947, § 34-1004.
Ark. Code Ann. § 16-110-110 — AR Code / Title 16 / Chapter 110 / Subchapter 1 / Section 16-110-110
Issuance of orders of attachments to other counties
Status: in_force

(a) Orders of attachment may be issued to the county sheriffs or other officers of other counties, and several of them may, at the option of the plaintiff, be issued at the same time or in succession. (b) Only those attachments which have been executed in whole or in part shall be taxed in the costs unless otherwise directed by the court. Civil Code, § 221; C. & M. Dig., § 500; Pope's Dig., § 537; A.S.A. 1947, § 31-113.

(a) Orders of attachment may be issued to the county sheriffs or other officers of other counties, and several of them may, at the option of the plaintiff, be issued at the same time or in succession.

(b) Only those attachments which have been executed in whole or in part shall be taxed in the costs unless otherwise directed by the court.

Civil Code, § 221; C. & M. Dig., § 500; Pope's Dig., § 537; A.S.A. 1947, § 31-113.
Ark. Code Ann. § 16-95-103 — AR Code / Title 16 / Chapter 95 / Section 16-95-103
Enforcement
Status: in_force

All courts, departments, agencies, officers, and employees of this state and its political subdivisions are directed to enforce the Agreement on Detainers and to cooperate with one another and with other party states in enforcing the agreement and effectuating its purpose. Acts 1971, No. 705, § 3; A.S.A. 1947, § 43-3203.

All courts, departments, agencies, officers, and employees of this state and its political subdivisions are directed to enforce the Agreement on Detainers and to cooperate with one another and with other party states in enforcing the agreement and effectuating its purpose.

Acts 1971, No. 705, § 3; A.S.A. 1947, § 43-3203.
Ark. Code Ann. § 16-43-404 — AR Code / Title 16 / Chapter 43 / Subchapter 4 / Section 16-43-404
Witnesses immune from arrest
Status: in_force

If a person comes into this state in obedience to a summons directing him to attend and testify in a criminal prosecution in this state he shall not while in this state pursuant to such summons be subject to arrest or the service of process, civil or criminal, in connection with matters which arose before his entrance into this state under the summons. If a person passes through this state while going to another state in obedience to a summons to attend and testify in a criminal prosecution in that state or while returning therefrom, he shall not while so passing through this state be subject to arrest or the service of process, civil or criminal, in connection with matters which arose before his entrance into this state under the summons. Acts 1935, No. 65, § 3; Pope's Dig., § 3944; A.S.A. 1947, § 43-2007.

If a person comes into this state in obedience to a summons directing him to attend and testify in a criminal prosecution in this state he shall not while in this state pursuant to such summons be subject to arrest or the service of process, civil or criminal, in connection with matters which arose before his entrance into this state under the summons.

If a person passes through this state while going to another state in obedience to a summons to attend and testify in a criminal prosecution in that state or while returning therefrom, he shall not while so passing through this state be subject to arrest or the service of process, civil or criminal, in connection with matters which arose before his entrance into this state under the summons.

Acts 1935, No. 65, § 3; Pope's Dig., § 3944; A.S.A. 1947, § 43-2007.
Ark. Code Ann. § 16-22-405 — AR Code / Title 16 / Chapter 22 / Subchapter 4 / Section 16-22-405
Failure to appear - Compelling appearance
Status: in_force

If the accused fails to appear according to the command of the citation, his appearance may be compelled by attachment, or the court may proceed ex parte. Rev. Stat., ch. 15, § 17; C. & M. Dig., § 615; Pope's Dig., § 655; A.S.A. 1947, § 25-406.

If the accused fails to appear according to the command of the citation, his appearance may be compelled by attachment, or the court may proceed ex parte.

Rev. Stat., ch. 15, § 17; C. & M. Dig., § 615; Pope's Dig., § 655; A.S.A. 1947, § 25-406.
Ark. Code Ann. § 16-59-106 — AR Code / Title 16 / Chapter 59 / Section 16-59-106
Accounts due state lien from commencement of action
Status: in_force

The amount of any account audited, adjusted, and found due the state, with the penalties and interest thereon, shall be a lien on all the real estate of the person charged with the amount of any such account from the time the suit shall be brought for the recovery thereof. Rev. Stat., ch. 18, § 35; C. & M. Dig., § 9302; Pope's Dig., § 11988; A.S.A. 1947, § 27-505.

The amount of any account audited, adjusted, and found due the state, with the penalties and interest thereon, shall be a lien on all the real estate of the person charged with the amount of any such account from the time the suit shall be brought for the recovery thereof.

Rev. Stat., ch. 18, § 35; C. & M. Dig., § 9302; Pope's Dig., § 11988; A.S.A. 1947, § 27-505.
Ark. Code Ann. § 16-33-308 — AR Code / Title 16 / Chapter 33 / Subchapter 3 / Section 16-33-308
Challenge to trial jurors - Hearing
Status: in_force

(a) Challenges shall be tried and determined by the court in a summary manner, without the issues of law or of fact arising thereon being reduced to writing. (b) The juror himself may be examined on oath by either party upon challenge. (c) Other witnesses may also be examined and their attendance coerced. Crim. Code, §§ 213-215; C. & M. Dig., §§ 3166-3168; Pope's Dig., §§ 4002-4004; A.S.A. 1947, §§ 43-1926 -- 43-1928.

(a) Challenges shall be tried and determined by the court in a summary manner, without the issues of law or of fact arising thereon being reduced to writing.

(b) The juror himself may be examined on oath by either party upon challenge.

(c) Other witnesses may also be examined and their attendance coerced.

Crim. Code, §§ 213-215; C. & M. Dig., §§ 3166-3168; Pope's Dig., §§ 4002-4004; A.S.A. 1947, §§ 43-1926 -- 43-1928.
Ark. Code Ann. § 16-90-109 — AR Code / Title 16 / Chapter 90 / Subchapter 1 / Section 16-90-109
Fixing of punishment - Conviction of two or more offenses
Status: in_force

(a) If the defendant is convicted of two (2) or more offenses, the punishment of each of which is confinement, the judgment shall be so rendered that the punishment in one (1) case shall commence after the termination of it in the others. (b) When any person is convicted of more than one (1) offense, regardless if all of the convictions are in the same court or if one (1) of the convictions is in a different court of the state, a court of another state, or a federal court, where the punishment for a conviction begins before the expiration of the sentence imposed on the other conviction, the sentencing court shall have the authority to direct that the sentence adjudged shall run concurrently with the other sentence if it shall be deemed best for society and the person convicted. Crim. Code, § 283; C. & M. Dig., § 3239; Acts 1923, No. 152, § 1; Pope's Dig., § 4056; Acts 1971, No. 193, § 1; A.S.A. 1947, §§ 43-2311, 43-2312.

(a) If the defendant is convicted of two (2) or more offenses, the punishment of each of which is confinement, the judgment shall be so rendered that the punishment in one (1) case shall commence after the termination of it in the others.

(b) When any person is convicted of more than one (1) offense, regardless if all of the convictions are in the same court or if one (1) of the convictions is in a different court of the state, a court of another state, or a federal court, where the punishment for a conviction begins before the expiration of the sentence imposed on the other conviction, the sentencing court shall have the authority to direct that the sentence adjudged shall run concurrently with the other sentence if it shall be deemed best for society and the person convicted.

Crim. Code, § 283; C. & M. Dig., § 3239; Acts 1923, No. 152, § 1; Pope's Dig., § 4056; Acts 1971, No. 193, § 1; A.S.A. 1947, §§ 43-2311, 43-2312.
Ark. Code Ann. § 16-13-2501 — AR Code / Title 16 / Chapter 13 / Subchapter 25 / Section 16-13-2501
Composition
Status: in_force

(a) The Seventeenth Judicial District shall be composed of the counties of Prairie and White. (b) The Twenty-third Judicial District shall be composed of Lonoke County. Acts 1977, No. 432, § 1; 1983, No. 669, § 1; A.S.A. 1947, § 22-365; Acts 1999, No. 456, § 1.

(a) The Seventeenth Judicial District shall be composed of the counties of Prairie and White.

(b) The Twenty-third Judicial District shall be composed of Lonoke County.

Acts 1977, No. 432, § 1; 1983, No. 669, § 1; A.S.A. 1947, § 22-365; Acts 1999, No. 456, § 1.
Ark. Code Ann. § 16-90-1414 — AR Code / Title 16 / Chapter 90 / Subchapter 14 / Section 16-90-1414
Uniform petition and uniform order to seal records
Status: in_force

(a) (1) The Arkansas Crime Information Center shall adopt and provide the following to be used by a petitioner and any circuit court or district court in this state: (A) A uniform petition to seal records; and (B) A uniform order to seal records. (2) An order to seal records covered by this subchapter shall not be effective unless the uniform order is entered. (3) (A) The uniform petition shall include a statement verified under oath indicating whether the petitioner has felony charges pending in any state or federal court and the status of the pending felony charges as well as whether the person is required to register as a sex offender under the Sex Offender Registration Act of 1997, § 12-12-901 et seq. (B) The uniform petition also shall include a statement that the information contained in the uniform petition is true and correct to the best of the petitioner's knowledge. (4) The uniform order shall contain, at a minimum, the following data: (A) The person's full name, race, gender, and date of birth; (B) The person's full name at the time of arrest and adjudication of guilt, if applicable, if different from the person's current name; (C) The offense for which the person was adjudicated guilty and the date of the disposition, if applicable; (D) The identity of the court; (E) The provision under this subchapter that provides for sealing of the record, if applicable; (F) The specific records to be sealed; (G) The arrest tracking number; (H) The system identification (SID) number; and (I) The Federal Bureau of Investigation number, if known. (b) (1) If a record for the charges of the offense does not exist at the center, a record shall be established before the uniform order becomes effective. (2) When a record does exist in the center, the petitioner and the original arresting agency shall submit fingerprint cards on the petitioner under § 12-12-1006 and procedures established by the center. Added by Act 2013, No. 1460,§ 9, eff. 1/1/2014.

(a) (1) The Arkansas Crime Information Center shall adopt and provide the following to be used by a petitioner and any circuit court or district court in this state: (A) A uniform petition to seal records; and (B) A uniform order to seal records. (2) An order to seal records covered by this subchapter shall not be effective unless the uniform order is entered. (3) (A) The uniform petition shall include a statement verified under oath indicating whether the petitioner has felony charges pending in any state or federal court and the status of the pending felony charges as well as whether the person is required to register as a sex offender under the Sex Offender Registration Act of 1997, § 12-12-901 et seq. (B) The uniform petition also shall include a statement that the information contained in the uniform petition is true and correct to the best of the petitioner's knowledge. (4) The uniform order shall contain, at a minimum, the following data: (A) The person's full name, race, gender, and date of birth; (B) The person's full name at the time of arrest and adjudication of guilt, if applicable, if different from the person's current name; (C) The offense for which the person was adjudicated guilty and the date of the disposition, if applicable; (D) The identity of the court; (E) The provision under this subchapter that provides for sealing of the record, if applicable; (F) The specific records to be sealed; (G) The arrest tracking number; (H) The system identification (SID) number; and (I) The Federal Bureau of Investigation number, if known.

(1) The Arkansas Crime Information Center shall adopt and provide the following to be used by a petitioner and any circuit court or district court in this state: (A) A uniform petition to seal records; and (B) A uniform order to seal records.

(A) A uniform petition to seal records; and

(B) A uniform order to seal records.

(2) An order to seal records covered by this subchapter shall not be effective unless the uniform order is entered.

(3) (A) The uniform petition shall include a statement verified under oath indicating whether the petitioner has felony charges pending in any state or federal court and the status of the pending felony charges as well as whether the person is required to register as a sex offender under the Sex Offender Registration Act of 1997, § 12-12-901 et seq. (B) The uniform petition also shall include a statement that the information contained in the uniform petition is true and correct to the best of the petitioner's knowledge.

(A) The uniform petition shall include a statement verified under oath indicating whether the petitioner has felony charges pending in any state or federal court and the status of the pending felony charges as well as whether the person is required to register as a sex offender under the Sex Offender Registration Act of 1997, § 12-12-901 et seq.

(B) The uniform petition also shall include a statement that the information contained in the uniform petition is true and correct to the best of the petitioner's knowledge.

(4) The uniform order shall contain, at a minimum, the following data: (A) The person's full name, race, gender, and date of birth; (B) The person's full name at the time of arrest and adjudication of guilt, if applicable, if different from the person's current name; (C) The offense for which the person was adjudicated guilty and the date of the disposition, if applicable; (D) The identity of the court; (E) The provision under this subchapter that provides for sealing of the record, if applicable; (F) The specific records to be sealed; (G) The arrest tracking number; (H) The system identification (SID) number; and (I) The Federal Bureau of Investigation number, if known.

(A) The person's full name, race, gender, and date of birth;

(B) The person's full name at the time of arrest and adjudication of guilt, if applicable, if different from the person's current name;

(C) The offense for which the person was adjudicated guilty and the date of the disposition, if applicable;

(D) The identity of the court;

(E) The provision under this subchapter that provides for sealing of the record, if applicable;

(F) The specific records to be sealed;

(G) The arrest tracking number;

(H) The system identification (SID) number; and

(I) The Federal Bureau of Investigation number, if known.

(b) (1) If a record for the charges of the offense does not exist at the center, a record shall be established before the uniform order becomes effective. (2) When a record does exist in the center, the petitioner and the original arresting agency shall submit fingerprint cards on the petitioner under § 12-12-1006 and procedures established by the center.

(1) If a record for the charges of the offense does not exist at the center, a record shall be established before the uniform order becomes effective.

(2) When a record does exist in the center, the petitioner and the original arresting agency shall submit fingerprint cards on the petitioner under § 12-12-1006 and procedures established by the center.

Added by Act 2013, No. 1460,§ 9, eff. 1/1/2014.
Ark. Code Ann. § 16-43-703 — AR Code / Title 16 / Chapter 43 / Subchapter 7 / Section 16-43-703
[Repealed]
Status: repealed

Repealed by Act 2013, No. 1148,§ 8, eff. 8/16/2013. Civil Code, § 657; C. & M. Dig., § 4190; Pope's Dig., § 5200; A.S.A. 1947, § 28-710.

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

Civil Code, § 657; C. & M. Dig., § 4190; Pope's Dig., § 5200; A.S.A. 1947, § 28-710.
Ark. Code Ann. § 16-55-220 — AR Code / Title 16 / Chapter 55 / Subchapter 2 / Section 16-55-220
Applicability and severability
Status: in_force

(a) Section 16-55-201 et seq. and §§ 16-114-206(a) , 16-114-208(a) , 16-114-208(c)(1) , and 16-114-209 - 16-114-212 shall apply to all causes of action accruing on or after March 25, 2003. (b) Section 16-55-201 et seq. and §§ 16-114-206(a) , 16-114-208(a) , 16-114-208(c)(1) , and 16-114-209 - 16-114-212 shall not apply to any action filed or cause of action accruing prior to March 25, 2003. (c) If any provisions of Section 16-55-201 et seq. and §§ 16-114-206(a) , 16-114-208(a) , 16-114-208(c)(1) , and 16-114-209 - 16-114-212 or the application of § 16-55-201 et seq. and §§ 16-114-206(a) , 16-114-208(a) , 16-114-208(c)(1) , and 16-114-209 - 16-114-212 to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of § 16-55-201 et seq. and §§ 16-114-206(a) , 16-114-208(a) , 16-114-208(c)(1) , and 16-114-209 - 16-114-212 which can be given effect without the invalid provision or application, and to this end the provisions of § 16-55-201 et seq. and §§ 16-114-206(a) , 16-114-208(a) , 16-114-208(c)(1) , and 16-114-209 - 16-114-212 are declared to be severable. Acts 2003, No. 649, § 25.

