Arkansas 2023 Regular Session

Arkansas Senate Bill SB442

Introduced
3/16/23  
Refer
3/16/23  

Caption

To Ensure That Any Court Costs And Fees Paid By A Defendant In A Criminal Case Shall Be Refunded To Him Or Her If Found Not Guilty Or Acquitted.

Impact

If enacted, SB442 would significantly alter the dynamics of how court costs are handled following a not guilty verdict or acquittal. Currently, defendants may incur substantial costs during the judicial process, which, in most instances, are not returned despite an eventual exoneration. This bill seeks to rectify that, ultimately upholding the principle that individuals should not bear the financial burden of costs arising from charges of which they have been cleared.

Summary

Senate Bill 442 aims to amend Arkansas law by ensuring that any court costs and fees paid by a defendant in a criminal case must be refunded if the defendant is found not guilty or acquitted. This legislative proposal explicitly defines what constitutes court costs and fees, including any payments made to governmental entities or designated third parties. The bill proposes that refunds apply only to those costs associated directly with the charges for which the individual was found not guilty or acquitted.

Conclusion

Overall, SB442 represents a progressive step towards reforming the criminal justice system in Arkansas. By addressing the issues around refunding court costs, it could enhance the rights of defendants while prompting discussions on the broader impacts on state operations and judicial integrity.

Contention

Notably, there could be contention surrounding the implications of this bill on the court system's funding and the potential for increased administrative burdens in processing refunds. Critics might argue that while the bill promotes fairness for defendants, it could also strain judicial resources and create complications in accounting for refunds. Furthermore, a discussion may arise regarding how quickly these refunds are processed, and the impact on the state’s financial obligations.

Companion Bills

No companion bills found.

Previously Filed As

AR SR10

To Authorize The Introduction Of A Nonappropriation Bill To Amend The Uniform Classification And Compensation Act.

AR HR1013

To Authorize The Introduction Of A Nonappropriation Bill To Amend The Uniform Classification And Compensation Act.

AR SB77

To Amend The Uniform Classification And Compensation Act; And To Declare An Emergency.

AR HB1065

An Act For The Department Of Finance And Administration - Disbursing Officer Appropriation For The 2024-2025 Fiscal Year.

AR SR17

To Authorize The Introduction Of A Nonappropriation Bill To Amend The Arkansas Data Centers Acts Of 2023, To Regulate Digital Asset Mining Businesses And Businesses Utilizing A Blockchain Network, And To Declare An Emergency.

AR HR1020

To Authorize The Introduction Of A Nonappropriation Bill To Amend The Arkansas Data Centers Acts Of 2023, To Regulate Digital Asset Mining Businesses And Businesses Utilizing A Blockchain Network, And To Declare An Emergency.

AR SB28

An Act For The Administrative Office Of The Courts Appropriation For The 2024-2025 Fiscal Year.

AR SB41

An Act For The Arkansas Minority Health Initiative Of The Department Of Health - Arkansas Minority Health Commission Appropriation For The 2024-2025 Fiscal Year.

AR SB79

To Amend The Arkansas Data Centers Act Of 2023; To Provide For The Regulation Of Digital Asset Mining Businesses; And To Declare An Emergency.

AR SB78

To Amend The Arkansas Data Centers Act Of 2023; To Prohibit Foreign-party-controlled Ownership Of A Digital Asset Mining Business; And To Declare An Emergency.

Similar Bills

No similar bills found.