Arkansas Code
Title 16 - Practice, Procedure, And Courts
Subtitle 6 - Criminal Procedure Generally

§ 16-80-104. Comprehensive mental health evaluation for a minor convicted of capital murder or murder in the first degree - (a) If a comprehensive mental health evaluation is not performed...

Chapter 81 - Citation and Arrest

Subchapter 1 - General Provisions

§ 16-81-102. Persons not subject to arrest - (a) (1) The members of the Senate and House of...

§ 16-81-103. Power of judge or magistrate to summon, examine, and issue warrant for arrest - When a judge or magistrate is satisfied that a felony...

§ 16-81-104. Warrant of arrest generally - (a) (1) (A) A warrant of arrest may be issued...

§ 16-81-105. Execution of summons and service of process - Any law enforcement officer to whom any criminal summons or...

§ 16-81-106. Authority to arrest — Definition - (a) An arrest may be made by a certified law...

§ 16-81-107. Procedures of arrest - (a) An arrest is made by placing the person of...

§ 16-81-108. Arrest on certain private property permitted - State and local police are authorized to enter upon the...

§ 16-81-109. Bail - (a) (1) When any sheriff or other law enforcement officer...

§ 16-81-110. Return on the warrant - (a) (1) The sheriff or officer who has executed a...

§ 16-81-112. Escape of prisoner - (a) If the defendant escapes or is rescued after an...

§ 16-81-113. Warrantless arrest for domestic abuse — Definitions - (a) (1) (A) Except as provided in subdivision (a)(3) of...

§ 16-81-114. Warrantless arrest for gas theft - (a) Any person who pumps fuel into a vehicle or...

§ 16-81-115. Certified law enforcement officers from adjoining states - (a) A certified law enforcement officer from an adjoining state...

§ 16-81-116. Warrantless arrest for violation of interference with emergency communication in the first degree, § 5-60-124, or interference with emergency communication in the second degree, § 5-60-125 - If a law enforcement officer has probable cause to believe...

§ 16-81-117. Interpreters for deaf persons who are arrested - (a) If a person who is deaf is arrested for...

§ 16-81-118. Citation and arrest by a school resource officer — Definition - (a) As used in this section, “school resource officer” means...

Subchapter 2 - Stop and Search

§ 16-81-203. Grounds to reasonably suspect - The following are among the factors to be considered in...

Subchapter 3 - Uniform Act on Intrastate Fresh Pursuit

§ 16-81-301. Authority of law enforcement officers - Any law enforcement officer of this state in fresh pursuit...

§ 16-81-302. Disposition of prisoner - If such an arrest is made in obedience to a...

§ 16-81-303. Definition - (a) (1) The term “fresh pursuit” as used in this...

§ 16-81-304. Construction of act - Section 16-81-301 shall not make unlawful an arrest which would...

§ 16-81-305. Title - This subchapter may be cited as the “Uniform Act on...

Subchapter 4 - Uniform Act on Interstate Fresh Pursuit

§ 16-81-401. Title - This subchapter may be called the “Uniform Act on Interstate...

§ 16-81-402. Purpose - The purpose of this subchapter is to prevent criminals from...

§ 16-81-403. Definitions - As used in this subchapter the terms: (1) “Fresh pursuit”...

§ 16-81-404. Member of duly organized peace unit of other state — Authority to arrest and hold - Any member of a duly organized state, county, or municipal...

§ 16-81-405. Member of duly organized peace unit of other state — Procedures upon arrest - If an arrest is made in this state by an...

§ 16-81-406. Construction - Section 16-81-404 shall not be construed so as to make...

§ 16-81-407. Certification of subchapter - Upon the passage and approval by the Governor of this...

Chapter 82 - Search and Seizure

Subchapter 1 - General Provisions

§ 16-82-101. Testing for human immunodeficiency virus — Sexual offenses - (a) A person with acquired immunodeficiency syndrome (AIDS) or who...

§ 16-82-102. Testing for human immunodeficiency virus — Assault and battery - (a) A person with acquired immunodeficiency syndrome (AIDS), or who...

Subchapter 2 - Warrants

§ 16-82-201. Issuance of search warrants upon oral testimony - (a) General Rule. If the circumstances make it reasonable to...

Subchapter 3 - Body Cavity Searches

§ 16-82-301. Refusal and consent - No person may refuse to be subjected to a search...

§ 16-82-302. Performance by public personnel - Whenever feasible, employees of public institutions and public medical personnel...

§ 16-82-303. Immunity from civil liability - (a) Any physician or licensed nurse who, pursuant to Rule...

Chapter 84 - Bail Generally

Subchapter 1 - General Provisions

§ 16-84-101. Definitions - As used in this chapter: (1) “Admission to bail” means...