(a) Section 16-55-201 et seq. and §§ 16-114-206(a) , 16-114-208(a) , 16-114-208(c)(1) , and 16-114-209 - 16-114-212 shall apply to all causes of action accruing on or after March 25, 2003.

(b) Section 16-55-201 et seq. and §§ 16-114-206(a) , 16-114-208(a) , 16-114-208(c)(1) , and 16-114-209 - 16-114-212 shall not apply to any action filed or cause of action accruing prior to March 25, 2003.

(c) If any provisions of Section 16-55-201 et seq. and §§ 16-114-206(a) , 16-114-208(a) , 16-114-208(c)(1) , and 16-114-209 - 16-114-212 or the application of § 16-55-201 et seq. and §§ 16-114-206(a) , 16-114-208(a) , 16-114-208(c)(1) , and 16-114-209 - 16-114-212 to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of § 16-55-201 et seq. and §§ 16-114-206(a) , 16-114-208(a) , 16-114-208(c)(1) , and 16-114-209 - 16-114-212 which can be given effect without the invalid provision or application, and to this end the provisions of § 16-55-201 et seq. and §§ 16-114-206(a) , 16-114-208(a) , 16-114-208(c)(1) , and 16-114-209 - 16-114-212 are declared to be severable.

Acts 2003, No. 649, § 25.
Ark. Code Ann. § 16-64-131 — AR Code / Title 16 / Chapter 64 / Section 16-64-131
New business rule - Damages
Status: in_force

(a) In a case involving a recognized tort or breach of contract, there is no absolute denial of damages for lost profits to a newly established business. (b) A newly established business is subject to the same standard of proof for lost profits as any other business regardless of how long the newly established business has operated. Added by Act 2017, No. 1103,§ 3, eff. 8/1/2017.

(a) In a case involving a recognized tort or breach of contract, there is no absolute denial of damages for lost profits to a newly established business.

(b) A newly established business is subject to the same standard of proof for lost profits as any other business regardless of how long the newly established business has operated.

Added by Act 2017, No. 1103,§ 3, eff. 8/1/2017.
Ark. Code Ann. § 16-66-602 — AR Code / Title 16 / Chapter 66 / Subchapter 6 / Section 16-66-602
Filing and status of foreign judgments
Status: in_force

A copy of any foreign judgment authenticated in accordance with the act of Congress or the statutes of this state may be filed in the office of the clerk of any court of this state having jurisdiction of such an action. The clerk shall treat the foreign judgment in the same manner as a judgment of a court in this state. A judgment so filed has the same effect and is subject to the same procedures, defenses, and proceedings for reopening, vacating, or staying as a judgment of a court of this state and may be enforced or satisfied in like manner. Acts 1989, No. 501, § 2; 1989 (3rd Ex. Sess.), No. 74, § 1.

A copy of any foreign judgment authenticated in accordance with the act of Congress or the statutes of this state may be filed in the office of the clerk of any court of this state having jurisdiction of such an action. The clerk shall treat the foreign judgment in the same manner as a judgment of a court in this state. A judgment so filed has the same effect and is subject to the same procedures, defenses, and proceedings for reopening, vacating, or staying as a judgment of a court of this state and may be enforced or satisfied in like manner.

Acts 1989, No. 501, § 2; 1989 (3rd Ex. Sess.), No. 74, § 1.
Ark. Code Ann. § 16-93-1904 — AR Code / Title 16 / Chapter 93 / Subchapter 19 / Section 16-93-1904
Post-release supervision - Required recommendations
Status: in_force

(a) Before the Post-Prison Transfer Board may grant a transfer to post-release supervision based on accrual and application of earned release credits, the board shall: (1) Notify and solicit the written recommendations of the committing court, the prosecuting attorney, and the county sheriff of the county from which the inmate was committed as provided in § 16-93-1810 ; and (2) Notify the victim or the next of kin as provided in § 16-93-1810 . (b) An inmate who is ineligible to accrue earned release credits may be transferred to post-release supervision only if: (1) Sentenced by the sentencing court to a period of post-release supervision to follow the inmate's term of imprisonment; and (2) The inmate has served the entire sentence of imprisonment before transfer to post-release supervision. Added by Act 2023, No. 659,§ 2, eff. 1/1/2024.

(a) Before the Post-Prison Transfer Board may grant a transfer to post-release supervision based on accrual and application of earned release credits, the board shall: (1) Notify and solicit the written recommendations of the committing court, the prosecuting attorney, and the county sheriff of the county from which the inmate was committed as provided in § 16-93-1810 ; and (2) Notify the victim or the next of kin as provided in § 16-93-1810 .

(1) Notify and solicit the written recommendations of the committing court, the prosecuting attorney, and the county sheriff of the county from which the inmate was committed as provided in § 16-93-1810 ; and

(2) Notify the victim or the next of kin as provided in § 16-93-1810 .

(b) An inmate who is ineligible to accrue earned release credits may be transferred to post-release supervision only if: (1) Sentenced by the sentencing court to a period of post-release supervision to follow the inmate's term of imprisonment; and (2) The inmate has served the entire sentence of imprisonment before transfer to post-release supervision.

(1) Sentenced by the sentencing court to a period of post-release supervision to follow the inmate's term of imprisonment; and

(2) The inmate has served the entire sentence of imprisonment before transfer to post-release supervision.

Added by Act 2023, No. 659,§ 2, eff. 1/1/2024.
Ark. Code Ann. § 16-13-904 — AR Code / Title 16 / Chapter 13 / Subchapter 9 / Section 16-13-904
[Repealed]
Status: repealed

Repealed by Act 2023, No. 177,§ 7, eff. 8/1/2023. Acts 1999, No. 1522, § 1.

Repealed by Act 2023, No. 177,§ 7, eff. 8/1/2023.

Acts 1999, No. 1522, § 1.
Ark. Code Ann. § 16-113-205 — AR Code / Title 16 / Chapter 113 / Subchapter 2 / Section 16-113-205
Service of order unnecessary where notice given - Party bound upon execution of bond
Status: in_force

Where notice of the application for an injunction has been given to the party enjoined, it shall not be necessary to serve the order upon him or her. He or she is bound by the injunction as soon as the bond required of the adverse party is executed. Civil Code, § 306; C. & M. Dig., § 5818; Pope's Dig., § 7534; A.S.A. 1947, § 32-212.

Where notice of the application for an injunction has been given to the party enjoined, it shall not be necessary to serve the order upon him or her. He or she is bound by the injunction as soon as the bond required of the adverse party is executed.

Civil Code, § 306; C. & M. Dig., § 5818; Pope's Dig., § 7534; A.S.A. 1947, § 32-212.
Ark. Code Ann. § 16-30-102 — AR Code / Title 16 / Chapter 30 / Section 16-30-102
Alternate jurors
Status: in_force

(a) When in the discretion of the court it shall be deemed advisable in the interests of the furtherance of justice, the court may direct that not more than three (3) jurors in addition to the regular jury be called and impaneled to sit as alternate jurors. Alternate jurors, in the order in which they are called, shall replace jurors who, prior to the time the jury retires to consider its verdict, become unable or disqualified to perform their duties. (b) Alternate jurors shall be drawn in the same manner, shall have the same qualifications, shall be subject to the same examinations and challenges, shall take the same oath, and shall have the same functions, powers, facilities, and privileges as the regular jurors. An alternate juror who does not replace a regular juror shall be discharged after the jury retires to consider its verdict. (c) Each opposing side shall be entitled to one (1) peremptory challenge in addition to those otherwise allowed by law. The additional peremptory challenges may be used against an alternate juror only, and the other peremptory challenges allowed by these rules by this section may not be used against an alternate juror. Acts 1963, No. 490, §§ 1-3; A.S.A. 1947, §§ 39-232 -- 39-234.

(a) When in the discretion of the court it shall be deemed advisable in the interests of the furtherance of justice, the court may direct that not more than three (3) jurors in addition to the regular jury be called and impaneled to sit as alternate jurors. Alternate jurors, in the order in which they are called, shall replace jurors who, prior to the time the jury retires to consider its verdict, become unable or disqualified to perform their duties.

(b) Alternate jurors shall be drawn in the same manner, shall have the same qualifications, shall be subject to the same examinations and challenges, shall take the same oath, and shall have the same functions, powers, facilities, and privileges as the regular jurors. An alternate juror who does not replace a regular juror shall be discharged after the jury retires to consider its verdict.

(c) Each opposing side shall be entitled to one (1) peremptory challenge in addition to those otherwise allowed by law. The additional peremptory challenges may be used against an alternate juror only, and the other peremptory challenges allowed by these rules by this section may not be used against an alternate juror.

Acts 1963, No. 490, §§ 1-3; A.S.A. 1947, §§ 39-232 -- 39-234.
Ark. Code Ann. § 16-131-203 — AR Code / Title 16 / Chapter 131 / Subchapter 2 / Section 16-131-203
Definitions
Status: in_force

As used in this subchapter: (1) "Annuity" means a fixed and periodic amount of moneys payable throughout the life of a person or for a temporary period; (2) "Claim" means a civil cause of action and includes a claim made by or on behalf of a minor; (3) "Conservator" means a person appointed or qualified by a court to manage the estate of an individual; (4) "Guardian" means an individual who has legal custody of a minor or the state if the minor is in state custody; (5) "Guardian ad litem" means an individual appointed by a court in which a particular proceeding is pending to represent a minor in that proceeding; (6) "Minor" means an individual under eighteen (18) years of age; (7) "Settlement" means an arrangement for payment of damages for personal injuries or sickness established by a settlement agreement or judgment in resolution of a claim; and (8) "Settlement agreement" means an agreement, judgment, stipulation, or release embodying the terms of a settlement. Added by Act 2023, No. 468,§ 1, eff. 8/1/2023.

As used in this subchapter:

(1) "Annuity" means a fixed and periodic amount of moneys payable throughout the life of a person or for a temporary period;

(2) "Claim" means a civil cause of action and includes a claim made by or on behalf of a minor;

(3) "Conservator" means a person appointed or qualified by a court to manage the estate of an individual;

(4) "Guardian" means an individual who has legal custody of a minor or the state if the minor is in state custody;

(5) "Guardian ad litem" means an individual appointed by a court in which a particular proceeding is pending to represent a minor in that proceeding;

(6) "Minor" means an individual under eighteen (18) years of age;

(7) "Settlement" means an arrangement for payment of damages for personal injuries or sickness established by a settlement agreement or judgment in resolution of a claim; and

(8) "Settlement agreement" means an agreement, judgment, stipulation, or release embodying the terms of a settlement.

Added by Act 2023, No. 468,§ 1, eff. 8/1/2023.
Ark. Code Ann. § 16-13-902 — AR Code / Title 16 / Chapter 13 / Subchapter 9 / Section 16-13-902
Terms of court
Status: in_force

(a) (1) The terms of court of the Circuit Court of Cross County in the First Judicial District shall commence on the fourth Monday in January. (2) The term of court shall be for one (1) year. (3) Grand and petit juries will serve for a period in accordance with Arkansas law. (b) (1) The terms of court of the Circuit Court of Woodruff County in the First Judicial District shall commence on the second Monday in January. (2) The term of court shall be for one (1) year. (3) Grand and petit juries will serve for a period in accordance with Arkansas law. (c) (1) The terms of court of the Circuit Court of Monroe County in the First Judicial District shall commence on the third Monday in January. (2) The term of court shall be for one (1) year. (3) Grand and petit juries will serve for a period in accordance with Arkansas law. (d) The terms of court of the Circuit Court of St. Francis County in the First Judicial District shall commence on the first Monday in January. (e) (1) The terms of court of the Circuit Court of Lee County in the First Judicial District shall commence on the first Monday in February. (2) The term of court shall be for one (1) year. (3) Grand and petit juries will serve for a period in accordance with Arkansas law. (f) (1) The terms of court of the Circuit Court of Phillips County in the First Judicial District shall commence on the second Monday in February. (2) The term of court shall be for one (1) year. (3) Grand and petit juries will serve for a period in accordance with Arkansas law. (g) The terms of court in this section may be amended or modified by agreement of all circuit judges in the First Judicial District. Acts 1891, No. 62, § 2, p. 110; 1893, No. 56, § 4, p. 84; 1911, No. 138, § 8; 1921, No. 3, § 3; 1943, No. 85, § 1; 1953, No. 318, § 1; 1955, No. 74, § 1; 1965, No. 505, § 8; 1967, No. 12, § 1; 1967, No. 56, § 1; 1979, No. 556, §§ 1-6; A.S.A. 1947, §§ 22-310, 22-310n; Acts 2009, No. 489, § 1.

(a) (1) The terms of court of the Circuit Court of Cross County in the First Judicial District shall commence on the fourth Monday in January. (2) The term of court shall be for one (1) year. (3) Grand and petit juries will serve for a period in accordance with Arkansas law.

(1) The terms of court of the Circuit Court of Cross County in the First Judicial District shall commence on the fourth Monday in January.

(2) The term of court shall be for one (1) year.

(3) Grand and petit juries will serve for a period in accordance with Arkansas law.

(b) (1) The terms of court of the Circuit Court of Woodruff County in the First Judicial District shall commence on the second Monday in January. (2) The term of court shall be for one (1) year. (3) Grand and petit juries will serve for a period in accordance with Arkansas law.

(1) The terms of court of the Circuit Court of Woodruff County in the First Judicial District shall commence on the second Monday in January.

(2) The term of court shall be for one (1) year.

(3) Grand and petit juries will serve for a period in accordance with Arkansas law.

(c) (1) The terms of court of the Circuit Court of Monroe County in the First Judicial District shall commence on the third Monday in January. (2) The term of court shall be for one (1) year. (3) Grand and petit juries will serve for a period in accordance with Arkansas law.

(1) The terms of court of the Circuit Court of Monroe County in the First Judicial District shall commence on the third Monday in January.

(2) The term of court shall be for one (1) year.

(3) Grand and petit juries will serve for a period in accordance with Arkansas law.

(d) The terms of court of the Circuit Court of St. Francis County in the First Judicial District shall commence on the first Monday in January.

(e) (1) The terms of court of the Circuit Court of Lee County in the First Judicial District shall commence on the first Monday in February. (2) The term of court shall be for one (1) year. (3) Grand and petit juries will serve for a period in accordance with Arkansas law.

(1) The terms of court of the Circuit Court of Lee County in the First Judicial District shall commence on the first Monday in February.

(2) The term of court shall be for one (1) year.

(3) Grand and petit juries will serve for a period in accordance with Arkansas law.

(f) (1) The terms of court of the Circuit Court of Phillips County in the First Judicial District shall commence on the second Monday in February. (2) The term of court shall be for one (1) year. (3) Grand and petit juries will serve for a period in accordance with Arkansas law.

(1) The terms of court of the Circuit Court of Phillips County in the First Judicial District shall commence on the second Monday in February.

(2) The term of court shall be for one (1) year.

(3) Grand and petit juries will serve for a period in accordance with Arkansas law.

