Ark. Code Ann. § 16-129-103 — AR Code / Title 16 / Chapter 129 / Section 16-129-103
Civil action
Status: in_force

(a) In this section: (1) "Harm" includes physical harm, economic harm, and emotional distress whether or not accompanied by physical or economic harm. (2) "Private" means: (A) created or obtained under circumstances in which a depicted individual had a reasonable expectation of privacy; or (B) made accessible through an unlawful act. (b) Except as otherwise provided in § 16-129-104 , a depicted individual who is identifiable and who suffers harm from a person's intentional disclosure of an intimate image that was private without the depicted individual's consent has a cause of action against the person if the person knew or acted with reckless disregard for whether: (1) the depicted individual did not consent to the disclosure; (2) the intimate image was private; and (3) the depicted individual was identifiable. (c) The following conduct by a depicted individual does not establish by itself that the individual consented to the disclosure of the intimate image which is the subject of an action under this chapter or that the individual lacked a reasonable expectation of privacy: (1) consent to creation of the image; or (2) previous consensual disclosure of the image. (d) A depicted individual who does not consent to the sexual conduct or uncovering of the part of the body depicted in an intimate image of the individual retains a reasonable expectation of privacy even if the image was created when the individual was in a public place. Added by Act 2021, No. 420,§ 1, eff. 7/28/2021.

(a) In this section: (1) "Harm" includes physical harm, economic harm, and emotional distress whether or not accompanied by physical or economic harm. (2) "Private" means: (A) created or obtained under circumstances in which a depicted individual had a reasonable expectation of privacy; or (B) made accessible through an unlawful act.

(1) "Harm" includes physical harm, economic harm, and emotional distress whether or not accompanied by physical or economic harm.

(2) "Private" means: (A) created or obtained under circumstances in which a depicted individual had a reasonable expectation of privacy; or (B) made accessible through an unlawful act.

(A) created or obtained under circumstances in which a depicted individual had a reasonable expectation of privacy; or

(B) made accessible through an unlawful act.

(b) Except as otherwise provided in § 16-129-104 , a depicted individual who is identifiable and who suffers harm from a person's intentional disclosure of an intimate image that was private without the depicted individual's consent has a cause of action against the person if the person knew or acted with reckless disregard for whether: (1) the depicted individual did not consent to the disclosure; (2) the intimate image was private; and (3) the depicted individual was identifiable.

(1) the depicted individual did not consent to the disclosure;

(2) the intimate image was private; and

(3) the depicted individual was identifiable.

(c) The following conduct by a depicted individual does not establish by itself that the individual consented to the disclosure of the intimate image which is the subject of an action under this chapter or that the individual lacked a reasonable expectation of privacy: (1) consent to creation of the image; or (2) previous consensual disclosure of the image.

(1) consent to creation of the image; or

(2) previous consensual disclosure of the image.

(d) A depicted individual who does not consent to the sexual conduct or uncovering of the part of the body depicted in an intimate image of the individual retains a reasonable expectation of privacy even if the image was created when the individual was in a public place.

Added by Act 2021, No. 420,§ 1, eff. 7/28/2021.
Ark. Code Ann. § 16-17-904 — AR Code / Title 16 / Chapter 17 / Subchapter 9 / Section 16-17-904
[Repealed]
Status: repealed

Repealed by Act 2023, No. 685,§ 1, eff. 1/1/2025. Amended by Act 2017, No. 723,§ 1, eff. 8/1/2017. Acts 2003, No. 1727, § 4; 2005, No. 72, § 2; Acts 2007, No. 663, § 40.

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

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

Acts 2003, No. 1727, § 4; 2005, No. 72, § 2; Acts 2007, No. 663, § 40.
Ark. Code Ann. § 16-108-102 — AR Code / Title 16 / Chapter 108 / Subchapter 1 / Section 16-108-102
Submission of controversy
Status: in_force

(a) All controversies which might be the subject of a suit or action may be submitted to the decision of one (1) or more arbitrators, or to two (2) and their umpire, in the manner provided in this subchapter. (b) Parties may make submission by rule of any court having jurisdiction of the subject matter or by consent, in vacation. The parties making the submission shall, where there is no suit or action pending, by written agreement filed and noted on the record or by an entry on the record, state what matter is submitted. (c) The rule of the court shall state the time in which the award is to be made and returned. The court may enlarge the time for making and returning an award. Civil Code, § 494; C. & M. Dig., §§ 415-418; Pope's Dig., §§ 452-455; A.S.A. 1947, § 34-502.

(a) All controversies which might be the subject of a suit or action may be submitted to the decision of one (1) or more arbitrators, or to two (2) and their umpire, in the manner provided in this subchapter.

(b) Parties may make submission by rule of any court having jurisdiction of the subject matter or by consent, in vacation. The parties making the submission shall, where there is no suit or action pending, by written agreement filed and noted on the record or by an entry on the record, state what matter is submitted.

(c) The rule of the court shall state the time in which the award is to be made and returned. The court may enlarge the time for making and returning an award.

Civil Code, § 494; C. & M. Dig., §§ 415-418; Pope's Dig., §§ 452-455; A.S.A. 1947, § 34-502.
Ark. Code Ann. § 16-10-204 — AR Code / Title 16 / Chapter 10 / Subchapter 2 / Section 16-10-204
Bank accounts for court funds
Status: in_force

(a) (1) Each municipal police department and each city or town marshal shall maintain court funds separately in depositories approved for those specific purposes by law. (2) Court funds must be deposited into an account styled "(Name of Municipality) Police Department Bond and Fine Account", and the funds shall be disbursed only on the signature of the chief of police or marshal of the municipality and the signature of one (1) other authorized person. (b) (1) Each office of county sheriff shall maintain court funds separately in depositories approved for those specific purposes by law. (2) Court funds must be deposited into an account styled "(Name of County) County Sheriff's Bond and Fine Account", and the funds shall be disbursed only on the signature of the sheriff of the county and the signature of one (1) other authorized person. (c) (1) Each court shall maintain court funds separately in depositories approved for those specific purposes by law. (2) Court funds must be deposited into an account styled "(Name of Court) Court Account", and the funds shall be disbursed only upon the signature of the court clerk and the signature of one (1) other person to be authorized by the court's presiding judge. (d) All disbursements from the accounts in this section must be evidenced by prenumbered checks. (e) Subsections (a) and (b) of this section do not apply if the court clerk has been designated to be primarily responsible for the collection of fines under § 16-13-709 . Acts 1977, No. 332, § 3; A.S.A. 1947, § 22-1103; Acts 2011, No. 1174, § 2.

(a) (1) Each municipal police department and each city or town marshal shall maintain court funds separately in depositories approved for those specific purposes by law. (2) Court funds must be deposited into an account styled "(Name of Municipality) Police Department Bond and Fine Account", and the funds shall be disbursed only on the signature of the chief of police or marshal of the municipality and the signature of one (1) other authorized person.

(1) Each municipal police department and each city or town marshal shall maintain court funds separately in depositories approved for those specific purposes by law.

(2) Court funds must be deposited into an account styled "(Name of Municipality) Police Department Bond and Fine Account", and the funds shall be disbursed only on the signature of the chief of police or marshal of the municipality and the signature of one (1) other authorized person.

(b) (1) Each office of county sheriff shall maintain court funds separately in depositories approved for those specific purposes by law. (2) Court funds must be deposited into an account styled "(Name of County) County Sheriff's Bond and Fine Account", and the funds shall be disbursed only on the signature of the sheriff of the county and the signature of one (1) other authorized person.

(1) Each office of county sheriff shall maintain court funds separately in depositories approved for those specific purposes by law.

(2) Court funds must be deposited into an account styled "(Name of County) County Sheriff's Bond and Fine Account", and the funds shall be disbursed only on the signature of the sheriff of the county and the signature of one (1) other authorized person.

(c) (1) Each court shall maintain court funds separately in depositories approved for those specific purposes by law. (2) Court funds must be deposited into an account styled "(Name of Court) Court Account", and the funds shall be disbursed only upon the signature of the court clerk and the signature of one (1) other person to be authorized by the court's presiding judge.

(1) Each court shall maintain court funds separately in depositories approved for those specific purposes by law.

(2) Court funds must be deposited into an account styled "(Name of Court) Court Account", and the funds shall be disbursed only upon the signature of the court clerk and the signature of one (1) other person to be authorized by the court's presiding judge.

(d) All disbursements from the accounts in this section must be evidenced by prenumbered checks.

(e) Subsections (a) and (b) of this section do not apply if the court clerk has been designated to be primarily responsible for the collection of fines under § 16-13-709 .

Acts 1977, No. 332, § 3; A.S.A. 1947, § 22-1103; Acts 2011, No. 1174, § 2.
Ark. Code Ann. § 16-17-224 — AR Code / Title 16 / Chapter 17 / Subchapter 2 / Section 16-17-224
Manner of service of summons and other process
Status: in_force

(a) All summons and other process in any civil cause pending in any district court shall be served in accordance with rules promulgated by the Supreme Court. (b) Where an arrest for a violation of state law committed within the township wherein the court sits is made upon a warrant filed by the prosecuting attorney or his or her deputy, such warrant to arrest shall be directed to the constable of the township or the sheriff of the county wherein the court sits. Where a warrant for arrest is issued for a violation of state law committed outside the township wherein the court sits but in a county subject to this subchapter, upon an information filed by the prosecuting attorney or his or her deputy, the warrant of arrest shall be directed to the sheriff of the county, and all other process in the proceeding shall be directed to the sheriff. However, any sheriff or constable of any township in a county subject to this subchapter may arrest an offender for a violation of any state law committed anywhere in the county and may bring the offender before the district court for trial, and that officer shall serve all process in the cause. (c) The chief of police and his or her assistants shall serve all process for violations of city ordinances of the city wherein the district court sits and shall serve all criminal process for violations of state laws inside the city limits of a city subject to this subchapter, where the arrest is made by a police officer of the city or the information is filed by the city attorney of the city. Acts 1927, No. 60, § 25; Pope's Dig., § 9921; Acts 1953, No. 346, § 1; 1979, No. 913, § 1; A.S.A. 1947, §§ 22-730, 22-730.1; Acts 2003, No. 1185, § 132.

(a) All summons and other process in any civil cause pending in any district court shall be served in accordance with rules promulgated by the Supreme Court.

(b) Where an arrest for a violation of state law committed within the township wherein the court sits is made upon a warrant filed by the prosecuting attorney or his or her deputy, such warrant to arrest shall be directed to the constable of the township or the sheriff of the county wherein the court sits. Where a warrant for arrest is issued for a violation of state law committed outside the township wherein the court sits but in a county subject to this subchapter, upon an information filed by the prosecuting attorney or his or her deputy, the warrant of arrest shall be directed to the sheriff of the county, and all other process in the proceeding shall be directed to the sheriff. However, any sheriff or constable of any township in a county subject to this subchapter may arrest an offender for a violation of any state law committed anywhere in the county and may bring the offender before the district court for trial, and that officer shall serve all process in the cause.

(c) The chief of police and his or her assistants shall serve all process for violations of city ordinances of the city wherein the district court sits and shall serve all criminal process for violations of state laws inside the city limits of a city subject to this subchapter, where the arrest is made by a police officer of the city or the information is filed by the city attorney of the city.

Acts 1927, No. 60, § 25; Pope's Dig., § 9921; Acts 1953, No. 346, § 1; 1979, No. 913, § 1; A.S.A. 1947, §§ 22-730, 22-730.1; Acts 2003, No. 1185, § 132.
Ark. Code Ann. § 16-100-201 — AR Code / Title 16 / Chapter 100 / Subchapter 2 / Section 16-100-201
Authorization - Evaluation - Restriction on services and treatment
Status: in_force

(a) A judicial district may establish a mental health specialty court program, which shall consist of at least one (1) mental health specialty court, subject to approval by the Supreme Court in the administrative plan submitted under Supreme Court Administrative Order No. 14. (b) A mental health specialty court program authorized under this subchapter is also subject to evaluation by the Specialty Court Program Advisory Committee under § 16-10-139 . (c) (1) A mental health specialty court may not order any services or mental health treatment under this subchapter unless: (A) An administrative and programmatic appropriation has been made for services or mental health treatment under this subchapter; (B) Administrative and programmatic funding is available for services or mental health treatment under this subchapter; and (C) Administrative and programmatic positions have been authorized for services or mental health treatment under this subchapter. (2) If the requirements of subdivision (c)(1) of this section are not met, a mental health specialty court may still order services or mental health treatment if the provider waives payment, or if the mental health specialty court program participant has private insurance that will pay for the services or mental health treatment. Added by Act 2017, No. 506,§ 1, eff. 8/1/2017.

(a) A judicial district may establish a mental health specialty court program, which shall consist of at least one (1) mental health specialty court, subject to approval by the Supreme Court in the administrative plan submitted under Supreme Court Administrative Order No. 14.

(b) A mental health specialty court program authorized under this subchapter is also subject to evaluation by the Specialty Court Program Advisory Committee under § 16-10-139 .

(c) (1) A mental health specialty court may not order any services or mental health treatment under this subchapter unless: (A) An administrative and programmatic appropriation has been made for services or mental health treatment under this subchapter; (B) Administrative and programmatic funding is available for services or mental health treatment under this subchapter; and (C) Administrative and programmatic positions have been authorized for services or mental health treatment under this subchapter. (2) If the requirements of subdivision (c)(1) of this section are not met, a mental health specialty court may still order services or mental health treatment if the provider waives payment, or if the mental health specialty court program participant has private insurance that will pay for the services or mental health treatment.

(1) A mental health specialty court may not order any services or mental health treatment under this subchapter unless: (A) An administrative and programmatic appropriation has been made for services or mental health treatment under this subchapter; (B) Administrative and programmatic funding is available for services or mental health treatment under this subchapter; and (C) Administrative and programmatic positions have been authorized for services or mental health treatment under this subchapter.

(A) An administrative and programmatic appropriation has been made for services or mental health treatment under this subchapter;

(B) Administrative and programmatic funding is available for services or mental health treatment under this subchapter; and

(C) Administrative and programmatic positions have been authorized for services or mental health treatment under this subchapter.

(2) If the requirements of subdivision (c)(1) of this section are not met, a mental health specialty court may still order services or mental health treatment if the provider waives payment, or if the mental health specialty court program participant has private insurance that will pay for the services or mental health treatment.

Added by Act 2017, No. 506,§ 1, eff. 8/1/2017.
Ark. Code Ann. § 16-91-103 — AR Code / Title 16 / Chapter 91 / Subchapter 1 / Section 16-91-103
Precedence
Status: in_force

Appeals in criminal cases shall take precedence over all other business of the Supreme Court and shall be placed first upon the docket for trial. Crim. Code, § 349; C. & M. Dig., § 3431; Pope's Dig., § 4274; A.S.A. 1947, § 43-2702.

Appeals in criminal cases shall take precedence over all other business of the Supreme Court and shall be placed first upon the docket for trial.

Crim. Code, § 349; C. & M. Dig., § 3431; Pope's Dig., § 4274; A.S.A. 1947, § 43-2702.
Ark. Code Ann. § 16-13-708 — AR Code / Title 16 / Chapter 13 / Subchapter 7 / Section 16-13-708
Revocation of registration or license
Status: in_force

(a) (1) A court may request in writing and under certification that the Department of Finance and Administration revoke, suspend, or refuse to renew the motor vehicle registration or driver's license of a person who has failed to make satisfactory arrangements for the payment of a court-ordered fine. (2) However, the court shall not make a request to the department as described under subdivision (a)(1) of this section before the court has scheduled a hearing to address the person's nonpayment of the court-ordered fine and the person has failed to appear at the hearing. (3) The court may issue an order for a restricted driving permit in accordance with § 27-16-916 . (b) For driver's license revocation, suspension, or nonrenewal, the court must provide the department with the reason for the revocation, suspension, or nonrenewal, the amount the person owes the court, and the person's full name, date of birth, and last known address. (c) For motor vehicle registration revocation, suspension, or nonrenewal, the court must provide the department with the reason for the revocation, suspension, or nonrenewal, the amount the person owes the court, and the person's full name and the license plate number or vehicle identification number of the person's vehicle. (d) (1) An acquittal or a dismissal of a charge of failure to pay a fine or failure to appear at a hearing to address nonpayment of a fine that is used as the basis to revoke, suspend, or refuse to renew the person's driver's license or motor vehicle registration shall reverse the revocation of, suspension of, or refusal to renew the person's driver's license or motor vehicle registration under this section. (2) Upon an acquittal or dismissal of a charge as described in subdivision (d)(1) of this section, the Office of Driver Services shall reinstate the person's driver's license or motor vehicle registration without charging a reinstatement fee, and the charge shall not be used to determine the number of previous offenses when administratively revoking, suspending, or refusing to renew the person's driver's license in the future. Amended by Act 2021, No. 1049,§ 1, eff. 7/28/2021. Acts 1995, No. 1262, § 8.

(a) (1) A court may request in writing and under certification that the Department of Finance and Administration revoke, suspend, or refuse to renew the motor vehicle registration or driver's license of a person who has failed to make satisfactory arrangements for the payment of a court-ordered fine. (2) However, the court shall not make a request to the department as described under subdivision (a)(1) of this section before the court has scheduled a hearing to address the person's nonpayment of the court-ordered fine and the person has failed to appear at the hearing. (3) The court may issue an order for a restricted driving permit in accordance with § 27-16-916 .

(1) A court may request in writing and under certification that the Department of Finance and Administration revoke, suspend, or refuse to renew the motor vehicle registration or driver's license of a person who has failed to make satisfactory arrangements for the payment of a court-ordered fine.

(2) However, the court shall not make a request to the department as described under subdivision (a)(1) of this section before the court has scheduled a hearing to address the person's nonpayment of the court-ordered fine and the person has failed to appear at the hearing.

(3) The court may issue an order for a restricted driving permit in accordance with § 27-16-916 .

(b) For driver's license revocation, suspension, or nonrenewal, the court must provide the department with the reason for the revocation, suspension, or nonrenewal, the amount the person owes the court, and the person's full name, date of birth, and last known address.

(c) For motor vehicle registration revocation, suspension, or nonrenewal, the court must provide the department with the reason for the revocation, suspension, or nonrenewal, the amount the person owes the court, and the person's full name and the license plate number or vehicle identification number of the person's vehicle.

(d) (1) An acquittal or a dismissal of a charge of failure to pay a fine or failure to appear at a hearing to address nonpayment of a fine that is used as the basis to revoke, suspend, or refuse to renew the person's driver's license or motor vehicle registration shall reverse the revocation of, suspension of, or refusal to renew the person's driver's license or motor vehicle registration under this section. (2) Upon an acquittal or dismissal of a charge as described in subdivision (d)(1) of this section, the Office of Driver Services shall reinstate the person's driver's license or motor vehicle registration without charging a reinstatement fee, and the charge shall not be used to determine the number of previous offenses when administratively revoking, suspending, or refusing to renew the person's driver's license in the future.

(1) An acquittal or a dismissal of a charge of failure to pay a fine or failure to appear at a hearing to address nonpayment of a fine that is used as the basis to revoke, suspend, or refuse to renew the person's driver's license or motor vehicle registration shall reverse the revocation of, suspension of, or refusal to renew the person's driver's license or motor vehicle registration under this section.

(2) Upon an acquittal or dismissal of a charge as described in subdivision (d)(1) of this section, the Office of Driver Services shall reinstate the person's driver's license or motor vehicle registration without charging a reinstatement fee, and the charge shall not be used to determine the number of previous offenses when administratively revoking, suspending, or refusing to renew the person's driver's license in the future.

Amended by Act 2021, No. 1049,§ 1, eff. 7/28/2021.

Acts 1995, No. 1262, § 8.
Ark. Code Ann. § 16-55-210 — AR Code / Title 16 / Chapter 55 / Subchapter 2 / Section 16-55-210
No limitation on certain judicial duties
Status: in_force

Nothing in § 16-55-201 et seq. and §§ 16-114-206(a) , 16-114-208(a) , 16-114-208(c)(1) , 16-114-209 , and 16-114-210 - 16-114-212 shall limit the duty of a court or the appellate courts to: (1) Scrutinize all punitive damages awards; (2) Ensure that all punitive damages awards comply with applicable procedural, evidentiary, and constitutional requirements; and (3) Order remittitur where appropriate. Acts 2003, No. 649, § 13.

