Ark. Code Ann. § 16-7-203 — AR Code / Title 16 / Chapter 7 / Subchapter 2 / Section 16-7-203
Duty and authority of state and local officers and agencies and governments
Status: in_force

(a) It is the duty of all the elements of government expressed or implied by § 16-7-201(3) , and they are hereby authorized, to use dispute resolution processes in resolving any and all disputes, cases, or controversies in which they may be directly or indirectly involved, whether between themselves and members of the public or between any other state or local officer, agency, government, or entity of this state or of any other state or any element or entity of the federal government. (b) The elements of government expressed or implied by § 16-7-201 are authorized to use arbitration, private judging, mediation-arbitration, fact finding, mini-trials, and summary jury trials in resolving any and all disputes, cases, or controversies in which they may be directly or indirectly involved, whether between themselves and members of the public, or their employees or bona fide employee organizations, or corporations, or nonprofit organizations, or any other state or local officer, agency, government, or entity of this state or of any other state or any element or entity of the federal government, so long as the parties have agreed to participate. This subsection is permissive and not mandatory. Acts 1993, No. 641, § 3; 2007, No. 1206, § 1.

(a) It is the duty of all the elements of government expressed or implied by § 16-7-201(3) , and they are hereby authorized, to use dispute resolution processes in resolving any and all disputes, cases, or controversies in which they may be directly or indirectly involved, whether between themselves and members of the public or between any other state or local officer, agency, government, or entity of this state or of any other state or any element or entity of the federal government.

(b) The elements of government expressed or implied by § 16-7-201 are authorized to use arbitration, private judging, mediation-arbitration, fact finding, mini-trials, and summary jury trials in resolving any and all disputes, cases, or controversies in which they may be directly or indirectly involved, whether between themselves and members of the public, or their employees or bona fide employee organizations, or corporations, or nonprofit organizations, or any other state or local officer, agency, government, or entity of this state or of any other state or any element or entity of the federal government, so long as the parties have agreed to participate. This subsection is permissive and not mandatory.

Acts 1993, No. 641, § 3; 2007, No. 1206, § 1.
Ark. Code Ann. § 16-89-103 — AR Code / Title 16 / Chapter 89 / Section 16-89-103
Presence of defendant
Status: in_force

(a) (1) If the indictment is for a felony, the defendant must be present during the trial. (2) (A) (i) If he or she escapes from custody after the trial has commenced or is present at the beginning of the trial and then causes himself or herself to be unable to appear at trial or if on bail shall absent himself or herself during the trial, the trial may either be stopped or progress to a verdict at the discretion of the court. (ii) This provision shall apply in all instances except where the death penalty is sought. (B) However, judgment shall not be rendered until the presence of the defendant is obtained. (b) If the indictment is for a misdemeanor, the trial may be had in the absence of the defendant. Crim. Code, §§ 184, 185; C. & M. Dig., §§ 3136, 3137; Pope's Dig., §§ 3972, 3973; A.S.A. 1947, §§ 43-2101, 43-2102; Acts 1997, No. 526, § 1.

(a) (1) If the indictment is for a felony, the defendant must be present during the trial. (2) (A) (i) If he or she escapes from custody after the trial has commenced or is present at the beginning of the trial and then causes himself or herself to be unable to appear at trial or if on bail shall absent himself or herself during the trial, the trial may either be stopped or progress to a verdict at the discretion of the court. (ii) This provision shall apply in all instances except where the death penalty is sought. (B) However, judgment shall not be rendered until the presence of the defendant is obtained.

(1) If the indictment is for a felony, the defendant must be present during the trial.

(2) (A) (i) If he or she escapes from custody after the trial has commenced or is present at the beginning of the trial and then causes himself or herself to be unable to appear at trial or if on bail shall absent himself or herself during the trial, the trial may either be stopped or progress to a verdict at the discretion of the court. (ii) This provision shall apply in all instances except where the death penalty is sought. (B) However, judgment shall not be rendered until the presence of the defendant is obtained.

(A) (i) If he or she escapes from custody after the trial has commenced or is present at the beginning of the trial and then causes himself or herself to be unable to appear at trial or if on bail shall absent himself or herself during the trial, the trial may either be stopped or progress to a verdict at the discretion of the court. (ii) This provision shall apply in all instances except where the death penalty is sought.

(i) If he or she escapes from custody after the trial has commenced or is present at the beginning of the trial and then causes himself or herself to be unable to appear at trial or if on bail shall absent himself or herself during the trial, the trial may either be stopped or progress to a verdict at the discretion of the court.

(ii) This provision shall apply in all instances except where the death penalty is sought.

(B) However, judgment shall not be rendered until the presence of the defendant is obtained.

(b) If the indictment is for a misdemeanor, the trial may be had in the absence of the defendant.

Crim. Code, §§ 184, 185; C. & M. Dig., §§ 3136, 3137; Pope's Dig., §§ 3972, 3973; A.S.A. 1947, §§ 43-2101, 43-2102; Acts 1997, No. 526, § 1.
Ark. Code Ann. § 16-13-2902 — AR Code / Title 16 / Chapter 13 / Subchapter 29 / Section 16-13-2902
Terms of court
Status: in_force

The terms of court in the Twenty-first Judicial District shall be the first Monday in March, the second Monday in July, and the third Monday in November. Acts 1995, No. 900, § 4.

The terms of court in the Twenty-first Judicial District shall be the first Monday in March, the second Monday in July, and the third Monday in November.

Acts 1995, No. 900, § 4.
Ark. Code Ann. § 16-13-1408 — AR Code / Title 16 / Chapter 13 / Subchapter 14 / Section 16-13-1408
Location of chancery courts
Status: in_force

The county judges of the counties of the Sixth Judicial District shall provide adequate space in their courthouses for the holding of chancery court. Acts 1979, No. 211, § 4; A.S.A. 1947, § 22-417.13.

The county judges of the counties of the Sixth Judicial District shall provide adequate space in their courthouses for the holding of chancery court.

Acts 1979, No. 211, § 4; A.S.A. 1947, § 22-417.13.
Ark. Code Ann. § 16-106-204 — AR Code / Title 16 / Chapter 106 / Subchapter 2 / Section 16-106-204
Fees and costs
Status: in_force

(a) Any award of attorney's fees or costs, or the imposition of a sanction shall serve as a judgment against the inmate, and the Division of Correction is authorized to take up to fifty percent (50%) of the inmate's account per month until paid. (b) The judgment shall be subject to execution without further order of any court for a period of ten (10) years from the date of an award or imposition of a sanction. Amended by Act 2019, No. 910,§ 969, eff. 7/1/2019. Acts 1997, No. 371, § 4.

(a) Any award of attorney's fees or costs, or the imposition of a sanction shall serve as a judgment against the inmate, and the Division of Correction is authorized to take up to fifty percent (50%) of the inmate's account per month until paid.

(b) The judgment shall be subject to execution without further order of any court for a period of ten (10) years from the date of an award or imposition of a sanction.

Amended by Act 2019, No. 910,§ 969, eff. 7/1/2019.

Acts 1997, No. 371, § 4.
Ark. Code Ann. § 16-90-1114 — AR Code / Title 16 / Chapter 90 / Subchapter 11 / Section 16-90-1114
Derivative rights of member of victim's family
Status: in_force

(a) If a victim is a minor or is incapacitated, incompetent, or deceased, a member of the victim's family may exercise the rights of the victim under this subchapter. (b) If more than one (1) member of the victim's family attempts to exercise those rights, the court may designate which of them may exercise those rights. Acts 1997, No. 1262, § 14.

(a) If a victim is a minor or is incapacitated, incompetent, or deceased, a member of the victim's family may exercise the rights of the victim under this subchapter.

(b) If more than one (1) member of the victim's family attempts to exercise those rights, the court may designate which of them may exercise those rights.

Acts 1997, No. 1262, § 14.
Ark. Code Ann. § 16-47-205 — AR Code / Title 16 / Chapter 47 / Subchapter 2 / Section 16-47-205
Proof of identity of person making
Status: in_force

The officer taking the acknowledgment shall know or have satisfactory evidence that the person making the acknowledgment is the person described in and who executed the instrument. Acts 1943, No. 169, § 5; A.S.A. 1947, § 49-105.

The officer taking the acknowledgment shall know or have satisfactory evidence that the person making the acknowledgment is the person described in and who executed the instrument.

Acts 1943, No. 169, § 5; A.S.A. 1947, § 49-105.
Ark. Code Ann. § 16-44-201 — AR Code / Title 16 / Chapter 44 / Subchapter 2 / Section 16-44-201
Authorization for deposition generally - Manner of taking - Use
Status: in_force

(a) The court or judge in vacation, or a Justice of the Supreme Court, may authorize either party to take the deposition of a material witness where there are reasonable grounds to apprehend that, before trial, the witness will die, will become mentally incapable of giving testimony or physically incapable of attending the trial, or will become a nonresident of the state. The materiality of the testimony and the reason for taking the deposition shall be shown by affidavit. (b) The court or judge shall, by written order, prescribe the manner of taking the deposition whether by interrogatories or upon notice to the parties. (c) Upon the death of the witness, or upon his becoming mentally incapable of testifying or a nonresident of the state and absent therefrom so that he could not be summoned, the deposition taken in pursuance of such order may be read as evidence, provided that the grounds of nonresidence and absence from the state shall not be sufficient unless the party wishing to use the deposition makes an affidavit that he has tried in good faith to procure the attendance of such witness and been unable to do so. Crim. Code, § 154; C. & M. Dig., §§ 3112-3115; Pope's Dig., §§ 3946-3949; Acts 1979, No. 1022, § 1; A.S.A. 1947, § 43-2011.

(a) The court or judge in vacation, or a Justice of the Supreme Court, may authorize either party to take the deposition of a material witness where there are reasonable grounds to apprehend that, before trial, the witness will die, will become mentally incapable of giving testimony or physically incapable of attending the trial, or will become a nonresident of the state. The materiality of the testimony and the reason for taking the deposition shall be shown by affidavit.

(b) The court or judge shall, by written order, prescribe the manner of taking the deposition whether by interrogatories or upon notice to the parties.

(c) Upon the death of the witness, or upon his becoming mentally incapable of testifying or a nonresident of the state and absent therefrom so that he could not be summoned, the deposition taken in pursuance of such order may be read as evidence, provided that the grounds of nonresidence and absence from the state shall not be sufficient unless the party wishing to use the deposition makes an affidavit that he has tried in good faith to procure the attendance of such witness and been unable to do so.

Crim. Code, § 154; C. & M. Dig., §§ 3112-3115; Pope's Dig., §§ 3946-3949; Acts 1979, No. 1022, § 1; A.S.A. 1947, § 43-2011.
Ark. Code Ann. § 16-90-1415 — AR Code / Title 16 / Chapter 90 / Subchapter 14 / Section 16-90-1415
Burden of proof - Standard of review
Status: in_force

(a) For a uniform petition filed under § 16-90-1405 , unless the circuit court or district court is presented with and finds that there is clear and convincing evidence that a misdemeanor or violation conviction should not be sealed under this subchapter, the circuit court or district court shall seal the misdemeanor or violation conviction for a person after the person files a uniform petition as described in this section. (b) (1) A uniform petition filed under § 16-90-1406 may be granted if the court finds by clear and convincing evidence that doing so would further the interests of justice, considering the following factors: (A) Whether the person appears likely to reoffend; (B) The person's other criminal history; (C) The existence of any pending charges or criminal investigations involving the person; (D) Input from the victim of the offense for which the person was convicted, if applicable; and (E) Any other information provided by the state that would cause a reasonable person to consider the person a further threat to society. (2) The factors listed in subdivision (b)(1) of this section are not exclusive. (c) A uniform petition filed under § 16-90-1407 may be granted if the court finds that doing so is in the best interest of the petitioner and the state. (d) A uniform petition filed under § 16-90-1409 or § 16-90-1410 shall be granted unless the state shows by a preponderance of the evidence that doing so would: (1) Place the public at risk; or (2) Not further the interests of justice. (e) A uniform petition filed under § 16-90-1411 shall be granted if the court finds that the requirements of § 16-90-1411 are met. (f) (1) An appeal of the grant or denial of the uniform petition to seal may be taken by either party. (2) An appeal from the district court shall be taken to the circuit court, which shall review the case de novo. (3) An appeal from the circuit court shall be taken as provided by Supreme Court rule, and the appellate court shall review the case using an abuse of discretion standard. Added by Act 2013, No. 1460,§ 9, eff. 1/1/2014.

(a) For a uniform petition filed under § 16-90-1405 , unless the circuit court or district court is presented with and finds that there is clear and convincing evidence that a misdemeanor or violation conviction should not be sealed under this subchapter, the circuit court or district court shall seal the misdemeanor or violation conviction for a person after the person files a uniform petition as described in this section.

(b) (1) A uniform petition filed under § 16-90-1406 may be granted if the court finds by clear and convincing evidence that doing so would further the interests of justice, considering the following factors: (A) Whether the person appears likely to reoffend; (B) The person's other criminal history; (C) The existence of any pending charges or criminal investigations involving the person; (D) Input from the victim of the offense for which the person was convicted, if applicable; and (E) Any other information provided by the state that would cause a reasonable person to consider the person a further threat to society. (2) The factors listed in subdivision (b)(1) of this section are not exclusive.

(1) A uniform petition filed under § 16-90-1406 may be granted if the court finds by clear and convincing evidence that doing so would further the interests of justice, considering the following factors: (A) Whether the person appears likely to reoffend; (B) The person's other criminal history; (C) The existence of any pending charges or criminal investigations involving the person; (D) Input from the victim of the offense for which the person was convicted, if applicable; and (E) Any other information provided by the state that would cause a reasonable person to consider the person a further threat to society.

(A) Whether the person appears likely to reoffend;

(B) The person's other criminal history;

(C) The existence of any pending charges or criminal investigations involving the person;

(D) Input from the victim of the offense for which the person was convicted, if applicable; and

(E) Any other information provided by the state that would cause a reasonable person to consider the person a further threat to society.

(2) The factors listed in subdivision (b)(1) of this section are not exclusive.

(c) A uniform petition filed under § 16-90-1407 may be granted if the court finds that doing so is in the best interest of the petitioner and the state.

(d) A uniform petition filed under § 16-90-1409 or § 16-90-1410 shall be granted unless the state shows by a preponderance of the evidence that doing so would: (1) Place the public at risk; or (2) Not further the interests of justice.

(1) Place the public at risk; or

(2) Not further the interests of justice.

(e) A uniform petition filed under § 16-90-1411 shall be granted if the court finds that the requirements of § 16-90-1411 are met.

(f) (1) An appeal of the grant or denial of the uniform petition to seal may be taken by either party. (2) An appeal from the district court shall be taken to the circuit court, which shall review the case de novo. (3) An appeal from the circuit court shall be taken as provided by Supreme Court rule, and the appellate court shall review the case using an abuse of discretion standard.

(1) An appeal of the grant or denial of the uniform petition to seal may be taken by either party.

(2) An appeal from the district court shall be taken to the circuit court, which shall review the case de novo.

(3) An appeal from the circuit court shall be taken as provided by Supreme Court rule, and the appellate court shall review the case using an abuse of discretion standard.

Added by Act 2013, No. 1460,§ 9, eff. 1/1/2014.
Ark. Code Ann. § 16-96-110 — AR Code / Title 16 / Chapter 96 / Subchapter 1 / Section 16-96-110
[Repealed]
Status: repealed

Repealed by Act 2023, No. 177,§ 14, eff. 8/1/2023. Crim. Code, § 312; Acts 1871, No. 49, § 1 [312]; p. 256; C. & M. Dig., § 3288; Pope's Dig., § 4136; A.S.A. 1947, § 44-114.

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

Crim. Code, § 312; Acts 1871, No. 49, § 1 [312]; p. 256; C. & M. Dig., § 3288; Pope's Dig., § 4136; A.S.A. 1947, § 44-114.
Ark. Code Ann. § 16-120-802 — AR Code / Title 16 / Chapter 120 / Subchapter 8 / Section 16-120-802
Possession of concealed handgun in parking lot
Status: in_force

(a) A business entity, owner or legal possessor of property, or private employer is not liable in a civil action for damages, injuries, or death resulting from or arising out of an employee's or another person's actions involving a handgun transported or stored under § 11-5-117 or from allowing a person to enter the private employer's place of business or parking lot under § 11-5-117 , including without limitation the theft of a handgun from an employee's private motor vehicle, unless the business entity, owner or legal possessor of property, or private employer intentionally solicited or procured the other person's actions. (b) Employees shall, within twenty-four (24) hours of obtaining knowledge of a theft occurring on a private employer's private parking lot, report a handgun as lost or stolen to the private employer and a local law enforcement agency with jurisdiction. (c) A handgun possessed in a parking lot does not solely constitute a failure on the part of a private employer to provide a safe workplace. (d) (1) A private employer may terminate any employee for flagrantly or unreasonably displaying a handgun in plain sight of others at the private employer's place of business or in plain sight in an employee's motor vehicle. (2) A private employer may bring a civil action against an employee who knowingly displays in a flagrant or unreasonable manner a handgun in plain sight of others at a private employer's place of business or in plain sight in an employee's motor vehicle, as described in § 16-118-115 , except when an employee's display of a handgun is incidental and reasonably related to the transfer of the employee's handgun from his or her locked container located within the employee's motor vehicle to another part of the employee's motor vehicle or employee's person. Amended by Act 2021, No. 809,§ 5, eff. 7/28/2021. Added by Act 2017, No. 1071,§ 5, eff. 8/1/2017.

(a) A business entity, owner or legal possessor of property, or private employer is not liable in a civil action for damages, injuries, or death resulting from or arising out of an employee's or another person's actions involving a handgun transported or stored under § 11-5-117 or from allowing a person to enter the private employer's place of business or parking lot under § 11-5-117 , including without limitation the theft of a handgun from an employee's private motor vehicle, unless the business entity, owner or legal possessor of property, or private employer intentionally solicited or procured the other person's actions.

(b) Employees shall, within twenty-four (24) hours of obtaining knowledge of a theft occurring on a private employer's private parking lot, report a handgun as lost or stolen to the private employer and a local law enforcement agency with jurisdiction.

(c) A handgun possessed in a parking lot does not solely constitute a failure on the part of a private employer to provide a safe workplace.

(d) (1) A private employer may terminate any employee for flagrantly or unreasonably displaying a handgun in plain sight of others at the private employer's place of business or in plain sight in an employee's motor vehicle. (2) A private employer may bring a civil action against an employee who knowingly displays in a flagrant or unreasonable manner a handgun in plain sight of others at a private employer's place of business or in plain sight in an employee's motor vehicle, as described in § 16-118-115 , except when an employee's display of a handgun is incidental and reasonably related to the transfer of the employee's handgun from his or her locked container located within the employee's motor vehicle to another part of the employee's motor vehicle or employee's person.

(1) A private employer may terminate any employee for flagrantly or unreasonably displaying a handgun in plain sight of others at the private employer's place of business or in plain sight in an employee's motor vehicle.

(2) A private employer may bring a civil action against an employee who knowingly displays in a flagrant or unreasonable manner a handgun in plain sight of others at a private employer's place of business or in plain sight in an employee's motor vehicle, as described in § 16-118-115 , except when an employee's display of a handgun is incidental and reasonably related to the transfer of the employee's handgun from his or her locked container located within the employee's motor vehicle to another part of the employee's motor vehicle or employee's person.

Amended by Act 2021, No. 809,§ 5, eff. 7/28/2021.

Added by Act 2017, No. 1071,§ 5, eff. 8/1/2017.
Ark. Code Ann. § 16-108-209 — AR Code / Title 16 / Chapter 108 / Subchapter 2 / Section 16-108-209
Initiation of arbitration
Status: in_force

(a) A person initiates an arbitration proceeding by giving notice in a record to the other parties to the agreement to arbitrate in the agreed manner between the parties or, in the absence of agreement, by certified or registered mail, return receipt requested and obtained, or by service as authorized for the commencement of a civil action. The notice must describe the nature of the controversy and the remedy sought. (b) Unless a person objects for lack or insufficiency of notice under § 16-108-215(c) not later than the beginning of the arbitration hearing, the person by appearing at the hearing waives any objection to lack of or insufficiency of notice. Acts 2011, No. 695, § 1.

