reglab/statecodes huggingface dataset:
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 1 - GENERAL PROVISIONS (§§ 5-1-101 — 5-5-501) › Chapter 4 - DISPOSITION OF OFFENDERS (§§ 5-4-101 — 5-4-913) › Subchapter 8 - SENTENCING ALTERNATIVE - COMMUNITY SERVICE WORK (§§ 5-4-801 — 5-4-805) › Section 5-4-801 - Definitions

As used in this subchapter:
(1)
"Community work project" means any program in which an eligible offender in a county jail is allowed to work under the supervision of a government entity on projects on public lands, public buildings, public roads, public parks, and public rights-of-way designed to benefit the government entity supervising the eligible offender;
(2)
"Eligible offender" means any person convicted of a misdemeanor offense or felony offense other than:
(A)
Capital murder, §
5-10-101
;
(B)
Murder in the first degree, §
5-10-102
;
(C)
Murder in the second degree, §
5-10-103
;
(D)
Manslaughter, §
5-10-104
;
(E)
Rape, §
5-14-103
;
(F)
Kidnapping, §
5-11-102
;
(G)
Aggravated robbery, §
5-12-103
;
(H)
Driving or boating while intoxicated, second or subsequent offense, §
5-65-103
;
(I)
Negligent homicide, §
5-10-105
;
(J)
Trafficking a controlled substance, §
5-64-440
;
(K)
Any felony involving violence as listed under §
5-4-501(d)(2)
; or
(L)
Any offense requiring registration under the Sex Offender Registration Act of 1997, §
12-12-901
et seq.; and
(3)
"Work incentive credit" means a sentence credit of up to three (3) days as designated by the court toward completion of an eligible offender's sentence for each day the eligible offender works on a community work project.
Amended by Act 2015, No. 299,§ 4, eff. 7/22/2015.
Acts 2011, No. 570, § 21.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 1 - GENERAL PROVISIONS (§§ 5-1-101 — 5-5-501) › Chapter 4 - DISPOSITION OF OFFENDERS (§§ 5-4-101 — 5-4-913) › Subchapter 8 - SENTENCING ALTERNATIVE - COMMUNITY SERVICE WORK (§§ 5-4-801 — 5-4-805) › Section 5-4-802 - Rules

The Board of Corrections shall promulgate necessary rules to be followed by a government entity in the supervision of eligible offenders sentenced under this subchapter.
Amended by Act 2013, No. 1125,§ 2, eff. 8/16/2013.
Acts 2011, No. 570, § 21.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 1 - GENERAL PROVISIONS (§§ 5-1-101 — 5-5-501) › Chapter 4 - DISPOSITION OF OFFENDERS (§§ 5-4-101 — 5-4-913) › Subchapter 8 - SENTENCING ALTERNATIVE - COMMUNITY SERVICE WORK (§§ 5-4-801 — 5-4-805) › Section 5-4-804 - Medical treatment and costs

(a)
The state is responsible for the cost of medical treatment approved by the Division of Correction of an eligible offender sentenced to a felony under this subchapter if the medical treatment is for:
(1)
The result of an injury sustained on the work site of the community work project or during transportation to and from the work site by a government entity; or
(2)
(A)
The result of illness or an injury sustained by an eligible offender committed to the county jail or regional jail and who is assigned to a community work project.
(B)
The division may transfer an eligible offender committed to a county jail or regional jail under this subchapter to a medical facility or treatment facility, including a facility of the division, it deems appropriate for the medical treatment.
(b)
Nothing in this section precludes the division from seeking reimbursement or damages from a person or entity that contributes to or causes the injury or illness referred to in this section.
Amended by Act 2019, No. 910,§ 664, eff. 7/1/2019.
Acts 2011, No. 570, § 21.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 1 - GENERAL PROVISIONS (§§ 5-1-101 — 5-5-501) › Chapter 4 - DISPOSITION OF OFFENDERS (§§ 5-4-101 — 5-4-913) › Subchapter 8 - SENTENCING ALTERNATIVE - COMMUNITY SERVICE WORK (§§ 5-4-801 — 5-4-805) › Section 5-4-805 - Reimbursement for housing eligible offenders

The state shall reimburse a county for housing an eligible offender convicted of a felony offense and sentenced under this subchapter at a rate to be determined by the Board of Corrections.
Acts 2011, No. 570, § 21.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 1 - GENERAL PROVISIONS (§§ 5-1-101 — 5-5-501) › Chapter 4 - DISPOSITION OF OFFENDERS (§§ 5-4-101 — 5-4-913) › Subchapter 9 - SENTENCING ALTERNATIVE - PRE-ADJUDICATION PROBATION (§§ 5-4-901 — 5-4-913) › Section 5-4-901 - Legislative intent

The intent of this act is to provide the judiciary with an additional alternative to the disposition of criminal offenders that would assist the offender in atoning for his or her criminal transgression and promote the enforcement of the state's criminal statutes while easing the inmate burden on the county jails and the Division of Correction.
Amended by Act 2019, No. 910,§ 665, eff. 7/1/2019.
Added by Act 2013, No. 1340,§ 1, eff. 8/16/2013.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 1 - GENERAL PROVISIONS (§§ 5-1-101 — 5-5-501) › Chapter 4 - DISPOSITION OF OFFENDERS (§§ 5-4-101 — 5-4-913) › Subchapter 9 - SENTENCING ALTERNATIVE - PRE-ADJUDICATION PROBATION (§§ 5-4-901 — 5-4-913) › Section 5-4-902 - Definitions