Nothing in § 16-55-201 et seq. and §§ 16-114-206(a) , 16-114-208(a) , 16-114-208(c)(1) , 16-114-209 , and 16-114-210 - 16-114-212 shall limit the duty of a court or the appellate courts to:

(1) Scrutinize all punitive damages awards;

(2) Ensure that all punitive damages awards comply with applicable procedural, evidentiary, and constitutional requirements; and

(3) Order remittitur where appropriate.

Acts 2003, No. 649, § 13.
Ark. Code Ann. § 16-93-619 — AR Code / Title 16 / Chapter 93 / Subchapter 6 / Section 16-93-619
Rulemaking authority
Status: in_force

The Post-Prison Transfer Board may adopt rules to implement, administer, and enforce this subchapter. Amended by Act 2023, No. 659,§ 194, eff. 1/1/2024. Added by Act 2015, No. 609,§ 4, eff. 7/22/2015.

The Post-Prison Transfer Board may adopt rules to implement, administer, and enforce this subchapter.

Amended by Act 2023, No. 659,§ 194, eff. 1/1/2024.

Added by Act 2015, No. 609,§ 4, eff. 7/22/2015.
Ark. Code Ann. § 16-120-1004 — AR Code / Title 16 / Chapter 120 / Subchapter 10 / Section 16-120-1004
Exclusions
Status: in_force

This subchapter does not: (1) Apply to a relationship between an employer and an employee under the Workers' Compensation Law, § 11-9-101 et seq.; or (2) Prevent or limit the liability of a bicycle outfitter or the bicycle outfitter's agent that: (A) Intentionally injures a participant; (B) Commits an act or omission of gross negligence concerning the safety of a participant that proximately causes injury to or the death of the participant; (C) Provides an unsafe bicycle to a participant and knew or should have known that the bicycle was unsafe to the extent that it could cause an injury; (D) Fails to provide a participant with a bicycle that meets the equipment and manufacturing requirements for bicycles adopted by the United States Consumer Product Safety Commission under 16 C.F.R. Part 1512, as it existed on January 1, 2017; (E) Fails to use the degree of care that an ordinarily careful and prudent person would use under the same or similar circumstances; or (F) Commits other acts, errors, or omissions that constitute willful or wanton misconduct, gross negligence, or criminal conduct that proximately causes injury, damage, or death. Amended by Act 2021, No. 475,§ 23, eff. 7/28/2021. Added by Act 2019, No. 573,§ 1, eff. 7/24/2019.

This subchapter does not:

(1) Apply to a relationship between an employer and an employee under the Workers' Compensation Law, § 11-9-101 et seq.; or

(2) Prevent or limit the liability of a bicycle outfitter or the bicycle outfitter's agent that: (A) Intentionally injures a participant; (B) Commits an act or omission of gross negligence concerning the safety of a participant that proximately causes injury to or the death of the participant; (C) Provides an unsafe bicycle to a participant and knew or should have known that the bicycle was unsafe to the extent that it could cause an injury; (D) Fails to provide a participant with a bicycle that meets the equipment and manufacturing requirements for bicycles adopted by the United States Consumer Product Safety Commission under 16 C.F.R. Part 1512, as it existed on January 1, 2017; (E) Fails to use the degree of care that an ordinarily careful and prudent person would use under the same or similar circumstances; or (F) Commits other acts, errors, or omissions that constitute willful or wanton misconduct, gross negligence, or criminal conduct that proximately causes injury, damage, or death.

(A) Intentionally injures a participant;

(B) Commits an act or omission of gross negligence concerning the safety of a participant that proximately causes injury to or the death of the participant;

(C) Provides an unsafe bicycle to a participant and knew or should have known that the bicycle was unsafe to the extent that it could cause an injury;

(D) Fails to provide a participant with a bicycle that meets the equipment and manufacturing requirements for bicycles adopted by the United States Consumer Product Safety Commission under 16 C.F.R. Part 1512, as it existed on January 1, 2017;

(E) Fails to use the degree of care that an ordinarily careful and prudent person would use under the same or similar circumstances; or

(F) Commits other acts, errors, or omissions that constitute willful or wanton misconduct, gross negligence, or criminal conduct that proximately causes injury, damage, or death.

Amended by Act 2021, No. 475,§ 23, eff. 7/28/2021.

Added by Act 2019, No. 573,§ 1, eff. 7/24/2019.
Ark. Code Ann. § 16-33-301 — AR Code / Title 16 / Chapter 33 / Subchapter 3 / Section 16-33-301
Challenge to grand juror
Status: in_force

(a) Every person held to answer a criminal charge may object to the competency of anyone summoned to serve as a grand juror, before he is sworn, on the ground that he is the prosecutor or complainant upon any charge against the person or that he is a witness on the part of the prosecution and has been summoned or bound in a recognizance as such. (b) If the objection is established, the person so challenged shall be set aside and another juror summoned. Rev. Stat. ch. 45, § 60; C. & M. Dig., § 3005; Pope's Dig., § 3827; A.S.A. 1947, § 43-902.

(a) Every person held to answer a criminal charge may object to the competency of anyone summoned to serve as a grand juror, before he is sworn, on the ground that he is the prosecutor or complainant upon any charge against the person or that he is a witness on the part of the prosecution and has been summoned or bound in a recognizance as such.

(b) If the objection is established, the person so challenged shall be set aside and another juror summoned.

Rev. Stat. ch. 45, § 60; C. & M. Dig., § 3005; Pope's Dig., § 3827; A.S.A. 1947, § 43-902.
Ark. Code Ann. § 16-31-108 — AR Code / Title 16 / Chapter 31 / Section 16-31-108
Interpreters for visually impaired, Deaf, deaf, or Hard of Hearing jurors
Status: in_force

(a) (1) (A) The state, through the Administrative Office of the Courts, shall provide and pay the cost of reasonable accommodations for the Deaf, deaf, Hard of Hearing, and visually impaired when necessary to enable a person with those disabilities to act as a venireperson or juror. (B) Such accommodations may include a qualified sign language interpreter, real-time captioning, or other reasonable auxiliary aid for the Deaf, deaf, or Hard of Hearing or a reader for the visually impaired. (C) In the event the juror indicates that he or she can be accommodated by several means, the Administrative Office of the Courts may consider the cost and availability of each accommodation when deciding which to provide. (2) The interpreter, the person writing real-time captioning, and the reader, when necessary, shall be present throughout jury service, the trial, and when the jury assembles for deliberation. (b) (1) Whenever a sign language interpreter, real-time captioning, or a reader is utilized in judicial proceedings or in jury deliberations, the court will administer an oath to the interpreter, the person writing the real-time captioning, and the reader, to ensure objective and unbiased translation and complete confidentiality of the proceedings. (2) The court shall also instruct the interpreter, the person writing the real-time captioning, and the reader to make a true and complete translation of all testimony and other relevant colloquy to the best of his or her ability. (3) The court shall further instruct the interpreter, the person writing the real-time captioning, and the reader to refrain from participating in any manner in the deliberations of the jury, except for the complete translations of jurors' remarks made during deliberations. (c) The verdict of the jury shall be valid notwithstanding the presence of the interpreter during deliberations. Amended by Act 2021, No. 84,§ 10, eff. 7/28/2021. Acts 1994 (1st Ex. Sess.), No. 4, § 2; 1995, No. 897, § 1.

(a) (1) (A) The state, through the Administrative Office of the Courts, shall provide and pay the cost of reasonable accommodations for the Deaf, deaf, Hard of Hearing, and visually impaired when necessary to enable a person with those disabilities to act as a venireperson or juror. (B) Such accommodations may include a qualified sign language interpreter, real-time captioning, or other reasonable auxiliary aid for the Deaf, deaf, or Hard of Hearing or a reader for the visually impaired. (C) In the event the juror indicates that he or she can be accommodated by several means, the Administrative Office of the Courts may consider the cost and availability of each accommodation when deciding which to provide. (2) The interpreter, the person writing real-time captioning, and the reader, when necessary, shall be present throughout jury service, the trial, and when the jury assembles for deliberation.

(1) (A) The state, through the Administrative Office of the Courts, shall provide and pay the cost of reasonable accommodations for the Deaf, deaf, Hard of Hearing, and visually impaired when necessary to enable a person with those disabilities to act as a venireperson or juror. (B) Such accommodations may include a qualified sign language interpreter, real-time captioning, or other reasonable auxiliary aid for the Deaf, deaf, or Hard of Hearing or a reader for the visually impaired. (C) In the event the juror indicates that he or she can be accommodated by several means, the Administrative Office of the Courts may consider the cost and availability of each accommodation when deciding which to provide.

(A) The state, through the Administrative Office of the Courts, shall provide and pay the cost of reasonable accommodations for the Deaf, deaf, Hard of Hearing, and visually impaired when necessary to enable a person with those disabilities to act as a venireperson or juror.

(B) Such accommodations may include a qualified sign language interpreter, real-time captioning, or other reasonable auxiliary aid for the Deaf, deaf, or Hard of Hearing or a reader for the visually impaired.

(C) In the event the juror indicates that he or she can be accommodated by several means, the Administrative Office of the Courts may consider the cost and availability of each accommodation when deciding which to provide.

(2) The interpreter, the person writing real-time captioning, and the reader, when necessary, shall be present throughout jury service, the trial, and when the jury assembles for deliberation.

(b) (1) Whenever a sign language interpreter, real-time captioning, or a reader is utilized in judicial proceedings or in jury deliberations, the court will administer an oath to the interpreter, the person writing the real-time captioning, and the reader, to ensure objective and unbiased translation and complete confidentiality of the proceedings. (2) The court shall also instruct the interpreter, the person writing the real-time captioning, and the reader to make a true and complete translation of all testimony and other relevant colloquy to the best of his or her ability. (3) The court shall further instruct the interpreter, the person writing the real-time captioning, and the reader to refrain from participating in any manner in the deliberations of the jury, except for the complete translations of jurors' remarks made during deliberations.

(1) Whenever a sign language interpreter, real-time captioning, or a reader is utilized in judicial proceedings or in jury deliberations, the court will administer an oath to the interpreter, the person writing the real-time captioning, and the reader, to ensure objective and unbiased translation and complete confidentiality of the proceedings.

(2) The court shall also instruct the interpreter, the person writing the real-time captioning, and the reader to make a true and complete translation of all testimony and other relevant colloquy to the best of his or her ability.

(3) The court shall further instruct the interpreter, the person writing the real-time captioning, and the reader to refrain from participating in any manner in the deliberations of the jury, except for the complete translations of jurors' remarks made during deliberations.

(c) The verdict of the jury shall be valid notwithstanding the presence of the interpreter during deliberations.

Amended by Act 2021, No. 84,§ 10, eff. 7/28/2021.

Acts 1994 (1st Ex. Sess.), No. 4, § 2; 1995, No. 897, § 1.
Ark. Code Ann. § 16-21-1203 — AR Code / Title 16 / Chapter 21 / Subchapter 12 / Section 16-21-1203
Searcy County - Deputy prosecuting attorney
Status: in_force

Pursuant to the direction of the Prosecution Coordination Commission, a part-time deputy prosecuting attorney from any additional personnel provided to the commission by the Eighty-Fourth General Assembly, at such rates and terms as may be determined by the commission and the elected prosecuting attorney, shall be situated in the Searcy County Courthouse within the Twentieth Judicial District. Acts 2003, No. 1755, § 1.

Pursuant to the direction of the Prosecution Coordination Commission, a part-time deputy prosecuting attorney from any additional personnel provided to the commission by the Eighty-Fourth General Assembly, at such rates and terms as may be determined by the commission and the elected prosecuting attorney, shall be situated in the Searcy County Courthouse within the Twentieth Judicial District.

Acts 2003, No. 1755, § 1.
Ark. Code Ann. § 16-61-105 — AR Code / Title 16 / Chapter 61 / Subchapter 1 / Section 16-61-105
[Repealed]
Status: repealed

Repealed by Act 2013, No. 1148,§ 26, eff. 8/16/2013. Civil Code, §§ 51, 52; C. & M. Dig., §§ 1116, 1117; Pope's Dig., §§ 1332, 1333; A.S.A. 1947, §§ 27-828, 27-829.

Repealed by Act 2013, No. 1148,§ 26, eff. 8/16/2013.

Civil Code, §§ 51, 52; C. & M. Dig., §§ 1116, 1117; Pope's Dig., §§ 1332, 1333; A.S.A. 1947, §§ 27-828, 27-829.
Ark. Code Ann. § 16-93-1203 — AR Code / Title 16 / Chapter 93 / Subchapter 12 / Section 16-93-1203
Board of Corrections - Powers and duties
Status: in_force

The Board of Corrections shall have the following duties and responsibilities with regard to community correction programming: (1) Establish community correction programs to which eligible offenders may be assigned as a condition of probation, sentenced to by the trial court pursuant to this subchapter, paroled to upon release from incarceration, or transferred to after incarceration in the Division of Correction; (2) Notify the trial courts of the state having criminal jurisdiction of the availability of certified and approved community correction programs; (3) Establish standards for the monitoring, auditing, and certification of community correction programs; (4) Establish rules relating to the operation of community correction programs and the supervision of eligible offenders participating therein; (5) Promote cooperation among the courts and various law enforcement and correctional agencies of this state in the implementation of community correction programs; (6) Direct the departments, divisions, and other entities involved in the implementation of community correction options in a manner that will promote the safety and welfare of the people of this state; (7) Establish rules and procedures which shall be required or deemed appropriate for the implementation and ongoing operation of community correction; and (8) Establish minimum standards of eligibility and certification processes for all community correction programs eligible to receive offenders under this subchapter. Amended by Act 2019, No. 315,§ 1313, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 1312, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 941, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 940, eff. 7/1/2019. Acts 1993, No. 531, § 4; 1993, No. 548, § 4; 2005, No. 1994, § 287.

The Board of Corrections shall have the following duties and responsibilities with regard to community correction programming:

(1) Establish community correction programs to which eligible offenders may be assigned as a condition of probation, sentenced to by the trial court pursuant to this subchapter, paroled to upon release from incarceration, or transferred to after incarceration in the Division of Correction;

(2) Notify the trial courts of the state having criminal jurisdiction of the availability of certified and approved community correction programs;

(3) Establish standards for the monitoring, auditing, and certification of community correction programs;

(4) Establish rules relating to the operation of community correction programs and the supervision of eligible offenders participating therein;

(5) Promote cooperation among the courts and various law enforcement and correctional agencies of this state in the implementation of community correction programs;

(6) Direct the departments, divisions, and other entities involved in the implementation of community correction options in a manner that will promote the safety and welfare of the people of this state;

(7) Establish rules and procedures which shall be required or deemed appropriate for the implementation and ongoing operation of community correction; and

(8) Establish minimum standards of eligibility and certification processes for all community correction programs eligible to receive offenders under this subchapter.

Amended by Act 2019, No. 315,§ 1313, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 1312, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 941, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 940, eff. 7/1/2019.

Acts 1993, No. 531, § 4; 1993, No. 548, § 4; 2005, No. 1994, § 287.
Ark. Code Ann. § 16-10-207 — AR Code / Title 16 / Chapter 10 / Subchapter 2 / Section 16-10-207
Police department and marshals' and sheriffs' offices - Activities and clerical duties required
Status: in_force

The following activities and clerical duties relating to court functions shall be required of all police departments, city or town marshals, and sheriffs' offices: (1) Preparation and Submission of Arrest Report. (A) Separate arrest reports shall be prepared for city cases and county cases. (B) The arrest report shall contain the following information: (i) Citation number; (ii) Violator's name; (iii) Nature of the offense; (iv) Name of the arresting officer; (v) Receipt number, if applicable; (vi) Fine and costs collected, if applicable; and (vii) Any other additional information deemed appropriate or necessary. (C) Before the court date, the arrest report shall be prepared from the citations accumulated in the court date file in the police department office, marshal's office, or sheriff's office. (D) If applicable, the fine and costs collected shall be totaled, and a check shall be drawn payable to the court fund that represents moneys collected and receipts issued by the police department, marshal's office, or sheriff's office for those citations contained on the arrest report. (E) A completed copy of the arrest report accompanied by the police department's, marshal's office, or sheriff's office check, if applicable, shall be delivered to the court clerk at least seven (7) business days before the court date; and (2) Collection, Receipt, and Deposit Procedures. (A) This subdivision (2) does not apply if the court clerk has been designated to be primarily responsible for the collection of fines under § 16-13-709 . (B) A prenumbered receipt must be issued for all moneys collected. (C) Prenumbered manual receipts must meet the following minimum standards: (i) All receipt books must be prenumbered by the printer, and a printer's certificate shall be furnished to the police department, marshal's office, or sheriff's office, which shall be made available for inspection; (ii) The certificate must state the printing date, the numerical sequence of receipts printed, and the printer's name; and (iii) All void or spoiled receipts must be accounted for by attaching the original copy of the receipt to the duplicate copy of the receipt in the receipt book, with the reason for the void or spoiled receipt documented and retained for audit purposes. (D) If an electronic receipting system is used, the system must be in compliance with the Information Systems Best Practices Checklist provided by the Legislative Joint Auditing Committee. (E) The receipt shall be issued in the name of the violator regardless of who paid the bond or fine or who collected the bond or fine and must indicate the method of payment, such as cash, check, money order, or credit card. (F) (i) Receipts shall be deposited intact daily into the bank account maintained by the police department, marshal's office, or sheriff's office. (ii) All receipt numbers shall be entered on the arrest report by the police department, marshal's office, or sheriff's office. (G) The police department, marshal's office, or sheriff's office may maintain separate bank accounts for city cases and county cases. (H) (i) The bank deposit slips prepared by the police department, marshal's office, or sheriff's office shall contain the range of receipt numbers evidencing such collections. (ii) In addition, the receipts issued shall be reconciled with the monthly bank deposits. (I) A bank reconciliation shall be made at the end of each month, and any balance remaining in the bank account shall be identified with receipts issued but not yet entered on the arrest report. (J) (i) A cash receipts journal or electronic receipts listing shall be established. (ii) The receipts journal or electronic receipts listing must indicate the receipt number, receipt date, violator's name, amount of the receipt, and classification of the receipt. (iii) The receipts journal or electronic receipts listing shall be properly balanced and totaled monthly and on a year-to-date basis. (iv) The receipts journal or electronic receipts listing shall be reconciled monthly to total bank deposits as shown on the bank statements. (K) (i) A cash disbursements journal or electronic check register shall be established. (ii) The disbursements journal or electronic check register must indicate the date, payee, check number, amount for each check written, and the classification of the disbursement. (iii) The disbursements journal or electronic check register shall be properly balanced and totaled monthly and on a year-to-date basis. (iv) The disbursements journal or electronic check register shall be reconciled monthly to total bank disbursements as indicated on the bank statements. Acts 1977, No. 332, § 6; A.S.A. 1947, § 22-1106; Acts 2007, No. 627, § 1; 2009, No. 456, § 2; 2011, No. 1174, § 5.

The following activities and clerical duties relating to court functions shall be required of all police departments, city or town marshals, and sheriffs' offices:

(1) Preparation and Submission of Arrest Report. (A) Separate arrest reports shall be prepared for city cases and county cases. (B) The arrest report shall contain the following information: (i) Citation number; (ii) Violator's name; (iii) Nature of the offense; (iv) Name of the arresting officer; (v) Receipt number, if applicable; (vi) Fine and costs collected, if applicable; and (vii) Any other additional information deemed appropriate or necessary. (C) Before the court date, the arrest report shall be prepared from the citations accumulated in the court date file in the police department office, marshal's office, or sheriff's office. (D) If applicable, the fine and costs collected shall be totaled, and a check shall be drawn payable to the court fund that represents moneys collected and receipts issued by the police department, marshal's office, or sheriff's office for those citations contained on the arrest report. (E) A completed copy of the arrest report accompanied by the police department's, marshal's office, or sheriff's office check, if applicable, shall be delivered to the court clerk at least seven (7) business days before the court date; and

(A) Separate arrest reports shall be prepared for city cases and county cases.

(B) The arrest report shall contain the following information: (i) Citation number; (ii) Violator's name; (iii) Nature of the offense; (iv) Name of the arresting officer; (v) Receipt number, if applicable; (vi) Fine and costs collected, if applicable; and (vii) Any other additional information deemed appropriate or necessary.

(i) Citation number;

(ii) Violator's name;

(iii) Nature of the offense;

(iv) Name of the arresting officer;

(v) Receipt number, if applicable;

(vi) Fine and costs collected, if applicable; and

(vii) Any other additional information deemed appropriate or necessary.

(C) Before the court date, the arrest report shall be prepared from the citations accumulated in the court date file in the police department office, marshal's office, or sheriff's office.

