Arkansas 2023 Regular Session

Arkansas House Bill HB1414 Compare Versions

Only one version of the bill is available at this time.

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1	1	Stricken language would be deleted from and underlined language would be added to present law.
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4	4	State of Arkansas 1
5	5	94th General Assembly A Bill 2
6	6	Regular Session, 2023 HOUSE BILL 1414 3
7	7	4
8	8	By: Representative Lundstrum 5
9	9	By: Senator Irvin 6
10	10	7
11	11	For An Act To Be Entitled 8
12	12	AN ACT TO AMEND ARKA NSAS LAW CONCERNING THE 9
13	13	ESTABLISHMENT OF A S TATEWIDE INTEGRATED SYSTEM FOR 10
14	14	THE ASSESSMENT AND C OLLECTION OF FINES, PENALTIES, 11
15	15	FEES, COSTS, AND RES TITUTION; AND FOR OT HER PURPOSES. 12
16	16	13
17	17	14
18	18	Subtitle 15
19	19	TO AMEND ARKANSAS LAW CONCERNING THE 16
20	20	ESTABLISHMENT OF A STATEWIDE INTEGRATED 17
21	21	SYSTEM FOR THE ASSESSMENT AND COLLECTION 18
22	22	OF FINES, PENALTIES, FEES, COSTS, AND 19
23	23	RESTITUTION. 20
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26	26	BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 23
27	27	24
28	28	SECTION 1. DO NOT CODIFY. LEGISLATIVE FINDINGS. (a) The General 25
29	29	Assembly finds that: 26
30	30	(1) There is not a statewide integrated system through which all 27
31	31	circuit and district courts may participate to manage the assessment and 28
32	32	collection of fines, pen alties, fees, costs, and restitution owed by 29
33	33	defendants; and 30
34	34	(2) The lack of a statewide integrated system results in: 31
35	35	(A) Fines, penalties, fees, costs, and restitution going 32
36	36	unpaid or being paid but not reported in multiple jurisdictions; and 33
37	37	(B) Defendants being rearrested for nonpayment of fines, 34
38	38	penalties, fees, costs, and restitution that have been paid but the payments 35
39	39	are not visible in other jurisdictions. 36 HB1414
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44	44	(b) The intent of this act is to establish a statewide integrated 1
45	45	system to be used by all circuit courts, district courts, court clerks, law 2
46	46	enforcement agencies and officials, and defendants for the assessment and 3
47	47	collection of fines, penalties, fees, costs, and restitution and the 4
48	48	management and reporting of revenue from fine s, penalties, fees, costs, and 5
49	49	restitution. 6
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51	51	SECTION 2. Arkansas Code § 16 -13-710 is amended to read as follows: 8
52	52	16-13-710. Automated collection procedures — Statewide integrated 9
53	53	system for assessment and collection of fines, penalties, fees, costs, a nd 10
54	54	restitution. 11
55	55	(a) The Administrative Office of the Courts shall develop a statewide 12
56	56	integrated system to be used by all circuit courts, district courts, court 13
57	57	clerks, law enforcement agencies and officials, and defendants for the 14
58	58	assessment and collect ion of fines, penalties, fees, costs, and restitution 15
59	59	and the management and reporting of revenue from fines, penalties, fees, 16
60	60	costs, and restitution. 17
61	61	(b) The system under subsection (a) of this section shall be available 18
62	62	to: 19
63	63	(1) Law enforcement ag encies and officials; 20
64	64	(2) Circuit courts; 21
65	65	(3) District courts; 22
66	66	(4) Court clerks; 23
67	67	(5) Defendants; 24
68	68	(6) Victims; and 25
69	69	(7) The public. 26
70	70	(c) The system under subsection (a) of this section shall allow for 27
71	71	without limitation: 28
72	72	(1) Alerts to appropriate law enforcement officials, probation 29
73	73	or parole officers, and courts when a defendant's failure to pay fines, 30
74	74	penalties, fees, costs, or restitution reaches a predetermined sum; 31
75	75	(2) Online payments of fines, penalties, fees, costs, and 32
76	76	restitution from a computer or mobile device; 33
77	77	(3) The creation of a receipt or other certification of 34
78	78	completion upon making a payment in the system; 35
79	79	(4) The garnishment of wages when mandated by a court until all 36 HB1414
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84	84	fines, penalties, fees, costs, and restitution are paid if the defendant 1
85	85	agrees to garnishment at the time of sentencing; and 2
86	86	(5)(A) The collection of the proceeds payable to a defendant 3
87	87	from: 4
88	88	(i) State income tax refunds; 5
89	89	(ii) Legal settlements or favorable verdicts; 6
90	90	(iii) Lottery winnings; and 7
91	91	(iv) Any moneys or property forfeited by the state. 8
92	92	(B) Proceeds collected under subdivision (c)(5) of this 9
93	93	section shall be applied first to restitution that is due and, when 10
94	94	restitution has been satisfied, then to fines, penalties, fees, and costs 11
95	95	that are due. 12
96	96	(d) The Administrative Office of the Courts shall have the 13
97	97	responsibility to assist circuit courts and district courts in the assessment 14
98	98	and collection of fines , penalties, fees, costs, and restitution and the 15
99	99	management and reporting of fine revenue from fines, penalties, fees, costs, 16
100	100	and restitution. 17
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