Title 5, Criminal Offenses

The intent of this act is to provide the judiciary with an additional alternative to the disposition of criminal offenders that would assist the offender in atoning for his or her criminal transgression and promote the enforcement of the state's criminal statutes while easing the…

(1) As used in this subchapter, “pre-adjudication” means the period of time after:(1) The prosecuting attorney files a criminal information or an indictment is filed in circuit court;(2) The person named in the criminal information or indictment is arraigned on the charge in circ…

(a) (1) Each judicial district of this state may establish a pre-adjudication probation program under this subchapter.(2) The structure, method, and operation of the pre-adjudication probation program may differ and shall be based upon the specific needs of and resources availabl…

(a) The judicial district in which a person is charged with a felony shall have in place a pre-adjudication probation program as authorized by this subchapter before this subchapter may be utilized by the person charged with the felony, the circuit court with jurisdiction, or the…

(a) (1) A pre-adjudication probation program judge may impose sanctions on a pre-adjudication probation program participant who fails to complete certain court-ordered pre-adjudication program requirements or meet certain court-ordered pre-adjudication program goals.(2) Sanctions…

(a) The pre-adjudication probation program judge may order the offender to pay:(1) Court costs as provided in § 16-10-305;(2) Any substance abuse treatment costs;(3) Drug testing costs;(4) Costs associated with mental health treatment;(5) A pre-adjudication probation program user…

(a) (1) A pre-adjudication probation program may require a separate judicial processing system differing in practice and design from the traditional adversarial criminal prosecution and trial systems.(2) A pre-adjudication probation program team shall be designated by a circuit j…

(1) The Administrative Office of the Courts shall:(1) Serve as a coordinator between pre-adjudication probation program judges, the Division of Community Correction, and other parties;(2) Establish, manage, and maintain a uniform statewide pre-adjudication probation program infor…

(a) All court costs and pre-adjudication probation program user fees assessed by the pre-adjudication probation program judge shall be paid to the circuit court clerk for remittance to the county treasury under § 14-14-1313. (b) The county treasurer shall credit all court costs r…

(1) Each pre-adjudication probation program established under this subchapter, subject to an appropriation, funding, and position authorization, both programmatic and administrative, shall be provided with the following resources:(1) The Division of Community Correction shall pro…

(a) (1) A pre-adjudication probation program shall collect and provide data on pre-adjudication probation program applicants and all participants as required by the Administrative Office of the Courts.(2) Data collected under subdivision (a)(1) of this section shall include:(A) T…

A person eligible to enter a pre-adjudication program under this subchapter shall have his or her education level assessed by the court by completing a reading, literacy, and math assessment by the Adult Education Section.

(a) Any seized property shall be returned to the rightful owner or possessor of the seized property except contraband owned by a defendant. (b) (1) As used in this section, “contraband” means any:(A) Article possessed under a circumstance prohibited by law;(B) Weapon or other ins…

When a statute not a part of the Arkansas Criminal Code specifies a procedure for the disposition or destruction of a particular type of seized property, the seized property shall be disposed of or destroyed in accordance with that statute.

(a) Upon conviction, any conveyance, including an aircraft, motor vehicle, or vessel, is subject to forfeiture under this subchapter if it is used in the commission or attempt of:(1) A burglary;(2) A robbery;(3) A theft; or(4) An arson. (1) A burglary; (2) A robbery; (3) A theft;…

(a) A conveyance subject to forfeiture under this subchapter may be seized by any law enforcement agent upon process issued by any circuit court having jurisdiction over the conveyance upon a petition filed by the prosecuting attorney of the judicial district. (b) Seizure without…

(a) When a conveyance is seized under this subchapter, the conveyance shall remain in the custody of the seizing law enforcement agency. (b) (1) The conveyance is not subject to replevin.(2) However, the conveyance is subject only to an order or decree of the circuit court having…

(a) (1) (A) Upon conviction and a hearing, when the circuit court having jurisdiction over the conveyance seized finds by a preponderance of the evidence that a ground for a forfeiture exists under this subchapter, the circuit court may enter an order to sell the conveyance.(B) A…

(1) As used in this subchapter:(1) (A) “Contraband property” means property of any nature, including personal property, tangible property, or intangible property.(B) “Contraband property” does not include real property;(2) “Livestock” means:(A) Cattle or swine or a sheep, goat, h…

(a) The following property is subject to forfeiture pursuant to this subchapter:(1) Contraband property used or intended to be used in the commission of theft of livestock;(2) The proceeds gained from the commission of theft of livestock;(3) Personal property acquired with procee…

(a) (1) The prosecuting attorney of the judicial district within whose jurisdiction there is property that is sought to be forfeited pursuant to § 5-5-302 shall promptly proceed against the property by filing in the circuit court having jurisdiction of the property a petition for…

(a) Subject to the provisions of subsection (c) of this section, if property forfeited pursuant to § 5-5-302 is harmful to the public health or is required by law to be destroyed, the law enforcement agency to which the property is forfeited shall:(1) Require the sheriff of the c…

(a) The proceeds of any sale pursuant to § 5-5-304 and any moneys forfeited pursuant to § 5-5-302 shall be applied to payment of the:(1) Balance due on any lien preserved by the circuit court in the forfeiture proceeding;(2) Cost incurred by the seizing law enforcement agency in …