As used in this subchapter, "pre-adjudication" means the period of time after:
(1)
The prosecuting attorney files a criminal information or an indictment is filed in circuit court;
(2)
The person named in the criminal information or indictment is arraigned on the charge in circuit court; and
(3)
The person enters the program without a guilty plea or the person enters a plea of guilty but before the circuit court enters a judgment and pronounces a sentence against the person.
Added by Act 2013, No. 1340,§ 1, eff. 8/16/2013.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 1 - GENERAL PROVISIONS (§§ 5-1-101 — 5-5-501) › Chapter 4 - DISPOSITION OF OFFENDERS (§§ 5-4-101 — 5-4-913) › Subchapter 9 - SENTENCING ALTERNATIVE - PRE-ADJUDICATION PROBATION (§§ 5-4-901 — 5-4-913) › Section 5-4-903 - Program authorized

(a)
(1)
Each judicial district of this state may establish a pre-adjudication probation program under this subchapter.
(2)
The structure, method, and operation of the pre-adjudication probation program may differ and shall be based upon the specific needs of and resources available to the judicial district where the pre-adjudication probation program is located.
(b)
(1)
A pre-adjudication probation program may incorporate services from various state agencies and educational institutions, including without limitation the Division of Community Correction, the Department of Human Services, the Adult Education Section, vocational schools, technical schools, community colleges, and two-year and four-year public universities.
(2)
Participating state agencies and educational institutions may provide:
(A)
Persons to serve as pre-adjudication probation officers, drug counselors, or other support staff;
(B)
Drug testing and other substance-abuse facilities;
(C)
Intensive short-term and long-term residential treatment for participants in the pre-adjudication probation program who have demonstrated a need for substance abuse treatment or other mental health-related treatment;
(D)
Educational materials, classrooms, and staff; and
(E)
Other personnel, support staff, or facilities that the circuit court administering the pre-adjudication probation program finds necessary or helpful.
(c)
Subject to an appropriation, funding, and position authorization, both programmatic and administrative, the Administrative Office of the Courts shall:
(1)
Provide state-level coordination and support for circuit courts administering the pre-adjudication probation program;
(2)
Administer funds for the maintenance and operation of local pre-adjudication probation programs;
(3)
Provide training and education to judges and other professionals involved in pre-adjudication probation programs; and
(4)
Operate as a liaison between judges and other state-level agencies providing services to pre-adjudication probation programs.
Amended by Act 2019, No. 910,§ 1033, eff. 7/1/2019.
Amended by Act 2015, No. 1198,§ 2, eff. 7/22/2015.
Added by Act 2013, No. 1340,§ 1, eff. 8/16/2013.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 1 - GENERAL PROVISIONS (§§ 5-1-101 — 5-5-501) › Chapter 4 - DISPOSITION OF OFFENDERS (§§ 5-4-101 — 5-4-913) › Subchapter 9 - SENTENCING ALTERNATIVE - PRE-ADJUDICATION PROBATION (§§ 5-4-901 — 5-4-913) › Section 5-4-904 - Eligibility

(a)
The judicial district in which a person is charged with a felony shall have in place a pre-adjudication probation program as authorized by this subchapter before this subchapter may be utilized by the person charged with the felony, the circuit court with jurisdiction, or the state.
(b)
A person charged with a felony is eligible to participate in a pre-adjudication probation program if:
(1)
The circuit court with jurisdiction over the case and the prosecuting attorney agree; and
(2)
The person is not charged with one (1) of the following criminal offenses:
(A)
A criminal offense for which the person would be required to register as a sex offender under the Sex Offender Registration Act of 1997, §
12-12-901
et seq.;
(B)
A felony involving violence as listed in §
5-4-501(d)(2)
;
(C)
A felony involving a victim who was seventeen (17) years of age or younger at the time the felony was committed; or
(D)
A felony involving a victim who was sixty-five (65) years of age or older at the time the felony was committed.
(c)
(1)
A person charged with a traffic offense committed in any type of motor vehicle who was a holder of a commercial learner's permit or commercial driver license at the time the traffic offense was committed is ineligible to participate in a pre-adjudication probation program.
(2)
As used in subdivision (c)(1) of this section, "traffic offense" does not include a parking violation, motor vehicle weight violation, or motor vehicle defect violation.
Added by Act 2013, No. 1340,§ 1, eff. 8/16/2013.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 1 - GENERAL PROVISIONS (§§ 5-1-101 — 5-5-501) › Chapter 4 - DISPOSITION OF OFFENDERS (§§ 5-4-101 — 5-4-913) › Subchapter 9 - SENTENCING ALTERNATIVE - PRE-ADJUDICATION PROBATION (§§ 5-4-901 — 5-4-913) › Section 5-4-905 - Sanctions

(a)
(1)
A pre-adjudication probation program judge may impose sanctions on a pre-adjudication probation program participant who fails to complete certain court-ordered pre-adjudication program requirements or meet certain court-ordered pre-adjudication program goals.
(2)
Sanctions may include without limitation:
(A)
Time spent in the custody of the county sheriff;
(B)
Additional fines;
(C)
Community service;
(D)
Substance abuse testing;
(E)
Written assignments; and
(F)
Volunteer work for a nonprofit organization.
(b)
The imposition of an additional sanction under this section:
(1)
Is not an execution of a sentence resulting from a conviction for the criminal offense for which the participant has entered the pre-adjudication probation program; and
(2)
Does not result by itself in the expulsion of the pre-adjudication probation program participant from the pre-adjudication probation program.
Added by Act 2013, No. 1340,§ 1, eff. 8/16/2013.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 1 - GENERAL PROVISIONS (§§ 5-1-101 — 5-5-501) › Chapter 4 - DISPOSITION OF OFFENDERS (§§ 5-4-101 — 5-4-913) › Subchapter 9 - SENTENCING ALTERNATIVE - PRE-ADJUDICATION PROBATION (§§ 5-4-901 — 5-4-913) › Section 5-4-906 - Record sealing upon completion