§ 16-84-102. Persons authorized to take bail - (a) The following may take bail: (1) A judge, magistrate,...

§ 16-84-103. Qualification of surety - (a) The surety shall be: (1) A professional bail bondsman...

§ 16-84-104. Additional security - There shall be no rules, regulations, or requirements enacted by...

§ 16-84-105. Responsibility of officer taking bail - (a) The officer who takes bail shall be officially responsible...

§ 16-84-106. Attorneys and officers not to be sureties - No attorney, solicitor, or counselor at law or in equity,...

§ 16-84-107. Form of bond - (a) The undertaking of the surety, other than by a...

§ 16-84-108. Bonds not void for want of form - No prosecution, appeal, nonresident, or attachment bond, nor any other...

§ 16-84-109. Irregularity of bail bond or recognizance - (a) No bail bond or recognizance shall be deemed to...

§ 16-84-110. Bail before conviction - Before conviction, the defendant may be admitted to bail for...

§ 16-84-111. Bail during trial - (a) During the trial of an indictment for a misdemeanor,...

§ 16-84-112. Entering of recognizance on court minutes - All recognizances required or authorized to be taken in any...

§ 16-84-113. Application for bail - (a) If the defendant is committed to jail and the...

§ 16-84-114. Surrender of defendant - (a) (1) At any time before the forfeiture of their...

§ 16-84-115. Deposit of money in lieu of bail - Notwithstanding any rule of criminal procedure to the contrary: (1)...

§ 16-84-116. Recommitment after bail or deposit of money - (a) The court in which a prosecution for a public...

Subchapter 2 - Forfeiture

§ 16-84-201. Action on bond in district courts - (a) (1) (A) If the defendant fails to appear for...

§ 16-84-202. Disposition of deposit - (a) Where money is deposited in lieu of bail with...

§ 16-84-203. Certain absences excused - (a) No forfeiture of any appearance or bail bond shall...

§ 16-84-207. Action on bail bond in circuit courts - (a) If a bail bond is granted by a judicial...

Chapter 85 - Pretrial Proceedings

Subchapter 1 - General Provisions

§ 16-85-101. Right to attorney, physician, and phone calls - (a) While confined and awaiting trial in any prison or...

Subchapter 3 - Information and Bill of Particulars

§ 16-85-301. Bill of particulars - (a) The bill of particulars required by law in criminal...

§ 16-85-302. Information - Whenever a defendant has been held to answer at a...

Subchapter 4 - Indictment Generally

§ 16-85-401. Definition - As used in this code, unless the context otherwise requires,...

§ 16-85-402. Finding of indictment by jurors - (a) The concurrence of twelve (12) grand jurors is required...

§ 16-85-403. Contents - (a) (1) The language of the indictment must be certain...

§ 16-85-405. Sufficiency and errors - (a) (1) The indictment is sufficient if it can be...

§ 16-85-406. Construction of words - The words used in an indictment must be construed according...

§ 16-85-407. Amendment of indictment and filing of bill of particulars - (a) The prosecuting attorney or other attorney representing the state,...

§ 16-85-408. Public inspection and disclosure - (a) When a grand jury indictment for any offense known...

§ 16-85-409. Recording - (a) It shall be the duty of the clerks of...

Subchapter 5 - Grand Jury Proceedings

§ 16-85-501. Appointment of foreman and clerk - (a) The court shall appoint one of the number of...

§ 16-85-502. Minutes - The minutes of the proceedings and evidence shall be delivered...

§ 16-85-503. Scope of inquiry - (a) The grand jury must inquire: (1) Into the case...

§ 16-85-504. Witnesses — Subpoena - (a) The clerk, on the request of the foreman of...

§ 16-85-505. Witnesses — Oath - The foreman of the grand jury shall have power to...

§ 16-85-506. Witnesses — Joint offenders - In all cases where two (2) or more persons are...

§ 16-85-507. Witnesses — Refusal to testify - When a witness, under examination, refuses to testify or to...

§ 16-85-508. Witnesses — Securing testimony of material witnesses - (a) If there is a reasonable belief that a material...

§ 16-85-509. Witnesses — Compensation - (a) It shall be the duty of the foreman of...

§ 16-85-510. Disclosure of media sources - Before any editor, reporter, or other writer for any newspaper,...

§ 16-85-511. Evidence - The grand jury is not bound to hear evidence for...

§ 16-85-512. Persons permitted to be present - No persons except the prosecuting attorney, the court reporter, and...

§ 16-85-513. Indictment - (a) The grand jury should find an indictment when all...

§ 16-85-514. Disclosure of information - (a) Every member of the grand jury must keep secret...

