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Subchapter 1 - General Provisions
§ 16-90-101. Arrest of judgment - (a) A motion in arrest of judgment is an application...
§ 16-90-102. Presentence officers - (a) Every judicial district shall have the authority to appoint...
§ 16-90-103. Sentences without notice void - All sentences made, rendered, or pronounced by any of the...
§ 16-90-104. Commitment of women for felony - Women who are convicted of or who plead guilty to...
§ 16-90-105. Verdict of guilty - (a) Upon the return of a verdict of guilty, if...
§ 16-90-106. Informed defendant for felony required - (a) Judgment shall not be rendered against a defendant in...
§ 16-90-107. Fixing of punishment generally - (a) When a jury finds a verdict of guilty and...
§ 16-90-108. Fixing of punishment — Misdemeanor - (a) Whenever any person shall be convicted of a misdemeanor...
§ 16-90-109. Fixing of punishment — Conviction of two or more offenses - (a) If the defendant is convicted of two (2) or...
§ 16-90-110. Fixing of punishment — Judgment of death - Where judgment of death is pronounced, the day of the...
§ 16-90-111. Correction or reduction of sentence - (a) Any circuit court, upon receipt of petition by the...
§ 16-90-112. Fixing of punishment — Removal from certain offices — Exclusion of suffrage - (a) Where judges of the probate division of circuit court,...
§ 16-90-113. Fixing of punishment — Judgment for costs - (a) In judgments against the defendant, a judgment for costs...
§ 16-90-114. Postponement of sentence - (a) In any case where the pronouncement of final judgment...
§ 16-90-115. Suspension of sentence - (a) All courts of record, district courts, and city courts...
§ 16-90-116. Taking of bond or note for misdemeanor fine and costs - (a) Whenever any person is convicted of a misdemeanor by...
§ 16-90-117. Security to keep the peace or be of good behavior - (a) The court before which any person may be convicted...
§ 16-90-118. Duty of court to report to Division of Correction - (a) Whenever any person is sentenced to the Division of...
§ 16-90-119. Confiscation of deadly weapons - (a) When any person is convicted of any homicide, burglary,...
§ 16-90-120. Felony with firearm - (a) Any person convicted of any offense that is classified...
§ 16-90-121. Second or subsequent felony with firearm - Any person who is found guilty of or pleads guilty...
§ 16-90-122. Post-conviction release of nonviolent offenders - (a) Except as provided in subsection (b) of this section,...
Subchapter 2 - Multiple Convictions
§ 16-90-201. Punishment for second or subsequent convictions generally - Any person convicted of an offense which is punishable by...
§ 16-90-202. Punishment for third conviction for certain offenses - (a) When any person shall be convicted of murder, rape,...
§ 16-90-204. Evidence of former conviction - The duly certified copy of the record of a former...
§ 16-90-205. Trial procedure for habitual criminals - The following trial procedure shall be adhered to in cases...
Subchapter 3 - Restitution to Victims
§ 16-90-301. Legislative determination - The General Assembly recognizes that many innocent persons suffer injury,...
§ 16-90-302. Subchapter amendatory and supplemental - The provisions of this subchapter are amendatory and supplemental to...
§ 16-90-307. Restitution fund - (a) The circuit judges of each judicial district may establish...
§ 16-90-308. Proceeds from sale of rights arising from criminal act - (a) (1) Any person referred to as the defendant in...
§ 16-90-309. Restitution for theft of public property - (a) When any defendant is found guilty or pleads guilty...
§ 16-90-310. Theft of public property — Lien on defendant's property - (a) When any defendant is found guilty of or pleads...
§ 16-90-311. Restitution for audit investigation costs - (a) When any defendant is found guilty of or pleads...
Subchapter 4 - Execution of Sentence — Confinement
§ 16-90-401. Delivery of copy of judgment to county sheriff - Where a judgment of confinement, either in the Division of...
§ 16-90-402. Delivery of defendant and copy of judgment to proper officials - (a) (1) In executing a judgment of confinement, the county...
§ 16-90-403. Power of county sheriff to prevent escape, etc - In conveying the defendant to the Division of Correction, the...
§ 16-90-404. Written return of county sheriff - The county sheriff shall make a written return of the...
§ 16-90-405. Filing of judgment with clerk - (a) It shall be the duty of the justice of...
§ 16-90-407. Confinement in default of payment of fine - (a) The defendant shall not be held in confinement under...
