Arkansas 2023 Regular Session

Arkansas House Bill HB1287 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		Stricken language would be deleted from and underlined language would be added to present law.
2		-	Act 177 of the Regular Session
3	2		JLL009 01/26/2023 09:30:20 AM JLL009
4	3
5	4		State of Arkansas 1
6	5		94th General Assembly A Bill 2
7	6		Regular Session, 2023 HOUSE BILL 1287 3
8	7		4
9	8		By: Representatives Gazaway, M. Shepherd 5
10	9		By: Senators C. Tucker, J. Bryant 6
11	10		7
12	11		For An Act To Be Entitled 8
13	12		AN ACT TO MAKE TECHN ICAL CORRECTIONS TO TITLE 16 OF 9
14	13		THE ARKANSAS CODE CO NCERNING PRACTICE, P ROCEDURE, AND 10
15	14		THE COURTS; AND FOR OTHER PURPOSES. 11
16	15		12
17	16		13
18	17		Subtitle 14
19	18		TO MAKE TECHNICAL CORRECTIONS TO TITLE 16 15
20	19		OF THE ARKANSAS CODE CONCERNING PRACTICE, 16
21	20		PROCEDURE, AND THE COURTS. 17
22	21		18
23	22		19
24	23		BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 20
25	24		21
26	25		SECTION 1. Arkansas Code § 16-10-109 is repealed because it is 22
27	26		obsolete. 23
28	27		16-10-109. Reading of record — Signing. 24
29	28		Full entries of the orders and proceedings of all courts of record of 25
30	29		each day shall be read in open court on the morning of the succeeding day. 26
31	30		However, on the last day of the term, the minutes shall be read and signed at 27
32	31		the rising of the court. 28
33	32		29
34	33		SECTION 2. Arkansas Code § 16-10-123 is repealed because it is 30
35	34		obsolete. 31
36	35		16-10-123. Furnishing fuel, blank books, and stationery. 32
37	36		The several sheriffs are authorized and required to furnish the fuel 33
38	37		which may be necessary for the use of the several courts in their respective 34
39	38		counties, and the clerks shall furnish all blank books and stationery for the 35
40	39		use of the several courts in their respective counties. 36 HB1287
41	40
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44	43
45	44		1
46	45		SECTION 3. Arkansas Code § 16-10-125 is repealed because it is 2
47	46		obsolete. 3
48	47		16-10-125. Audit of accounts of s heriff and clerk. 4
49	48		The several courts shall audit and adjust the accounts of the sheriff 5
50	49		and clerk for all expenditures made under this act and certify the balance 6
51	50		accordingly. 7
52	51		8
53	52		SECTION 4. Arkansas Code § 16-10-128 is repealed because it is 9
54	53		obsolete. 10
55	54		16-10-128. Transcripts — Bills of exceptions. 11
56	55		In making out transcripts of records, except on writs of error and 12
57	56		appeals, the bills of exception shall not be inserted unless specially 13
58	57		required by the applicant therefor. 14
59	58		15
60	59		SECTION 5. Arkansas Code § 16-13-216 is repealed because it is 16
61	60		obsolete. 17
62	61		16-13-216. Clerk and court reporter — Assistants — Salaries. 18
63	62		(a) The circuit judge of any judicial district which had a total 19
64	63		population between forty -two thousand (42,000) and forty -four thousand 20
65	64		(44,000) according to the 1960 Federal Decennial Census may appoint for the 21
66	65		district some person who is either a lawyer, or who has served as an official 22
67	66		court reporter prior to February 27, 1968, to serve as clerk and court 23
68	67		reporter for the judicial district. 24
69	68		(b)(1) The official so provided for in this section for such a 25
70	69		judicial district shall receive a salary of five thousand four hundred 26
71	70		dollars ($5,400) per year for such work. 27
72	71		(2) The salary is to be paid in monthly or quarterly payments by 28
73	72		the various counties o f the judicial district out of proper and appropriate 29
74	73		funds and as set out in this section. 30
75	74		(c)(1) The circuit judge of the judicial circuit is authorized, 31
76	75		empowered, and directed to employ and appoint a person to assist the clerk or 32
77	76		court reporter at th e request of the clerk or court reporter at wages to be 33
78	77		designated by the circuit judge. 34
79	78		(2) The wages of the assistant shall be paid out of the salary 35
80	79		of the clerk or court reporter appointed under this section to serve the 36 HB1287
81	80
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83	82
84	83
85	84		judicial district. 1
86	85		(d)(1) The annual salary of the clerk and court reporter shall be paid 2
87	86		by the respective counties comprising the judicial districts which may be 3
88	87		affected by this section according to an assessment or assessments to be 4
89	88		fixed, made, determined, and proportioned am ong the counties comprising the 5
90	89		judicial district by the presiding judge of the judicial district at such 6
91	90		time as he or she may deem proper and necessary. 7
92	91		(2) The proportioning, fixing, prorating, and determining of the 8
93	92		amounts each county shall pay sh all be determined on a basis of assessed 9
94	93		valuation of the property in the counties or in the district as a whole. 10
95	94		(3) The salary shall be paid as provided in subsection (b) of 11
96	95		this section by the various counties from appropriate county funds. 12