§ 16-85-515. Advice of court or prosecuting attorney - The grand jury may, at all reasonable times, ask the...

§ 16-85-516. Indictment of grand juror - Any grand juror may be indicted by the grand jury...

§ 16-85-517. Special grand jury - (a) At any time a grand jury is not in...

§ 16-85-518. Experts — Expenses - Grand juries may employ experts and other professionals to assist...

Subchapter 6 - Process on Indictment

§ 16-85-601. Definition - As used in this code, unless the context otherwise requires,...

§ 16-85-602. Order of court upon indictment - Upon an indictment's being found, if the defendant is not...

§ 16-85-603. Arrest — Issuance - (a) The process of arrest shall be issued by the...

§ 16-85-606. Issuance of bench warrant discretionary - (a) The court may, at its discretion, order a bench...

Subchapter 7 - Arraignment and Pleading Generally

§ 16-85-701. Definition - As used in this code, unless the context otherwise requires,...

§ 16-85-702. Arraignment for felonies and misdemeanors — Exception - The arraignment shall only be made in indictments for felonies...

§ 16-85-706. Motion to set aside indictment - (a) The motion to set aside the indictment can only...

§ 16-85-709. Pleas generally - There are but three (3) kinds of pleas to an...

§ 16-85-713. Leave of court to enter nolle prosequi - No prosecuting attorney shall enter a nolle prosequi on any...

§ 16-85-714. No contact orders — Definitions - (a) As used in this section: (1) “Court” means a...

Chapter 86 - Insanity Defense

§ 16-86-101. Plea of insanity not to prevent timely trial - Nothing in this chapter shall be construed to prevent a...

§ 16-86-102. Examination and observation generally - (a) (1) Whenever a prosecution for any crime has been...

§ 16-86-103. Examination and observation - (a) If the court orders the defendant to undergo examination...

§ 16-86-104. Admission to State Hospital — Report - (a) If the Director of the Division of Aging, Adult,...

§ 16-86-105. Examination and observation — Costs - (a) (1) The cost of examination other than by examiners...

§ 16-86-106. Testimony of mental health examiners - (a) (1) (A) When a defendant has been examined, the...

§ 16-86-107. Request for examination upon defense of insanity for felony charge - (a) (1) Whenever a defendant has been held for trial...

§ 16-86-108. Plea of insanity when period before trial short or insanity alleged after charge - (a) Whenever a defendant shall be held for trial in...

§ 16-86-110. Insufficient time to submit report to court - When proper and timely request is made to the court...

§ 16-86-111. Allegation of insanity of convicted defendant - (a) The procedure provided in this chapter shall also be...

§ 16-86-112. Escape of committed person - (a) A person committed to the state hospital in compliance...

§ 16-86-113. Authority of court in vacation - The circuit judges in vacation may make any order pertaining...

Chapter 87 - Public Defenders

Subchapter 1 - General Provisions

§ 16-87-101. Title - This chapter may be cited as the “Public Defender Act”.

Subchapter 2 - Arkansas Public Defender Commission

§ 16-87-201. Definitions - For the purpose of this subchapter: (1) “Commission” means the...

§ 16-87-202. Arkansas Public Defender Commission — Fund created - (a) There is hereby created the Arkansas Public Defender Commission....

§ 16-87-203. Powers and duties - (a) The Arkansas Public Defender Commission shall have the following...

§ 16-87-204. Executive director - (a) (1) The commission shall appoint an executive director who...

§ 16-87-205. Capital, Conflicts, and Appellate Office - (a) There is hereby created the Capital, Conflicts, and Appellate...

§ 16-87-211. Compensation - (a) On an interim basis in complex cases or at...

§ 16-87-212. Court fees and expenses - (a) (1) The Arkansas Public Defender Commission is authorized to...

§ 16-87-213. Certificate of indigency - (a) (1) (A) Any person charged with an offense punishable...

§ 16-87-214. Prohibited conduct - (a) A trial public defender or a deputy trial public...

§ 16-87-215. Trial Public Defender Office - There is hereby created the Trial Public Defender Office within...

§ 16-87-216. Juvenile Ombudsman Division — Definitions - (a) For purposes of this section, the following definitions shall...

§ 16-87-217. Recovery of fees owed - (a) (1) The State of Arkansas and the county may...

§ 16-87-218. Schedule of costs for legal services — Definitions - (a) As used in this section: (1) “Early disposition” means...

Subchapter 3 - Funding

§ 16-87-301. Transition to state funding - (a) It is the intent of the General Assembly in...

§ 16-87-302. Funding of public defenders - (a) The Arkansas Public Defender Commission shall be responsible for...

§ 16-87-303. Selection and qualifications of public defenders - (a) Each person selected as a public defender shall be:...