(a) A person initiates an arbitration proceeding by giving notice in a record to the other parties to the agreement to arbitrate in the agreed manner between the parties or, in the absence of agreement, by certified or registered mail, return receipt requested and obtained, or by service as authorized for the commencement of a civil action. The notice must describe the nature of the controversy and the remedy sought.

(b) Unless a person objects for lack or insufficiency of notice under § 16-108-215(c) not later than the beginning of the arbitration hearing, the person by appearing at the hearing waives any objection to lack of or insufficiency of notice.

Acts 2011, No. 695, § 1.
Ark. Code Ann. § 16-89-112 — AR Code / Title 16 / Chapter 89 / Section 16-89-112
Evidence - Proof of certain acts or facts
Status: in_force

(a) In trials for treason, no evidence shall be given of an overt act that is not expressly laid in the indictment, and no conviction shall be had unless one (1) or more overt acts are alleged therein. (b) In trials of indictments for conspiracy, in cases where an overt act is required by law to consummate the offense, no conviction shall be had unless one (1) or more overt acts are expressly alleged in the indictment and proved on the trial. However, overt acts other than those alleged in the indictment may be given in evidence on the part of the prosecution. (c) (1) If the existence, constitution, or powers of any banking company shall become material or are in any manner drawn in question on the trial of any indictment or other proceeding in a criminal cause, it shall not be necessary to produce a certified copy of the charter or act of incorporation, but the existence, constitution, or powers may be proved by general reputation or by the printed statute book of the state by which the corporation was created. (2) On the trial of any indictment for counterfeiting any bill or note of any bank in this state, or of the United States, or of any other state or territory of the United States, the prosecuting attorney shall not be required to produce, on the trial, an authenticated copy of the charter of the bank, but the charter may be established in the manner prescribed in subdivision (c)(1) of this section. Rev. Stat., ch. 45, §§ 161, 162, 164, 165; C. & M. Dig., §§ 3117-3120; Pope's Dig., §§ 3951-3954; A.S.A. 1947, §§ 43-2012 -- 43-2015.

(a) In trials for treason, no evidence shall be given of an overt act that is not expressly laid in the indictment, and no conviction shall be had unless one (1) or more overt acts are alleged therein.

(b) In trials of indictments for conspiracy, in cases where an overt act is required by law to consummate the offense, no conviction shall be had unless one (1) or more overt acts are expressly alleged in the indictment and proved on the trial. However, overt acts other than those alleged in the indictment may be given in evidence on the part of the prosecution.

(c) (1) If the existence, constitution, or powers of any banking company shall become material or are in any manner drawn in question on the trial of any indictment or other proceeding in a criminal cause, it shall not be necessary to produce a certified copy of the charter or act of incorporation, but the existence, constitution, or powers may be proved by general reputation or by the printed statute book of the state by which the corporation was created. (2) On the trial of any indictment for counterfeiting any bill or note of any bank in this state, or of the United States, or of any other state or territory of the United States, the prosecuting attorney shall not be required to produce, on the trial, an authenticated copy of the charter of the bank, but the charter may be established in the manner prescribed in subdivision (c)(1) of this section.

(1) If the existence, constitution, or powers of any banking company shall become material or are in any manner drawn in question on the trial of any indictment or other proceeding in a criminal cause, it shall not be necessary to produce a certified copy of the charter or act of incorporation, but the existence, constitution, or powers may be proved by general reputation or by the printed statute book of the state by which the corporation was created.

(2) On the trial of any indictment for counterfeiting any bill or note of any bank in this state, or of the United States, or of any other state or territory of the United States, the prosecuting attorney shall not be required to produce, on the trial, an authenticated copy of the charter of the bank, but the charter may be established in the manner prescribed in subdivision (c)(1) of this section.

Rev. Stat., ch. 45, §§ 161, 162, 164, 165; C. & M. Dig., §§ 3117-3120; Pope's Dig., §§ 3951-3954; A.S.A. 1947, §§ 43-2012 -- 43-2015.
Ark. Code Ann. § 16-67-316 — AR Code / Title 16 / Chapter 67 / Subchapter 3 / Section 16-67-316
[Repealed]
Status: repealed

Repealed by Act 2013, No. 1148,§ 55, eff. 8/16/2013. Acts 1953, No. 555, § 16; A.S.A. 1947, § 27-2130.1.

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

Acts 1953, No. 555, § 16; A.S.A. 1947, § 27-2130.1.
Ark. Code Ann. § 16-93-1401 — AR Code / Title 16 / Chapter 93 / Subchapter 14 / Section 16-93-1401
Definitions
Status: in_force

As used in this subchapter: (1) "Correctional institution" means any state or privately operated prison, community correctional facility, county jail, city jail, or any other state, local, or privately operated detention facility; and (2) "Community supervision officer" means a parole, post-release supervision, or probation officer of the Division of Community Correction. Amended by Act 2023, No. 659,§ 228, eff. 1/1/2024. Acts 1997, No. 282, § 1.

As used in this subchapter:

(1) "Correctional institution" means any state or privately operated prison, community correctional facility, county jail, city jail, or any other state, local, or privately operated detention facility; and

(2) "Community supervision officer" means a parole, post-release supervision, or probation officer of the Division of Community Correction.

Amended by Act 2023, No. 659,§ 228, eff. 1/1/2024.

Acts 1997, No. 282, § 1.
Ark. Code Ann. § 16-21-601 — AR Code / Title 16 / Chapter 21 / Subchapter 6 / Section 16-21-601
Contingent expense allowance
Status: in_force

In lieu of any other contingent expense allowance provided by law for the Prosecuting Attorney of the First Judicial District, the prosecuting attorney shall receive an expense allowance to be borne by the respective counties of the First Judicial District as follows: (1) Cross County .................................................... Such amount as may be approved by the Quorum Court of Cross County, not to exceed one thousand dollars ($1,000) per annum; (2) Lee County ....................................................... Such amount as may be approved by the Quorum Court of Lee County, not to exceed one thousand dollars ($1,000) per annum; (3) Monroe County ................................................. Such amount as may be approved by the Quorum Court of Monroe County, not to exceed one thousand eight hundred dollars ($1,800) per annum; (4) Phillips County ................................................. Such amount as may be approved by the Quorum Court of Phillips County, not to exceed one thousand eight hundred dollars ($1,800) per annum; (5) St. Francis County .............................................. Such amount as may be approved by the Quorum Court of St. Francis County, not to exceed one thousand eight hundred dollars ($1,800) per annum; and (6) Woodruff County ............................................... Such amount as may be approved by the Quorum Court of Woodruff County, not to exceed one thousand four hundred dollars ($1,400) per annum. Acts 1983, No. 249, § 1; A.S.A. 1947, § 24-114.12.

In lieu of any other contingent expense allowance provided by law for the Prosecuting Attorney of the First Judicial District, the prosecuting attorney shall receive an expense allowance to be borne by the respective counties of the First Judicial District as follows:

(1) Cross County .................................................... Such amount as may be approved by the Quorum Court of Cross County, not to exceed one thousand dollars ($1,000) per annum; (2) Lee County ....................................................... Such amount as may be approved by the Quorum Court of Lee County, not to exceed one thousand dollars ($1,000) per annum; (3) Monroe County ................................................. Such amount as may be approved by the Quorum Court of Monroe County, not to exceed one thousand eight hundred dollars ($1,800) per annum; (4) Phillips County ................................................. Such amount as may be approved by the Quorum Court of Phillips County, not to exceed one thousand eight hundred dollars ($1,800) per annum; (5) St. Francis County .............................................. Such amount as may be approved by the Quorum Court of St. Francis County, not to exceed one thousand eight hundred dollars ($1,800) per annum; and (6) Woodruff County ............................................... Such amount as may be approved by the Quorum Court of Woodruff County, not to exceed one thousand four hundred dollars ($1,400) per annum.

(1) Cross County ....................................................

Such amount as may be approved by the Quorum Court of Cross County, not to exceed one thousand dollars ($1,000) per annum;

(2) Lee County .......................................................

Such amount as may be approved by the Quorum Court of Lee County, not to exceed one thousand dollars ($1,000) per annum;

(3) Monroe County .................................................

Such amount as may be approved by the Quorum Court of Monroe County, not to exceed one thousand eight hundred dollars ($1,800) per annum;

(4) Phillips County .................................................

Such amount as may be approved by the Quorum Court of Phillips County, not to exceed one thousand eight hundred dollars ($1,800) per annum;

(5) St. Francis County ..............................................

Such amount as may be approved by the Quorum Court of St. Francis County, not to exceed one thousand eight hundred dollars ($1,800) per annum; and

(6) Woodruff County ...............................................

Such amount as may be approved by the Quorum Court of Woodruff County, not to exceed one thousand four hundred dollars ($1,400) per annum.

Acts 1983, No. 249, § 1; A.S.A. 1947, § 24-114.12.
Ark. Code Ann. § 16-108-206 — AR Code / Title 16 / Chapter 108 / Subchapter 2 / Section 16-108-206
Validity of agreement to arbitrate
Status: in_force

(a) An agreement contained in a record to submit to arbitration any existing or subsequent controversy arising between the parties to the agreement is valid, enforceable, and irrevocable except upon a ground that exists at law or in equity for the revocation of a contract. (b) The court shall decide whether an agreement to arbitrate exists or a controversy is subject to an agreement to arbitrate. (c) An arbitrator shall decide whether a condition precedent to arbitrability has been fulfilled and whether a contract containing a valid agreement to arbitrate is enforceable. (d) If a party to a judicial proceeding challenges the existence of, or claims that a controversy is not subject to, an agreement to arbitrate, the arbitration proceeding may continue pending final resolution of the issue by the court, unless the court otherwise orders. Acts 1969, No. 260, § 1; 1981, No. 616, § 1; A.S.A. 1947, § 34-511; Acts 1993, No. 287, § 1; 2003, No. 1185, § 224; 2011, No. 695, § 1.

(a) An agreement contained in a record to submit to arbitration any existing or subsequent controversy arising between the parties to the agreement is valid, enforceable, and irrevocable except upon a ground that exists at law or in equity for the revocation of a contract.

(b) The court shall decide whether an agreement to arbitrate exists or a controversy is subject to an agreement to arbitrate.

(c) An arbitrator shall decide whether a condition precedent to arbitrability has been fulfilled and whether a contract containing a valid agreement to arbitrate is enforceable.

(d) If a party to a judicial proceeding challenges the existence of, or claims that a controversy is not subject to, an agreement to arbitrate, the arbitration proceeding may continue pending final resolution of the issue by the court, unless the court otherwise orders.

Acts 1969, No. 260, § 1; 1981, No. 616, § 1; A.S.A. 1947, § 34-511; Acts 1993, No. 287, § 1; 2003, No. 1185, § 224; 2011, No. 695, § 1.
Ark. Code Ann. § 16-66-213 — AR Code / Title 16 / Chapter 66 / Subchapter 2 / Section 16-66-213
Appraisal of property claimed as exempt
Status: in_force

(a) Upon application to the justice or clerk by the plaintiff in whose favor such execution, process, or attachment shall have been issued, the justice or clerk, as the case may be, shall forthwith appoint three (3) disinterested appraisers, to be summoned and sworn by the officer levying the attachment, execution, or process. (b) (1) The appraisers shall proceed at once to appraise the property claimed as exempt. (2) The appraisal signed by a majority of the appraisers shall be returned with the writ. (c) (1) If a majority of the appraisers decides that the full amount of the property described and claimed as exempted in the schedule is within the limit of valuation prescribed by the Constitution, then the officer levying the attachment or execution or enforcing other process, shall surrender the property to the defendant. The costs of the proceeding shall be paid by the plaintiff making application for the appraisal. (2) If the decision shall be that the property described exceeds in value the amount exempted by the Constitution, then the justice or the clerk shall revoke the supersedeas so far as concerns such items of the property described as the appraisers may designate as in excess of the amount of exemption provided for by the Constitution, and the costs of the proceeding shall be paid by the defendant in the action. (d) Either party shall have the right to appeal from the decision of the board of appraisers provided for in this section. If the board has been appointed by a justice of the peace, then the appeal shall be made to the circuit court of the county upon presentation of a duly certified transcript of the attachment, execution, or other process issued and of the decision of the appraisers. If the board has been appointed by the clerk of a court, then the appeal shall be made to the court by whose clerk the board was appointed. (e) The appraisers shall each receive as compensation for their services the sum of three dollars ($3.00) per day for each day's service rendered, not to exceed two (2) days. This amount is to be taxed in the costs of the proceeding. Acts 1871, No. 58, §§ 1, 2, 4, p. 285; 1877, No. 53, §§ 2-4, p. 53; C. & M. Dig., §§ 5552-5555, 5558; Pope's Dig., §§ 7191-7194, 7197; A.S.A. 1947, §§ 30-211 -- 30-214, 30-216.

(a) Upon application to the justice or clerk by the plaintiff in whose favor such execution, process, or attachment shall have been issued, the justice or clerk, as the case may be, shall forthwith appoint three (3) disinterested appraisers, to be summoned and sworn by the officer levying the attachment, execution, or process.

(b) (1) The appraisers shall proceed at once to appraise the property claimed as exempt. (2) The appraisal signed by a majority of the appraisers shall be returned with the writ.

(1) The appraisers shall proceed at once to appraise the property claimed as exempt.

(2) The appraisal signed by a majority of the appraisers shall be returned with the writ.

(c) (1) If a majority of the appraisers decides that the full amount of the property described and claimed as exempted in the schedule is within the limit of valuation prescribed by the Constitution, then the officer levying the attachment or execution or enforcing other process, shall surrender the property to the defendant. The costs of the proceeding shall be paid by the plaintiff making application for the appraisal. (2) If the decision shall be that the property described exceeds in value the amount exempted by the Constitution, then the justice or the clerk shall revoke the supersedeas so far as concerns such items of the property described as the appraisers may designate as in excess of the amount of exemption provided for by the Constitution, and the costs of the proceeding shall be paid by the defendant in the action.

(1) If a majority of the appraisers decides that the full amount of the property described and claimed as exempted in the schedule is within the limit of valuation prescribed by the Constitution, then the officer levying the attachment or execution or enforcing other process, shall surrender the property to the defendant. The costs of the proceeding shall be paid by the plaintiff making application for the appraisal.

(2) If the decision shall be that the property described exceeds in value the amount exempted by the Constitution, then the justice or the clerk shall revoke the supersedeas so far as concerns such items of the property described as the appraisers may designate as in excess of the amount of exemption provided for by the Constitution, and the costs of the proceeding shall be paid by the defendant in the action.

(d) Either party shall have the right to appeal from the decision of the board of appraisers provided for in this section. If the board has been appointed by a justice of the peace, then the appeal shall be made to the circuit court of the county upon presentation of a duly certified transcript of the attachment, execution, or other process issued and of the decision of the appraisers. If the board has been appointed by the clerk of a court, then the appeal shall be made to the court by whose clerk the board was appointed.

(e) The appraisers shall each receive as compensation for their services the sum of three dollars ($3.00) per day for each day's service rendered, not to exceed two (2) days. This amount is to be taxed in the costs of the proceeding.

Acts 1871, No. 58, §§ 1, 2, 4, p. 285; 1877, No. 53, §§ 2-4, p. 53; C. & M. Dig., §§ 5552-5555, 5558; Pope's Dig., §§ 7191-7194, 7197; A.S.A. 1947, §§ 30-211 -- 30-214, 30-216.
Ark. Code Ann. § 16-93-101 — AR Code / Title 16 / Chapter 93 / Subchapter 1 / Section 16-93-101
Definitions
Status: in_force

As used in this act: (1) "Case plan" means an individualized accountability and behavior change strategy for supervised individuals that: (A) Targets and prioritizes the specific criminal risk factors of the offender based upon his or her assessment results; (B) Matches the type and intensity of supervision and treatment conditions to the offender's level of risk, criminal risk factors, and individual characteristics, such as gender, culture, motivational stage, developmental stage, and learning style; (C) Establishes a timetable for achieving specific behavioral goals, including a schedule for payment of victim restitution, child support, and other financial obligations; and (D) Specifies positive and negative actions that will be taken in response to the supervised individual's behaviors; (2) "Community supervision" means a period of supervision of an offender in the community and includes without limitation probation, parole, and post-release supervision; (3) "Criminal risk factors" are characteristics and behaviors that affect a person's risk for committing crimes and may include without limitation the following risk and criminogenic need factors: (A) Antisocial personality; (B) Criminal thinking; (C) Criminal associates; (D) Dysfunctional family; (E) Low levels of employment or education; and (F) Substance abuse; (4) "Detriment to the community" means a person who has: (A) Demonstrated a pattern of behavior that indicates disregard for the safety and welfare of others; (B) Exhibited violence or repeated violent tendencies; (C) Has been convicted of a felony involving violence, as defined under § 5-4-501(d)(2) ; or (D) During the three (3) calendar years before the person's parole or post-release supervision hearing: (i) Demonstrated a documented lack of respect for authority towards law enforcement or prison officials while in the custody of the Division of Correction, the Division of Community Correction, or a law enforcement agency; or (ii) Accrued multiple disciplinary violations while in the custody of the Division of Correction, the Division of Community Correction, or a law enforcement agency, including at least one (1) disciplinary violation involving violence or sexual assault while in the custody of the Division of Correction, the Division of Community Correction, or a law enforcement agency; (5) "Evidence-based practices" means policies, procedures, programs, and practices proven by scientific research to reliably produce reductions in recidivism; (6) "Intermediate sanctions" means a nonprison accountability measure imposed on an offender in response to a violation of supervision conditions. Such measures may include without limitation: (A) The use of electronic supervision tools; (B) Drug and alcohol testing or monitoring; (C) Day or evening reporting; (D) Restitution; (E) Forfeiture of earned discharge credits; (F) Rehabilitative interventions such as substance abuse and mental health treatment; (G) Reporting requirements to community supervision officers; (H) Community service or community work project; (I) Secure or unsecure residential treatment facilities; and (J) Short-term, intermittent incarceration; (7) "Jacket review" means the review of the file of a transfer-eligible inmate located at any correctional facility in the state by an individual staff member or team of staff members of the Division of Community Correction for purposes of preparing the inmate's application for parole or post-release supervision consideration by the Post-Prison Transfer Board; (8) "Parole" means the release of the prisoner into the community by the board prior to the expiration of his or her term, subject to conditions imposed by the board and to the supervision of the Division of Community Correction. When a court or other authority has filed a warrant against the prisoner, the board may release him or her on parole to answer the warrant of the court or authority; (9) "Probation" means a procedure under which a defendant, found guilty upon verdict or plea, is released by the court without imprisonment, subject to conditions imposed by the court and subject to the supervision of the Division of Community Correction, but only if the supervision is requested in writing by the court; (10) "Recidivism" means the return to incarceration in a Division of Correction or Division of Community Correction community correctional facility other than a technical violator program within a three-year period; (11) "Risk needs assessment review" means an examination of the results of a validated risk-needs assessment; (12) "Serious conditions violation" means a violation of the conditions of community supervision that results from the offender's absenting himself or herself from supervision for a period of six (6) months or more or an arrest for a misdemeanor offense that does not involve: (A) An act involving a violent misdemeanor that provides the prosecuting attorney with the option to revoke the offender's community supervision, or allow the Division of Community Correction to utilize the sanctions provided under this chapter; (B) An offense for which a conviction would require the person to register as a sex offender under the Sex Offender Registration Act of 1997, § 12-12-901 et seq.; (C) A misdemeanor offense of harassment or stalking or that contains a threat of violence to a victim, or a threat of violence to a family member of the victim of the offense for which the defendant was placed on community supervision; (D) A misdemeanor offense of driving or boating while intoxicated, § 5-65-103 , when the offender on community supervision is currently being supervised for a felony offense of § 5-65-103 , § 5-10-104 , or § 5-10-105 , and the felony offense was alcohol-related or drug-related; or (E) Except for an offense under the Uniform Controlled Substances Act, § 5-64-101 et seq., a misdemeanor offense that is a lesser included offense or falls within the same chapter of the Arkansas Criminal Code of the offense for which the defendant was placed on community supervision; (13) "Technical conditions violation" means: (A) A violation of the conditions of an offender's community supervision that results from a noncriminal act or positive drug screen; or (B) The parolee's or probationer's absenting himself or herself from supervision for a period of less than six (6) months; (14) (A) "Treatment" means targeted interventions that focus on criminal risk factors in order to reduce the likelihood of criminal behavior. (B) Treatment options may include without limitation: (i) Community-based programs that are consistent with evidence-based practices; (ii) Cognitive behavioral programs; (iii) Inpatient and outpatient substance abuse and mental health programs; and (iv) Other available prevention and intervention programs that have been scientifically proven to reliably reduce recidivism; and (15) "Validated risk-needs assessment" means a determination of a person's risk to reoffend and the needs that, when addressed, reduce the risk to reoffend through the use of an actuarial assessment tool that assesses the dynamic and static factors that drive criminal behavior. Amended by Act 2023, No. 659,§ 149, eff. 1/1/2024. Amended by Act 2023, No. 659,§ 148, eff. 1/1/2024. Amended by Act 2023, No. 659,§ 147, eff. 1/1/2024. Amended by Act 2023, No. 659,§ 146, eff. 1/1/2024. Amended by Act 2023, No. 659,§ 145, eff. 1/1/2024. Amended by Act 2023, No. 659,§ 144, eff. 1/1/2024. Amended by Act 2021, No. 327,§ 1, eff. 7/28/2021. Amended by Act 2019, No. 910,§ 885, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 884, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 883, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 882, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 881, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 880, eff. 7/1/2019. Amended by Act 2017, No. 423,§ 16, eff. 10/1/2017. Amended by Act 2015, No. 895,§ 18, eff. 4/1/2015. Acts 1968 (1st Ex. Sess.), No. 50, § 23; A.S.A. 1947, § 43-2801; Acts 2005, No. 1994, § 286; 2011, No. 570, § 84.