97	96		(e) Nothing in this section shall affect the fees chargeable by court 13
98	97		reporters of the judicial districts with a total population of between forty -14
99	98		two thousand (42,000) and forty -four thousand (44,000) according to the 1960 15
100	99		Federal Decennial Census for transcrip ts and such services as may be now in 16
101	100		force and effect. 17
102	101		18
103	102		SECTION 6. Arkansas Code § 16-13-508 is repealed because the section 19
104	103		is also codified at Arkansas Code § 19 -5-1082. 20
105	104		16-13-508. Court Reporter's Fund established. 21
106	105		There is created on the books of the Auditor of State, Treasurer of 22
107	106		State, and Chief Fiscal Officer of the State a fund to be known as the Court 23
108	107		Reporter's Fund which fund shall be used exclusively for paying such 24
109	108		salaries, transcript fees, and expenses of court reporters as may be provid ed 25
110	109		by law to be paid from state funds. 26
111	110		27
112	111		SECTION 7. Arkansas Code § 16-13-904 is repealed because it is 28
113	112		obsolete. 29
114	113		16-13-904. Additional judgeship. [Referred to Arkansas Judicial 30
115	114		Council for approval.] 31
116	115		(a) There is created in the First Judicial District an additional 32
117	116		circuit judgeship which shall have jurisdiction in law, equity, and probate. 33
118	117		(b) As soon as possible after July 30, 1999, the Governor shall 34
119	118		appoint a qualified person to temporarily fill the First Judicial District 35
120	119		circuit judgeship creat ed by subsection (a) of this section, and the 36 HB1287
121	120
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123	122
124	123
125	124		appointed person shall serve until December 31, 2000, or until a successor 1
126	125		has been elected and qualified, whichever occurs last. 2
127	126		(c)(1) The qualified electors of the district shall elect the 3
128	127		additional circuit judge created by this section at the November 2000 general 4
129	128		election to take office on January 1, 2001. 5
130	129		(2) The additional judge shall be elected from the district and 6
131	130		shall satisfy the same qualifications for holding office and shall receive 7
132	131		the same salary, expenses, and other allowances as provided by law for judges 8
133	132		of the circuit courts. 9
134	133		(3) The judge shall serve for elected terms of four (4) years. 10
135	134		(d) The counties which compose the First Judicial District shall 11
136	135		provide courtroom and office facilities and supplies for the judge of the 12
137	136		circuit judgeship created by this section, which shall be paid out of the 13
138	137		county treasuries in the same manner as other demands against the counties, 14
139	138		out of funds appropriated by the respective quorum courts of the counties for 15
140	139		such purposes. 16
141	140		(e) There shall be provided for the judge of the circuit judgeship 17
142	141		created by this section a court reporter and a trial court administrative 18
143	142		assistant whose salaries shall be fixed and paid in the manner provided by 19
144	143		law for court reporters and trial court administrative assistants of the 20
145	144		circuit courts of this state. 21
146	145		(f) The Attorney General shall, if it is determined to be necessary, 22
147	146		present the provisions of this section to the United States District Court 23
148	147		for the Eastern District of Arkansas pursuant to the decision in Eugene Hunt, 24
149	148		et al. v. State of Arkansas et al., No. PB -C-89-406. 25
150	149		26
151	150		SECTION 8. Arkansas Code § 16-13-905 is repealed because it is 27
152	151		obsolete. 28
153	152		16-13-905. Approval by Arkansas Judicial Council. [Referred t o Arkansas 29
154	153		Judicial Council for approval.] 30
155	154		(a) The provisions of § 16 -13-904 and this section shall be effective 31
156	155		only if approved by the Arkansas Judicial Council which said approval shall 32
157	156		be in writing to the chairs of the Senate and House Committees on Judiciary. 33
158	157		(b) The council is hereby directed to review the provisions of § 16 -34
159	158		13-904 and this section together with all other acts passed and approved by 35
160	159		the Eighty-second General Assembly regarding the division of, or the adding 36 HB1287
161	160
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163	162
164	163
165	164		of judgeships to, the First Judicial District, and approve the plan which the 1
166	165		council determines to be the best solution to the problems facing the First 2
167	166		Judicial District. 3
168	167		(c) If it is determined by the council that none of the acts passed 4
169	168		regarding the First Judicial Distri ct is meritorious, then none of the acts 5
170	169		should be approved by the council and none of the acts shall take effect even 6
171	170		after passage and approval by the Eighty -second General Assembly. 7
172	171		8
173	172		SECTION 9. Arkansas Code Title 16, Chapter 19, Subchapter 3, is 9
174	173		repealed because its provisions are being transferred to Arkansas Code Title 10
175	174		14 by Section 18 of this act. 11
