Stricken language would be deleted from and underlined language would be added to present law.
*JLL009* 01/26/2023 09:30:20 AM JLL009
State of Arkansas 1
94th General Assembly A Bill 2
Regular Session, 2023 HOUSE BILL 1287 3
4
By: Representatives Gazaway, M. Shepherd 5
By: Senators C. Tucker, J. Bryant 6
7
For An Act To Be Entitled 8
AN ACT TO MAKE TECHN ICAL CORRECTIONS TO TITLE 16 OF 9
THE ARKANSAS CODE CO NCERNING PRACTICE, P ROCEDURE, AND 10
THE COURTS; AND FOR OTHER PURPOSES. 11
12
13
Subtitle 14
TO MAKE TECHNICAL CORRECTIONS TO TITLE 16 15
OF THE ARKANSAS CODE CONCERNING PRACTICE, 16
PROCEDURE, AND THE COURTS. 17
18
19
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 20
21
SECTION 1. Arkansas Code § 16-10-109 is repealed because it is 22
obsolete. 23
16-10-109. Reading of record — Signing. 24
Full entries of the orders and proceedings of all courts of record of 25
each day shall be read in open court on the morning of the succeeding day. 26
However, on the last day of the term, the minutes shall be read and signed at 27
the rising of the court. 28
29
SECTION 2. Arkansas Code § 16-10-123 is repealed because it is 30
obsolete. 31
16-10-123. Furnishing fuel, blank books, and stationery. 32
The several sheriffs are authorized and required to furnish the fuel 33
which may be necessary for the use of the several courts in their respective 34
counties, and the clerks shall furnish all blank books and stationery for the 35
use of the several courts in their respective counties. 36 HB1287
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1
SECTION 3. Arkansas Code § 16-10-125 is repealed because it is 2
obsolete. 3
16-10-125. Audit of accounts of s heriff and clerk. 4
The several courts shall audit and adjust the accounts of the sheriff 5
and clerk for all expenditures made under this act and certify the balance 6
accordingly. 7
8
SECTION 4. Arkansas Code § 16-10-128 is repealed because it is 9
obsolete. 10
16-10-128. Transcripts — Bills of exceptions. 11
In making out transcripts of records, except on writs of error and 12
appeals, the bills of exception shall not be inserted unless specially 13
required by the applicant therefor. 14
15
SECTION 5. Arkansas Code § 16-13-216 is repealed because it is 16
obsolete. 17
16-13-216. Clerk and court reporter — Assistants — Salaries. 18
(a) The circuit judge of any judicial district which had a total 19
population between forty -two thousand (42,000) and forty -four thousand 20
(44,000) according to the 1960 Federal Decennial Census may appoint for the 21
district some person who is either a lawyer, or who has served as an official 22
court reporter prior to February 27, 1968, to serve as clerk and court 23
reporter for the judicial district. 24
(b)(1) The official so provided for in this section for such a 25
judicial district shall receive a salary of five thousand four hundred 26
dollars ($5,400) per year for such work. 27
(2) The salary is to be paid in monthly or quarterly payments by 28
the various counties o f the judicial district out of proper and appropriate 29
funds and as set out in this section. 30
(c)(1) The circuit judge of the judicial circuit is authorized, 31
empowered, and directed to employ and appoint a person to assist the clerk or 32
court reporter at th e request of the clerk or court reporter at wages to be 33
designated by the circuit judge. 34
(2) The wages of the assistant shall be paid out of the salary 35
of the clerk or court reporter appointed under this section to serve the 36 HB1287
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judicial district. 1
(d)(1) The annual salary of the clerk and court reporter shall be paid 2
by the respective counties comprising the judicial districts which may be 3
affected by this section according to an assessment or assessments to be 4
fixed, made, determined, and proportioned am ong the counties comprising the 5
judicial district by the presiding judge of the judicial district at such 6
time as he or she may deem proper and necessary. 7
(2) The proportioning, fixing, prorating, and determining of the 8
amounts each county shall pay sh all be determined on a basis of assessed 9
valuation of the property in the counties or in the district as a whole. 10
(3) The salary shall be paid as provided in subsection (b) of 11
this section by the various counties from appropriate county funds. 12
(e) Nothing in this section shall affect the fees chargeable by court 13