As used in this act:

(1) "Case plan" means an individualized accountability and behavior change strategy for supervised individuals that: (A) Targets and prioritizes the specific criminal risk factors of the offender based upon his or her assessment results; (B) Matches the type and intensity of supervision and treatment conditions to the offender's level of risk, criminal risk factors, and individual characteristics, such as gender, culture, motivational stage, developmental stage, and learning style; (C) Establishes a timetable for achieving specific behavioral goals, including a schedule for payment of victim restitution, child support, and other financial obligations; and (D) Specifies positive and negative actions that will be taken in response to the supervised individual's behaviors;

(A) Targets and prioritizes the specific criminal risk factors of the offender based upon his or her assessment results;

(B) Matches the type and intensity of supervision and treatment conditions to the offender's level of risk, criminal risk factors, and individual characteristics, such as gender, culture, motivational stage, developmental stage, and learning style;

(C) Establishes a timetable for achieving specific behavioral goals, including a schedule for payment of victim restitution, child support, and other financial obligations; and

(D) Specifies positive and negative actions that will be taken in response to the supervised individual's behaviors;

(2) "Community supervision" means a period of supervision of an offender in the community and includes without limitation probation, parole, and post-release supervision;

(3) "Criminal risk factors" are characteristics and behaviors that affect a person's risk for committing crimes and may include without limitation the following risk and criminogenic need factors: (A) Antisocial personality; (B) Criminal thinking; (C) Criminal associates; (D) Dysfunctional family; (E) Low levels of employment or education; and (F) Substance abuse;

(A) Antisocial personality;

(B) Criminal thinking;

(C) Criminal associates;

(D) Dysfunctional family;

(E) Low levels of employment or education; and

(F) Substance abuse;

(4) "Detriment to the community" means a person who has: (A) Demonstrated a pattern of behavior that indicates disregard for the safety and welfare of others; (B) Exhibited violence or repeated violent tendencies; (C) Has been convicted of a felony involving violence, as defined under § 5-4-501(d)(2) ; or (D) During the three (3) calendar years before the person's parole or post-release supervision hearing: (i) Demonstrated a documented lack of respect for authority towards law enforcement or prison officials while in the custody of the Division of Correction, the Division of Community Correction, or a law enforcement agency; or (ii) Accrued multiple disciplinary violations while in the custody of the Division of Correction, the Division of Community Correction, or a law enforcement agency, including at least one (1) disciplinary violation involving violence or sexual assault while in the custody of the Division of Correction, the Division of Community Correction, or a law enforcement agency;

(A) Demonstrated a pattern of behavior that indicates disregard for the safety and welfare of others;

(B) Exhibited violence or repeated violent tendencies;

(C) Has been convicted of a felony involving violence, as defined under § 5-4-501(d)(2) ; or

(D) During the three (3) calendar years before the person's parole or post-release supervision hearing: (i) Demonstrated a documented lack of respect for authority towards law enforcement or prison officials while in the custody of the Division of Correction, the Division of Community Correction, or a law enforcement agency; or (ii) Accrued multiple disciplinary violations while in the custody of the Division of Correction, the Division of Community Correction, or a law enforcement agency, including at least one (1) disciplinary violation involving violence or sexual assault while in the custody of the Division of Correction, the Division of Community Correction, or a law enforcement agency;

(i) Demonstrated a documented lack of respect for authority towards law enforcement or prison officials while in the custody of the Division of Correction, the Division of Community Correction, or a law enforcement agency; or

(ii) Accrued multiple disciplinary violations while in the custody of the Division of Correction, the Division of Community Correction, or a law enforcement agency, including at least one (1) disciplinary violation involving violence or sexual assault while in the custody of the Division of Correction, the Division of Community Correction, or a law enforcement agency;

(5) "Evidence-based practices" means policies, procedures, programs, and practices proven by scientific research to reliably produce reductions in recidivism;

(6) "Intermediate sanctions" means a nonprison accountability measure imposed on an offender in response to a violation of supervision conditions. Such measures may include without limitation: (A) The use of electronic supervision tools; (B) Drug and alcohol testing or monitoring; (C) Day or evening reporting; (D) Restitution; (E) Forfeiture of earned discharge credits; (F) Rehabilitative interventions such as substance abuse and mental health treatment; (G) Reporting requirements to community supervision officers; (H) Community service or community work project; (I) Secure or unsecure residential treatment facilities; and (J) Short-term, intermittent incarceration;

(A) The use of electronic supervision tools;

(B) Drug and alcohol testing or monitoring;

(C) Day or evening reporting;

(D) Restitution;

(E) Forfeiture of earned discharge credits;

(F) Rehabilitative interventions such as substance abuse and mental health treatment;

(G) Reporting requirements to community supervision officers;

(H) Community service or community work project;

(I) Secure or unsecure residential treatment facilities; and

(J) Short-term, intermittent incarceration;

(7) "Jacket review" means the review of the file of a transfer-eligible inmate located at any correctional facility in the state by an individual staff member or team of staff members of the Division of Community Correction for purposes of preparing the inmate's application for parole or post-release supervision consideration by the Post-Prison Transfer Board;

(8) "Parole" means the release of the prisoner into the community by the board prior to the expiration of his or her term, subject to conditions imposed by the board and to the supervision of the Division of Community Correction. When a court or other authority has filed a warrant against the prisoner, the board may release him or her on parole to answer the warrant of the court or authority;

(9) "Probation" means a procedure under which a defendant, found guilty upon verdict or plea, is released by the court without imprisonment, subject to conditions imposed by the court and subject to the supervision of the Division of Community Correction, but only if the supervision is requested in writing by the court;

(10) "Recidivism" means the return to incarceration in a Division of Correction or Division of Community Correction community correctional facility other than a technical violator program within a three-year period;

(11) "Risk needs assessment review" means an examination of the results of a validated risk-needs assessment;

(12) "Serious conditions violation" means a violation of the conditions of community supervision that results from the offender's absenting himself or herself from supervision for a period of six (6) months or more or an arrest for a misdemeanor offense that does not involve: (A) An act involving a violent misdemeanor that provides the prosecuting attorney with the option to revoke the offender's community supervision, or allow the Division of Community Correction to utilize the sanctions provided under this chapter; (B) An offense for which a conviction would require the person to register as a sex offender under the Sex Offender Registration Act of 1997, § 12-12-901 et seq.; (C) A misdemeanor offense of harassment or stalking or that contains a threat of violence to a victim, or a threat of violence to a family member of the victim of the offense for which the defendant was placed on community supervision; (D) A misdemeanor offense of driving or boating while intoxicated, § 5-65-103 , when the offender on community supervision is currently being supervised for a felony offense of § 5-65-103 , § 5-10-104 , or § 5-10-105 , and the felony offense was alcohol-related or drug-related; or (E) Except for an offense under the Uniform Controlled Substances Act, § 5-64-101 et seq., a misdemeanor offense that is a lesser included offense or falls within the same chapter of the Arkansas Criminal Code of the offense for which the defendant was placed on community supervision;

(A) An act involving a violent misdemeanor that provides the prosecuting attorney with the option to revoke the offender's community supervision, or allow the Division of Community Correction to utilize the sanctions provided under this chapter;

(B) An offense for which a conviction would require the person to register as a sex offender under the Sex Offender Registration Act of 1997, § 12-12-901 et seq.;

(C) A misdemeanor offense of harassment or stalking or that contains a threat of violence to a victim, or a threat of violence to a family member of the victim of the offense for which the defendant was placed on community supervision;

(D) A misdemeanor offense of driving or boating while intoxicated, § 5-65-103 , when the offender on community supervision is currently being supervised for a felony offense of § 5-65-103 , § 5-10-104 , or § 5-10-105 , and the felony offense was alcohol-related or drug-related; or

(E) Except for an offense under the Uniform Controlled Substances Act, § 5-64-101 et seq., a misdemeanor offense that is a lesser included offense or falls within the same chapter of the Arkansas Criminal Code of the offense for which the defendant was placed on community supervision;

(13) "Technical conditions violation" means: (A) A violation of the conditions of an offender's community supervision that results from a noncriminal act or positive drug screen; or (B) The parolee's or probationer's absenting himself or herself from supervision for a period of less than six (6) months;

(A) A violation of the conditions of an offender's community supervision that results from a noncriminal act or positive drug screen; or

(B) The parolee's or probationer's absenting himself or herself from supervision for a period of less than six (6) months;

(14) (A) "Treatment" means targeted interventions that focus on criminal risk factors in order to reduce the likelihood of criminal behavior. (B) Treatment options may include without limitation: (i) Community-based programs that are consistent with evidence-based practices; (ii) Cognitive behavioral programs; (iii) Inpatient and outpatient substance abuse and mental health programs; and (iv) Other available prevention and intervention programs that have been scientifically proven to reliably reduce recidivism; and

(A) "Treatment" means targeted interventions that focus on criminal risk factors in order to reduce the likelihood of criminal behavior.

(B) Treatment options may include without limitation: (i) Community-based programs that are consistent with evidence-based practices; (ii) Cognitive behavioral programs; (iii) Inpatient and outpatient substance abuse and mental health programs; and (iv) Other available prevention and intervention programs that have been scientifically proven to reliably reduce recidivism; and

(i) Community-based programs that are consistent with evidence-based practices;

(ii) Cognitive behavioral programs;

(iii) Inpatient and outpatient substance abuse and mental health programs; and

(iv) Other available prevention and intervention programs that have been scientifically proven to reliably reduce recidivism; and

(15) "Validated risk-needs assessment" means a determination of a person's risk to reoffend and the needs that, when addressed, reduce the risk to reoffend through the use of an actuarial assessment tool that assesses the dynamic and static factors that drive criminal behavior.

Amended by Act 2023, No. 659,§ 149, eff. 1/1/2024.

Amended by Act 2023, No. 659,§ 148, eff. 1/1/2024.

Amended by Act 2023, No. 659,§ 147, eff. 1/1/2024.

Amended by Act 2023, No. 659,§ 146, eff. 1/1/2024.

Amended by Act 2023, No. 659,§ 145, eff. 1/1/2024.

Amended by Act 2023, No. 659,§ 144, eff. 1/1/2024.

Amended by Act 2021, No. 327,§ 1, eff. 7/28/2021.

Amended by Act 2019, No. 910,§ 885, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 884, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 883, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 882, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 881, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 880, eff. 7/1/2019.

Amended by Act 2017, No. 423,§ 16, eff. 10/1/2017.

Amended by Act 2015, No. 895,§ 18, eff. 4/1/2015.

Acts 1968 (1st Ex. Sess.), No. 50, § 23; A.S.A. 1947, § 43-2801; Acts 2005, No. 1994, § 286; 2011, No. 570, § 84.
Ark. Code Ann. § 16-106-111 — AR Code / Title 16 / Chapter 106 / Subchapter 1 / Section 16-106-111
Exception to judicial immunity - Definitions
Status: in_force

(a) The General Assembly finds that: (1) The common law doctrine of judicial immunity from civil suit has been accepted by the courts under Peterson v. Judges of Jefferson County Circuit Court, 2014 Ark. 228 (per curiam) and Pierson v. Ray, 386 U.S. 547 (1967), and is state law; and (2) An exception to this blanket grant of judicial immunity is necessary to protect the public from certain criminal and unethical acts committed by judges and justices. (b) A person who has had an adverse decision against him or her in a court in this state may file a claim in the circuit court with jurisdiction against a judge or justice who made the adverse decision in the judge or justice's individual capacity if the judge or justice: (1) Made or influenced the adverse decision as a result of bribery; (2) Has been found guilty of, or pleaded guilty to, nolo contendere to, or the equivalent of nolo contendere to, a criminal offense for conduct constituting bribery in any state or federal court; and (3) The bribery conviction described in subdivision (b)(2) of this section resulted from the conduct described in subdivision (b)(1) of this section. (c) A person is entitled to the following remedies if he or she prevails on a claim under subsection (b) of this section: (1) Costs; (2) Damages, including without limitation punitive damages; and (3) Attorney's fees. (d) A prosecuting attorney may bring a cause of action under this section, and may, in his or her discretion, use any proceeds recovered in the proceeding to: (1) Cover the prosecuting attorney's costs of the proceeding in which the adverse decision described in subsection (b) of this section occurred; (2) Give to the victim or the estate of the victim of the crime that the prosecuting attorney was prosecuting in the proceeding in which the adverse decision described in subsection (b) under this section occurred; (3) Donate to a nonprofit victims' rights advocacy group; or (4) Donate to the State Treasury. (e) The statute of limitations for a cause of action under this section: (1) Is three (3) years; and (2) Begins to run the day the judge or justice is found guilty of, or pleads guilty to, nolo contendere to, or the equivalent of nolo contendere to, a criminal offense for conduct constituting bribery in any state or federal court. (f) (1) If a cause of action is timely filed under this section and the judge or justice is deceased at the time of the filing or dies during the pendency of the cause of action, the person or the estate of the person filing the cause of action may proceed against the estate of the judge or justice. (2) The estate of a person may proceed with a cause of action under this section against a judge, justice, or the estate of the judge or justice, if the person dies before the cause of action accrues or during the pendency of the action. (g) As used in this section: (1) "Adverse decision" means a ruling in which a judge's or justice's order differs from the relief or request sought by a litigant on a motion or objection in a civil or criminal matter; (2) "Bribery" means giving, offering, accepting, or agreeing to accept money or any other benefit, pecuniary or otherwise, for the purpose of affecting the outcome of a court proceeding or decision; and (3) "Person" means any individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, government, governmental subdivision, agency, or instrumentality, public corporation, or any other legal or commercial entity. Added by Act 2017, No. 430,§ 1, eff. 8/1/2017.

(a) The General Assembly finds that: (1) The common law doctrine of judicial immunity from civil suit has been accepted by the courts under Peterson v. Judges of Jefferson County Circuit Court, 2014 Ark. 228 (per curiam) and Pierson v. Ray, 386 U.S. 547 (1967), and is state law; and (2) An exception to this blanket grant of judicial immunity is necessary to protect the public from certain criminal and unethical acts committed by judges and justices.

(1) The common law doctrine of judicial immunity from civil suit has been accepted by the courts under Peterson v. Judges of Jefferson County Circuit Court, 2014 Ark. 228 (per curiam) and Pierson v. Ray, 386 U.S. 547 (1967), and is state law; and

(2) An exception to this blanket grant of judicial immunity is necessary to protect the public from certain criminal and unethical acts committed by judges and justices.

(b) A person who has had an adverse decision against him or her in a court in this state may file a claim in the circuit court with jurisdiction against a judge or justice who made the adverse decision in the judge or justice's individual capacity if the judge or justice: (1) Made or influenced the adverse decision as a result of bribery; (2) Has been found guilty of, or pleaded guilty to, nolo contendere to, or the equivalent of nolo contendere to, a criminal offense for conduct constituting bribery in any state or federal court; and (3) The bribery conviction described in subdivision (b)(2) of this section resulted from the conduct described in subdivision (b)(1) of this section.

(1) Made or influenced the adverse decision as a result of bribery;

(2) Has been found guilty of, or pleaded guilty to, nolo contendere to, or the equivalent of nolo contendere to, a criminal offense for conduct constituting bribery in any state or federal court; and

(3) The bribery conviction described in subdivision (b)(2) of this section resulted from the conduct described in subdivision (b)(1) of this section.

(c) A person is entitled to the following remedies if he or she prevails on a claim under subsection (b) of this section: (1) Costs; (2) Damages, including without limitation punitive damages; and (3) Attorney's fees.

(1) Costs;

(2) Damages, including without limitation punitive damages; and

(3) Attorney's fees.

(d) A prosecuting attorney may bring a cause of action under this section, and may, in his or her discretion, use any proceeds recovered in the proceeding to: (1) Cover the prosecuting attorney's costs of the proceeding in which the adverse decision described in subsection (b) of this section occurred; (2) Give to the victim or the estate of the victim of the crime that the prosecuting attorney was prosecuting in the proceeding in which the adverse decision described in subsection (b) under this section occurred; (3) Donate to a nonprofit victims' rights advocacy group; or (4) Donate to the State Treasury.

(1) Cover the prosecuting attorney's costs of the proceeding in which the adverse decision described in subsection (b) of this section occurred;

(2) Give to the victim or the estate of the victim of the crime that the prosecuting attorney was prosecuting in the proceeding in which the adverse decision described in subsection (b) under this section occurred;

(3) Donate to a nonprofit victims' rights advocacy group; or

(4) Donate to the State Treasury.

(e) The statute of limitations for a cause of action under this section: (1) Is three (3) years; and (2) Begins to run the day the judge or justice is found guilty of, or pleads guilty to, nolo contendere to, or the equivalent of nolo contendere to, a criminal offense for conduct constituting bribery in any state or federal court.

(1) Is three (3) years; and

(2) Begins to run the day the judge or justice is found guilty of, or pleads guilty to, nolo contendere to, or the equivalent of nolo contendere to, a criminal offense for conduct constituting bribery in any state or federal court.

(f) (1) If a cause of action is timely filed under this section and the judge or justice is deceased at the time of the filing or dies during the pendency of the cause of action, the person or the estate of the person filing the cause of action may proceed against the estate of the judge or justice. (2) The estate of a person may proceed with a cause of action under this section against a judge, justice, or the estate of the judge or justice, if the person dies before the cause of action accrues or during the pendency of the action.

(1) If a cause of action is timely filed under this section and the judge or justice is deceased at the time of the filing or dies during the pendency of the cause of action, the person or the estate of the person filing the cause of action may proceed against the estate of the judge or justice.

(2) The estate of a person may proceed with a cause of action under this section against a judge, justice, or the estate of the judge or justice, if the person dies before the cause of action accrues or during the pendency of the action.

(g) As used in this section: (1) "Adverse decision" means a ruling in which a judge's or justice's order differs from the relief or request sought by a litigant on a motion or objection in a civil or criminal matter; (2) "Bribery" means giving, offering, accepting, or agreeing to accept money or any other benefit, pecuniary or otherwise, for the purpose of affecting the outcome of a court proceeding or decision; and (3) "Person" means any individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, government, governmental subdivision, agency, or instrumentality, public corporation, or any other legal or commercial entity.