176	175		12
177	176		Subchapter 3 – Constables 13
178	177		14
179	178		16-19-301. Peacekeeping duties and authority — Neglect of duty. 15
180	179		(a) Each constable shall be a conservator of the peace in his township 16
181	180		and shall suppress all riots, affrays, fights, and unlawful assemblies, and 17
182	181		shall keep the peace and cause offenders to be arrested and dealt with 18
183	182		according to law. 19
184	183		(b) If any offense cognizable before a justice of the peace in his 20
185	184		township is committed in his presence, the constable shall immediately arrest 21
186	185		the offender and cause him to be dealt with according to law. 22
187	186		(c) Nothing in subsection (a) or subsection (b) of this section shall 23
188	187		be construed to deprive a constable of authority to s erve warrants, summons, 24
189	188		writs, and other process as provided by law. 25
190	189		(d) Nothing in this section shall prevent the fresh pursuit by a 26
191	190		constable of a person suspected of having committed a supposed felony in his 27
192	191		township, though no felony has actually bee n committed, if there are 28
193	192		reasonable grounds for so believing. “Fresh pursuit” as used in this section 29
194	193		shall not necessarily imply instant pursuit, but pursuit without unreasonable 30
195	194		delay. 31
196	195		(e) If it comes to the knowledge of any constable that an offense 32
197	196		mentioned in this section has been committed in his township, it shall be the 33
198	197		duty of the constable to present the offender to a justice of the peace of 34
199	198		the township in order that the offender may be arrested and brought to trial 35
200	199		as prescribed by law. 36 HB1287
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204	203
205	204		(f) If a constable fails, refuses, or neglects to perform the duties 1
206	205		imposed upon him by this section, he shall be deemed guilty of a misdemeanor, 2
207	206		and upon conviction, by indictment in the circuit court, shall be fined not 3
208	207		less than five dollars ($5.00) nor more than one hundred dollars ($100). 4
209	208		5
210	209		16-19-302. Proceedings against constables upon default. 6
211	210		(a) A justice of the peace shall, upon the demand of the party 7
212	211		injured, or his agent, issue a summons against a constable to whom any 8
213	212		execution has been deli vered, or who has received any money upon any judgment 9
214	213		of the justice, whether with or without execution: 10
215	214		(1) If the constable fails to make return of the execution 11
216	215		according to the command thereof; 12
217	216		(2) If he makes a false return; 13
218	217		(3) If he fails to have any money collected by him on execution 14
219	218		before the justice on the return day thereof, ready to be paid over to the 15
220	219		party entitled thereto, or the receipt of such person therefor; or 16
221	220		(4) If he fails to pay over on demand to the person entitle d 17
222	221		thereto, or his agent, any money received by him in payment of any judgment. 18
223	222		(b) The summons shall require the constable to appear before the 19
224	223		justice at a place and time to be specified therein, not exceeding ten (10) 20
225	224		days, and show cause why an execution should not be issued against him for 21
226	225		the amount due upon the execution placed in his hands, or for the amount 22
227	226		received by him upon the judgment, according to the nature of the case. The 23
228	227		summons shall be served at least four (4) days before the re turn day thereof 24
229	228		and may in other respects be executed in the same manner as an original 25
230	229		summons. 26
231	230		(c) If the constable fails to appear, or if he appears but fails to 27
232	231		show good cause in reply to the matters alleged against him, the justice 28
233	232		shall render judgment against him for the amount due on the execution, or for 29
234	233		the amount received by him without execution, according to the nature of the 30
235	234		case, together with interest thereon, at the rate of one hundred percent 31
236	235		(100%) per annum, from the time the executi on ought to have been returned, 32
237	236		and from the time the money ought to have been had before the justice ready 33
238	237		to be paid over to the parties entitled thereto, or from the time the money 34
239	238		was received on the judgment without execution, or was demanded by the p arty 35
240	239		or his agent. 36 HB1287
241	240
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244	243
245	244		(d) Any process issued against any constable shall be served and 1
246	245		executed by a special deputy, who shall be appointed by the justice for that 2
247	246		purpose and who shall have the same power to execute and return such process 3
248	247		as a constable, and whose return shall be sworn to. 4
249	248		(e) Upon a judgment against a constable pursuant to this section, 5
250	249		there shall be no stay of execution, but an appeal may be had as in other 6
251	250		cases and with like effect. 7
252	251		(f) The party injured may proceed against the co nstable as provided in 8