reporters of the judicial districts with a total population of between forty -14
two thousand (42,000) and forty -four thousand (44,000) according to the 1960 15
Federal Decennial Census for transcrip ts and such services as may be now in 16
force and effect. 17
18
SECTION 6. Arkansas Code § 16-13-508 is repealed because the section 19
is also codified at Arkansas Code § 19 -5-1082. 20
16-13-508. Court Reporter's Fund established. 21
There is created on the books of the Auditor of State, Treasurer of 22
State, and Chief Fiscal Officer of the State a fund to be known as the Court 23
Reporter's Fund which fund shall be used exclusively for paying such 24
salaries, transcript fees, and expenses of court reporters as may be provid ed 25
by law to be paid from state funds. 26
27
SECTION 7. Arkansas Code § 16-13-904 is repealed because it is 28
obsolete. 29
16-13-904. Additional judgeship. [Referred to Arkansas Judicial 30
Council for approval.] 31
(a) There is created in the First Judicial District an additional 32
circuit judgeship which shall have jurisdiction in law, equity, and probate. 33
(b) As soon as possible after July 30, 1999, the Governor shall 34
appoint a qualified person to temporarily fill the First Judicial District 35
circuit judgeship creat ed by subsection (a) of this section, and the 36 HB1287
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appointed person shall serve until December 31, 2000, or until a successor 1
has been elected and qualified, whichever occurs last. 2
(c)(1) The qualified electors of the district shall elect the 3
additional circuit judge created by this section at the November 2000 general 4
election to take office on January 1, 2001. 5
(2) The additional judge shall be elected from the district and 6
shall satisfy the same qualifications for holding office and shall receive 7
the same salary, expenses, and other allowances as provided by law for judges 8
of the circuit courts. 9
(3) The judge shall serve for elected terms of four (4) years. 10
(d) The counties which compose the First Judicial District shall 11
provide courtroom and office facilities and supplies for the judge of the 12
circuit judgeship created by this section, which shall be paid out of the 13
county treasuries in the same manner as other demands against the counties, 14
out of funds appropriated by the respective quorum courts of the counties for 15
such purposes. 16
(e) There shall be provided for the judge of the circuit judgeship 17
created by this section a court reporter and a trial court administrative 18
assistant whose salaries shall be fixed and paid in the manner provided by 19
law for court reporters and trial court administrative assistants of the 20
circuit courts of this state. 21
(f) The Attorney General shall, if it is determined to be necessary, 22
present the provisions of this section to the United States District Court 23
for the Eastern District of Arkansas pursuant to the decision in Eugene Hunt, 24
et al. v. State of Arkansas et al., No. PB -C-89-406. 25
26
SECTION 8. Arkansas Code § 16-13-905 is repealed because it is 27
obsolete. 28
16-13-905. Approval by Arkansas Judicial Council. [Referred t o Arkansas 29
Judicial Council for approval.] 30
(a) The provisions of § 16 -13-904 and this section shall be effective 31
only if approved by the Arkansas Judicial Council which said approval shall 32
be in writing to the chairs of the Senate and House Committees on Judiciary. 33
(b) The council is hereby directed to review the provisions of § 16 -34
13-904 and this section together with all other acts passed and approved by 35
the Eighty-second General Assembly regarding the division of, or the adding 36 HB1287
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of judgeships to, the First Judicial District, and approve the plan which the 1
council determines to be the best solution to the problems facing the First 2
Judicial District. 3
(c) If it is determined by the council that none of the acts passed 4
regarding the First Judicial Distri ct is meritorious, then none of the acts 5
should be approved by the council and none of the acts shall take effect even 6
after passage and approval by the Eighty -second General Assembly. 7
8
SECTION 9. Arkansas Code Title 16, Chapter 19, Subchapter 3, is 9
repealed because its provisions are being transferred to Arkansas Code Title 10
14 by Section 18 of this act. 11
12