(a)
A pre-adjudication probation program judge, on his or her own motion or upon a request from the participant in the pre-adjudication probation program, shall order sealing and dismissal of a case if:
(1)
The participant in the pre-adjudication probation program has successfully completed a pre-adjudication probation program, as determined by the pre-adjudication probation program judge;
(2)
The pre-adjudication probation program judge has received a recommendation from the prosecuting attorney for sealing and dismissal of the case; and
(3)
The pre-adjudication probation program judge, after considering the past criminal history of the participant in the pre-adjudication probation program, determines that sealing and dismissal of the case is appropriate.
(b)
Unless otherwise ordered by the pre-adjudication probation program court, sealing under this section shall be as described in the Comprehensive Criminal Record Sealing Act of 2013, §
16-90-1401
et seq.
Amended by Act 2015, No. 1155,§ 3, eff. 7/22/2015.
Added by Act 2013, No. 1340,§ 1, eff. 8/16/2013.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 1 - GENERAL PROVISIONS (§§ 5-1-101 — 5-5-501) › Chapter 4 - DISPOSITION OF OFFENDERS (§§ 5-4-101 — 5-4-913) › Subchapter 9 - SENTENCING ALTERNATIVE - PRE-ADJUDICATION PROBATION (§§ 5-4-901 — 5-4-913) › Section 5-4-907 - Cost, fees, and restitution

(a)
The pre-adjudication probation program judge may order the offender to pay:
(1)
Court costs as provided in §
16-10-305
;
(2)
Any substance abuse treatment costs;
(3)
Drug testing costs;
(4)
Costs associated with mental health treatment;
(5)
A pre-adjudication probation program user fee;
(6)
Any restitution owed the victim of the charged criminal offense;
(7)
Necessary supervision fees;
(8)
Any applicable residential treatment fees;
(9)
Tuition and other educational fees for vocational schools, technical schools, community colleges, or two-year and four-year public universities that are part of the pre-adjudication probation program for which the offender is participating; and
(10)
Any fees determined or authorized under §
12-27-125(b)(17)(B)
or §
16-93-104(a)(1)
, which are to be paid to the Division of Community Correction.
(b)
(1)
The pre-adjudication probation program judge shall establish a schedule for the payment of costs, fees, and restitution.
(2)
The cost for substance abuse treatment, mental health treatment, drug testing, and supervision shall be set by the treatment and supervision providers respectively and made part of the order of the pre-adjudication probation program judge for payment.
(3)
Pre-adjudication probation program user fees shall be set by the pre-adjudication probation program judge.
(4)
Treatment, drug testing, and supervision costs or fees shall be paid to the respective providers.
(5)
Fees determined or authorized under §
12-27-125(b)(17)(B)
or §
16-93-104(a)(1)
shall be paid to the division.
(6)
Restitution to the victim shall be paid directly to the victim.
(c)
Court orders for costs, fees, and restitution shall remain an obligation of the participant in the pre-adjudication probation program with court monitoring until fully paid.
Amended by Act 2015, No. 1198,§ 3, eff. 7/22/2015.
Added by Act 2013, No. 1340,§ 1, eff. 8/16/2013.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 1 - GENERAL PROVISIONS (§§ 5-1-101 — 5-5-501) › Chapter 4 - DISPOSITION OF OFFENDERS (§§ 5-4-101 — 5-4-913) › Subchapter 9 - SENTENCING ALTERNATIVE - PRE-ADJUDICATION PROBATION (§§ 5-4-901 — 5-4-913) › Section 5-4-908 - Program operation

(a)
(1)
A pre-adjudication probation program may require a separate judicial processing system differing in practice and design from the traditional adversarial criminal prosecution and trial systems.
(2)
A pre-adjudication probation program team shall be designated by a circuit judge assigned to manage the pre-adjudication probation program docket and may include a circuit judge, a prosecuting attorney, a public defender or private defense attorney, one (1) or more probation officers, and any other individual or individuals determined necessary by the pre-adjudication probation program judge.
(3)
(A)
The administrative judge of the judicial district shall designate one (1) or more circuit judges to administer the pre-adjudication probation program.
(B)
If a county is in a judicial district that does not have a circuit judge who is able to administer the pre-adjudication probation program on a consistent basis, the administrative plan for the judicial circuit required by Supreme Court Administrative Order No. 14 may designate a state district court judge to administer the pre-adjudication probation program.
(b)
Each judicial district may develop a training and implementation manual for a pre-adjudication probation program with the assistance of:
(1)
The Department of Human Services;
(2)
The Division of Elementary and Secondary Education;
(3)
The Adult Education Section;
(4)
The Division of Community Correction;
(5)
The Administrative Office of the Courts; and
(6)
Any vocational school, technical school, community college, or two-year and four-year public university that has volunteered to be part of the pre-adjudication program in the judicial district.
Amended by Act 2019, No. 910,§ 134, eff. 7/1/2019.
Amended by Act 2015, No. 1198,§ 4, eff. 7/22/2015.
Added by Act 2013, No. 1340,§ 1, eff. 8/16/2013.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 1 - GENERAL PROVISIONS (§§ 5-1-101 — 5-5-501) › Chapter 4 - DISPOSITION OF OFFENDERS (§§ 5-4-101 — 5-4-913) › Subchapter 9 - SENTENCING ALTERNATIVE - PRE-ADJUDICATION PROBATION (§§ 5-4-901 — 5-4-913) › Section 5-4-909 - Administrative Office of the Courts

