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 3 - SUSPENSION OR PROBATION (§§ 5-4-301 — 5-4-323) › Section 5-4-302 - Effect of noncode statutes

When a defendant who pleads or is found guilty of an offense defined by a statute not a part of the Arkansas Criminal Code is eligible for suspension or probation pursuant to that statute, the court may make any disposition permitted by that statute.
Acts 1975, No. 280, § 1202; A.S.A. 1947, § 41-1202.
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 3 - SUSPENSION OR PROBATION (§§ 5-4-301 — 5-4-323) › Section 5-4-304 - Confinement as condition of suspension or probation

(a)
If a court suspends the imposition of sentence on a defendant or places him or her on probation, the court may require as an additional condition of its order that the defendant serve a period of confinement in the county jail, city jail, or other authorized local detention, correctional, or rehabilitative facility at any time or consecutive or nonconsecutive intervals within the period of suspension or probation as the court shall direct.
(b)
An order that the defendant serve a period of confinement as a condition of suspension or probation is not deemed a sentence to a term of imprisonment, and a court does not need to enter a judgment of conviction before imposing a period of confinement as a condition of suspension or probation.
(c)
(1)
(A)
The period actually spent in confinement pursuant to this section in a county jail, city jail, or other authorized local detention, correctional, or rehabilitative facility shall not exceed:
(i)
One hundred twenty (120) days in the case of a felony; or
(ii)
Thirty (30) days in the case of a misdemeanor.
(B)
In the case of confinement to a facility in the Division of Community Correction, the period actually spent in confinement under this section shall not exceed three hundred sixty-five (365) days.
(2)
For purposes of this subsection, any part of a twenty-four-hour period spent in confinement constitutes a day of confinement.
Amended by Act 2019, No. 910,§ 652, eff. 7/1/2019.
Acts 1975, No. 280, § 1204; A.S.A. 1947, § 41-1204; Acts 1993, No. 532, § 6; 1993, No. 550, § 6; 1999, No. 1569, § 3; 2003, No. 1742, § 1; 2005, No. 1443, § 1; 2011, No. 570, § 8.
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 3 - SUSPENSION OR PROBATION (§§ 5-4-301 — 5-4-323) › Section 5-4-305 - Effect on appeal

(a)
If a court suspends imposition of sentence on a defendant or places him or her on probation, the fact that a judgment of conviction is not entered does not preclude:
(1)
An appeal on the basis of any error in the adjudication of guilt or any error in the entry of the order of the suspension or probation; or
(2)
The imposition of any costs authorized by law.
(b)
An appeal following a suspension or probation may be taken by filing notice of appeal in the manner prescribed by law within thirty (30) days after the docket entry of the suspension or probation.
Acts 1975, No. 280, § 1211; A.S.A. 1947, § 41-1211.
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 3 - SUSPENSION OR PROBATION (§§ 5-4-301 — 5-4-323) › Section 5-4-306 - Time period generally

If a court suspends imposition of sentence on a defendant or places him or her on probation, the period of suspension or probation shall be for a definite period of time not to exceed the maximum jail or prison sentence allowable for the offense charged.
Acts 1975, No. 280, § 1205; 1977, No. 772, § 1; A.S.A. 1947, § 41-1205; Acts 1999, No. 1569, § 4; 2011, No. 570, § 9.
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 3 - SUSPENSION OR PROBATION (§§ 5-4-301 — 5-4-323) › Section 5-4-307 - Time period - Calculation

(a)
Except as provided in subsection (c) of this section, a period of suspension or probation commences to run when the circuit court pronounces the probationer's sentence in the courtroom or upon the entry of a sentencing order, whichever occurs first.
(b)
(1)
Whether pronounced or entered at the same or a different time, multiple periods of suspension or probation run concurrently.
(2)
The period of a suspension or probation also runs concurrently with any federal or state term of imprisonment or parole to which a defendant is or becomes subject to during the period of the suspension or probation.
(c)
If a court sentences a defendant to a term of imprisonment and suspends imposition of sentence as to an additional term of imprisonment, the period of the suspension commences to run on the day the defendant is lawfully set at liberty from the imprisonment.
Amended by Act 2019, No. 248,§ 1, eff. 7/24/2019.
Acts 1975, No. 280, § 1206; A.S.A. 1947, § 41-1206.
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 3 - SUSPENSION OR PROBATION (§§ 5-4-301 — 5-4-323) › Section 5-4-313 - Placement in a drug treatment program - Drug court alternative

If a judicial district has one (1) or more of the following programs in place at the time of a defendant's sentencing for a felony, a court may sentence the defendant to:
(1)
A posttrial treatment program for drug abuse under §
16-98-201
; or
(2)
Drug court under the Arkansas Drug Court Act, §
16-98-301
et seq.
Acts 2011, No. 570, § 14.
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 3 - SUSPENSION OR PROBATION (§§ 5-4-301 — 5-4-323) › Section 5-4-320 - Certain convicted felons to observe operations of correctional facility