253	252		this section or may institute a suit against him on his official bond. When 9
254	253		proceeding on the constable's official bond, the injured party shall be 10
255	254		entitled to the same recovery as upon a summons against the constable. 11
256	255		12
257	256		16-19-303. Removal from office. 13
258	257		(a) If any constable fails to pay over any money collected by him 14
259	258		after demand is made, or fails to return any execution or other process 15
260	259		within the time specified in the process, or fails or neglects to perform any 16
261	260		other duty required by law, he shall be removed from office by the county 17
262	261		court on motion on charges exhibited against him. 18
263	262		(b) A copy of the charges, together with notice of the time of hearing 19
264	263		the charges, shall be served on the constable at least five (5) days before 20
265	264		the commencement of the term of the court at which the motion is made, which 21
266	265		may be served in the same manner as a summons, and by any person over the age 22
267	266		of twenty-one (21) years who would be a competent witness. 23
268	267		24
269	268		16-19-304. Failure to pay moneys collect ed — Responsibility of sureties 25
270	269		— Relief from liability. 26
271	270		(a) If any constable receives from any person any bonds, bills, notes, 27
272	271		or accounts for collection and gives his receipt therefor in his official 28
273	272		capacity, and fails to pay to that person on demand the amount he may have 29
274	273		collected, and fails to return the bonds, bills, notes, or accounts, if they 30
275	274		have not been collected, the constable and his securities shall be 31
276	275		responsible on his official bond for the amount of the bonds, bills, notes, 32
277	276		or accounts not paid over or returned. 33
278	277		(b) No constable shall be responsible for any bond, bill, or note for 34
279	278		which he may have given his receipts and on which suit may have been brought. 35
280	279		36 HB1287
281	280
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284	283
285	284		16-19-305. Continuance in office upon division of township. 1
286	285		If any township is divided, the constable in office at the time of the 2
287	286		division shall continue in office and be constable of the township in which 3
288	287		he resides. 4
289	288		5
290	289		16-19-306. Restriction on constables' authority to appoint deputies. 6
291	290		Constables in the various townships in t his state shall have no 7
292	291		authority to appoint deputies. 8
293	292		9
294	293		SECTION 10. Arkansas Code § 16-31-103(c), concerning deferment of jury 10
295	294		service for a member of the General Assembly, is amended to read as follows 11
296	295		to make stylistic changes: 12
297	296		(c) If a member of the General Assembly is summoned for service on a 13
298	297		petit or grand jury in circuit court within thirty (30) days preceding the 14
299	298		convening of the General Assembly or at any time during a regular session, 15
300	299		extraordinary session, or fiscal session, he or she is enti tled to a 16
301	300		deferment of that service until thirty (30) days after adjournment sine die 17
302	301		of the General Assembly. 18
303	302		19
304	303		SECTION 11. Arkansas Code § 16-84-117(b)-(c), concerning denial of bail 20
305	304		for certain arrested persons, is amended to read as follows to clarify 21
306	305		references: 22
307	306		(b) Unless waived by the court under subsection (c) of this section, a 23
308	307		person arrested for a violation of trafficking of persons, § 5 -18-103, 24
309	308		kidnapping, § 5-11-102, or false imprisonment in the first degree, § 5 -11-25
310	309		103, or an offense that in volves the taking of a minor or holding a minor 26
311	310		without consent, shall not be granted bail before the person agrees to the 27
312	311		following conditions imposed by the arraigning court: 28
313	312		(1) An ankle monitor or GPS -enabled tracking device; 29
314	313		(2) Restricted movem ent limited to the person's residence, 30
315	314		except in the case of a medical emergency; 31
316	315		(3) A restriction on internet access and access to electronic 32
317	316		media; 33
318	317		(4) An agreement by the defendant person to: 34
319	318		(A) A no contact order prohibiting direct or indir ect 35
320	319		contact with the victim or victims of the charged offense; 36 HB1287
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324	323
325	324		(B) Relinquish all firearms to a third party until the 1
326	325		expiration of the no contact order; and 2
327	326		(C) Refrain from using an illegal controlled substance; 3
328	327		(5) A cash bond or a secured bo nd requiring the defendant person 4
329	328		to put up at least fifty percent (50%) of the principal bond amount, at the 5
330	329		discretion of the court; 6
331	330		(6) Maintaining regular reporting requirements, at the 7
332	331		discretion of the court; and 8
333	332		(7) Obeying a curfew, at the co urt's discretion. 9
334	333		(c) The court may waive a condition under subsection (b) of this 10