Subchapter 3 – Constables 13
14
16-19-301. Peacekeeping duties and authority — Neglect of duty. 15
(a) Each constable shall be a conservator of the peace in his township 16
and shall suppress all riots, affrays, fights, and unlawful assemblies, and 17
shall keep the peace and cause offenders to be arrested and dealt with 18
according to law. 19
(b) If any offense cognizable before a justice of the peace in his 20
township is committed in his presence, the constable shall immediately arrest 21
the offender and cause him to be dealt with according to law. 22
(c) Nothing in subsection (a) or subsection (b) of this section shall 23
be construed to deprive a constable of authority to s erve warrants, summons, 24
writs, and other process as provided by law. 25
(d) Nothing in this section shall prevent the fresh pursuit by a 26
constable of a person suspected of having committed a supposed felony in his 27
township, though no felony has actually bee n committed, if there are 28
reasonable grounds for so believing. “Fresh pursuit” as used in this section 29
shall not necessarily imply instant pursuit, but pursuit without unreasonable 30
delay. 31
(e) If it comes to the knowledge of any constable that an offense 32
mentioned in this section has been committed in his township, it shall be the 33
duty of the constable to present the offender to a justice of the peace of 34
the township in order that the offender may be arrested and brought to trial 35
as prescribed by law. 36 HB1287
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(f) If a constable fails, refuses, or neglects to perform the duties 1
imposed upon him by this section, he shall be deemed guilty of a misdemeanor, 2
and upon conviction, by indictment in the circuit court, shall be fined not 3
less than five dollars ($5.00) nor more than one hundred dollars ($100). 4
5
16-19-302. Proceedings against constables upon default. 6
(a) A justice of the peace shall, upon the demand of the party 7
injured, or his agent, issue a summons against a constable to whom any 8
execution has been deli vered, or who has received any money upon any judgment 9
of the justice, whether with or without execution: 10
(1) If the constable fails to make return of the execution 11
according to the command thereof; 12
(2) If he makes a false return; 13
(3) If he fails to have any money collected by him on execution 14
before the justice on the return day thereof, ready to be paid over to the 15
party entitled thereto, or the receipt of such person therefor; or 16
(4) If he fails to pay over on demand to the person entitle d 17
thereto, or his agent, any money received by him in payment of any judgment. 18
(b) The summons shall require the constable to appear before the 19
justice at a place and time to be specified therein, not exceeding ten (10) 20
days, and show cause why an execution should not be issued against him for 21
the amount due upon the execution placed in his hands, or for the amount 22
received by him upon the judgment, according to the nature of the case. The 23
summons shall be served at least four (4) days before the re turn day thereof 24
and may in other respects be executed in the same manner as an original 25
summons. 26
(c) If the constable fails to appear, or if he appears but fails to 27
show good cause in reply to the matters alleged against him, the justice 28
shall render judgment against him for the amount due on the execution, or for 29
the amount received by him without execution, according to the nature of the 30
case, together with interest thereon, at the rate of one hundred percent 31
(100%) per annum, from the time the executi on ought to have been returned, 32
and from the time the money ought to have been had before the justice ready 33
to be paid over to the parties entitled thereto, or from the time the money 34
was received on the judgment without execution, or was demanded by the p arty 35
or his agent. 36 HB1287
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(d) Any process issued against any constable shall be served and 1
executed by a special deputy, who shall be appointed by the justice for that 2
purpose and who shall have the same power to execute and return such process 3
as a constable, and whose return shall be sworn to. 4
(e) Upon a judgment against a constable pursuant to this section, 5
there shall be no stay of execution, but an appeal may be had as in other 6
cases and with like effect. 7