(g) The terms of court in this section may be amended or modified by agreement of all circuit judges in the First Judicial District.

Acts 1891, No. 62, § 2, p. 110; 1893, No. 56, § 4, p. 84; 1911, No. 138, § 8; 1921, No. 3, § 3; 1943, No. 85, § 1; 1953, No. 318, § 1; 1955, No. 74, § 1; 1965, No. 505, § 8; 1967, No. 12, § 1; 1967, No. 56, § 1; 1979, No. 556, §§ 1-6; A.S.A. 1947, §§ 22-310, 22-310n; Acts 2009, No. 489, § 1.
Ark. Code Ann. § 16-66-411 — AR Code / Title 16 / Chapter 66 / Subchapter 4 / Section 16-66-411
Sale of lands subject to prior liens
Status: in_force

(a) A sale of lands under a junior judgment shall pass the title of the defendant, subject to the lien of all prior judgments and decrees then in force. (b) The money arising from the sale of lands under a junior judgment shall be applied to the payment of the judgment under which it may have been made. Rev. Stat., ch. 84, §§ 4, 5; C. & M. Dig., §§ 6301, 6302; Pope's Dig., §§ 8257, 8258; A.S.A. 1947, §§ 30-424, 30-425.

(a) A sale of lands under a junior judgment shall pass the title of the defendant, subject to the lien of all prior judgments and decrees then in force.

(b) The money arising from the sale of lands under a junior judgment shall be applied to the payment of the judgment under which it may have been made.

Rev. Stat., ch. 84, §§ 4, 5; C. & M. Dig., §§ 6301, 6302; Pope's Dig., §§ 8257, 8258; A.S.A. 1947, §§ 30-424, 30-425.
Ark. Code Ann. § 16-13-1703 — AR Code / Title 16 / Chapter 13 / Subchapter 17 / Section 16-13-1703
Judges and chancellors
Status: in_force

(a) The qualified electors of the Ninth Judicial District-East shall elect one (1) circuit-chancery judge who shall have jurisdiction in law, equity, and probate. (b) (1) The qualified electors of the Ninth Judicial District-West shall elect one (1) circuit-chancery judge who shall have jurisdiction in law, equity, and probate. (2) (A) There is hereby created in the Ninth Judicial District-West an additional circuit-chancery judgeship, which shall have jurisdiction in law, equity, and probate. (B) The judge of the additional circuit-chancery judgeship created in subdivision (b)(2)(A) of this section shall devote such time as may be required to perform the duties of judge of the juvenile division of chancery court, which duties shall be the primary obligation of the judge, and he or she shall sit as judge of the circuit, chancery, or probate court as time permits. Acts 1977, No. 432, § 1; 1979, No. 834, § 1; A.S.A. 1947, § 22-365; Acts 1995, No. 39, § 2.

(a) The qualified electors of the Ninth Judicial District-East shall elect one (1) circuit-chancery judge who shall have jurisdiction in law, equity, and probate.

(b) (1) The qualified electors of the Ninth Judicial District-West shall elect one (1) circuit-chancery judge who shall have jurisdiction in law, equity, and probate. (2) (A) There is hereby created in the Ninth Judicial District-West an additional circuit-chancery judgeship, which shall have jurisdiction in law, equity, and probate. (B) The judge of the additional circuit-chancery judgeship created in subdivision (b)(2)(A) of this section shall devote such time as may be required to perform the duties of judge of the juvenile division of chancery court, which duties shall be the primary obligation of the judge, and he or she shall sit as judge of the circuit, chancery, or probate court as time permits.

(1) The qualified electors of the Ninth Judicial District-West shall elect one (1) circuit-chancery judge who shall have jurisdiction in law, equity, and probate.

(2) (A) There is hereby created in the Ninth Judicial District-West an additional circuit-chancery judgeship, which shall have jurisdiction in law, equity, and probate. (B) The judge of the additional circuit-chancery judgeship created in subdivision (b)(2)(A) of this section shall devote such time as may be required to perform the duties of judge of the juvenile division of chancery court, which duties shall be the primary obligation of the judge, and he or she shall sit as judge of the circuit, chancery, or probate court as time permits.

(A) There is hereby created in the Ninth Judicial District-West an additional circuit-chancery judgeship, which shall have jurisdiction in law, equity, and probate.

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

Acts 1977, No. 432, § 1; 1979, No. 834, § 1; A.S.A. 1947, § 22-365; Acts 1995, No. 39, § 2.
Ark. Code Ann. § 16-10-401 — AR Code / Title 16 / Chapter 10 / Subchapter 4 / Section 16-10-401
Definitions
Status: in_force

The word "judge" in this subchapter means anyone, whether or not a lawyer, who is an officer of the judicial system performing judicial functions, including an officer such as a referee, special master, court commissioner, or magistrate, whether full-time or part-time. Acts 1989, No. 637, § 1.

The word "judge" in this subchapter means anyone, whether or not a lawyer, who is an officer of the judicial system performing judicial functions, including an officer such as a referee, special master, court commissioner, or magistrate, whether full-time or part-time.

Acts 1989, No. 637, § 1.
Ark. Code Ann. § 16-66-603 — AR Code / Title 16 / Chapter 66 / Subchapter 6 / Section 16-66-603
Notice of filing
Status: in_force

(a) At the time of the filing of the foreign judgment, the judgment creditor or his or her lawyer shall make and file with the clerk of court an affidavit setting forth the name and last known post office address of the judgment debtor, and the judgment creditor. (b) Promptly upon the filing of the foreign judgment and the affidavit, the clerk shall mail notice of the filing of the foreign judgment to the judgment debtor at the address given and shall make a note of the mailing in the docket. The notice shall include the name and post office address of the judgment creditor and the judgment creditor's lawyer, if any, in this state. In addition, the judgment creditor may mail a notice of the filing of the judgment to the judgment debtor and may file proof of mailing with the clerk. Lack of mailing notice of filing by the clerk shall not affect the enforcement proceedings if proof of mailing by the judgment creditor has been filed. (c) No execution or other process for enforcement of a foreign judgment filed hereunder shall issue until ten (10) days after the date the judgment is filed. Acts 1989, No. 501, § 3.

(a) At the time of the filing of the foreign judgment, the judgment creditor or his or her lawyer shall make and file with the clerk of court an affidavit setting forth the name and last known post office address of the judgment debtor, and the judgment creditor.

(b) Promptly upon the filing of the foreign judgment and the affidavit, the clerk shall mail notice of the filing of the foreign judgment to the judgment debtor at the address given and shall make a note of the mailing in the docket. The notice shall include the name and post office address of the judgment creditor and the judgment creditor's lawyer, if any, in this state. In addition, the judgment creditor may mail a notice of the filing of the judgment to the judgment debtor and may file proof of mailing with the clerk. Lack of mailing notice of filing by the clerk shall not affect the enforcement proceedings if proof of mailing by the judgment creditor has been filed.

(c) No execution or other process for enforcement of a foreign judgment filed hereunder shall issue until ten (10) days after the date the judgment is filed.

Acts 1989, No. 501, § 3.
Ark. Code Ann. § 16-21-121 — AR Code / Title 16 / Chapter 21 / Subchapter 1 / Section 16-21-121
First Judicial District Prosecuting Attorney
Status: in_force

The First Judicial District shall be a Division A Judicial District. Acts 1993, No. 995, § 1; Acts 2005, No. 1177, § 1.

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

Acts 1993, No. 995, § 1; Acts 2005, No. 1177, § 1.
Ark. Code Ann. § 16-64-104 — AR Code / Title 16 / Chapter 64 / Section 16-64-104
[Repealed]
Status: repealed

Repealed by Act 2013, No. 1148,§ 53, eff. 8/16/2013. Civil Code, § 377; C. & M. Dig., § 1310; Pope's Dig., § 1535; A.S.A. 1947, § 27-1745.

Repealed by Act 2013, No. 1148,§ 53, eff. 8/16/2013.

Civil Code, § 377; C. & M. Dig., § 1310; Pope's Dig., § 1535; A.S.A. 1947, § 27-1745.
Ark. Code Ann. § 16-47-214 — AR Code / Title 16 / Chapter 47 / Subchapter 2 / Section 16-47-214
Acknowledgments previously taken unaffected
Status: in_force

No acknowledgment heretofore taken shall be affected by anything contained in this act. Acts 1943, No. 169, § 12; A.S.A. 1947, § 49-112.

No acknowledgment heretofore taken shall be affected by anything contained in this act.

Acts 1943, No. 169, § 12; A.S.A. 1947, § 49-112.
Ark. Code Ann. § 16-101-105 — AR Code / Title 16 / Chapter 101 / Section 16-101-105
Presiding judge
Status: in_force

(a) If a judicial district chooses to create and administer a veterans treatment specialty court, subject to Arkansas Constitution, Amendment 80, the administrative judge of the judicial district shall designate one (1) or more circuit judges to be the veterans treatment specialty court judges and to administer the veterans treatment specialty court program. (b) If a county is in a judicial district that does not have a circuit judge who is able to administer the veterans treatment specialty court program on a consistent basis, the administrative plan for the judicial circuit required by Supreme Court Administrative Order No. 14 and the administrative plan for the district court pursuant to Supreme Court Administrative Order No. 18 may designate a state district court judge to be a veterans treatment specialty court judge and to administer the veterans treatment specialty court program. Added by Act 2021, No. 58,§ 3, eff. 7/28/2021.

(a) If a judicial district chooses to create and administer a veterans treatment specialty court, subject to Arkansas Constitution, Amendment 80, the administrative judge of the judicial district shall designate one (1) or more circuit judges to be the veterans treatment specialty court judges and to administer the veterans treatment specialty court program.

(b) If a county is in a judicial district that does not have a circuit judge who is able to administer the veterans treatment specialty court program on a consistent basis, the administrative plan for the judicial circuit required by Supreme Court Administrative Order No. 14 and the administrative plan for the district court pursuant to Supreme Court Administrative Order No. 18 may designate a state district court judge to be a veterans treatment specialty court judge and to administer the veterans treatment specialty court program.

Added by Act 2021, No. 58,§ 3, eff. 7/28/2021.
Ark. Code Ann. § 16-129-107 — AR Code / Title 16 / Chapter 129 / Section 16-129-107
Statute of limitations
Status: in_force

(a) An action under § 16-129-103(b) for an unauthorized disclosure may not be brought later than four years from the date the disclosure was discovered or should have been discovered with the exercise of reasonable diligence. (b) Except as otherwise provided in subsection (c), this section is subject to the tolling statutes of this state. (c) In an action under § 16-129-103(b) by a depicted individual who was a minor on the date of the disclosure, the time specified in subsection (a) does not begin to run until the depicted individual attains the age of majority. Added by Act 2021, No. 420,§ 1, eff. 7/28/2021.

(a) An action under § 16-129-103(b) for an unauthorized disclosure may not be brought later than four years from the date the disclosure was discovered or should have been discovered with the exercise of reasonable diligence.

(b) Except as otherwise provided in subsection (c), this section is subject to the tolling statutes of this state.

(c) In an action under § 16-129-103(b) by a depicted individual who was a minor on the date of the disclosure, the time specified in subsection (a) does not begin to run until the depicted individual attains the age of majority.

Added by Act 2021, No. 420,§ 1, eff. 7/28/2021.
Ark. Code Ann. § 16-87-215 — AR Code / Title 16 / Chapter 87 / Subchapter 2 / Section 16-87-215
Trial Public Defender Office
Status: in_force

There is hereby created the Trial Public Defender Office within the Arkansas Public Defender Commission, to be composed as follows: (1) The Trial Public Defender Office shall supervise the development and operations of each of the components of the Arkansas trial public defender system pursuant to the rules and standards for governing the system adopted by the commission; (2) (A) The Executive Director of the Arkansas Public Defender Commission shall appoint a defense services administrator. (B) The administrator shall be chosen solely on the basis of training, experience, and other qualifications. (C) The administrator need not be licensed to practice law; and (3) The administrator may hire support staff and other personnel as necessary to properly discharge the duties assigned to the office to the extent allowed and as funds are appropriated by the General Assembly. Amended by Act 2019, No. 315,§ 1302, eff. 7/24/2019. Acts 1997, No. 788, § 17; 1997, No. 1341, § 17.

There is hereby created the Trial Public Defender Office within the Arkansas Public Defender Commission, to be composed as follows:

(1) The Trial Public Defender Office shall supervise the development and operations of each of the components of the Arkansas trial public defender system pursuant to the rules and standards for governing the system adopted by the commission;

(2) (A) The Executive Director of the Arkansas Public Defender Commission shall appoint a defense services administrator. (B) The administrator shall be chosen solely on the basis of training, experience, and other qualifications. (C) The administrator need not be licensed to practice law; and

(A) The Executive Director of the Arkansas Public Defender Commission shall appoint a defense services administrator.

(B) The administrator shall be chosen solely on the basis of training, experience, and other qualifications.

(C) The administrator need not be licensed to practice law; and

(3) The administrator may hire support staff and other personnel as necessary to properly discharge the duties assigned to the office to the extent allowed and as funds are appropriated by the General Assembly.

Amended by Act 2019, No. 315,§ 1302, eff. 7/24/2019.

Acts 1997, No. 788, § 17; 1997, No. 1341, § 17.
Ark. Code Ann. § 16-123-319 — AR Code / Title 16 / Chapter 123 / Subchapter 3 / Section 16-123-319
Investigation
Status: in_force

(a) The Director of the Arkansas Fair Housing Commission shall investigate all complaints, and except as provided by subsection (b) of this section, shall commence an investigation within thirty (30) days of receiving the complaint and shall complete the investigation no later than the one hundredth day after the complaint is filed, and shall dispose of all administrative proceedings related to the investigation not later than the first anniversary after the complaint is filed. (b) If the director is unable to complete an investigation within the time periods prescribed by subsection (a) of this section, the director shall notify the complainant and the respondent in writing of the reasons for the delay. (c) If the director is unable to begin an investigation within the time periods prescribed in subsection (a) of this section, the director shall notify the complainant and the respondent in writing of the reasons for the delay. (d) If the director is unable to dispose of all administrative proceedings related to the investigation of a complaint within one (1) year after the complaint is filed, the director shall notify the complainant and the respondent in writing of the reasons for the delay. Acts 2001, No. 1785, § 20.

(a) The Director of the Arkansas Fair Housing Commission shall investigate all complaints, and except as provided by subsection (b) of this section, shall commence an investigation within thirty (30) days of receiving the complaint and shall complete the investigation no later than the one hundredth day after the complaint is filed, and shall dispose of all administrative proceedings related to the investigation not later than the first anniversary after the complaint is filed.

(b) If the director is unable to complete an investigation within the time periods prescribed by subsection (a) of this section, the director shall notify the complainant and the respondent in writing of the reasons for the delay.

(c) If the director is unable to begin an investigation within the time periods prescribed in subsection (a) of this section, the director shall notify the complainant and the respondent in writing of the reasons for the delay.

(d) If the director is unable to dispose of all administrative proceedings related to the investigation of a complaint within one (1) year after the complaint is filed, the director shall notify the complainant and the respondent in writing of the reasons for the delay.