(1) "Adverse decision" means a ruling in which a judge's or justice's order differs from the relief or request sought by a litigant on a motion or objection in a civil or criminal matter;

(2) "Bribery" means giving, offering, accepting, or agreeing to accept money or any other benefit, pecuniary or otherwise, for the purpose of affecting the outcome of a court proceeding or decision; and

(3) "Person" means any individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, government, governmental subdivision, agency, or instrumentality, public corporation, or any other legal or commercial entity.

Added by Act 2017, No. 430,§ 1, eff. 8/1/2017.
Ark. Code Ann. § 16-10-1104 — AR Code / Title 16 / Chapter 10 / Subchapter 11 / Section 16-10-1104
Appointment of interpreter
Status: in_force

(a) The Administrative Office of the Courts shall compile, maintain, and disseminate a certified registry of qualified interpreters for the courts. (b) When an interpreter is requested or when the court determines that a party to or a witness in a court proceeding has limited English proficiency, a qualified interpreter shall be appointed under procedures adopted by the Supreme Court. (c) An attorney, a clerk of court, employee or officer of a law enforcement agency, or a party to or a witness in a court proceeding shall notify the court as soon as the need for an interpreter is identified. (d) If a qualified interpreter is not available through the office's registry, the court may appoint an interpreter qualified under procedures adopted by the court, and the interpreter shall take the oath under § 16-10-1105 . Added by Act 2013, No. 237,§ 2, eff. 8/16/2013.

(a) The Administrative Office of the Courts shall compile, maintain, and disseminate a certified registry of qualified interpreters for the courts.

(b) When an interpreter is requested or when the court determines that a party to or a witness in a court proceeding has limited English proficiency, a qualified interpreter shall be appointed under procedures adopted by the Supreme Court.

(c) An attorney, a clerk of court, employee or officer of a law enforcement agency, or a party to or a witness in a court proceeding shall notify the court as soon as the need for an interpreter is identified.

(d) If a qualified interpreter is not available through the office's registry, the court may appoint an interpreter qualified under procedures adopted by the court, and the interpreter shall take the oath under § 16-10-1105 .

Added by Act 2013, No. 237,§ 2, eff. 8/16/2013.
Ark. Code Ann. § 16-100-101 — AR Code / Title 16 / Chapter 100 / Subchapter 1 / Section 16-100-101
Definitions
Status: in_force

As used in this chapter: (1) "Evidence-based practices" means supervision, policies, procedures, and practices proven through research to reduce recidivism; (2) "Mental illness" means a condition of a person who has or has had in the past a diagnosable mental, behavioral, or emotional disorder of sufficient duration to meet diagnostic criteria specified by the Diagnostic and Statistical Manual of Mental Disorders as it existed on January 1, 2017, that has resulted in functional impairment that substantially interferes with or limits one (1) or more major life activities; and (3) "Validated risk-needs assessment" means a determination of a person's risk of reoffending and the needs that, when addressed, reduce the risk of reoffending through the use of an actuarial assessment tool that assesses the dynamic and static factors that drive criminal behavior. Added by Act 2017, No. 506,§ 1, eff. 8/1/2017.

As used in this chapter:

(1) "Evidence-based practices" means supervision, policies, procedures, and practices proven through research to reduce recidivism;

(2) "Mental illness" means a condition of a person who has or has had in the past a diagnosable mental, behavioral, or emotional disorder of sufficient duration to meet diagnostic criteria specified by the Diagnostic and Statistical Manual of Mental Disorders as it existed on January 1, 2017, that has resulted in functional impairment that substantially interferes with or limits one (1) or more major life activities; and

(3) "Validated risk-needs assessment" means a determination of a person's risk of reoffending and the needs that, when addressed, reduce the risk of reoffending through the use of an actuarial assessment tool that assesses the dynamic and static factors that drive criminal behavior.

Added by Act 2017, No. 506,§ 1, eff. 8/1/2017.
Ark. Code Ann. § 16-19-1105 — AR Code / Title 16 / Chapter 19 / Subchapter 11 / Section 16-19-1105
[Repealed]
Status: repealed

Repealed by Act 2021, No. 475,§ 15, eff. 7/28/2021. Acts 1873, No. 135, §§ 102, 113, p. 430; C. & M. Dig., §§ 6518, 6529; Pope's Dig., §§ 8480, 8491; A.S.A. 1947, §§ 26-1308, 26-1319.

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

Acts 1873, No. 135, §§ 102, 113, p. 430; C. & M. Dig., §§ 6518, 6529; Pope's Dig., §§ 8480, 8491; A.S.A. 1947, §§ 26-1308, 26-1319.
Ark. Code Ann. § 16-86-105 — AR Code / Title 16 / Chapter 86 / Section 16-86-105
Examination and observation - Costs
Status: in_force

(a) (1) The cost of examination other than by examiners retained by the defendant shall be borne by the state. (2) Room and board costs shall also be borne by the state so long as the Arkansas State Hospital has actual physical custody of the defendant for the evaluation, observation, or treatment of the defendant. (b) (1) However, whenever an evaluation of the defendant has been completed, the county from which the defendant is sent for evaluation, within two (2) working days, shall procure the defendant from the Arkansas State Hospital. (2) Should the county fail to procure the defendant within this two-day period, the county shall bear all room and board costs on the third and subsequent days. Acts 1971, No. 433, ch. 6, § 7; 1973, No. 95, § 1; 1983, No. 191, § 1; A.S.A. 1947, § 43-1301; Acts 2001, No. 1551, § 5.

(a) (1) The cost of examination other than by examiners retained by the defendant shall be borne by the state. (2) Room and board costs shall also be borne by the state so long as the Arkansas State Hospital has actual physical custody of the defendant for the evaluation, observation, or treatment of the defendant.

(1) The cost of examination other than by examiners retained by the defendant shall be borne by the state.

(2) Room and board costs shall also be borne by the state so long as the Arkansas State Hospital has actual physical custody of the defendant for the evaluation, observation, or treatment of the defendant.

(b) (1) However, whenever an evaluation of the defendant has been completed, the county from which the defendant is sent for evaluation, within two (2) working days, shall procure the defendant from the Arkansas State Hospital. (2) Should the county fail to procure the defendant within this two-day period, the county shall bear all room and board costs on the third and subsequent days.

(1) However, whenever an evaluation of the defendant has been completed, the county from which the defendant is sent for evaluation, within two (2) working days, shall procure the defendant from the Arkansas State Hospital.

(2) Should the county fail to procure the defendant within this two-day period, the county shall bear all room and board costs on the third and subsequent days.

Acts 1971, No. 433, ch. 6, § 7; 1973, No. 95, § 1; 1983, No. 191, § 1; A.S.A. 1947, § 43-1301; Acts 2001, No. 1551, § 5.
Ark. Code Ann. § 16-110-112 — AR Code / Title 16 / Chapter 110 / Subchapter 1 / Section 16-110-112
Attachment of funds in court
Status: in_force

(a) Where the property to be attached is a fund in court, the execution of the order of attachment shall be made by leaving with the clerk of the court a copy thereof, with a notice specifying the fund. (b) Where several orders of attachment are executed upon the fund on the same day, they shall be satisfied out of it ratably. Civil Code, § 230; C. & M. Dig., § 510; Pope's Dig., § 547; A.S.A. 1947, § 31-118.

(a) Where the property to be attached is a fund in court, the execution of the order of attachment shall be made by leaving with the clerk of the court a copy thereof, with a notice specifying the fund.

(b) Where several orders of attachment are executed upon the fund on the same day, they shall be satisfied out of it ratably.

Civil Code, § 230; C. & M. Dig., § 510; Pope's Dig., § 547; A.S.A. 1947, § 31-118.
Ark. Code Ann. § 16-15-104 — AR Code / Title 16 / Chapter 15 / Section 16-15-104
Adjournment - Recess
Status: in_force

There shall be no adjournments of county courts, but the county courts shall be deemed in recess when not engaged in the transaction of business. Acts 1963, No. 214, § 3; A.S.A. 1947, § 22-603.2.

There shall be no adjournments of county courts, but the county courts shall be deemed in recess when not engaged in the transaction of business.

Acts 1963, No. 214, § 3; A.S.A. 1947, § 22-603.2.
Ark. Code Ann. § 16-93-1807 — AR Code / Title 16 / Chapter 93 / Subchapter 18 / Section 16-93-1807
Risk and needs assessment to be considered - Release without a hearing
Status: in_force

(a) (1) A risk and needs assessment that evaluates and quantifies the inmate's risk to reoffend following release shall inform the transfer determination, along with other relevant information. (2) If transfer to post-release supervision is granted, the risk and needs assessment under this section and other relevant information shall be used to set the conditions for post-release supervision. (b) (1) Review of an inmate's appropriateness for transfer to post-release supervision is based on rules and policies adopted by the Post-Prison Transfer Board and the board shall conduct a risk and needs assessment review as a part of the review of the inmate's appropriateness for transfer to post-release supervision. (2) The rules and policies adopted by the board under subdivision (b)(1) of this section shall include without limitation: (A) A provision for notification of the victim or his or her next of kin that a hearing shall be held under this section; (B) A requirement for keeping a record of the proceedings; and (C) A list of the criteria upon which a denial may be based. (c) In order to prepare applications for post-release supervision transfer consideration, the board shall: (1) Begin transfer proceedings for post-release supervision or a preliminary review for post-release supervision under this subchapter no later than six (6) months before an inmate's post-release supervision transfer eligibility date; and (2) Authorize procedures for jacket review, as defined in § 16-93-101 , no later than six (6) months before an inmate's post-release supervision transfer eligibility. (d) The transfer review for post-release supervision may be conducted without a hearing when: (1) The inmate has not received a major disciplinary report; (2) There has not been a request by a victim or his or her next of kin to have input on post-release supervision transfer conditions; and (3) There is no indication in the risk and needs assessment review under this section that special conditions need to be placed on the inmate. Added by Act 2023, No. 659,§ 2, eff. 1/1/2024.

(a) (1) A risk and needs assessment that evaluates and quantifies the inmate's risk to reoffend following release shall inform the transfer determination, along with other relevant information. (2) If transfer to post-release supervision is granted, the risk and needs assessment under this section and other relevant information shall be used to set the conditions for post-release supervision.

(1) A risk and needs assessment that evaluates and quantifies the inmate's risk to reoffend following release shall inform the transfer determination, along with other relevant information.

(2) If transfer to post-release supervision is granted, the risk and needs assessment under this section and other relevant information shall be used to set the conditions for post-release supervision.

(b) (1) Review of an inmate's appropriateness for transfer to post-release supervision is based on rules and policies adopted by the Post-Prison Transfer Board and the board shall conduct a risk and needs assessment review as a part of the review of the inmate's appropriateness for transfer to post-release supervision. (2) The rules and policies adopted by the board under subdivision (b)(1) of this section shall include without limitation: (A) A provision for notification of the victim or his or her next of kin that a hearing shall be held under this section; (B) A requirement for keeping a record of the proceedings; and (C) A list of the criteria upon which a denial may be based.

(1) Review of an inmate's appropriateness for transfer to post-release supervision is based on rules and policies adopted by the Post-Prison Transfer Board and the board shall conduct a risk and needs assessment review as a part of the review of the inmate's appropriateness for transfer to post-release supervision.

(2) The rules and policies adopted by the board under subdivision (b)(1) of this section shall include without limitation: (A) A provision for notification of the victim or his or her next of kin that a hearing shall be held under this section; (B) A requirement for keeping a record of the proceedings; and (C) A list of the criteria upon which a denial may be based.

(A) A provision for notification of the victim or his or her next of kin that a hearing shall be held under this section;

(B) A requirement for keeping a record of the proceedings; and

(C) A list of the criteria upon which a denial may be based.

(c) In order to prepare applications for post-release supervision transfer consideration, the board shall: (1) Begin transfer proceedings for post-release supervision or a preliminary review for post-release supervision under this subchapter no later than six (6) months before an inmate's post-release supervision transfer eligibility date; and (2) Authorize procedures for jacket review, as defined in § 16-93-101 , no later than six (6) months before an inmate's post-release supervision transfer eligibility.

(1) Begin transfer proceedings for post-release supervision or a preliminary review for post-release supervision under this subchapter no later than six (6) months before an inmate's post-release supervision transfer eligibility date; and

(2) Authorize procedures for jacket review, as defined in § 16-93-101 , no later than six (6) months before an inmate's post-release supervision transfer eligibility.

(d) The transfer review for post-release supervision may be conducted without a hearing when: (1) The inmate has not received a major disciplinary report; (2) There has not been a request by a victim or his or her next of kin to have input on post-release supervision transfer conditions; and (3) There is no indication in the risk and needs assessment review under this section that special conditions need to be placed on the inmate.

(1) The inmate has not received a major disciplinary report;

(2) There has not been a request by a victim or his or her next of kin to have input on post-release supervision transfer conditions; and

(3) There is no indication in the risk and needs assessment review under this section that special conditions need to be placed on the inmate.

Added by Act 2023, No. 659,§ 2, eff. 1/1/2024.
Ark. Code Ann. § 16-12-201 — AR Code / Title 16 / Chapter 12 / Subchapter 2 / Section 16-12-201
Court of Appeals - Districts
Status: in_force

The State of Arkansas is divided into the following seven (7) districts for the election of judges to the Court of Appeals: (1) District 1 shall be composed of Clay, Craighead, Crittenden, Cross, Greene, Lonoke, Mississippi, Monroe, Poinsett, Prairie, White, and Woodruff counties; (2) District 2 shall be composed of Baxter, Boone, Cleburne, Conway, Faulkner, Fulton, Independence, Izard, Jackson, Lawrence, Marion, Newton, Pope, Randolph, Searcy, Sharp, Stone, and Van Buren counties; (3) District 3 shall be composed of Benton, Carroll, Crawford, Franklin, Johnson, Madison, and Washington counties; (4) District 4 shall be composed of Clark, Garland, Hempstead, Hot Spring, Howard, Little River, Logan, Miller, Montgomery, Pike, Polk, Scott, Sebastian, Sevier, and Yell counties; (5) District 5 shall be composed of Ashley, Bradley, Calhoun, Cleveland, Columbia, Dallas, Drew, Grant, Lafayette, Lincoln, Nevada, Ouachita, and Union counties; (6) District 6 shall be composed of Pulaski, Perry, and Saline counties; and (7) District 7 shall be composed of Arkansas, Chicot, Desha, Jefferson, Lee, Phillips, and St. Francis counties. Acts 2003, No. 1812, § 2.

The State of Arkansas is divided into the following seven (7) districts for the election of judges to the Court of Appeals:

(1) District 1 shall be composed of Clay, Craighead, Crittenden, Cross, Greene, Lonoke, Mississippi, Monroe, Poinsett, Prairie, White, and Woodruff counties;

(2) District 2 shall be composed of Baxter, Boone, Cleburne, Conway, Faulkner, Fulton, Independence, Izard, Jackson, Lawrence, Marion, Newton, Pope, Randolph, Searcy, Sharp, Stone, and Van Buren counties;

(3) District 3 shall be composed of Benton, Carroll, Crawford, Franklin, Johnson, Madison, and Washington counties;

(4) District 4 shall be composed of Clark, Garland, Hempstead, Hot Spring, Howard, Little River, Logan, Miller, Montgomery, Pike, Polk, Scott, Sebastian, Sevier, and Yell counties;

(5) District 5 shall be composed of Ashley, Bradley, Calhoun, Cleveland, Columbia, Dallas, Drew, Grant, Lafayette, Lincoln, Nevada, Ouachita, and Union counties;

(6) District 6 shall be composed of Pulaski, Perry, and Saline counties; and

(7) District 7 shall be composed of Arkansas, Chicot, Desha, Jefferson, Lee, Phillips, and St. Francis counties.

Acts 2003, No. 1812, § 2.
Ark. Code Ann. § 16-84-114 — AR Code / Title 16 / Chapter 84 / Subchapter 1 / Section 16-84-114
Surrender of defendant
Status: in_force

(a) (1) At any time before the forfeiture of their bond, the surety may surrender the defendant or the defendant may surrender himself or herself to the jailer of the county in which the offense was committed. (2) However, the surrender must be accompanied by a certified copy of the bail bond to be delivered to the jailer, who must detain the defendant in custody thereon as upon a commitment and give a written acknowledgment of the surrender. (3) The surety shall thereupon be exonerated. (b) (1) For the purpose of surrendering the defendant, the surety may obtain from the officer having in his or her custody the bail bond or recognizance a certified copy thereof, and thereupon at any place in the state may arrest the defendant. (2) No person other than an Arkansas-licensed bail bond agent, an Arkansas-licensed private investigator, a certified law enforcement officer, or a person acting under the direct supervision of an Arkansas-licensed bail bond agent shall be authorized to apprehend, detain, or arrest a defendant on a bail bond, wherever issued, unless that person is licensed as a bail bond agent by the state where the bail bond was written. (3) No person shall represent himself or herself to be a bail enforcement agent, bounty hunter, or similar title in this state. (4) Any bail bond agent attempting to apprehend a defendant shall notify the local law enforcement agency or agencies of his or her presence and provide the local law enforcement agency or agencies with the defendant's name, charges, and suspected location. (5) Any person who violates any provision of this section shall be guilty of a Class D felony. (c) The surety may arrest the defendant without the certified copy. (d) If the surety has good cause for surrendering the defendant and has complied with the provisions of this section in surrendering the defendant, there shall be no requirement that the surety return part or all of the premium paid for the bail bond. Acts 1989, No. 417, § 5; 1995, No. 593, § 1; 1999, No. 1445, § 1; 2001, No. 1387, § 2.

(a) (1) At any time before the forfeiture of their bond, the surety may surrender the defendant or the defendant may surrender himself or herself to the jailer of the county in which the offense was committed. (2) However, the surrender must be accompanied by a certified copy of the bail bond to be delivered to the jailer, who must detain the defendant in custody thereon as upon a commitment and give a written acknowledgment of the surrender. (3) The surety shall thereupon be exonerated.

(1) At any time before the forfeiture of their bond, the surety may surrender the defendant or the defendant may surrender himself or herself to the jailer of the county in which the offense was committed.

(2) However, the surrender must be accompanied by a certified copy of the bail bond to be delivered to the jailer, who must detain the defendant in custody thereon as upon a commitment and give a written acknowledgment of the surrender.

(3) The surety shall thereupon be exonerated.

(b) (1) For the purpose of surrendering the defendant, the surety may obtain from the officer having in his or her custody the bail bond or recognizance a certified copy thereof, and thereupon at any place in the state may arrest the defendant. (2) No person other than an Arkansas-licensed bail bond agent, an Arkansas-licensed private investigator, a certified law enforcement officer, or a person acting under the direct supervision of an Arkansas-licensed bail bond agent shall be authorized to apprehend, detain, or arrest a defendant on a bail bond, wherever issued, unless that person is licensed as a bail bond agent by the state where the bail bond was written. (3) No person shall represent himself or herself to be a bail enforcement agent, bounty hunter, or similar title in this state. (4) Any bail bond agent attempting to apprehend a defendant shall notify the local law enforcement agency or agencies of his or her presence and provide the local law enforcement agency or agencies with the defendant's name, charges, and suspected location. (5) Any person who violates any provision of this section shall be guilty of a Class D felony.

(1) For the purpose of surrendering the defendant, the surety may obtain from the officer having in his or her custody the bail bond or recognizance a certified copy thereof, and thereupon at any place in the state may arrest the defendant.

(2) No person other than an Arkansas-licensed bail bond agent, an Arkansas-licensed private investigator, a certified law enforcement officer, or a person acting under the direct supervision of an Arkansas-licensed bail bond agent shall be authorized to apprehend, detain, or arrest a defendant on a bail bond, wherever issued, unless that person is licensed as a bail bond agent by the state where the bail bond was written.

(3) No person shall represent himself or herself to be a bail enforcement agent, bounty hunter, or similar title in this state.

(4) Any bail bond agent attempting to apprehend a defendant shall notify the local law enforcement agency or agencies of his or her presence and provide the local law enforcement agency or agencies with the defendant's name, charges, and suspected location.

(5) Any person who violates any provision of this section shall be guilty of a Class D felony.

(c) The surety may arrest the defendant without the certified copy.