(a)
Any person who pleads guilty or nolo contendere or is found guilty in any circuit court of this state of a felony and whose sentence of imprisonment is placed on suspension or who is placed on probation may be ordered by the circuit court to report to an appropriate Division of Correction facility on a date certain to be scheduled by the division for the duration of that work day to observe the operation of the division's facility.
(b)
The person convicted of the felony shall bear the cost of transportation to and from the division's facility.
Amended by Act 2019, No. 910,§ 656, eff. 7/1/2019.
Acts 1985, No. 548, § 1; A.S.A. 1947, § 41-1212.
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 3 - SUSPENSION OR PROBATION (§§ 5-4-301 — 5-4-323) › Section 5-4-321 - Judgment in certain misdemeanor traffic cases - Postponement

(a)
In a misdemeanor traffic case, other than a case involving driving under the influence of alcohol or a drug, a judge may postpone a judgment for not more than one (1) year, and during the one (1) year period a defendant:
(1)
Is in a probation status, supervised or unsupervised; and
(2)
Remains in a probation status until a judgment is entered.
(b)
At the request of a defendant, parent of a minor defendant, or counsel for a defendant, judgment shall be entered as quickly as feasible and not more than ten (10) days following the request.
(c)
At the request of a defendant, parent of a minor defendant, or counsel for a defendant, probation may be continued and judgment postponed for more than one (1) year.
Acts 1985, No. 967, §§ 1, 2; A.S.A. 1947, §§ 75-1059, 75-1060; Acts 1987, No. 457, § 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 4 - DISPOSITION OF OFFENDERS (§§ 5-4-101 — 5-4-913) › Subchapter 4 - IMPRISONMENT (§§ 5-4-401 — 5-4-405) › Section 5-4-401 - Sentence

(a)
A defendant convicted of a felony shall receive a determinate sentence according to the following limitations:
(1)
For a Class Y felony, the sentence shall be not less than ten (10) years and not more than forty (40) years, or life;
(2)
For a Class A felony, the sentence shall be not less than six (6) years nor more than thirty (30) years;
(3)
For a Class B felony, the sentence shall be not less than five (5) years nor more than twenty (20) years;
(4)
For a Class C felony, the sentence shall be not less than three (3) years nor more than ten (10) years;
(5)
For a Class D felony, the sentence shall not exceed six (6) years; and
(6)
For an unclassified felony, the sentence shall be in accordance with a limitation of the statute defining the felony.
(b)
A defendant convicted of a misdemeanor may be sentenced according to the following limitations:
(1)
For a Class A misdemeanor, the sentence shall not exceed one (1) year;
(2)
For a Class B misdemeanor, the sentence shall not exceed ninety (90) days;
(3)
For a Class C misdemeanor, the sentence shall not exceed thirty (30) days; and
(4)
For an unclassified misdemeanor, the sentence shall be in accordance with a limitation of the statute defining the misdemeanor.
Acts 1975, No. 280, § 901; 1977, No. 474, § 3; 1981, No. 620, § 8; 1983, No. 409, § 2; A.S.A. 1947, § 41-901.
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 4 - IMPRISONMENT (§§ 5-4-401 — 5-4-405) › Section 5-4-402 - Place of imprisonment

(a)
Except as provided in §§
5-4-304
and
16-93-708
, a defendant convicted of a felony and sentenced to imprisonment shall be committed to the custody of the Division of Correction for the term of his or her sentence or until released in accordance with law.
(b)
Except as provided in §
16-93-708
, a defendant convicted of a misdemeanor and sentenced to imprisonment shall be committed to the county jail or other authorized institution designated by the court for the term of his or her sentence or until released in accordance with law.
(c)
Except as provided in §
5-4-304
or §
16-93-708
, a defendant convicted of a felony violation of §§
5-64-419
-
5-64-442
and sentenced to imprisonment shall be committed to the custody of the Division of Correction for the term of his or her sentence or until released in accordance with law.
(d)
(1)
(A)
A juvenile sentenced in circuit court who is less than sixteen (16) years of age when sentenced shall be committed to the custody of the Division of Youth Services until his or her sixteenth birthday, at which time he or she shall be transferred to the Division of Correction, except as provided by court order or parole decision made by the Post-Prison Transfer Board.
(B)
Any record from the Division of Youth Services shall be transferred to the Division of Correction at the time the juvenile is transferred.
(2)
A juvenile less than sixteen (16) years of age who is awaiting transfer to the Division of Correction shall be segregated from the general delinquency population housed at the Division of Youth Services.
(e)
(1)
With the consent and approval of the Division of Youth Services, the Division of Correction may transfer from the Division of Correction to the Division of Youth Services any inmate less than eighteen (18) years of age who, in the opinion of the Division of Correction and the Division of Youth Services, is more suited and adaptable by age, physical size, and temperament to a program of the Department of Human Services.
(2)
(A)
An inmate transferred to the Division of Youth Services shall be segregated from the general delinquency population housed at the Division of Youth Services.
(B)
If an inmate violates a rule of the Division of Youth Services' program or facility or is otherwise not amenable to the Division of Youth Services' rehabilitative effort, the Division of Youth Services may return the inmate to the Division of Correction.
(3)
Any inmate transferred to the Division of Youth Services under this subsection shall be returned to the Division of Correction on the inmate's eighteenth birthday.
Amended by Act 2023, No. 659,§ 13, eff. 1/1/2024.
Amended by Act 2019, No. 910,§ 657, eff. 7/1/2019.
Acts 1975, No. 280, § 902; 1985, No. 982, § 1; A.S.A. 1947, § 41-902; Acts 1999, No. 1192, § 11; 2001, No. 559, § 9; 2005, No. 680, § 2; 2011, No. 570, § 18; 2011, No. 1120, § 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 4 - DISPOSITION OF OFFENDERS (§§ 5-4-101 — 5-4-913) › Subchapter 4 - IMPRISONMENT (§§ 5-4-401 — 5-4-405) › Section 5-4-403 - Multiple sentences - Concurrent and consecutive terms