Acts 2001, No. 1785, § 20.
Ark. Code Ann. § 16-93-312 — AR Code / Title 16 / Chapter 93 / Subchapter 3 / Section 16-93-312
Probation generally - Modification
Status: in_force

(a) During a period of suspension or probation, upon the petition of a probation officer or a defendant or upon the court's own motion, a court may: (1) Modify a condition imposed on the defendant; (2) Impose an additional condition authorized by § 5-4-303 ; (3) Impose an additional fine authorized by §§ 5-4-201 and 5-4-303 ; or (4) Impose a period of confinement authorized by § 5-4-304 . (b) Nothing in this section shall limit the Department of Community Correction from authorizing sanctions within the intermediate sanctions grid when warranted by the defendant's conduct. Acts 2011, No. 570, § 90.

(a) During a period of suspension or probation, upon the petition of a probation officer or a defendant or upon the court's own motion, a court may: (1) Modify a condition imposed on the defendant; (2) Impose an additional condition authorized by § 5-4-303 ; (3) Impose an additional fine authorized by §§ 5-4-201 and 5-4-303 ; or (4) Impose a period of confinement authorized by § 5-4-304 .

(1) Modify a condition imposed on the defendant;

(2) Impose an additional condition authorized by § 5-4-303 ;

(3) Impose an additional fine authorized by §§ 5-4-201 and 5-4-303 ; or

(4) Impose a period of confinement authorized by § 5-4-304 .

(b) Nothing in this section shall limit the Department of Community Correction from authorizing sanctions within the intermediate sanctions grid when warranted by the defendant's conduct.

Acts 2011, No. 570, § 90.
Ark. Code Ann. § 16-112-123 — AR Code / Title 16 / Chapter 112 / Subchapter 1 / Section 16-112-123
Emergency warrant
Status: in_force

(a) (1) When it shall appear by satisfactory proof that any person is illegally imprisoned or restrained of his or her liberty and that there is good reason to believe that he or she will be carried out of the state, or suffer some irreparable injury before he or she can be relieved by a writ of habeas corpus, any court or judge authorized to issue the writ may issue a warrant reciting the facts and directed to any county sheriff, county coroner, constable, or other person, commanding him or her to take the prisoner and to bring the prisoner forthwith before the court or judge, to be dealt with according to law. (2) Where the proof shall also be sufficient to justify the arrest of the person having the prisoner in his or her custody, as for a criminal offense committed in the taking and detaining the prisoner, the warrant shall also contain an order for the arrest of the offender. (b) The warrant shall be executed according to the command thereof, and, when the prisoner is brought before the court or judge, the person detaining the prisoner shall make a return in like manner, and the like proceedings shall be had as if a writ of habeas corpus had been issued in the first instance. (c) If the person having the prisoner in custody is brought before a court or a judge as for a criminal offense, he or she shall be examined, committed, bailed, or discharged in the same manner as in other criminal cases of like nature. Rev. Stat., ch. 73, art. 4, §§ 1-4; C. & M. Dig., §§ 5121-5124; Pope's Dig., §§ 6384-6387; A.S.A. 1947, §§ 34-1743 -- 34-1746.

(a) (1) When it shall appear by satisfactory proof that any person is illegally imprisoned or restrained of his or her liberty and that there is good reason to believe that he or she will be carried out of the state, or suffer some irreparable injury before he or she can be relieved by a writ of habeas corpus, any court or judge authorized to issue the writ may issue a warrant reciting the facts and directed to any county sheriff, county coroner, constable, or other person, commanding him or her to take the prisoner and to bring the prisoner forthwith before the court or judge, to be dealt with according to law. (2) Where the proof shall also be sufficient to justify the arrest of the person having the prisoner in his or her custody, as for a criminal offense committed in the taking and detaining the prisoner, the warrant shall also contain an order for the arrest of the offender.

(1) When it shall appear by satisfactory proof that any person is illegally imprisoned or restrained of his or her liberty and that there is good reason to believe that he or she will be carried out of the state, or suffer some irreparable injury before he or she can be relieved by a writ of habeas corpus, any court or judge authorized to issue the writ may issue a warrant reciting the facts and directed to any county sheriff, county coroner, constable, or other person, commanding him or her to take the prisoner and to bring the prisoner forthwith before the court or judge, to be dealt with according to law.

(2) Where the proof shall also be sufficient to justify the arrest of the person having the prisoner in his or her custody, as for a criminal offense committed in the taking and detaining the prisoner, the warrant shall also contain an order for the arrest of the offender.

(b) The warrant shall be executed according to the command thereof, and, when the prisoner is brought before the court or judge, the person detaining the prisoner shall make a return in like manner, and the like proceedings shall be had as if a writ of habeas corpus had been issued in the first instance.

(c) If the person having the prisoner in custody is brought before a court or a judge as for a criminal offense, he or she shall be examined, committed, bailed, or discharged in the same manner as in other criminal cases of like nature.

Rev. Stat., ch. 73, art. 4, §§ 1-4; C. & M. Dig., §§ 5121-5124; Pope's Dig., §§ 6384-6387; A.S.A. 1947, §§ 34-1743 -- 34-1746.
Ark. Code Ann. § 16-85-602 — AR Code / Title 16 / Chapter 85 / Subchapter 6 / Section 16-85-602
Order of court upon indictment
Status: in_force

Upon an indictment's being found, if the defendant is not in custody or on bail the court shall forthwith make an order for process to be issued on the indictment, designating whether it shall be for arresting or summoning the defendant. Crim. Code, § 141; C. & M. Dig., § 3041; Pope's Dig., § 3867; A.S.A. 1947, § 43-1103; Acts 2005, No. 1994, § 321.

Upon an indictment's being found, if the defendant is not in custody or on bail the court shall forthwith make an order for process to be issued on the indictment, designating whether it shall be for arresting or summoning the defendant.

Crim. Code, § 141; C. & M. Dig., § 3041; Pope's Dig., § 3867; A.S.A. 1947, § 43-1103; Acts 2005, No. 1994, § 321.
Ark. Code Ann. § 16-110-409 — AR Code / Title 16 / Chapter 110 / Subchapter 4 / Section 16-110-409
Discharge of garnishee before judgment upon surrender of property
Status: in_force

(a) If on the return day of any writ of garnishment the garnishee shall surrender to the plaintiff all the goods and chattels, moneys, credits, and effects which may be in his or her hands or possession belonging to the defendant, he or she shall be discharged with costs. (b) The court or justice shall enter up an order releasing and discharging the garnishee from all responsibility to the defendant, in relation to the goods and chattels, moneys, credits, and effects so surrendered. Acts 1889, No. 115, § 7, p. 168; C. & M. Dig., § 4914; Pope's Dig., § 6127; A.S.A. 1947, § 31-510.

(a) If on the return day of any writ of garnishment the garnishee shall surrender to the plaintiff all the goods and chattels, moneys, credits, and effects which may be in his or her hands or possession belonging to the defendant, he or she shall be discharged with costs.

(b) The court or justice shall enter up an order releasing and discharging the garnishee from all responsibility to the defendant, in relation to the goods and chattels, moneys, credits, and effects so surrendered.

Acts 1889, No. 115, § 7, p. 168; C. & M. Dig., § 4914; Pope's Dig., § 6127; A.S.A. 1947, § 31-510.
Ark. Code Ann. § 16-87-211 — AR Code / Title 16 / Chapter 87 / Subchapter 2 / Section 16-87-211
Compensation
Status: in_force

(a) On an interim basis in complex cases or at the conclusion of each case, the appointed attorney shall submit his or her bill to the appointing court, which shall issue an order authorizing compensation. (b) (1) An application for compensation shall be submitted to the Arkansas Public Defender Commission accompanied by the affidavit of the appointed attorney detailing the hours spent on the case and the services rendered and whether compensation was received or has been applied for from any other source. (2) The commission shall determine and set the compensation award based upon guidelines established by the commission. (c) There shall be no maximum amount of compensation in capital cases. Acts 1993, No. 1193, § 9; 1999, No. 1564, § 4; 2001, No. 1343, § 1; 2001, No. 1799, § 5.

(a) On an interim basis in complex cases or at the conclusion of each case, the appointed attorney shall submit his or her bill to the appointing court, which shall issue an order authorizing compensation.

(b) (1) An application for compensation shall be submitted to the Arkansas Public Defender Commission accompanied by the affidavit of the appointed attorney detailing the hours spent on the case and the services rendered and whether compensation was received or has been applied for from any other source. (2) The commission shall determine and set the compensation award based upon guidelines established by the commission.

(1) An application for compensation shall be submitted to the Arkansas Public Defender Commission accompanied by the affidavit of the appointed attorney detailing the hours spent on the case and the services rendered and whether compensation was received or has been applied for from any other source.

(2) The commission shall determine and set the compensation award based upon guidelines established by the commission.

(c) There shall be no maximum amount of compensation in capital cases.

Acts 1993, No. 1193, § 9; 1999, No. 1564, § 4; 2001, No. 1343, § 1; 2001, No. 1799, § 5.
Ark. Code Ann. § 16-112-122 — AR Code / Title 16 / Chapter 112 / Subchapter 1 / Section 16-112-122
Issuance of writ by judge without application
Status: in_force

Whenever any court of record, any justice of the Supreme Court, or any judge of the circuit court or judge of the county court, shall have evidence, from any judicial proceedings had before them, that any person is illegally confined or restrained of his or her liberty within the jurisdiction of the court or judge, it shall be the duty of the court or judge to issue a writ of habeas corpus for his or her relief, although no application or petition is presented for writ. Rev. Stat., ch. 73, art. 1, § 7; C. & M. Dig., § 5090; Pope's Dig., § 6353; A.S.A. 1947, § 34-1742.

Whenever any court of record, any justice of the Supreme Court, or any judge of the circuit court or judge of the county court, shall have evidence, from any judicial proceedings had before them, that any person is illegally confined or restrained of his or her liberty within the jurisdiction of the court or judge, it shall be the duty of the court or judge to issue a writ of habeas corpus for his or her relief, although no application or petition is presented for writ.

Rev. Stat., ch. 73, art. 1, § 7; C. & M. Dig., § 5090; Pope's Dig., § 6353; A.S.A. 1947, § 34-1742.
Ark. Code Ann. § 16-123-601 — AR Code / Title 16 / Chapter 123 / Subchapter 6 / Section 16-123-601
Legislative intent
Status: in_force

It is the intent of the General Assembly to prohibit government discrimination against religious organizations based upon the religious organizations' religious identity or conduct. Added by Act 2023, No. 733,§ 5, eff. 8/1/2023.

It is the intent of the General Assembly to prohibit government discrimination against religious organizations based upon the religious organizations' religious identity or conduct.

Added by Act 2023, No. 733,§ 5, eff. 8/1/2023.
Ark. Code Ann. § 16-13-2901 — AR Code / Title 16 / Chapter 13 / Subchapter 29 / Section 16-13-2901
Composition
Status: in_force

The Twenty-first Judicial District shall be composed of Crawford County. Acts 1995, No. 900, § 3.

The Twenty-first Judicial District shall be composed of Crawford County.

Acts 1995, No. 900, § 3.
Ark. Code Ann. § 16-89-102 — AR Code / Title 16 / Chapter 89 / Section 16-89-102
Severance
Status: in_force

(a) When two (2) or more defendants are jointly indicted for a misdemeanor, they may be tried jointly or separately in the discretion of the court. (b) No trial on an indictment against two (2) or more defendants shall be delayed because some of the defendants have not been arrested. Those arrested or in custody shall be tried and the cause shall be continued as to those not arrested. Rev. Stat., ch. 45, § 101; Crim. Code, § 236; C. & M. Dig., §§ 3038, 3139; Pope's Dig., §§ 3862, 3975; A.S.A. 1947, §§ 43-1801, 43-1803.

(a) When two (2) or more defendants are jointly indicted for a misdemeanor, they may be tried jointly or separately in the discretion of the court.

(b) No trial on an indictment against two (2) or more defendants shall be delayed because some of the defendants have not been arrested. Those arrested or in custody shall be tried and the cause shall be continued as to those not arrested.

Rev. Stat., ch. 45, § 101; Crim. Code, § 236; C. & M. Dig., §§ 3038, 3139; Pope's Dig., §§ 3862, 3975; A.S.A. 1947, §§ 43-1801, 43-1803.
Ark. Code Ann. § 16-21-1201 — AR Code / Title 16 / Chapter 21 / Subchapter 12 / Section 16-21-1201
Contingent expense allowance
Status: in_force

(a) The Prosecuting Attorney of the Seventh Judicial District shall be entitled to a contingent expense allowance of not less than eleven thousand sixty-three dollars ($11,063) per annum to be paid by the respective counties of the Seventh Judicial District as follows: (1) Saline County ............... $7,463; (2) Hot Spring County ............... $2,400; and (3) Grant County ............... $1,200. (b) Saline County may at any time increase its contribution to such contingent expense allowance. Acts 1975, No. 188, § 3; 1977, No. 496, § 1; 1979, No. 458, § 1; 1981, No. 986, § 1; A.S.A. 1947, § 24-114.9.

(a) The Prosecuting Attorney of the Seventh Judicial District shall be entitled to a contingent expense allowance of not less than eleven thousand sixty-three dollars ($11,063) per annum to be paid by the respective counties of the Seventh Judicial District as follows: (1) Saline County ............... $7,463; (2) Hot Spring County ............... $2,400; and (3) Grant County ............... $1,200.

(1) Saline County ............... $7,463;

(2) Hot Spring County ............... $2,400; and

(3) Grant County ............... $1,200.

(b) Saline County may at any time increase its contribution to such contingent expense allowance.

Acts 1975, No. 188, § 3; 1977, No. 496, § 1; 1979, No. 458, § 1; 1981, No. 986, § 1; A.S.A. 1947, § 24-114.9.
Ark. Code Ann. § 16-13-1417 — AR Code / Title 16 / Chapter 13 / Subchapter 14 / Section 16-13-1417
Pulaski County - Referral to master
Status: in_force

The chancellors of the Sixth Judicial District may refer any case on their respective dockets, as provided by law, to the Master in Chancery of Pulaski County. Acts 1979, No. 211, § 5; A.S.A. 1947, § 22-417.14.

The chancellors of the Sixth Judicial District may refer any case on their respective dockets, as provided by law, to the Master in Chancery of Pulaski County.

Acts 1979, No. 211, § 5; A.S.A. 1947, § 22-417.14.
Ark. Code Ann. § 16-68-410 — AR Code / Title 16 / Chapter 68 / Subchapter 4 / Section 16-68-410
Execution for costs
Status: in_force

(a) In all cases where costs are given by this act, the party to whom the costs are adjudged may have execution therefor. (b) In all cases where either party is adjudged to pay costs before final judgment, the party in whose favor the costs are adjudged may have execution therefor immediately, as upon final judgment. Rev. Stat., ch. 34, §§ 31, 32; C. & M. Dig., §§ 1839, 1840; Pope's Dig., §§ 2358, 2359; A.S.A. 1947, §§ 27-2325, 27-2326.

(a) In all cases where costs are given by this act, the party to whom the costs are adjudged may have execution therefor.

(b) In all cases where either party is adjudged to pay costs before final judgment, the party in whose favor the costs are adjudged may have execution therefor immediately, as upon final judgment.