(f) The party injured may proceed against the co nstable as provided in 8
this section or may institute a suit against him on his official bond. When 9
proceeding on the constable's official bond, the injured party shall be 10
entitled to the same recovery as upon a summons against the constable. 11
12
16-19-303. Removal from office. 13
(a) If any constable fails to pay over any money collected by him 14
after demand is made, or fails to return any execution or other process 15
within the time specified in the process, or fails or neglects to perform any 16
other duty required by law, he shall be removed from office by the county 17
court on motion on charges exhibited against him. 18
(b) A copy of the charges, together with notice of the time of hearing 19
the charges, shall be served on the constable at least five (5) days before 20
the commencement of the term of the court at which the motion is made, which 21
may be served in the same manner as a summons, and by any person over the age 22
of twenty-one (21) years who would be a competent witness. 23
24
16-19-304. Failure to pay moneys collect ed — Responsibility of sureties 25
— Relief from liability. 26
(a) If any constable receives from any person any bonds, bills, notes, 27
or accounts for collection and gives his receipt therefor in his official 28
capacity, and fails to pay to that person on demand the amount he may have 29
collected, and fails to return the bonds, bills, notes, or accounts, if they 30
have not been collected, the constable and his securities shall be 31
responsible on his official bond for the amount of the bonds, bills, notes, 32
or accounts not paid over or returned. 33
(b) No constable shall be responsible for any bond, bill, or note for 34
which he may have given his receipts and on which suit may have been brought. 35
36 HB1287
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16-19-305. Continuance in office upon division of township. 1
If any township is divided, the constable in office at the time of the 2
division shall continue in office and be constable of the township in which 3
he resides. 4
5
16-19-306. Restriction on constables' authority to appoint deputies. 6
Constables in the various townships in t his state shall have no 7
authority to appoint deputies. 8
9
SECTION 10. Arkansas Code § 16-31-103(c), concerning deferment of jury 10
service for a member of the General Assembly, is amended to read as follows 11
to make stylistic changes: 12
(c) If a member of the General Assembly is summoned for service on a 13
petit or grand jury in circuit court within thirty (30) days preceding the 14
convening of the General Assembly or at any time during a regular session, 15
extraordinary session, or fiscal session, he or she is enti tled to a 16
deferment of that service until thirty (30) days after adjournment sine die 17
of the General Assembly. 18
19
SECTION 11. Arkansas Code § 16-84-117(b)-(c), concerning denial of bail 20
for certain arrested persons, is amended to read as follows to clarify 21
references: 22
(b) Unless waived by the court under subsection (c) of this section, a 23
person arrested for a violation of trafficking of persons, § 5 -18-103, 24
kidnapping, § 5-11-102, or false imprisonment in the first degree, § 5 -11-25
103, or an offense that in volves the taking of a minor or holding a minor 26
without consent, shall not be granted bail before the person agrees to the 27
following conditions imposed by the arraigning court: 28
(1) An ankle monitor or GPS -enabled tracking device; 29
(2) Restricted movem ent limited to the person's residence, 30
except in the case of a medical emergency; 31
(3) A restriction on internet access and access to electronic 32
media; 33
(4) An agreement by the defendant person to: 34
(A) A no contact order prohibiting direct or indir ect 35
contact with the victim or victims of the charged offense; 36 HB1287
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(B) Relinquish all firearms to a third party until the 1
expiration of the no contact order; and 2
(C) Refrain from using an illegal controlled substance; 3
(5) A cash bond or a secured bo nd requiring the defendant person 4
to put up at least fifty percent (50%) of the principal bond amount, at the 5
discretion of the court; 6
(6) Maintaining regular reporting requirements, at the 7
discretion of the court; and 8
(7) Obeying a curfew, at the co urt's discretion. 9