(a)
Except as provided in subsections (c) and (e) of this section, when multiple sentences of imprisonment are imposed on a defendant convicted of more than one (1) offense, including an offense for which a previous suspension or probation has been revoked, the sentences shall run concurrently unless, upon recommendation of the jury or the court's own motion, the court orders the sentences to run consecutively.
(b)
When a sentence of imprisonment is imposed on a defendant who has previously been sentenced to imprisonment, whether by a court of this state, a court of another state, or a federal court, the subsequent sentence shall run concurrently with any undischarged portion of the previous sentence unless, upon recommendation of the jury or the court's own motion, the court imposing the subsequent sentence orders it to run consecutively with the previous sentence.
(c)
The power of the court to order that sentences run consecutively is subject to the following limitations:
(1)
A sentence of imprisonment for a misdemeanor and a sentence of imprisonment for a felony shall run concurrently, and both sentences are satisfied by service of sentence for a felony; and
(2)
The aggregate of consecutive terms for misdemeanors shall not exceed one (1) year.
(d)
The court is not bound by a recommendation of the jury concerning a sentencing option under this section.
(e)
(1)
If a defendant is sentenced to an additional term of imprisonment due to a sentence enhancement and the statute governing the sentence enhancement provides that the sentence enhancement shall run consecutively, the sentence enhancement shall run consecutively to the sentence imposed for the underlying offense.
(2)
If a defendant is convicted of a felony for an offense committed while serving a term of imprisonment at a facility operated or contracted by the Division of Correction or the Division of Community Correction, the sentence for the offense committed while serving the term of imprisonment shall run consecutively to the sentence for which the defendant was serving the term of imprisonment.
(3)
If a defendant is convicted of a felony for an offense committed while on post-release supervision, the sentence for the offense committed while on post-release supervision shall run consecutively to the sentence for which the defendant was subject to post-release supervision.
Amended by Act 2023, No. 659,§ 15, eff. 1/1/2024.
Amended by Act 2023, No. 659,§ 14, eff. 1/1/2024.
Acts 1975, No. 280, § 903; A.S.A. 1947, § 41-903; Acts 2001, No. 1644, § 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 4 - DISPOSITION OF OFFENDERS (§§ 5-4-101 — 5-4-913) › Subchapter 4 - IMPRISONMENT (§§ 5-4-401 — 5-4-405) › Section 5-4-404 - Credit for time spent in custody

If a defendant is held in custody for conduct that results in a sentence to imprisonment or confinement as a condition of suspension or probation, the court, the Division of Correction, or the Division of Community Correction shall credit the time spent in custody against the sentence, including time spent in a local jail facility awaiting transfer to the Division of Correction or the Division of Community Correction.
Amended by Act 2019, No. 910,§ 658, eff. 7/1/2019.
Acts 1975, No. 280, § 904; A.S.A. 1947, § 41-904; Acts 2001, No. 1034, § 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 4 - DISPOSITION OF OFFENDERS (§§ 5-4-101 — 5-4-913) › Subchapter 5 - EXTENDED TERM OF IMPRISONMENT (§§ 5-4-501 — 5-4-505) › Section 5-4-502 - Habitual offenders - Sentencing procedure

The following procedure governs a trial at which a sentence to an extended term of imprisonment is sought pursuant to §
5-4-501
:
(1)
The jury shall first hear all evidence relevant to the felony with which the defendant is currently charged and shall retire to reach a verdict of guilt or innocence on this charge;
(2)
(A)
If the defendant is found guilty of the felony, out of the hearing of the jury the trial court shall hear evidence of the defendant's prior felony convictions or prior findings of the defendant's guilt of felonies and shall determine the number of prior felony convictions, if any.
(B)
The defendant shall have the right to hear and controvert evidence described in subdivision (2)(A) of this section and to offer evidence in his or her support;
(3)
(A)
The trial court shall then instruct the jury as to the number of prior felony convictions and the statutory sentencing range.
(B)
The jury may be advised as to the nature of a prior felony conviction and the date and place of a prior felony conviction; and
(4)
The jury shall retire again and then determine a sentence within the statutory range.
Acts 1975, No. 280, § 1005; 1977, No. 474, § 7; 1981, No. 252, § 3; A.S.A. 1947, § 41-1005.
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 5 - EXTENDED TERM OF IMPRISONMENT (§§ 5-4-501 — 5-4-505) › Section 5-4-503 - Habitual offenders - Previous conviction in another jurisdiction