Rev. Stat., ch. 34, §§ 31, 32; C. & M. Dig., §§ 1839, 1840; Pope's Dig., §§ 2358, 2359; A.S.A. 1947, §§ 27-2325, 27-2326.
Ark. Code Ann. § 16-90-120 — AR Code / Title 16 / Chapter 90 / Subchapter 1 / Section 16-90-120
Felony with firearm
Status: in_force

(a) Any person convicted of any offense that is classified by the laws of this state as a felony who employed any firearm of any character as a means of committing or escaping from the felony, in the discretion of the sentencing court, may be subjected to an additional period of confinement in the Division of Correction for a period not to exceed fifteen (15) years. (b) The period of confinement, if any, imposed under this section shall be in addition to any fine or penalty provided by law as punishment for the felony itself. Any additional prison sentence imposed under the provisions of this section, if any, shall run consecutively and not concurrently with any period of confinement imposed for conviction of the felony itself. (c) A separate appeal may be taken to the Supreme Court from the imposition of the sentence, if any, provided for by this section, and any appeal shall be in the manner prescribed for appellate review of conviction of criminal offenses in general. However, the sole and only question to be decided upon the separate appeal shall be whether the evidence warrants a finding that the defendant actually employed a firearm in the commission of, or escape from commission of, the felony for which he or she stands convicted. (d) Any reversal of a defendant's conviction for the commission of the felony shall automatically reverse the prison sentence which may be imposed under this section. (e) (1) For an offense committed on or after July 2, 2007, but before January 1, 2024, notwithstanding any law allowing the award of meritorious good time or any other law to the contrary, except as provided in subdivision (e)(1)(B)(ii) of this section, any person who is sentenced under subsection (a) of this section is not eligible for parole, transfer to post-release supervision, or community correction transfer until the person serves: (A) Seventy percent (70%) of the term of imprisonment to which the person is sentenced under subsection (a) of this section if the underlying felony was any of the following: (i) Murder in the first degree, § 5-10-102 ; (ii) Kidnapping that is a Class Y felony, § 5-11-102 ; (iii) Aggravated robbery, § 5-12-103 ; (iv) Rape, § 5-14-103 ; (v) Causing a catastrophe, § 5-38-202(a) ; (vi) Trafficking methamphetamine, § 5-64-440(b)(1) ; (vii) Manufacturing methamphetamine, § 5-64-423(a) or former § 5-64-401 ; or (viii) Possession of drug paraphernalia with the purpose to manufacture methamphetamine, former § 5-64-403(c)(5) ; (B) (i) Except as provided in subdivision (e)(1)(B)(ii) of this section, seventy percent (70%) of the term of imprisonment to which the person is sentenced under subsection (a) of this section if the underlying felony was any of the following: (a) Manufacturing methamphetamine, § 5-64-423(a) or former § 5-64-401 ; (b) Possession of drug paraphernalia with the intent to manufacture methamphetamine, former § 5-64-403(c)(5) ; or (c) Trafficking methamphetamine, § 5-64-440(b)(1) . (ii) The person is eligible for parole or community correction transfer if the person serves at least fifty percent (50%) of the term of imprisonment to which the person is sentenced under subsection (a) of this section for the offenses listed in subdivision (e)(1)(B)(i) of this section with credit for the award of meritorious good time under § 12-29-201 unless the person is sentenced to a term of life imprisonment. The time served by any person under this subdivision (e)(1)(B)(ii) shall not be reduced to less than fifty percent (50%) of the person's original sentence under subsection (a) of this section; or (C) Either one-third (1/3) or one-half (½) of the term of imprisonment to which the person is sentenced under subsection (a) of this section with credit for meritorious good time and depending on the seriousness determination made by the Arkansas Sentencing Commission if the underlying felony was any felony not listed in subdivision (e)(1)(A) or subdivision (e)(1)(B) of this section. (2) The sentencing court may waive subdivision (e)(1) of this section if all of the following circumstances exist: (A) The defendant was a juvenile when the offense was committed; (B) The defendant was merely an accomplice to the offense; and (C) The offense was committed on or after July 31, 2007. (f) A person who commits the offense of possession of drug paraphernalia with the purpose to manufacture methamphetamine, § 5-64-443 , after July 27, 2011, shall not be subject to the provisions of this section. (g) For an offense committed on or after January 1, 2024, any person who is sentenced under subsection (a) of this section is not eligible for early release, including without limitation parole, transfer to post-release supervision, or community correction transfer, for the additional period of confinement. Amended by Act 2023EX1, No. 8,§ 2, eff. 1/1/2024. Amended by Act 2023, No. 659,§ 125, eff. 1/1/2024. Amended by Act 2023, No. 659,§ 124, eff. 1/1/2024. Amended by Act 2023EX1, No. 8,§ 1, eff. 1/1/2024. Amended by Act 2023EX1, No. 2,§ 2, eff. 1/1/2024. Amended by Act 2023EX1, No. 2,§ 1, eff. 1/1/2024. Amended by Act 2019, No. 910,§ 861, eff. 7/1/2019. Acts 1969, No. 78, §§ 1-3; 1973, No. 61, § 1; A.S.A. 1947, §§ 43-2336 -- 43-2338; Acts 2007, No. 1047, § 5; 2011, No. 570, § 76.

(a) Any person convicted of any offense that is classified by the laws of this state as a felony who employed any firearm of any character as a means of committing or escaping from the felony, in the discretion of the sentencing court, may be subjected to an additional period of confinement in the Division of Correction for a period not to exceed fifteen (15) years.

(b) The period of confinement, if any, imposed under this section shall be in addition to any fine or penalty provided by law as punishment for the felony itself. Any additional prison sentence imposed under the provisions of this section, if any, shall run consecutively and not concurrently with any period of confinement imposed for conviction of the felony itself.

(c) A separate appeal may be taken to the Supreme Court from the imposition of the sentence, if any, provided for by this section, and any appeal shall be in the manner prescribed for appellate review of conviction of criminal offenses in general. However, the sole and only question to be decided upon the separate appeal shall be whether the evidence warrants a finding that the defendant actually employed a firearm in the commission of, or escape from commission of, the felony for which he or she stands convicted.

(d) Any reversal of a defendant's conviction for the commission of the felony shall automatically reverse the prison sentence which may be imposed under this section.

(e) (1) For an offense committed on or after July 2, 2007, but before January 1, 2024, notwithstanding any law allowing the award of meritorious good time or any other law to the contrary, except as provided in subdivision (e)(1)(B)(ii) of this section, any person who is sentenced under subsection (a) of this section is not eligible for parole, transfer to post-release supervision, or community correction transfer until the person serves: (A) Seventy percent (70%) of the term of imprisonment to which the person is sentenced under subsection (a) of this section if the underlying felony was any of the following: (i) Murder in the first degree, § 5-10-102 ; (ii) Kidnapping that is a Class Y felony, § 5-11-102 ; (iii) Aggravated robbery, § 5-12-103 ; (iv) Rape, § 5-14-103 ; (v) Causing a catastrophe, § 5-38-202(a) ; (vi) Trafficking methamphetamine, § 5-64-440(b)(1) ; (vii) Manufacturing methamphetamine, § 5-64-423(a) or former § 5-64-401 ; or (viii) Possession of drug paraphernalia with the purpose to manufacture methamphetamine, former § 5-64-403(c)(5) ; (B) (i) Except as provided in subdivision (e)(1)(B)(ii) of this section, seventy percent (70%) of the term of imprisonment to which the person is sentenced under subsection (a) of this section if the underlying felony was any of the following: (a) Manufacturing methamphetamine, § 5-64-423(a) or former § 5-64-401 ; (b) Possession of drug paraphernalia with the intent to manufacture methamphetamine, former § 5-64-403(c)(5) ; or (c) Trafficking methamphetamine, § 5-64-440(b)(1) . (ii) The person is eligible for parole or community correction transfer if the person serves at least fifty percent (50%) of the term of imprisonment to which the person is sentenced under subsection (a) of this section for the offenses listed in subdivision (e)(1)(B)(i) of this section with credit for the award of meritorious good time under § 12-29-201 unless the person is sentenced to a term of life imprisonment. The time served by any person under this subdivision (e)(1)(B)(ii) shall not be reduced to less than fifty percent (50%) of the person's original sentence under subsection (a) of this section; or (C) Either one-third (1/3) or one-half (½) of the term of imprisonment to which the person is sentenced under subsection (a) of this section with credit for meritorious good time and depending on the seriousness determination made by the Arkansas Sentencing Commission if the underlying felony was any felony not listed in subdivision (e)(1)(A) or subdivision (e)(1)(B) of this section. (2) The sentencing court may waive subdivision (e)(1) of this section if all of the following circumstances exist: (A) The defendant was a juvenile when the offense was committed; (B) The defendant was merely an accomplice to the offense; and (C) The offense was committed on or after July 31, 2007.

(1) For an offense committed on or after July 2, 2007, but before January 1, 2024, notwithstanding any law allowing the award of meritorious good time or any other law to the contrary, except as provided in subdivision (e)(1)(B)(ii) of this section, any person who is sentenced under subsection (a) of this section is not eligible for parole, transfer to post-release supervision, or community correction transfer until the person serves: (A) Seventy percent (70%) of the term of imprisonment to which the person is sentenced under subsection (a) of this section if the underlying felony was any of the following: (i) Murder in the first degree, § 5-10-102 ; (ii) Kidnapping that is a Class Y felony, § 5-11-102 ; (iii) Aggravated robbery, § 5-12-103 ; (iv) Rape, § 5-14-103 ; (v) Causing a catastrophe, § 5-38-202(a) ; (vi) Trafficking methamphetamine, § 5-64-440(b)(1) ; (vii) Manufacturing methamphetamine, § 5-64-423(a) or former § 5-64-401 ; or (viii) Possession of drug paraphernalia with the purpose to manufacture methamphetamine, former § 5-64-403(c)(5) ; (B) (i) Except as provided in subdivision (e)(1)(B)(ii) of this section, seventy percent (70%) of the term of imprisonment to which the person is sentenced under subsection (a) of this section if the underlying felony was any of the following: (a) Manufacturing methamphetamine, § 5-64-423(a) or former § 5-64-401 ; (b) Possession of drug paraphernalia with the intent to manufacture methamphetamine, former § 5-64-403(c)(5) ; or (c) Trafficking methamphetamine, § 5-64-440(b)(1) . (ii) The person is eligible for parole or community correction transfer if the person serves at least fifty percent (50%) of the term of imprisonment to which the person is sentenced under subsection (a) of this section for the offenses listed in subdivision (e)(1)(B)(i) of this section with credit for the award of meritorious good time under § 12-29-201 unless the person is sentenced to a term of life imprisonment. The time served by any person under this subdivision (e)(1)(B)(ii) shall not be reduced to less than fifty percent (50%) of the person's original sentence under subsection (a) of this section; or (C) Either one-third (1/3) or one-half (½) of the term of imprisonment to which the person is sentenced under subsection (a) of this section with credit for meritorious good time and depending on the seriousness determination made by the Arkansas Sentencing Commission if the underlying felony was any felony not listed in subdivision (e)(1)(A) or subdivision (e)(1)(B) of this section.

(A) Seventy percent (70%) of the term of imprisonment to which the person is sentenced under subsection (a) of this section if the underlying felony was any of the following: (i) Murder in the first degree, § 5-10-102 ; (ii) Kidnapping that is a Class Y felony, § 5-11-102 ; (iii) Aggravated robbery, § 5-12-103 ; (iv) Rape, § 5-14-103 ; (v) Causing a catastrophe, § 5-38-202(a) ; (vi) Trafficking methamphetamine, § 5-64-440(b)(1) ; (vii) Manufacturing methamphetamine, § 5-64-423(a) or former § 5-64-401 ; or (viii) Possession of drug paraphernalia with the purpose to manufacture methamphetamine, former § 5-64-403(c)(5) ;

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

(ii) Kidnapping that is a Class Y felony, § 5-11-102 ;

(iii) Aggravated robbery, § 5-12-103 ;

(iv) Rape, § 5-14-103 ;

(v) Causing a catastrophe, § 5-38-202(a) ;

(vi) Trafficking methamphetamine, § 5-64-440(b)(1) ;

(vii) Manufacturing methamphetamine, § 5-64-423(a) or former § 5-64-401 ; or

(viii) Possession of drug paraphernalia with the purpose to manufacture methamphetamine, former § 5-64-403(c)(5) ;

(B) (i) Except as provided in subdivision (e)(1)(B)(ii) of this section, seventy percent (70%) of the term of imprisonment to which the person is sentenced under subsection (a) of this section if the underlying felony was any of the following: (a) Manufacturing methamphetamine, § 5-64-423(a) or former § 5-64-401 ; (b) Possession of drug paraphernalia with the intent to manufacture methamphetamine, former § 5-64-403(c)(5) ; or (c) Trafficking methamphetamine, § 5-64-440(b)(1) . (ii) The person is eligible for parole or community correction transfer if the person serves at least fifty percent (50%) of the term of imprisonment to which the person is sentenced under subsection (a) of this section for the offenses listed in subdivision (e)(1)(B)(i) of this section with credit for the award of meritorious good time under § 12-29-201 unless the person is sentenced to a term of life imprisonment. The time served by any person under this subdivision (e)(1)(B)(ii) shall not be reduced to less than fifty percent (50%) of the person's original sentence under subsection (a) of this section; or

(i) Except as provided in subdivision (e)(1)(B)(ii) of this section, seventy percent (70%) of the term of imprisonment to which the person is sentenced under subsection (a) of this section if the underlying felony was any of the following: (a) Manufacturing methamphetamine, § 5-64-423(a) or former § 5-64-401 ; (b) Possession of drug paraphernalia with the intent to manufacture methamphetamine, former § 5-64-403(c)(5) ; or (c) Trafficking methamphetamine, § 5-64-440(b)(1) .

(a) Manufacturing methamphetamine, § 5-64-423(a) or former § 5-64-401 ;

(b) Possession of drug paraphernalia with the intent to manufacture methamphetamine, former § 5-64-403(c)(5) ; or

(c) Trafficking methamphetamine, § 5-64-440(b)(1) .

(ii) The person is eligible for parole or community correction transfer if the person serves at least fifty percent (50%) of the term of imprisonment to which the person is sentenced under subsection (a) of this section for the offenses listed in subdivision (e)(1)(B)(i) of this section with credit for the award of meritorious good time under § 12-29-201 unless the person is sentenced to a term of life imprisonment. The time served by any person under this subdivision (e)(1)(B)(ii) shall not be reduced to less than fifty percent (50%) of the person's original sentence under subsection (a) of this section; or

(C) Either one-third (1/3) or one-half (½) of the term of imprisonment to which the person is sentenced under subsection (a) of this section with credit for meritorious good time and depending on the seriousness determination made by the Arkansas Sentencing Commission if the underlying felony was any felony not listed in subdivision (e)(1)(A) or subdivision (e)(1)(B) of this section.

(2) The sentencing court may waive subdivision (e)(1) of this section if all of the following circumstances exist: (A) The defendant was a juvenile when the offense was committed; (B) The defendant was merely an accomplice to the offense; and (C) The offense was committed on or after July 31, 2007.

(A) The defendant was a juvenile when the offense was committed;

(B) The defendant was merely an accomplice to the offense; and

(C) The offense was committed on or after July 31, 2007.

(f) A person who commits the offense of possession of drug paraphernalia with the purpose to manufacture methamphetamine, § 5-64-443 , after July 27, 2011, shall not be subject to the provisions of this section.

(g) For an offense committed on or after January 1, 2024, any person who is sentenced under subsection (a) of this section is not eligible for early release, including without limitation parole, transfer to post-release supervision, or community correction transfer, for the additional period of confinement.

