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12-41-209. Service of process.
Arkansas Code — all titles (historical 2020) · legal_authorities
12-41-209. Service of process.
(a)(1) A person who is summoned to appear in the justice center under Arkansas law:
(A) Is constructively present in Arkansas while that person is appearing under the summons in the part of the center in the other state;
(B) Without extradition, may be arrested in any part of the center for an offense against Arkansas law and prosecuted for that offense if that person is physically present in any part of the center or in Arkansas at the time of the prosecution; and
(C) May be personally served with process in any part of the center for a proceeding in Arkansas.
(2) A person who is summoned to appear in the center under the law of the other state:
(A) Is constructively present in the other state while that person is appearing under the summons in the part of the center in Arkansas;
(B) Without extradition, may not be arrested under Arkansas law in any part of the center for an offense against Arkansas law; and
(C) May not be personally served with process in any part of the center for a proceeding in Arkansas.
(b)(1) Arkansas agrees that a person who is summoned to appear in the center under the law of the other state may be arrested in any part of the center for an offense against the law of the other state and prosecuted for that offense without extradition if that person is physically present in any part of the center or the other state at the time of the prosecution.
(2) Arkansas agrees that a person who is summoned to appear in the center under the law of the other state may be personally served with process in any part of the center for a proceeding in the other state.
(c)(1) If a person in the center is constructively present in one (1) state under this section, the law of the state in which the person is not co
Source: Arkansas Code — historical release 78 (November 6, 2020) · 12-41-209
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Record provenance
Stable record: arkansas_code:legal_authorities:12-41-209
Source file: gov.ar.code.title.12.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 24cb9d437775f634152aade45f7327beced2a198ac8847a5f087ffc0ea3180b1
Source location: content.xml paragraph 14827
Stored source content
12-41-209. Service of process.
(a)(1) A person who is summoned to appear in the justice center under Arkansas law:
(A) Is constructively present in Arkansas while that person is appearing under the summons in the part of the center in the other state;
(B) Without extradition, may be arrested in any part of the center for an offense against Arkansas law and prosecuted for that offense if that person is physically present in any part of the center or in Arkansas at the time of the prosecution; and
(C) May be personally served with process in any part of the center for a proceeding in Arkansas.
(2) A person who is summoned to appear in the center under the law of the other state:
(A) Is constructively present in the other state while that person is appearing under the summons in the part of the center in Arkansas;
(B) Without extradition, may not be arrested under Arkansas law in any part of the center for an offense against Arkansas law; and
(C) May not be personally served with process in any part of the center for a proceeding in Arkansas.
(b)(1) Arkansas agrees that a person who is summoned to appear in the center under the law of the other state may be arrested in any part of the center for an offense against the law of the other state and prosecuted for that offense without extradition if that person is physically present in any part of the center or the other state at the time of the prosecution.
(2) Arkansas agrees that a person who is summoned to appear in the center under the law of the other state may be personally served with process in any part of the center for a proceeding in the other state.
(c)(1) If a person in the center is constructively present in one (1) state under this section, the law of the state in which the person is not constructively present may be applied to that person only to the extent that such law would apply if the person were actually outside that state.
(2) However, the law applicable to that person's conduct in the center is governed by § 12-41-206, and whether extradition is required to arrest or prosecute that person for an offense committed in the center is governed by this section.
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Arkansas Code — all titles (historical 2020) · legal_authorities
12-41-206. Determination of applicable law.
(a)(1) Except as otherwise provided by this subchapter, the law of both states regarding rights, duties, liabilities, privileges, and immunities arising from conduct applies to conduct in any part of the justice center.
(2) If, however, it is impossible for a person to conform his or her conduct in the center to the law of both states, that person may choose which state's law governs that conduct.
(3) If a person chooses to conform his or her conduct in the center to the law of the other state, the conflicting law of this state does not apply to that conduct.
(b) The physical plant of the center and equipment and facilities used by personnel of both states employed at the center are constructively present in both states.
(c) Except as provided by subsection (d) of this section, property in any part of the center that is owned by or in the possession of a person in custody or summoned to appear in the center is constructively present in the state under the law of which the person was taken into custody or summoned to appear.
(d)(1) Possession of property that constitutes an offense committed in the center is conduct to which subsection (a) of this section applies.
(2) A person's exercise of a duty in regard to property in the center is conduct to which subsection (a) of this section applies.
(e) Property that is ordered by a court to be produced in the center or that is in the possession of a peace officer or a party to a proceeding for use as evidence before a court holding a proceeding in the center is constructively present in the state of the court.
(f) Property in the center that is not covered by subsection (c), subsection (d), or subsection (e) of this section is constructively present in both states.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 12-41-206
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 12-41-206. This identifies an authority to review, not proof of applicability.