Arkansas 2025 Regular Session

Arkansas Senate Bill SB631 Compare Versions

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

Old	New	Differences
1	1	Stricken language would be deleted from and underlined language would be added to present law.
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3	3	State of Arkansas 1
4	4	95th General Assembly A Bill 2
5	5	Regular Session, 2025 SENATE BILL 631 3
6	6	4
7	7	By: Senator B. Davis 5
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9	9	7
10	10	For An Act To Be Entitled 8
11	11	AN ACT TO AMEND ARKANSAS LAW CONCERNING HEARINGS ON 9
12	12	THE REVOCATION OF PROBATION OR SUSPENSION; AND FOR 10
13	13	OTHER PURPOSES. 11
14	14	12
15	15	13
16	16	Subtitle 14
17	17	TO AMEND ARKANSAS LAW CONCERNING 15
18	18	HEARINGS ON THE REVOCATION OF PROBATION 16
19	19	OR SUSPENSION. 17
20	20	18
21	21	BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 19
22	22	20
23	23	SECTION 1. Arkansas Code § 16 -93-307 is amended to read as follows: 21
24	24	16-93-307. Probation generally — Revocation hearings. 22
25	25	(a)(1) A defendant arrested for violation of suspension or probation 23
26	26	is entitled to a preliminary hearing to determine whether there is reasonable 24
27	27	cause to believe that he or she has violated a condition of suspension or 25
28	28	probation. 26
29	29	(2) The Except as provided in subsection (e) of this section, 27
30	30	the preliminary hearing shall be conducted by a court having original 28
31	31	jurisdiction to try a criminal matter as soon as practicable after arrest and 29
32	32	reasonably near the place of the alleged violation or arrest. 30
33	33	(3) The defendant shall be given prior notice of the: 31
34	34	(A) Time and place of the preliminary hearing; 32
35	35	(B) Purpose of the preliminary hearing; and 33
36	36	(C) Condition of suspension or probation the defendant is 34
37	37	alleged to have violated. 35
38	38	(4) Except as provided in subsection (c) of this section, the 36 SB631
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41	41	defendant has the right to hear and controvert evidence against him or her 1
42	42	and to offer evidence in his or her own behalf. 2
43	43	(5)(A) If the court conducting the preliminary hearing finds 3
44	44	that there is reasonable cause to believe that the defendant has violated a 4
45	45	condition of suspension or probation, it may order the defendant to be 5
46	46	detained or it may return the defendant to supervision and may consider 6
47	47	imposing one (1) or more intermediate sanctions in the sanctioning grid 7
48	48	pending further revocation proceedings before the court that originally 8
49	49	suspended imposition of sentence on the defendant or placed him or her on 9
50	50	probation. 10
51	51	(B)(i) If the court conducting the preliminary hearing 11
52	52	does not find reasonable cause, it shall order the defendant released from 12
53	53	custody. 13
54	54	(ii) However, a release under subdivision 14
55	55	(a)(5)(B)(i) of this section does not bar the court that suspended imposition 15
56	56	of sentence on the defendant or placed him or her on probation from holding a 16
57	57	hearing on the alleged violation of suspension or probation or from ordering 17
58	58	that the defendant appear before it. 18
59	59	(6) The court conducting the preliminary hearing shall prepare 19
60	60	and furnish to the court that suspended imposition of sentence on the 20
61	61	defendant or placed him or her on probation a summary of the preliminary 21
62	62	hearing, including the responses of the defendant and the substance of the 22
63	63	documents and evidence given in support of revocation. 23
64	64	(b)(1) A suspension or probation shall not be revoked except after a 24
65	65	revocation hearing. 25
66	66	(2) The Except as provided in subsection (e) of this section, 26
67	67	the revocation hearing shall be conducted by the court that suspended 27
68	68	imposition of sentence on the defendant or placed him or her on probation 28
69	69	within a reasonable period of time after the defendant's arrest, not to 29
70	70	exceed sixty (60) days. 30
71	71	(3) The defendant shall be given prior written notice of the: 31
72	72	(A) Time and place of the revocation hearing; 32
73	73	(B) Purpose of the revocation hearing; and 33
74	74	(C) Condition of suspension or probation the defendant is 34
75	75	alleged to have violated. 35
76	76	(4) Except as provided in subsection (c) of this section, the 36 SB631
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79	79	defendant has the right to: 1
80	80	(A) Hear and controvert evidence against him or her; 2
81	81	(B) Offer evidence in his or her own defense; and 3
82	82	(C) Be represented by counsel. 4
83	83	(5) If suspension or probation is revoked, the court shall 5
84	84	prepare and furnish to the defendant a written statement of the evidence 6
85	85	relied on and the reasons for revoking suspension or probation. 7
86	86	(c) At a preliminary hearing pursuant to subsection (a) of this 8
87	87	section or a revocation hearing pursuant to subsection (b) of this section: 9
88	88	(1) The defendant has the right to counsel and to confront and 10
89	89	cross-examine an adverse witness unless the court specifically finds good 11
90	90	cause for not allowing confrontation; and 12
91	91	(2) The court may permit the introduction of any relevant 13
92	92	evidence of the alleged violation, including a letter, affidavit, and other 14
93	93	documentary evidence, regardless of its admissibility under the rules 15
94	94	governing the admission of evidence in a criminal trial. 16
95	95	(d) A preliminary hearing pursuant to subsection (a) of this section 17
96	96	is not required if: 18
97	97	(1) The defendant waives the preliminary hearing; 19
98	98	(2) The revocation is based on the defendant's commission of an 20
99	99	offense for which he or she has been tried and found guilty in an independent 21
100	100	criminal proceeding; or 22
101	101	(3) The revocation hearing pursuant to subsection (b) of this 23
102	102	section is held promptly after the arrest and in the judicial district where 24
103	103	the alleged violation occurred or where the defendant was arrested. 25
104	104	(e) If a defendant on probation or a suspended imposition of sentence 26
105	105	is subsequently arrested and charged with a felony that constitutes a felony 27
106	106	involving violence under § 5 -4-501(d)(2) and the felony offense is filed in a 28
107	107	county or judicial district other than the county or judicial district where 29
108	108	the defendant is on probation or suspended imposition of sentence, the 30
109	109	proceedings under this section may be brought in the county where the 31
110	110	defendant was arrested and charged with a felony that constitutes a felony 32
111	111	involving violence under § 5 -4-501(d)(2) if the court which placed the 33
112	112	defendant on probation or suspended imposition of sentence files a written 34
113	113	consent agreeing to the proceedings under this section being brought in the 35
114	114	county where the defendant was arrested and charged with a felony that 36 SB631
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117	117	constitutes a felony involving violence under § 5 -4-501(d)(2). 1
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