Stricken language would be deleted from and underlined language would be added to present law.
Act 275 of the Regular Session
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State of Arkansas 1
95th General Assembly A Bill 2
Regular Session, 2025 SENATE BILL 244 3
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By: Senator J. Bryant 5
By: Representative Unger 6
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For An Act To Be Entitled 8
AN ACT CONCERNING POSTPONEMENT OF JUDGMENT IN 9
DISTRICT COURT; TO PERMIT A SUSPENDED IMPOSITION OF 10
SENTENCE IN CERTAIN DISTRICT COURT CASES; AND FOR 11
OTHER PURPOSES. 12
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Subtitle 15
CONCERNING POSTPONEMENT OF JUDGMENT IN 16
DISTRICT COURT; AND TO PERMIT A 17
SUSPENDED IMPOSITION OF SENTENCE IN 18
CERTAIN DISTRICT COURT CASES. 19
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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 21
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SECTION 1. Arkansas Code § 5 -4-321 is amended to read as follows: 23
5-4-321. Judgment in certain misdemeanor traffic district court cases — 24
Postponement. 25
(a) In a misdemeanor traffic case, other than a case involving driving 26
under the influence of alcohol or a drug, a judge within the criminal or 27
traffic division of a district court, the district court may postpone a 28
judgment for not more than one (1) year, and during the one (1) year period a 29
defendant: 30
(1) Is in a probation status, supervised or unsupervised; and 31
(2) Is in compliance with other orders of the court; and 32
(3) Remains in a probation status until a final judgment of 33
conviction is entered or the case is dismissed . 34
(b)(1) If a defendant enters a conditional plea of guilty under this 35
section, the district court may allow the defendant to withdraw his or her 36 SB244
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conditional plea of guilty and dismiss the case upon completion of the 1
probationary term and satisfaction of other orders of the district court. 2
(2) The district court may immediately enter a final judgment of 3
conviction upon finding that a defendant violated the conditions of probation 4
or other orders of the court. 5
(c) The following defendants are not eligible for a postponement of 6
judgment under this section: 7
(1) A defendant who was a holder of a commercial driver's 8
license or commercial learner's permit at the time of the offense, unless the 9
offense was a parking violation, vehicle weight violation, or vehicle defect 10
violation; 11
(2) A defendant who is charged with driving under the influence 12
of alcohol or other intoxicating substance; and 13
(3) A defendant who is charged with an offense for which 14
probation or postponement of judgment is otherwise prohibited by law. 15
(d) Restitution, fines, fees, or court costs assessed and collected 16
under this section shall be distributed in the same manner as if a judgment 17
of conviction was entered. 18
(e) A district court is not required to report the disposition of a 19
case under this section until either a final judgment of conviction is 20
entered or the case is dismissed. 21
(f) At the request of a defendant, parent of a minor defendant, or 22
counsel for a defendant, judgment shall be entered as quickly as feasible and 23
not more than ten (10) days following the request. 24
(g) At the request of a defendant, parent of a minor defendant, or 25
counsel for a defendant, probation may be continued and judgment postponed 26
for more than one (1) year. 27
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APPROVED: 3/12/25 30
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