(D) If applicable, the fine and costs collected shall be totaled, and a check shall be drawn payable to the court fund that represents moneys collected and receipts issued by the police department, marshal's office, or sheriff's office for those citations contained on the arrest report.

(E) A completed copy of the arrest report accompanied by the police department's, marshal's office, or sheriff's office check, if applicable, shall be delivered to the court clerk at least seven (7) business days before the court date; and

(2) Collection, Receipt, and Deposit Procedures. (A) This subdivision (2) does not apply if the court clerk has been designated to be primarily responsible for the collection of fines under § 16-13-709 . (B) A prenumbered receipt must be issued for all moneys collected. (C) Prenumbered manual receipts must meet the following minimum standards: (i) All receipt books must be prenumbered by the printer, and a printer's certificate shall be furnished to the police department, marshal's office, or sheriff's office, which shall be made available for inspection; (ii) The certificate must state the printing date, the numerical sequence of receipts printed, and the printer's name; and (iii) All void or spoiled receipts must be accounted for by attaching the original copy of the receipt to the duplicate copy of the receipt in the receipt book, with the reason for the void or spoiled receipt documented and retained for audit purposes. (D) If an electronic receipting system is used, the system must be in compliance with the Information Systems Best Practices Checklist provided by the Legislative Joint Auditing Committee. (E) The receipt shall be issued in the name of the violator regardless of who paid the bond or fine or who collected the bond or fine and must indicate the method of payment, such as cash, check, money order, or credit card. (F) (i) Receipts shall be deposited intact daily into the bank account maintained by the police department, marshal's office, or sheriff's office. (ii) All receipt numbers shall be entered on the arrest report by the police department, marshal's office, or sheriff's office. (G) The police department, marshal's office, or sheriff's office may maintain separate bank accounts for city cases and county cases. (H) (i) The bank deposit slips prepared by the police department, marshal's office, or sheriff's office shall contain the range of receipt numbers evidencing such collections. (ii) In addition, the receipts issued shall be reconciled with the monthly bank deposits. (I) A bank reconciliation shall be made at the end of each month, and any balance remaining in the bank account shall be identified with receipts issued but not yet entered on the arrest report. (J) (i) A cash receipts journal or electronic receipts listing shall be established. (ii) The receipts journal or electronic receipts listing must indicate the receipt number, receipt date, violator's name, amount of the receipt, and classification of the receipt. (iii) The receipts journal or electronic receipts listing shall be properly balanced and totaled monthly and on a year-to-date basis. (iv) The receipts journal or electronic receipts listing shall be reconciled monthly to total bank deposits as shown on the bank statements. (K) (i) A cash disbursements journal or electronic check register shall be established. (ii) The disbursements journal or electronic check register must indicate the date, payee, check number, amount for each check written, and the classification of the disbursement. (iii) The disbursements journal or electronic check register shall be properly balanced and totaled monthly and on a year-to-date basis. (iv) The disbursements journal or electronic check register shall be reconciled monthly to total bank disbursements as indicated on the bank statements.

(A) This subdivision (2) does not apply if the court clerk has been designated to be primarily responsible for the collection of fines under § 16-13-709 .

(B) A prenumbered receipt must be issued for all moneys collected.

(C) Prenumbered manual receipts must meet the following minimum standards: (i) All receipt books must be prenumbered by the printer, and a printer's certificate shall be furnished to the police department, marshal's office, or sheriff's office, which shall be made available for inspection; (ii) The certificate must state the printing date, the numerical sequence of receipts printed, and the printer's name; and (iii) All void or spoiled receipts must be accounted for by attaching the original copy of the receipt to the duplicate copy of the receipt in the receipt book, with the reason for the void or spoiled receipt documented and retained for audit purposes.

(i) All receipt books must be prenumbered by the printer, and a printer's certificate shall be furnished to the police department, marshal's office, or sheriff's office, which shall be made available for inspection;

(ii) The certificate must state the printing date, the numerical sequence of receipts printed, and the printer's name; and

(iii) All void or spoiled receipts must be accounted for by attaching the original copy of the receipt to the duplicate copy of the receipt in the receipt book, with the reason for the void or spoiled receipt documented and retained for audit purposes.

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

(E) The receipt shall be issued in the name of the violator regardless of who paid the bond or fine or who collected the bond or fine and must indicate the method of payment, such as cash, check, money order, or credit card.

(F) (i) Receipts shall be deposited intact daily into the bank account maintained by the police department, marshal's office, or sheriff's office. (ii) All receipt numbers shall be entered on the arrest report by the police department, marshal's office, or sheriff's office.

(i) Receipts shall be deposited intact daily into the bank account maintained by the police department, marshal's office, or sheriff's office.

(ii) All receipt numbers shall be entered on the arrest report by the police department, marshal's office, or sheriff's office.

(G) The police department, marshal's office, or sheriff's office may maintain separate bank accounts for city cases and county cases.

(H) (i) The bank deposit slips prepared by the police department, marshal's office, or sheriff's office shall contain the range of receipt numbers evidencing such collections. (ii) In addition, the receipts issued shall be reconciled with the monthly bank deposits.

(i) The bank deposit slips prepared by the police department, marshal's office, or sheriff's office shall contain the range of receipt numbers evidencing such collections.

(ii) In addition, the receipts issued shall be reconciled with the monthly bank deposits.

(I) A bank reconciliation shall be made at the end of each month, and any balance remaining in the bank account shall be identified with receipts issued but not yet entered on the arrest report.

(J) (i) A cash receipts journal or electronic receipts listing shall be established. (ii) The receipts journal or electronic receipts listing must indicate the receipt number, receipt date, violator's name, amount of the receipt, and classification of the receipt. (iii) The receipts journal or electronic receipts listing shall be properly balanced and totaled monthly and on a year-to-date basis. (iv) The receipts journal or electronic receipts listing shall be reconciled monthly to total bank deposits as shown on the bank statements.

(i) A cash receipts journal or electronic receipts listing shall be established.

(ii) The receipts journal or electronic receipts listing must indicate the receipt number, receipt date, violator's name, amount of the receipt, and classification of the receipt.

(iii) The receipts journal or electronic receipts listing shall be properly balanced and totaled monthly and on a year-to-date basis.

(iv) The receipts journal or electronic receipts listing shall be reconciled monthly to total bank deposits as shown on the bank statements.

(K) (i) A cash disbursements journal or electronic check register shall be established. (ii) The disbursements journal or electronic check register must indicate the date, payee, check number, amount for each check written, and the classification of the disbursement. (iii) The disbursements journal or electronic check register shall be properly balanced and totaled monthly and on a year-to-date basis. (iv) The disbursements journal or electronic check register shall be reconciled monthly to total bank disbursements as indicated on the bank statements.

(i) A cash disbursements journal or electronic check register shall be established.

(ii) The disbursements journal or electronic check register must indicate the date, payee, check number, amount for each check written, and the classification of the disbursement.

(iii) The disbursements journal or electronic check register shall be properly balanced and totaled monthly and on a year-to-date basis.

(iv) The disbursements journal or electronic check register shall be reconciled monthly to total bank disbursements as indicated on the bank statements.

Acts 1977, No. 332, § 6; A.S.A. 1947, § 22-1106; Acts 2007, No. 627, § 1; 2009, No. 456, § 2; 2011, No. 1174, § 5.
Ark. Code Ann. § 16-17-1203 — AR Code / Title 16 / Chapter 17 / Subchapter 12 / Section 16-17-1203
Procedure for expense cost sharing
Status: in_force

(a) (1) (A) Any town or city that has a police department but does not have a district court may contribute to the operational expenses of the nearest district court in the county where the town or city is located pursuant to a written agreement. (B) A written agreement is mandatory and is to be entered into between the governing body of the town or city and the governing bodies of the political subdivisions that contribute to the operational expenses of the district court. (2) (A) The contribution to the operational expenses of a district court described in subdivision (a)(1) of this section shall be a prorated amount based on the number of cases filed in the district court from each of the towns and cities and the county during the preceding calendar year. (B) The prorated amount of operational expenses shall apply to all fines, fees, and costs not obligated under law that are collected pursuant to § 16-13-701 et seq. in all: (i) Nontraffic cases that are misdemeanors or violations of a town or city ordinance; (ii) Cases that are misdemeanors or violations under state law; and (iii) Traffic offenses that are misdemeanors or violations under state law or town or city ordinance committed within the corporate limits of a town or city that is a party to an agreement described in subdivision (a)(1) of this section. (b) Apportionment of the costs of a district court shall be by order of the district court upon certification of the cases filed by the clerk of the district court. (c) On and after the effective date of the agreement described in subdivision (a)(1) of this section, all fines, fees, penalties, and costs received by a town or city that is a party to the agreement shall be collected and distributed in the manner provided by laws affecting district courts. Acts 2007, No. 663, § 16; 2009, No. 411, § 3.

(a) (1) (A) Any town or city that has a police department but does not have a district court may contribute to the operational expenses of the nearest district court in the county where the town or city is located pursuant to a written agreement. (B) A written agreement is mandatory and is to be entered into between the governing body of the town or city and the governing bodies of the political subdivisions that contribute to the operational expenses of the district court. (2) (A) The contribution to the operational expenses of a district court described in subdivision (a)(1) of this section shall be a prorated amount based on the number of cases filed in the district court from each of the towns and cities and the county during the preceding calendar year. (B) The prorated amount of operational expenses shall apply to all fines, fees, and costs not obligated under law that are collected pursuant to § 16-13-701 et seq. in all: (i) Nontraffic cases that are misdemeanors or violations of a town or city ordinance; (ii) Cases that are misdemeanors or violations under state law; and (iii) Traffic offenses that are misdemeanors or violations under state law or town or city ordinance committed within the corporate limits of a town or city that is a party to an agreement described in subdivision (a)(1) of this section.

(1) (A) Any town or city that has a police department but does not have a district court may contribute to the operational expenses of the nearest district court in the county where the town or city is located pursuant to a written agreement. (B) A written agreement is mandatory and is to be entered into between the governing body of the town or city and the governing bodies of the political subdivisions that contribute to the operational expenses of the district court.

(A) Any town or city that has a police department but does not have a district court may contribute to the operational expenses of the nearest district court in the county where the town or city is located pursuant to a written agreement.

(B) A written agreement is mandatory and is to be entered into between the governing body of the town or city and the governing bodies of the political subdivisions that contribute to the operational expenses of the district court.

(2) (A) The contribution to the operational expenses of a district court described in subdivision (a)(1) of this section shall be a prorated amount based on the number of cases filed in the district court from each of the towns and cities and the county during the preceding calendar year. (B) The prorated amount of operational expenses shall apply to all fines, fees, and costs not obligated under law that are collected pursuant to § 16-13-701 et seq. in all: (i) Nontraffic cases that are misdemeanors or violations of a town or city ordinance; (ii) Cases that are misdemeanors or violations under state law; and (iii) Traffic offenses that are misdemeanors or violations under state law or town or city ordinance committed within the corporate limits of a town or city that is a party to an agreement described in subdivision (a)(1) of this section.

(A) The contribution to the operational expenses of a district court described in subdivision (a)(1) of this section shall be a prorated amount based on the number of cases filed in the district court from each of the towns and cities and the county during the preceding calendar year.

(B) The prorated amount of operational expenses shall apply to all fines, fees, and costs not obligated under law that are collected pursuant to § 16-13-701 et seq. in all: (i) Nontraffic cases that are misdemeanors or violations of a town or city ordinance; (ii) Cases that are misdemeanors or violations under state law; and (iii) Traffic offenses that are misdemeanors or violations under state law or town or city ordinance committed within the corporate limits of a town or city that is a party to an agreement described in subdivision (a)(1) of this section.

(i) Nontraffic cases that are misdemeanors or violations of a town or city ordinance;

(ii) Cases that are misdemeanors or violations under state law; and

(iii) Traffic offenses that are misdemeanors or violations under state law or town or city ordinance committed within the corporate limits of a town or city that is a party to an agreement described in subdivision (a)(1) of this section.

(b) Apportionment of the costs of a district court shall be by order of the district court upon certification of the cases filed by the clerk of the district court.

(c) On and after the effective date of the agreement described in subdivision (a)(1) of this section, all fines, fees, penalties, and costs received by a town or city that is a party to the agreement shall be collected and distributed in the manner provided by laws affecting district courts.

Acts 2007, No. 663, § 16; 2009, No. 411, § 3.
Ark. Code Ann. § 16-11-108 — AR Code / Title 16 / Chapter 11 / Subchapter 1 / Section 16-11-108
Disqualification of justice
Status: in_force

No justice of the Supreme 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 counsel in the case or presided over it in any inferior court, or is otherwise disqualified under the Arkansas Code of Judicial Conduct, unless the parties waive the disqualification, as provided in the code. Rev. Stat., ch. 43, § 23; C. & M. Dig., § 2125; Pope's Dig., § 2731; A.S.A. 1947, § 22-211; Acts 2003, No. 1185, § 66.

No justice of the Supreme 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 counsel in the case or presided over it in any inferior court, or is otherwise disqualified under the Arkansas Code of Judicial Conduct, unless the parties waive the disqualification, as provided in the code.

Rev. Stat., ch. 43, § 23; C. & M. Dig., § 2125; Pope's Dig., § 2731; A.S.A. 1947, § 22-211; Acts 2003, No. 1185, § 66.
Ark. Code Ann. § 16-59-107 — AR Code / Title 16 / Chapter 59 / Section 16-59-107
Copy of notice as evidence
Status: in_force

A copy of the record, authenticated by the recorder of deeds, shall be evidence of the notice of the pendency of the suit and of the filing of the notice in all courts and places. Acts 1903, No. 65, § 2, p. 118; C. & M. Dig., § 6980; Pope's Dig., § 8960; A.S.A. 1947, § 27-502.

A copy of the record, authenticated by the recorder of deeds, shall be evidence of the notice of the pendency of the suit and of the filing of the notice in all courts and places.

Acts 1903, No. 65, § 2, p. 118; C. & M. Dig., § 6980; Pope's Dig., § 8960; A.S.A. 1947, § 27-502.
Ark. Code Ann. § 16-108-214 — AR Code / Title 16 / Chapter 108 / Subchapter 2 / Section 16-108-214
Immunity of arbitrator - Competency to testify - Attorney's fees and costs
Status: in_force

(a) An arbitrator or an arbitration organization acting in that capacity is immune from civil damages for any statement or decision made in connection with or arising out of the conduct of an arbitrator in a dispute resolution process unless the person acted in a manner exhibiting willful or wanton misconduct. (b) The immunity afforded by this section supplements any immunity under other law. (c) The failure of an arbitrator to make a disclosure required by § 16-108-212 does not cause any loss of qualified immunity under this section. (d) In a judicial, administrative, or similar proceeding, an arbitrator or representative of an arbitration organization is not competent to testify, and may not be required to produce records as to any statement, conduct, decision, or ruling occurring during the arbitration proceeding, to the same extent as a judge of a court of this State acting in a judicial capacity. This subsection does not apply: (1) to the extent necessary to determine the claim of an arbitrator, arbitration organization, or representative of the arbitration organization against a party to the arbitration proceeding; or (2) to a hearing on a motion to vacate an award under § 16-108-223(a)(1) or (2) if the movant establishes prima facie that a ground for vacating the award exists. (e) If a person commences a civil action against an arbitrator, arbitration organization, or representative of an arbitration organization arising from the services of the arbitrator, organization, or representative or if a person seeks to compel an arbitrator or a representative of an arbitration organization to testify or produce records in violation of subsection (d), and the court decides that the arbitrator, arbitration organization, or representative of an arbitration organization is immune from civil liability or that the arbitrator or representative of the organization is not competent to testify, the court shall award to the arbitrator, organization, or representative reasonable attorney's fees and other reasonable expenses of litigation. Acts 2011, No. 695, § 1.

(a) An arbitrator or an arbitration organization acting in that capacity is immune from civil damages for any statement or decision made in connection with or arising out of the conduct of an arbitrator in a dispute resolution process unless the person acted in a manner exhibiting willful or wanton misconduct.

(b) The immunity afforded by this section supplements any immunity under other law.

(c) The failure of an arbitrator to make a disclosure required by § 16-108-212 does not cause any loss of qualified immunity under this section.

(d) In a judicial, administrative, or similar proceeding, an arbitrator or representative of an arbitration organization is not competent to testify, and may not be required to produce records as to any statement, conduct, decision, or ruling occurring during the arbitration proceeding, to the same extent as a judge of a court of this State acting in a judicial capacity. This subsection does not apply: (1) to the extent necessary to determine the claim of an arbitrator, arbitration organization, or representative of the arbitration organization against a party to the arbitration proceeding; or (2) to a hearing on a motion to vacate an award under § 16-108-223(a)(1) or (2) if the movant establishes prima facie that a ground for vacating the award exists.

(1) to the extent necessary to determine the claim of an arbitrator, arbitration organization, or representative of the arbitration organization against a party to the arbitration proceeding; or

(2) to a hearing on a motion to vacate an award under § 16-108-223(a)(1) or (2) if the movant establishes prima facie that a ground for vacating the award exists.

(e) If a person commences a civil action against an arbitrator, arbitration organization, or representative of an arbitration organization arising from the services of the arbitrator, organization, or representative or if a person seeks to compel an arbitrator or a representative of an arbitration organization to testify or produce records in violation of subsection (d), and the court decides that the arbitrator, arbitration organization, or representative of an arbitration organization is immune from civil liability or that the arbitrator or representative of the organization is not competent to testify, the court shall award to the arbitrator, organization, or representative reasonable attorney's fees and other reasonable expenses of litigation.

Acts 2011, No. 695, § 1.
Ark. Code Ann. § 16-105-416 — AR Code / Title 16 / Chapter 105 / Subchapter 4 / Section 16-105-416
Release of building to owner
Status: in_force

(a) If the owner of the building or place has not been guilty of any contempt of court in the proceedings, and appears and pays all costs, fees, and allowances that are a lien on the building or place and files a bond in the full value of the property conditioned that the owner will immediately abate any common nuisance that may exist at the building or place and prevent it from being established or kept thereat within a period of one (1) year thereafter, the court or judge may, if satisfied of the owner's good faith, order the building or place to be delivered to the owner, and the order of abatement cancelled so far as it may relate to the property. (b) The release of property under the provisions of this section does not release it from any judgment, lien, penalty, or liability to which it may be subject. Acts 1989, No. 556, § 1.

(a) If the owner of the building or place has not been guilty of any contempt of court in the proceedings, and appears and pays all costs, fees, and allowances that are a lien on the building or place and files a bond in the full value of the property conditioned that the owner will immediately abate any common nuisance that may exist at the building or place and prevent it from being established or kept thereat within a period of one (1) year thereafter, the court or judge may, if satisfied of the owner's good faith, order the building or place to be delivered to the owner, and the order of abatement cancelled so far as it may relate to the property.

(b) The release of property under the provisions of this section does not release it from any judgment, lien, penalty, or liability to which it may be subject.

Acts 1989, No. 556, § 1.
Ark. Code Ann. § 16-21-2004 — AR Code / Title 16 / Chapter 21 / Subchapter 20 / Section 16-21-2004
Prosecutor's assistants generally - Salaries
Status: in_force

(a) The Prosecuting Attorney of the Fifteenth Judicial District of Arkansas shall be entitled to the following assistants: (1) Deputy prosecuting attorneys: (A) Scott County ............... $10,000; (B) Logan County ............... $16,000; (C) Yell County ............... $13,977; (D) Conway County ............... $18,000; (2) Chief deputy prosecuting attorney: (A) Scott County ............... $3,300; (B) Logan County ............... $3,300; (C) Yell County ............... $3,240; (D) Conway County ............... $4,400; (3) Secretary-stenographer: (A) Scott County ............... $1,850; (B) Logan County ............... $2,500; (C) Yell County ............... $2,333; (D) Conway County ............... $2,465; and (4) Investigator: (A) Scott County ............... $2,750; (B) Logan County ............... $3,750; (C) Yell County ............... $3,600; (D) Conway County ............... $3,750. (b) The salaries of the above deputy prosecutors, secretary-stenographer, and investigator shall be paid in twelve (12) monthly installments from the respective county general funds as set forth in subsection (a) of this section. (c) The deputy prosecuting attorneys shall receive the salaries provided for in this subchapter in lieu of fees, and all such fees shall be deposited in the general funds of the respective counties. (d) All deputies shall reside in the Fifteenth Judicial District; provided, however, that the deputy prosecuting attorney for Scott County may reside outside the Fifteenth Judicial District so long as he maintains a regular practice of law within Scott County. (e) The Prosecuting Attorney of the Fifteenth Judicial District shall have the power to appoint deputy prosecuting attorneys, criminal investigators, and all other assistants without confirmation from any court or other tribunal. (f) The investigator or warrant clerk shall have all powers granted to peace officers by the statutes of this state for the serving of all process issuing out of all courts or the prosecuting attorney's office. Acts 1981, No. 298, §§ 1, 3; A.S.A. 1947, §§ 24-114.11, 24-114.11b; Acts 1993, No. 361, § 1.