The Administrative Office of the Courts shall:
(1)
Serve as a coordinator between pre-adjudication probation program judges, the Department of Community Correction, and other parties;
(2)
Establish, manage, and maintain a uniform statewide pre-adjudication probation program information system to track information and data on pre-adjudication probation program participants;
(3)
Train and educate pre-adjudication probation program judges and pre-adjudication probation program staff in those judicial districts maintaining a pre-adjudication probation program;
(4)
Oversee the disbursement of funds appropriated to the Administrative Office of the Courts for the maintenance and operation of local pre-adjudication probation programs based on a formula developed by the office; and
(5)
Develop guidelines to serve as a framework for developing effective local pre-adjudication probation programs and to provide a structure for conducting research and evaluation for pre-adjudication probation program accountability.
Added by Act 2013, No. 1340,§ 1, eff. 8/16/2013.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 1 - GENERAL PROVISIONS (§§ 5-1-101 — 5-5-501) › Chapter 4 - DISPOSITION OF OFFENDERS (§§ 5-4-101 — 5-4-913) › Subchapter 9 - SENTENCING ALTERNATIVE - PRE-ADJUDICATION PROBATION (§§ 5-4-901 — 5-4-913) › Section 5-4-910 - Disposition of court costs and user fees

(a)
All court costs and pre-adjudication probation program user fees assessed by the pre-adjudication probation program judge shall be paid to the circuit court clerk for remittance to the county treasury under §
14-14-1313
.
(b)
The county treasurer shall credit all court costs received under this section to the county administration of justice fund to be distributed under §
16-10-307
.
(c)
The county treasurer shall credit all pre-adjudication probation program user fees received under this section to a fund known as the county pre-adjudication probation program fund and appropriated by the quorum court for the benefit and administration of the pre-adjudication probation program.
Added by Act 2013, No. 1340,§ 1, eff. 8/16/2013.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 1 - GENERAL PROVISIONS (§§ 5-1-101 — 5-5-501) › Chapter 4 - DISPOSITION OF OFFENDERS (§§ 5-4-101 — 5-4-913) › Subchapter 9 - SENTENCING ALTERNATIVE - PRE-ADJUDICATION PROBATION (§§ 5-4-901 — 5-4-913) › Section 5-4-911 - Required resources

Each pre-adjudication probation program established under this subchapter, subject to an appropriation, funding, and position authorization, both programmatic and administrative, shall be provided with the following resources:
(1)
The Department of Community Correction shall provide the following pursuant to §
5-4-903
for adult offenders:
(A)
A minimum of one (1) counselor position for every thirty (30) pre-adjudication probation program participants;
(B)
A minimum of one (1) probation officer position for every forty (40) pre-adjudication probation program participants;
(C)
A minimum of one (1) administrative assistant position for each pre-adjudication probation program; and
(D)
Drug screens and testing as needed.
(2)
The Administrative Office of the Courts shall:
(A)
Provide funding for additional ongoing maintenance and operation costs of local pre-adjudication probation programs not provided by the Department of Community Correction or the Department of Human Services, including without limitation local pre-adjudication probation program supplies, education, travel, and related expenses;
(B)
Provide direct support to the pre-adjudication probation program judge and pre-adjudication probation program;
(C)
Provide coordination between the multidisciplinary team and the pre-adjudication probation program judge;
(D)
Provide case management;
(E)
Monitor compliance of pre-adjudication probation program participants with pre-adjudication probation program requirements; and
(F)
Provide pre-adjudication probation program evaluation and accountability.
Added by Act 2013, No. 1340,§ 1, eff. 8/16/2013.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 1 - GENERAL PROVISIONS (§§ 5-1-101 — 5-5-501) › Chapter 4 - DISPOSITION OF OFFENDERS (§§ 5-4-101 — 5-4-913) › Subchapter 9 - SENTENCING ALTERNATIVE - PRE-ADJUDICATION PROBATION (§§ 5-4-901 — 5-4-913) › Section 5-4-913 - Education screening

A person eligible to enter a pre-adjudication program under this subchapter shall have his or her education level assessed by the court by completing a reading, literacy, and math assessment by the Adult Education Section.
Amended by Act 2019, No. 910,§ 1034, eff. 7/1/2019.
Added by Act 2015, No. 1198,§ 5, eff. 7/22/2015.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 1 - GENERAL PROVISIONS (§§ 5-1-101 — 5-5-501) › Chapter 5 - DISPOSITION OF CONTRABAND AND SEIZED PROPERTY (§§ 5-5-101 — 5-5-501) › Subchapter 1 - GENERAL PROVISIONS (§§ 5-5-101 — 5-5-102) › Section 5-5-102 - Effect of noncode statutes

When a statute not a part of the Arkansas Criminal Code specifies a procedure for the disposition or destruction of a particular type of seized property, the seized property shall be disposed of or destroyed in accordance with that statute.
Acts 1975, No. 280, § 1402; A.S.A. 1947, § 41-1402.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 1 - GENERAL PROVISIONS (§§ 5-1-101 — 5-5-501) › Chapter 5 - DISPOSITION OF CONTRABAND AND SEIZED PROPERTY (§§ 5-5-101 — 5-5-501) › Subchapter 2 - FORFEITURE OF CONVEYANCES USED IN COMMISSION OF CERTAIN CRIMES (§§ 5-5-201 — 5-5-204) › Section 5-5-201 - Forfeiture requirement - Exceptions