(c) The court may waive a condition under subsection (b) of this 10
section upon a showing that the waiver would not result in an increased risk 11
to the community or an increased risk of flight by the defendant person. 12
13
SECTION 12. Arkansas Code § 16-85-714(b)(1), concerning issuance of no 14
contact orders with respect to certain persons in custody, is amended to read 15
as follows to clarify a reference: 16
(b)(1) A court may issue a no contact order under this section in 17
addition to any other c ondition of release from custody that is imposed by 18
the court if: 19
(A) The person defendant is charged with one (1) or more of the 20
following offenses: 21
(i) Terroristic threatening, § 5 -13-301; 22
(ii) Trafficking of persons, § 5 -18-103; or 23
(iii) False imprisonment in the first degree, § 5 -11-103; 24
or 25
(B) It appears that there exists a danger that a defendant will: 26
(i) Commit a serious crime; 27
(ii) Seek to intimidate a witness; or 28
(iii) Otherwise unlawfully interfere with the orderly 29
administration of justice. 30
31
SECTION 13. Arkansas Code § 16-93-613(a), concerning eligibility for 32
parole for certain offenses, is amended to read as follows to clarify its 33
application and to make stylistic changes: 34
(a) Except for those persons a person subject to delayed release under 35
§ 5-4-405 and except for a drug offense addressed in § 16 -93-618 or a Class Y 36 HB1287
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felony addressed in § 5 -4-104(c)(2), § 16-93-614, or § 16-93-618, a person 1
who commits a Class Y felony, Class A felony, or Class B felony , except those 2
drug offenses addressed in § 16 -93-618 or those Class Y felonies addressed in 3
§ 5-4-104(c)(2), § 16-93-614, or § 16-93-618, and who shall be is convicted 4
and incarcerated for that the Class Y felony, Class A felony, or Class B 5
felony, shall be is eligible for release on parole as follows: 6
(1) An inmate under sentence of death or life imprisonment 7
without parole is not eligible for release on parole but may be pardoned or 8
have his or her sentence commuted by the Governor as provided by law; and 9
(2)(A) An inmate sentenced to life imprisonment is not eligible 10
for release on parole unless the sentence is commuted to a term of years by 11
executive clemency. 12
(B) Upon commutation, the inmate is eligible for release 13
on parole as provided in this su bchapter. 14
15
SECTION 14. Arkansas Code Title 16, Chapter 96, Subchapter 1, is 16
repealed because it is obsolete. 17
18
Subchapter 1 – City Courts 19
20
16-96-101. Procedure generally. 21
The proceedings in circuit courts for the trial of criminal cases, so 22
far as applicable, shall govern the proceedings of the city courts, except as 23
otherwise provided in this subchapter. 24
25
16-96-102. Applicability to judge acting as clerk. 26
Where a judge acts as the clerk of the court, the provisions of this 27
subchapter as to the clerk shall apply to him or her. 28
29
16-96-103. Terms of sessions. 30
The judge of the city court may, by orders entered on its minutes, fix 31
terms for its sessions, to which process shall be returnable, but may hold 32
the court at any time for the transaction of busi ness brought before him or 33
her. 34
35
16-96-104. Pleadings and indictments. 36 HB1287
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(a) No written information or pleadings are required in prosecutions 1
in which an indictment is not required. 2
(b) No indictment shall be necessary in prosecutions for violations of 3
the bylaws or ordinances of a city or town nor in other prosecutions in city 4
courts. 5
6
16-96-105. Summons. 7
(a) Upon information given by a peace officer, or by a private person 8
on oath, to the judge or clerk of a court that an offense within the 9
jurisdiction of the court has been committed, the judge or clerk shall issue 10
a summons against the offender. 11
(b)(1) The summons shall command the peace officer to whom it is 12
directed to summon the defendant, naming him or her, to appear in the court, 13
on a day to be named in the summons, to answer the charge made against him or 14
her of having committed an offense, naming or briefly describing it, and the 15
peace officer shall return the summons on a day to be named. 16
(2) It shall be signed by the judge or clerk and directed to the 17
peace officer of the town or city, but it may be executed by any peace 18