Amended by Act 2023EX1, No. 8,§ 2, eff. 1/1/2024.

Amended by Act 2023, No. 659,§ 125, eff. 1/1/2024.

Amended by Act 2023, No. 659,§ 124, eff. 1/1/2024.

Amended by Act 2023EX1, No. 8,§ 1, eff. 1/1/2024.

Amended by Act 2023EX1, No. 2,§ 2, eff. 1/1/2024.

Amended by Act 2023EX1, No. 2,§ 1, eff. 1/1/2024.

Amended by Act 2019, No. 910,§ 861, eff. 7/1/2019.

Acts 1969, No. 78, §§ 1-3; 1973, No. 61, § 1; A.S.A. 1947, §§ 43-2336 -- 43-2338; Acts 2007, No. 1047, § 5; 2011, No. 570, § 76.
Ark. Code Ann. § 16-19-904 — AR Code / Title 16 / Chapter 19 / Subchapter 9 / Section 16-19-904
[Repealed]
Status: repealed

Repealed by Act 2021, No. 475,§ 15, eff. 7/28/2021. Acts 1873, No. 135, § 57, p. 430; C. & M. Dig., § 6467; Pope's Dig., § 8429; A.S.A. 1947, § 26-1003.

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

Acts 1873, No. 135, § 57, p. 430; C. & M. Dig., § 6467; Pope's Dig., § 8429; A.S.A. 1947, § 26-1003.
Ark. Code Ann. § 16-93-111 — AR Code / Title 16 / Chapter 93 / Subchapter 1 / Section 16-93-111
Parole, probation, or post-release supervision prohibitions for sex offenses
Status: in_force

A person required to register as a sex offender under the Sex Offender Registration Act of 1997, § 12-12-901 et seq., who is under felony probation or released on parole or post-release supervision shall have as a term and condition of his or her probation, parole, or post-release supervision a prohibition against recording a person under fourteen (14) years of age under § 5-14-137 if he or she is assessed as a Level 3 or Level 4 offender. Amended by Act 2023, No. 659,§ 158, eff. 1/1/2024. Added by Act 2019, No. 621,§ 4, eff. 7/24/2019.

A person required to register as a sex offender under the Sex Offender Registration Act of 1997, § 12-12-901 et seq., who is under felony probation or released on parole or post-release supervision shall have as a term and condition of his or her probation, parole, or post-release supervision a prohibition against recording a person under fourteen (14) years of age under § 5-14-137 if he or she is assessed as a Level 3 or Level 4 offender.

Amended by Act 2023, No. 659,§ 158, eff. 1/1/2024.

Added by Act 2019, No. 621,§ 4, eff. 7/24/2019.
Ark. Code Ann. § 16-68-402 — AR Code / Title 16 / Chapter 68 / Subchapter 4 / Section 16-68-402
Recovery below court's jurisdiction
Status: in_force

In all actions other than trespass which may be prosecuted in any court, the subject matter of which shall be cognizable before the court, but the damages recovered shall be below the jurisdiction of the court, the plaintiff shall recover his costs. Rev. Stat., ch. 34, § 20; C. & M. Dig., § 1836; Pope's Dig., § 2355; A.S.A. 1947, § 27-2309.

In all actions other than trespass which may be prosecuted in any court, the subject matter of which shall be cognizable before the court, but the damages recovered shall be below the jurisdiction of the court, the plaintiff shall recover his costs.

Rev. Stat., ch. 34, § 20; C. & M. Dig., § 1836; Pope's Dig., § 2355; A.S.A. 1947, § 27-2309.
Ark. Code Ann. § 16-19-603 — AR Code / Title 16 / Chapter 19 / Subchapter 6 / Section 16-19-603
[Repealed]
Status: repealed

Repealed by Act 2021, No. 475,§ 15, eff. 7/28/2021. Acts 1873, No. 135, §§ 18, 19, p. 430; C. & M. Dig., §§ 6429, 6430; Pope's Dig., §§ 8391, 8392; A.S.A. 1947, §§ 26-606, 26-607.

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

Acts 1873, No. 135, §§ 18, 19, p. 430; C. & M. Dig., §§ 6429, 6430; Pope's Dig., §§ 8391, 8392; A.S.A. 1947, §§ 26-606, 26-607.
Ark. Code Ann. § 16-43-215 — AR Code / Title 16 / Chapter 43 / Subchapter 2 / Section 16-43-215
Videotaped deposition of State Crime Laboratory analyst - Definition
Status: in_force

(a) As used in this section, the term "videotaped deposition" means the visual recording on a magnetic tape, together with the associated sound, of a witness testifying under oath in the course of a judicial proceeding, upon oral examination, and where an opportunity is given for cross-examination in the presence of the defendant and intended to be played back upon the trial of the action in court. (b) (1) In all criminal trials in which the defendant is charged under the Uniform Controlled Substances Act, § 5-64-101 et seq., upon motion of the prosecuting attorney and after notice to the opposing counsel, the court, for good cause shown and sufficient safeguards to satisfy all state and federal constitutional requirements of oath, confrontation, cross-examination, and observation of the demeanor of the witness and testimony by the defendant, the court, and the jury, and absent a showing of prejudice by the defendant, may order the taking of a videotaped deposition of any State Crime Laboratory analyst. (2) The videotaped deposition shall be taken at the State Crime Laboratory, or at a location ordered by the court, in the presence of the prosecuting attorney, the defendant, and the defendant's attorney. (3) Examination and cross-examination of the analyst shall proceed at the taking of the videotaped deposition in the same manner as permitted at trial under the provisions of the Arkansas Rules of Evidence. (c) (1) Any videotaped deposition taken under the provisions of this section shall be admissible at trial and received into evidence in lieu of the direct testimony of the analyst. (2) However, neither the presentation nor the preparation of such videotaped deposition shall preclude the prosecutor or the defendant's attorney from calling the analyst to testify at trial if that is necessary to serve the interests of justice. Amended by Act 2013, No. 1148,§ 7, eff. 8/16/2013. Acts 2001, No. 1234, § 1.

(a) As used in this section, the term "videotaped deposition" means the visual recording on a magnetic tape, together with the associated sound, of a witness testifying under oath in the course of a judicial proceeding, upon oral examination, and where an opportunity is given for cross-examination in the presence of the defendant and intended to be played back upon the trial of the action in court.

(b) (1) In all criminal trials in which the defendant is charged under the Uniform Controlled Substances Act, § 5-64-101 et seq., upon motion of the prosecuting attorney and after notice to the opposing counsel, the court, for good cause shown and sufficient safeguards to satisfy all state and federal constitutional requirements of oath, confrontation, cross-examination, and observation of the demeanor of the witness and testimony by the defendant, the court, and the jury, and absent a showing of prejudice by the defendant, may order the taking of a videotaped deposition of any State Crime Laboratory analyst. (2) The videotaped deposition shall be taken at the State Crime Laboratory, or at a location ordered by the court, in the presence of the prosecuting attorney, the defendant, and the defendant's attorney. (3) Examination and cross-examination of the analyst shall proceed at the taking of the videotaped deposition in the same manner as permitted at trial under the provisions of the Arkansas Rules of Evidence.

(1) In all criminal trials in which the defendant is charged under the Uniform Controlled Substances Act, § 5-64-101 et seq., upon motion of the prosecuting attorney and after notice to the opposing counsel, the court, for good cause shown and sufficient safeguards to satisfy all state and federal constitutional requirements of oath, confrontation, cross-examination, and observation of the demeanor of the witness and testimony by the defendant, the court, and the jury, and absent a showing of prejudice by the defendant, may order the taking of a videotaped deposition of any State Crime Laboratory analyst.

(2) The videotaped deposition shall be taken at the State Crime Laboratory, or at a location ordered by the court, in the presence of the prosecuting attorney, the defendant, and the defendant's attorney.

(3) Examination and cross-examination of the analyst shall proceed at the taking of the videotaped deposition in the same manner as permitted at trial under the provisions of the Arkansas Rules of Evidence.

(c) (1) Any videotaped deposition taken under the provisions of this section shall be admissible at trial and received into evidence in lieu of the direct testimony of the analyst. (2) However, neither the presentation nor the preparation of such videotaped deposition shall preclude the prosecutor or the defendant's attorney from calling the analyst to testify at trial if that is necessary to serve the interests of justice.

(1) Any videotaped deposition taken under the provisions of this section shall be admissible at trial and received into evidence in lieu of the direct testimony of the analyst.

(2) However, neither the presentation nor the preparation of such videotaped deposition shall preclude the prosecutor or the defendant's attorney from calling the analyst to testify at trial if that is necessary to serve the interests of justice.

Amended by Act 2013, No. 1148,§ 7, eff. 8/16/2013.

Acts 2001, No. 1234, § 1.
Ark. Code Ann. § 16-24-101 — AR Code / Title 16 / Chapter 24 / Subchapter 1 / Section 16-24-101
Oaths for court bailiffs
Status: in_force

(a) The following oath, in substance, shall be administered to a court bailiff at the start of a jury trial: "I do solemnly swear (or affirm) that I will faithfully, impartially, and to the best of my ability, discharge the duties of bailiff of this court, to which office I have been appointed, and strictly obey all orders of the court, as bailiff during the present session now being held." (b) The following oath, in substance, shall be administered to a court bailiff prior to the deliberation of a jury: "I do solemnly swear (or affirm) that I will keep this jury together, not allowing any person to speak to them or overhear their deliberations, nor to speak to them myself, unless it is in the performance of my official duties as bailiff to this court." Acts 2007, No. 227, § 1.

(a) The following oath, in substance, shall be administered to a court bailiff at the start of a jury trial: "I do solemnly swear (or affirm) that I will faithfully, impartially, and to the best of my ability, discharge the duties of bailiff of this court, to which office I have been appointed, and strictly obey all orders of the court, as bailiff during the present session now being held."

"I do solemnly swear (or affirm) that I will faithfully, impartially, and to the best of my ability, discharge the duties of bailiff of this court, to which office I have been appointed, and strictly obey all orders of the court, as bailiff during the present session now being held."

(b) The following oath, in substance, shall be administered to a court bailiff prior to the deliberation of a jury: "I do solemnly swear (or affirm) that I will keep this jury together, not allowing any person to speak to them or overhear their deliberations, nor to speak to them myself, unless it is in the performance of my official duties as bailiff to this court."

"I do solemnly swear (or affirm) that I will keep this jury together, not allowing any person to speak to them or overhear their deliberations, nor to speak to them myself, unless it is in the performance of my official duties as bailiff to this court."

Acts 2007, No. 227, § 1.
Ark. Code Ann. § 16-68-502 — AR Code / Title 16 / Chapter 68 / Subchapter 5 / Section 16-68-502
Fees of officers endorsed on execution - Fee book
Status: in_force

(a) The clerks of the several courts shall endorse on every execution which they shall issue the fees due to each officer and any other person. (b) The clerks, at the time of issuing an execution or fee bill or of recovering any fees due to them by any party or other person, shall enter in a book, to be kept for that purpose, the several items for which they have charged, using words of full length. (c) Every clerk shall deliver to any party or person to whom any fees are due, on demand, a full and complete copy of the entry made in the book, without any compensation for the copy. (d) When any suit is instituted against any clerk or officer for having asked or taken illegal fees, the book referred to in subsections (b) and (c) of this section, and the entries therein, may be given in evidence on the trial. Acts 1842, §§ 32-34, p. 27; C. & M. Dig., §§ 4629-4631; Pope's Dig., §§ 5718-5720; A.S.A. 1947, §§ 27-2322 -- 27-2324.

(a) The clerks of the several courts shall endorse on every execution which they shall issue the fees due to each officer and any other person.

(b) The clerks, at the time of issuing an execution or fee bill or of recovering any fees due to them by any party or other person, shall enter in a book, to be kept for that purpose, the several items for which they have charged, using words of full length.

(c) Every clerk shall deliver to any party or person to whom any fees are due, on demand, a full and complete copy of the entry made in the book, without any compensation for the copy.

(d) When any suit is instituted against any clerk or officer for having asked or taken illegal fees, the book referred to in subsections (b) and (c) of this section, and the entries therein, may be given in evidence on the trial.

Acts 1842, §§ 32-34, p. 27; C. & M. Dig., §§ 4629-4631; Pope's Dig., §§ 5718-5720; A.S.A. 1947, §§ 27-2322 -- 27-2324.
Ark. Code Ann. § 16-108-203 — AR Code / Title 16 / Chapter 108 / Subchapter 2 / Section 16-108-203
When subchapter applies
Status: in_force

(a) This subchapter governs an agreement to arbitrate made on or after July 27, 2011. (b) This subchapter governs an agreement to arbitrate made before July 27, 2011, if all the parties to the agreement or to the arbitration proceeding so agree in a record. Acts 2011, No. 695, § 1.

(a) This subchapter governs an agreement to arbitrate made on or after July 27, 2011.

(b) This subchapter governs an agreement to arbitrate made before July 27, 2011, if all the parties to the agreement or to the arbitration proceeding so agree in a record.

Acts 2011, No. 695, § 1.
Ark. Code Ann. § 16-13-1206 — AR Code / Title 16 / Chapter 13 / Subchapter 12 / Section 16-13-1206
Additional judge - Facilities
Status: in_force

The counties which comprise the Fourth Judicial District shall provide the courtroom and office facilities and supplies for the judge of the circuit-chancery judgeship created by § 16-13-1205(a) , which shall be paid out of the county treasuries in the same manner as other demands against the counties, out of funds appropriated by the respective quorum courts of the counties for such purposes. Acts 1997, No. 319, § 2.

The counties which comprise the Fourth Judicial District shall provide the courtroom and office facilities and supplies for the judge of the circuit-chancery judgeship created by § 16-13-1205(a) , which shall be paid out of the county treasuries in the same manner as other demands against the counties, out of funds appropriated by the respective quorum courts of the counties for such purposes.

Acts 1997, No. 319, § 2.
Ark. Code Ann. § 16-43-210 — AR Code / Title 16 / Chapter 43 / Subchapter 2 / Section 16-43-210
Criminal proceedings - Attendance by witness in several criminal cases
Status: in_force

A witness subpoenaed to attend before any circuit court in more than one (1) criminal case at the same time shall be allowed pay, when the costs are paid by the county, in only one (1) case and only for the actual number of days he or she is in attendance, regardless of the number of cases in which he or she is summoned or called upon to testify. Acts 1875, No. 77, § 40, p. 167; C. & M. Dig., § 4612; Pope's Dig., § 5701; A.S.A. 1947, § 43-2003; Acts 2005, No. 1994, § 263.

A witness subpoenaed to attend before any circuit court in more than one (1) criminal case at the same time shall be allowed pay, when the costs are paid by the county, in only one (1) case and only for the actual number of days he or she is in attendance, regardless of the number of cases in which he or she is summoned or called upon to testify.

Acts 1875, No. 77, § 40, p. 167; C. & M. Dig., § 4612; Pope's Dig., § 5701; A.S.A. 1947, § 43-2003; Acts 2005, No. 1994, § 263.
Ark. Code Ann. § 16-66-205 — AR Code / Title 16 / Chapter 66 / Subchapter 2 / Section 16-66-205
Exemption - Property of state
Status: in_force

No property, whether real, personal, or mixed, or effects, credits, choses in action, assets of any description, securities or moneys belonging to the state, either legally or equitably, or the title of which may be in the state, shall be subject to judgment, decree, execution, or sequestration, or be seized on or sold by virtue of any order, judgment, decree, or process of any court whatever. Acts 1855, § 8, p. 196; C. & M. Dig., § 4273; Pope's Dig., § 5285; A.S.A. 1947, § 30-204.