(a)
Upon conviction, any conveyance, including an aircraft, motor vehicle, or vessel, is subject to forfeiture under this subchapter if it is used in the commission or attempt of:
(1)
A burglary;
(2)
A robbery;
(3)
A theft;
(4)
An arson; or
(5)
Trafficking of persons, §
5-18-103
.
(b)
However:
(1)
A conveyance used by any person as a common carrier in the transaction of business as a common carrier is not subject to forfeiture under this subchapter unless it appears that the owner or other person in charge of the conveyance was a consenting party or privy to the commission or attempt to commit the offense;
(2)
A conveyance is not subject to forfeiture under this subchapter by reason of any act or omission established by the owner of the conveyance to have been committed or omitted without his or her knowledge or consent and without the knowledge or consent of any person having possession, care, or control of the conveyance with the owner's permission; and
(3)
A forfeiture of a conveyance encumbered by a security interest is subject to the security interest of the secured party if the secured party neither had knowledge of nor consented to the use of the conveyance in the commission or attempt to commit the offense.
(c)
(1)
A person who uses or possesses one (1) or more of the following items or conveyances in the commission of a second or subsequent offense for criminal trespass, §
5-39-203
, or criminal trespass on premises located in an unincorporated area, §
5-39-305
, that occurs within five (5) years of a prior offense of criminal trespass, §
5-39-203
, or criminal trespass on premises located in an unincorporated area, §
5-39-305
, is subject to that item's or conveyance's being seized and forfeited under this subchapter:
(A)
An all-terrain vehicle, as defined under §
27-21-102
;
(B)
A conveyance, including an aircraft, motor vehicle, or vessel;
(C)
A harvesting device, as defined under §
5-39-101
;
(D)
A killing device, as defined under §
5-39-101
; or
(E)
A tool or other implement.
(2)
A person or entity that has a valid security interest in an item or conveyance subject to seizure and forfeiture under this subsection is entitled to notice of any forfeiture proceeding as well as the right to intervene in the forfeiture proceeding in order to secure and represent the person's or entity's interest in the item or conveyance to be forfeited.
Amended by Act 2017, No. 877,§ 1, eff. 8/1/2017.
Amended by Act 2013, No. 1363,§ 1, eff. 8/16/2013.
Amended by Act 2013, No. 1157,§ 2, eff. 8/16/2013.
Acts 1985, No. 238, § 1; A.S.A. 1947, § 41-1403.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 1 - GENERAL PROVISIONS (§§ 5-1-101 — 5-5-501) › Chapter 5 - DISPOSITION OF CONTRABAND AND SEIZED PROPERTY (§§ 5-5-101 — 5-5-501) › Subchapter 2 - FORFEITURE OF CONVEYANCES USED IN COMMISSION OF CERTAIN CRIMES (§§ 5-5-201 — 5-5-204) › Section 5-5-202 - Seizure of conveyances

(a)
A conveyance subject to forfeiture under this subchapter may be seized by any law enforcement agent upon process issued by any circuit court having jurisdiction over the conveyance upon a petition filed by the prosecuting attorney of the judicial district.
(b)
Seizure without process may be made if:
(1)
The seizure is incident to an arrest or a search under a search warrant; or
(2)
Any law enforcement officer has probable cause to believe that the conveyance was used in the commission or attempt of:
(A)
A burglary;
(B)
A robbery;
(C)
A theft;
(D)
An arson; or
(E)
Trafficking of persons, §
5-18-103
.
Amended by Act 2015, No. 1155,§ 4, eff. 7/22/2015.
Amended by Act 2013, No. 1157,§ 3, eff. 8/16/2013.
Acts 1985, No. 238, § 2; A.S.A. 1947, § 41-1404.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 1 - GENERAL PROVISIONS (§§ 5-1-101 — 5-5-501) › Chapter 5 - DISPOSITION OF CONTRABAND AND SEIZED PROPERTY (§§ 5-5-101 — 5-5-501) › Subchapter 2 - FORFEITURE OF CONVEYANCES USED IN COMMISSION OF CERTAIN CRIMES (§§ 5-5-201 — 5-5-204) › Section 5-5-203 - Control of seized conveyances

(a)
When a conveyance is seized under this subchapter, the conveyance shall remain in the custody of the seizing law enforcement agency.
(b)
(1)
The conveyance is not subject to replevin.
(2)
However, the conveyance is subject only to an order or decree of the circuit court having jurisdiction over the conveyance.
Acts 1985, No. 238, § 3; A.S.A. 1947, § 41-1405.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 1 - GENERAL PROVISIONS (§§ 5-1-101 — 5-5-501) › Chapter 5 - DISPOSITION OF CONTRABAND AND SEIZED PROPERTY (§§ 5-5-101 — 5-5-501) › Subchapter 2 - FORFEITURE OF CONVEYANCES USED IN COMMISSION OF CERTAIN CRIMES (§§ 5-5-201 — 5-5-204) › Section 5-5-204 - Use or sale of conveyances - Disposition of sale proceeds

(a)
(1)
(A)
Upon conviction and a hearing, when the circuit court having jurisdiction over the conveyance seized finds by a preponderance of the evidence that a ground for a forfeiture exists under this subchapter, the circuit court may enter an order to sell the conveyance.
(B)
After allowance for reasonable expenses of seizure and maintenance of custody of the conveyance, the proceeds from a sale under subdivision (a)(1)(A) of this section shall be used to satisfy any outstanding restitution under §
5-4-205
owed to a victim of an offense for which the conveyance was used, if the victim files a petition with the circuit court or makes a request to the circuit court within thirty (30) days of the filing of the sentencing order of the convicted defendant.
(2)
If there is not a victim of an offense owed restitution under §
5-4-205
, the circuit court shall enter an order to:
(A)
Permit the law enforcement agency or the prosecuting attorney for the judicial district in which the conveyance was seized to retain the conveyance for official use; or
(B)
(i)
Permit the law enforcement agency to sell the conveyance at a public or private sale.
(ii)
In the event of a sale, the circuit court shall provide by order that the proceeds be used for payment of any proper expense of the proceeding for forfeiture and sale, including expenses of:
(a)
Investigation;
(b)
Seizure;
(c)
Maintenance of custody;
(d)
Advertising; and
(e)
Court costs.
(b)
Any proceeds from the sale of a forfeited conveyance under subdivision (a)(2)(B) of this section, or if there was a victim of an offense owed restitution under §
5-4-205
, the proceeds remaining after the satisfaction of the victim's restitution under §
5-4-205
in excess of a proper expense shall be distributed as follows:
(1)
Forty percent (40%) to be deposited into the State Treasury as special revenues to the credit of the Division of Arkansas State Police Fund;
(2)
(A)
Forty percent (40%) to the law enforcement agency that perfected the arrest.
(B)
However, if a federal agency perfected the arrest, the forty percent (40%) under subdivision (b)(2)(A) of this section shall be distributed to the county sheriff's office of the county responsible for the prosecution; and
(3)
Twenty percent (20%) to the county sheriff's office of the county responsible for the prosecution.
Amended by Act 2023, No. 659,§ 24, eff. 1/1/2024.
Amended by Act 2013, No. 1125,§ 4, eff. 8/16/2013.
Acts 1985, No. 238, § 4; A.S.A. 1947, § 41-1406; Acts 2011, No. 866, § 1.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 1 - GENERAL PROVISIONS (§§ 5-1-101 — 5-5-501) › Chapter 5 - DISPOSITION OF CONTRABAND AND SEIZED PROPERTY (§§ 5-5-101 — 5-5-501) › Subchapter 3 - FORFEITURE OF PROPERTY DUE TO THEFT OF LIVESTOCK (§§ 5-5-301 — 5-5-306) › Section 5-5-301 - Definitions