For purposes of §
5-4-501
, a conviction or finding of guilt of an offense in another jurisdiction constitutes a previous conviction or finding of guilt of a felony if a sentence of death or of imprisonment for a term in excess of one (1) year was authorized under a law of the other jurisdiction.
Acts 1975, No. 280, § 1002; 1977, No. 474, § 5; A.S.A. 1947, § 41-1002.
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 5 - EXTENDED TERM OF IMPRISONMENT (§§ 5-4-501 — 5-4-505) › Section 5-4-504 - Habitual offenders - Proof of previous conviction

(a)
A previous conviction or finding of guilt of a felony may be proved by any evidence that satisfies the trial court beyond a reasonable doubt that the defendant was convicted or found guilty.
(b)
Any of the following are sufficient to support a finding of a prior conviction or finding of guilt:
(1)
A certified copy of the record of a previous conviction or finding of guilt by a court of record;
(2)
A certificate of the warden or other chief officer of a correctional institution of this state or of another jurisdiction, containing the name and fingerprints of the defendant as the name and fingerprints appear in the records of the warden's or other chief officer's office; or
(3)
A certificate of the chief custodian of the records of the United States Department of Justice, containing the name and fingerprints of the defendant as the name and fingerprints appear in the records of the chief custodian's office.
Acts 1975, No. 280, § 1003; 1977, No. 474, § 6; 1981, No. 252, § 1; A.S.A. 1947, § 41-1003.
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 6 - TRIAL AND SENTENCE - CAPITAL MURDER (§§ 5-4-601 — 5-4-618) › Section 5-4-601 - Legislative intent

(a)
In enacting this subchapter, it is the intent of the General Assembly to specify the procedures and standards pursuant to which a sentencing body shall conform in making a determination as to whether a sentence of death is to be imposed upon a conviction of capital murder.
(b)
If the provisions of this subchapter respecting sentencing procedures are held invalid with regard to the imposition of a sentence of death or a sentence of death is declared to be invalid per se, it is the intent of the General Assembly that:
(1)
Capital murder is punishable by life imprisonment without parole; and
(2)
The procedures and findings required by §§
5-4-602
-
5-4-605
,
5-4-607
, and
5-4-608
are deemed repealed and of no effect.
Acts 1975, No. 280, § 1308; A.S.A. 1947, § 41-1308.
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 6 - TRIAL AND SENTENCE - CAPITAL MURDER (§§ 5-4-601 — 5-4-618) › Section 5-4-603 - Findings required for death sentence - Harmless error review

(a)
The jury shall impose a sentence of death if the jury unanimously returns written findings that:
(1)
An aggravating circumstance exists beyond a reasonable doubt;
(2)
Aggravating circumstances outweigh beyond a reasonable doubt all mitigating circumstances found to exist; and
(3)
Aggravating circumstances justify a sentence of death beyond a reasonable doubt.
(b)
The jury shall impose a sentence of life imprisonment without parole if the jury finds that:
(1)
Aggravating circumstances do not exist beyond a reasonable doubt;
(2)
Aggravating circumstances do not outweigh beyond a reasonable doubt all mitigating circumstances found to exist; or
(3)
Aggravating circumstances do not justify a sentence of death beyond a reasonable doubt.
(c)
If the jury does not make any finding required by subsection (a) of this section, the court shall impose a sentence of life imprisonment without parole.
(d)
(1)
On an appellate review of a death sentence, the Supreme Court shall conduct a harmless error review of the defendant's death sentence if:
(A)
The Supreme Court finds that the jury erred in finding the existence of any aggravating circumstance for any reason; and
(B)
The jury found no mitigating circumstance.
(2)
The Supreme Court shall conduct a harmless error review under subdivision (d)(1) of this section by determining that a remaining aggravating circumstance:
(A)
Exists beyond a reasonable doubt; and
(B)
Justifies a sentence of death beyond a reasonable doubt.
(e)
If the Supreme Court concludes that the erroneous finding of any aggravating circumstance by the jury would not have changed the jury's decision to impose the death penalty on the defendant, then a simple majority of the court may vote to affirm the defendant's death sentence.
Acts 1975, No. 280, § 1302; 1977, No. 474, § 11; A.S.A. 1947, § 41-1302; Acts 1987, No. 412, § 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 4 - DISPOSITION OF OFFENDERS (§§ 5-4-101 — 5-4-913) › Subchapter 6 - TRIAL AND SENTENCE - CAPITAL MURDER (§§ 5-4-601 — 5-4-618) › Section 5-4-605 - Mitigating circumstances

