Title 16, Practice, Procedure, And Courts

(1) Any person convicted of an offense which is punishable by imprisonment in the Division of Correction who shall subsequently be convicted for another offense shall be punished as follows:(1) If the second offense is such that, upon a first conviction, the offender could be pun…

(a) When any person shall be convicted of murder, rape, carnal abuse, or kidnapping and it shall be shown that the person has been twice previously convicted of any of the above-mentioned crimes in this state or any other state, upon the third conviction the person shall be deeme…

The duly certified copy of the record of a former conviction and judgment of any court of record for imprisonment in the penitentiary against the person indicated or the certificate of the warden or other chief officer of any penitentiary of this state or any other state in the U…

(1) The following trial procedure shall be adhered to in cases involving habitual criminals:(1) The jury shall first hear all of the evidence pertaining to the current charge against the defendant and shall retire to reach its verdict as to this charge based only upon the evidenc…

The General Assembly recognizes that many innocent persons suffer injury, death, property damage, and resultant financial hardship because of crimes committed in this state and that there is a genuine need in this state to establish a method whereby the responsible offender, as f…

The provisions of this subchapter are amendatory and supplemental to Acts 1977, No. 482, as amended.

(a) The circuit judges of each judicial district may establish a restitution fund to be administered by the circuit judge, the prosecuting attorney, or probationary agency, whichever the circuit judge shall designate. (b) The circuit judges shall provide rules and regulations for…

(a) (1) Any person referred to as the defendant in this section who has been convicted of or pleaded guilty or nolo contendere to any crime who contracts to benefit economically regarding the crime shall pay to the circuit court in which the charges for the crime were filed any m…

(a) When any defendant is found guilty or pleads guilty or nolo contendere to theft or any other offense affecting property held by or belonging to the state or any political subdivision thereof, the court shall require the payment of restitution for the benefit of the state or t…

(a) When any defendant is found guilty of or pleads guilty or nolo contendere to theft or any other offense affecting property held by or belonging to the state or any political subdivision thereof, the circuit court shall order a lien upon any and all property, refunds, or any o…

(a) When any defendant is found guilty of or pleads guilty or nolo contendere to theft or any other offense affecting property held by or belonging to the State of Arkansas or any political subdivision of the state, and Arkansas Legislative Audit has incurred costs in the investi…

(a) A person convicted of any violation of the Human Trafficking Act of 2013, § 5-18-101 et seq., shall be ordered to pay mandatory restitution to the victim or other entity, as appropriate, including without limitation:(1) Costs of medical and psychological treatment, including …

Where a judgment of confinement, either in the Division of Correction or county jail, is pronounced, a certified copy of the judgment must be furnished forthwith to the county sheriff, who shall thereupon execute it, and no other warrant or authority is necessary to its execution…

(a) (1) In executing a judgment of confinement, the county sheriff shall deliver the defendant with a certified standardized copy of the sentencing order to the Division of Correction, Division of Community Correction, or to another detention facility, as indicated in the sentenc…

In conveying the defendant to the Division of Correction, the county sheriff shall have all the powers of preventing an escape, of resisting an effort to rescue the defendant, of recapturing the defendant, and of summoning persons to his or her aid that the county sheriff would h…

The county sheriff shall make a written return of the execution of the judgment of imprisonment and file the return with the clerk of the court within ten (10) days after the execution of judgment.

(a) It shall be the duty of the justice of the peace or the clerk of the court rendering a judgment or sentence of conviction in misdemeanor cases when the defendant is committed to the county jail to file a copy of the judgment or sentence in the office of the clerk of the count…

(a) The defendant shall not be held in confinement under an execution for a fine for a longer period than at the rate of one (1) day for each two dollars ($2.00) of the fine. However, the confinement shall not discharge the fine, which thereafter can only be collected by proceedi…

(1) A person committed to prison for any criminal offense who is in the custody of an officer shall not be removed from the prison or delivered to the custody of any other officer, except in the following cases:(1) By writ of habeas corpus or some other legal writ or under the gu…

(a) A certified copy of the judgment delivered to the county sheriff shall authorize and require him or her to execute a judgment for the abatement or removal of a nuisance or for anything other than the payment of money by the defendant. (b) The county sheriff shall make a retur…

(a) The clerk of the court in which is pronounced the sentence of death against any convict shall deliver a certified copy thereof to the Director of the Department of Correction as soon as may be after the sentence. (b) When a judgment of death is pronounced upon any person upon…

(a) As used in this section:(1) “Adult” means a person who is eighteen (18) years of age or older;(2) “Close relative of the victim” means any of the following persons in relation to the victim for whose death a person is sentenced to death:(A) The spouse of the victim at the tim…

(a) The Director of the Division of Correction shall certify the fact of the execution of the condemned felon to the clerk of the court by which the sentence was pronounced, who shall file the certificate with the papers of the case and enter it upon the records of the case. (b) …

Upon application of a relative of the person executed, the body after execution may be returned to his or her address and at his or her cost.

(a) (1) Should the condemned felon, while in the custody of the Director of the Division of Correction, be granted a reprieve by the Governor or obtain a writ of error from the Supreme Court or should the execution of the sentence be stayed by any competent judicial proceeding, n…

(a) Whenever a judgment of death has not been executed on the day appointed therefor by the court from any cause whatever, the Governor shall fix the day of execution by a warrant under his or her hand and seal of the state. (b) The warrant shall be obeyed by the Director of the …

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…