As used in this subchapter:
(1)
(A)
"Contraband property" means property of any nature, including personal property, tangible property, or intangible property.
(B)
"Contraband property" does not include real property;
(2)
"Livestock" means:
(A)
Cattle or swine or a sheep, goat, horse, or mule; and
(B)
Any carcass, skin, or part of cattle or swine or a sheep, goat, horse, or mule; and
(3)
"Theft of livestock" means a theft of property:
(A)
That is classified as a felony violation pursuant to §
5-36-103
; and
(B)
In which the property taken was livestock.
Acts 1993, No. 1031, § 1.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 1 - GENERAL PROVISIONS (§§ 5-1-101 — 5-5-501) › Chapter 5 - DISPOSITION OF CONTRABAND AND SEIZED PROPERTY (§§ 5-5-101 — 5-5-501) › Subchapter 3 - FORFEITURE OF PROPERTY DUE TO THEFT OF LIVESTOCK (§§ 5-5-301 — 5-5-306) › Section 5-5-302 - Property subject to forfeiture

(a)
The following property is subject to forfeiture pursuant to this subchapter:
(1)
Contraband property used or intended to be used in the commission of theft of livestock;
(2)
The proceeds gained from the commission of theft of livestock;
(3)
Personal property acquired with proceeds gained from the commission of theft of livestock;
(4)
(A)
Any conveyance, including an aircraft, vessel, vehicle, or horse that is used or intended for use to transport or in any manner to facilitate the transportation for the purpose of the commission of theft of livestock.
(B)
No conveyance used by any person as a common carrier in the transportation of business as a common carrier is subject to forfeiture under this section unless it appears that the owner or other person in charge of the conveyance is a consenting party or privy to a violation of this subchapter.
(C)
No conveyance is subject to forfeiture under this section by reason of any act or omission established by the owner of the conveyance to have been committed or omitted without the owner's knowledge or consent.
(D)
A forfeiture of a conveyance encumbered by a bona fide security interest is subject to the bona fide security interest of the secured party;
(5)
Any book, record, or research product or material including microfilm, tape, or data that is used or intended for use in the theft of livestock; and
(6)
(A)
(i)
Anything of value furnished or intended to be furnished or traded or used as payment or invested for anything of value in return for the commission of the theft of livestock.
(ii)
However, subdivision (a)(6)(A)(i) of this section does not include real property.
(B)
It may be presumed that property described in subdivision (a)(6)(A)(i) of this section was acquired with proceeds gained from the commission of theft of livestock and is subject to forfeiture.
(b)
Property that is used in the commission of theft of livestock that has title of ownership with two (2) parties on the title or a cosigner is subject to forfeiture if one (1) party on the title uses the property in the commission of theft of livestock or receives titled property as the proceeds of the commission of theft of livestock, even if the second party claims that he or she did not have knowledge or involvement in the commission of theft of livestock.
(c)
(1)
Any money, coin, or currency found in possession of a person arrested for the theft of livestock or found in, on, or in close proximity to any forfeited property used or intended for the use in the theft of livestock is presumed to be forfeitable under this section.
(2)
The burden of proof is upon a claimant of property described in subdivision (c)(1) of this section to rebut the presumption under subdivision (c)(1) of this section.
Acts 1993, No. 1031, § 2.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 1 - GENERAL PROVISIONS (§§ 5-1-101 — 5-5-501) › Chapter 5 - DISPOSITION OF CONTRABAND AND SEIZED PROPERTY (§§ 5-5-101 — 5-5-501) › Subchapter 3 - FORFEITURE OF PROPERTY DUE TO THEFT OF LIVESTOCK (§§ 5-5-301 — 5-5-306) › Section 5-5-304 - Disposition of forfeited property

