Title 16, Practice, Procedure, And Courts

This subchapter shall be known and may be cited as the “Arkansas Crime Victims Reparations Act”.

It is the intent of the General Assembly to provide a method of compensating and assisting those persons within the state who are victims of criminal acts and who suffer personal injury or death. To this end, it is the further intent of the General Assembly to provide reparations…

(1) As used in this subchapter:(1) (A) “Allowable expense” means charges incurred for needed products, services, and accommodations, including, but not limited to:(i) Medical care;(ii) Rehabilitation;(iii) Rehabilitative occupational training;(iv) Crime scene cleanup; and(v) Othe…

The filing of a false claim for reparations pursuant to this subchapter shall constitute a Class D felony.

(a) (1) There is created a Crime Victims Reparations Board consisting of five (5) members appointed by the Governor with the advice and consent of the Senate to serve four-year staggered terms and until a successor is appointed and qualified.(2) At least two (2) members of the bo…

(a) (1) The Crime Victims Reparations Board shall have:(A) Power to award reparations for economic loss arising from criminally injurious conduct if satisfied by a preponderance of the evidence that the requirements for reparations have been met; and(B) Authority to award the rep…

(a) The Crime Victims Reparations Board shall prepare and transmit annually a report of its activities to the Secretary of the Department of Public Safety. (b) This report shall include the amount of reparations awarded and a statistical summary of claims and awards made and deni…

(a) Each law enforcement agency in the state shall keep application forms prepared and provided by the Crime Victims Reparations Board and make them available to any person upon request. (b) The board may contact any law enforcement agency to determine if an applicant has coopera…

(a) (1) Every party to the claim shall be afforded an opportunity to appear and be heard, to offer evidence and argument on any issues relevant to the claim, and to examine witnesses and offer evidence to reply to any matter of an evidentiary nature in the record relevant to the …

(a) Any person filing a claim under the provisions of this subchapter shall be deemed to have waived any physician-patient privilege as to communications or records relevant to an issue of the physical, mental, or emotional condition of the claimant. (b) (1) If the mental, physic…

(1) When submitted to the Crime Victims Reparations Board as part of an application, the following information shall be confidential:(1) Documents submitted by a claimant which relate to medical treatment; and(2) Law enforcement investigative reports, if confidential under any ot…

(a) Reparations shall not be awarded:(1) Unless the claim has been filed with the Crime Victims Reparations Board within five (5) years after the injury or death upon which the claim is based, except:(A) When the board finds good cause for the failure to file a timely claim; or(B…

(a) An award may be made whether or not any person is prosecuted or convicted. (b) The Crime Victims Reparations Board may suspend the proceedings pending disposition of a criminal prosecution that has been commenced or is imminent but may make a tentative award under § 16-90-716…

(a) If reparations are awarded, the state shall be subrogated to all the rights of a claimant to receive or recover from a collateral source to the extent that reparations were awarded. (b) (1) In the event the claimant recovers reparations, other than under the provisions of thi…

(a) (1) Whenever any person is convicted of a crime and an order for the payment of reparations is or has been made under this subchapter for a personal injury or death resulting from the act or omission constituting the crime for which conviction was had, the Secretary of the De…

(a) (1) Reparations payable to a victim and to all other claimants sustaining economic loss because of injury to or death of that victim may not exceed ten thousand dollars ($10,000).(2) However, for those victims whose injuries are catastrophic and result in a total and permanen…

There is created in the State Treasury a revolving fund for the Crime Victims Reparations Board to be designated the “Crime Victims Reparations Revolving Fund”. The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of all moneys received b…

(a) (1) Persons who have suffered damage to their primary residence and surrounding real property in an amount in excess of five hundred dollars ($500) as a result of a criminal act or who have had personal property stolen from their primary residence valued in excess of five hun…

(a) The Crime Victims Reparations Board shall award payment for a healthcare service under this subchapter in the same manner as the medical fee schedule established for workers' compensation claims under § 11-9-517. (b) (1) The board, a claimant, or a victim is not liable for he…

(a) Purposes of Sentencing. The primary purposes of sentencing a person convicted of a crime are:(1) To punish an offender commensurate with the nature and extent of the harm caused by the offense, taking into account factors that may diminish or increase an offender's culpabilit…

(a) There is hereby created the Arkansas Sentencing Commission, the purpose of which is to evaluate the effect of sentencing laws, policies, and practices on the criminal justice system, to make appropriate and necessary revision to the sentencing standards, and to make recommend…

(a) (1) (A) When a person charged with a felony enters a plea of guilty or nolo contendere, enters a negotiated plea, or is found guilty in a trial before the judge, or when the trial judge is authorized to fix punishment following an adjudication of guilt by a jury pursuant to §…

(a) (1) At a bench trial, a court may depart from the voluntary presumptive sentence range determined under § 16-90-803 in reliance on one (1) or more aggravating factors by providing a justification in the record of:(A) A listing of the charges and sentencing enhancements agains…