(a) If more than one (1) law enforcement agency is substantially involved in effecting a forfeiture pursuant to § 5-5-302, the circuit court having jurisdiction over the forfeiture proceeding shall equitably distribute the property among the law enforcement agencies. (b) Any forf…

As used in this subchapter, “weapon” means any firearm, bomb, explosive, metal knuckles, sword, spear, or other device employed as an instrument of crime by subjecting another to physical harm or fear of physical harm. As used in this subchapter, “weapon” means any firearm, bomb,…

(a) (1) Notwithstanding any other provision of this chapter, a weapon or ammunition seized by any agency of the State of Arkansas or any local law enforcement agency in the state, and that is forfeited pursuant to law, may be transferred to the State Crime Laboratory.(2) However,…

(1) The State Crime Laboratory may:(1) Receive a weapon or ammunition pursuant to this subchapter; and(2) Use a weapon or ammunition received pursuant to this subchapter for:(A) Testing;(B) Training;(C) Data compilation; or(D) Such other appropriate purposes as are determined by …

(a) (1) When any weapon or ammunition is transferred and delivered to the State Crime Laboratory, the laboratory shall provide a receipt to be signed by the transferor or donor and the laboratory officer or employee accepting the weapon or ammunition.(2) The receipt shall contain…

When the Director of the State Crime Laboratory determines that any weapon or ammunition transferred or donated pursuant to a provision of this subchapter is no longer useful to the State Crime Laboratory, the weapon, piece of weapon, or ammunition shall be destroyed.

(a) An arresting law enforcement officer may impound the motor vehicle of a person arrested if:(1) The motor vehicle was used in the commission of an offense under § 5-70-101 et seq. by the person arrested;(2) The person arrested is the owner of the motor vehicle or the motor veh…

(a) In addition to any other civil or criminal penalties provided by law, real or personal property used in the commission of a violation of the Human Trafficking Act of 2013, § 5-18-101 et seq., shall be forfeited as provided in this subchapter. (b) Upon conviction for a violati…

(a) (1) Real or personal property used in furtherance of a violation of the Human Trafficking Act of 2013, § 5-18-101 et seq., shall not be forfeited under this section unless the real or personal property was used with the owner's knowledge.(2) If the confiscating authority has …

(a) Real or personal property subject to forfeiture under this subchapter may be seized by any law enforcement agent upon process issued by any circuit court having jurisdiction over the real or personal property on petition filed by the prosecuting attorney of the judicial circu…

(a) A state or local law enforcement agency shall not transfer real or personal property seized by the state or local law enforcement agency to any federal entity for forfeiture under federal law unless the circuit court having jurisdiction over the property enters an order, upon…

(a) Real or personal property seized for forfeiture under this subchapter is not subject to replevin, but is deemed to be in the custody of the seizing law enforcement agency subject only to an order or decree of the circuit court having jurisdiction over the property seized. (b)…

(a) Real or personal property seized by a state or local law enforcement officer who is attached to, deputized or commissioned by, or working in conjunction with a federal agency remains subject to the provisions of this section. (b) (1) When real or personal property is seized f…

(a) (1) A prosecuting attorney shall initiate a forfeiture proceeding under this subchapter by filing a complaint with the circuit clerk of the county where the real or personal property was seized and by serving the complaint on all known owners and interest holders of the seize…

(a) When a circuit court having jurisdiction over real or personal property seized under this subchapter finds that grounds for a forfeiture exist and the burden of proof has been met under § 5-5-607, the circuit court shall enter an order:(1) Permitting the law enforcement agenc…

(a) (1) Subject to the provisions of § 5-5-606, the proceeds of sales conducted pursuant to § 5-5-608 and any moneys forfeited or obtained by judgment or settlement under this subchapter shall be deposited and distributed in the manner set forth in this section.(2) Moneys receive…

(a) In personam jurisdiction may be based on a defendant's presence in the state, or on his or her conduct in the state, as set out in § 16-4-101(B), and is subject to the provisions of subsection (b) of this section. (b) (1) A temporary restraining order under this section may b…

(1) The circuit court shall order the forfeiture of any other real or personal property of an owner or defendant up to the value of the owner's or defendant's real or personal property found by the circuit court to be subject to forfeiture under this subchapter if any of the forf…

(a) There shall be no civil judgment under this subchapter and no property shall be forfeited unless the person from whom the property is seized is convicted of a felony offense under the Human Trafficking Act of 2013, § 5-18-101 et seq., that related to the property being seized…

(a) A person commits capital murder if:(1) Acting alone or with one (1) or more other persons:(A) The person commits or attempts to commit:(i) Terrorism, as defined in § 5-54-205;(ii) Rape, § 5-14-103;(iii) Capital rape, § 5-14-114;(iv) Kidnapping, § 5-11-102;(v) Vehicular piracy…

(a) A person commits murder in the first degree if:(1) Acting alone or with one (1) or more other persons:(A) The person commits or attempts to commit a felony or a violation of the Uniform Controlled Substances Act, §§ 5-64-101 — 5-64-508, involving an actual delivery of a contr…

(a) A person commits murder in the second degree if:(1) The person knowingly causes the death of another person under circumstances manifesting extreme indifference to the value of human life; or(2) With the purpose of causing serious physical injury to another person, the person…

(a) A person commits manslaughter if:(1) (A) The person causes the death of another person under circumstances that would be murder, except that he or she causes the death under the influence of extreme emotional disturbance for which there is reasonable excuse.(B) The reasonable…