A mitigating circumstance includes, but is not limited to, the following:
(1)
The capital murder was committed while the defendant was under extreme mental or emotional disturbance;
(2)
The capital murder was committed while the defendant was acting under an unusual pressure or influence or under the domination of another person;
(3)
The capital murder was committed while the capacity of the defendant to appreciate the wrongfulness of his or her conduct or to conform his or her conduct to the requirements of law was impaired as a result of mental disease or defect, intoxication, or drug abuse;
(4)
The youth of the defendant at the time of the commission of the capital murder;
(5)
The capital murder was committed by another person and the defendant was an accomplice and his or her participation was relatively minor; or
(6)
The defendant has no significant history of prior criminal activity.
Acts 1975, No. 280, § 1304; A.S.A. 1947, § 41-1304.
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 6 - TRIAL AND SENTENCE - CAPITAL MURDER (§§ 5-4-601 — 5-4-618) › Section 5-4-606 - Life imprisonment without parole

A person sentenced to life imprisonment without parole shall:
(1)
Be remanded to the custody of the Division of Correction for imprisonment for the remainder of his or her life; and
(2)
Not be released except pursuant to commutation, pardon, or reprieve of the Governor.
Amended by Act 2019, No. 910,§ 660, eff. 7/1/2019.
Acts 1975, No. 280, § 1305; A.S.A. 1947, § 41-1305.
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 6 - TRIAL AND SENTENCE - CAPITAL MURDER (§§ 5-4-601 — 5-4-618) › Section 5-4-607 - Application for executive clemency - Regulations

(a)
The pardon of a person convicted of capital murder, §
5-10-101
, or of a Class Y felony, Class A felony, or Class B felony, or the commutation of a sentence of a person convicted of capital murder, §
5-10-101
, or of a Class Y felony, Class A felony, or Class B felony, may be granted only in the manner provided in this section.
(b)
(1)
A copy of the application for pardon or commutation shall be filed with:
(A)
The Secretary of State;
(B)
The Attorney General;
(C)
The sheriff of the county where the offense was committed;
(D)
The prosecuting attorney of the judicial district where the applicant was found guilty and sentenced, if still in office, and, if not, the successor of that prosecuting attorney;
(E)
The circuit judge presiding over the proceedings at which the applicant was found guilty and sentenced, if still in office, and, if not, the successor of that circuit judge; and
(F)
The victim of the crime or the victim's next of kin, if he or she files a request for notice with the prosecuting attorney.
(2)
(A)
The application shall set forth a ground upon which the pardon or commutation is sought.
(B)
If the application involves a conviction for capital murder, §
5-10-101
, a notice of the application shall be published by two (2) insertions, separated by a minimum of seven (7) days, in a newspaper of general circulation in the county or counties where the offense or offenses of the applicant were committed.
(c)
On granting an application for pardon or commutation, the Governor shall:
(1)
Include in his or her written order the reason for the granting of the application; and
(2)
File with the House of Representatives and the Senate a copy of his or her written order which shall state the:
(A)
Applicant's name;
(B)
Offense of which the applicant was convicted and the sentence imposed;
(C)
Date of the judgment imposing the sentence; and
(D)
Effective date of the pardon or commutation.
(d)
A person sentenced to death or to life imprisonment without parole is not eligible for parole and shall not be paroled.
(e)
If the sentence of a person sentenced to death or life imprisonment without parole is commuted by the Governor to a term of years, the person shall not be paroled, nor shall the length of his or her incarceration be reduced in any way to less than the full term of years specified in the order of commutation or in any subsequent order of commutation.
(f)
A reprieve may be granted as presently provided by law.
Acts 1975, No. 280, § 1306; 1977, No. 474, § 13; A.S.A. 1947, § 41-1306; Acts 1991, No. 706, § 1; 1993, No. 741, § 1; 1999, No. 498, § 1; 2001, No. 201, § 1; 2003, No. 1169, § 1; 2005, No. 1975, § 1; 2005, No. 2097, § 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 4 - DISPOSITION OF OFFENDERS (§§ 5-4-101 — 5-4-913) › Subchapter 6 - TRIAL AND SENTENCE - CAPITAL MURDER (§§ 5-4-601 — 5-4-618) › Section 5-4-608 - Waiver of death penalty

(a)
If a defendant is charged with capital murder, with the permission of the court the prosecuting attorney may waive the death penalty.
(b)
In a case described in subsection (a) of this section, if the defendant pleads guilty to capital murder or is found guilty of capital murder after trial to the court or to a jury, the trial court shall sentence the defendant to life imprisonment without parole.
Acts 1975, No. 280, § 1307; 1977, No. 474, § 14; A.S.A. 1947, § 41-1307.
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 6 - TRIAL AND SENTENCE - CAPITAL MURDER (§§ 5-4-601 — 5-4-618) › Section 5-4-615 - Conviction - Punishments

A person convicted of a capital offense shall be punished by death by lethal injection or by life imprisonment without parole pursuant to this subchapter.
Acts 1973, No. 438, § 6; 1975, No. 928, § 17; A.S.A. 1947, § 41-1351.
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 6 - TRIAL AND SENTENCE - CAPITAL MURDER (§§ 5-4-601 — 5-4-618) › Section 5-4-616 - Procedures following remand or mistrial of capital case after vacation of death sentence - Retroactive application