officer of the city or county. 19
(c) The summons shall be executed by the officer reading it to the 20
defendant or stating to him or her its contents; and, if required , the 21
officer shall show it to him or her. 22
23
16-96-106. Warrant of arrest. 24
Upon information on oath made to the judge of the court, he or she may 25
order a warrant of arrest to be issued, which shall be similar to the summons 26
except in the command to arres t the defendant instead of summon him or her. 27
28
16-96-107. Subpoenas. 29
The clerk shall issue subpoenas for witnesses at the request of the 30
officers of the city or of the defendant, and the court may compel their 31
attendance in the manner prescribed in the Code of Practice in Civil Cases. 32
33
16-96-108. Right to speedy trial or bail. 34
When a person has been arrested and brought before the city court, or 35
the judge thereof, charged with an offense within the jurisdiction of the 36 HB1287
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court, he or she shall be immedia tely tried or, at the discretion of the 1
judge, held to bail for his or her future appearance for trial, or discharged 2
from custody. 3
4
16-96-109. Time of trial. 5
(a) All prosecutions in city courts shall stand for trial immediately, 6
where the defendant is in custody or on bail for the offense charged, or on 7
the day when the defendant has been summoned to appear, but only if the 8
summons was executed within the limits of the court's jurisdiction one (1) 9
day or, elsewhere, ten (10) days before the day on whic h he or she is warned 10
to appear. 11
(b) If not executed as provided in subsection (a) of this section, the 12
trial shall be postponed to a day to be fixed by the court. 13
14
16-96-110. Trial by judge or jury for violations of other than 15
ordinances. 16
The issues of law and of fact in cases for violations of other than 17
ordinances may be tried by the judge unless the defendant demands a trial by 18
jury, in which case the issues shall be tried by a jury of twelve (12) 19
persons unless the defendant shall consent to be tr ied by a lesser number. 20
21
16-96-111. [Repealed.] 22
23
16-96-112. Trials in city court. 24
All trials in the city court for violation of the bylaws or ordinances 25
of any city or incorporated town shall be before the judge without the 26
intervention of a jury, but the defendant, upon appeal, shall have the right 27
to a trial by jury in the circuit court. 28
29
16-96-113. Continuances. 30
The court may, for good cause, grant continuances or postponements of 31
the trial. 32
33
SECTION 15. Arkansas Code 16-96-503 is repealed becau se it is 34
obsolete. 35
16-96-503. Jurisdiction. 36 HB1287
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The court shall have appellate jurisdiction over the judgments of city 1
courts in their respective counties without regard to the amount in 2
controversy. 3
4
SECTION 16. Arkansas Code § 16-102-102(g)-(h), concerning DWI/BWI 5
specialty courts, is amended to read as follows to clarify its application 6
and to make stylistic changes: 7
(g) Subject to § 5-65-108, probation and any other services ordered by 8
the DWI/BWI specialty court shall be ordered after the person ple ads guilty 9
or nolo contendere to violating driving or boating while intoxicated, § 5 -65-10
103. 11
(h) A DWI/BWI specialty court shall not reduce or dismiss a charge or 12
conviction of driving or boating while intoxicated, § 5-65-103, as provided 13
under § 5-65-107. 14
15
SECTION 17. Arkansas Code § 16-118-118(a), concerning definitions for 16
a civil action for vulnerable victims of sexual abuse, is amended to read as 17
follows to include respectful language pursuant to § 1 -2-124: 18
(a) As used in this section: 19
(1) “Disabled” “Disability” means that a person was determined 20
legally disabled to have a disability or determined medically disabled to 21
have a disability by a medical or mental health provider at the time of the 22
alleged wrongful conduct and was unable to give le gal consent; 23
(2) “Minor” means a person of under eighteen (18) years of age; 24
(3) “Sexual abuse” means the commission of one (1) or more of 25
the following acts or offenses: 26
(A) Rape, § 5-14-103; 27
(B) Sexual assault in the first degree, § 5 -14-124; 28
(C) Sexual assault in the second degree, § 5 -14-125; 29
(D) Engaging children in sexually explicit conduct for use 30
in a visual or print medium, § 5 -27-303; 31