(a) The Prosecuting Attorney of the Fifteenth Judicial District of Arkansas shall be entitled to the following assistants: (1) Deputy prosecuting attorneys: (A) Scott County ............... $10,000; (B) Logan County ............... $16,000; (C) Yell County ............... $13,977; (D) Conway County ............... $18,000; (2) Chief deputy prosecuting attorney: (A) Scott County ............... $3,300; (B) Logan County ............... $3,300; (C) Yell County ............... $3,240; (D) Conway County ............... $4,400; (3) Secretary-stenographer: (A) Scott County ............... $1,850; (B) Logan County ............... $2,500; (C) Yell County ............... $2,333; (D) Conway County ............... $2,465; and (4) Investigator: (A) Scott County ............... $2,750; (B) Logan County ............... $3,750; (C) Yell County ............... $3,600; (D) Conway County ............... $3,750.

(1) Deputy prosecuting attorneys: (A) Scott County ............... $10,000; (B) Logan County ............... $16,000; (C) Yell County ............... $13,977; (D) Conway County ............... $18,000;

(A) Scott County ............... $10,000;

(B) Logan County ............... $16,000;

(C) Yell County ............... $13,977;

(D) Conway County ............... $18,000;

(2) Chief deputy prosecuting attorney: (A) Scott County ............... $3,300; (B) Logan County ............... $3,300; (C) Yell County ............... $3,240; (D) Conway County ............... $4,400;

(A) Scott County ............... $3,300;

(B) Logan County ............... $3,300;

(C) Yell County ............... $3,240;

(D) Conway County ............... $4,400;

(3) Secretary-stenographer: (A) Scott County ............... $1,850; (B) Logan County ............... $2,500; (C) Yell County ............... $2,333; (D) Conway County ............... $2,465; and

(A) Scott County ............... $1,850;

(B) Logan County ............... $2,500;

(C) Yell County ............... $2,333;

(D) Conway County ............... $2,465; and

(4) Investigator: (A) Scott County ............... $2,750; (B) Logan County ............... $3,750; (C) Yell County ............... $3,600; (D) Conway County ............... $3,750.

(A) Scott County ............... $2,750;

(B) Logan County ............... $3,750;

(C) Yell County ............... $3,600;

(D) Conway County ............... $3,750.

(b) The salaries of the above deputy prosecutors, secretary-stenographer, and investigator shall be paid in twelve (12) monthly installments from the respective county general funds as set forth in subsection (a) of this section.

(c) The deputy prosecuting attorneys shall receive the salaries provided for in this subchapter in lieu of fees, and all such fees shall be deposited in the general funds of the respective counties.

(d) All deputies shall reside in the Fifteenth Judicial District; provided, however, that the deputy prosecuting attorney for Scott County may reside outside the Fifteenth Judicial District so long as he maintains a regular practice of law within Scott County.

(e) The Prosecuting Attorney of the Fifteenth Judicial District shall have the power to appoint deputy prosecuting attorneys, criminal investigators, and all other assistants without confirmation from any court or other tribunal.

(f) The investigator or warrant clerk shall have all powers granted to peace officers by the statutes of this state for the serving of all process issuing out of all courts or the prosecuting attorney's office.

Acts 1981, No. 298, §§ 1, 3; A.S.A. 1947, §§ 24-114.11, 24-114.11b; Acts 1993, No. 361, § 1.
Ark. Code Ann. § 16-68-403 — AR Code / Title 16 / Chapter 68 / Subchapter 4 / Section 16-68-403
Tender of full payment by defendant - Costs
Status: in_force

In all actions where tender is made and full payment offered, by discount or otherwise, in such specie as the party by contract or agreement ought to take, and the party to whom the tender is made refuses it and afterwards sues for the debt or goods so tendered, the plaintiff shall not recover costs in the suit, but the defendant shall recover costs in the same manner as if the judgment had been rendered in his or her favor on the merits of the case. Rev. Stat., ch. 34, § 29; C. & M. Dig., § 1843; Pope's Dig., § 2362; A.S.A. 1947, § 27-2311.

In all actions where tender is made and full payment offered, by discount or otherwise, in such specie as the party by contract or agreement ought to take, and the party to whom the tender is made refuses it and afterwards sues for the debt or goods so tendered, the plaintiff shall not recover costs in the suit, but the defendant shall recover costs in the same manner as if the judgment had been rendered in his or her favor on the merits of the case.

Rev. Stat., ch. 34, § 29; C. & M. Dig., § 1843; Pope's Dig., § 2362; A.S.A. 1947, § 27-2311.
Ark. Code Ann. § 16-4-101 — AR Code / Title 16 / Chapter 4 / Section 16-4-101
Personal jurisdiction of Arkansas courts
Status: in_force

A. Definition of "Person". As used in this section, "person" includes an individual or his or her executor, administrator, or other personal representative, or a corporation, partnership, association, or any other legal or commercial entity, whether or not a citizen or domiciliary of this state and whether or not organized under the laws of this state. B. Personal Jurisdiction. The courts of this state shall have personal jurisdiction of all persons, and all causes of action or claims for relief, to the maximum extent permitted by the due process of law clause of the Fourteenth Amendment of the United States Constitution. C. Service. When the exercise of personal jurisdiction is authorized by this section, service may be made either within or outside this state. D. Inconvenient Forum. When the court finds that in the interest of substantial justice the action should be heard in another forum, the court may stay or dismiss the action in whole or in part on any conditions that may be just. Acts 1963, No. 101, § 1; 1975, No. 252, § 1; A.S.A. 1947, § 27-2502; Acts 1993, No. 7, § 1; 1995, No. 486, § 1.

A. Definition of "Person". As used in this section, "person" includes an individual or his or her executor, administrator, or other personal representative, or a corporation, partnership, association, or any other legal or commercial entity, whether or not a citizen or domiciliary of this state and whether or not organized under the laws of this state.

B. Personal Jurisdiction. The courts of this state shall have personal jurisdiction of all persons, and all causes of action or claims for relief, to the maximum extent permitted by the due process of law clause of the Fourteenth Amendment of the United States Constitution.

C. Service. When the exercise of personal jurisdiction is authorized by this section, service may be made either within or outside this state.

D. Inconvenient Forum. When the court finds that in the interest of substantial justice the action should be heard in another forum, the court may stay or dismiss the action in whole or in part on any conditions that may be just.

Acts 1963, No. 101, § 1; 1975, No. 252, § 1; A.S.A. 1947, § 27-2502; Acts 1993, No. 7, § 1; 1995, No. 486, § 1.
Ark. Code Ann. § 16-17-133 — AR Code / Title 16 / Chapter 17 / Subchapter 1 / Section 16-17-133
Limitation of the incarceration of juvenile defendants in district courts
Status: in_force

(a) (1) District courts have jurisdiction of juvenile defendants for violation of local codes or ordinances, game and fish violations, and traffic offenses. (2) Juveniles charged with these offenses are subject to the same penalties as adults unless otherwise provided in this section. (b) A juvenile subject to the jurisdiction of a district court shall not be incarcerated unless the juvenile: (1) Commits a second offense for which the court has jurisdiction within one (1) year of the first offense; (2) Willfully violates probation; or (3) Willfully fails to pay a fine or perform community service work or other sanction properly ordered by the court. (c) As an alternative to incarceration on a first offense or otherwise, the district court may place a juvenile on residential detention, which may be supervised by electronic monitoring for up to thirty (30) days. (d) (1) For a juvenile to be found in contempt for violating a court order, the order must have been in writing and served on the juvenile and the juvenile's parent or guardian. (2) If a juvenile is found in contempt of court, the court may: (A) Order that the juvenile be committed for a period not to exceed ten (10) days; or (B) Place the juvenile on residential detention, which may be supervised by electronic monitoring for up to thirty (30) days. (e) (1) Any juvenile incarcerated under this section shall be separated from individuals eighteen (18) years of age or older. (2) Where space is available, a juvenile who pleads guilty or nolo contendere to, or is found guilty of, an offense under this section may be placed in a juvenile detention facility rather than in the county jail. (3) Juveniles being detained on allegations of delinquency or who have been adjudicated delinquent shall have priority for juvenile detention beds over juveniles sentenced in district court. (f) (1) A district court may also order the juvenile, the juvenile's parent, both parents, or the guardian of any juvenile punishable as provided for in this section to be liable for the cost of the incarceration or electronic monitoring. (2) Prior to ordering payment, a district court shall take into account: (A) The financial ability of the parent, both parents, or the guardian to pay for the detention or electronic monitoring; (B) The past efforts of the parent, both parents, or the guardian to correct or prevent the juvenile's misconduct; (C) If the parent is a noncustodial parent, the opportunity the parent has had to correct the delinquent juvenile's misconduct; and (D) Any other factors the court deems relevant. Acts 2001, No. 1807, § 1.

(a) (1) District courts have jurisdiction of juvenile defendants for violation of local codes or ordinances, game and fish violations, and traffic offenses. (2) Juveniles charged with these offenses are subject to the same penalties as adults unless otherwise provided in this section.

(1) District courts have jurisdiction of juvenile defendants for violation of local codes or ordinances, game and fish violations, and traffic offenses.

(2) Juveniles charged with these offenses are subject to the same penalties as adults unless otherwise provided in this section.

(b) A juvenile subject to the jurisdiction of a district court shall not be incarcerated unless the juvenile: (1) Commits a second offense for which the court has jurisdiction within one (1) year of the first offense; (2) Willfully violates probation; or (3) Willfully fails to pay a fine or perform community service work or other sanction properly ordered by the court.

(1) Commits a second offense for which the court has jurisdiction within one (1) year of the first offense;

(2) Willfully violates probation; or

(3) Willfully fails to pay a fine or perform community service work or other sanction properly ordered by the court.

(c) As an alternative to incarceration on a first offense or otherwise, the district court may place a juvenile on residential detention, which may be supervised by electronic monitoring for up to thirty (30) days.

(d) (1) For a juvenile to be found in contempt for violating a court order, the order must have been in writing and served on the juvenile and the juvenile's parent or guardian. (2) If a juvenile is found in contempt of court, the court may: (A) Order that the juvenile be committed for a period not to exceed ten (10) days; or (B) Place the juvenile on residential detention, which may be supervised by electronic monitoring for up to thirty (30) days.

(1) For a juvenile to be found in contempt for violating a court order, the order must have been in writing and served on the juvenile and the juvenile's parent or guardian.

(2) If a juvenile is found in contempt of court, the court may: (A) Order that the juvenile be committed for a period not to exceed ten (10) days; or (B) Place the juvenile on residential detention, which may be supervised by electronic monitoring for up to thirty (30) days.

(A) Order that the juvenile be committed for a period not to exceed ten (10) days; or

(B) Place the juvenile on residential detention, which may be supervised by electronic monitoring for up to thirty (30) days.

(e) (1) Any juvenile incarcerated under this section shall be separated from individuals eighteen (18) years of age or older. (2) Where space is available, a juvenile who pleads guilty or nolo contendere to, or is found guilty of, an offense under this section may be placed in a juvenile detention facility rather than in the county jail. (3) Juveniles being detained on allegations of delinquency or who have been adjudicated delinquent shall have priority for juvenile detention beds over juveniles sentenced in district court.

(1) Any juvenile incarcerated under this section shall be separated from individuals eighteen (18) years of age or older.

(2) Where space is available, a juvenile who pleads guilty or nolo contendere to, or is found guilty of, an offense under this section may be placed in a juvenile detention facility rather than in the county jail.

(3) Juveniles being detained on allegations of delinquency or who have been adjudicated delinquent shall have priority for juvenile detention beds over juveniles sentenced in district court.

(f) (1) A district court may also order the juvenile, the juvenile's parent, both parents, or the guardian of any juvenile punishable as provided for in this section to be liable for the cost of the incarceration or electronic monitoring. (2) Prior to ordering payment, a district court shall take into account: (A) The financial ability of the parent, both parents, or the guardian to pay for the detention or electronic monitoring; (B) The past efforts of the parent, both parents, or the guardian to correct or prevent the juvenile's misconduct; (C) If the parent is a noncustodial parent, the opportunity the parent has had to correct the delinquent juvenile's misconduct; and (D) Any other factors the court deems relevant.

(1) A district court may also order the juvenile, the juvenile's parent, both parents, or the guardian of any juvenile punishable as provided for in this section to be liable for the cost of the incarceration or electronic monitoring.

(2) Prior to ordering payment, a district court shall take into account: (A) The financial ability of the parent, both parents, or the guardian to pay for the detention or electronic monitoring; (B) The past efforts of the parent, both parents, or the guardian to correct or prevent the juvenile's misconduct; (C) If the parent is a noncustodial parent, the opportunity the parent has had to correct the delinquent juvenile's misconduct; and (D) Any other factors the court deems relevant.

(A) The financial ability of the parent, both parents, or the guardian to pay for the detention or electronic monitoring;

(B) The past efforts of the parent, both parents, or the guardian to correct or prevent the juvenile's misconduct;

(C) If the parent is a noncustodial parent, the opportunity the parent has had to correct the delinquent juvenile's misconduct; and

(D) Any other factors the court deems relevant.

Acts 2001, No. 1807, § 1.
Ark. Code Ann. § 16-112-104 — AR Code / Title 16 / Chapter 112 / Subchapter 1 / Section 16-112-104
Bond prior to issuance of writ
Status: in_force

(a) The officer granting the writ may previously require bond, with surety, in sufficient penalty, payable to the state or to the person against whom the writ is directed, conditioned that the person detained shall not escape by the way, and for the payment of such costs and charges as may be awarded against him or her. (b) The bond shall be filed with the other proceedings in the court and may be sued on by the state for the benefit of any person injured by the breach of it. Crim. Code, § 388; Acts 1871, No. 49, § 1 [388], p. 255; C. & M. Dig., § 5096; Pope's Dig., § 6359; A.S.A. 1947, § 34-1708.

(a) The officer granting the writ may previously require bond, with surety, in sufficient penalty, payable to the state or to the person against whom the writ is directed, conditioned that the person detained shall not escape by the way, and for the payment of such costs and charges as may be awarded against him or her.

(b) The bond shall be filed with the other proceedings in the court and may be sued on by the state for the benefit of any person injured by the breach of it.

Crim. Code, § 388; Acts 1871, No. 49, § 1 [388], p. 255; C. & M. Dig., § 5096; Pope's Dig., § 6359; A.S.A. 1947, § 34-1708.
Ark. Code Ann. § 16-60-202 — AR Code / Title 16 / Chapter 60 / Subchapter 2 / Section 16-60-202
No change made unless found necessary
Status: in_force

Except as provided under § 16-60-201(e) , the venue of civil actions shall not be changed unless the court or judge to whom the application for change of venue is made finds that the change of venue is necessary to obtain a fair and impartial trial of the cause. Amended by Act 2017, No. 967,§ 3, eff. 4/5/2017. Acts 1909, No. 249, § 1, p. 751; C. & M. Dig., § 10341; Pope's Dig., § 14342; A.S.A. 1947, § 27-704.

Except as provided under § 16-60-201(e) , the venue of civil actions shall not be changed unless the court or judge to whom the application for change of venue is made finds that the change of venue is necessary to obtain a fair and impartial trial of the cause.

Amended by Act 2017, No. 967,§ 3, eff. 4/5/2017.

Acts 1909, No. 249, § 1, p. 751; C. & M. Dig., § 10341; Pope's Dig., § 14342; A.S.A. 1947, § 27-704.
Ark. Code Ann. § 16-90-720 — AR Code / Title 16 / Chapter 90 / Subchapter 7 / Section 16-90-720
Payment for heathcare service - Schedule established - Third-party vendor authorized
Status: in_force

(a) The Crime Victims Reparations Board shall award payment for a healthcare service under this subchapter in the same manner as the medical fee schedule established for workers' compensation claims under § 11-9-517 . (b) (1) The board, a claimant, or a victim is not liable for healthcare service charges in excess of the medical fee schedule under subsection (a) of this section. (2) A healthcare provider shall accept payment from the board as payment in full for healthcare service charges unless an investigation of the healthcare service charges by the board determines that there is a reasonable healthcare justification for a deviation from the medical fee schedule. (c) The board may contract with a third-party vendor to process payment for healthcare services under this subchapter. Added by Act 2017, No. 918,§ 1, eff. 8/1/2017.

(a) The Crime Victims Reparations Board shall award payment for a healthcare service under this subchapter in the same manner as the medical fee schedule established for workers' compensation claims under § 11-9-517 .

(b) (1) The board, a claimant, or a victim is not liable for healthcare service charges in excess of the medical fee schedule under subsection (a) of this section. (2) A healthcare provider shall accept payment from the board as payment in full for healthcare service charges unless an investigation of the healthcare service charges by the board determines that there is a reasonable healthcare justification for a deviation from the medical fee schedule.

(1) The board, a claimant, or a victim is not liable for healthcare service charges in excess of the medical fee schedule under subsection (a) of this section.

(2) A healthcare provider shall accept payment from the board as payment in full for healthcare service charges unless an investigation of the healthcare service charges by the board determines that there is a reasonable healthcare justification for a deviation from the medical fee schedule.

(c) The board may contract with a third-party vendor to process payment for healthcare services under this subchapter.

Added by Act 2017, No. 918,§ 1, eff. 8/1/2017.
Ark. Code Ann. § 16-110-133 — AR Code / Title 16 / Chapter 110 / Subchapter 1 / Section 16-110-133
Judgment against garnishee
Status: in_force

(a) Upon the service of a summons upon any garnishee or after his or her failure to make a disclosure satisfactory to the plaintiff, the latter may proceed in an action against him or her by filing a complaint verified as in other cases and causing a summons to be issued upon it. (b) Thereupon, the proceeding may be had as in other actions and judgment may be rendered in favor of the plaintiff to subject the property of the defendant into the hands of the garnishee, or for what shall appear to be owing to the defendant by the garnishee. (c) The judgment may be enforced by execution or other proper means. Civil Code, § 248; C. & M. Dig., § 532; Pope's Dig., § 569; A.S.A. 1947, § 31-147.

(a) Upon the service of a summons upon any garnishee or after his or her failure to make a disclosure satisfactory to the plaintiff, the latter may proceed in an action against him or her by filing a complaint verified as in other cases and causing a summons to be issued upon it.

(b) Thereupon, the proceeding may be had as in other actions and judgment may be rendered in favor of the plaintiff to subject the property of the defendant into the hands of the garnishee, or for what shall appear to be owing to the defendant by the garnishee.

(c) The judgment may be enforced by execution or other proper means.

Civil Code, § 248; C. & M. Dig., § 532; Pope's Dig., § 569; A.S.A. 1947, § 31-147.
Ark. Code Ann. § 16-108-101 — AR Code / Title 16 / Chapter 108 / Subchapter 1 / Section 16-108-101
Proceedings
Status: in_force

The proceedings upon arbitration and award made under an order or rule of court, or by consent of parties in vacation, shall be as follows in this subchapter. Civil Code, § 494; C. & M. Dig., § 414; Pope's Dig., § 451; A.S.A. 1947, § 34-501.

The proceedings upon arbitration and award made under an order or rule of court, or by consent of parties in vacation, shall be as follows in this subchapter.

Civil Code, § 494; C. & M. Dig., § 414; Pope's Dig., § 451; A.S.A. 1947, § 34-501.
Ark. Code Ann. § 16-123-108 — AR Code / Title 16 / Chapter 123 / Subchapter 1 / Section 16-123-108
Retaliation - Interference - Remedies
Status: in_force

(a) Retaliation. A person shall not discriminate against any individual because the individual in good faith has opposed any act or practice made unlawful by this subchapter or because the individual in good faith made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under this subchapter. (b) Interference, Coercion, or Intimidation. It is unlawful to coerce, intimidate, threaten, or interfere with any individual in the exercise or enjoyment of, or on account of his or her having exercised or enjoyed, or on account of his or her having aided or encouraged any other individual in the exercise or enjoyment of, any right granted or protected by this subchapter. (c) (1) Remedies and Procedures. The remedies and procedures available in § 16-123-107(b) are available to aggrieved persons for a violation of subsection (a) or subsection (b) of this section. (2) An employment-related claim or a claim arising out of the employee-employer relationship for a violation of subsection (a) or subsection (b) of this section may be brought only against an employer, and the remedies and procedures are limited to the remedies and procedures available under § 16-123-107(c) . Amended by Act 2017, No. 191,§ 3, eff. 8/1/2017. Acts 1995, No. 480, § 4.