§ 16-90-408. Grounds for removal of person in confinement - A person committed to prison for any criminal offense who...
§ 16-90-409. Judgment — Abatement of nuisance, etc - (a) A certified copy of the judgment delivered to the...
Subchapter 5 - Execution of Sentence — Death Penalty
§ 16-90-501. Delivery of copy of judgment and convict to Department of Correction - (a) The clerk of the court in which is pronounced...
§ 16-90-502. Conduct of execution — Definitions - (a) As used in this section: (1) “Adult” means a...
§ 16-90-503. Certification of execution - (a) The Director of the Division of Correction shall certify...
§ 16-90-505. Return of body - Upon application of a relative of the person executed, the...
§ 16-90-506. Reprieve, new trial, etc - (a) (1) Should the condemned felon, while in the custody...
§ 16-90-507. Failure to execute on appointed day - (a) Whenever a judgment of death has not been executed...
Subchapter 7 - Arkansas Crime Victims Reparations Act
§ 16-90-701. Title - This subchapter shall be known and may be cited as...
§ 16-90-702. Legislative intent - It is the intent of the General Assembly to provide...
§ 16-90-703. Definitions - As used in this subchapter: (1) (A) “Allowable expense” means...
§ 16-90-704. Penalty - The filing of a false claim for reparations pursuant to...
§ 16-90-705. Crime Victims Reparations Board - (a) (1) There is created a Crime Victims Reparations Board...
§ 16-90-706. Powers of board — Logistical support - (a) (1) The Crime Victims Reparations Board shall have: (A)...
§ 16-90-707. Annual report by board - (a) The Crime Victims Reparations Board shall prepare and transmit...
§ 16-90-708. Application forms — Cooperation by applicant - (a) Each law enforcement agency in the state shall keep...
§ 16-90-709. Proceedings and record — Settlement of claims - (a) (1) Every party to the claim shall be afforded...
§ 16-90-710. Waiver of physician-patient privilege — Examinations and reports - (a) Any person filing a claim under the provisions of...
§ 16-90-711. Confidential information - When submitted to the Crime Victims Reparations Board as part...
§ 16-90-712. Conditions for reparations — Changes in awards - (a) Reparations shall not be awarded: (1) Unless the claim...
§ 16-90-713. Awards apart from prosecution - (a) An award may be made whether or not any...
§ 16-90-714. Subrogation of state to claimant's rights - (a) If reparations are awarded, the state shall be subrogated...
§ 16-90-715. Action by state against convicted person for recovery of reparations - (a) (1) Whenever any person is convicted of a crime...
§ 16-90-716. Limitation on reparations — Manner of payment - (a) (1) Reparations payable to a victim and to all...
§ 16-90-717. Crime Victims Reparations Revolving Fund - There is created in the State Treasury a revolving fund...
§ 16-90-719. Property damage — Reparations — Intent - (a) (1) Persons who have suffered damage to their primary...
§ 16-90-720. Payment for heathcare service — Schedule established — Third-party vendor authorized - (a) The Crime Victims Reparations Board shall award payment for...
Subchapter 8 - Sentencing Guidelines
§ 16-90-801. Statement of sentencing policy - (a) Purposes of Sentencing. The primary purposes of sentencing a...
§ 16-90-802. The Arkansas Sentencing Commission - (a) There is hereby created the Arkansas Sentencing Commission, the...
§ 16-90-803. Voluntary presumptive standards - (a) (1) (A) When a person charged with a felony...
§ 16-90-804. Departures from the voluntary presumptive sentence range - (a) (1) At a bench trial, a court may depart...
Subchapter 10 - Local Crime Stoppers Programs
§ 16-90-1001. Definitions - As used in this subchapter: (1) “Board” means the Crime...
§ 16-90-1002. Duties - (a) The Crime Victims Reparations Board shall: (1) Advise and...
§ 16-90-1003. Certification of local programs - (a) (1) The Crime Victims Reparations Board shall, at the...
§ 16-90-1004. Confidentiality of board records - The Crime Victims Reparations Board records relating to reports of...
§ 16-90-1005. Privileged information - (a) Evidence of a communication between a person submitting a...
§ 16-90-1006. Misuse of information - (a) A person who is a member or employee of...
§ 16-90-1007. Repayment of rewards - (a) After a defendant has been convicted of a felony...
§ 16-90-1008. Payments from probationers - (a) A court may not order a probationer to make...