(a)
Subject to the provisions of subsection (c) of this section, if property forfeited pursuant to §
5-5-302
is harmful to the public health or is required by law to be destroyed, the law enforcement agency to which the property is forfeited shall:
(1)
Require the sheriff of the county to take custody of the property and remove it to any appropriate location for disposition in accordance with law; or
(2)
Forward the property to the Department of Arkansas State Police for disposition.
(b)
Subject to the provisions of subsection (c) of this section, if property forfeited pursuant to §
5-5-302
is not harmful to the public health and is not required by law to be destroyed, the law enforcement agency to which the property is forfeited shall:
(1)
Sell the property in accordance with subsection (d) of this section; or
(2)
Retain the property for official use if the property is not subject to a lien that has been preserved by the circuit court.
(c)
If the property is a controlled substance, the law enforcement agency to which the property is forfeited shall transfer it to the Drug Enforcement Administration of the United States Department of Justice or the Department of Health for disposition or destruction.
(d)
(1)
If a law enforcement agency desires to sell property forfeited to it pursuant to §
5-5-302
, the law enforcement agency shall first cause notice of the sale to be made by publication at least two (2) times a week for two (2) consecutive weeks in a newspaper having general circulation in the county and sending a copy of the notice of the sale by certified mail, return receipt requested, to any person having ownership of or a security interest in the property or in the manner provided in Rule 4 of the Arkansas Rules of Civil Procedure, if:
(A)
The property is of a type for which title or registration is required by law;
(B)
The owner of the property is known in fact to the law enforcement agency at the time of seizure; or
(C)
The property is subject to a security interest perfected in accordance with the Uniform Commercial Code, §
4-1-101
et seq.
(2)
The notice of the sale shall include the time, place, and conditions of the sale and a description of the property to be sold.
(3)
The property shall then be disposed of at public auction to the highest bidder for cash without appraisal.
Acts 1993, No. 1031, § 4.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 1 - GENERAL PROVISIONS (§§ 5-1-101 — 5-5-501) › Chapter 5 - DISPOSITION OF CONTRABAND AND SEIZED PROPERTY (§§ 5-5-101 — 5-5-501) › Subchapter 3 - FORFEITURE OF PROPERTY DUE TO THEFT OF LIVESTOCK (§§ 5-5-301 — 5-5-306) › Section 5-5-305 - Disposition of proceeds

(a)
The proceeds of any sale pursuant to §
5-5-304
and any moneys forfeited pursuant to §
5-5-302
shall be applied to payment of the:
(1)
Balance due on any lien preserved by the circuit court in the forfeiture proceeding;
(2)
Cost incurred by the seizing law enforcement agency in connection with the storage, maintenance, security, and forfeiture of the property;
(3)
Cost incurred by the prosecuting attorney or attorney for the law enforcement agency approved by the prosecuting attorney to which the property is forfeited; and
(4)
Cost incurred by the circuit court.
(b)
The remaining proceeds or moneys shall be disposed of as follows:
(1)
If the law enforcement agency is a state agency, the entire amount shall be deposited into the State Treasury into the fund for that state agency for the law enforcement purposes for that state agency; and
(2)
(A)
If the law enforcement agency is a:
(i)
County sheriff's office, the entire amount shall be deposited into the county treasury and credited to a special law enforcement forfeiture fund in the county treasury; or
(ii)
City or town police agency, the entire amount shall be deposited into the city or town treasury and credited to a special law enforcement forfeiture fund in the city or town treasury.
(B)
Moneys in the special law enforcement forfeiture fund in the county, city, or town treasury shall be expended only upon appropriation to the county sheriff's office or to the city or town police agency by the county quorum court or governing body of the city or town:
(i)
To defray the cost of a protracted investigation;
(ii)
To provide additional technical equipment or expertise;
(iii)
To provide matching funds to obtain a federal grant; or
(iv)
For such other law enforcement purposes as the county quorum court or governing body of the city or town deems appropriate.
(C)
Moneys in the special law enforcement forfeiture fund in the county, city, or town treasury shall not be considered a source of revenue to meet a normal operating expense.
Acts 1993, No. 1031, § 5.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 1 - GENERAL PROVISIONS (§§ 5-1-101 — 5-5-501) › Chapter 5 - DISPOSITION OF CONTRABAND AND SEIZED PROPERTY (§§ 5-5-101 — 5-5-501) › Subchapter 3 - FORFEITURE OF PROPERTY DUE TO THEFT OF LIVESTOCK (§§ 5-5-301 — 5-5-306) › Section 5-5-306 - When more than one agency involved

(a)
If more than one (1) law enforcement agency is substantially involved in effecting a forfeiture pursuant to §
5-5-302
, the circuit court having jurisdiction over the forfeiture proceeding shall equitably distribute the property among the law enforcement agencies.
(b)
Any forfeited money or any proceeds remaining after the sale of the property shall be equitably distributed:
(1)
To the county, city, or town for deposit into the respective county, city, or town treasury and credited to the special law enforcement forfeiture fund provided in §
5-5-305
; and
(2)
In the manner as provided in §
5-5-305
.
Acts 1993, No. 1031, § 6.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 1 - GENERAL PROVISIONS (§§ 5-1-101 — 5-5-501) › Chapter 5 - DISPOSITION OF CONTRABAND AND SEIZED PROPERTY (§§ 5-5-101 — 5-5-501) › Subchapter 4 - FORFEITURE OF WEAPONS AND AMMUNITION (§§ 5-5-401 — 5-5-405) › Section 5-5-401 - Definitions

As used in this subchapter, "weapon" means any firearm, bomb, explosive, metal knuckles, sword, spear, or other device employed as an instrument of crime by subjecting another to physical harm or fear of physical harm.
Acts 1995, No. 202, § 1; 2007, No. 827, § 17.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 1 - GENERAL PROVISIONS (§§ 5-1-101 — 5-5-501) › Chapter 5 - DISPOSITION OF CONTRABAND AND SEIZED PROPERTY (§§ 5-5-101 — 5-5-501) › Subchapter 4 - FORFEITURE OF WEAPONS AND AMMUNITION (§§ 5-5-401 — 5-5-405) › Section 5-5-402 - Transfer to State Crime Laboratory