335	334		section upon a showing that the waiver would not result in an increased risk 11
336	335		to the community or an increased risk of flight by the defendant person. 12
337	336		13
338	337		SECTION 12. Arkansas Code § 16-85-714(b)(1), concerning issuance of no 14
339	338		contact orders with respect to certain persons in custody, is amended to read 15
340	339		as follows to clarify a reference: 16
341	340		(b)(1) A court may issue a no contact order under this section in 17
342	341		addition to any other c ondition of release from custody that is imposed by 18
343	342		the court if: 19
344	343		(A) The person defendant is charged with one (1) or more of the 20
345	344		following offenses: 21
346	345		(i) Terroristic threatening, § 5 -13-301; 22
347	346		(ii) Trafficking of persons, § 5 -18-103; or 23
348	347		(iii) False imprisonment in the first degree, § 5 -11-103; 24
349	348		or 25
350	349		(B) It appears that there exists a danger that a defendant will: 26
351	350		(i) Commit a serious crime; 27
352	351		(ii) Seek to intimidate a witness; or 28
353	352		(iii) Otherwise unlawfully interfere with the orderly 29
354	353		administration of justice. 30
355	354		31
356	355		SECTION 13. Arkansas Code § 16-93-613(a), concerning eligibility for 32
357	356		parole for certain offenses, is amended to read as follows to clarify its 33
358	357		application and to make stylistic changes: 34
359	358		(a) Except for those persons a person subject to delayed release under 35
360	359		§ 5-4-405 and except for a drug offense addressed in § 16 -93-618 or a Class Y 36 HB1287
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363	362
364	363
365	364		felony addressed in § 5 -4-104(c)(2), § 16-93-614, or § 16-93-618, a person 1
366	365		who commits a Class Y felony, Class A felony, or Class B felony , except those 2
367	366		drug offenses addressed in § 16 -93-618 or those Class Y felonies addressed in 3
368	367		§ 5-4-104(c)(2), § 16-93-614, or § 16-93-618, and who shall be is convicted 4
369	368		and incarcerated for that the Class Y felony, Class A felony, or Class B 5
370	369		felony, shall be is eligible for release on parole as follows: 6
371	370		(1) An inmate under sentence of death or life imprisonment 7
372	371		without parole is not eligible for release on parole but may be pardoned or 8
373	372		have his or her sentence commuted by the Governor as provided by law; and 9
374	373		(2)(A) An inmate sentenced to life imprisonment is not eligible 10
375	374		for release on parole unless the sentence is commuted to a term of years by 11
376	375		executive clemency. 12
377	376		(B) Upon commutation, the inmate is eligible for release 13
378	377		on parole as provided in this su bchapter. 14
379	378		15
380	379		SECTION 14. Arkansas Code Title 16, Chapter 96, Subchapter 1, is 16
381	380		repealed because it is obsolete. 17
382	381		18
383	382		Subchapter 1 – City Courts 19
384	383		20
385	384		16-96-101. Procedure generally. 21
386	385		The proceedings in circuit courts for the trial of criminal cases, so 22
387	386		far as applicable, shall govern the proceedings of the city courts, except as 23
388	387		otherwise provided in this subchapter. 24
389	388		25
390	389		16-96-102. Applicability to judge acting as clerk. 26
391	390		Where a judge acts as the clerk of the court, the provisions of this 27
392	391		subchapter as to the clerk shall apply to him or her. 28
393	392		29
394	393		16-96-103. Terms of sessions. 30
395	394		The judge of the city court may, by orders entered on its minutes, fix 31
396	395		terms for its sessions, to which process shall be returnable, but may hold 32
397	396		the court at any time for the transaction of busi ness brought before him or 33
398	397		her. 34
399	398		35
400	399		16-96-104. Pleadings and indictments. 36 HB1287
401	400
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403	402
404	403
405	404		(a) No written information or pleadings are required in prosecutions 1
406	405		in which an indictment is not required. 2
407	406		(b) No indictment shall be necessary in prosecutions for violations of 3
408	407		the bylaws or ordinances of a city or town nor in other prosecutions in city 4
409	408		courts. 5
410	409		6
411	410		16-96-105. Summons. 7
412	411		(a) Upon information given by a peace officer, or by a private person 8
413	412		on oath, to the judge or clerk of a court that an offense within the 9
414	413		jurisdiction of the court has been committed, the judge or clerk shall issue 10
415	414		a summons against the offender. 11
416	415		(b)(1) The summons shall command the peace officer to whom it is 12
417	416		directed to summon the defendant, naming him or her, to appear in the court, 13
418	417		on a day to be named in the summons, to answer the charge made against him or 14
419	418		her of having committed an offense, naming or briefly describing it, and the 15
420	419		peace officer shall return the summons on a day to be named. 16
421	420		(2) It shall be signed by the judge or clerk and directed to the 17
422	421		peace officer of the town or city, but it may be executed by any peace 18
423	422		officer of the city or county. 19