(E) Transportation of minors for prohibited sexual 32
conduct, § 5-27-305; 33
(F) Use of children in sexual performances, § 5 -27-401 et 34
seq.; 35
(G) Unlawful sexual contact with a vulnerable victim; and 36 HB1287
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(H) Unlawful sexually explicit conduct with a vulnerable 1
victim; 2
(4) “Sexual contact” means the same as defined in § 5 -14-101; 3
(5) “Sexually explicit conduct” means the same as defined in § 4
5-27-302; and 5
(6) “Vulnerable victim” means a person who was either disabled a 6
person with a disability , a minor, or both at the time he or she was a victim 7
of sexual abuse. 8
9
SECTION 18. Arkansas Code Title 14, Chapter 15, is amended to add an 10
additional subchapter that was repealed by Section 9 of this act and that 11
includes corrections to obsolete language and stylistic changes. 12
13
Subchapter 11 – Constables 14
15
14-15-1101. Peacekeeping duti es and authority — Neglect of duty. 16
(a) Each constable shall be a conservator of the peace in his or her 17
township and shall suppress all riots, affrays, fights, and unlawful 18
assemblies, and shall keep the peace and cause offenders to be arrested and 19
dealt with according to law. 20
(b) If any offense cognizable before a district court in his or her 21
township is committed in his or her presence, the constable shall immediately 22
arrest the offender and cause him or her to be dealt with according to law. 23
(c) Nothing in subsection (a) or subsection (b) of this section shall 24
be construed to deprive a constable of authority to serve warrants, summons, 25
writs, and other process as provided by law. 26
(d) Nothing in this section shall prevent the fresh pursuit by a 27
constable of a person suspected of having committed a supposed felony in his 28
or her township, though no felony has actually been committed, if there are 29
reasonable grounds for so believing. As used in this section, “fresh 30
pursuit” shall not necessarily impl y instant pursuit, but pursuit without 31
unreasonable delay. 32
(e) If it comes to the knowledge of any constable that an offense 33
mentioned in this section has been committed in his or her township, it shall 34
be the duty of the constable to present the offende r to a district court in 35
order that the offender may be arrested and brought to trial as prescribed by 36 HB1287
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law. 1
(f) If a constable fails, refuses, or neglects to perform the duties 2
imposed upon him or her by this section, he or she shall be deemed guilty of 3
a violation, and upon conviction, by indictment in the circuit court, shall 4
be fined not less than five dollars ($5.00) nor more than one hundred dollars 5
($100). 6
7
14-15-1102. Proceedings against constables upon default. 8
(a) A district court shall, upon the demand of the party injured, or 9
his or her agent, issue a summons against a constable to whom any execution 10
has been delivered, or who has received any money upon any judgment of the 11
justice, whether with or without execution: 12
(1) If the constable f ails to make return of the execution 13
according to the command thereof; 14
(2) If he or she makes a false return; 15
(3) If he or she fails to have any money collected by him or her 16
on execution before the district court on the return day thereof, ready to be 17
paid over to the party entitled thereto, or the receipt of such person 18
therefor; or 19
(4) If he or she fails to pay over on demand to the person 20
entitled thereto, or his or her agent, any money received by him or her in 21
payment of any judgment. 22
(b) The summons shall require the constable to appear before the 23
district court at a place and time to be specified therein, not exceeding ten 24
(10) days, and show cause why an execution should not be issued against him 25
or her for the amount due upon the executi on placed in his or her hands, or 26
for the amount received by him or her upon the judgment, according to the 27
nature of the case. The summons shall be served at least four (4) days before 28
the return day thereof and may in other respects be executed in the sa me 29
manner as an original summons. 30
(c) If the constable fails to appear, or if he or she appears but 31
fails to show good cause in reply to the matters alleged against him or her, 32
the district court shall render judgment against him or her for the amount 33