(a)
(1)
Notwithstanding any other provision of this chapter, a weapon or ammunition seized by any agency of the State of Arkansas or any local law enforcement agency in the state, and that is forfeited pursuant to law, may be transferred to the State Crime Laboratory.
(2)
However, no transfer of a weapon or ammunition shall be made pursuant to this section until there is a final determination concerning the disposition of the weapon or ammunition by the court having jurisdiction over the weapon or ammunition.
(b)
In addition to a forfeited weapon or ammunition, any other weapon or ammunition held by an agency of the state or a local law enforcement agency for which the agency has no use may be transferred to the laboratory under the procedures prescribed in this subchapter.
(c)
Nothing contained in this subchapter shall be construed to preclude a voluntary transfer to the State Crime Laboratory by an individual, entity, or agency of the United States Government.
Acts 1995, No. 202, § 1; 2007, No. 827, § 18.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 1 - GENERAL PROVISIONS (§§ 5-1-101 — 5-5-501) › Chapter 5 - DISPOSITION OF CONTRABAND AND SEIZED PROPERTY (§§ 5-5-101 — 5-5-501) › Subchapter 4 - FORFEITURE OF WEAPONS AND AMMUNITION (§§ 5-5-401 — 5-5-405) › Section 5-5-403 - Authority of State Crime Laboratory to receive

The State Crime Laboratory may:
(1)
Receive a weapon or ammunition pursuant to this subchapter; and
(2)
Use a weapon or ammunition received pursuant to this subchapter for:
(A)
Testing;
(B)
Training;
(C)
Data compilation; or
(D)
Such other appropriate purposes as are determined by the Executive Director of the State Crime Laboratory.
Acts 1995, No. 202, § 1.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 1 - GENERAL PROVISIONS (§§ 5-1-101 — 5-5-501) › Chapter 5 - DISPOSITION OF CONTRABAND AND SEIZED PROPERTY (§§ 5-5-101 — 5-5-501) › Subchapter 4 - FORFEITURE OF WEAPONS AND AMMUNITION (§§ 5-5-401 — 5-5-405) › Section 5-5-404 - Receipts

(a)
(1)
When any weapon or ammunition is transferred and delivered to the State Crime Laboratory, the laboratory shall provide a receipt to be signed by the transferor or donor and the laboratory officer or employee accepting the weapon or ammunition.
(2)
The receipt shall contain the following information:
(A)
A list of any weapon by type, make, and caliber;
(B)
The serial number of a weapon, when available;
(C)
The case number of the case in which the weapon was involved, when available; and
(D)
The type, caliber, and make of the ammunition, when available.
(b)
A copy of the receipt shall be retained by the laboratory and a copy of the receipt shall be delivered to the agency, individual, or other entity transferring or donating a weapon or ammunition.
Acts 1995, No. 202, § 1.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 1 - GENERAL PROVISIONS (§§ 5-1-101 — 5-5-501) › Chapter 5 - DISPOSITION OF CONTRABAND AND SEIZED PROPERTY (§§ 5-5-101 — 5-5-501) › Subchapter 4 - FORFEITURE OF WEAPONS AND AMMUNITION (§§ 5-5-401 — 5-5-405) › Section 5-5-405 - Destruction

When the Executive Director of the State Crime Laboratory determines that any weapon or ammunition transferred or donated pursuant to a provision of this subchapter is no longer useful to the State Crime Laboratory, the weapon, piece of weapon, or ammunition shall be destroyed.
Acts 1995, No. 202, § 1.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 2 - OFFENSES AGAINST THE PERSON (§§ 5-10-101 — 5-18-107) › Chapter 10 - HOMICIDE (§§ 5-10-101 — 5-10-210) › Section 5-10-102 - Murder in the first degree

(a)
A person commits murder in the first degree if:
(1)
Acting alone or with one (1) or more other persons:
(A)
The person commits or attempts to commit a felony; and
(B)
In the course of and in the furtherance of the felony or in immediate flight from the felony, the person or an accomplice causes the death of any person under circumstances manifesting extreme indifference to the value of human life;
(2)
With a purpose of causing the death of another person, the person causes the death of another person; or
(3)
The person knowingly causes the death of a person fourteen (14) years of age or younger at the time the murder was committed.
(b)
It is an affirmative defense to any prosecution under subdivision (a)(1) of this section for an offense in which the defendant was not the only participant that the defendant:
(1)
Did not commit the homicidal act or in any way solicit, command, induce, procure, counsel, or aid the homicidal act's commission;
(2)
Was not armed with a deadly weapon;
(3)
Reasonably believed that no other participant was armed with a deadly weapon; and
(4)
Reasonably believed that no other participant intended to engage in conduct that could result in death or serious physical injury.
(c)
(1)
Murder in the first degree is a Class Y felony.
(2)
Unless the application of §
16-93-621
results in a person's being eligible for parole or transfer to post-release supervision at an earlier date, if a person was younger than eighteen (18) years of age at the time he or she committed murder in the first degree and is sentenced to life imprisonment, the person is eligible for parole or post-release supervision after serving a minimum of twenty-five (25) years' imprisonment.
Amended by Act 2023, No. 659,§ 27, eff. 1/1/2024.
Amended by Act 2017, No. 539,§ 7, eff. 3/20/2017.
Acts 1975, No. 280, § 1502; 1981, No. 620, § 10; A.S.A. 1947, § 41-1502; Acts 1987 (1st Ex. Sess.), No. 52, § 1; 1989, No. 856, § 2; 1991, No. 683, § 2.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 2 - OFFENSES AGAINST THE PERSON (§§ 5-10-101 — 5-18-107) › Chapter 10 - HOMICIDE (§§ 5-10-101 — 5-10-210) › Section 5-10-103 - Murder in the second degree

(a)
A person commits murder in the second degree if:
(1)
The person knowingly causes the death of another person under circumstances manifesting extreme indifference to the value of human life; or
(2)
With the purpose of causing serious physical injury to another person, the person causes the death of any person.
(b)
Murder in the second degree is a Class A felony.
Acts 1975, No. 280, § 1503; A.S.A. 1947, § 41-1503; Acts 1989, No. 856, § 3; 2005, No. 1532, § 1.