(d) If the surety has good cause for surrendering the defendant and has complied with the provisions of this section in surrendering the defendant, there shall be no requirement that the surety return part or all of the premium paid for the bail bond.

Acts 1989, No. 417, § 5; 1995, No. 593, § 1; 1999, No. 1445, § 1; 2001, No. 1387, § 2.
Ark. Code Ann. § 16-66-118 — AR Code / Title 16 / Chapter 66 / Subchapter 1 / Section 16-66-118
Defaults of officers
Status: in_force

(a) Each officer to whom any execution is delivered shall be liable and bound to pay the whole amount of money specified in or endorsed on the execution and directed to be levied if he or she willfully: (1) Neglects or refuses to execute or levy the execution according to law; (2) Takes in execution any property, or if any property is delivered to him or her by any person against whom an execution may have been issued, and the officer neglects or refuses to make a sale of the property so delivered according to law; (3) Does not return the execution on or before the return day specified therein; (4) Makes a false return of the execution; or (5) After having taken the defendant's body in execution, permits him or her to escape, and does not have his body according to the command of the writ. (b) It shall be the duty of the clerk of the court from which any execution may be issued to endorse on the execution the time when it was returned. (c) If the officer, on the return of any execution or at the time the execution ought to be returned, does not have the money which he or she may have become liable to pay as prescribed in subsection (a) of this section and does not pay the money over according to the command of the writ, any person aggrieved thereby may have his or her action against the officer and his or her securities, upon his or her official bond. (d) If any officer sells any property under any execution, whether he or she received payment therefor or not, or makes the money specified in or endorsed on any execution and directed to be levied, or any part thereof, and does not have the amount of such sales or the money so made before the court and does not pay over the same according to law, he or she shall be liable to pay the whole amount of the sale or money by him or her made to the person entitled thereto, with lawful interest thereon, and damages in addition at the rate of ten percent (10%) per month to be computed from the time when the execution is made returnable until the whole is paid, to be recovered in an action against the officer and his or her securities on his or her official bond. (e) (1) The party aggrieved may proceed against the officer by the motion before the court in which the writ is returnable in a summary manner, ten (10) days' previous notice of the intended motion being given, on which motion the court shall render judgment for the amount which ought to have been paid, with interest and damages as provided in subsection (d) of this section, and award execution thereon. (2) The proceeding against any officer by motion in the manner prescribed in subdivision (e)(1) of this section shall not be construed to exempt the securities of the officer from liability. (f) (1) It shall be the duty of every officer to whom any execution may be directed, issued on any judgment recovered on motion according to the provisions of subsections (d) and (e) of this section, to execute the execution within fifteen (15) days after it shall be delivered to him or her. (2) The officer shall be subject to the same penalties and liabilities for every default therein as on other executions. (g) If any sheriff or other officer to whom any execution may be legally directed refuses to receive the execution and execute it according to law, the officer shall be deemed guilty of a misdemeanor in office and shall also be liable to the party aggrieved for the amount of money specified in the execution, to be recovered against him or her and his or her securities on his or her official bond. Amended by Act 2013, No. 319,§ 1, eff. 8/16/2013. Rev. Stat., ch. 60, §§ 62-67; C. & M. Dig., §§ 4360-4365; Pope's Dig., §§ 5372-5377; A.S.A. 1947, §§ 30-1001 -- 30-1006.

(a) Each officer to whom any execution is delivered shall be liable and bound to pay the whole amount of money specified in or endorsed on the execution and directed to be levied if he or she willfully: (1) Neglects or refuses to execute or levy the execution according to law; (2) Takes in execution any property, or if any property is delivered to him or her by any person against whom an execution may have been issued, and the officer neglects or refuses to make a sale of the property so delivered according to law; (3) Does not return the execution on or before the return day specified therein; (4) Makes a false return of the execution; or (5) After having taken the defendant's body in execution, permits him or her to escape, and does not have his body according to the command of the writ.

(1) Neglects or refuses to execute or levy the execution according to law;

(2) Takes in execution any property, or if any property is delivered to him or her by any person against whom an execution may have been issued, and the officer neglects or refuses to make a sale of the property so delivered according to law;

(3) Does not return the execution on or before the return day specified therein;

(4) Makes a false return of the execution; or

(5) After having taken the defendant's body in execution, permits him or her to escape, and does not have his body according to the command of the writ.

(b) It shall be the duty of the clerk of the court from which any execution may be issued to endorse on the execution the time when it was returned.

(c) If the officer, on the return of any execution or at the time the execution ought to be returned, does not have the money which he or she may have become liable to pay as prescribed in subsection (a) of this section and does not pay the money over according to the command of the writ, any person aggrieved thereby may have his or her action against the officer and his or her securities, upon his or her official bond.

(d) If any officer sells any property under any execution, whether he or she received payment therefor or not, or makes the money specified in or endorsed on any execution and directed to be levied, or any part thereof, and does not have the amount of such sales or the money so made before the court and does not pay over the same according to law, he or she shall be liable to pay the whole amount of the sale or money by him or her made to the person entitled thereto, with lawful interest thereon, and damages in addition at the rate of ten percent (10%) per month to be computed from the time when the execution is made returnable until the whole is paid, to be recovered in an action against the officer and his or her securities on his or her official bond.

(e) (1) The party aggrieved may proceed against the officer by the motion before the court in which the writ is returnable in a summary manner, ten (10) days' previous notice of the intended motion being given, on which motion the court shall render judgment for the amount which ought to have been paid, with interest and damages as provided in subsection (d) of this section, and award execution thereon. (2) The proceeding against any officer by motion in the manner prescribed in subdivision (e)(1) of this section shall not be construed to exempt the securities of the officer from liability.

(1) The party aggrieved may proceed against the officer by the motion before the court in which the writ is returnable in a summary manner, ten (10) days' previous notice of the intended motion being given, on which motion the court shall render judgment for the amount which ought to have been paid, with interest and damages as provided in subsection (d) of this section, and award execution thereon.

(2) The proceeding against any officer by motion in the manner prescribed in subdivision (e)(1) of this section shall not be construed to exempt the securities of the officer from liability.

(f) (1) It shall be the duty of every officer to whom any execution may be directed, issued on any judgment recovered on motion according to the provisions of subsections (d) and (e) of this section, to execute the execution within fifteen (15) days after it shall be delivered to him or her. (2) The officer shall be subject to the same penalties and liabilities for every default therein as on other executions.

(1) It shall be the duty of every officer to whom any execution may be directed, issued on any judgment recovered on motion according to the provisions of subsections (d) and (e) of this section, to execute the execution within fifteen (15) days after it shall be delivered to him or her.

(2) The officer shall be subject to the same penalties and liabilities for every default therein as on other executions.

(g) If any sheriff or other officer to whom any execution may be legally directed refuses to receive the execution and execute it according to law, the officer shall be deemed guilty of a misdemeanor in office and shall also be liable to the party aggrieved for the amount of money specified in the execution, to be recovered against him or her and his or her securities on his or her official bond.

Amended by Act 2013, No. 319,§ 1, eff. 8/16/2013.

Rev. Stat., ch. 60, §§ 62-67; C. & M. Dig., §§ 4360-4365; Pope's Dig., §§ 5372-5377; A.S.A. 1947, §§ 30-1001 -- 30-1006.
Ark. Code Ann. § 16-43-308 — AR Code / Title 16 / Chapter 43 / Subchapter 3 / Section 16-43-308
Prisoner from other state immune from arrest or process while being transported or held as witness
Status: in_force

If a witness from another state comes into or passes through this state under an order directing him to attend and testify in this or another state, he shall not while in this state pursuant to the order be subject to arrest or the service of process, civil or criminal, because of any act committed prior to his arrival in this state under the order. Acts 1959, No. 216, § 8; A.S.A. 1947, § 43-2032.

If a witness from another state comes into or passes through this state under an order directing him to attend and testify in this or another state, he shall not while in this state pursuant to the order be subject to arrest or the service of process, civil or criminal, because of any act committed prior to his arrival in this state under the order.

Acts 1959, No. 216, § 8; A.S.A. 1947, § 43-2032.
Ark. Code Ann. § 16-10-143 — AR Code / Title 16 / Chapter 10 / Subchapter 1 / Section 16-10-143
Contracts - Qualified attorneys - Definition
Status: in_force

(a) As used in this section, "qualified attorney" means an attorney who: (1) Has previously been employed as an attorney by the state regardless of the limitation provided under § 19-11-709(d) ; or (2) Is currently serving as a part-time public defender or is otherwise employed by the state as an attorney on a part-time basis. (b) The Director of the Administrative Office of the Courts may employ or enter into a professional service contract with a qualified attorney to serve as a specialty court team member and to represent specialty court participants. (c) The fees for contracted services provided by a qualified attorney under subsection (a) of this section shall be paid from funds appropriated for that purpose to the Administrative Office of the Courts. (d) (1) A qualified attorney who is employed or contracted by the Administrative Office of the Courts under this section is eligible for additional compensation. (2) Additional compensation received for service under this section as a specialty court team member or to represent specialty court participants shall not be construed as exceeding the line-item maximum for the grade of the qualified attorney's other part-time position, if any. (e) 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 to be used for the expansion or establishment of specialty court programs in circuit courts. Added by Act 2023, No. 659,§ 118, eff. 1/1/2024.

(a) As used in this section, "qualified attorney" means an attorney who: (1) Has previously been employed as an attorney by the state regardless of the limitation provided under § 19-11-709(d) ; or (2) Is currently serving as a part-time public defender or is otherwise employed by the state as an attorney on a part-time basis.

(1) Has previously been employed as an attorney by the state regardless of the limitation provided under § 19-11-709(d) ; or

(2) Is currently serving as a part-time public defender or is otherwise employed by the state as an attorney on a part-time basis.

(b) The Director of the Administrative Office of the Courts may employ or enter into a professional service contract with a qualified attorney to serve as a specialty court team member and to represent specialty court participants.

(c) The fees for contracted services provided by a qualified attorney under subsection (a) of this section shall be paid from funds appropriated for that purpose to the Administrative Office of the Courts.

(d) (1) A qualified attorney who is employed or contracted by the Administrative Office of the Courts under this section is eligible for additional compensation. (2) Additional compensation received for service under this section as a specialty court team member or to represent specialty court participants shall not be construed as exceeding the line-item maximum for the grade of the qualified attorney's other part-time position, if any.

(1) A qualified attorney who is employed or contracted by the Administrative Office of the Courts under this section is eligible for additional compensation.

(2) Additional compensation received for service under this section as a specialty court team member or to represent specialty court participants shall not be construed as exceeding the line-item maximum for the grade of the qualified attorney's other part-time position, if any.

(e) 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 to be used 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. § 16-13-706 — AR Code / Title 16 / Chapter 13 / Subchapter 7 / Section 16-13-706
Credit or debit card payments
Status: in_force

(a) The court or the agency designated under § 16-13-709 or § 16-92-118 may accept payment of fines and associated costs by an approved credit card or debit card. (b) (1) The court or designated agency may enter into contracts with credit card companies and pay those companies fees normally charged by those companies for allowing the court to accept their credit cards in payment as authorized by subsection (a) of this section. (2) When the offender pays fines or court costs by an approved credit card or debit card, the court may assess the offender a transaction fee. (c) (1) All courts are authorized to enroll for service with and accept payments from a third-party entity for the acceptance and collection of fines and associated costs with an approved credit card for which the third-party entity may charge the offender a transaction fee. (2) The State of Arkansas or any of its political subdivisions shall not charge a transaction fee for electronic payments of a court-ordered fine paid through a third-party entity. Acts 1995, No. 1262, § 6; 2003, No. 1765, § 11; 2009, No. 328, § 3; 2009, No. 782, § 2; 2011, No. 1218, § 3.

(a) The court or the agency designated under § 16-13-709 or § 16-92-118 may accept payment of fines and associated costs by an approved credit card or debit card.

(b) (1) The court or designated agency may enter into contracts with credit card companies and pay those companies fees normally charged by those companies for allowing the court to accept their credit cards in payment as authorized by subsection (a) of this section. (2) When the offender pays fines or court costs by an approved credit card or debit card, the court may assess the offender a transaction fee.

(1) The court or designated agency may enter into contracts with credit card companies and pay those companies fees normally charged by those companies for allowing the court to accept their credit cards in payment as authorized by subsection (a) of this section.

(2) When the offender pays fines or court costs by an approved credit card or debit card, the court may assess the offender a transaction fee.

(c) (1) All courts are authorized to enroll for service with and accept payments from a third-party entity for the acceptance and collection of fines and associated costs with an approved credit card for which the third-party entity may charge the offender a transaction fee. (2) The State of Arkansas or any of its political subdivisions shall not charge a transaction fee for electronic payments of a court-ordered fine paid through a third-party entity.

(1) All courts are authorized to enroll for service with and accept payments from a third-party entity for the acceptance and collection of fines and associated costs with an approved credit card for which the third-party entity may charge the offender a transaction fee.

(2) The State of Arkansas or any of its political subdivisions shall not charge a transaction fee for electronic payments of a court-ordered fine paid through a third-party entity.

Acts 1995, No. 1262, § 6; 2003, No. 1765, § 11; 2009, No. 328, § 3; 2009, No. 782, § 2; 2011, No. 1218, § 3.
Ark. Code Ann. § 16-81-203 — AR Code / Title 16 / Chapter 81 / Subchapter 2 / Section 16-81-203
Grounds to reasonably suspect
Status: in_force

The following are among the factors to be considered in determining if the officer has grounds to reasonably suspect: (1) The demeanor of the suspect; (2) The gait and manner of the suspect; (3) Any knowledge the officer may have of the suspect's background or character; (4) Whether the suspect is carrying anything, and what he or she is carrying; (5) The manner in which the suspect is dressed, including bulges in clothing, when considered in light of all of the other factors; (6) The time of the day or night the suspect is observed; (7) Any overheard conversation of the suspect; (8) The particular streets and areas involved; (9) Any information received from third persons, whether they are known or unknown; (10) Whether the suspect is consorting with others whose conduct is reasonably suspect; (11) The suspect's proximity to known criminal conduct; (12) The incidence of crime in the immediate neighborhood; (13) The suspect's apparent effort to conceal an article; and (14) The apparent effort of the suspect to avoid identification or confrontation by a law enforcement officer. Acts 1969, No. 378, § 7; A.S.A. 1947, § 43-435; Acts 2005, No. 1994, § 249.

The following are among the factors to be considered in determining if the officer has grounds to reasonably suspect:

(1) The demeanor of the suspect;

(2) The gait and manner of the suspect;

(3) Any knowledge the officer may have of the suspect's background or character;

(4) Whether the suspect is carrying anything, and what he or she is carrying;

(5) The manner in which the suspect is dressed, including bulges in clothing, when considered in light of all of the other factors;

(6) The time of the day or night the suspect is observed;

(7) Any overheard conversation of the suspect;

(8) The particular streets and areas involved;

(9) Any information received from third persons, whether they are known or unknown;

(10) Whether the suspect is consorting with others whose conduct is reasonably suspect;

(11) The suspect's proximity to known criminal conduct;

(12) The incidence of crime in the immediate neighborhood;

(13) The suspect's apparent effort to conceal an article; and

(14) The apparent effort of the suspect to avoid identification or confrontation by a law enforcement officer.

Acts 1969, No. 378, § 7; A.S.A. 1947, § 43-435; Acts 2005, No. 1994, § 249.
Ark. Code Ann. § 16-123-311 — AR Code / Title 16 / Chapter 123 / Subchapter 3 / Section 16-123-311
Publication indicating discrimination
Status: in_force

A person shall not make, print, or publish or cause to be made, printed, or published any notice, statement, or advertisement with respect to the sale or rental of a dwelling that indicates any preference, limitation, or discrimination based on race, color, religion, sex, disability, familial status, or national origin, or an intention to make such a preference, limitation, or discrimination. Acts 2001, No. 1785, § 12.

A person shall not make, print, or publish or cause to be made, printed, or published any notice, statement, or advertisement with respect to the sale or rental of a dwelling that indicates any preference, limitation, or discrimination based on race, color, religion, sex, disability, familial status, or national origin, or an intention to make such a preference, limitation, or discrimination.

Acts 2001, No. 1785, § 12.
Ark. Code Ann. § 16-22-210 — AR Code / Title 16 / Chapter 22 / Subchapter 2 / Section 16-22-210
Clerk or sheriff not to act as attorney
Status: in_force

No clerk of any court of record in this state or sheriff, while he continues to act as such, shall under any pretense whatever act as an attorney at law in the court of which he is clerk or in the county in which he is sheriff. Rev. Stat., ch. 15, § 9; C. & M. Dig., § 602; Pope's Dig., § 642; A.S.A. 1947, § 25-107.

No clerk of any court of record in this state or sheriff, while he continues to act as such, shall under any pretense whatever act as an attorney at law in the court of which he is clerk or in the county in which he is sheriff.

Rev. Stat., ch. 15, § 9; C. & M. Dig., § 602; Pope's Dig., § 642; A.S.A. 1947, § 25-107.
Ark. Code Ann. § 16-17-907 — AR Code / Title 16 / Chapter 17 / Subchapter 9 / Section 16-17-907
Clay County District Court
Status: in_force

(a) (1) Clay County shall have one (1) district court with three (3) departments: (A) One (1) located in Corning; (B) One (1) located in Piggott; and (C) One (1) located in Rector. (2) All three (3) departments are to be served by one (1) judge. (b) The Clay County District Court Judge shall be elected countywide. (c) The Clay County District Court shall have countywide jurisdiction. Amended by Act 2017, No. 723,§ 1, eff. 8/1/2017. Acts 2003, No. 1727, § 7; 2005, No. 72, § 3.

(a) (1) Clay County shall have one (1) district court with three (3) departments: (A) One (1) located in Corning; (B) One (1) located in Piggott; and (C) One (1) located in Rector. (2) All three (3) departments are to be served by one (1) judge.

(1) Clay County shall have one (1) district court with three (3) departments: (A) One (1) located in Corning; (B) One (1) located in Piggott; and (C) One (1) located in Rector.

(A) One (1) located in Corning;

(B) One (1) located in Piggott; and

(C) One (1) located in Rector.

(2) All three (3) departments are to be served by one (1) judge.

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

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

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

Acts 2003, No. 1727, § 7; 2005, No. 72, § 3.
Ark. Code Ann. § 16-10-138 — AR Code / Title 16 / Chapter 10 / Subchapter 1 / Section 16-10-138
[Repealed]
Status: repealed

Repealed by Act 2013, No. 375,§ 1, eff. 8/16/2013. Acts 2007, No. 703, § 13.

Repealed by Act 2013, No. 375,§ 1, eff. 8/16/2013.

Acts 2007, No. 703, § 13.
Ark. Code Ann. § 16-91-105 — AR Code / Title 16 / Chapter 91 / Subchapter 1 / Section 16-91-105
Time and method of taking appeal - Motion for new trial, etc
Status: in_force

(a) (1) Within thirty (30) days from the date of the sentence and entry of judgment by the trial judge, the person desiring to appeal the judgment shall file with the trial court a notice of appeal identifying the parties taking the appeal and the judgment appealed. (2) The notice of appeal shall include a certificate by the appealing party or his or her attorney that a transcript of the trial record has been ordered from the court reporter if, for the purposes of the appeal, a transcript is determined essential to resolve the issues on appeal. (3) Notification of the filing of the notice of appeal shall be given to all other parties or their representatives involved in the cause by mailing a copy of the notice of appeal to the parties or their representatives, but failure to give the notification shall not affect the validity of the appeal. (4) Failure of the appellant to take any further steps to secure the review of the appealed conviction shall not affect the validity of the appeal but shall be grounds only for such action as the appellate court deems appropriate, which may include dismissal of the appeal. (5) If an appeal has not been docketed in the Supreme Court, the parties, with the approval of the trial court, may dismiss the appeal by stipulation filed in that court, or that court may dismiss the appeal upon a motion and notice by the appellant. (b) (1) Prior to the time fixed to file a notice of appeal, a person convicted of either a felony or misdemeanor may file a motion for new trial, a motion in arrest of judgment, or any other application for relief. (2) The pleadings should include a statement that the movant believes the action is meritorious and is not offered for the purpose of delay. (3) Service of the motion shall be given to the representative of the prosecuting party. (4) If requested or found to be necessary, the trial court shall promptly designate a date certain to take evidence and to hear and dispose of all matters that are presented. (5) Upon the filing of any motion or other application for relief in the trial court, the time to file a notice of appeal shall not expire until thirty (30) days after the disposition of all motions or applications. Acts 1971, No. 333, §§ 3, 9; A.S.A. 1947, §§ 43-2703, 43-2704.