424	423		(c) The summons shall be executed by the officer reading it to the 20
425	424		defendant or stating to him or her its contents; and, if required , the 21
426	425		officer shall show it to him or her. 22
427	426		23
428	427		16-96-106. Warrant of arrest. 24
429	428		Upon information on oath made to the judge of the court, he or she may 25
430	429		order a warrant of arrest to be issued, which shall be similar to the summons 26
431	430		except in the command to arres t the defendant instead of summon him or her. 27
432	431		28
433	432		16-96-107. Subpoenas. 29
434	433		The clerk shall issue subpoenas for witnesses at the request of the 30
435	434		officers of the city or of the defendant, and the court may compel their 31
436	435		attendance in the manner prescribed in the Code of Practice in Civil Cases. 32
437	436		33
438	437		16-96-108. Right to speedy trial or bail. 34
439	438		When a person has been arrested and brought before the city court, or 35
440	439		the judge thereof, charged with an offense within the jurisdiction of the 36 HB1287
441	440
442	441		12 01/26/2023 09:30:20 AM JLL009
443	442
444	443
445	444		court, he or she shall be immedia tely tried or, at the discretion of the 1
446	445		judge, held to bail for his or her future appearance for trial, or discharged 2
447	446		from custody. 3
448	447		4
449	448		16-96-109. Time of trial. 5
450	449		(a) All prosecutions in city courts shall stand for trial immediately, 6
451	450		where the defendant is in custody or on bail for the offense charged, or on 7
452	451		the day when the defendant has been summoned to appear, but only if the 8
453	452		summons was executed within the limits of the court's jurisdiction one (1) 9
454	453		day or, elsewhere, ten (10) days before the day on whic h he or she is warned 10
455	454		to appear. 11
456	455		(b) If not executed as provided in subsection (a) of this section, the 12
457	456		trial shall be postponed to a day to be fixed by the court. 13
458	457		14
459	458		16-96-110. Trial by judge or jury for violations of other than 15
460	459		ordinances. 16
461	460		The issues of law and of fact in cases for violations of other than 17
462	461		ordinances may be tried by the judge unless the defendant demands a trial by 18
463	462		jury, in which case the issues shall be tried by a jury of twelve (12) 19
464	463		persons unless the defendant shall consent to be tr ied by a lesser number. 20
465	464		21
466	465		16-96-111. [Repealed.] 22
467	466		23
468	467		16-96-112. Trials in city court. 24
469	468		All trials in the city court for violation of the bylaws or ordinances 25
470	469		of any city or incorporated town shall be before the judge without the 26
471	470		intervention of a jury, but the defendant, upon appeal, shall have the right 27
472	471		to a trial by jury in the circuit court. 28
473	472		29
474	473		16-96-113. Continuances. 30
475	474		The court may, for good cause, grant continuances or postponements of 31
476	475		the trial. 32
477	476		33
478	477		SECTION 15. Arkansas Code 16-96-503 is repealed becau se it is 34
479	478		obsolete. 35
480	479		16-96-503. Jurisdiction. 36 HB1287
481	480
482	481		13 01/26/2023 09:30:20 AM JLL009
483	482
484	483
485	484		The court shall have appellate jurisdiction over the judgments of city 1
486	485		courts in their respective counties without regard to the amount in 2
487	486		controversy. 3
488	487		4
489	488		SECTION 16. Arkansas Code § 16-102-102(g)-(h), concerning DWI/BWI 5
490	489		specialty courts, is amended to read as follows to clarify its application 6
491	490		and to make stylistic changes: 7
492	491		(g) Subject to § 5-65-108, probation and any other services ordered by 8
493	492		the DWI/BWI specialty court shall be ordered after the person ple ads guilty 9
494	493		or nolo contendere to violating driving or boating while intoxicated, § 5 -65-10
495	494		103. 11
496	495		(h) A DWI/BWI specialty court shall not reduce or dismiss a charge or 12
497	496		conviction of driving or boating while intoxicated, § 5-65-103, as provided 13
498	497		under § 5-65-107. 14
499	498		15
500	499		SECTION 17. Arkansas Code § 16-118-118(a), concerning definitions for 16
501	500		a civil action for vulnerable victims of sexual abuse, is amended to read as 17
502	501		follows to include respectful language pursuant to § 1 -2-124: 18
503	502		(a) As used in this section: 19
504	503		(1) “Disabled” “Disability” means that a person was determined 20
505	504		legally disabled to have a disability or determined medically disabled to 21
506	505		have a disability by a medical or mental health provider at the time of the 22
507	506		alleged wrongful conduct and was unable to give le gal consent; 23
508	507		(2) “Minor” means a person of under eighteen (18) years of age; 24
509	508		(3) “Sexual abuse” means the commission of one (1) or more of 25
510	509		the following acts or offenses: 26
511	510		(A) Rape, § 5-14-103; 27
512	511		(B) Sexual assault in the first degree, § 5 -14-124; 28
513	512		(C) Sexual assault in the second degree, § 5 -14-125; 29
514	513		(D) Engaging children in sexually explicit conduct for use 30
515	514		in a visual or print medium, § 5 -27-303; 31