§ 16-87-304. Distribution and placement of public defender positions - (a) There shall be created within the Arkansas Public Defender...

§ 16-87-305. Salaries of public defenders - (a) The entry level salaries of public defenders and public...

§ 16-87-306. Duties - The public defender in each judicial district shall have the...

§ 16-87-307. Conflicts of interest - (a) If a court determines that a conflict of interest...

Chapter 88 - Jurisdiction And Venue

Subchapter 1 - General Provisions

§ 16-88-101. Jurisdiction of courts for certain offenses generally - (a) The jurisdiction of the various courts of this state...

§ 16-88-102. Restraint of inferior courts - The circuit court of any county or the judge thereof,...

§ 16-88-104. Presumption of jurisdiction - It shall be presumed upon trial that the offense charged...

§ 16-88-105. Territorial jurisdiction of certain courts generally - (a) The jurisdiction of the Senate and Supreme Court embraces...

§ 16-88-106. Mississippi River — Jurisdictional boundaries - (a) The criminal jurisdiction of the State of Arkansas is...

§ 16-88-107. Francis River — Jurisdictional boundaries - (a) The criminal jurisdiction of the State of Arkansas is...

§ 16-88-108. Jurisdiction of counties — Offenses generally - (a) When any offense may be committed on the boundary...

§ 16-88-109. Jurisdiction of counties — Importing property into state - (a) Where the offense consists of importing any property into...

§ 16-88-110. Jurisdiction of counties — Kidnapping - (a) Where the offense consists of kidnapping, seizing, or confining...

§ 16-88-111. Jurisdiction of counties — Offense committed on boat or vessel - When any offense may have been committed within this state...

§ 16-88-112. Jurisdiction of counties — Mortal wound - If any wound or mortal injury is inflicted on any...

§ 16-88-113. Jurisdiction of counties — Stolen property - (a) When any person is liable to be prosecuted as...

§ 16-88-114. Jurisdiction of counties — Accessories to felonies - (a) An indictment against any accessory to any felony may...

§ 16-88-115. Katie's Law - (a) This section shall be known and may be cited...

§ 16-88-116. Traffic citations issued within a town or city with a district court — Placement on docket - All traffic citations issued within the boundaries of a town...

Subchapter 2 - Change of Venue

§ 16-88-201. Removal for prejudice - Any criminal cause pending in any circuit court may be...

§ 16-88-202. Removal as to several defendants - When there are several defendants in any indictment or criminal...

§ 16-88-203. One change of venue - Only one (1) change of venue shall be granted in...

§ 16-88-204. Application and issuance for order of removal - (a) (1) The application of the defendant for an order...

§ 16-88-205. Recognizance required for certain defendants - (a) When the order is made, the defendant, if not...

§ 16-88-206. Order to remove the bodies of certain defendants - (a) If the defendant is in actual custody, the court...

§ 16-88-207. Second removal of same cause prohibited - In no case shall a second removal of the same...

§ 16-88-208. Notice of order of removal - (a) When the order of removal is made in term...

§ 16-88-209. Transcript of records and proceedings - (a) Whenever any order shall be made for the removal...

§ 16-88-210. Attendance of defendant and witnesses required - The defendant and all witnesses, and others who shall have...

§ 16-88-211. Entitlement to forfeiture of bail - When any person shall be indicted in any county in...

§ 16-88-212. Costs and expenses of removal - The costs and expenses necessarily incurred in the removal of...

§ 16-88-213. Liability of initial county for costs of trial - (a) Whenever a change of venue is taken in any...

§ 16-88-214. Failure of clerk to perform duty - If any clerk of the circuit court shall neglect or...

Chapter 89 - Trial and Verdict

§ 16-89-101. Trial times and postponements - (a) (1) When any circuit court is duly convened for...

§ 16-89-102. Severance - (a) When two (2) or more defendants are jointly indicted...

§ 16-89-103. Presence of defendant - (a) (1) If the indictment is for a felony, the...

§ 16-89-106. Defendant on bail for felony indictment - During the trial of an indictment for felony, when the...

§ 16-89-107. Trial of issues of law or fact - (a) (1) Issues of law shall be tried by the...

§ 16-89-108. Waivers of trial by jury and death penalty - (a) In all criminal cases, except where a sentence of...

§ 16-89-109. Oath of jury members - When a jury of twelve (12) qualified jurors shall have...

§ 16-89-110. Opening statements - (a) The prosecuting attorney may then: (1) Read the indictment...

§ 16-89-111. Evidence generally - (a) The state shall first offer the evidence in support...

§ 16-89-112. Evidence — Proof of certain acts or facts - (a) In trials for treason, no evidence shall be given...