(a) (1) Within thirty (30) days from the date of the sentence and entry of judgment by the trial judge, the person desiring to appeal the judgment shall file with the trial court a notice of appeal identifying the parties taking the appeal and the judgment appealed. (2) The notice of appeal shall include a certificate by the appealing party or his or her attorney that a transcript of the trial record has been ordered from the court reporter if, for the purposes of the appeal, a transcript is determined essential to resolve the issues on appeal. (3) Notification of the filing of the notice of appeal shall be given to all other parties or their representatives involved in the cause by mailing a copy of the notice of appeal to the parties or their representatives, but failure to give the notification shall not affect the validity of the appeal. (4) Failure of the appellant to take any further steps to secure the review of the appealed conviction shall not affect the validity of the appeal but shall be grounds only for such action as the appellate court deems appropriate, which may include dismissal of the appeal. (5) If an appeal has not been docketed in the Supreme Court, the parties, with the approval of the trial court, may dismiss the appeal by stipulation filed in that court, or that court may dismiss the appeal upon a motion and notice by the appellant.

(1) Within thirty (30) days from the date of the sentence and entry of judgment by the trial judge, the person desiring to appeal the judgment shall file with the trial court a notice of appeal identifying the parties taking the appeal and the judgment appealed.

(2) The notice of appeal shall include a certificate by the appealing party or his or her attorney that a transcript of the trial record has been ordered from the court reporter if, for the purposes of the appeal, a transcript is determined essential to resolve the issues on appeal.

(3) Notification of the filing of the notice of appeal shall be given to all other parties or their representatives involved in the cause by mailing a copy of the notice of appeal to the parties or their representatives, but failure to give the notification shall not affect the validity of the appeal.

(4) Failure of the appellant to take any further steps to secure the review of the appealed conviction shall not affect the validity of the appeal but shall be grounds only for such action as the appellate court deems appropriate, which may include dismissal of the appeal.

(5) If an appeal has not been docketed in the Supreme Court, the parties, with the approval of the trial court, may dismiss the appeal by stipulation filed in that court, or that court may dismiss the appeal upon a motion and notice by the appellant.

(b) (1) Prior to the time fixed to file a notice of appeal, a person convicted of either a felony or misdemeanor may file a motion for new trial, a motion in arrest of judgment, or any other application for relief. (2) The pleadings should include a statement that the movant believes the action is meritorious and is not offered for the purpose of delay. (3) Service of the motion shall be given to the representative of the prosecuting party. (4) If requested or found to be necessary, the trial court shall promptly designate a date certain to take evidence and to hear and dispose of all matters that are presented. (5) Upon the filing of any motion or other application for relief in the trial court, the time to file a notice of appeal shall not expire until thirty (30) days after the disposition of all motions or applications.

(1) Prior to the time fixed to file a notice of appeal, a person convicted of either a felony or misdemeanor may file a motion for new trial, a motion in arrest of judgment, or any other application for relief.

(2) The pleadings should include a statement that the movant believes the action is meritorious and is not offered for the purpose of delay.

(3) Service of the motion shall be given to the representative of the prosecuting party.

(4) If requested or found to be necessary, the trial court shall promptly designate a date certain to take evidence and to hear and dispose of all matters that are presented.

(5) Upon the filing of any motion or other application for relief in the trial court, the time to file a notice of appeal shall not expire until thirty (30) days after the disposition of all motions or applications.

Acts 1971, No. 333, §§ 3, 9; A.S.A. 1947, §§ 43-2703, 43-2704.
Ark. Code Ann. § 16-110-121 — AR Code / Title 16 / Chapter 110 / Subchapter 1 / Section 16-110-121
Collection, preservation, and sale of property
Status: in_force

(a) (1) The court shall make proper orders for the preservation and use of the property during the pending of the action and for paying into court or securing the debts and funds attached. (2) (A) The court may direct a sale of the property where, by reason of its perishable nature or of the cost of keeping it, a sale would be for the benefit of the parties. (B) In vacation, the sale may be ordered by the judge of the court. (C) The sale shall be public, after advertisement, and made in such manner and upon such terms of credit, with security, as the court or judge, having regard to the probable duration of the action, may direct. (D) The proceeds, if collected by the county sheriff, together with all the money received by him or her from garnishees, shall be held and paid over by him or her under the same requirement and responsibilities of the county sheriff and his or her sureties, as are provided in respect to money deposited in lieu of bail. (E) But no sale shall be made in vacation without reasonable notice in writing to the opposite party or his or her attorney, if either of them reside in the county in which the cause is pending, of the time and place of the application therefor. (b) (1) A judge of the circuit court in vacation of the circuit court shall have power to appoint a receiver to take charge of, collect, and account for all choses in action attached in any action, and said receiver shall have full power to collect the choses in action. He or she shall give bond and in all respects be subject to the same responsibilities as if appointed by the court in term time. (2) The defendant or any claimant of any attached property may be required by the court or by the receiver to give information on oath respecting the property. Civil Code, §§ 238, 239; Acts 1871, No. 48, § 1 [238, 239], p. 219; C. & M. Dig., §§ 518-522; Pope's Dig., §§ 555-559; A.S.A. 1947, §§ 31-133, 31-134.

(a) (1) The court shall make proper orders for the preservation and use of the property during the pending of the action and for paying into court or securing the debts and funds attached. (2) (A) The court may direct a sale of the property where, by reason of its perishable nature or of the cost of keeping it, a sale would be for the benefit of the parties. (B) In vacation, the sale may be ordered by the judge of the court. (C) The sale shall be public, after advertisement, and made in such manner and upon such terms of credit, with security, as the court or judge, having regard to the probable duration of the action, may direct. (D) The proceeds, if collected by the county sheriff, together with all the money received by him or her from garnishees, shall be held and paid over by him or her under the same requirement and responsibilities of the county sheriff and his or her sureties, as are provided in respect to money deposited in lieu of bail. (E) But no sale shall be made in vacation without reasonable notice in writing to the opposite party or his or her attorney, if either of them reside in the county in which the cause is pending, of the time and place of the application therefor.

(1) The court shall make proper orders for the preservation and use of the property during the pending of the action and for paying into court or securing the debts and funds attached.

(2) (A) The court may direct a sale of the property where, by reason of its perishable nature or of the cost of keeping it, a sale would be for the benefit of the parties. (B) In vacation, the sale may be ordered by the judge of the court. (C) The sale shall be public, after advertisement, and made in such manner and upon such terms of credit, with security, as the court or judge, having regard to the probable duration of the action, may direct. (D) The proceeds, if collected by the county sheriff, together with all the money received by him or her from garnishees, shall be held and paid over by him or her under the same requirement and responsibilities of the county sheriff and his or her sureties, as are provided in respect to money deposited in lieu of bail. (E) But no sale shall be made in vacation without reasonable notice in writing to the opposite party or his or her attorney, if either of them reside in the county in which the cause is pending, of the time and place of the application therefor.

(A) The court may direct a sale of the property where, by reason of its perishable nature or of the cost of keeping it, a sale would be for the benefit of the parties.

(B) In vacation, the sale may be ordered by the judge of the court.

(C) The sale shall be public, after advertisement, and made in such manner and upon such terms of credit, with security, as the court or judge, having regard to the probable duration of the action, may direct.

(D) The proceeds, if collected by the county sheriff, together with all the money received by him or her from garnishees, shall be held and paid over by him or her under the same requirement and responsibilities of the county sheriff and his or her sureties, as are provided in respect to money deposited in lieu of bail.

(E) But no sale shall be made in vacation without reasonable notice in writing to the opposite party or his or her attorney, if either of them reside in the county in which the cause is pending, of the time and place of the application therefor.

(b) (1) A judge of the circuit court in vacation of the circuit court shall have power to appoint a receiver to take charge of, collect, and account for all choses in action attached in any action, and said receiver shall have full power to collect the choses in action. He or she shall give bond and in all respects be subject to the same responsibilities as if appointed by the court in term time. (2) The defendant or any claimant of any attached property may be required by the court or by the receiver to give information on oath respecting the property.

(1) A judge of the circuit court in vacation of the circuit court shall have power to appoint a receiver to take charge of, collect, and account for all choses in action attached in any action, and said receiver shall have full power to collect the choses in action. He or she shall give bond and in all respects be subject to the same responsibilities as if appointed by the court in term time.

(2) The defendant or any claimant of any attached property may be required by the court or by the receiver to give information on oath respecting the property.

Civil Code, §§ 238, 239; Acts 1871, No. 48, § 1 [238, 239], p. 219; C. & M. Dig., §§ 518-522; Pope's Dig., §§ 555-559; A.S.A. 1947, §§ 31-133, 31-134.
Ark. Code Ann. § 16-120-202 — AR Code / Title 16 / Chapter 120 / Subchapter 2 / Section 16-120-202
Liability
Status: in_force

(a) (1) Except as provided in subdivision (a)(2) of this section, an equine activity sponsor, an employee of an equine activity sponsor, a livestock sponsor, an employee of a livestock sponsor, a livestock owner, a livestock facility, or a livestock auction market is not liable for an injury to or the death of a participant resulting from the inherent risks of an equine activity or a livestock activity. (2) Subdivision (a)(1) of this section does not prevent or limit the liability of an equine activity sponsor, an employee of an equine activity sponsor, a livestock sponsor, an employee of a livestock sponsor, a livestock owner, a livestock facility, or a livestock auction market that: (A) Provides the equipment or tack and knows or should know that the equipment or tack is faulty to the extent that the equipment or tack caused injury; (B) With respect to an equine activity sponsor, an employee of a equine activity sponsor, a livestock activity sponsor, or an employee of a livestock activity sponsor, provides the equine or livestock and fails to make reasonable and prudent efforts to determine the ability of a participant to engage safely in an equine activity or a livestock activity or to determine the ability of a participant to engage safely in an equine activity or a livestock activity and to safely manage the particular equine or livestock based on the participant's representation of his or her ability; (C) Owns, leases, rents, or otherwise is in lawful possession and control of the facility upon which a participant sustains an injury because of a dangerous latent condition that is known or should have been known to the equine activity sponsor, an employee of the equine activity sponsor, the livestock activity sponsor, an employee of the livestock activity sponsor, the livestock facility, or the livestock auction market and for which warning signs had not been conspicuously posted; (D) Commits an act or omission that: (i) Constitutes willful or wanton disregard for the safety of a participant; and (ii) Causes an injury; or (E) Intentionally injures a participant. (3) Subdivision (a)(1) of this section does not prevent or limit the liability of an equine activity sponsor, an employee of an equine activity sponsor, a livestock activity sponsor, an employee of a livestock activity sponsor, a livestock owner, a livestock facility, or a livestock auction market under products liability laws. (b) (1) (A) An equine activity sponsor or a livestock activity sponsor shall post and maintain signs that contain the warning notice specified in subdivision (b)(2) of this section. (B) The signs required under subdivision (b)(1)(A) of this section shall be placed in a clearly visible location on or near stables, corrals, or arenas where the equine activity sponsor or livestock activity sponsor conducts an equine activity or livestock activity. (C) The warning notice specified in subdivision (b)(2) of this section shall appear on the sign in black letters with each letter to be a minimum of one inch (1") in height. (2) The signs described in subdivision (b)(1) of this section shall contain the following warning notice: "WARNING Under Arkansas law, an equine activity sponsor, livestock activity sponsor, livestock owner, livestock facility, and livestock auction market are not liable for an injury to or the death of a participant in equine activities or livestock activities resulting from the inherent risk of equine activities or livestock activities." (c) The immunity provided under this section does not apply to thoroughbred horse racing as authorized and regulated in the Arkansas Horse Racing Law, § 23-110-101 et seq. Amended by Act 2015, No. 1152,§ 17, eff. 7/22/2015. Acts 1991, No. 103, § 2; 1995, No. 353, §§ 1, 2.

(a) (1) Except as provided in subdivision (a)(2) of this section, an equine activity sponsor, an employee of an equine activity sponsor, a livestock sponsor, an employee of a livestock sponsor, a livestock owner, a livestock facility, or a livestock auction market is not liable for an injury to or the death of a participant resulting from the inherent risks of an equine activity or a livestock activity. (2) Subdivision (a)(1) of this section does not prevent or limit the liability of an equine activity sponsor, an employee of an equine activity sponsor, a livestock sponsor, an employee of a livestock sponsor, a livestock owner, a livestock facility, or a livestock auction market that: (A) Provides the equipment or tack and knows or should know that the equipment or tack is faulty to the extent that the equipment or tack caused injury; (B) With respect to an equine activity sponsor, an employee of a equine activity sponsor, a livestock activity sponsor, or an employee of a livestock activity sponsor, provides the equine or livestock and fails to make reasonable and prudent efforts to determine the ability of a participant to engage safely in an equine activity or a livestock activity or to determine the ability of a participant to engage safely in an equine activity or a livestock activity and to safely manage the particular equine or livestock based on the participant's representation of his or her ability; (C) Owns, leases, rents, or otherwise is in lawful possession and control of the facility upon which a participant sustains an injury because of a dangerous latent condition that is known or should have been known to the equine activity sponsor, an employee of the equine activity sponsor, the livestock activity sponsor, an employee of the livestock activity sponsor, the livestock facility, or the livestock auction market and for which warning signs had not been conspicuously posted; (D) Commits an act or omission that: (i) Constitutes willful or wanton disregard for the safety of a participant; and (ii) Causes an injury; or (E) Intentionally injures a participant. (3) Subdivision (a)(1) of this section does not prevent or limit the liability of an equine activity sponsor, an employee of an equine activity sponsor, a livestock activity sponsor, an employee of a livestock activity sponsor, a livestock owner, a livestock facility, or a livestock auction market under products liability laws.

(1) Except as provided in subdivision (a)(2) of this section, an equine activity sponsor, an employee of an equine activity sponsor, a livestock sponsor, an employee of a livestock sponsor, a livestock owner, a livestock facility, or a livestock auction market is not liable for an injury to or the death of a participant resulting from the inherent risks of an equine activity or a livestock activity.

(2) Subdivision (a)(1) of this section does not prevent or limit the liability of an equine activity sponsor, an employee of an equine activity sponsor, a livestock sponsor, an employee of a livestock sponsor, a livestock owner, a livestock facility, or a livestock auction market that: (A) Provides the equipment or tack and knows or should know that the equipment or tack is faulty to the extent that the equipment or tack caused injury; (B) With respect to an equine activity sponsor, an employee of a equine activity sponsor, a livestock activity sponsor, or an employee of a livestock activity sponsor, provides the equine or livestock and fails to make reasonable and prudent efforts to determine the ability of a participant to engage safely in an equine activity or a livestock activity or to determine the ability of a participant to engage safely in an equine activity or a livestock activity and to safely manage the particular equine or livestock based on the participant's representation of his or her ability; (C) Owns, leases, rents, or otherwise is in lawful possession and control of the facility upon which a participant sustains an injury because of a dangerous latent condition that is known or should have been known to the equine activity sponsor, an employee of the equine activity sponsor, the livestock activity sponsor, an employee of the livestock activity sponsor, the livestock facility, or the livestock auction market and for which warning signs had not been conspicuously posted; (D) Commits an act or omission that: (i) Constitutes willful or wanton disregard for the safety of a participant; and (ii) Causes an injury; or (E) Intentionally injures a participant.

(A) Provides the equipment or tack and knows or should know that the equipment or tack is faulty to the extent that the equipment or tack caused injury;

(B) With respect to an equine activity sponsor, an employee of a equine activity sponsor, a livestock activity sponsor, or an employee of a livestock activity sponsor, provides the equine or livestock and fails to make reasonable and prudent efforts to determine the ability of a participant to engage safely in an equine activity or a livestock activity or to determine the ability of a participant to engage safely in an equine activity or a livestock activity and to safely manage the particular equine or livestock based on the participant's representation of his or her ability;

(C) Owns, leases, rents, or otherwise is in lawful possession and control of the facility upon which a participant sustains an injury because of a dangerous latent condition that is known or should have been known to the equine activity sponsor, an employee of the equine activity sponsor, the livestock activity sponsor, an employee of the livestock activity sponsor, the livestock facility, or the livestock auction market and for which warning signs had not been conspicuously posted;

(D) Commits an act or omission that: (i) Constitutes willful or wanton disregard for the safety of a participant; and (ii) Causes an injury; or

(i) Constitutes willful or wanton disregard for the safety of a participant; and

(ii) Causes an injury; or

(E) Intentionally injures a participant.

(3) Subdivision (a)(1) of this section does not prevent or limit the liability of an equine activity sponsor, an employee of an equine activity sponsor, a livestock activity sponsor, an employee of a livestock activity sponsor, a livestock owner, a livestock facility, or a livestock auction market under products liability laws.

(b) (1) (A) An equine activity sponsor or a livestock activity sponsor shall post and maintain signs that contain the warning notice specified in subdivision (b)(2) of this section. (B) The signs required under subdivision (b)(1)(A) of this section shall be placed in a clearly visible location on or near stables, corrals, or arenas where the equine activity sponsor or livestock activity sponsor conducts an equine activity or livestock activity. (C) The warning notice specified in subdivision (b)(2) of this section shall appear on the sign in black letters with each letter to be a minimum of one inch (1") in height. (2) The signs described in subdivision (b)(1) of this section shall contain the following warning notice: "WARNING Under Arkansas law, an equine activity sponsor, livestock activity sponsor, livestock owner, livestock facility, and livestock auction market are not liable for an injury to or the death of a participant in equine activities or livestock activities resulting from the inherent risk of equine activities or livestock activities."

(1) (A) An equine activity sponsor or a livestock activity sponsor shall post and maintain signs that contain the warning notice specified in subdivision (b)(2) of this section. (B) The signs required under subdivision (b)(1)(A) of this section shall be placed in a clearly visible location on or near stables, corrals, or arenas where the equine activity sponsor or livestock activity sponsor conducts an equine activity or livestock activity. (C) The warning notice specified in subdivision (b)(2) of this section shall appear on the sign in black letters with each letter to be a minimum of one inch (1") in height.

(A) An equine activity sponsor or a livestock activity sponsor shall post and maintain signs that contain the warning notice specified in subdivision (b)(2) of this section.

(B) The signs required under subdivision (b)(1)(A) of this section shall be placed in a clearly visible location on or near stables, corrals, or arenas where the equine activity sponsor or livestock activity sponsor conducts an equine activity or livestock activity.

(C) The warning notice specified in subdivision (b)(2) of this section shall appear on the sign in black letters with each letter to be a minimum of one inch (1") in height.

(2) The signs described in subdivision (b)(1) of this section shall contain the following warning notice: "WARNING Under Arkansas law, an equine activity sponsor, livestock activity sponsor, livestock owner, livestock facility, and livestock auction market are not liable for an injury to or the death of a participant in equine activities or livestock activities resulting from the inherent risk of equine activities or livestock activities."

"WARNING

Under Arkansas law, an equine activity sponsor, livestock activity sponsor, livestock owner, livestock facility, and livestock auction market are not liable for an injury to or the death of a participant in equine activities or livestock activities resulting from the inherent risk of equine activities or livestock activities."

(c) The immunity provided under this section does not apply to thoroughbred horse racing as authorized and regulated in the Arkansas Horse Racing Law, § 23-110-101 et seq.

Amended by Act 2015, No. 1152,§ 17, eff. 7/22/2015.