(a) Retaliation. A person shall not discriminate against any individual because the individual in good faith has opposed any act or practice made unlawful by this subchapter or because the individual in good faith made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under this subchapter.

(b) Interference, Coercion, or Intimidation. It is unlawful to coerce, intimidate, threaten, or interfere with any individual in the exercise or enjoyment of, or on account of his or her having exercised or enjoyed, or on account of his or her having aided or encouraged any other individual in the exercise or enjoyment of, any right granted or protected by this subchapter.

(c) (1) Remedies and Procedures. The remedies and procedures available in § 16-123-107(b) are available to aggrieved persons for a violation of subsection (a) or subsection (b) of this section. (2) An employment-related claim or a claim arising out of the employee-employer relationship for a violation of subsection (a) or subsection (b) of this section may be brought only against an employer, and the remedies and procedures are limited to the remedies and procedures available under § 16-123-107(c) .

(1) Remedies and Procedures. The remedies and procedures available in § 16-123-107(b) are available to aggrieved persons for a violation of subsection (a) or subsection (b) of this section.

(2) An employment-related claim or a claim arising out of the employee-employer relationship for a violation of subsection (a) or subsection (b) of this section may be brought only against an employer, and the remedies and procedures are limited to the remedies and procedures available under § 16-123-107(c) .

Amended by Act 2017, No. 191,§ 3, eff. 8/1/2017.

Acts 1995, No. 480, § 4.
Ark. Code Ann. § 16-60-207 — AR Code / Title 16 / Chapter 60 / Subchapter 2 / Section 16-60-207
Domestic relations
Status: in_force

The venue of domestic relations cases in this state may be transferred between judicial districts in which either party resides, when agreed to by the parties to the action and the judges involved. Acts 1975, No. 371, § 1; A.S.A. 1947, § 27-708; Acts 2003, No. 1185, § 191.

The venue of domestic relations cases in this state may be transferred between judicial districts in which either party resides, when agreed to by the parties to the action and the judges involved.

Acts 1975, No. 371, § 1; A.S.A. 1947, § 27-708; Acts 2003, No. 1185, § 191.
Ark. Code Ann. § 16-56-102 — AR Code / Title 16 / Chapter 56 / Subchapter 1 / Section 16-56-102
Application of limitations - Setoffs
Status: in_force

The provisions of this act shall be deemed and taken to apply to the case of any demand alleged by way of setoff on the part of any defendant, either by plea, notice, or otherwise. However, any demand, right, or cause of action, regardless of how it may have arisen, may be asserted by way of setoff in any action to the extent of the plaintiff's demand. Rev. Stat., ch. 91, § 33; C. & M. Dig., § 6978; Pope's Dig., § 8956; Acts 1939, No. 398, § 1; A.S.A. 1947, § 37-233.

The provisions of this act shall be deemed and taken to apply to the case of any demand alleged by way of setoff on the part of any defendant, either by plea, notice, or otherwise. However, any demand, right, or cause of action, regardless of how it may have arisen, may be asserted by way of setoff in any action to the extent of the plaintiff's demand.

Rev. Stat., ch. 91, § 33; C. & M. Dig., § 6978; Pope's Dig., § 8956; Acts 1939, No. 398, § 1; A.S.A. 1947, § 37-233.
Ark. Code Ann. § 16-85-507 — AR Code / Title 16 / Chapter 85 / Subchapter 5 / Section 16-85-507
Witnesses - Refusal to testify
Status: in_force

When a witness, under examination, refuses to testify or to answer a question put to him or her by the grand jury, the foreman shall proceed with the witness into the presence of the court, and there distinctly state the refusal of the witness. If the judge, upon hearing the witness, shall decide that the witness is bound to testify or answer the question propounded, the judge shall inquire of the witness if he persists in his refusal. If the witness does persist in his refusal, the court shall proceed with him as in cases of similar refusal in open court. Crim. Code, § 113; C. & M. Dig., § 2991; Pope's Dig., § 3813; A.S.A. 1947, § 43-916.

When a witness, under examination, refuses to testify or to answer a question put to him or her by the grand jury, the foreman shall proceed with the witness into the presence of the court, and there distinctly state the refusal of the witness. If the judge, upon hearing the witness, shall decide that the witness is bound to testify or answer the question propounded, the judge shall inquire of the witness if he persists in his refusal. If the witness does persist in his refusal, the court shall proceed with him as in cases of similar refusal in open court.

Crim. Code, § 113; C. & M. Dig., § 2991; Pope's Dig., § 3813; A.S.A. 1947, § 43-916.
Ark. Code Ann. § 16-108-213 — AR Code / Title 16 / Chapter 108 / Subchapter 2 / Section 16-108-213
Action by majority
Status: in_force

If there is more than one arbitrator, the powers of an arbitrator must be exercised by a majority of the arbitrators, but all arbitrators shall conduct the hearing under § 16-108-215(c) . Acts 1969, No. 260, § 4; A.S.A. 1947, § 34-514; Acts 2011, No. 695, § 1.

If there is more than one arbitrator, the powers of an arbitrator must be exercised by a majority of the arbitrators, but all arbitrators shall conduct the hearing under § 16-108-215(c) .

Acts 1969, No. 260, § 4; A.S.A. 1947, § 34-514; Acts 2011, No. 695, § 1.
Ark. Code Ann. § 16-117-205 — AR Code / Title 16 / Chapter 117 / Subchapter 2 / Section 16-117-205
Appointment for corporation, copartnership, or joint-stock company - Powers and duties
Status: in_force

(a) Whenever, in any case, a receiver is appointed for a corporation or its trustees, any copartnership, or joint-stock company, and the order or decree of the court is that the lands, tenements, goods, chattels, funds, assets, moneys, credits, choses in action, rights and interests of every kind, name, and nature, either in law or equity, or any part thereof, belonging to the corporation or its trustees, a copartnership or joint-stock company, be placed in the hands of the receiver, from thenceforward until the further order or decree of the court, the receiver shall have full possession, custody, and control thereof, and shall be vested with the title, so far as it shall be necessary to collect debts, preserve the assets and property for the benefit of creditors, and all persons interested. The receiver may, and shall, bring and prosecute and defend all suits in his or her own name that may be necessary for that purpose. (b) In all suits which may be pending in any court, prosecuted by or brought against such corporation, trustees, copartnership, or joint-stock company or in which either may be interested, the receiver may be substituted as a party, on his or her own application, without process or revivor. He or she shall prosecute or defend the suit with the same effect as the original parties might or could do, and suits may progress against him or her by substitution in the same manner. Acts 1857, §§ 7, 8, p. 164; C. & M. Dig., §§ 8606, 8607; Pope's Dig., §§ 11184, 11185; A.S.A. 1947, §§ 36-107, 36-108.

(a) Whenever, in any case, a receiver is appointed for a corporation or its trustees, any copartnership, or joint-stock company, and the order or decree of the court is that the lands, tenements, goods, chattels, funds, assets, moneys, credits, choses in action, rights and interests of every kind, name, and nature, either in law or equity, or any part thereof, belonging to the corporation or its trustees, a copartnership or joint-stock company, be placed in the hands of the receiver, from thenceforward until the further order or decree of the court, the receiver shall have full possession, custody, and control thereof, and shall be vested with the title, so far as it shall be necessary to collect debts, preserve the assets and property for the benefit of creditors, and all persons interested. The receiver may, and shall, bring and prosecute and defend all suits in his or her own name that may be necessary for that purpose.

(b) In all suits which may be pending in any court, prosecuted by or brought against such corporation, trustees, copartnership, or joint-stock company or in which either may be interested, the receiver may be substituted as a party, on his or her own application, without process or revivor. He or she shall prosecute or defend the suit with the same effect as the original parties might or could do, and suits may progress against him or her by substitution in the same manner.

Acts 1857, §§ 7, 8, p. 164; C. & M. Dig., §§ 8606, 8607; Pope's Dig., §§ 11184, 11185; A.S.A. 1947, §§ 36-107, 36-108.
Ark. Code Ann. § 16-87-203 — AR Code / Title 16 / Chapter 87 / Subchapter 2 / Section 16-87-203
Powers and duties
Status: in_force

(a) The Arkansas Public Defender Commission shall have the following powers and duties: (1) To establish policies and standards for the public defender system throughout the state, including standards for determining who qualifies as an indigent person; (2) To establish policies and standards for the organization and operation of public defenders' offices throughout the state, including funding, compensation, staffing, and standards of experience for attorneys assigned to particular cases; (3) To allocate personnel for each public defender's office throughout the state; (4) To require annual reports regarding expenditures, caseloads, and status of cases from each public defender; (5) To evaluate the performance of the Executive Director of the Arkansas Public Defender Commission, the Capital, Conflicts, and Appellate Office, the Trial Public Defender Office, each public defender, and private attorneys assigned to represent indigent persons; (6) To approve the reassignment of cases from one public defender to another public defender in an adjacent area for the purpose of avoiding conflicts or adjusting caseloads; (7) To approve the purchase, rental, and sharing of office space, equipment, or personnel among public defenders in the event and to the extent such items have been provided through an appropriation of the General Assembly; (8) To establish employee personnel policies for the commission and the public defenders; (9) To accept and to authorize a public defender to accept moneys, gifts, grants, or services from any public or private source; (10) To enter and authorize a public defender to enter into contracts with individuals, educational institutions, nonprofit associations, or state or federal agencies, including contracts for the provision of legal services related to the defense of indigent persons; (11) To maintain for each judicial district a current list of private attorneys who are willing to accept court appointments and who meet any other qualifications established by the commission; (12) To maintain a separate list of private attorneys who are willing to accept court appointments in capital cases and who meet any other qualifications established by the commission; (13) To oversee the Juvenile Ombudsman Division of the Arkansas Public Defender Commission; (14) To perform all other functions and duties as authorized by law; and (15) (A) To enter into a professional services agreement with a person who is serving as a public defender or employed as an attorney with a state agency when the employee has been appointed to provide defense representation services by a judge. (B) The total of the professional services agreement and the employee's salary shall not exceed twenty-five percent (25%) above the maximum of the pay grade of the employee's position. (b) The commission shall operate the trial public defender system in such a manner that the respective trial public defenders shall not be deemed to be part of the same office for purposes of appointment in conflict of interest situations and in such a manner that the Capital, Conflicts, and Appellate Office shall not be deemed a part of the same office as any trial public defender for purposes of appointment in conflict of interest situations. (c) The commission shall make an annual report to the Governor, the President Pro Tempore of the Senate, the Speaker of the House of Representatives, the Chief Justice of the Supreme Court, and the Chief Judge of the Court of Appeals regarding the efforts of the commission to implement this subchapter. (d) [Repealed.] Amended by Act 2019, No. 871,§ 21, eff. 7/1/2019. Amended by Act 2015, No. 1152,§ 8, eff. 7/22/2015. Acts 1993, No. 1193, § 11; 1997, No. 788, § 18; No. 1341, § 18; 1999, No. 1580, § 8; 2001, No. 1799, § 1.

(a) The Arkansas Public Defender Commission shall have the following powers and duties: (1) To establish policies and standards for the public defender system throughout the state, including standards for determining who qualifies as an indigent person; (2) To establish policies and standards for the organization and operation of public defenders' offices throughout the state, including funding, compensation, staffing, and standards of experience for attorneys assigned to particular cases; (3) To allocate personnel for each public defender's office throughout the state; (4) To require annual reports regarding expenditures, caseloads, and status of cases from each public defender; (5) To evaluate the performance of the Executive Director of the Arkansas Public Defender Commission, the Capital, Conflicts, and Appellate Office, the Trial Public Defender Office, each public defender, and private attorneys assigned to represent indigent persons; (6) To approve the reassignment of cases from one public defender to another public defender in an adjacent area for the purpose of avoiding conflicts or adjusting caseloads; (7) To approve the purchase, rental, and sharing of office space, equipment, or personnel among public defenders in the event and to the extent such items have been provided through an appropriation of the General Assembly; (8) To establish employee personnel policies for the commission and the public defenders; (9) To accept and to authorize a public defender to accept moneys, gifts, grants, or services from any public or private source; (10) To enter and authorize a public defender to enter into contracts with individuals, educational institutions, nonprofit associations, or state or federal agencies, including contracts for the provision of legal services related to the defense of indigent persons; (11) To maintain for each judicial district a current list of private attorneys who are willing to accept court appointments and who meet any other qualifications established by the commission; (12) To maintain a separate list of private attorneys who are willing to accept court appointments in capital cases and who meet any other qualifications established by the commission; (13) To oversee the Juvenile Ombudsman Division of the Arkansas Public Defender Commission; (14) To perform all other functions and duties as authorized by law; and (15) (A) To enter into a professional services agreement with a person who is serving as a public defender or employed as an attorney with a state agency when the employee has been appointed to provide defense representation services by a judge. (B) The total of the professional services agreement and the employee's salary shall not exceed twenty-five percent (25%) above the maximum of the pay grade of the employee's position.

(1) To establish policies and standards for the public defender system throughout the state, including standards for determining who qualifies as an indigent person;

(2) To establish policies and standards for the organization and operation of public defenders' offices throughout the state, including funding, compensation, staffing, and standards of experience for attorneys assigned to particular cases;

(3) To allocate personnel for each public defender's office throughout the state;

(4) To require annual reports regarding expenditures, caseloads, and status of cases from each public defender;

(5) To evaluate the performance of the Executive Director of the Arkansas Public Defender Commission, the Capital, Conflicts, and Appellate Office, the Trial Public Defender Office, each public defender, and private attorneys assigned to represent indigent persons;

(6) To approve the reassignment of cases from one public defender to another public defender in an adjacent area for the purpose of avoiding conflicts or adjusting caseloads;

(7) To approve the purchase, rental, and sharing of office space, equipment, or personnel among public defenders in the event and to the extent such items have been provided through an appropriation of the General Assembly;

(8) To establish employee personnel policies for the commission and the public defenders;

(9) To accept and to authorize a public defender to accept moneys, gifts, grants, or services from any public or private source;

(10) To enter and authorize a public defender to enter into contracts with individuals, educational institutions, nonprofit associations, or state or federal agencies, including contracts for the provision of legal services related to the defense of indigent persons;

(11) To maintain for each judicial district a current list of private attorneys who are willing to accept court appointments and who meet any other qualifications established by the commission;

(12) To maintain a separate list of private attorneys who are willing to accept court appointments in capital cases and who meet any other qualifications established by the commission;

(13) To oversee the Juvenile Ombudsman Division of the Arkansas Public Defender Commission;

(14) To perform all other functions and duties as authorized by law; and

(15) (A) To enter into a professional services agreement with a person who is serving as a public defender or employed as an attorney with a state agency when the employee has been appointed to provide defense representation services by a judge. (B) The total of the professional services agreement and the employee's salary shall not exceed twenty-five percent (25%) above the maximum of the pay grade of the employee's position.

(A) To enter into a professional services agreement with a person who is serving as a public defender or employed as an attorney with a state agency when the employee has been appointed to provide defense representation services by a judge.

(B) The total of the professional services agreement and the employee's salary shall not exceed twenty-five percent (25%) above the maximum of the pay grade of the employee's position.

(b) The commission shall operate the trial public defender system in such a manner that the respective trial public defenders shall not be deemed to be part of the same office for purposes of appointment in conflict of interest situations and in such a manner that the Capital, Conflicts, and Appellate Office shall not be deemed a part of the same office as any trial public defender for purposes of appointment in conflict of interest situations.

(c) The commission shall make an annual report to the Governor, the President Pro Tempore of the Senate, the Speaker of the House of Representatives, the Chief Justice of the Supreme Court, and the Chief Judge of the Court of Appeals regarding the efforts of the commission to implement this subchapter.

(d) [Repealed.]

Amended by Act 2019, No. 871,§ 21, eff. 7/1/2019.

Amended by Act 2015, No. 1152,§ 8, eff. 7/22/2015.

Acts 1993, No. 1193, § 11; 1997, No. 788, § 18; No. 1341, § 18; 1999, No. 1580, § 8; 2001, No. 1799, § 1.
Ark. Code Ann. § 16-11-102 — AR Code / Title 16 / Chapter 11 / Subchapter 1 / Section 16-11-102
[Repealed]
Status: repealed

Repealed by Act 2021, No. 475,§ 8, eff. 7/28/2021. Acts 1868 (Adj. Sess.), No. 1, § 3, p. 1; C. & M. Dig., § 2123; Pope's Dig., § 2729; A.S.A. 1947, § 22-209.

Repealed by Act 2021, No. 475,§ 8, eff. 7/28/2021.

Acts 1868 (Adj. Sess.), No. 1, § 3, p. 1; C. & M. Dig., § 2123; Pope's Dig., § 2729; A.S.A. 1947, § 22-209.
Ark. Code Ann. § 16-47-203 — AR Code / Title 16 / Chapter 47 / Subchapter 2 / Section 16-47-203
Officials authorized to take within the United States
Status: in_force

The acknowledgment of any instrument may be without the state but within the United States or a territory or insular possession of the United States and within the jurisdiction of the officer, before: (1) A clerk or deputy clerk of any federal court; (2) A clerk or deputy clerk of any court of record of any state or other jurisdiction; (3) A notary public; (4) A commissioner of deeds; (5) Any person authorized by the laws of such other jurisdiction to take acknowledgments. Acts 1943, No. 169, § 3; 1957, No. 411, § 1; A.S.A. 1947, § 49-103.

The acknowledgment of any instrument may be without the state but within the United States or a territory or insular possession of the United States and within the jurisdiction of the officer, before:

(1) A clerk or deputy clerk of any federal court;

(2) A clerk or deputy clerk of any court of record of any state or other jurisdiction;

(3) A notary public;

(4) A commissioner of deeds;

(5) Any person authorized by the laws of such other jurisdiction to take acknowledgments.

Acts 1943, No. 169, § 3; 1957, No. 411, § 1; A.S.A. 1947, § 49-103.
Ark. Code Ann. § 16-13-219 — AR Code / Title 16 / Chapter 13 / Subchapter 2 / Section 16-13-219
Court expenses - Payment
Status: in_force

(a) The expenses accruing in the circuit courts shall be paid out of the county treasury in which each court is held in the same manner as other demands. (b) (1) These expenses shall include reasonable sums for the employment of secretaries by circuit judges and for reasonable office expenses and office supplies of the circuit judges. (2) In the event any circuit judge employs a secretary under the provisions of this section, the salary of each secretary shall be fixed by the quorum court of the county or counties involved. (c) In any case where a particular judicial district is comprised of more than one (1) county, the expenses shall be prorated among the counties comprising the district in such manner as the circuit judge may by order direct. Rev. Stat., ch. 43, § 47; C. & M. Dig., § 2118; Pope's Dig., § 2722; Acts 1977, No. 751, § 1; A.S.A. 1947, § 22-125.

(a) The expenses accruing in the circuit courts shall be paid out of the county treasury in which each court is held in the same manner as other demands.

(b) (1) These expenses shall include reasonable sums for the employment of secretaries by circuit judges and for reasonable office expenses and office supplies of the circuit judges. (2) In the event any circuit judge employs a secretary under the provisions of this section, the salary of each secretary shall be fixed by the quorum court of the county or counties involved.

(1) These expenses shall include reasonable sums for the employment of secretaries by circuit judges and for reasonable office expenses and office supplies of the circuit judges.

(2) In the event any circuit judge employs a secretary under the provisions of this section, the salary of each secretary shall be fixed by the quorum court of the county or counties involved.

(c) In any case where a particular judicial district is comprised of more than one (1) county, the expenses shall be prorated among the counties comprising the district in such manner as the circuit judge may by order direct.

Rev. Stat., ch. 43, § 47; C. & M. Dig., § 2118; Pope's Dig., § 2722; Acts 1977, No. 751, § 1; A.S.A. 1947, § 22-125.
Ark. Code Ann. § 16-20-309 — AR Code / Title 16 / Chapter 20 / Subchapter 3 / Section 16-20-309
Resignation, removal, or death - Settlement of accounts
Status: in_force

(a) Any clerk who resigns or is removed from office, or the executor or administrator of any clerk who dies, shall render a perfect account to the proper court, at the next term after the death, resignation, or removal. This account, on oath, shall be made of all arrearages of moneys received by him by virtue of his office, not previously accounted for, and shall settle with the court as if the clerk were still in office. (b) For this purpose, free access may be had to the office and the records, books, papers, and files therein. (c) The court may compel such settlement and enforce the payment of any balance by attachment. Rev. Stat., ch. 25, § 20; C. & M. Dig., § 1383; Pope's Dig., § 1644; A.S.A. 1947, § 23-319.