516	515		(E) Transportation of minors for prohibited sexual 32
517	516		conduct, § 5-27-305; 33
518	517		(F) Use of children in sexual performances, § 5 -27-401 et 34
519	518		seq.; 35
520	519		(G) Unlawful sexual contact with a vulnerable victim; and 36 HB1287
521	520
522	521		14 01/26/2023 09:30:20 AM JLL009
523	522
524	523
525	524		(H) Unlawful sexually explicit conduct with a vulnerable 1
526	525		victim; 2
527	526		(4) “Sexual contact” means the same as defined in § 5 -14-101; 3
528	527		(5) “Sexually explicit conduct” means the same as defined in § 4
529	528		5-27-302; and 5
530	529		(6) “Vulnerable victim” means a person who was either disabled a 6
531	530		person with a disability , a minor, or both at the time he or she was a victim 7
532	531		of sexual abuse. 8
533	532		9
534	533		SECTION 18. Arkansas Code Title 14, Chapter 15, is amended to add an 10
535	534		additional subchapter that was repealed by Section 9 of this act and that 11
536	535		includes corrections to obsolete language and stylistic changes. 12
537	536		13
538	537		Subchapter 11 – Constables 14
539	538		15
540	539		14-15-1101. Peacekeeping duti es and authority — Neglect of duty. 16
541	540		(a) Each constable shall be a conservator of the peace in his or her 17
542	541		township and shall suppress all riots, affrays, fights, and unlawful 18
543	542		assemblies, and shall keep the peace and cause offenders to be arrested and 19
544	543		dealt with according to law. 20
545	544		(b) If any offense cognizable before a district court in his or her 21
546	545		township is committed in his or her presence, the constable shall immediately 22
547	546		arrest the offender and cause him or her to be dealt with according to law. 23
548	547		(c) Nothing in subsection (a) or subsection (b) of this section shall 24
549	548		be construed to deprive a constable of authority to serve warrants, summons, 25
550	549		writs, and other process as provided by law. 26
551	550		(d) Nothing in this section shall prevent the fresh pursuit by a 27
552	551		constable of a person suspected of having committed a supposed felony in his 28
553	552		or her township, though no felony has actually been committed, if there are 29
554	553		reasonable grounds for so believing. As used in this section, “fresh 30
555	554		pursuit” shall not necessarily impl y instant pursuit, but pursuit without 31
556	555		unreasonable delay. 32
557	556		(e) If it comes to the knowledge of any constable that an offense 33
558	557		mentioned in this section has been committed in his or her township, it shall 34
559	558		be the duty of the constable to present the offende r to a district court in 35
560	559		order that the offender may be arrested and brought to trial as prescribed by 36 HB1287
561	560
562	561		15 01/26/2023 09:30:20 AM JLL009
563	562
564	563
565	564		law. 1
566	565		(f) If a constable fails, refuses, or neglects to perform the duties 2
567	566		imposed upon him or her by this section, he or she shall be deemed guilty of 3
568	567		a violation, and upon conviction, by indictment in the circuit court, shall 4
569	568		be fined not less than five dollars ($5.00) nor more than one hundred dollars 5
570	569		($100). 6
571	570		7
572	571		14-15-1102. Proceedings against constables upon default. 8
573	572		(a) A district court shall, upon the demand of the party injured, or 9
574	573		his or her agent, issue a summons against a constable to whom any execution 10
575	574		has been delivered, or who has received any money upon any judgment of the 11
576	575		justice, whether with or without execution: 12
577	576		(1) If the constable f ails to make return of the execution 13
578	577		according to the command thereof; 14
579	578		(2) If he or she makes a false return; 15
580	579		(3) If he or she fails to have any money collected by him or her 16
581	580		on execution before the district court on the return day thereof, ready to be 17
582	581		paid over to the party entitled thereto, or the receipt of such person 18
583	582		therefor; or 19
584	583		(4) If he or she fails to pay over on demand to the person 20
585	584		entitled thereto, or his or her agent, any money received by him or her in 21
586	585		payment of any judgment. 22
587	586		(b) The summons shall require the constable to appear before the 23
588	587		district court at a place and time to be specified therein, not exceeding ten 24
589	588		(10) days, and show cause why an execution should not be issued against him 25
590	589		or her for the amount due upon the executi on placed in his or her hands, or 26
591	590		for the amount received by him or her upon the judgment, according to the 27
592	591		nature of the case. The summons shall be served at least four (4) days before 28
593	592		the return day thereof and may in other respects be executed in the sa me 29
594	593		manner as an original summons. 30
595	594		(c) If the constable fails to appear, or if he or she appears but 31
596	595		fails to show good cause in reply to the matters alleged against him or her, 32
597	596		the district court shall render judgment against him or her for the amount 33