§ 16-89-113. Evidence — Acquittal upon certain insufficient evidence - (a) In all cases where, by law, two (2) witnesses,...

§ 16-89-114. Documents — Production generally - Upon motion of either party, the court by its order...

§ 16-89-115. Documents — Production where in possession of state - (a) In any criminal prosecution brought by the State of...

§ 16-89-116. Documents — Discovery and inspection - (a) Upon motion of a defendant, the court may order...

§ 16-89-117. Limitation of witness fees in misdemeanor trials - In no trial of any misdemeanor in circuit court shall...

§ 16-89-118. Conduct of jury - (a) (1) In the discretion of the court, the jurors...

§ 16-89-119. Lack of jurisdiction - (a) If, during the trial, it shall appear that the...

§ 16-89-120. Proof of higher offense - (a) If, during the trial, the court shall be of...

§ 16-89-121. Facts charged do not constitute offense - If, during the trial, the court is of the opinion...

§ 16-89-122. Dismissal of indictment - The prosecuting attorney, with the permission of the court, may...

§ 16-89-123. Order of final arguments - (a) If the case is not submitted without argument, the...

§ 16-89-124. Exceptions to decisions of the court - (a) Upon the trial of criminal or penal prosecutions, either...

§ 16-89-125. Deliberation of jury - (a) While the jury is absent, the court may adjourn...

§ 16-89-126. Verdict generally - (a) When the jury has agreed upon their verdict, they...

§ 16-89-127. Verdict — Misdemeanor included in felony - When an offense is charged in an indictment to have...

§ 16-89-128. Polling of jury members - Upon a verdict's being rendered, the jury may be polled...

§ 16-89-129. Final adjournment - A final adjournment of the court discharges a jury.

§ 16-89-130. New trial - (a) A new trial is the reexamination of an issue...

Chapter 90 - Judgment and Sentence Generally

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...

Chapter 91 - Appeal and Post-Conviction

Subchapter 1 - Appeal

§ 16-91-101. Right generally - (a) Any person convicted of a misdemeanor or a felony...

§ 16-91-102. Applicability of statutes governing civil appeals - Matters pertaining to several appeals, the docketing, designation, abbreviation, stipulation,...

§ 16-91-103. Precedence - Appeals in criminal cases shall take precedence over all other...

§ 16-91-104. Death of defendant - No appeals shall be taken after the defendant's death, and,...

§ 16-91-105. Time and method of taking appeal — Motion for new trial, etc - (a) (1) Within thirty (30) days from the date of...

§ 16-91-106. Record — Preliminary hearing - (a) Prior to the time the complete record on appeal...

§ 16-91-107. Record — Transcript — Original exhibits - (a) It shall not be necessary to file with either...

§ 16-91-108. Costs — Bond — Judgment - (a) There shall be no bond for costs as a...

§ 16-91-110. Bail bond - (a) The bail bond provided for in this section shall...

§ 16-91-111. Appeal after confinement - (a) If a judgment of confinement in the Division of...

§ 16-91-112. Appeal by state - (a) Where an appeal on behalf of the state is...

§ 16-91-113. Matters to be considered — Preserving error — Action to be taken - (a) The Supreme Court need only review those matters briefed...

§ 16-91-114. Acquittal as bar to prosecution - A judgment in favor of the defendant which operates as...

§ 16-91-115. Affirmance of death sentence - When a judgment of death has been affirmed and the...

§ 16-91-116. Proceedings on reversal and new trial - (a) Upon a mandate of reversal ordering a new trial...

§ 16-91-117. Supreme Court's decisions binding - The decisions of the Supreme Court shall be obligatory on...

Subchapter 2 - Arkansas Effective Death Penalty Act of 1997

§ 16-91-201. Access to files - (a) In the case of a defendant who has been...

§ 16-91-202. Capital cases - (a) (1) (A) (i) If a capital conviction and sentence...

§ 16-91-203. Applicability of subchapter - This subchapter applies to all persons under sentence of death,...

§ 16-91-204. Legislative intent - It is the express intent of this subchapter to comply...

§ 16-91-205. Severability - (a) If any provision of this subchapter or the application...

§ 16-91-206. Title - This subchapter is known and may be cited as the...

Chapter 92 - Costs, Fees, Fines, Etc.

§ 16-92-101. Costs and fees — Defendant's property bound from time of arrest - (a) The property, both real and personal, of any person...

§ 16-92-102. Costs and fees — Execution - (a) The clerk of the court, at the end of...

§ 16-92-103. Costs and fees — Severed defendants - Where two (2) or more defendants are joined in one...

§ 16-92-104. Costs and fees — Capital cases - The costs in all cases of conviction where the convict...