Notwithstanding §
5-4-602(3)
that requires that the same jury sit in the sentencing phase of a capital felony trial, the following shall apply:
(1)
(A)
Upon any appeal by the defendant when the sentence is of death, if the appellate court finds prejudicial error in the sentencing proceeding only, the appellate court may set aside the sentence of death and remand the case to the trial court in the jurisdiction in which the defendant was originally sentenced.
(B)
No error in the sentencing proceeding shall result in the reversal of the conviction for a capital felony.
(C)
When a capital case is remanded after vacation of a death sentence, the prosecuting attorney may move the trial court to:
(i)
Impose a sentence of life without parole, and the trial court may impose the sentence of life without parole without a hearing; or
(ii)
Impanel a new sentencing jury;
(2)
(A)
Upon the declaration of a mistrial during the sentencing proceeding, the prosecuting attorney may move the trial court to:
(i)
Impose a sentence of life without parole, and the trial court may impose the sentence of life without parole without a hearing; or
(ii)
Impanel a new sentencing jury.
(B)
A mistrial during the sentencing proceeding shall not result in the invalidation of the finding of guilt for a capital felony;
(3)
If the prosecuting attorney elects subdivision (1)(C)(ii) or subdivision (2)(A)(ii) of this section the trial court shall impanel a new jury for the purpose of conducting a new sentencing proceeding;
(4)
A new sentencing proceeding is governed by the provisions of §
5-4-602(4) and (5)
and §§
5-4-603
-
5-4-605
;
(5)
(A)
Any exhibit and a transcript of any testimony or other evidence properly admitted in the prior trial or preceding guilt phase of the trial and sentencing is admissible in the new sentencing proceeding.
(B)
Additional relevant evidence may be admitted including testimony of a witness who testified at the previous trial or preceding guilt phase of the trial and sentencing; and
(6)
The provisions of this section:
(A)
Are procedural; and
(B)
Apply retroactively to any defendant sentenced to death after January 1, 1974.
Amended by Act 2021, No. 695,§ 2, eff. 7/28/2021.
Acts 1983, No. 546, § 1; A.S.A. 1947, § 41-1358.
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 6 - TRIAL AND SENTENCE - CAPITAL MURDER (§§ 5-4-601 — 5-4-618) › Section 5-4-618 - Defendants with intellectual disabilities

(a)
(1)
As used in this section, "intellectual disabilities" means:
(A)
Significantly below-average general intellectual functioning accompanied by a significant deficit or impairment in adaptive functioning manifest in the developmental period, but no later than eighteen (18) years of age; and
(B)
A deficit in adaptive behavior.
(2)
There is a rebuttable presumption of intellectual disabilities when a defendant has an intelligence quotient of sixty-five (65) or below.
(b)
No defendant with intellectual disabilities at the time of committing capital murder shall be sentenced to death.
(c)
The defendant has the burden of proving intellectual disabilities at the time of committing the offense by a preponderance of the evidence.
(d)
(1)
A defendant on trial for capital murder shall raise the special sentencing provision of intellectual disabilities by motion prior to trial.
(2)
(A)
Prior to trial, the court shall determine if the defendant has an intellectual disability.
(B)
(i)
If the court determines that the defendant does not have an intellectual disability, the defendant may raise the question of an intellectual disability to the jury for determination de novo during the sentencing phase of the trial.
(ii)
At the time the jury retires to decide mitigating and aggravating circumstances, the jury shall be given a special verdict form on an intellectual disability.
(iii)
If the jury unanimously determines that the defendant had an intellectual disability at the time of the commission of capital murder, then the defendant will automatically be sentenced to life imprisonment without possibility of parole.
(C)
If the court determines that the defendant has an intellectual disability, then:
(i)
The jury is not "death qualified"; and
(ii)
The jury shall sentence the defendant to life imprisonment without possibility of parole upon conviction.
(e)
However, this section is not deemed to:
(1)
Require unanimity for consideration of any mitigating circumstance; or
(2)
Supersede any suggested mitigating circumstance regarding mental defect or disease currently found in §
5-4-605
.
Amended by Act 2019, No. 1035,§ 3, eff. 7/24/2019.
Acts 1993, No. 420, § 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 4 - DISPOSITION OF OFFENDERS (§§ 5-4-101 — 5-4-913) › Subchapter 7 - ENHANCED PENALTIES FOR CERTAIN OFFENSES (§§ 5-4-701 — 5-4-707) › Section 5-4-701 - Definitions