Acts 1991, No. 103, § 2; 1995, No. 353, §§ 1, 2.
Ark. Code Ann. § 16-123-102 — AR Code / Title 16 / Chapter 123 / Subchapter 1 / Section 16-123-102
Definitions
Status: in_force

As used in this subchapter: (1) "Because of gender" means, but is not limited to, on account of pregnancy, childbirth, or related medical conditions; (2) "Because of national origin" includes without limitation on account of a natural, protective, or cultural hairstyle; (3) "Because of race" includes without limitation on account of a natural, protective, or cultural hairstyle; (4) "Compensatory damages" means damages for mental anguish, loss of dignity, and other intangible injuries, but "compensatory damages" does not include punitive damages; (5) "Disability" means a physical or mental impairment that substantially limits a major life function, but "disability" does not include: (A) Compulsive gambling, kleptomania, or pyromania; (B) Current use of illegal drugs or psychoactive substance use disorders resulting from illegal use of drugs; or (C) Alcoholism; (6) "Employee" does not include: (A) Any individual employed by his or her parents, spouse, or child; (B) An individual participating in a specialized employment training program conducted by a nonprofit sheltered workshop or rehabilitation facility; or (C) An individual employed outside the State of Arkansas; (7) "Employer" means a person who employs nine (9) or more employees in the State of Arkansas in each of twenty (20) or more calendar weeks in the current or preceding calendar year; (8) "Ethnic animosity" includes without limitation on account of a natural, protective, or cultural hairstyle; (9) "National origin" includes ancestry; (10) "Natural, protective, or cultural hairstyle" includes without limitation afros, dreadlocks, twists, locs, braids, cornrow braids, Bantu knots, curls, and hair styled to protect hair texture or for cultural significance; (11) "Place of public resort, accommodation, assemblage, or amusement" means any place, store, or other establishment, either licensed or unlicensed, that supplies accommodations, goods, or services to the general public, or that solicits or accepts the patronage or trade of the general public, or that is supported directly or indirectly by government funds, but "place of public resort, accommodation, assemblage, or amusement" does not include: (A) Any lodging establishment which contains not more than five (5) rooms for rent and which is actually occupied by the proprietor of such establishment as a residence; or (B) Any private club or other establishment not in fact open to the public; (12) "Racial animosity" includes without limitation on account of a natural, protective, or cultural hairstyle; and (13) "Religion" means all aspects of religious belief, observance, and practice. Amended by Act 2023, No. 514,§ 4, eff. 8/1/2023. Amended by Act 2017, No. 191,§ 1, eff. 8/1/2017. Acts 1993, No. 962, § 9; 1995, No. 480, § 1. Act 2023, No. 514 provides this act shall be known and may be cited as the "Creating a Respectful and Open World for Natural Hair (CROWN) Act".

As used in this subchapter:

(1) "Because of gender" means, but is not limited to, on account of pregnancy, childbirth, or related medical conditions;

(2) "Because of national origin" includes without limitation on account of a natural, protective, or cultural hairstyle;

(3) "Because of race" includes without limitation on account of a natural, protective, or cultural hairstyle;

(4) "Compensatory damages" means damages for mental anguish, loss of dignity, and other intangible injuries, but "compensatory damages" does not include punitive damages;

(5) "Disability" means a physical or mental impairment that substantially limits a major life function, but "disability" does not include: (A) Compulsive gambling, kleptomania, or pyromania; (B) Current use of illegal drugs or psychoactive substance use disorders resulting from illegal use of drugs; or (C) Alcoholism;

(A) Compulsive gambling, kleptomania, or pyromania;

(B) Current use of illegal drugs or psychoactive substance use disorders resulting from illegal use of drugs; or

(C) Alcoholism;

(6) "Employee" does not include: (A) Any individual employed by his or her parents, spouse, or child; (B) An individual participating in a specialized employment training program conducted by a nonprofit sheltered workshop or rehabilitation facility; or (C) An individual employed outside the State of Arkansas;

(A) Any individual employed by his or her parents, spouse, or child;

(B) An individual participating in a specialized employment training program conducted by a nonprofit sheltered workshop or rehabilitation facility; or

(C) An individual employed outside the State of Arkansas;

(7) "Employer" means a person who employs nine (9) or more employees in the State of Arkansas in each of twenty (20) or more calendar weeks in the current or preceding calendar year;

(8) "Ethnic animosity" includes without limitation on account of a natural, protective, or cultural hairstyle;

(9) "National origin" includes ancestry;

(10) "Natural, protective, or cultural hairstyle" includes without limitation afros, dreadlocks, twists, locs, braids, cornrow braids, Bantu knots, curls, and hair styled to protect hair texture or for cultural significance;

(11) "Place of public resort, accommodation, assemblage, or amusement" means any place, store, or other establishment, either licensed or unlicensed, that supplies accommodations, goods, or services to the general public, or that solicits or accepts the patronage or trade of the general public, or that is supported directly or indirectly by government funds, but "place of public resort, accommodation, assemblage, or amusement" does not include: (A) Any lodging establishment which contains not more than five (5) rooms for rent and which is actually occupied by the proprietor of such establishment as a residence; or (B) Any private club or other establishment not in fact open to the public;

(A) Any lodging establishment which contains not more than five (5) rooms for rent and which is actually occupied by the proprietor of such establishment as a residence; or

(B) Any private club or other establishment not in fact open to the public;

(12) "Racial animosity" includes without limitation on account of a natural, protective, or cultural hairstyle; and

(13) "Religion" means all aspects of religious belief, observance, and practice.

Amended by Act 2023, No. 514,§ 4, eff. 8/1/2023.

Amended by Act 2017, No. 191,§ 1, eff. 8/1/2017.

Acts 1993, No. 962, § 9; 1995, No. 480, § 1.

Act 2023, No. 514 provides this act shall be known and may be cited as the "Creating a Respectful and Open World for Natural Hair (CROWN) Act".
Ark. Code Ann. § 16-123-320 — AR Code / Title 16 / Chapter 123 / Subchapter 3 / Section 16-123-320
Additional or substitute respondent
Status: in_force

(a) The Director of the Arkansas Fair Housing Commission may join a person not named in the complaint as an additional or substitute respondent if, in the course of the investigation, the director determines that the person may have committed a discriminatory housing practice. (b) In addition to the information required in the notice under § 16-123-317(f)(3) , the director shall include in a notice to a respondent joined under this section an explanation of the basis for the determination that the person is properly joined as a respondent. Acts 2001, No. 1785, § 21.

(a) The Director of the Arkansas Fair Housing Commission may join a person not named in the complaint as an additional or substitute respondent if, in the course of the investigation, the director determines that the person may have committed a discriminatory housing practice.

(b) In addition to the information required in the notice under § 16-123-317(f)(3) , the director shall include in a notice to a respondent joined under this section an explanation of the basis for the determination that the person is properly joined as a respondent.

Acts 2001, No. 1785, § 21.
Ark. Code Ann. § 16-110-123 — AR Code / Title 16 / Chapter 110 / Subchapter 1 / Section 16-110-123
Appearance by execution of bond
Status: in_force

In an action where an attachment has been granted, the execution by or for the defendant of a bond whereby the attachment is discharged, or the possession of the attached property is obtained or retained by him or her, shall be an appearance of the defendant in the action. Civil Code, § 793; C. & M. Dig., § 527; Pope's Dig., § 564; A.S.A. 1947, § 31-138.

In an action where an attachment has been granted, the execution by or for the defendant of a bond whereby the attachment is discharged, or the possession of the attached property is obtained or retained by him or her, shall be an appearance of the defendant in the action.

Civil Code, § 793; C. & M. Dig., § 527; Pope's Dig., § 564; A.S.A. 1947, § 31-138.
Ark. Code Ann. § 16-62-102 — AR Code / Title 16 / Chapter 62 / Section 16-62-102
Wrongful death actions - Survival
Status: in_force

(a) (1) Whenever the death of a person or an unborn child as defined in § 5-1-102 is caused by a wrongful act, neglect, or default and the act, neglect, or default would have entitled the party injured to maintain an action and recover damages in respect thereof if death had not ensued, then and in every such case, the person or company or corporation that would have been liable if death had not ensued shall be liable to an action for damages, notwithstanding the death of the person or the unborn child as defined in § 5-1-102 injured, and although the death may have been caused under such circumstances as amount in law to a felony. (2) The cause of action created in this subsection shall survive the death of the person wrongfully causing the death of another and may be brought, maintained, or revived against the personal representatives of the person wrongfully causing the death of another. (3) A person is not liable under this subsection when the death of the unborn child results from: (A) A legal abortion, including an abortion performed to remove an ectopic pregnancy or other nonviable pregnancy where the embryo is not going to develop further; (B) The fault of the pregnant woman carrying the unborn child; (C) Assisted reproduction technology activity, procedure, or treatment; (D) Actions occurring before transfer to the uterus of the woman of an embryo created through in vitro fertilization; or (E) A woman or her healthcare provider using contraception approved by the United States Food and Drug Administration. (b) Every action shall be brought by and in the name of the personal representative of the deceased person. If there is no personal representative, then the action shall be brought by the heirs at law of the deceased person. (c) (1) Every action authorized by this section shall be commenced within three (3) years after the death of the person alleged to have been wrongfully killed, except the action may be commenced against a person in the time period permitted to bring a murder charge under § 5-1-109(a) if the person was convicted of one (1) of the following offenses: (A) Capital murder, § 5-10-101 ; (B) Murder in the first degree, § 5-10-102 ; or (C) Murder in the second degree, § 5-10-103 . (2) If a nonsuit is entered for an action authorized by this section, the action shall be brought within one (1) year from the date the nonsuit was entered without regard to the date of the death of the person alleged to have been wrongfully killed. (d) The beneficiaries of the action created in this section are: (1) The surviving spouse, children, father, mother, brothers, and sisters of the deceased person; (2) Persons, regardless of age, standing in loco parentis to the deceased; and (3) Persons, regardless of age, to whom the deceased stood in loco parentis at any time during the life of the deceased. (e) No part of any recovery referred to in this section shall be subject to the debts of the deceased or become, in any way, a part of the assets of the estate of the deceased person. (f) (1) The jury or the court, in cases tried without a jury, may fix such damages as will be fair and just compensation for pecuniary injuries, including a spouse's loss of the services and companionship of a deceased spouse and any mental anguish resulting from the death to the surviving spouse and beneficiaries of the deceased. (2) When mental anguish is claimed as a measure of damages under this section, mental anguish will include grief normally associated with the loss of a loved one. (g) The judge of the court in which the claim or cause of action for wrongful death is tried or is submitted for approval of a compromise settlement, by judgment or order and upon the evidence presented during trial or in connection with any submission for approval of a compromise settlement, shall fix the share of each beneficiary, and distribution shall be made accordingly. However, in any action for wrongful death submitted to a jury, the jury shall make the apportionment at the request of any beneficiary or party. (h) Nothing in this section shall limit or affect the right of circuit courts having jurisdiction to approve or authorize settlement of claims or causes of action for wrongful death, but the circuit courts shall consider the best interests of all the beneficiaries under this section and not merely the best interest of the widow and next of kin as now provided by § 28-49-104 . (i) It is not the responsibility of the personal representative of a deceased person to locate anyone in loco parentis who is not known to the personal representative to be in loco parentis to the deceased person. Amended by Act 2013, No. 1426,§ 1, eff. 8/16/2013. Amended by Act 2013, No. 1032,§ 2, eff. 8/16/2013. Acts 1957, No. 255, §§ 1-5; 1981, No. 625, § 1; A.S.A. 1947, §§ 27-906 -- 27-910; Acts 1993, No. 589, § 1; 2001, No. 1265, § 1; 2001, No. 1581, §§ 1, 2.

(a) (1) Whenever the death of a person or an unborn child as defined in § 5-1-102 is caused by a wrongful act, neglect, or default and the act, neglect, or default would have entitled the party injured to maintain an action and recover damages in respect thereof if death had not ensued, then and in every such case, the person or company or corporation that would have been liable if death had not ensued shall be liable to an action for damages, notwithstanding the death of the person or the unborn child as defined in § 5-1-102 injured, and although the death may have been caused under such circumstances as amount in law to a felony. (2) The cause of action created in this subsection shall survive the death of the person wrongfully causing the death of another and may be brought, maintained, or revived against the personal representatives of the person wrongfully causing the death of another. (3) A person is not liable under this subsection when the death of the unborn child results from: (A) A legal abortion, including an abortion performed to remove an ectopic pregnancy or other nonviable pregnancy where the embryo is not going to develop further; (B) The fault of the pregnant woman carrying the unborn child; (C) Assisted reproduction technology activity, procedure, or treatment; (D) Actions occurring before transfer to the uterus of the woman of an embryo created through in vitro fertilization; or (E) A woman or her healthcare provider using contraception approved by the United States Food and Drug Administration.

(1) Whenever the death of a person or an unborn child as defined in § 5-1-102 is caused by a wrongful act, neglect, or default and the act, neglect, or default would have entitled the party injured to maintain an action and recover damages in respect thereof if death had not ensued, then and in every such case, the person or company or corporation that would have been liable if death had not ensued shall be liable to an action for damages, notwithstanding the death of the person or the unborn child as defined in § 5-1-102 injured, and although the death may have been caused under such circumstances as amount in law to a felony.

(2) The cause of action created in this subsection shall survive the death of the person wrongfully causing the death of another and may be brought, maintained, or revived against the personal representatives of the person wrongfully causing the death of another.

(3) A person is not liable under this subsection when the death of the unborn child results from: (A) A legal abortion, including an abortion performed to remove an ectopic pregnancy or other nonviable pregnancy where the embryo is not going to develop further; (B) The fault of the pregnant woman carrying the unborn child; (C) Assisted reproduction technology activity, procedure, or treatment; (D) Actions occurring before transfer to the uterus of the woman of an embryo created through in vitro fertilization; or (E) A woman or her healthcare provider using contraception approved by the United States Food and Drug Administration.

(A) A legal abortion, including an abortion performed to remove an ectopic pregnancy or other nonviable pregnancy where the embryo is not going to develop further;

(B) The fault of the pregnant woman carrying the unborn child;

(C) Assisted reproduction technology activity, procedure, or treatment;

(D) Actions occurring before transfer to the uterus of the woman of an embryo created through in vitro fertilization; or

(E) A woman or her healthcare provider using contraception approved by the United States Food and Drug Administration.

(b) Every action shall be brought by and in the name of the personal representative of the deceased person. If there is no personal representative, then the action shall be brought by the heirs at law of the deceased person.

(c) (1) Every action authorized by this section shall be commenced within three (3) years after the death of the person alleged to have been wrongfully killed, except the action may be commenced against a person in the time period permitted to bring a murder charge under § 5-1-109(a) if the person was convicted of one (1) of the following offenses: (A) Capital murder, § 5-10-101 ; (B) Murder in the first degree, § 5-10-102 ; or (C) Murder in the second degree, § 5-10-103 . (2) If a nonsuit is entered for an action authorized by this section, the action shall be brought within one (1) year from the date the nonsuit was entered without regard to the date of the death of the person alleged to have been wrongfully killed.

(1) Every action authorized by this section shall be commenced within three (3) years after the death of the person alleged to have been wrongfully killed, except the action may be commenced against a person in the time period permitted to bring a murder charge under § 5-1-109(a) if the person was convicted of one (1) of the following offenses: (A) Capital murder, § 5-10-101 ; (B) Murder in the first degree, § 5-10-102 ; or (C) Murder in the second degree, § 5-10-103 .

(A) Capital murder, § 5-10-101 ;

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

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

(2) If a nonsuit is entered for an action authorized by this section, the action shall be brought within one (1) year from the date the nonsuit was entered without regard to the date of the death of the person alleged to have been wrongfully killed.

(d) The beneficiaries of the action created in this section are: (1) The surviving spouse, children, father, mother, brothers, and sisters of the deceased person; (2) Persons, regardless of age, standing in loco parentis to the deceased; and (3) Persons, regardless of age, to whom the deceased stood in loco parentis at any time during the life of the deceased.

(1) The surviving spouse, children, father, mother, brothers, and sisters of the deceased person;

(2) Persons, regardless of age, standing in loco parentis to the deceased; and

(3) Persons, regardless of age, to whom the deceased stood in loco parentis at any time during the life of the deceased.

(e) No part of any recovery referred to in this section shall be subject to the debts of the deceased or become, in any way, a part of the assets of the estate of the deceased person.

(f) (1) The jury or the court, in cases tried without a jury, may fix such damages as will be fair and just compensation for pecuniary injuries, including a spouse's loss of the services and companionship of a deceased spouse and any mental anguish resulting from the death to the surviving spouse and beneficiaries of the deceased. (2) When mental anguish is claimed as a measure of damages under this section, mental anguish will include grief normally associated with the loss of a loved one.

(1) The jury or the court, in cases tried without a jury, may fix such damages as will be fair and just compensation for pecuniary injuries, including a spouse's loss of the services and companionship of a deceased spouse and any mental anguish resulting from the death to the surviving spouse and beneficiaries of the deceased.

(2) When mental anguish is claimed as a measure of damages under this section, mental anguish will include grief normally associated with the loss of a loved one.

(g) The judge of the court in which the claim or cause of action for wrongful death is tried or is submitted for approval of a compromise settlement, by judgment or order and upon the evidence presented during trial or in connection with any submission for approval of a compromise settlement, shall fix the share of each beneficiary, and distribution shall be made accordingly. However, in any action for wrongful death submitted to a jury, the jury shall make the apportionment at the request of any beneficiary or party.

(h) Nothing in this section shall limit or affect the right of circuit courts having jurisdiction to approve or authorize settlement of claims or causes of action for wrongful death, but the circuit courts shall consider the best interests of all the beneficiaries under this section and not merely the best interest of the widow and next of kin as now provided by § 28-49-104 .

(i) It is not the responsibility of the personal representative of a deceased person to locate anyone in loco parentis who is not known to the personal representative to be in loco parentis to the deceased person.

Amended by Act 2013, No. 1426,§ 1, eff. 8/16/2013.

Amended by Act 2013, No. 1032,§ 2, eff. 8/16/2013.

Acts 1957, No. 255, §§ 1-5; 1981, No. 625, § 1; A.S.A. 1947, §§ 27-906 -- 27-910; Acts 1993, No. 589, § 1; 2001, No. 1265, § 1; 2001, No. 1581, §§ 1, 2.
Ark. Code Ann. § 16-108-215 — AR Code / Title 16 / Chapter 108 / Subchapter 2 / Section 16-108-215
Arbitration process
Status: in_force

(a) An arbitrator may conduct an arbitration in such manner as the arbitrator considers appropriate for a fair and expeditious disposition of the proceeding. The authority conferred upon the arbitrator includes the power to hold conferences with the parties to the arbitration proceeding before the hearing and, among other matters, determine the admissibility, relevance, materiality and weight of any evidence. (b) An arbitrator may decide a request for summary disposition of a claim or particular issue: (1) if all interested parties agree; or (2) upon request of one party to the arbitration proceeding if that party gives notice to all other parties to the proceeding, and the other parties have a reasonable opportunity to respond. (c) If an arbitrator orders a hearing, the arbitrator shall set a time and place and give notice of the hearing not less than five days before the hearing begins. Unless a party to the arbitration proceeding makes an objection to lack or insufficiency of notice not later than the beginning of the hearing, the party's appearance at the hearing waives the objection. Upon request of a party to the arbitration proceeding and for good cause shown, or upon the arbitrator's own initiative, the arbitrator may adjourn the hearing from time to time as necessary but may not postpone the hearing to a time later than that fixed by the agreement to arbitrate for making the award unless the parties to the arbitration proceeding consent to a later date. The arbitrator may hear and decide the controversy upon the evidence produced although a party who was notified of the arbitration proceeding does not appear. The court, on request, may direct the arbitrator to conduct the hearing promptly and render a timely decision. (d) At a hearing under subsection (c), a party to the arbitration proceeding has a right to be heard, to present evidence material to the controversy, and to cross-examine witnesses appearing at the hearing. (e) If an arbitrator ceases or is unable to act during the arbitration proceeding, a replacement arbitrator must be appointed under § 16-108-211 to continue the proceeding and to resolve the controversy. Acts 1969, No. 260, § 5; A.S.A. 1947, § 34-515; Acts 2011, No. 695, § 1.

(a) An arbitrator may conduct an arbitration in such manner as the arbitrator considers appropriate for a fair and expeditious disposition of the proceeding. The authority conferred upon the arbitrator includes the power to hold conferences with the parties to the arbitration proceeding before the hearing and, among other matters, determine the admissibility, relevance, materiality and weight of any evidence.