§ 16-92-105. Costs and fees — Liability of county - (a) Fees allowed in criminal cases shall be paid by...

§ 16-92-106. Costs and fees — Justices of the peace - (a) In all cases of felony where complaint shall be...

§ 16-92-109. Costs and fees — Reimbursement to counties — Definition - (a) (1) As used in this section, “costs incurred by...

§ 16-92-112. Costs and fees — Liability of state - (a) The costs in all state prosecutions for any offenses...

§ 16-92-114. Fines — Abstract - (a) At the close of the term of each circuit...

§ 16-92-117. Enhancement of the rate of collection of fine revenue — Definition - (a) As used in this section, “fine” or “fines” means...

§ 16-92-118. Fines — Collection and deposit — Definition - (a) (1) Notwithstanding § 16-13-709, the quorum court of each...

§ 16-92-119. Training regarding fines dedicated for the Safe Harbor Fund for Sexually Exploited Children - (a) The Administrative Office of the Courts shall educate judges...

Chapter 93 - Probation and Parole

Subchapter 1 - General Provisions

§ 16-93-101. Definitions - As used in this act: (1) “Case plan” means an...

§ 16-93-102. Applicability of act to certain persons - The provisions of this act are extended to any person...

§ 16-93-103. Authority of officers to make arrests and carry firearms - (a) A probation officer appointed by a circuit court or...

§ 16-93-104. Supervision fee — Direct payment by offender — Failure to pay - (a) (1) Any offender on probation, parole, or transfer under...

§ 16-93-106. Warrantless search by any law enforcement officer of probationer or parolee - (a) (1) A person who is placed on supervised probation...

§ 16-93-107. Medicaid eligibility of parolee or probationer — Definition - (a) The Division of Correction shall screen inmates nearing release...

§ 16-93-108. Mental health and substance abuse treatment - A parolee or probationer who is enrolled in a Medicaid...

§ 16-93-109. Medicaid reimbursement for essential healthcare services - Unless otherwise prohibited by law, the Department of Human Services...

§ 16-93-110. Contracting with Medicaid provider - The Department of Correction and the Department of Community Correction...

§ 16-93-111. Parole or probation prohibitions for sex offenses - A person required to register as a sex offender under...

Subchapter 2 - Parole Board

§ 16-93-201. Creation — Members — Qualifications and training — Definition - (a) (1) There is created the Parole Board, to be...

§ 16-93-202. Seal — Records and reports - (a) The Parole Board shall adopt an official seal of...

§ 16-93-203. Cooperation from prison officials - It shall be the duty of any correctional official to:...

§ 16-93-204. Executive clemency - (a) (1) (A) All applications for pardon, commutation of sentence,...

§ 16-93-205. Parole of Arkansas inmates in out-of-state prisons - (a) The Parole Board may request the appropriate board or...

§ 16-93-206. Parole revocation review — Jurisdiction - (a) The Parole Board shall serve as the revocation review...

§ 16-93-207. Applications for pardon, commutation of sentence, and remission of fines and forfeitures - (a) (1) (A) At least thirty (30) days before granting...

§ 16-93-208. Services and equipment - The Division of Correction and the Division of Community Correction...

§ 16-93-210. Monthly performance report on parole applications and outcome — Reports concerning administrative directives filed with Legislative Council - (a) (1) The Parole Board shall submit a monthly report...

§ 16-93-211. Early release to transitional housing facilities — Definition - (a) (1) As used in this section, “transitional housing” means...

§ 16-93-212. Rulemaking authority - The Parole Board may adopt rules to implement, administer, and...

§ 16-93-213. Records to be posted on a website - (a) To the extent permitted by federal law, the Parole...

Subchapter 3 - Probation and Suspended Imposition of Sentence

§ 16-93-301. Definitions - As used in this subchapter, “sealing” means the procedure and...

§ 16-93-302. Probation — First time offenders — Penalties - (a) (1) A person may not avail himself or herself...

§ 16-93-303. Probation — First time offenders — Procedure - (a) (1) (A) (i) When an accused enters a plea...

§ 16-93-304. Probation — First-time offenders — Arkansas Crime Information Center - (a) All district court judges and circuit court judges shall...

§ 16-93-305. Probation — First time offenders — Sex offender may not reside with minor victim - (a) Whenever an accused who enters a plea of guilty...

§ 16-93-306. Probation generally — Supervision - (a) (1) The Director of the Division of Community Correction...

§ 16-93-307. Probation generally — Revocation hearings - (a) (1) A defendant arrested for violation of suspension or...

§ 16-93-308. Probation generally — Revocation — Definition - (a) (1) At any time before the expiration of a...