(a) Any clerk who resigns or is removed from office, or the executor or administrator of any clerk who dies, shall render a perfect account to the proper court, at the next term after the death, resignation, or removal. This account, on oath, shall be made of all arrearages of moneys received by him by virtue of his office, not previously accounted for, and shall settle with the court as if the clerk were still in office.

(b) For this purpose, free access may be had to the office and the records, books, papers, and files therein.

(c) The court may compel such settlement and enforce the payment of any balance by attachment.

Rev. Stat., ch. 25, § 20; C. & M. Dig., § 1383; Pope's Dig., § 1644; A.S.A. 1947, § 23-319.
Ark. Code Ann. § 16-93-1202 — AR Code / Title 16 / Chapter 93 / Subchapter 12 / Section 16-93-1202
Definitions
Status: in_force

As used in this subchapter: (1) "Board" means the Board of Corrections; (2) "Community correction" means: (A) Probation, a judicially imposed criminal sanction permitting varying levels of supervision of eligible offenders in the community; (B) Economic sanctions programs, including an active organized collection of fees, fines, restitution, day fines, day reporting centers, and penalties attached for nonpayment of fines; (C) Home detention programs, ranging from curfew programs to house arrest with and without electronic monitoring; (D) Community service programs, including both supervised and unsupervised work assignments and projects such that offenders provide substantial labor benefit to the community; (E) Work-release programs, including residential and nonresidential forms of labor, with salary, in the community; (F) Restitution programs, an organized collection and dissemination of restitution by a designated entity within the community correction range of services, including, when necessary, the use of restitution centers such that the offender is held accountable and the victim receives restitution ordered by the court in a timely fashion; (G) (i) Community correction facilities, multipurpose facilities encompassing security, correction, and services such that offenders can be housed therein when necessary but can also be assigned to or access correction programs and services which are housed there. (ii) Included therein are revocation centers, restitution centers, work-release centers, and community correction centers; (H) Boot camps, highly regimented programs encompassing strict discipline, education, treatment, and counseling designed to have the greatest positive impact on the offender in the shortest period of time; (I) Drug and alcohol treatment services, including both inpatient and outpatient drug and alcohol abuse treatment and counseling provided by qualified community correction service provider programs for correctional clients; (J) Educational programs, including programs focused on the acquisition of basic learning skills, general educational developmental preparation, literacy training, and other applicable areas of education that are of value to correctional clients; (K) Vocational programs, focused on the learning of a marketable skill by correctional clients utilizing qualified vocational and technical community correction service provider programs whenever possible; (L) Job skills programs, focused on the acquisition of basic job skills, especially those related to how to get a job and how to keep a job; (M) Mental health treatment services, including both inpatient and outpatient mental health, family, and psychological counseling and treatment provided by qualified community correction service provider programs for correctional clients; (N) Parole, an administrative condition permitting state supervision of eligible offenders sentenced to state correctional facilities and released therefrom to community correction programs or supervision; (O) Post-prison supervision, an administrative condition permitting state supervision of offenders sentenced to state correctional facilities and transferred from there to community correction programs or community supervision; and (P) Pretrial programs, including the supervision and monitoring of certain defendants while awaiting sentencing or disposition by a court; (3) "Community correction service provider program" means a public or private organization which provides treatment, guidance, training, support, or other rehabilitative services to individual offenders, offender groups, and their families in such areas as health, education, vocational training, special education, social services, psychological counseling, alcohol and drug treatment, and other applicable correctional concerns; (4) "Division of Community Correction" means the administrative structure in place to oversee the development and operation of community correction facilities, programs, and services, including probation, parole, and post-release supervision; (5) "Division of Correction" means the administrative structure in place to oversee the daily operation of secure prison facilities; (6) "Eligibility" or "eligible offender" means any person convicted of a felony who is by law eligible for such sentence or who is otherwise under the supervision of the Division of Community Correction and who falls within the population targeted by the General Assembly for inclusion in community correction facilities and who has not been subject to a disciplinary violation for a violent act or for sexual misconduct while in the custody of a jail or correctional facility and does not have a current or previous conviction for a violent or sexual offense listed under subdivision (10)(A)(ii) of this section; (7) "Incarceration" means commitment to the Division of Correction; (8) "Supervision" means direct supervision at varying levels of intensity by community supervision officers in the case of sentences to probation with a condition of community correction or offenders eligible for release on parole or offenders transferred to community correction or community supervision from the Division of Correction; (9) "Suspended imposition of sentence" means a procedure whereby a defendant who pleads or is found guilty of an offense is released by the court without pronouncement of sentence and without supervision; (10) (A) (i) "Target group" means a group of offenders who have committed one (1) or more of the following offenses without limitation: (a) Endangering the welfare of a minor in the first degree, § 5-27-205 ; (b) Theft, § 5-36-101 et seq.; (c) Theft by receiving, § 5-36-106 ; (d) Fraudulent use of a credit card or debit card, § 5-37-207 ; (e) Violation of the Arkansas Hot Check Law, § 5-37-301 et seq.; (f) Criminal mischief in the first degree, § 5-38-203 , and criminal mischief in the second degree, § 5-38-204 ; (g) Commercial burglary, § 5-39-201(b) ; (h) Breaking or entering, § 5-39-202 ; (i) Failure to appear, § 5-54-120 ; (j) Drug paraphernalia, § 5-64-443 ; (k) Driving or boating while intoxicated, § 5-65-103 , fourth or subsequent offense; (l) Leaving the scene of an accident resulting in death or injury, § 27-53-101 ; (m) A Class B felony, Class C felony, or Class D felony that is not violent or sexual and that meets the eligibility criteria determined by the General Assembly to have significant impact on the use of correctional resources; (n) A controlled substance felony, other than trafficking a controlled substance, § 5-64-440 ; (o) An unclassified felony for which the prescribed limitations on the sentence do not exceed the prescribed limitations for a Class B felony and that is not violent or sexual; and (p) Solicitation, attempt, or conspiracy to commit an offense listed in this subdivision (10)(A)(i). (ii) As used in this subdivision (10)(A), "violent or sexual" includes: (a) An offense against the person under § 5-10-101 et seq., § 5-11-101 et seq., § 5-12-101 et seq., § 5-13-201 et seq., § 5-13-310 , and § 5-14-101 et seq.; (b) A felony ineligible to receive earned release credits or a restricted release felony, as defined in § 16-93-1802 ; and (c) An offense containing as an element of the offense the use of physical force, the threatened use of serious physical force, the infliction of physical injury, or the creation of a substantial risk of serious physical injury, and an offense for which the offender is required to register as a sex offender under the Sex Offender Registration Act of 1997, § 12-12-901 et seq. (iii) For the purpose of the sealing of a criminal record under § 16-93-1207 , "target group" includes any misdemeanor conviction except a misdemeanor conviction for which the offender is required to register as a sex offender or a misdemeanor conviction for driving while intoxicated. (B) Except for those offenders assigned to a technical violator program, only those offenders falling within the target group population may access community correction facilities whether by judicial transfer, administrative transfer, drug court sanction, or probation sanction. (C) Final determination of eligibility for placement in any community correction center or program is the responsibility of the Division of Community Correction; (11) "Transfer" means an administrative condition permitting transfer of eligible offenders sentenced to traditional state correctional facilities to community correction facilities, programming, and community supervision, provided that only target offenders are eligible for the facilities; (12) (A) "Transfer date" means the earliest date on which an offender is eligible for transfer from the Division of Correction to the Division of Community Correction. (B) The date may be extended based on disciplinary behavior while under the custody of the Division of Correction; and (13) "Trial court" means any court of this state having jurisdiction of an eligible offender and the power to sentence the eligible offender to the included options, subject to eligibility determination by the Division of Community Correction. Amended by Act 2023, No. 659,§ 224, eff. 1/1/2024. Amended by Act 2023, No. 659,§ 223, eff. 1/1/2024. Amended by Act 2023, No. 659,§ 222, eff. 1/1/2024. Amended by Act 2021, No. 878,§ 1, eff. 7/28/2021. Amended by Act 2019, No. 910,§ 939, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 938, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 937, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 936, eff. 7/1/2019. Amended by Act 2017, No. 423,§ 26, eff. 8/1/2017. Amended by Act 2017, No. 423,§ 25, eff. 8/1/2017. Amended by Act 2017, No. 423,§ 24, eff. 8/1/2017. Amended by Act 2015, No. 549,§ 2, eff. 7/22/2015. Amended by Act 2013, No. 1460,§ 14, eff. 1/1/2014. Acts 1993, No. 531, § 3; 1993, No. 548, § 3; 1995, No. 577, § 1; 1997, No. 279, § 1; 1997, No. 945, § 2; 2001, No. 1255, § 1; 2003, No. 245, § 1; 2003, No. 1018, § 1; 2005, No. 1994, § 287; 2007, No. 744, § 3.

As used in this subchapter:

(1) "Board" means the Board of Corrections;

(2) "Community correction" means: (A) Probation, a judicially imposed criminal sanction permitting varying levels of supervision of eligible offenders in the community; (B) Economic sanctions programs, including an active organized collection of fees, fines, restitution, day fines, day reporting centers, and penalties attached for nonpayment of fines; (C) Home detention programs, ranging from curfew programs to house arrest with and without electronic monitoring; (D) Community service programs, including both supervised and unsupervised work assignments and projects such that offenders provide substantial labor benefit to the community; (E) Work-release programs, including residential and nonresidential forms of labor, with salary, in the community; (F) Restitution programs, an organized collection and dissemination of restitution by a designated entity within the community correction range of services, including, when necessary, the use of restitution centers such that the offender is held accountable and the victim receives restitution ordered by the court in a timely fashion; (G) (i) Community correction facilities, multipurpose facilities encompassing security, correction, and services such that offenders can be housed therein when necessary but can also be assigned to or access correction programs and services which are housed there. (ii) Included therein are revocation centers, restitution centers, work-release centers, and community correction centers; (H) Boot camps, highly regimented programs encompassing strict discipline, education, treatment, and counseling designed to have the greatest positive impact on the offender in the shortest period of time; (I) Drug and alcohol treatment services, including both inpatient and outpatient drug and alcohol abuse treatment and counseling provided by qualified community correction service provider programs for correctional clients; (J) Educational programs, including programs focused on the acquisition of basic learning skills, general educational developmental preparation, literacy training, and other applicable areas of education that are of value to correctional clients; (K) Vocational programs, focused on the learning of a marketable skill by correctional clients utilizing qualified vocational and technical community correction service provider programs whenever possible; (L) Job skills programs, focused on the acquisition of basic job skills, especially those related to how to get a job and how to keep a job; (M) Mental health treatment services, including both inpatient and outpatient mental health, family, and psychological counseling and treatment provided by qualified community correction service provider programs for correctional clients; (N) Parole, an administrative condition permitting state supervision of eligible offenders sentenced to state correctional facilities and released therefrom to community correction programs or supervision; (O) Post-prison supervision, an administrative condition permitting state supervision of offenders sentenced to state correctional facilities and transferred from there to community correction programs or community supervision; and (P) Pretrial programs, including the supervision and monitoring of certain defendants while awaiting sentencing or disposition by a court;

(A) Probation, a judicially imposed criminal sanction permitting varying levels of supervision of eligible offenders in the community;

(B) Economic sanctions programs, including an active organized collection of fees, fines, restitution, day fines, day reporting centers, and penalties attached for nonpayment of fines;

(C) Home detention programs, ranging from curfew programs to house arrest with and without electronic monitoring;

(D) Community service programs, including both supervised and unsupervised work assignments and projects such that offenders provide substantial labor benefit to the community;

(E) Work-release programs, including residential and nonresidential forms of labor, with salary, in the community;

(F) Restitution programs, an organized collection and dissemination of restitution by a designated entity within the community correction range of services, including, when necessary, the use of restitution centers such that the offender is held accountable and the victim receives restitution ordered by the court in a timely fashion;

(G) (i) Community correction facilities, multipurpose facilities encompassing security, correction, and services such that offenders can be housed therein when necessary but can also be assigned to or access correction programs and services which are housed there. (ii) Included therein are revocation centers, restitution centers, work-release centers, and community correction centers;

(i) Community correction facilities, multipurpose facilities encompassing security, correction, and services such that offenders can be housed therein when necessary but can also be assigned to or access correction programs and services which are housed there.

(ii) Included therein are revocation centers, restitution centers, work-release centers, and community correction centers;

(H) Boot camps, highly regimented programs encompassing strict discipline, education, treatment, and counseling designed to have the greatest positive impact on the offender in the shortest period of time;

(I) Drug and alcohol treatment services, including both inpatient and outpatient drug and alcohol abuse treatment and counseling provided by qualified community correction service provider programs for correctional clients;

(J) Educational programs, including programs focused on the acquisition of basic learning skills, general educational developmental preparation, literacy training, and other applicable areas of education that are of value to correctional clients;

(K) Vocational programs, focused on the learning of a marketable skill by correctional clients utilizing qualified vocational and technical community correction service provider programs whenever possible;

(L) Job skills programs, focused on the acquisition of basic job skills, especially those related to how to get a job and how to keep a job;

(M) Mental health treatment services, including both inpatient and outpatient mental health, family, and psychological counseling and treatment provided by qualified community correction service provider programs for correctional clients;

(N) Parole, an administrative condition permitting state supervision of eligible offenders sentenced to state correctional facilities and released therefrom to community correction programs or supervision;

(O) Post-prison supervision, an administrative condition permitting state supervision of offenders sentenced to state correctional facilities and transferred from there to community correction programs or community supervision; and

(P) Pretrial programs, including the supervision and monitoring of certain defendants while awaiting sentencing or disposition by a court;

(3) "Community correction service provider program" means a public or private organization which provides treatment, guidance, training, support, or other rehabilitative services to individual offenders, offender groups, and their families in such areas as health, education, vocational training, special education, social services, psychological counseling, alcohol and drug treatment, and other applicable correctional concerns;

(4) "Division of Community Correction" means the administrative structure in place to oversee the development and operation of community correction facilities, programs, and services, including probation, parole, and post-release supervision;

(5) "Division of Correction" means the administrative structure in place to oversee the daily operation of secure prison facilities;

(6) "Eligibility" or "eligible offender" means any person convicted of a felony who is by law eligible for such sentence or who is otherwise under the supervision of the Division of Community Correction and who falls within the population targeted by the General Assembly for inclusion in community correction facilities and who has not been subject to a disciplinary violation for a violent act or for sexual misconduct while in the custody of a jail or correctional facility and does not have a current or previous conviction for a violent or sexual offense listed under subdivision (10)(A)(ii) of this section;

(7) "Incarceration" means commitment to the Division of Correction;

(8) "Supervision" means direct supervision at varying levels of intensity by community supervision officers in the case of sentences to probation with a condition of community correction or offenders eligible for release on parole or offenders transferred to community correction or community supervision from the Division of Correction;

(9) "Suspended imposition of sentence" means a procedure whereby a defendant who pleads or is found guilty of an offense is released by the court without pronouncement of sentence and without supervision;

(10) (A) (i) "Target group" means a group of offenders who have committed one (1) or more of the following offenses without limitation: (a) Endangering the welfare of a minor in the first degree, § 5-27-205 ; (b) Theft, § 5-36-101 et seq.; (c) Theft by receiving, § 5-36-106 ; (d) Fraudulent use of a credit card or debit card, § 5-37-207 ; (e) Violation of the Arkansas Hot Check Law, § 5-37-301 et seq.; (f) Criminal mischief in the first degree, § 5-38-203 , and criminal mischief in the second degree, § 5-38-204 ; (g) Commercial burglary, § 5-39-201(b) ; (h) Breaking or entering, § 5-39-202 ; (i) Failure to appear, § 5-54-120 ; (j) Drug paraphernalia, § 5-64-443 ; (k) Driving or boating while intoxicated, § 5-65-103 , fourth or subsequent offense; (l) Leaving the scene of an accident resulting in death or injury, § 27-53-101 ; (m) A Class B felony, Class C felony, or Class D felony that is not violent or sexual and that meets the eligibility criteria determined by the General Assembly to have significant impact on the use of correctional resources; (n) A controlled substance felony, other than trafficking a controlled substance, § 5-64-440 ; (o) An unclassified felony for which the prescribed limitations on the sentence do not exceed the prescribed limitations for a Class B felony and that is not violent or sexual; and (p) Solicitation, attempt, or conspiracy to commit an offense listed in this subdivision (10)(A)(i). (ii) As used in this subdivision (10)(A), "violent or sexual" includes: (a) An offense against the person under § 5-10-101 et seq., § 5-11-101 et seq., § 5-12-101 et seq., § 5-13-201 et seq., § 5-13-310 , and § 5-14-101 et seq.; (b) A felony ineligible to receive earned release credits or a restricted release felony, as defined in § 16-93-1802 ; and (c) An offense containing as an element of the offense the use of physical force, the threatened use of serious physical force, the infliction of physical injury, or the creation of a substantial risk of serious physical injury, and an offense for which the offender is required to register as a sex offender under the Sex Offender Registration Act of 1997, § 12-12-901 et seq. (iii) For the purpose of the sealing of a criminal record under § 16-93-1207 , "target group" includes any misdemeanor conviction except a misdemeanor conviction for which the offender is required to register as a sex offender or a misdemeanor conviction for driving while intoxicated. (B) Except for those offenders assigned to a technical violator program, only those offenders falling within the target group population may access community correction facilities whether by judicial transfer, administrative transfer, drug court sanction, or probation sanction. (C) Final determination of eligibility for placement in any community correction center or program is the responsibility of the Division of Community Correction;

(A) (i) "Target group" means a group of offenders who have committed one (1) or more of the following offenses without limitation: (a) Endangering the welfare of a minor in the first degree, § 5-27-205 ; (b) Theft, § 5-36-101 et seq.; (c) Theft by receiving, § 5-36-106 ; (d) Fraudulent use of a credit card or debit card, § 5-37-207 ; (e) Violation of the Arkansas Hot Check Law, § 5-37-301 et seq.; (f) Criminal mischief in the first degree, § 5-38-203 , and criminal mischief in the second degree, § 5-38-204 ; (g) Commercial burglary, § 5-39-201(b) ; (h) Breaking or entering, § 5-39-202 ; (i) Failure to appear, § 5-54-120 ; (j) Drug paraphernalia, § 5-64-443 ; (k) Driving or boating while intoxicated, § 5-65-103 , fourth or subsequent offense; (l) Leaving the scene of an accident resulting in death or injury, § 27-53-101 ; (m) A Class B felony, Class C felony, or Class D felony that is not violent or sexual and that meets the eligibility criteria determined by the General Assembly to have significant impact on the use of correctional resources; (n) A controlled substance felony, other than trafficking a controlled substance, § 5-64-440 ; (o) An unclassified felony for which the prescribed limitations on the sentence do not exceed the prescribed limitations for a Class B felony and that is not violent or sexual; and (p) Solicitation, attempt, or conspiracy to commit an offense listed in this subdivision (10)(A)(i). (ii) As used in this subdivision (10)(A), "violent or sexual" includes: (a) An offense against the person under § 5-10-101 et seq., § 5-11-101 et seq., § 5-12-101 et seq., § 5-13-201 et seq., § 5-13-310 , and § 5-14-101 et seq.; (b) A felony ineligible to receive earned release credits or a restricted release felony, as defined in § 16-93-1802 ; and (c) An offense containing as an element of the offense the use of physical force, the threatened use of serious physical force, the infliction of physical injury, or the creation of a substantial risk of serious physical injury, and an offense for which the offender is required to register as a sex offender under the Sex Offender Registration Act of 1997, § 12-12-901 et seq. (iii) For the purpose of the sealing of a criminal record under § 16-93-1207 , "target group" includes any misdemeanor conviction except a misdemeanor conviction for which the offender is required to register as a sex offender or a misdemeanor conviction for driving while intoxicated.