As used in this subchapter:
(1)
"Child" means a person under eighteen (18) years of age;
(2)
"Conductor" means a conductor, switchman, brakeman, trainman, or fireman licensed and certified by the Federal Railroad Administration;
(3)
"Engineer" means an engineer licensed and certified by the Federal Railroad Administration;
(4)
"Family member of a current or former law enforcement officer or first responder" means the husband, wife, son, daughter, brother, sister, or parent of a current or former law enforcement officer or first responder;
(5)
"First responder" means a firefighter or a person employed as an emergency medical provider;
(6)
"In the presence of a child" means in the physical presence of a child or knowing or having reason to know that a child is present and may see or hear an act;
(7)
"Law enforcement officer" includes without limitation a:
(A)
Prosecuting attorney or a deputy prosecuting attorney;
(B)
Code enforcement officer; and
(C)
Corrections officer;
(8)
"Public transit employee" means a bus, rail, or trolley operator tasked with the transport of persons;
(9)
"Railroad or public transit employee" means a conductor, engineer, public transit employee, or railroad management; and
(10)
"Railroad management" means a rail employee overseeing and assisting in the operation of rail transit.
Amended by Act 2017, No. 955,§ 1, eff. 8/1/2017.
Amended by Act 2017, No. 714,§ 1, eff. 8/1/2017.
Amended by Act 2017, No. 332,§ 2, eff. 3/3/2017.
Acts 2001, No. 1707, § 1; 2005, No. 1994, § 290; 2009, No. 33, § 1; 2011, No. 1120, § 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 4 - DISPOSITION OF OFFENDERS (§§ 5-4-101 — 5-4-913) › Subchapter 7 - ENHANCED PENALTIES FOR CERTAIN OFFENSES (§§ 5-4-701 — 5-4-707) › Section 5-4-702 - Enhanced penalties for offenses committed in presence of a child

(a)
A person who commits any of the following offenses may be subject to an enhanced sentence of an additional term of imprisonment of not less than one (1) year and not greater than ten (10) years if the offense is committed in the presence of a child:
(1)
Capital murder, §
5-10-101
;
(2)
Murder in the first degree, §
5-10-102
;
(3)
Murder in the second degree, §
5-10-103
;
(4)
Aggravated robbery, §
5-12-103
;
(5)
A felony offense of assault or battery under §
5-13-201
et seq.;
(6)
Rape, §
5-14-103
;
(7)
Sexual assault in the second degree, §
5-14-125
;
(8)
A felony offense of domestic battering or assault on a family or household member under §§
5-26-303
-
5-26-309
;
(9)
Unlawful discharge of a firearm from a vehicle, §
5-74-107
; or
(10)
Terroristic act, §
5-13-310
.
(b)
Any person who commits the offense of aggravated cruelty to a dog, cat, or equine under §
5-62-104
may be subject to an enhanced sentence of an additional term of imprisonment not to exceed five (5) years if the offense is committed in the presence of a child.
(c)
(1)
To seek an enhanced penalty established in this section, a prosecuting attorney shall notify the defendant in writing that the defendant is subject to the enhanced penalty.
(2)
If the defendant is charged by information or indictment, the prosecuting attorney may include the written notice in the information or indictment.
(d)
The enhanced portion of the sentence is consecutive to any other sentence imposed.
(e)
Any person convicted under this section is not eligible for early release on parole, transfer to post-release supervision, or community correction transfer for the enhanced portion of the sentence.
Amended by Act 2023, No. 659,§ 20, eff. 1/1/2024.
Amended by Act 2023, No. 659,§ 19, eff. 1/1/2024.
Amended by Act 2019, No. 324,§ 1, eff. 7/24/2019.
Amended by Act 2017, No. 389,§ 1, eff. 8/1/2017.
Acts 2001, No. 1707, § 2; 2007, No. 1047, § 1; 2009, No. 33, § 1; 2009, No. 936, § 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 4 - DISPOSITION OF OFFENDERS (§§ 5-4-101 — 5-4-913) › Subchapter 7 - ENHANCED PENALTIES FOR CERTAIN OFFENSES (§§ 5-4-701 — 5-4-707) › Section 5-4-704 - Sentence enhancement for offense targeting current or former law enforcement officer, first responder, or family member of current or former law enforcement officer or first responder

(a)
A person is subject to an enhanced sentence under this section if the person purposely selected the victim of an offense committed by the person because the victim is:
(1)
Currently employed or was formerly employed as a law enforcement officer or first responder; or
(2)
A family member of a current or former law enforcement officer or first responder.
(b)
If a sentence enhancement is sought under this section, the information or indictment shall include:
(1)
That the sentence enhancement under this section is being sought; and
(2)
The allegations supporting the imposition of the enhanced sentence under this section.
(c)
The sentence enhancement under this section is as follows:
(1)
If the person is convicted of a Class A misdemeanor or an unclassified misdemeanor with a possible sentence greater than ninety (90) days' imprisonment, an additional period of imprisonment of not more than one (1) year;
(2)
If the person is convicted of a Class C felony, Class D felony, or an unclassified felony, an additional period of imprisonment of at least six (6) months but no more than two (2) years; and
(3)
If the person is convicted of a Class Y felony, Class A felony, or Class B felony, an additional period of imprisonment of at least two (2) years but no more than ten (10) years.
(d)
The sentence enhancement under this section is not applicable if:
(1)
The victim of the offense is a law enforcement officer or first responder; and
(2)
An element of the underlying offense is that the victim is a law enforcement officer or first responder.
Added by Act 2017, No. 332,§ 3, eff. 3/3/2017.
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 7 - ENHANCED PENALTIES FOR CERTAIN OFFENSES (§§ 5-4-701 — 5-4-707) › Section 5-4-705 - Sentence enhancement for offense targeting railroad or public transit employee