(b) An arbitrator may decide a request for summary disposition of a claim or particular issue: (1) if all interested parties agree; or (2) upon request of one party to the arbitration proceeding if that party gives notice to all other parties to the proceeding, and the other parties have a reasonable opportunity to respond.

(1) if all interested parties agree; or

(2) upon request of one party to the arbitration proceeding if that party gives notice to all other parties to the proceeding, and the other parties have a reasonable opportunity to respond.

(c) If an arbitrator orders a hearing, the arbitrator shall set a time and place and give notice of the hearing not less than five days before the hearing begins. Unless a party to the arbitration proceeding makes an objection to lack or insufficiency of notice not later than the beginning of the hearing, the party's appearance at the hearing waives the objection. Upon request of a party to the arbitration proceeding and for good cause shown, or upon the arbitrator's own initiative, the arbitrator may adjourn the hearing from time to time as necessary but may not postpone the hearing to a time later than that fixed by the agreement to arbitrate for making the award unless the parties to the arbitration proceeding consent to a later date. The arbitrator may hear and decide the controversy upon the evidence produced although a party who was notified of the arbitration proceeding does not appear. The court, on request, may direct the arbitrator to conduct the hearing promptly and render a timely decision.

(d) At a hearing under subsection (c), a party to the arbitration proceeding has a right to be heard, to present evidence material to the controversy, and to cross-examine witnesses appearing at the hearing.

(e) If an arbitrator ceases or is unable to act during the arbitration proceeding, a replacement arbitrator must be appointed under § 16-108-211 to continue the proceeding and to resolve the controversy.

Acts 1969, No. 260, § 5; A.S.A. 1947, § 34-515; Acts 2011, No. 695, § 1.
Ark. Code Ann. § 16-10-904 — AR Code / Title 16 / Chapter 10 / Subchapter 9 / Section 16-10-904
Mileage and expenses
Status: in_force

In addition to the per diem compensation provided by this subchapter, a special judge serving under Arkansas Constitution, Amendment 80, shall receive expenses and mileage reimbursement from the appropriation provided to the Auditor of State for special and recalled judges for the circuit courts and district courts at the rate prescribed in § 16-10-119 . Amended by Act 2021, No. 818,§ 4, eff. 7/28/2021. Acts 1999, No. 390, § 4; 2001, No. 1071, § 2; 2011, No. 274, § 4.

In addition to the per diem compensation provided by this subchapter, a special judge serving under Arkansas Constitution, Amendment 80, shall receive expenses and mileage reimbursement from the appropriation provided to the Auditor of State for special and recalled judges for the circuit courts and district courts at the rate prescribed in § 16-10-119 .

Amended by Act 2021, No. 818,§ 4, eff. 7/28/2021.

Acts 1999, No. 390, § 4; 2001, No. 1071, § 2; 2011, No. 274, § 4.
Ark. Code Ann. § 16-94-229 — AR Code / Title 16 / Chapter 94 / Subchapter 2 / Section 16-94-229
Repealer
Status: in_force

All acts or parts of acts and administrative rules inconsistent with this subchapter are hereby repealed. Acts 1935, No. 126, § 29; A.S.A. 1947, § 43-3027n.

All acts or parts of acts and administrative rules inconsistent with this subchapter are hereby repealed.

Acts 1935, No. 126, § 29; A.S.A. 1947, § 43-3027n.
Ark. Code Ann. § 16-67-207 — AR Code / Title 16 / Chapter 67 / Subchapter 2 / Section 16-67-207
[Repealed]
Status: repealed

Repealed by Act 2013, No. 1148,§ 54, eff. 8/16/2013. Acts 1883, No. 27, § 6, p. 48; C. & M. Dig., § 2292; Pope's Dig., § 2918; A.S.A. 1947, § 27-2006.

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

Acts 1883, No. 27, § 6, p. 48; C. & M. Dig., § 2292; Pope's Dig., § 2918; A.S.A. 1947, § 27-2006.
Ark. Code Ann. § 16-93-607 — AR Code / Title 16 / Chapter 93 / Subchapter 6 / Section 16-93-607
Parole eligibility - Felonies committed on or after April 1, 1983, but before January 1, 1994 - Definition
Status: in_force

(a) As used in this section, "felony" means a crime classified as Class Y felony, Class A felony, or Class B felony by the laws of this state. (b) A person who committed a felony prior to April 1, 1983, and who was convicted and incarcerated for that felony, shall be eligible for release on parole in accordance with the parole eligibility law in effect at the time the crime was committed. (c) A person who commits felonies on or after April 1, 1983, and who shall be convicted and incarcerated for that felony, shall be eligible for release on parole as follows: (1) An inmate under sentence of death or life imprisonment without parole is not eligible for release on parole but may be pardoned or have his or her sentence commuted by the Governor, as provided by law. An inmate sentenced to life imprisonment is not eligible for release on parole unless the sentence is commuted to a term of years by executive clemency. Upon commutation, the inmate is eligible for release on parole as provided in this section; (2) An inmate classified as a first offender under § 16-93-606 , except one under twenty-one (21) years of age as described in subsection (d) of this section and except one who pleads guilty or has been convicted of a Class Y felony, upon entering a correctional institution in this state under sentence from a circuit court, is not eligible for release on parole until a minimum of one-third (1/3) of the time to which the sentence is commuted by executive clemency is served, with credit for good-time allowances. However, if the trier of fact determines that a deadly weapon was used in the commission of the crime, a first offender twenty-one (21) years of age or older is not eligible for release on parole until a minimum of one-half (½) of the sentence is served, with credit for good-time allowances; (3) An inmate classified as a second offender under § 16-93-606 and one who pleads guilty or was convicted of a Class Y felony, upon entering a correctional institution in this state under sentence from a circuit court, are not eligible for release on parole until a minimum of one-half (½) of his or her sentence shall have been served, with credit for good-time allowances, or one-half (½) of the time to which the sentence is commuted by executive clemency is served, with credit for good-time allowances; (4) An inmate classified as a third offender under § 16-93-606 , upon entering a correctional institution in this state under sentence from a circuit court, is not eligible for release on parole until a minimum of three-fourths (¾) of his or her sentence shall have been served, with credit for good-time allowances, or three-fourths (¾) of the time to which the sentence is commuted by executive clemency shall have been served, with credit for good-time allowances; and (5) An inmate classified as a fourth offender under § 16-93-606 , upon entering a correctional institution in this state under sentence from a circuit court, is not eligible for parole, but he or she shall be entitled to good-time allowances as provided by law. (d) Any person under twenty-one (21) years of age who is first convicted of a felony and committed to the first offender penal institution or to the Department of Correction, as the Division of Correction was known as prior to July 1, 2019, now known as the "Division of Correction", for a term of years is eligible for parole at any time unless a minimum time to be served is imposed consisting of not more than one-third (1/3) of the total time sentenced. In the event the individual is sentenced to a minimum time to be served, he or she is eligible for release on parole after serving the minimum time prescribed, with credit for good-time allowances, and for commutation by the exercise of executive clemency. (e) (1) When any convicted felon, while on parole, is convicted of another felony, the felon is to be committed to the division to serve the remainder of his or her original sentence, including any portion suspended, with credit for good-time allowances. Upon conviction for the subsequent felony, the court shall require the sentence for the subsequent felony to be served consecutively with the sentence for the previous felony. (2) Any person found guilty of a felony and placed on probation or suspended sentence therefor who is subsequently found guilty of another felony committed while on probation or suspended sentence is to be committed to the division to serve the remainder of his or her suspended sentence plus the sentence imposed for the subsequent felony. The sentence imposed for the subsequent felony is to be served consecutively with the remainder of the suspended sentence. (f) For parole eligibility purposes, consecutive sentences by one (1) or more courts or for one (1) or more counts are to be considered as a single commitment reflecting the cumulative sentence to be served. (g) Nothing in this section shall be construed to reduce, lessen, or in any manner take away or affect the good-time allowances earned by any individual prior to April 1, 1983. Amended by Act 2019, No. 910,§ 910, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 909, eff. 7/1/2019. Acts 1983, No. 825, §§ 1, 3; A.S.A. 1947, §§ 43-2830.1, 43-2830.3; Acts 2011, No. 570, § 94.

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

(b) A person who committed a felony prior to April 1, 1983, and who was convicted and incarcerated for that felony, shall be eligible for release on parole in accordance with the parole eligibility law in effect at the time the crime was committed.

(c) A person who commits felonies on or after April 1, 1983, and who shall be convicted and incarcerated for that felony, shall be eligible for release on parole as follows: (1) An inmate under sentence of death or life imprisonment without parole is not eligible for release on parole but may be pardoned or have his or her sentence commuted by the Governor, as provided by law. An inmate sentenced to life imprisonment is not eligible for release on parole unless the sentence is commuted to a term of years by executive clemency. Upon commutation, the inmate is eligible for release on parole as provided in this section; (2) An inmate classified as a first offender under § 16-93-606 , except one under twenty-one (21) years of age as described in subsection (d) of this section and except one who pleads guilty or has been convicted of a Class Y felony, upon entering a correctional institution in this state under sentence from a circuit court, is not eligible for release on parole until a minimum of one-third (1/3) of the time to which the sentence is commuted by executive clemency is served, with credit for good-time allowances. However, if the trier of fact determines that a deadly weapon was used in the commission of the crime, a first offender twenty-one (21) years of age or older is not eligible for release on parole until a minimum of one-half (½) of the sentence is served, with credit for good-time allowances; (3) An inmate classified as a second offender under § 16-93-606 and one who pleads guilty or was convicted of a Class Y felony, upon entering a correctional institution in this state under sentence from a circuit court, are not eligible for release on parole until a minimum of one-half (½) of his or her sentence shall have been served, with credit for good-time allowances, or one-half (½) of the time to which the sentence is commuted by executive clemency is served, with credit for good-time allowances; (4) An inmate classified as a third offender under § 16-93-606 , upon entering a correctional institution in this state under sentence from a circuit court, is not eligible for release on parole until a minimum of three-fourths (¾) of his or her sentence shall have been served, with credit for good-time allowances, or three-fourths (¾) of the time to which the sentence is commuted by executive clemency shall have been served, with credit for good-time allowances; and (5) An inmate classified as a fourth offender under § 16-93-606 , upon entering a correctional institution in this state under sentence from a circuit court, is not eligible for parole, but he or she shall be entitled to good-time allowances as provided by law.

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

(2) An inmate classified as a first offender under § 16-93-606 , except one under twenty-one (21) years of age as described in subsection (d) of this section and except one who pleads guilty or has been convicted of a Class Y felony, upon entering a correctional institution in this state under sentence from a circuit court, is not eligible for release on parole until a minimum of one-third (1/3) of the time to which the sentence is commuted by executive clemency is served, with credit for good-time allowances. However, if the trier of fact determines that a deadly weapon was used in the commission of the crime, a first offender twenty-one (21) years of age or older is not eligible for release on parole until a minimum of one-half (½) of the sentence is served, with credit for good-time allowances;

(3) An inmate classified as a second offender under § 16-93-606 and one who pleads guilty or was convicted of a Class Y felony, upon entering a correctional institution in this state under sentence from a circuit court, are not eligible for release on parole until a minimum of one-half (½) of his or her sentence shall have been served, with credit for good-time allowances, or one-half (½) of the time to which the sentence is commuted by executive clemency is served, with credit for good-time allowances;

(4) An inmate classified as a third offender under § 16-93-606 , upon entering a correctional institution in this state under sentence from a circuit court, is not eligible for release on parole until a minimum of three-fourths (¾) of his or her sentence shall have been served, with credit for good-time allowances, or three-fourths (¾) of the time to which the sentence is commuted by executive clemency shall have been served, with credit for good-time allowances; and

(5) An inmate classified as a fourth offender under § 16-93-606 , upon entering a correctional institution in this state under sentence from a circuit court, is not eligible for parole, but he or she shall be entitled to good-time allowances as provided by law.

(d) Any person under twenty-one (21) years of age who is first convicted of a felony and committed to the first offender penal institution or to the Department of Correction, as the Division of Correction was known as prior to July 1, 2019, now known as the "Division of Correction", for a term of years is eligible for parole at any time unless a minimum time to be served is imposed consisting of not more than one-third (1/3) of the total time sentenced. In the event the individual is sentenced to a minimum time to be served, he or she is eligible for release on parole after serving the minimum time prescribed, with credit for good-time allowances, and for commutation by the exercise of executive clemency.

(e) (1) When any convicted felon, while on parole, is convicted of another felony, the felon is to be committed to the division to serve the remainder of his or her original sentence, including any portion suspended, with credit for good-time allowances. Upon conviction for the subsequent felony, the court shall require the sentence for the subsequent felony to be served consecutively with the sentence for the previous felony. (2) Any person found guilty of a felony and placed on probation or suspended sentence therefor who is subsequently found guilty of another felony committed while on probation or suspended sentence is to be committed to the division to serve the remainder of his or her suspended sentence plus the sentence imposed for the subsequent felony. The sentence imposed for the subsequent felony is to be served consecutively with the remainder of the suspended sentence.

(1) When any convicted felon, while on parole, is convicted of another felony, the felon is to be committed to the division to serve the remainder of his or her original sentence, including any portion suspended, with credit for good-time allowances. Upon conviction for the subsequent felony, the court shall require the sentence for the subsequent felony to be served consecutively with the sentence for the previous felony.

(2) Any person found guilty of a felony and placed on probation or suspended sentence therefor who is subsequently found guilty of another felony committed while on probation or suspended sentence is to be committed to the division to serve the remainder of his or her suspended sentence plus the sentence imposed for the subsequent felony. The sentence imposed for the subsequent felony is to be served consecutively with the remainder of the suspended sentence.

(f) For parole eligibility purposes, consecutive sentences by one (1) or more courts or for one (1) or more counts are to be considered as a single commitment reflecting the cumulative sentence to be served.

(g) Nothing in this section shall be construed to reduce, lessen, or in any manner take away or affect the good-time allowances earned by any individual prior to April 1, 1983.

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

Amended by Act 2019, No. 910,§ 909, eff. 7/1/2019.

Acts 1983, No. 825, §§ 1, 3; A.S.A. 1947, §§ 43-2830.1, 43-2830.3; Acts 2011, No. 570, § 94.
Ark. Code Ann. § 16-15-111 — AR Code / Title 16 / Chapter 15 / Section 16-15-111
Disqualification of judges
Status: in_force

No judge of the county court shall sit on the determination of any case in which he or she is interested in the outcome, is related to any party within the third degree of consanguinity or affinity, has been of counsel, or is otherwise disqualified under the Arkansas Code of Judicial Conduct, unless the parties waive the disqualification as provided therein. Rev. Stat., ch. 43, § 24; C. & M. Dig., §§ 2107, 6400; Pope's Dig., §§ 2711, 8362; A.S.A. 1947, § 22-113; Acts 2003, No. 1185, § 100.

No judge of the county court shall sit on the determination of any case in which he or she is interested in the outcome, is related to any party within the third degree of consanguinity or affinity, has been of counsel, or is otherwise disqualified under the Arkansas Code of Judicial Conduct, unless the parties waive the disqualification as provided therein.

Rev. Stat., ch. 43, § 24; C. & M. Dig., §§ 2107, 6400; Pope's Dig., §§ 2711, 8362; A.S.A. 1947, § 22-113; Acts 2003, No. 1185, § 100.
Ark. Code Ann. § 16-90-1111 — AR Code / Title 16 / Chapter 90 / Subchapter 11 / Section 16-90-1111
Presentence report
Status: in_force

In preparing a presentence report, the person preparing the report shall make a reasonable effort to confer with the victim. If the victim is not available or declines to confer, the person preparing the report shall record that information in the report. Acts 1997, No. 1262, § 11.

In preparing a presentence report, the person preparing the report shall make a reasonable effort to confer with the victim. If the victim is not available or declines to confer, the person preparing the report shall record that information in the report.

Acts 1997, No. 1262, § 11.
Ark. Code Ann. § 16-105-305 — AR Code / Title 16 / Chapter 105 / Subchapter 3 / Section 16-105-305
Petition for abatement
Status: in_force

(a) Whenever a public nuisance, as defined in this subchapter, is kept, maintained, carried on, or exists in any county in this state, a bill or petition may be filed in any circuit court of the county, in the name of the State of Arkansas, by and upon the relation of any person named in § 16-105-304 against the person or persons keeping, maintaining, or carrying on the public nuisance, and all aiders and abettors therein, and the owners, proprietors, or agents or persons or corporations, in charge or control of the building or place wherein the public nuisance exists, for the purpose of having the public nuisance abated and permanently discontinued. (b) However, when the bill or petition is filed by electors and freeholders, they shall make bond in such sums as the circuit court shall prescribe, conditioned to pay all costs and damages, in the event the circuit court trying the case shall find and adjudge that the proceeding was instituted without probable cause. No bond for costs or damages shall be required when the proceeding is instituted by and upon the relation of the Attorney General or a prosecuting attorney for the state. Acts 1937, No. 118, § 4; Pope's Dig., § 10912; A.S.A. 1947, § 34-114; Acts 2003, No. 1185, § 222.

(a) Whenever a public nuisance, as defined in this subchapter, is kept, maintained, carried on, or exists in any county in this state, a bill or petition may be filed in any circuit court of the county, in the name of the State of Arkansas, by and upon the relation of any person named in § 16-105-304 against the person or persons keeping, maintaining, or carrying on the public nuisance, and all aiders and abettors therein, and the owners, proprietors, or agents or persons or corporations, in charge or control of the building or place wherein the public nuisance exists, for the purpose of having the public nuisance abated and permanently discontinued.

(b) However, when the bill or petition is filed by electors and freeholders, they shall make bond in such sums as the circuit court shall prescribe, conditioned to pay all costs and damages, in the event the circuit court trying the case shall find and adjudge that the proceeding was instituted without probable cause. No bond for costs or damages shall be required when the proceeding is instituted by and upon the relation of the Attorney General or a prosecuting attorney for the state.

Acts 1937, No. 118, § 4; Pope's Dig., § 10912; A.S.A. 1947, § 34-114; Acts 2003, No. 1185, § 222.
Ark. Code Ann. § 16-65-109 — AR Code / Title 16 / Chapter 65 / Subchapter 1 / Section 16-65-109
Entry of judgment
Status: in_force

(a) When a trial by a jury has been had, judgment must be entered by the clerk in conformity with the verdict, unless it is special or the court orders the case to be reserved for future argument or consideration. (b) When the verdict is special, where there has been a special finding upon particular questions of fact or where the court has ordered the case to be reserved, the court shall order what judgment shall be entered. Civil Code, §§ 416, 417; C. & M. Dig., §§ 6271, 6272; Pope's Dig., §§ 8227, 8228; A.S.A. 1947, §§ 29-109, 29-110.

(a) When a trial by a jury has been had, judgment must be entered by the clerk in conformity with the verdict, unless it is special or the court orders the case to be reserved for future argument or consideration.

(b) When the verdict is special, where there has been a special finding upon particular questions of fact or where the court has ordered the case to be reserved, the court shall order what judgment shall be entered.

Civil Code, §§ 416, 417; C. & M. Dig., §§ 6271, 6272; Pope's Dig., §§ 8227, 8228; A.S.A. 1947, §§ 29-109, 29-110.
Ark. Code Ann. § 16-61-212 — AR Code / Title 16 / Chapter 61 / Subchapter 2 / Section 16-61-212
Emergency clause
Status: in_force

Because the passage of this subchapter will invite parties litigant to pursue dilatory tactics in the courts of this state until its effective date in order that they may take advantage of its provisions, contrary to the public health, safety, and welfare, an emergency is hereby declared to exist and this subchapter shall take effect and be in full force from and after its passage and approval. Acts 1941, No. 315, § 12; A.S.A. 1947, § 34-1009n.

Because the passage of this subchapter will invite parties litigant to pursue dilatory tactics in the courts of this state until its effective date in order that they may take advantage of its provisions, contrary to the public health, safety, and welfare, an emergency is hereby declared to exist and this subchapter shall take effect and be in full force from and after its passage and approval.

Acts 1941, No. 315, § 12; A.S.A. 1947, § 34-1009n.