(i) "Target group" means a group of offenders who have committed one (1) or more of the following offenses without limitation: (a) Endangering the welfare of a minor in the first degree, § 5-27-205 ; (b) Theft, § 5-36-101 et seq.; (c) Theft by receiving, § 5-36-106 ; (d) Fraudulent use of a credit card or debit card, § 5-37-207 ; (e) Violation of the Arkansas Hot Check Law, § 5-37-301 et seq.; (f) Criminal mischief in the first degree, § 5-38-203 , and criminal mischief in the second degree, § 5-38-204 ; (g) Commercial burglary, § 5-39-201(b) ; (h) Breaking or entering, § 5-39-202 ; (i) Failure to appear, § 5-54-120 ; (j) Drug paraphernalia, § 5-64-443 ; (k) Driving or boating while intoxicated, § 5-65-103 , fourth or subsequent offense; (l) Leaving the scene of an accident resulting in death or injury, § 27-53-101 ; (m) A Class B felony, Class C felony, or Class D felony that is not violent or sexual and that meets the eligibility criteria determined by the General Assembly to have significant impact on the use of correctional resources; (n) A controlled substance felony, other than trafficking a controlled substance, § 5-64-440 ; (o) An unclassified felony for which the prescribed limitations on the sentence do not exceed the prescribed limitations for a Class B felony and that is not violent or sexual; and (p) Solicitation, attempt, or conspiracy to commit an offense listed in this subdivision (10)(A)(i).

(a) Endangering the welfare of a minor in the first degree, § 5-27-205 ;

(b) Theft, § 5-36-101 et seq.;

(c) Theft by receiving, § 5-36-106 ;

(d) Fraudulent use of a credit card or debit card, § 5-37-207 ;

(e) Violation of the Arkansas Hot Check Law, § 5-37-301 et seq.;

(f) Criminal mischief in the first degree, § 5-38-203 , and criminal mischief in the second degree, § 5-38-204 ;

(g) Commercial burglary, § 5-39-201(b) ;

(h) Breaking or entering, § 5-39-202 ;

(i) Failure to appear, § 5-54-120 ;

(j) Drug paraphernalia, § 5-64-443 ;

(k) Driving or boating while intoxicated, § 5-65-103 , fourth or subsequent offense;

(l) Leaving the scene of an accident resulting in death or injury, § 27-53-101 ;

(m) A Class B felony, Class C felony, or Class D felony that is not violent or sexual and that meets the eligibility criteria determined by the General Assembly to have significant impact on the use of correctional resources;

(n) A controlled substance felony, other than trafficking a controlled substance, § 5-64-440 ;

(o) An unclassified felony for which the prescribed limitations on the sentence do not exceed the prescribed limitations for a Class B felony and that is not violent or sexual; and

(p) Solicitation, attempt, or conspiracy to commit an offense listed in this subdivision (10)(A)(i).

(ii) As used in this subdivision (10)(A), "violent or sexual" includes: (a) An offense against the person under § 5-10-101 et seq., § 5-11-101 et seq., § 5-12-101 et seq., § 5-13-201 et seq., § 5-13-310 , and § 5-14-101 et seq.; (b) A felony ineligible to receive earned release credits or a restricted release felony, as defined in § 16-93-1802 ; and (c) An offense containing as an element of the offense the use of physical force, the threatened use of serious physical force, the infliction of physical injury, or the creation of a substantial risk of serious physical injury, and an offense for which the offender is required to register as a sex offender under the Sex Offender Registration Act of 1997, § 12-12-901 et seq.

(a) An offense against the person under § 5-10-101 et seq., § 5-11-101 et seq., § 5-12-101 et seq., § 5-13-201 et seq., § 5-13-310 , and § 5-14-101 et seq.;

(b) A felony ineligible to receive earned release credits or a restricted release felony, as defined in § 16-93-1802 ; and

(c) An offense containing as an element of the offense the use of physical force, the threatened use of serious physical force, the infliction of physical injury, or the creation of a substantial risk of serious physical injury, and an offense for which the offender is required to register as a sex offender under the Sex Offender Registration Act of 1997, § 12-12-901 et seq.

(iii) For the purpose of the sealing of a criminal record under § 16-93-1207 , "target group" includes any misdemeanor conviction except a misdemeanor conviction for which the offender is required to register as a sex offender or a misdemeanor conviction for driving while intoxicated.

(B) Except for those offenders assigned to a technical violator program, only those offenders falling within the target group population may access community correction facilities whether by judicial transfer, administrative transfer, drug court sanction, or probation sanction.

(C) Final determination of eligibility for placement in any community correction center or program is the responsibility of the Division of Community Correction;

(11) "Transfer" means an administrative condition permitting transfer of eligible offenders sentenced to traditional state correctional facilities to community correction facilities, programming, and community supervision, provided that only target offenders are eligible for the facilities;

(12) (A) "Transfer date" means the earliest date on which an offender is eligible for transfer from the Division of Correction to the Division of Community Correction. (B) The date may be extended based on disciplinary behavior while under the custody of the Division of Correction; and

(A) "Transfer date" means the earliest date on which an offender is eligible for transfer from the Division of Correction to the Division of Community Correction.

(B) The date may be extended based on disciplinary behavior while under the custody of the Division of Correction; and

(13) "Trial court" means any court of this state having jurisdiction of an eligible offender and the power to sentence the eligible offender to the included options, subject to eligibility determination by the Division of Community Correction.

Amended by Act 2023, No. 659,§ 224, eff. 1/1/2024.

Amended by Act 2023, No. 659,§ 223, eff. 1/1/2024.

Amended by Act 2023, No. 659,§ 222, eff. 1/1/2024.

Amended by Act 2021, No. 878,§ 1, eff. 7/28/2021.

Amended by Act 2019, No. 910,§ 939, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 938, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 937, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 936, eff. 7/1/2019.

Amended by Act 2017, No. 423,§ 26, eff. 8/1/2017.

Amended by Act 2017, No. 423,§ 25, eff. 8/1/2017.

Amended by Act 2017, No. 423,§ 24, eff. 8/1/2017.

Amended by Act 2015, No. 549,§ 2, eff. 7/22/2015.

Amended by Act 2013, No. 1460,§ 14, eff. 1/1/2014.

Acts 1993, No. 531, § 3; 1993, No. 548, § 3; 1995, No. 577, § 1; 1997, No. 279, § 1; 1997, No. 945, § 2; 2001, No. 1255, § 1; 2003, No. 245, § 1; 2003, No. 1018, § 1; 2005, No. 1994, § 287; 2007, No. 744, § 3.
Ark. Code Ann. § 16-21-201 — AR Code / Title 16 / Chapter 21 / Subchapter 2 / Section 16-21-201
Title
Status: in_force

This subchapter shall be known as the "Prosecutor Coordinator Act of 1975". Acts 1975, No. 925, § 1; A.S.A. 1947, § 24-126.

This subchapter shall be known as the "Prosecutor Coordinator Act of 1975".

Acts 1975, No. 925, § 1; A.S.A. 1947, § 24-126.
Ark. Code Ann. § 16-93-307 — AR Code / Title 16 / Chapter 93 / Subchapter 3 / Section 16-93-307
Probation generally - Revocation hearings
Status: in_force

(a) (1) A defendant arrested for violation of suspension or probation is entitled to a preliminary hearing to determine whether there is reasonable cause to believe that he or she has violated a condition of suspension or probation. (2) The preliminary hearing shall be conducted by a court having original jurisdiction to try a criminal matter as soon as practicable after arrest and reasonably near the place of the alleged violation or arrest. (3) The defendant shall be given prior notice of the: (A) Time and place of the preliminary hearing; (B) Purpose of the preliminary hearing; and (C) Condition of suspension or probation the defendant is alleged to have violated. (4) Except as provided in subsection (c) of this section, the defendant has the right to hear and controvert evidence against him or her and to offer evidence in his or her own behalf. (5) (A) If the court conducting the preliminary hearing finds that there is reasonable cause to believe that the defendant has violated a condition of suspension or probation, it may order the defendant to be detained or it may return the defendant to supervision and may consider imposing one (1) or more intermediate sanctions in the sanctioning grid pending further revocation proceedings before the court that originally suspended imposition of sentence on the defendant or placed him or her on probation. (B) (i) If the court conducting the preliminary hearing does not find reasonable cause, it shall order the defendant released from custody. (ii) However, a release under subdivision (a)(5)(B)(i) of this section does not bar the court that suspended imposition of sentence on the defendant or placed him or her on probation from holding a hearing on the alleged violation of suspension or probation or from ordering that the defendant appear before it. (6) The court conducting the preliminary hearing shall prepare and furnish to the court that suspended imposition of sentence on the defendant or placed him or her on probation a summary of the preliminary hearing, including the responses of the defendant and the substance of the documents and evidence given in support of revocation. (b) (1) A suspension or probation shall not be revoked except after a revocation hearing. (2) The revocation hearing shall be conducted by the court that suspended imposition of sentence on the defendant or placed him or her on probation within a reasonable period of time after the defendant's arrest, not to exceed sixty (60) days. (3) The defendant shall be given prior written notice of the: (A) Time and place of the revocation hearing; (B) Purpose of the revocation hearing; and (C) Condition of suspension or probation the defendant is alleged to have violated. (4) Except as provided in subsection (c) of this section, the defendant has the right to: (A) Hear and controvert evidence against him or her; (B) Offer evidence in his or her own defense; and (C) Be represented by counsel. (5) If suspension or probation is revoked, the court shall prepare and furnish to the defendant a written statement of the evidence relied on and the reasons for revoking suspension or probation. (c) At a preliminary hearing pursuant to subsection (a) of this section or a revocation hearing pursuant to subsection (b) of this section: (1) The defendant has the right to counsel and to confront and cross-examine an adverse witness unless the court specifically finds good cause for not allowing confrontation; and (2) The court may permit the introduction of any relevant evidence of the alleged violation, including a letter, affidavit, and other documentary evidence, regardless of its admissibility under the rules governing the admission of evidence in a criminal trial. (d) A preliminary hearing pursuant to subsection (a) of this section is not required if: (1) The defendant waives the preliminary hearing; (2) The revocation is based on the defendant's commission of an offense for which he or she has been tried and found guilty in an independent criminal proceeding; or (3) The revocation hearing pursuant to subsection (b) of this section is held promptly after the arrest and in the judicial district where the alleged violation occurred or where the defendant was arrested. Acts 2011, No. 570, § 90.

(a) (1) A defendant arrested for violation of suspension or probation is entitled to a preliminary hearing to determine whether there is reasonable cause to believe that he or she has violated a condition of suspension or probation. (2) The preliminary hearing shall be conducted by a court having original jurisdiction to try a criminal matter as soon as practicable after arrest and reasonably near the place of the alleged violation or arrest. (3) The defendant shall be given prior notice of the: (A) Time and place of the preliminary hearing; (B) Purpose of the preliminary hearing; and (C) Condition of suspension or probation the defendant is alleged to have violated. (4) Except as provided in subsection (c) of this section, the defendant has the right to hear and controvert evidence against him or her and to offer evidence in his or her own behalf. (5) (A) If the court conducting the preliminary hearing finds that there is reasonable cause to believe that the defendant has violated a condition of suspension or probation, it may order the defendant to be detained or it may return the defendant to supervision and may consider imposing one (1) or more intermediate sanctions in the sanctioning grid pending further revocation proceedings before the court that originally suspended imposition of sentence on the defendant or placed him or her on probation. (B) (i) If the court conducting the preliminary hearing does not find reasonable cause, it shall order the defendant released from custody. (ii) However, a release under subdivision (a)(5)(B)(i) of this section does not bar the court that suspended imposition of sentence on the defendant or placed him or her on probation from holding a hearing on the alleged violation of suspension or probation or from ordering that the defendant appear before it. (6) The court conducting the preliminary hearing shall prepare and furnish to the court that suspended imposition of sentence on the defendant or placed him or her on probation a summary of the preliminary hearing, including the responses of the defendant and the substance of the documents and evidence given in support of revocation.

(1) A defendant arrested for violation of suspension or probation is entitled to a preliminary hearing to determine whether there is reasonable cause to believe that he or she has violated a condition of suspension or probation.

(2) The preliminary hearing shall be conducted by a court having original jurisdiction to try a criminal matter as soon as practicable after arrest and reasonably near the place of the alleged violation or arrest.

(3) The defendant shall be given prior notice of the: (A) Time and place of the preliminary hearing; (B) Purpose of the preliminary hearing; and (C) Condition of suspension or probation the defendant is alleged to have violated.

(A) Time and place of the preliminary hearing;

(B) Purpose of the preliminary hearing; and

(C) Condition of suspension or probation the defendant is alleged to have violated.

(4) Except as provided in subsection (c) of this section, the defendant has the right to hear and controvert evidence against him or her and to offer evidence in his or her own behalf.

(5) (A) If the court conducting the preliminary hearing finds that there is reasonable cause to believe that the defendant has violated a condition of suspension or probation, it may order the defendant to be detained or it may return the defendant to supervision and may consider imposing one (1) or more intermediate sanctions in the sanctioning grid pending further revocation proceedings before the court that originally suspended imposition of sentence on the defendant or placed him or her on probation. (B) (i) If the court conducting the preliminary hearing does not find reasonable cause, it shall order the defendant released from custody. (ii) However, a release under subdivision (a)(5)(B)(i) of this section does not bar the court that suspended imposition of sentence on the defendant or placed him or her on probation from holding a hearing on the alleged violation of suspension or probation or from ordering that the defendant appear before it.

(A) If the court conducting the preliminary hearing finds that there is reasonable cause to believe that the defendant has violated a condition of suspension or probation, it may order the defendant to be detained or it may return the defendant to supervision and may consider imposing one (1) or more intermediate sanctions in the sanctioning grid pending further revocation proceedings before the court that originally suspended imposition of sentence on the defendant or placed him or her on probation.

(B) (i) If the court conducting the preliminary hearing does not find reasonable cause, it shall order the defendant released from custody. (ii) However, a release under subdivision (a)(5)(B)(i) of this section does not bar the court that suspended imposition of sentence on the defendant or placed him or her on probation from holding a hearing on the alleged violation of suspension or probation or from ordering that the defendant appear before it.

(i) If the court conducting the preliminary hearing does not find reasonable cause, it shall order the defendant released from custody.

(ii) However, a release under subdivision (a)(5)(B)(i) of this section does not bar the court that suspended imposition of sentence on the defendant or placed him or her on probation from holding a hearing on the alleged violation of suspension or probation or from ordering that the defendant appear before it.

(6) The court conducting the preliminary hearing shall prepare and furnish to the court that suspended imposition of sentence on the defendant or placed him or her on probation a summary of the preliminary hearing, including the responses of the defendant and the substance of the documents and evidence given in support of revocation.

(b) (1) A suspension or probation shall not be revoked except after a revocation hearing. (2) The revocation hearing shall be conducted by the court that suspended imposition of sentence on the defendant or placed him or her on probation within a reasonable period of time after the defendant's arrest, not to exceed sixty (60) days. (3) The defendant shall be given prior written notice of the: (A) Time and place of the revocation hearing; (B) Purpose of the revocation hearing; and (C) Condition of suspension or probation the defendant is alleged to have violated. (4) Except as provided in subsection (c) of this section, the defendant has the right to: (A) Hear and controvert evidence against him or her; (B) Offer evidence in his or her own defense; and (C) Be represented by counsel. (5) If suspension or probation is revoked, the court shall prepare and furnish to the defendant a written statement of the evidence relied on and the reasons for revoking suspension or probation.

(1) A suspension or probation shall not be revoked except after a revocation hearing.

(2) The revocation hearing shall be conducted by the court that suspended imposition of sentence on the defendant or placed him or her on probation within a reasonable period of time after the defendant's arrest, not to exceed sixty (60) days.

(3) The defendant shall be given prior written notice of the: (A) Time and place of the revocation hearing; (B) Purpose of the revocation hearing; and (C) Condition of suspension or probation the defendant is alleged to have violated.

(A) Time and place of the revocation hearing;

(B) Purpose of the revocation hearing; and

(C) Condition of suspension or probation the defendant is alleged to have violated.

(4) Except as provided in subsection (c) of this section, the defendant has the right to: (A) Hear and controvert evidence against him or her; (B) Offer evidence in his or her own defense; and (C) Be represented by counsel.

(A) Hear and controvert evidence against him or her;

(B) Offer evidence in his or her own defense; and

(C) Be represented by counsel.

(5) If suspension or probation is revoked, the court shall prepare and furnish to the defendant a written statement of the evidence relied on and the reasons for revoking suspension or probation.

(c) At a preliminary hearing pursuant to subsection (a) of this section or a revocation hearing pursuant to subsection (b) of this section: (1) The defendant has the right to counsel and to confront and cross-examine an adverse witness unless the court specifically finds good cause for not allowing confrontation; and (2) The court may permit the introduction of any relevant evidence of the alleged violation, including a letter, affidavit, and other documentary evidence, regardless of its admissibility under the rules governing the admission of evidence in a criminal trial.

(1) The defendant has the right to counsel and to confront and cross-examine an adverse witness unless the court specifically finds good cause for not allowing confrontation; and

(2) The court may permit the introduction of any relevant evidence of the alleged violation, including a letter, affidavit, and other documentary evidence, regardless of its admissibility under the rules governing the admission of evidence in a criminal trial.

(d) A preliminary hearing pursuant to subsection (a) of this section is not required if: (1) The defendant waives the preliminary hearing; (2) The revocation is based on the defendant's commission of an offense for which he or she has been tried and found guilty in an independent criminal proceeding; or (3) The revocation hearing pursuant to subsection (b) of this section is held promptly after the arrest and in the judicial district where the alleged violation occurred or where the defendant was arrested.

(1) The defendant waives the preliminary hearing;

(2) The revocation is based on the defendant's commission of an offense for which he or she has been tried and found guilty in an independent criminal proceeding; or

(3) The revocation hearing pursuant to subsection (b) of this section is held promptly after the arrest and in the judicial district where the alleged violation occurred or where the defendant was arrested.

Acts 2011, No. 570, § 90.
Ark. Code Ann. § 16-68-304 — AR Code / Title 16 / Chapter 68 / Subchapter 3 / Section 16-68-304
State not required to give security for costs
Status: in_force

The state shall not be required or ruled to give security for costs in any case whatever, in any court. Acts 1855, § 7, p. 196; C. & M. Dig., § 9296; Pope's Dig., § 11982; A.S.A. 1947, § 27-2307.

The state shall not be required or ruled to give security for costs in any case whatever, in any court.

Acts 1855, § 7, p. 196; C. & M. Dig., § 9296; Pope's Dig., § 11982; A.S.A. 1947, § 27-2307.
Ark. Code Ann. § 16-90-107 — AR Code / Title 16 / Chapter 90 / Subchapter 1 / Section 16-90-107
Fixing of punishment generally
Status: in_force

(a) When a jury finds a verdict of guilty and fails to agree on the punishment to be inflicted, or does not declare the punishment in its verdict, or if it assesses a punishment not authorized by law, and in all cases of a judgment on confession, the court shall assess and declare the punishment and render judgment accordingly. (b) (1) Juries and courts shall have the power to assess the punishment of one convicted of a felony at a general sentence to the Division of Correction. The sentence shall not be less than the minimum nor greater than the maximum time provided by law. (2) At any time after the expiration of the minimum time, upon the recommendation of the Director of the Division of Correction and it appearing that a prisoner has a good record as a convict, his or her sentence may be terminated by the Post-Prison Transfer Board. (c) If the jury in any case assesses a greater punishment, whether of fine or imprisonment, than the highest limit declared by law for the offense for which the jury convicts the defendant, the court shall disregard the excess and enter judgment and pronounce sentence according to the highest limit prescribed by law in the particular case. (d) If the jury in any case assesses a punishment, whether of fine or imprisonment, below the limit prescribed by law for offenses of which the defendant is convicted, the court shall render judgment and pronounce sentence according to the lowest limit prescribed by law in such cases. (e) The court shall have power in all cases of conviction to reduce the extent or duration of the punishment assessed by a jury so that the punishment is not in any case reduced below the limit prescribed by law in such cases if the conviction is proper and the punishment assessed is greater than ought to be inflicted under the circumstances of the case. Amended by Act 2023, No. 659,§ 123, eff. 1/1/2024. Rev. Stat., ch. 45, §§ 176-179; Acts 1907, No. 440, § 2, p. 1174; C. & M. Dig., §§ 3204, 3230-3233; Pope's Dig., §§ 4040, 4070-4073; A.S.A. 1947, §§ 43-2306 -- 43-2310.

(a) When a jury finds a verdict of guilty and fails to agree on the punishment to be inflicted, or does not declare the punishment in its verdict, or if it assesses a punishment not authorized by law, and in all cases of a judgment on confession, the court shall assess and declare the punishment and render judgment accordingly.