Subchapter 11 - Rights of Victims of Crime
§ 16-90-1101. Definitions - As used in this subchapter: (1) “Crime” means an act...
§ 16-90-1102. Compliance with subchapter - Failure to comply with this subchapter does not create a...
§ 16-90-1103. Presence at court proceedings - (a) The victim or a representative of the victim may...
§ 16-90-1104. Nondisclosure of information about victim - (a) A court may not compel a victim or a...
§ 16-90-1105. Limitations on employer - An employer may not discharge or discipline a victim or...
§ 16-90-1106. Prompt return of property - (a) Any person holding property of a victim shall take...
§ 16-90-1107. Information from law enforcement agencies - (a) (1) After initial contact between a victim or a...
§ 16-90-1108. Information concerning appeal or post-conviction remedies - If the defendant appeals or pursues a post-conviction remedy, the...
§ 16-90-1109. Information concerning confinement or commitment - (a) (1) Upon request of the victim, the Division of...
§ 16-90-1110. General requirements for information - (a) (1) Unless otherwise provided by this subchapter, information required...
§ 16-90-1111. Presentence report - In preparing a presentence report, the person preparing the report...
§ 16-90-1112. Victim impact statement - (a) (1) Before imposing sentence, the court shall permit the...
§ 16-90-1113. Consideration and release of a victim impact statement during an inmate's parole determination - (a) (1) (A) Before determining whether to release the inmate...
§ 16-90-1114. Derivative rights of member of victim's family - (a) If a victim is a minor or is incapacitated,...
§ 16-90-1115. Duty to provide information or notice - None of the provisions of this subchapter or §§ 16-21-106...
Subchapter 13 - Earned Discharge and Completion of Sentence
§ 16-90-1301. Scope - This subchapter shall apply to all applicable felony sentences entered...
§ 16-90-1302. Applicable felonies - (a) The following felony offenses shall be eligible for earned...
§ 16-90-1303. Procedure - (a) If a person is incarcerated for an eligible felony,...
§ 16-90-1304. Application - (a) When a person has accumulated enough days, through a...
§ 16-90-1305. Notice and effect - (a) Notice of the discharge of the person's sentence under...
Subchapter 14 - Comprehensive Criminal Record Sealing Act of 2013
§ 16-90-1401. Title - This subchapter shall be known and may be cited as...
§ 16-90-1402. Intent - (a) The General Assembly recognizes that historically the laws of...
§ 16-90-1403. Scope - (a) This subchapter governs all proceedings involving the sealing of...
§ 16-90-1404. Definitions - As used in this subchapter: (1) “Completion of a person's...
§ 16-90-1405. Eligibility to file a uniform petition to seal a misdemeanor offense or violation - (a) A person is eligible to file a uniform petition...
§ 16-90-1406. Felony convictions eligible for sealing - (a) Unless prohibited under § 16-90-1408, a person may petition...
§ 16-90-1407. Special procedures for sealing a controlled substance possession conviction - A person may petition the court to seal a record...
§ 16-90-1408. Felony convictions ineligible for sealing - (a) A record of a conviction of any of the...
§ 16-90-1409. Sealing records of arrests - (a) A person may petition a district court or circuit...
§ 16-90-1410. Sealing records of nolle prosequi, dismissed cases, or cases when the disposition is an acquittal - (a) A person may petition to seal the records of...
§ 16-90-1411. Sealing of records for a pardoned person — Pardons for youthful felony offenders - (a) (1) The Governor shall notify the court upon issuing...
§ 16-90-1412. Sealing certain convictions for victims of human trafficking — Definition - (a) As used in this section, “victim of human trafficking”...
§ 16-90-1413. Procedure for sealing of records - (a) (1) A person who is eligible to have a...
§ 16-90-1414. Uniform petition and uniform order to seal records - (a) (1) The Arkansas Crime Information Center shall adopt and...
§ 16-90-1415. Burden of proof — Standard of review - (a) For a uniform petition filed under § 16-90-1405, unless...
§ 16-90-1416. Release of sealed records - (a) The custodian of a sealed record shall not disclose...
§ 16-90-1417. Effect of sealing - (a) (1) A person whose record has been sealed under...
§ 16-90-1418. Uniform petition and uniform order — Creation - The Arkansas Crime Information Center shall develop and draft the...
§ 16-90-1419. Filing fee - The circuit clerk or district court clerk shall not collect...