(a)
A person is subject to an enhanced sentence under this section if the person purposely selected the victim of an offense committed by the person because the victim is a railroad or public transit employee.
(b)
If a sentence enhancement is sought under this section, the information or indictment shall include:
(1)
That the sentence enhancement under this section is being sought; and
(2)
The allegations supporting the imposition of the enhanced sentence under this section.
(c)
The sentence enhancement under this section is as follows:
(1)
If the person is convicted of a Class A misdemeanor or an unclassified misdemeanor with a possible sentence greater than ninety (90) days' imprisonment, an additional period of imprisonment of not more than one (1) year;
(2)
If the person is convicted of a Class C felony, Class D felony, or an unclassified felony, an additional period of imprisonment of at least six (6) months but no more than two (2) years; and
(3)
If the person is convicted of a Class Y felony, Class A felony, or Class B felony, an additional period of imprisonment of at least two (2) years but no more than ten (10) years.
Added by Act 2017, No. 955,§ 2, eff. 8/1/2017.
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 7 - ENHANCED PENALTIES FOR CERTAIN OFFENSES (§§ 5-4-701 — 5-4-707) › Section 5-4-706 - Local cybercrime fee

(a)
As used in this section, "applicable felony" means:
(1)
A felony involving violence as defined in §
5-4-501(d)(2)
;
(2)
A felony offense for which a person is required to register as a sex offender under the Sex Offender Registration Act of 1997, §
12-12-901
et seq.; or
(3)
A felony offense under §
12-12-904
.
(b)
In addition to any other fee authorized or required by law, a circuit court shall assess an additional fee of up to five hundred dollars ($500) for each applicable felony conviction for an offense that the trier of fact finds:
(1)
Involved the use of a computer, an electronic device, or the internet; and
(2)
The investigation of which expended specialized law enforcement personnel or materials designed to investigate offenses involving a computer, an electronic device, or the internet.
(c)
(1)
(A)
A fee provided for under subsection (b) of this section and collected in a circuit court shall be remitted by the tenth day of each month to a special cybercrime fee law enforcement fund to be administered by the prosecuting attorney.
(B)
The special cybercrime fee law enforcement fund shall consist of moneys obtained under this section or as otherwise provided for by law.
(2)
Moneys in the special cybercrime fee law enforcement fund shall be expended on a periodic basis and upon a showing of necessity to local law enforcement agencies located in or in part of the judicial district for the purposes of training law enforcement personnel in the investigation of offenses involving the use of a computer, electronic device, or the internet and in procuring tools and devices that assist in the investigation of offenses involving the use of a computer, electronic device, or the internet.
(3)
Moneys in the special cybercrime fee law enforcement fund shall not be considered a source of revenue to meet a normal operating expense.
Added by Act 2017, No. 1109,§ 1, eff. 8/1/2017.
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 7 - ENHANCED PENALTIES FOR CERTAIN OFFENSES (§§ 5-4-701 — 5-4-707) › Section 5-4-707 - Additional term of imprisonment for offense constituting violence against church or other place of worship

(a)
As used in this section, "serious felony involving violence" means:
(1)
Murder in the first degree, §
5-10-102
;
(2)
Murder in the second degree, §
5-10-103
;
(3)
Battery in the first degree, §
5-13-201
;
(4)
Aggravated assault, §
5-13-204
;
(5)
Terroristic threatening, §
5-13-301
, if a felony;
(6)
Terroristic act, §
5-13-310
;
(7)
Causing a catastrophe, §
5-38-202(a)
;
(8)
Arson, §
5-38-301
;
(9)
Terrorism, §
5-54-205
;
(10)
A felony offense under §
5-54-201
;
(11)
Unlawful discharge of a firearm from a vehicle, §
5-74-107
;
(12)
Criminal use of prohibited weapons, §
5-73-104
, involving an activity making it a Class B felony; or
(13)
A felony attempt, solicitation, or conspiracy to commit an offense listed in this subsection, if the attempt, solicitation, or conspiracy itself is a felony.
(b)
A person is subject to an additional term of imprisonment under this section if the person:
(1)
Purposely selected the victim of an offense committed by the person because the victim was present on the grounds of or in a church or other place of worship at the time of the offense; and
(2)
Committed a serious felony involving violence against the victim.
(c)
If an additional term of imprisonment is sought under this section, the information or indictment shall include:
(1)
That the additional term of imprisonment under this section is being sought; and
(2)
The allegations supporting the imposition of the additional term of imprisonment under this section.
(d)
The additional term of imprisonment under this section is for a minimum of one (1) year but no more than ten (10) years in the Division of Correction.
(e)
The additional term of imprisonment under this section is consecutive to any other sentence imposed.
(f)
A person receiving an additional term of imprisonment under this section is not eligible for early release on parole, transfer to post-release supervision, or community correction transfer for the additional term of imprisonment.
Amended by Act 2023, No. 659,§ 21, eff. 1/1/2024.
Added by Act 2019, No. 1046,§ 1, eff. 7/24/2019.