(b) (1) Juries and courts shall have the power to assess the punishment of one convicted of a felony at a general sentence to the Division of Correction. The sentence shall not be less than the minimum nor greater than the maximum time provided by law. (2) At any time after the expiration of the minimum time, upon the recommendation of the Director of the Division of Correction and it appearing that a prisoner has a good record as a convict, his or her sentence may be terminated by the Post-Prison Transfer Board.

(1) Juries and courts shall have the power to assess the punishment of one convicted of a felony at a general sentence to the Division of Correction. The sentence shall not be less than the minimum nor greater than the maximum time provided by law.

(2) At any time after the expiration of the minimum time, upon the recommendation of the Director of the Division of Correction and it appearing that a prisoner has a good record as a convict, his or her sentence may be terminated by the Post-Prison Transfer Board.

(c) If the jury in any case assesses a greater punishment, whether of fine or imprisonment, than the highest limit declared by law for the offense for which the jury convicts the defendant, the court shall disregard the excess and enter judgment and pronounce sentence according to the highest limit prescribed by law in the particular case.

(d) If the jury in any case assesses a punishment, whether of fine or imprisonment, below the limit prescribed by law for offenses of which the defendant is convicted, the court shall render judgment and pronounce sentence according to the lowest limit prescribed by law in such cases.

(e) The court shall have power in all cases of conviction to reduce the extent or duration of the punishment assessed by a jury so that the punishment is not in any case reduced below the limit prescribed by law in such cases if the conviction is proper and the punishment assessed is greater than ought to be inflicted under the circumstances of the case.

Amended by Act 2023, No. 659,§ 123, eff. 1/1/2024.

Rev. Stat., ch. 45, §§ 176-179; Acts 1907, No. 440, § 2, p. 1174; C. & M. Dig., §§ 3204, 3230-3233; Pope's Dig., §§ 4040, 4070-4073; A.S.A. 1947, §§ 43-2306 -- 43-2310.
Ark. Code Ann. § 16-120-1101 — AR Code / Title 16 / Chapter 120 / Subchapter 11 / Section 16-120-1101
[Expired]
Status: repealed

Added by Act 2021, No. 559,§ 1, eff. 4/5/2021. Expired 5/1/2023by § 2. See Act 2021, No. 559, § 2.

Added by Act 2021, No. 559,§ 1, eff. 4/5/2021. Expired 5/1/2023by § 2.

See Act 2021, No. 559, § 2.
Ark. Code Ann. § 16-121-102 — AR Code / Title 16 / Chapter 121 / Section 16-121-102
Presumptions
Status: in_force

(a) The receipt of benefits because of meter tampering or unauthorized reconnection of utility services by a utility customer without incurring proper charges therefor shall be evidence creating presumption of an intent to defraud or deprive a utility supplier from receiving proper charge or payment for such utility service. (b) The presence upon property served by a utility supplier of a metering device altered to improperly monitor the amount of utility service used on or by such property shall be evidence creating a presumption that the utility customer has diverted or obtained utility service with the intent to deprive or defraud a utility supplier from receiving proper charges or payment for such utility service. Acts 1989, No. 595, § 2.

(a) The receipt of benefits because of meter tampering or unauthorized reconnection of utility services by a utility customer without incurring proper charges therefor shall be evidence creating presumption of an intent to defraud or deprive a utility supplier from receiving proper charge or payment for such utility service.

(b) The presence upon property served by a utility supplier of a metering device altered to improperly monitor the amount of utility service used on or by such property shall be evidence creating a presumption that the utility customer has diverted or obtained utility service with the intent to deprive or defraud a utility supplier from receiving proper charges or payment for such utility service.

Acts 1989, No. 595, § 2.
Ark. Code Ann. § 16-65-116 — AR Code / Title 16 / Chapter 65 / Subchapter 1 / Section 16-65-116
Recordation of decree of conveyance required
Status: in_force

(a) In all cases where a circuit court shall decree a conveyance of real estate or that real estate pass, the party in whose favor the decree is made shall cause a copy thereof to be recorded in the recorder's office of the county in which the lands to be conveyed lie, within one (1) year after the making of the decree. If the decree is not recorded within that time, it shall be void as to all subsequent purchasers without notice. (b) The term "real estate", as used in this act, shall be construed to include all estates and interest in lands and tenements, whether legal or equitable, liable to be sold under execution. Rev. Stat., ch. 84, §§ 33, 34; C. & M. Dig., §§ 6283, 6284; Pope's Dig., §§ 8239, 8240; A.S.A. 1947, §§ 29-128, 29-129.

(a) In all cases where a circuit court shall decree a conveyance of real estate or that real estate pass, the party in whose favor the decree is made shall cause a copy thereof to be recorded in the recorder's office of the county in which the lands to be conveyed lie, within one (1) year after the making of the decree. If the decree is not recorded within that time, it shall be void as to all subsequent purchasers without notice.

(b) The term "real estate", as used in this act, shall be construed to include all estates and interest in lands and tenements, whether legal or equitable, liable to be sold under execution.

Rev. Stat., ch. 84, §§ 33, 34; C. & M. Dig., §§ 6283, 6284; Pope's Dig., §§ 8239, 8240; A.S.A. 1947, §§ 29-128, 29-129.
Ark. Code Ann. § 16-59-105 — AR Code / Title 16 / Chapter 59 / Section 16-59-105
Fees of recorder - Taxing as costs
Status: in_force

For the indexing and recording of the notice of the pendency of the suit, the recorder of deeds shall be entitled to the same fees as are provided by law for recording and indexing deeds. The sum thus paid to the recorder shall be taxed as part of the costs of executing the process by the sheriff or other officer. Acts 1903, No. 65, § 6, p. 118; C. & M. Dig., § 6984; Pope's Dig., § 8964; A.S.A. 1947, § 27-504.

For the indexing and recording of the notice of the pendency of the suit, the recorder of deeds shall be entitled to the same fees as are provided by law for recording and indexing deeds. The sum thus paid to the recorder shall be taxed as part of the costs of executing the process by the sheriff or other officer.

Acts 1903, No. 65, § 6, p. 118; C. & M. Dig., § 6984; Pope's Dig., § 8964; A.S.A. 1947, § 27-504.
Ark. Code Ann. § 16-21-205 — AR Code / Title 16 / Chapter 21 / Subchapter 2 / Section 16-21-205
Fee reports
Status: in_force

(a) (1) All agencies and public officials receiving fees pursuant to § 5-37-307 or § 16-21-120 shall submit a report to the Prosecutor Coordinator's office monthly. (2) The Prosecution Coordination Commission shall determine the contents of the report. (3) This report shall be reviewed by the Prosecutor Coordinator's office. (b) (1) After three (3) months where the accounts and accounting systems are not reconciled or reports are not received by the Prosecution Coordination Commission, the commission shall have the authority, after a hearing, to suspend an agency's or officer's ability to have a hot check program for failure to comply with good governmental accounting procedures and practices and the reporting requirement mandated by this section. (2) Any entity with a program suspended shall be reported to the Legislative Joint Auditing Committee. Acts 1993, No. 1306, § 12.

(a) (1) All agencies and public officials receiving fees pursuant to § 5-37-307 or § 16-21-120 shall submit a report to the Prosecutor Coordinator's office monthly. (2) The Prosecution Coordination Commission shall determine the contents of the report. (3) This report shall be reviewed by the Prosecutor Coordinator's office.

(1) All agencies and public officials receiving fees pursuant to § 5-37-307 or § 16-21-120 shall submit a report to the Prosecutor Coordinator's office monthly.

(2) The Prosecution Coordination Commission shall determine the contents of the report.

(3) This report shall be reviewed by the Prosecutor Coordinator's office.

(b) (1) After three (3) months where the accounts and accounting systems are not reconciled or reports are not received by the Prosecution Coordination Commission, the commission shall have the authority, after a hearing, to suspend an agency's or officer's ability to have a hot check program for failure to comply with good governmental accounting procedures and practices and the reporting requirement mandated by this section. (2) Any entity with a program suspended shall be reported to the Legislative Joint Auditing Committee.

(1) After three (3) months where the accounts and accounting systems are not reconciled or reports are not received by the Prosecution Coordination Commission, the commission shall have the authority, after a hearing, to suspend an agency's or officer's ability to have a hot check program for failure to comply with good governmental accounting procedures and practices and the reporting requirement mandated by this section.

(2) Any entity with a program suspended shall be reported to the Legislative Joint Auditing Committee.

Acts 1993, No. 1306, § 12.
Ark. Code Ann. § 16-120-1003 — AR Code / Title 16 / Chapter 120 / Subchapter 10 / Section 16-120-1003
Liability of a bicycle outfitter
Status: in_force

Except as provided in § 16-120-1004(2) : (1) (A) A participant assumes the inherent risk of a cycling activity by engaging in the cycling activity. (B) A participant or a participant's representative shall not make a claim against, maintain an action against, or recover from a bicycle outfitter for the loss or damage or injury to or the death of the participant resulting from the inherent risk of a cycling activity; and (2) A bicycle outfitter is not liable for an injury to or the death of a participant resulting from the inherent risk of a cycling activity. Added by Act 2019, No. 573,§ 1, eff. 7/24/2019.

Except as provided in § 16-120-1004(2) :

(1) (A) A participant assumes the inherent risk of a cycling activity by engaging in the cycling activity. (B) A participant or a participant's representative shall not make a claim against, maintain an action against, or recover from a bicycle outfitter for the loss or damage or injury to or the death of the participant resulting from the inherent risk of a cycling activity; and

(A) A participant assumes the inherent risk of a cycling activity by engaging in the cycling activity.

(B) A participant or a participant's representative shall not make a claim against, maintain an action against, or recover from a bicycle outfitter for the loss or damage or injury to or the death of the participant resulting from the inherent risk of a cycling activity; and

(2) A bicycle outfitter is not liable for an injury to or the death of a participant resulting from the inherent risk of a cycling activity.

Added by Act 2019, No. 573,§ 1, eff. 7/24/2019.
Ark. Code Ann. § 16-110-109 — AR Code / Title 16 / Chapter 110 / Subchapter 1 / Section 16-110-109
Priority of orders of attachment
Status: in_force

Where there are several orders of attachment against the same defendant, they shall be executed in the order in which they were received by the county sheriff or other officer. Civil Code, § 226; C. & M. Dig., § 506; Pope's Dig., § 543; A.S.A. 1947, § 31-112.

Where there are several orders of attachment against the same defendant, they shall be executed in the order in which they were received by the county sheriff or other officer.

Civil Code, § 226; C. & M. Dig., § 506; Pope's Dig., § 543; A.S.A. 1947, § 31-112.
Ark. Code Ann. § 16-13-204 — AR Code / Title 16 / Chapter 13 / Subchapter 2 / Section 16-13-204
Issuance of writs, orders, or process
Status: in_force

(a) The circuit courts and their judges shall have the power to issue all proper writs, orders, or process in the cases mentioned in §§ 16-13-201(b)(1) and 16-13-203 . (b) The circuit courts and their judges shall have power to issue all writs, orders, and process which may be necessary in the exercise of their jurisdiction, according to the principles and usages of law. Civil Code, § 19; Acts 1873, No. 88, § 1 [19], p. 213; C. & M. Dig., § 2241; Pope's Dig., § 2869; A.S.A. 1947, § 22-307.

(a) The circuit courts and their judges shall have the power to issue all proper writs, orders, or process in the cases mentioned in §§ 16-13-201(b)(1) and 16-13-203 .

(b) The circuit courts and their judges shall have power to issue all writs, orders, and process which may be necessary in the exercise of their jurisdiction, according to the principles and usages of law.

Civil Code, § 19; Acts 1873, No. 88, § 1 [19], p. 213; C. & M. Dig., § 2241; Pope's Dig., § 2869; A.S.A. 1947, § 22-307.
Ark. Code Ann. § 16-66-507 — AR Code / Title 16 / Chapter 66 / Subchapter 5 / Section 16-66-507
Conveyance by sheriff - Right to possession
Status: in_force

(a) After the time for redemption has expired, the sheriff or his or her successor shall convey by deed the property sold under the provisions of this subchapter to the person entitled thereto. (b) Upon the conveyance, the grantee, if possession is not delivered within ten (10) days, may proceed by forcible detainer to be put in possession thereof. Civil Code, § 697; C. & M. Dig., §§ 4334, 4340, 4841; Pope's Dig., §§ 5346, 5352, 6038; A.S.A. 1947, § 30-445.

(a) After the time for redemption has expired, the sheriff or his or her successor shall convey by deed the property sold under the provisions of this subchapter to the person entitled thereto.

(b) Upon the conveyance, the grantee, if possession is not delivered within ten (10) days, may proceed by forcible detainer to be put in possession thereof.

Civil Code, § 697; C. & M. Dig., §§ 4334, 4340, 4841; Pope's Dig., §§ 5346, 5352, 6038; A.S.A. 1947, § 30-445.
Ark. Code Ann. § 16-119-108 — AR Code / Title 16 / Chapter 119 / Section 16-119-108
Restoration of record of married person's schedule of property
Status: in_force

(a) (1) In all cases in which any married woman availed herself of the provisions of §§ 9-11-501 and 9-11-509 - 9-11-514 and has filed in the office of the county recorder a schedule of the property to which she is entitled under the provisions of §§ 9-11-501 and 9-11-509 - 9-11-514 , and the schedule has been lost, destroyed, or burned, the married woman may file in the office of the clerk of the circuit court of the county, her petition addressed to the circuit court, setting forth a full description of the nature of the property and the manner in which she derived title to the property, and setting forth that a schedule of the property, under the provisions of §§ 9-11-501 and 9-11-509 - 9-11-514 , has been filed in the office of the county recorder. (2) The petition shall state, as nearly as possible, the time when the schedule was filed and pray that the schedule may be reinstated and admitted of record in the county recorder's office of the county. The petition shall be verified by the affidavit of the petitioner or some other disinterested reputable person for her. (b) The circuit court, being sufficiently advised of the truth of the matters set forth in the petition, shall grant the prayer of the petition and shall direct a copy of the petition and decree of the circuit court, granting the prayer thereof, to be certified by the clerk of the circuit court under seal. The petition and decree shall be recorded in the county recorder's office of the county and shall relate back to and have full force and effect from the date of the filing of the original schedule of the property for record. (c) No such decree shall be rendered by the circuit court unless the applicant has previously given public notice of the intended application, addressed to all whom it might concern, by publication for two (2) consecutive weeks in some newspaper published in the county or, if none is published therein, then in some newspaper printed in Little Rock, Arkansas, for at least six (6) consecutive weeks before the commencement of the term of circuit court at which the application is to be made. Acts 1855, § 5, p. 113; 1857, §§ 1, 2, p. 81; C. & M. Dig., §§ 8342, 8349; Pope's Dig., §§ 10938, 10945; A.S.A. 1947, §§ 16-407, 16-411, 16-412; Acts 2003, No. 1185, § 248.

(a) (1) In all cases in which any married woman availed herself of the provisions of §§ 9-11-501 and 9-11-509 - 9-11-514 and has filed in the office of the county recorder a schedule of the property to which she is entitled under the provisions of §§ 9-11-501 and 9-11-509 - 9-11-514 , and the schedule has been lost, destroyed, or burned, the married woman may file in the office of the clerk of the circuit court of the county, her petition addressed to the circuit court, setting forth a full description of the nature of the property and the manner in which she derived title to the property, and setting forth that a schedule of the property, under the provisions of §§ 9-11-501 and 9-11-509 - 9-11-514 , has been filed in the office of the county recorder. (2) The petition shall state, as nearly as possible, the time when the schedule was filed and pray that the schedule may be reinstated and admitted of record in the county recorder's office of the county. The petition shall be verified by the affidavit of the petitioner or some other disinterested reputable person for her.

(1) In all cases in which any married woman availed herself of the provisions of §§ 9-11-501 and 9-11-509 - 9-11-514 and has filed in the office of the county recorder a schedule of the property to which she is entitled under the provisions of §§ 9-11-501 and 9-11-509 - 9-11-514 , and the schedule has been lost, destroyed, or burned, the married woman may file in the office of the clerk of the circuit court of the county, her petition addressed to the circuit court, setting forth a full description of the nature of the property and the manner in which she derived title to the property, and setting forth that a schedule of the property, under the provisions of §§ 9-11-501 and 9-11-509 - 9-11-514 , has been filed in the office of the county recorder.

(2) The petition shall state, as nearly as possible, the time when the schedule was filed and pray that the schedule may be reinstated and admitted of record in the county recorder's office of the county. The petition shall be verified by the affidavit of the petitioner or some other disinterested reputable person for her.

(b) The circuit court, being sufficiently advised of the truth of the matters set forth in the petition, shall grant the prayer of the petition and shall direct a copy of the petition and decree of the circuit court, granting the prayer thereof, to be certified by the clerk of the circuit court under seal. The petition and decree shall be recorded in the county recorder's office of the county and shall relate back to and have full force and effect from the date of the filing of the original schedule of the property for record.

(c) No such decree shall be rendered by the circuit court unless the applicant has previously given public notice of the intended application, addressed to all whom it might concern, by publication for two (2) consecutive weeks in some newspaper published in the county or, if none is published therein, then in some newspaper printed in Little Rock, Arkansas, for at least six (6) consecutive weeks before the commencement of the term of circuit court at which the application is to be made.

Acts 1855, § 5, p. 113; 1857, §§ 1, 2, p. 81; C. & M. Dig., §§ 8342, 8349; Pope's Dig., §§ 10938, 10945; A.S.A. 1947, §§ 16-407, 16-411, 16-412; Acts 2003, No. 1185, § 248.
Ark. Code Ann. § 16-10-311 — AR Code / Title 16 / Chapter 10 / Subchapter 3 / Section 16-10-311
Transfer of funds from State Administration of Justice Fund
Status: in_force

The Department of Finance and Administration may transfer funds, from time to time, from the State Administration of Justice Fund to the State Central Services Fund in such amounts as may be required to reimburse the State Central Services Fund for expenses of the Administration of Justice Funds Section of the Department of Finance and Administration. Acts 1997, No. 855, § 4.

The Department of Finance and Administration may transfer funds, from time to time, from the State Administration of Justice Fund to the State Central Services Fund in such amounts as may be required to reimburse the State Central Services Fund for expenses of the Administration of Justice Funds Section of the Department of Finance and Administration.

Acts 1997, No. 855, § 4.
Ark. Code Ann. § 16-124-110 — AR Code / Title 16 / Chapter 124 / Section 16-124-110
Attachment against assets
Status: in_force

(a) (1) A plaintiff under this chapter, subject to subsection (c) of this section, may request an ex parte prejudgment attachment order from the court against all assets of a defendant sufficient to satisfy a potential award. (2) If attachment is instituted, a defendant is entitled to an immediate hearing. (3) Attachment may be lifted if the defendant demonstrates that the assets will be available for a potential award or if the defendant posts a bond sufficient to cover a potential award. (b) A person against whom a judgment has been rendered under this chapter is not eligible to exempt any property, of whatever kind, from process to levy or process to execute on the judgment. (c) Any assets sought to satisfy a judgment under this chapter that are named in a forfeiture action or have been seized for forfeiture by any state or federal agency may not be used to satisfy a judgment unless and until the assets have been released following the conclusion of the forfeiture action or released by the agency that seized the assets. Acts 1995, No. 896, § 11.

(a) (1) A plaintiff under this chapter, subject to subsection (c) of this section, may request an ex parte prejudgment attachment order from the court against all assets of a defendant sufficient to satisfy a potential award. (2) If attachment is instituted, a defendant is entitled to an immediate hearing. (3) Attachment may be lifted if the defendant demonstrates that the assets will be available for a potential award or if the defendant posts a bond sufficient to cover a potential award.

(1) A plaintiff under this chapter, subject to subsection (c) of this section, may request an ex parte prejudgment attachment order from the court against all assets of a defendant sufficient to satisfy a potential award.

(2) If attachment is instituted, a defendant is entitled to an immediate hearing.

(3) Attachment may be lifted if the defendant demonstrates that the assets will be available for a potential award or if the defendant posts a bond sufficient to cover a potential award.

(b) A person against whom a judgment has been rendered under this chapter is not eligible to exempt any property, of whatever kind, from process to levy or process to execute on the judgment.

(c) Any assets sought to satisfy a judgment under this chapter that are named in a forfeiture action or have been seized for forfeiture by any state or federal agency may not be used to satisfy a judgment unless and until the assets have been released following the conclusion of the forfeiture action or released by the agency that seized the assets.

Acts 1995, No. 896, § 11.