598	597		due on the execution, or for the amount received by him or her without 34
599	598		execution, according to the nature of the case, together with interest 35
600	599		thereon, at the rate of one hundred percent (100%) per annum, from the time 36 HB1287
601	600
602	601		16 01/26/2023 09:30:20 AM JLL009
603	602
604	603
605	604		the execution ought to have been returne d, and from the time the money ought 1
606	605		to have been had before the district court ready to be paid over to the 2
607	606		parties entitled thereto, or from the time the money was received on the 3
608	607		judgment without execution, or was demanded by the party or his or her age nt. 4
609	608		(d) Any process issued against any constable shall be served and 5
610	609		executed by a special deputy, who shall be appointed by the district court 6
611	610		for that purpose and who shall have the same power to execute and return such 7
612	611		process as a constable, and whos e return shall be sworn to. 8
613	612		(e) Upon a judgment against a constable pursuant to this section, 9
614	613		there shall be no stay of execution, but an appeal may be had as in other 10
615	614		cases and with like effect. 11
616	615		(f) The party injured may proceed against the constable as provided in 12
617	616		this section or may institute a suit against him or her on his or her 13
618	617		official bond. When proceeding on the constable's official bond, the injured 14
619	618		party shall be entitled to the same recovery as upon a summons against the 15
620	619		constable. 16
621	620		17
622	621		14-15-1103. Removal from office. 18
623	622		(a) If any constable fails to pay over any money collected by him or 19
624	623		her after demand is made, or fails to return any execution or other process 20
625	624		within the time specified in the process, or fails or neglects to perform a ny 21
626	625		other duty required by law, he or she shall be removed from office by the 22
627	626		county court on motion on charges exhibited against him or her. 23
628	627		(b) A copy of the charges, together with notice of the time of hearing 24
629	628		the charges, shall be served on the consta ble at least five (5) days before 25
630	629		the commencement of the term of the county court at which the motion is made, 26
631	630		which may be served in the same manner as a summons, and by any person over 27
632	631		the age of twenty-one (21) years who would be a competent witness. 28
633	632		29
634	633		14-15-1104. Failure to pay moneys collected — Responsibility of 30
635	634		sureties — Relief from liability. 31
636	635		(a) If any constable receives from any person any bonds, bills, notes, 32
637	636		or accounts for collection and gives his or her receipt therefor in his or 33
638	637		her official capacity, and fails to pay to that person on demand the amount 34
639	638		he or she may have collected, and fails to return the bonds, bills, notes, or 35
640	639		accounts, if they have not been collected, the constable and his or her 36 HB1287
641	640
642	641		17 01/26/2023 09:30:20 AM JLL009
643	642
644	643
645	644		securities shall be responsible on hi s or her official bond for the amount of 1
646	645		the bonds, bills, notes, or accounts not paid over or returned. 2
647	646		(b) No constable shall be responsible for any bond, bill, or note for 3
648	647		which he or she may have given his or her receipts and on which suit may have 4
649	648		been brought. 5
650	649		6
651	650		14-15-1105. Continuance in office upon division of township. 7
652	651		If any township is divided, the constable in office at the time of the 8
653	652		division shall continue in office and be constable of the township in which 9
654	653		he or she resides. 10
655	654		11
656	655		14-15-1106. Restriction on constables' authority to appoint deputies. 12
657	656		Constables in the various townships in this state shall have no 13
658	657		authority to appoint deputies. 14
659	658		15
660	659		SECTION 19. DO NOT CODIFY. CONSTRUCTION AND LEGISLATIVE INTENT. 16
661	660		It is the intent of the Gener al Assembly that: 17
662	661		(1) The enactment and adoption of this act shall not expressly 18
663	662		or impliedly repeal an act passed during the regular session of the Ninety -19
664	663		Fourth General Assembly; 20
665	664		(2) To the extent that a conflict exists between an act of the 21
666	665		regular session of the Ninety -Fourth General Assembly and this act: 22
667	666		(A) The act of the regular session of the Ninety -Fourth 23
668	667		General Assembly shall be treated as a subsequent act passed by the General 24
669	668		Assembly for the purposes of: 25
670	669		(i) Giving the act of the regular session of the 26
671	670		Ninety-Fourth General Assembly its full force and effect; and 27
672	671		(ii) Amending or repealing the appropriate parts of 28
673	672		the Arkansas Code of 1987; and 29
674	673		(B) Section 1-2-107 shall not apply; and 30
675	674		(3) This act shall make only tec hnical, not substantive, changes 31
676	675		to the Arkansas Code of 1987. 32
677	676		33
678	677		34
679		-	~~APPROVED: 3/2/23~~ 35
	678	+	35
680	679		36