| 3 | 2 | | *CEB158* 02/17/2025 9:35:18 AM CEB158 |
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| 4 | 3 | | State of Arkansas 1 |
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| 5 | 4 | | 95th General Assembly A Bill 2 |
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| 6 | 5 | | Regular Session, 2025 SENATE BILL 244 3 |
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| 7 | 6 | | 4 |
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| 8 | 7 | | By: Senator J. Bryant 5 |
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| 9 | 8 | | By: Representative Unger 6 |
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| 10 | 9 | | 7 |
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| 11 | 10 | | For An Act To Be Entitled 8 |
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| 12 | 11 | | AN ACT CONCERNING POSTPONEMENT OF JUDGMENT IN 9 |
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| 13 | 12 | | DISTRICT COURT; TO PERMIT A SUSPENDED IMPOSITION OF 10 |
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| 14 | 13 | | SENTENCE IN CERTAIN DISTRICT COURT CASES; AND FOR 11 |
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| 15 | 14 | | OTHER PURPOSES. 12 |
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| 16 | 15 | | 13 |
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| 17 | 16 | | 14 |
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| 18 | 17 | | Subtitle 15 |
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| 19 | 18 | | CONCERNING POSTPONEMENT OF JUDGMENT IN 16 |
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| 20 | 19 | | DISTRICT COURT; AND TO PERMIT A 17 |
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| 21 | 20 | | SUSPENDED IMPOSITION OF SENTENCE IN 18 |
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| 22 | 21 | | CERTAIN DISTRICT COURT CASES. 19 |
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| 23 | 22 | | 20 |
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| 24 | 23 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 21 |
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| 25 | 24 | | 22 |
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| 26 | 25 | | SECTION 1. Arkansas Code § 5 -4-321 is amended to read as follows: 23 |
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| 27 | 26 | | 5-4-321. Judgment in certain misdemeanor traffic district court cases — 24 |
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| 28 | 27 | | Postponement. 25 |
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| 29 | 28 | | (a) In a misdemeanor traffic case, other than a case involving driving 26 |
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| 30 | 29 | | under the influence of alcohol or a drug, a judge within the criminal or 27 |
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| 31 | 30 | | traffic division of a district court, the district court may postpone a 28 |
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| 32 | 31 | | judgment for not more than one (1) year, and during the one (1) year period a 29 |
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| 33 | 32 | | defendant: 30 |
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| 34 | 33 | | (1) Is in a probation status, supervised or unsupervised; and 31 |
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| 35 | 34 | | (2) Is in compliance with other orders of the court; and 32 |
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| 36 | 35 | | (3) Remains in a probation status until a final judgment of 33 |
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| 37 | 36 | | conviction is entered or the case is dismissed . 34 |
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| 38 | 37 | | (b)(1) If a defendant enters a conditional plea of guilty under this 35 |
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| 39 | 38 | | section, the district court may allow the defendant to withdraw his or her 36 SB244 |
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| 40 | 39 | | |
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| 41 | 40 | | 2 02/17/2025 9:35:18 AM CEB158 |
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| 42 | 41 | | conditional plea of guilty and dismiss the case upon completion of the 1 |
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| 43 | 42 | | probationary term and satisfaction of other orders of the district court. 2 |
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| 44 | 43 | | (2) The district court may immediately enter a final judgment of 3 |
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| 45 | 44 | | conviction upon finding that a defendant violated the conditions of probation 4 |
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| 46 | 45 | | or other orders of the court. 5 |
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| 47 | 46 | | (c) The following defendants are not eligible for a postponement of 6 |
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| 48 | 47 | | judgment under this section: 7 |
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| 49 | 48 | | (1) A defendant who was a holder of a commercial driver's 8 |
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| 50 | 49 | | license or commercial learner's permit at the time of the offense, unless the 9 |
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| 51 | 50 | | offense was a parking violation, vehicle weight violation, or vehicle defect 10 |
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| 52 | 51 | | violation; 11 |
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| 53 | 52 | | (2) A defendant who is charged with driving under the influence 12 |
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| 54 | 53 | | of alcohol or other intoxicating substance; and 13 |
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| 55 | 54 | | (3) A defendant who is charged with an offense for which 14 |
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| 56 | 55 | | probation or postponement of judgment is otherwise prohibited by law. 15 |
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| 57 | 56 | | (d) Restitution, fines, fees, or court costs assessed and collected 16 |
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| 58 | 57 | | under this section shall be distributed in the same manner as if a judgment 17 |
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| 59 | 58 | | of conviction was entered. 18 |
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| 60 | 59 | | (e) A district court is not required to report the disposition of a 19 |
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| 61 | 60 | | case under this section until either a final judgment of conviction is 20 |
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| 62 | 61 | | entered or the case is dismissed. 21 |
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| 63 | 62 | | (f) At the request of a defendant, parent of a minor defendant, or 22 |
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| 64 | 63 | | counsel for a defendant, judgment shall be entered as quickly as feasible and 23 |
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| 65 | 64 | | not more than ten (10) days following the request. 24 |
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| 66 | 65 | | (g) At the request of a defendant, parent of a minor defendant, or 25 |
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| 67 | 66 | | counsel for a defendant, probation may be continued and judgment postponed 26 |
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| 68 | 67 | | for more than one (1) year. 27 |
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| 69 | 68 | | 28 |
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| 70 | 69 | | 29 |
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