due on the execution, or for the amount received by him or her without 34
execution, according to the nature of the case, together with interest 35
thereon, at the rate of one hundred percent (100%) per annum, from the time 36 HB1287
16 01/26/2023 09:30:20 AM JLL009
the execution ought to have been returne d, and from the time the money ought 1
to have been had before the district court ready to be paid over to the 2
parties entitled thereto, or from the time the money was received on the 3
judgment without execution, or was demanded by the party or his or her age nt. 4
(d) Any process issued against any constable shall be served and 5
executed by a special deputy, who shall be appointed by the district court 6
for that purpose and who shall have the same power to execute and return such 7
process as a constable, and whos e return shall be sworn to. 8
(e) Upon a judgment against a constable pursuant to this section, 9
there shall be no stay of execution, but an appeal may be had as in other 10
cases and with like effect. 11
(f) The party injured may proceed against the constable as provided in 12
this section or may institute a suit against him or her on his or her 13
official bond. When proceeding on the constable's official bond, the injured 14
party shall be entitled to the same recovery as upon a summons against the 15
constable. 16
17
14-15-1103. Removal from office. 18
(a) If any constable fails to pay over any money collected by him or 19
her after demand is made, or fails to return any execution or other process 20
within the time specified in the process, or fails or neglects to perform a ny 21
other duty required by law, he or she shall be removed from office by the 22
county court on motion on charges exhibited against him or her. 23
(b) A copy of the charges, together with notice of the time of hearing 24
the charges, shall be served on the consta ble at least five (5) days before 25
the commencement of the term of the county court at which the motion is made, 26
which may be served in the same manner as a summons, and by any person over 27
the age of twenty-one (21) years who would be a competent witness. 28
29
14-15-1104. Failure to pay moneys collected — Responsibility of 30
sureties — Relief from liability. 31
(a) If any constable receives from any person any bonds, bills, notes, 32
or accounts for collection and gives his or her receipt therefor in his or 33
her official capacity, and fails to pay to that person on demand the amount 34
he or she may have collected, and fails to return the bonds, bills, notes, or 35
accounts, if they have not been collected, the constable and his or her 36 HB1287
17 01/26/2023 09:30:20 AM JLL009
securities shall be responsible on hi s or her official bond for the amount of 1
the bonds, bills, notes, or accounts not paid over or returned. 2
(b) No constable shall be responsible for any bond, bill, or note for 3
which he or she may have given his or her receipts and on which suit may have 4
been brought. 5
6
14-15-1105. Continuance in office upon division of township. 7
If any township is divided, the constable in office at the time of the 8
division shall continue in office and be constable of the township in which 9
he or she resides. 10
11
14-15-1106. Restriction on constables' authority to appoint deputies. 12
Constables in the various townships in this state shall have no 13
authority to appoint deputies. 14
15
SECTION 19. DO NOT CODIFY. CONSTRUCTION AND LEGISLATIVE INTENT. 16
It is the intent of the Gener al Assembly that: 17
(1) The enactment and adoption of this act shall not expressly 18
or impliedly repeal an act passed during the regular session of the Ninety -19
Fourth General Assembly; 20
(2) To the extent that a conflict exists between an act of the 21
regular session of the Ninety -Fourth General Assembly and this act: 22
(A) The act of the regular session of the Ninety -Fourth 23
General Assembly shall be treated as a subsequent act passed by the General 24
Assembly for the purposes of: 25
(i) Giving the act of the regular session of the 26
Ninety-Fourth General Assembly its full force and effect; and 27
(ii) Amending or repealing the appropriate parts of 28
the Arkansas Code of 1987; and 29
(B) Section 1-2-107 shall not apply; and 30
(3) This act shall make only tec hnical, not substantive, changes 31
to the Arkansas Code of 1987. 32
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