No property, whether real, personal, or mixed, or effects, credits, choses in action, assets of any description, securities or moneys belonging to the state, either legally or equitably, or the title of which may be in the state, shall be subject to judgment, decree, execution, or sequestration, or be seized on or sold by virtue of any order, judgment, decree, or process of any court whatever.

Acts 1855, § 8, p. 196; C. & M. Dig., § 4273; Pope's Dig., § 5285; A.S.A. 1947, § 30-204.
Ark. Code Ann. § 16-129-105 — AR Code / Title 16 / Chapter 129 / Section 16-129-105
Plaintiff's privacy
Status: in_force

In an action under this chapter, a plaintiff may proceed using a pseudonym in place of the true name of the plaintiff under applicable state law or court rules. Added by Act 2021, No. 420,§ 1, eff. 7/28/2021.

In an action under this chapter, a plaintiff may proceed using a pseudonym in place of the true name of the plaintiff under applicable state law or court rules.

Added by Act 2021, No. 420,§ 1, eff. 7/28/2021.
Ark. Code Ann. § 16-66-202 — AR Code / Title 16 / Chapter 66 / Subchapter 2 / Section 16-66-202
Married women's property subject to execution
Status: in_force

Whenever a judgment has been recovered against a married woman, the judgment may be enforced by execution against her sole and separate estate or property to the same extent and in the same manner as if she were sole. Acts 1873, No. 126, § 8, p. 382; C. & M. Dig., § 5586; Pope's Dig., § 7236; A.S.A. 1947, § 30-203.

Whenever a judgment has been recovered against a married woman, the judgment may be enforced by execution against her sole and separate estate or property to the same extent and in the same manner as if she were sole.

Acts 1873, No. 126, § 8, p. 382; C. & M. Dig., § 5586; Pope's Dig., § 7236; A.S.A. 1947, § 30-203.
Ark. Code Ann. § 16-90-711 — AR Code / Title 16 / Chapter 90 / Subchapter 7 / Section 16-90-711
Confidential information
Status: in_force

When submitted to the Crime Victims Reparations Board as part of an application, the following information shall be confidential: (1) Documents submitted by a claimant which relate to medical treatment; and (2) Law enforcement investigative reports, if confidential under any other law. Acts 1987, No. 817, § 11.

When submitted to the Crime Victims Reparations Board as part of an application, the following information shall be confidential:

(1) Documents submitted by a claimant which relate to medical treatment; and

(2) Law enforcement investigative reports, if confidential under any other law.

Acts 1987, No. 817, § 11.
Ark. Code Ann. § 16-62-110 — AR Code / Title 16 / Chapter 62 / Section 16-62-110
Failure of plaintiff's representatives to revive after notice - Motion to strike
Status: in_force

At any term of the court succeeding the death of the plaintiff, while the action remains on the docket, the defendant having given to the plaintiff's proper representatives, in whose names the action might be revived, ten (10) days' notice of the application therefor, may have an order to strike the action from the docket, and for costs against the estate of the plaintiff, unless the action is forthwith revived. Civil Code, § 564; C. & M. Dig., § 1068; Pope's Dig., § 1271; A.S.A. 1947, § 27-1019.

At any term of the court succeeding the death of the plaintiff, while the action remains on the docket, the defendant having given to the plaintiff's proper representatives, in whose names the action might be revived, ten (10) days' notice of the application therefor, may have an order to strike the action from the docket, and for costs against the estate of the plaintiff, unless the action is forthwith revived.

Civil Code, § 564; C. & M. Dig., § 1068; Pope's Dig., § 1271; A.S.A. 1947, § 27-1019.
Ark. Code Ann. § 16-2-103 — AR Code / Title 16 / Chapter 2 / Section 16-2-103
Perjury
Status: in_force

In all cases in which an oath is required or authorized by law, it may be taken in any of the forms prescribed in this chapter. Every person swearing, affirming, or declaring in any such form, or any form authorized by law, shall be deemed to have been lawfully sworn and to be guilty of perjury for corruptly and falsely swearing, affirming, or declaring, in the same manner as if he or she had sworn by laying his or her hand on the Gospels and kissing them. Rev. Stat., ch. 105, § 10; C. & M. Dig., § 4181; Pope's Dig., § 5191; A.S.A. 1947, § 40-107.

In all cases in which an oath is required or authorized by law, it may be taken in any of the forms prescribed in this chapter. Every person swearing, affirming, or declaring in any such form, or any form authorized by law, shall be deemed to have been lawfully sworn and to be guilty of perjury for corruptly and falsely swearing, affirming, or declaring, in the same manner as if he or she had sworn by laying his or her hand on the Gospels and kissing them.

Rev. Stat., ch. 105, § 10; C. & M. Dig., § 4181; Pope's Dig., § 5191; A.S.A. 1947, § 40-107.
Ark. Code Ann. § 16-123-340 — AR Code / Title 16 / Chapter 123 / Subchapter 3 / Section 16-123-340
Intervention by Attorney General
Status: in_force

(a) The Arkansas Fair Housing Commission may authorize the Attorney General to intervene and the Attorney General may intervene in an action if the case is of general public importance. (b) The Attorney General may obtain the same relief available under § 16-123-341 . Acts 2001, No. 1785, § 41; 2005, No. 250, § 4.

(a) The Arkansas Fair Housing Commission may authorize the Attorney General to intervene and the Attorney General may intervene in an action if the case is of general public importance.

(b) The Attorney General may obtain the same relief available under § 16-123-341 .

Acts 2001, No. 1785, § 41; 2005, No. 250, § 4.
Ark. Code Ann. § 16-61-109 — AR Code / Title 16 / Chapter 61 / Subchapter 1 / Section 16-61-109
Fees of guardian or attorney appointed to defend infant, insane person, or prisoner - Costs
Status: in_force

A guardian or attorney appointed on the application of the plaintiff to defend for an infant, person of unsound mind, or prisoner shall be allowed a reasonable fee for his or her services, to be paid by the plaintiff and taxed in the costs. Civil Code, § 57; C. & M. Dig., § 1122; Pope's Dig., § 1338; A.S.A. 1947, § 27-834.

A guardian or attorney appointed on the application of the plaintiff to defend for an infant, person of unsound mind, or prisoner shall be allowed a reasonable fee for his or her services, to be paid by the plaintiff and taxed in the costs.

Civil Code, § 57; C. & M. Dig., § 1122; Pope's Dig., § 1338; A.S.A. 1947, § 27-834.
Ark. Code Ann. § 16-63-214 — AR Code / Title 16 / Chapter 63 / Subchapter 2 / Section 16-63-214
[Repealed]
Status: repealed

Repealed by Act 2013, No. 1148,§ 44, eff. 8/16/2013. Civil Code, §§ 150-152; C. & M. Dig., §§ 1234-1236; Pope's Dig., §§ 1458-1460; A.S.A. 1947, §§ 27-1155 -- 27-1157.

Repealed by Act 2013, No. 1148,§ 44, eff. 8/16/2013.

Civil Code, §§ 150-152; C. & M. Dig., §§ 1234-1236; Pope's Dig., §§ 1458-1460; A.S.A. 1947, §§ 27-1155 -- 27-1157.
Ark. Code Ann. § 16-98-307 — AR Code / Title 16 / Chapter 98 / Subchapter 3 / Section 16-98-307
[Repealed]
Status: repealed

Repealed by Act 2015, No. 895,§ 41, eff. 4/1/2015. Amended by Act 2013, No. 1107,§ 16, eff. 8/16/2013. Acts 2007, No. 1022, § 5; 2011, No. 5, § 1.

Repealed by Act 2015, No. 895,§ 41, eff. 4/1/2015.

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

Acts 2007, No. 1022, § 5; 2011, No. 5, § 1.
Ark. Code Ann. § 16-90-408 — AR Code / Title 16 / Chapter 90 / Subchapter 4 / Section 16-90-408
Grounds for removal of person in confinement
Status: in_force

A person committed to prison for any criminal offense who is in the custody of an officer shall not be removed from the prison or delivered to the custody of any other officer, except in the following cases: (1) By writ of habeas corpus or some other legal writ or under the guidelines of the Interstate Corrections Compact, § 12-49-101 et seq.; (2) When he or she may be delivered to an officer, to be removed to some common jail; (3) In case of fire, infectious disease, or other great necessity; or (4) (A) When the prisoner is charged by affidavit with treason or felony committed in some other state or territory of the United States of America. (B) In such a case, on the demand of the executive of that state or the governor of a territory of the United States from which the prisoner fled, the prisoner shall be sent in custody by order of any circuit court or may be bound by recognizance, with good security by the court to appear at the proper time and place and surrender himself or herself to the court or tribunal having jurisdiction of the offense if the court, upon consideration of the evidence, shall be of the opinion that he or she should be put upon trial. Crim. Code, § 388; Acts 1871, No. 49, § 1[388], p. 255; C. & M. Dig., §§ 32671/2, 5118; Pope's Dig., §§ 4113, 6381; Acts 1985, No. 827, § 1; A.S.A. 1947, § 43-2607.

A person committed to prison for any criminal offense who is in the custody of an officer shall not be removed from the prison or delivered to the custody of any other officer, except in the following cases:

(1) By writ of habeas corpus or some other legal writ or under the guidelines of the Interstate Corrections Compact, § 12-49-101 et seq.;

(2) When he or she may be delivered to an officer, to be removed to some common jail;

(3) In case of fire, infectious disease, or other great necessity; or

(4) (A) When the prisoner is charged by affidavit with treason or felony committed in some other state or territory of the United States of America. (B) In such a case, on the demand of the executive of that state or the governor of a territory of the United States from which the prisoner fled, the prisoner shall be sent in custody by order of any circuit court or may be bound by recognizance, with good security by the court to appear at the proper time and place and surrender himself or herself to the court or tribunal having jurisdiction of the offense if the court, upon consideration of the evidence, shall be of the opinion that he or she should be put upon trial.

(A) When the prisoner is charged by affidavit with treason or felony committed in some other state or territory of the United States of America.

(B) In such a case, on the demand of the executive of that state or the governor of a territory of the United States from which the prisoner fled, the prisoner shall be sent in custody by order of any circuit court or may be bound by recognizance, with good security by the court to appear at the proper time and place and surrender himself or herself to the court or tribunal having jurisdiction of the offense if the court, upon consideration of the evidence, shall be of the opinion that he or she should be put upon trial.

Crim. Code, § 388; Acts 1871, No. 49, § 1[388], p. 255; C. & M. Dig., §§ 32671/2, 5118; Pope's Dig., §§ 4113, 6381; Acts 1985, No. 827, § 1; A.S.A. 1947, § 43-2607.
Ark. Code Ann. § 16-17-937 — AR Code / Title 16 / Chapter 17 / Subchapter 9 / Section 16-17-937
[Repealed]
Status: repealed

Repealed by Act 2017, No. 723,§ 1, eff. 8/1/2017. Acts 2007, No. 663, § 14.

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

Acts 2007, No. 663, § 14.
Ark. Code Ann. § 16-127-102 — AR Code / Title 16 / Chapter 127 / Section 16-127-102
Civil liability for stalking
Status: in_force

(a) A person may recover actual damages, and if applicable, punitive damages, reasonable attorney's fees, and court costs against another person if he or she proves by a preponderance of the evidence that another person knowingly engaged in a course of conduct towards the person that would place a reasonable person in the person's position under emotional distress or in fear for his or her safety or a third person's safety. (b) The definitions at § 5-71-229(f) apply to this chapter. (c) A cause of action under subsection (a) of this section may be maintained whether or not the person who is alleged to have engaged in a course of conduct prohibited under § 5-71-229 has been charged or convicted under § 5-71-229 . (d) The existence or the termination of a cause of action under subsection (a) of this section does not prevent the criminal prosecution of a person for violation of § 5-71-229 . (e) A person shall commence a cause of action under subsection (a) of this section against another person one (1) year or less after the most recent conduct prohibited under § 5-71-229 by the other person toward the aggrieved party. Added by Act 2013, No. 1014,§ 2, eff. 8/16/2013.

(a) A person may recover actual damages, and if applicable, punitive damages, reasonable attorney's fees, and court costs against another person if he or she proves by a preponderance of the evidence that another person knowingly engaged in a course of conduct towards the person that would place a reasonable person in the person's position under emotional distress or in fear for his or her safety or a third person's safety.

(b) The definitions at § 5-71-229(f) apply to this chapter.

(c) A cause of action under subsection (a) of this section may be maintained whether or not the person who is alleged to have engaged in a course of conduct prohibited under § 5-71-229 has been charged or convicted under § 5-71-229 .

(d) The existence or the termination of a cause of action under subsection (a) of this section does not prevent the criminal prosecution of a person for violation of § 5-71-229 .

(e) A person shall commence a cause of action under subsection (a) of this section against another person one (1) year or less after the most recent conduct prohibited under § 5-71-229 by the other person toward the aggrieved party.

Added by Act 2013, No. 1014,§ 2, eff. 8/16/2013.
Ark. Code Ann. § 16-10-105 — AR Code / Title 16 / Chapter 10 / Subchapter 1 / Section 16-10-105
Sittings of courts to be public
Status: in_force

The sittings of every court shall be public, and every person may freely attend the sittings of every court. Rev. Stat., ch. 43, § 19; C. & M. Dig., § 2103; Pope's Dig., § 2707; A.S.A. 1947, § 22-109.

The sittings of every court shall be public, and every person may freely attend the sittings of every court.

Rev. Stat., ch. 43, § 19; C. & M. Dig., § 2103; Pope's Dig., § 2707; A.S.A. 1947, § 22-109.
Ark. Code Ann. § 16-6-102 — AR Code / Title 16 / Chapter 6 / Subchapter 1 / Section 16-6-102
Purpose
Status: in_force

Since the spirit of volunteerism has long animated citizens of this state to give of their time and abilities to help others, the State of Arkansas would be wise to ensure that qualified volunteers shall not be civilly liable for personal injury or property damage resulting from any act or omission in carrying out their authority or responsibilities as volunteers. While there are no known recent instances in Arkansas where a volunteer has been subjected to personal liability for negligence in performing volunteer duties and there are no cases presently known to be pending, the recent publicity generated in relation to the perceived insurance crisis has heightened concern among many who would provide volunteer services, making it more difficult to provide certain important services, cultural and educational events, and other opportunities to the citizens of the State of Arkansas through voluntary services. This subchapter limits and defines the liability of volunteers in order to diminish their concern with regard to personal liability associated with volunteer work in order that the state might maximize this important human resource. Acts 1987, No. 390, § 1.

Since the spirit of volunteerism has long animated citizens of this state to give of their time and abilities to help others, the State of Arkansas would be wise to ensure that qualified volunteers shall not be civilly liable for personal injury or property damage resulting from any act or omission in carrying out their authority or responsibilities as volunteers. While there are no known recent instances in Arkansas where a volunteer has been subjected to personal liability for negligence in performing volunteer duties and there are no cases presently known to be pending, the recent publicity generated in relation to the perceived insurance crisis has heightened concern among many who would provide volunteer services, making it more difficult to provide certain important services, cultural and educational events, and other opportunities to the citizens of the State of Arkansas through voluntary services. This subchapter limits and defines the liability of volunteers in order to diminish their concern with regard to personal liability associated with volunteer work in order that the state might maximize this important human resource.

