Title 16 — Practice, Procedure, And Courts

(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.C.A. § 16-90-718Current through all legislation of the 2025 Regular Session.Arkansas Code of 1987 Annotated Official EditionCopyright © 2026 by the State of Arkansas All rights reserved

(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…

A.C.A. § 16-90-907Current through all legislation of the 2025 Regular Session.Arkansas Code of 1987 Annotated Official EditionCopyright © 2026 by the State of Arkansas All rights reserved

(a) Any person convicted of a misdemeanor or a felony by virtue of a trial in any circuit court of this state has the right of appeal to the Supreme Court. (b) An appeal may be taken jointly by codefendants or by just one (1) defendant although he or she may have been jointly cha…

Matters pertaining to several appeals, the docketing, designation, abbreviation, stipulation, preparation, and correction or modification of the record on appeal, as well as appeals where no stenographic record was made, shall be governed by those statutes which apply to civil ca…

Appeals in criminal cases shall take precedence over all other business of the Supreme Court and shall be placed first upon the docket for trial.

No appeals shall be taken after the defendant's death, and, upon his or her death, an appeal taken during his or her life shall abate and shall not be revived.

(a) (1) Within thirty (30) days from the date of the sentence and entry of judgment by the trial judge, the person desiring to appeal the judgment shall file with the trial court a notice of appeal identifying the parties taking the appeal and the judgment appealed.(2) The notice…

(a) Prior to the time the complete record on appeal is settled and certified as provided by law, any appealing party may docket the appeal in order to make in the Supreme Court a motion for dismissal, a stay pending appeal, an application for or reduction of bail bond, an order t…

(a) It shall not be necessary to file with either the notice of appeal or the designation of contents of record any portion of the reporter's transcript of the evidence of proceedings. (b) All exhibits in the trial of any criminal case shall be a part of the record on appeal unle…

(a) There shall be no bond for costs as a requisite for the appeal of either a felony or misdemeanor conviction. (b) On the affirmance of a judgment, where the appeal is taken by the defendant, and on the reversal of a judgment, where the appeal is taken by the state, a judgment …

A.C.A. § 16-91-109Current through all legislation of the 2025 Regular Session.Arkansas Code of 1987 Annotated Official EditionCopyright © 2026 by the State of Arkansas All rights reserved

(a) The bail bond provided for in this section shall be filed in the office of the clerk of the court in which the conviction is had, and a copy thereof shall be attached to the bill of exceptions and shall be made a part of the transcript to be filed in the Supreme Court. (b) (1…

(a) If a judgment of confinement in the Division of Correction has been executed before the certificate of appeal was delivered to the county sheriff whose duty it was to execute the judgment, the defendant shall remain in the division during the pendency of the appeal unless dis…

(a) Where an appeal on behalf of the state is desired, the prosecuting attorney shall pray the appeal during the term at which the decision is rendered, whereupon the clerk shall immediately make a transcript of the record and transmit it to the Attorney General or deliver the tr…

(a) The Supreme Court need only review those matters briefed and argued by the appellant, except that where either a sentence for life imprisonment or death has been imposed the Supreme Court shall review all errors prejudicial to the rights of the appellant. (b) (1) It shall not…

A judgment in favor of the defendant which operates as a bar to a future prosecution of the offense shall not be reversed by the Supreme Court.

When a judgment of death has been affirmed and the day of execution has passed, the Clerk of the Supreme Court shall transmit to the Governor a certificate of the affirmance and of the judgment, to the end that a warrant for the execution of the judgment may be issued by the Gove…

(a) Upon a mandate of reversal ordering a new trial being filed in the clerk's office of the circuit court in which the judgment of confinement in the Department of Correction was rendered and executed, the clerk shall deliver to the county sheriff a copy of the mandate and prece…

The decisions of the Supreme Court shall be obligatory on the circuit courts as being the correct expositions of the law.

A.C.A. § 16-91-118Current through all legislation of the 2025 Regular Session.Arkansas Code of 1987 Annotated Official EditionCopyright © 2026 by the State of Arkansas All rights reserved

(a) In the case of a defendant who has been convicted of a capital offense and sentenced to death, the defendant's prior trial counsel shall make available to the defendant's state post-conviction counsel the complete files of the defendant's trial counsel, and the defendant's pr…

(a) (1) (A) (i) If a capital conviction and sentence are affirmed on direct appeal, the circuit court in which the conviction was obtained shall, within two (2) weeks after the affirmance, conduct a hearing and enter a written order appointing counsel to represent the petitioner …

This subchapter applies to all persons under sentence of death, including those whose cases were pending on direct review when this subchapter was passed, who file their initial applications for state post-conviction relief on or after March 31, 1997.

It is the express intent of this subchapter to comply with the requirements of the Antiterrorism and Effective Death Penalty Act of 1996, Pub. L. No. 104-132, in an effort to obtain the benefits of the Antiterrorism and Effective Death Penalty Act of 1996, Pub. L. No. 104-132, co…

(a) If any provision of this subchapter or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this subchapter which can be given effect without the invalid provision or application, and to th…

This subchapter is known and may be cited as the “Arkansas Effective Death Penalty Act of 1997”.

(a) The property, both real and personal, of any person charged with a criminal offense shall be bound from the time of his or her arrest or the finding of an indictment against him or her, whichever shall first happen, for the payment of all fines and costs which he or she may b…

(a) The clerk of the court, at the end of each term, shall issue executions for all fines imposed on indictments, in penal actions, or otherwise, and for the costs of conviction in criminal cases during the term, and remaining unpaid, which shall be executed in the same manner as…

Where two (2) or more defendants are joined in one (1) indictment and shall sever in the trial, the costs which shall have accrued before the severance shall be adjudged against such of the defendants as may have been convicted, and the costs thereafter accruing shall be apportio…