§ 16-93-309. Probation generally — Revocation hearing — Sentence alternatives — Sanctions - (a) Following a revocation hearing held under § 16-93-307 and...

§ 16-93-310. Probation generally — Revocation — Community correction program - (a) When a person sentenced under a community correction program,...

§ 16-93-311. Probation generally — Restitution - If the court has suspended imposition of sentence or placed...

§ 16-93-312. Probation generally — Modification - (a) During a period of suspension or probation, upon the...

§ 16-93-313. Probation generally — Transfer of jurisdiction - (a) If a defendant during a period of probation goes...

§ 16-93-314. Probation generally — Discharge - (a) (1) The court may discharge the defendant from probation...

Subchapter 6 - Parole — Eligibility

§ 16-93-601. Felonies committed prior to April 1, 1977 - (a) Death Sentence. An individual under sentence of death is...

§ 16-93-602. Felonies committed between April 1, 1977, and April 1, 1983 — Purpose and construction of sections - (a) It is the purpose and intent of this section...

§ 16-93-603. Felonies committed between April 1, 1977, and April 1, 1983 — Classification of inmates - For the purposes of §§ 16-93-602 — 16-93-604, inmates are...

§ 16-93-604. Felonies committed between April 1, 1977, and April 1, 1983 — Parole eligibility - (a) A person who committed felonies prior to April 1,...

§ 16-93-606. Parole eligibility — Felonies committed on or after April 1, 1983, but before January 1, 1994 — Classification of inmates — Definition - (a) As used in this section, “felony” means a crime...

§ 16-93-607. Parole eligibility — Felonies committed on or after April 1, 1983, but before January 1, 1994 — Definition - (a) As used in this section, “felony” means a crime...

§ 16-93-608. Parole eligibility — Class C or Class D felonies committed on or after April 1, 1983, but before January 1, 1994 - A person who commits a Class C felony or Class...

§ 16-93-609. Effect of more than one conviction for certain felonies — Definition - (a) Any person who commits murder in the first degree,...

§ 16-93-610. Computation of sentence - (a) Time served is deemed to begin on the day...

§ 16-93-612. Parole eligibility — Date of offense - (a) A person's parole eligibility shall be determined by the...

§ 16-93-613. Parole eligibility — Class Y, Class A, or Class B felonies - (a) A person who commits a Class Y felony, Class...

§ 16-93-614. Parole eligibility — Offenses committed after January 1, 1994 — Definition - (a) As used in this section and §§ 16-93-615 —...

§ 16-93-615. Parole eligibility procedures — Offenses committed after January 1, 1994 - (a) (1) (A) An inmate under sentence for any felony,...

§ 16-93-616. Parole eligibility procedures — Offenses committed after January 1, 1994 — Computation of sentence - (a) (1) Time served for a sentence shall be deemed...

§ 16-93-617. Parole eligibility procedures — Offenses committed after January 1, 1994 — Revocation of transfer - (a) In the event an offender transferred under this section,...

§ 16-93-618. Parole eligibility — Certain Class Y felony offenses and certain methamphetamine offenses — Seventy-percent crimes - (a) (1) Notwithstanding any law allowing the award of meritorious...

§ 16-93-619. Rulemaking authority - The Parole Board may adopt rules to implement, administer, and...

§ 16-93-620. Parole eligibility procedures — Certain offenses committed on or after April 1, 2015 - (a) An inmate sentenced for one (1) of the following...

§ 16-93-621. Parole eligibility — A person who was a minor at the time of committing an offense that was committed before, on, or after March 20, 2017 - (a) (1) A minor who was convicted and sentenced to...

§ 16-93-622. Parole discharge for offenders who are minors — Reinstatement of rights - (a) The Parole Board may discharge a person from parole...

Subchapter 7 - Parole

§ 16-93-701. Authority to grant and parameters - (a) (1) The Parole Board may release on parole any...

§ 16-93-702. Procedures — Required recommendations - (a) Before the Parole Board shall grant any parole, the...

§ 16-93-703. Procedures — Place of hearings - (a) The Parole Board shall not schedule parole hearings at...

§ 16-93-704. Procedures — Notice to law enforcement personnel and committing court - (a) At the time that any person is paroled by...

§ 16-93-705. Revocation — Procedures and hearings generally - (a) (1) (A) (i) At any time during a parolee's...

§ 16-93-706. Revocation — Subpoena of witnesses and documents - (a) (1) The Chair of the Parole Board or his...

§ 16-93-708. Parole alternative — Home detention — Definitions - (a) As used in this section: (1) “Approved electronic monitoring...

§ 16-93-709. Sex offender may not reside with minors - (a) Whenever an inmate in a facility of the Division...