Acts 1987, No. 390, § 1.
Ark. Code Ann. § 16-87-306 — AR Code / Title 16 / Chapter 87 / Subchapter 3 / Section 16-87-306
Duties
Status: in_force

The public defender in each judicial district shall have the following duties: (1) (A) To defend indigents within the district as determined by the circuit, municipal, or juvenile courts in the district in all: (i) Felony, misdemeanor, juvenile, guardianship, and mental health cases; (ii) Traffic cases punishable by incarceration; and (iii) Contempt proceedings punishable by incarceration. (B) Except for juvenile representation in family in need of services cases, in no case may a public defender be appointed or the commission be responsible for payment where there is no risk of incarceration or loss of liberty; and (2) (A) In all capital cases where the death penalty is sought, two (2) attorneys shall be appointed, unless the prosecuting attorney informs the circuit court at the arraignment of the defendant that the death penalty will not be sought. (B) The Capital, Conflicts, and Appellate Office of the Arkansas Public Defender Commission may be appointed, consistent with § 16-87-205 . (C) It should be presumed for purposes of this section that the death penalty will be sought. Acts 1997, No. 788, § 16; 1997, No. 1341, § 16; 2001, No. 1799, § 11.

The public defender in each judicial district shall have the following duties:

(1) (A) To defend indigents within the district as determined by the circuit, municipal, or juvenile courts in the district in all: (i) Felony, misdemeanor, juvenile, guardianship, and mental health cases; (ii) Traffic cases punishable by incarceration; and (iii) Contempt proceedings punishable by incarceration. (B) Except for juvenile representation in family in need of services cases, in no case may a public defender be appointed or the commission be responsible for payment where there is no risk of incarceration or loss of liberty; and

(A) To defend indigents within the district as determined by the circuit, municipal, or juvenile courts in the district in all: (i) Felony, misdemeanor, juvenile, guardianship, and mental health cases; (ii) Traffic cases punishable by incarceration; and (iii) Contempt proceedings punishable by incarceration.

(i) Felony, misdemeanor, juvenile, guardianship, and mental health cases;

(ii) Traffic cases punishable by incarceration; and

(iii) Contempt proceedings punishable by incarceration.

(B) Except for juvenile representation in family in need of services cases, in no case may a public defender be appointed or the commission be responsible for payment where there is no risk of incarceration or loss of liberty; and

(2) (A) In all capital cases where the death penalty is sought, two (2) attorneys shall be appointed, unless the prosecuting attorney informs the circuit court at the arraignment of the defendant that the death penalty will not be sought. (B) The Capital, Conflicts, and Appellate Office of the Arkansas Public Defender Commission may be appointed, consistent with § 16-87-205 . (C) It should be presumed for purposes of this section that the death penalty will be sought.

(A) In all capital cases where the death penalty is sought, two (2) attorneys shall be appointed, unless the prosecuting attorney informs the circuit court at the arraignment of the defendant that the death penalty will not be sought.

(B) The Capital, Conflicts, and Appellate Office of the Arkansas Public Defender Commission may be appointed, consistent with § 16-87-205 .

(C) It should be presumed for purposes of this section that the death penalty will be sought.

Acts 1997, No. 788, § 16; 1997, No. 1341, § 16; 2001, No. 1799, § 11.
Ark. Code Ann. § 16-67-331 — AR Code / Title 16 / Chapter 67 / Subchapter 3 / Section 16-67-331
[Repealed]
Status: repealed

Repealed by Act 2013, No. 1148,§ 55, eff. 8/16/2013. Civil Code, § 885; C. & M. Dig., § 2173; Pope's Dig., § 2782; A.S.A. 1947, § 27-2155.

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

Civil Code, § 885; C. & M. Dig., § 2173; Pope's Dig., § 2782; A.S.A. 1947, § 27-2155.
Ark. Code Ann. § 16-84-118 — AR Code / Title 16 / Chapter 84 / Subchapter 1 / Section 16-84-118
Bail reporting
Status: in_force

(a) The Administrative Office of the Courts shall report for any court that uses case management software the following data concerning bail for defendants on the court's docket: (1) The most serious charge a defendant is currently facing in the court; (2) (A) The amount of the initial bail, whether cash or secured. (B) The amount of the initial bail shall reflect the: (i) Total amount of cash tendered, if applicable; and (ii) Total percentage paid of the bail amount, if applicable; (3) The current length of the defendant's pretrial detention; (4) The disposition of any cash bail, if applicable; (5) Any subsequent bail modification, if applicable; (6) The number of defendants with an outstanding warrant for failure to appear; and (7) The number of defendants who reoffended while on bail and have an outstanding warrant for their arrest or are subject to a pending motion to revoke bail. (b) The office shall compile all data submitted or entered under this section and present a written report to the Legislative Council by July 1 and December 31 of each year. Added by Act 2021, No. 991,§ 1, eff. 7/28/2021.

(a) The Administrative Office of the Courts shall report for any court that uses case management software the following data concerning bail for defendants on the court's docket: (1) The most serious charge a defendant is currently facing in the court; (2) (A) The amount of the initial bail, whether cash or secured. (B) The amount of the initial bail shall reflect the: (i) Total amount of cash tendered, if applicable; and (ii) Total percentage paid of the bail amount, if applicable; (3) The current length of the defendant's pretrial detention; (4) The disposition of any cash bail, if applicable; (5) Any subsequent bail modification, if applicable; (6) The number of defendants with an outstanding warrant for failure to appear; and (7) The number of defendants who reoffended while on bail and have an outstanding warrant for their arrest or are subject to a pending motion to revoke bail.

(1) The most serious charge a defendant is currently facing in the court;

(2) (A) The amount of the initial bail, whether cash or secured. (B) The amount of the initial bail shall reflect the: (i) Total amount of cash tendered, if applicable; and (ii) Total percentage paid of the bail amount, if applicable;

(A) The amount of the initial bail, whether cash or secured.

(B) The amount of the initial bail shall reflect the: (i) Total amount of cash tendered, if applicable; and (ii) Total percentage paid of the bail amount, if applicable;

(i) Total amount of cash tendered, if applicable; and

(ii) Total percentage paid of the bail amount, if applicable;

(3) The current length of the defendant's pretrial detention;

(4) The disposition of any cash bail, if applicable;

(5) Any subsequent bail modification, if applicable;

(6) The number of defendants with an outstanding warrant for failure to appear; and

(7) The number of defendants who reoffended while on bail and have an outstanding warrant for their arrest or are subject to a pending motion to revoke bail.

(b) The office shall compile all data submitted or entered under this section and present a written report to the Legislative Council by July 1 and December 31 of each year.

Added by Act 2021, No. 991,§ 1, eff. 7/28/2021.
Ark. Code Ann. § 16-66-204 — AR Code / Title 16 / Chapter 66 / Subchapter 2 / Section 16-66-204
Leases subject to execution - Exception
Status: in_force

Every unexpired lease of lands shall be subject to execution and sale as real estate; but this lease shall not be subject to sale under any execution issued by a justice of the peace. Rev. Stat., ch. 60, § 73; C. & M. Dig., § 4271; Pope's Dig., § 5283; A.S.A. 1947, § 30-202.

Every unexpired lease of lands shall be subject to execution and sale as real estate; but this lease shall not be subject to sale under any execution issued by a justice of the peace.

Rev. Stat., ch. 60, § 73; C. & M. Dig., § 4271; Pope's Dig., § 5283; A.S.A. 1947, § 30-202.
Ark. Code Ann. § 16-66-404 — AR Code / Title 16 / Chapter 66 / Subchapter 4 / Section 16-66-404
Levy on shares or stock in corporations - Statement of shares and encumbrances
Status: in_force

(a) Whenever an officer, having an execution or writ of attachment in his or her hands, levies on shares or stock in corporations, he or she shall make the levy or seizure by leaving a true copy of the writ with the president, secretary, cashier, or other officer, with the certificate of the officer making the levy, that he or she levies upon and takes such rights or shares to satisfy the execution. (b) When an execution shall be issued against any shares or stock in any bank, insurance company, or other corporation, it shall be the duty of the cashier, secretary, or chief clerk thereof, upon the request of the officer having the execution, to furnish him or her with a certificate under his or her hand, stating the number of rights or shares the defendant holds in the bank, company, or corporation, with the encumbrances thereon. Rev. Stat., ch. 60, § 26; Acts 1891, No. 21, §§ 1, 2; C. & M. Dig., §§ 4278, 4279; Pope's Dig., §§ 5290, 5291; A.S.A. 1947, §§ 30-402, 30-403.

(a) Whenever an officer, having an execution or writ of attachment in his or her hands, levies on shares or stock in corporations, he or she shall make the levy or seizure by leaving a true copy of the writ with the president, secretary, cashier, or other officer, with the certificate of the officer making the levy, that he or she levies upon and takes such rights or shares to satisfy the execution.

(b) When an execution shall be issued against any shares or stock in any bank, insurance company, or other corporation, it shall be the duty of the cashier, secretary, or chief clerk thereof, upon the request of the officer having the execution, to furnish him or her with a certificate under his or her hand, stating the number of rights or shares the defendant holds in the bank, company, or corporation, with the encumbrances thereon.

Rev. Stat., ch. 60, § 26; Acts 1891, No. 21, §§ 1, 2; C. & M. Dig., §§ 4278, 4279; Pope's Dig., §§ 5290, 5291; A.S.A. 1947, §§ 30-402, 30-403.
Ark. Code Ann. § 16-66-301 — AR Code / Title 16 / Chapter 66 / Subchapter 3 / Section 16-66-301
Petition to judge, stay, quash, or set aside execution - Proceedings
Status: in_force

(a) If any person against whom any execution has been issued applies to the judge of the court out of which the execution or order of sale was issued, by petition verified by affidavit, setting forth good cause why the execution ought to be stayed, set aside, or quashed, reasonable notice of the intended application having been previously given to the adverse party or his or her agent or attorney of record, the judge shall, upon the application, hear the complaint. (b) (1) If it appears that the execution ought to be stayed, set aside, or quashed and the petitioner enters into a recognizance with sufficient security in such sum as may be reasonable to be taken and approved by the judge, conditioned that if the application is determined against the petitioner, he or she will pay the debt, damages, and costs, to be recovered by the execution or order of sale, surrender in execution his or her property liable to be seized, taken, and sold by the execution or order of sale, or that the sureties will do it for him or her, then the judge shall make an order for the stay of the execution or order of sale as aforesaid. (2) However, all property real and personal bound by the execution or order of sale shall remain bound as if no such stay had been granted. (c) On the presentation of a certified copy of the order to the officer having charge of the execution or order of sale, he or she shall immediately return the execution or order of sale without further action. (d) The judge shall return the petition and proceedings thereon, duly certified, to the court out of which the execution was issued or the order of sale made returnable. The clerk of that court shall enter the petition and proceedings upon the docket, and the court shall hear and determine the petition and proceedings in a summary manner, according to right and justice, and may award a perpetual stay of or quash the execution or order of sale, or may order the execution or order of sale to be enforced. Rev. Stat., ch. 60, §§ 70-72; C. & M. Dig., §§ 4291-4293; Pope's Dig., §§ 5303-5305; A.S.A. 1947, §§ 30-311 -- 30-313.

(a) If any person against whom any execution has been issued applies to the judge of the court out of which the execution or order of sale was issued, by petition verified by affidavit, setting forth good cause why the execution ought to be stayed, set aside, or quashed, reasonable notice of the intended application having been previously given to the adverse party or his or her agent or attorney of record, the judge shall, upon the application, hear the complaint.

(b) (1) If it appears that the execution ought to be stayed, set aside, or quashed and the petitioner enters into a recognizance with sufficient security in such sum as may be reasonable to be taken and approved by the judge, conditioned that if the application is determined against the petitioner, he or she will pay the debt, damages, and costs, to be recovered by the execution or order of sale, surrender in execution his or her property liable to be seized, taken, and sold by the execution or order of sale, or that the sureties will do it for him or her, then the judge shall make an order for the stay of the execution or order of sale as aforesaid. (2) However, all property real and personal bound by the execution or order of sale shall remain bound as if no such stay had been granted.

(1) If it appears that the execution ought to be stayed, set aside, or quashed and the petitioner enters into a recognizance with sufficient security in such sum as may be reasonable to be taken and approved by the judge, conditioned that if the application is determined against the petitioner, he or she will pay the debt, damages, and costs, to be recovered by the execution or order of sale, surrender in execution his or her property liable to be seized, taken, and sold by the execution or order of sale, or that the sureties will do it for him or her, then the judge shall make an order for the stay of the execution or order of sale as aforesaid.

(2) However, all property real and personal bound by the execution or order of sale shall remain bound as if no such stay had been granted.

(c) On the presentation of a certified copy of the order to the officer having charge of the execution or order of sale, he or she shall immediately return the execution or order of sale without further action.

(d) The judge shall return the petition and proceedings thereon, duly certified, to the court out of which the execution was issued or the order of sale made returnable. The clerk of that court shall enter the petition and proceedings upon the docket, and the court shall hear and determine the petition and proceedings in a summary manner, according to right and justice, and may award a perpetual stay of or quash the execution or order of sale, or may order the execution or order of sale to be enforced.

Rev. Stat., ch. 60, §§ 70-72; C. & M. Dig., §§ 4291-4293; Pope's Dig., §§ 5303-5305; A.S.A. 1947, §§ 30-311 -- 30-313.
Ark. Code Ann. § 16-110-301 — AR Code / Title 16 / Chapter 110 / Subchapter 3 / Section 16-110-301
Liability for debts for building, repairing, fitting, etc
Status: in_force

(a) Boats and vessels of all descriptions built, repaired, or equipped in this state, or running upon any of the navigable waters of this state, shall be liable for all debts contracted by the owners, masters, or supercargoes, or assignees thereof, on account of all work done, or supplies or materials furnished, by mechanics, tradesmen, and others for, on account of, or towards building, repairing, fitting, furnishing, or equipping the boats or vessels, their engines, machinery, sails, rigging, tackle, apparel, and furniture. (b) The debts shall have the preference of all other debts due from the owners or proprietors, except wages of mariners, boatmen, and others employed in the service of boats and vessels, which shall be first paid. Rev. Stat., ch. 14, § 1; C. & M. Dig., § 585; Pope's Dig., § 622; A.S.A. 1947, § 31-401.

(a) Boats and vessels of all descriptions built, repaired, or equipped in this state, or running upon any of the navigable waters of this state, shall be liable for all debts contracted by the owners, masters, or supercargoes, or assignees thereof, on account of all work done, or supplies or materials furnished, by mechanics, tradesmen, and others for, on account of, or towards building, repairing, fitting, furnishing, or equipping the boats or vessels, their engines, machinery, sails, rigging, tackle, apparel, and furniture.

(b) The debts shall have the preference of all other debts due from the owners or proprietors, except wages of mariners, boatmen, and others employed in the service of boats and vessels, which shall be first paid.

Rev. Stat., ch. 14, § 1; C. & M. Dig., § 585; Pope's Dig., § 622; A.S.A. 1947, § 31-401.