§ 16-93-710. Parole for inmates who have served their term of imprisonment in a county jail prior to being processed into the Division of Correction - (a) (1) Subject to conditions set by the Parole Board,...

§ 16-93-711. Parole alternatives — Electronic monitoring of parolees — Definition - (a) As used in this section, “approved electronic monitoring or...

§ 16-93-712. Parole supervision - (a) (1) The Parole Board shall establish written policies and...

§ 16-93-713. Rulemaking authority - The Parole Board may adopt rules to implement, administer, and...

§ 16-93-714. Denial of parole — Detriment to the community - The Parole Board may deny parole to any otherwise eligible...

§ 16-93-715. Revocation — Technical conditions violations and serious conditions violations - (a) (1) If a parolee is subject to a parole...

Subchapter 12 - Community Correction

§ 16-93-1201. Findings and determinations - (a) The State of Arkansas hereby finds that the cost...

§ 16-93-1202. Definitions - As used in this subchapter: (1) “Board” means the Board...

§ 16-93-1203. Board of Corrections — Powers and duties - The Board of Corrections shall have the following duties and...

§ 16-93-1204. Authorization - (a) The Board of Corrections shall implement a correctional plan,...

§ 16-93-1205. Operation and supervision of community correction programs - (a) The Board of Corrections shall promulgate policies and rules...

§ 16-93-1207. Order of court - (a) Upon the sentencing or placing on probation of any...

§ 16-93-1208. Post commitment transfer - (a) (1) (A) Upon commitment of an eligible offender to...

§ 16-93-1209. Liability - The Division of Correction, the Board of Corrections, the Division...

§ 16-93-1210. Sentence optional - Nothing in this subchapter shall grant any offender the right...

Subchapter 14 - Notification of Offenders' Acquired Immune Deficiency Syndrome Status

§ 16-93-1401. Definitions - As used in this subchapter: (1) “Correctional institution” means any...

§ 16-93-1402. Notice to parole or probation officer - (a) The purpose of this subchapter is to provide parole...

Subchapter 16 - Transitional Housing Facilities

§ 16-93-1601. Legislative intent - It is the intent of the General Assembly to: (1)...

§ 16-93-1602. Definitions - As used in this subchapter: (1) “Applicant” means any individual,...

§ 16-93-1603. Powers and duties of the Board of Corrections - (a) The Board of Corrections shall promulgate rules or develop...

§ 16-93-1604. Powers and duties of the Division of Community Correction - (a) The Division of Community Correction shall implement the rules...

§ 16-93-1605. License required - (a) In order to operate a transitional housing facility for...

Subchapter 17 - Swift and Certain Accountability on Probation Pilot Program

§ 16-93-1701. Establishment - The Administrative Office of the Courts shall: (1) Create the...

§ 16-93-1702. Application - (a) A county or judicial district may apply for a...

§ 16-93-1703. Grant uses — Definition - (a) A grant awarded under this subchapter shall be used...

§ 16-93-1704. Determination of probation program savings - (a) Each county or judicial district receiving a grant under...

Chapter 94 - Extradition

Subchapter 1 - General Provisions

§ 16-94-101. Expenses incurred in return of fugitives - (a) County judges may and are authorized and empowered to...

§ 16-94-102. Transfer of convicted foreign citizens or nationals under treaty - When a treaty is in effect between the United States...

§ 16-94-103. Waiver of extradition warrant - (a) (1) Any person arrested in this state charged with...

§ 16-94-104. Extradition for theft of certain property - The Governor may request the extradition of a person charged...

Subchapter 2 - Uniform Criminal Extradition Act

§ 16-94-201. Definitions - Where appearing in this subchapter, the term “Governor” includes any...

§ 16-94-202. Duty of Governor - Subject to the qualifications of this subchapter, and the provisions...

§ 16-94-203. Procedure generally - No demand for the extradition of a person charged with...

§ 16-94-204. Investigation by Attorney General - When a demand shall be made upon the Governor of...

§ 16-94-205. Warrant generally - A warrant of extradition must not be issued unless documents...

§ 16-94-206. Absence of fugitive from other state when crime committed - The Governor of this state may also surrender, on demand...

§ 16-94-207. Governor to sign warrant - If the Governor shall decide that the demand should be...

§ 16-94-208. Contents of warrant - Such warrant shall authorize the officer or other person to...

§ 16-94-209. Arresting officer - Every such officer or other person empowered to make the...

§ 16-94-210. Accused to be informed of demand — Habeas corpus - No person arrested upon such warrant shall be delivered over...

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Arkansas Code Title 16 - Practice, Procedure, And Courts Subtitle 6 - Criminal Procedure Generally

Arkansas Code
Title 16 - Practice, Procedure, And Courts
Subtitle 6 - Criminal Procedure Generally