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16-21-148. Deputy prosecutor for civil asset forfeiture actions.
Arkansas Code — all titles (historical 2020) · legal_authorities
16-21-148. Deputy prosecutor for civil asset forfeiture actions.
(a) In addition to the deputy prosecuting attorney positions created by § 16-21-113(a)(1) and other Arkansas Code provisions and laws, a prosecuting attorney shall have the power to enter into a contract for personal services with a licensed attorney whose duty it will be to act as a deputy prosecutor to prosecute civil asset forfeiture actions at such hourly amount as is deemed proper by the prosecuting attorney.
(b) This attorney may be paid from funds generated from § 5-64-505(i)(2).
Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-21-148
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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Stable record: arkansas_code:legal_authorities:16-21-148
Source file: gov.ar.code.title.16.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 290d4c3c599971c7426f8e39cfc8557d229267a05f70a6244b93028a0f4d61ff
Source location: content.xml paragraph 12909
Stored source content
16-21-148. Deputy prosecutor for civil asset forfeiture actions.
(a) In addition to the deputy prosecuting attorney positions created by § 16-21-113(a)(1) and other Arkansas Code provisions and laws, a prosecuting attorney shall have the power to enter into a contract for personal services with a licensed attorney whose duty it will be to act as a deputy prosecutor to prosecute civil asset forfeiture actions at such hourly amount as is deemed proper by the prosecuting attorney.
(b) This attorney may be paid from funds generated from § 5-64-505(i)(2).
Cross-references
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Arkansas Code — all titles (historical 2020) · legal_authorities
16-21-113. Deputies.
(a)(1) The prosecuting attorneys of the several judicial districts of this state may appoint one (1) deputy in each of the several counties composing their districts. In counties having two (2) judicial districts, a deputy may be appointed for each district.
(2) The appointment shall not take effect until approved, in writing, by the judge of the circuit court of the district. The approval shall be filed in the office of the clerk of the circuit court of the county for which such deputy is appointed.
(b) In judicial districts which contain a county which has two (2) levying courts or in those judicial districts where the prosecuting attorney and the circuit judge concur in the necessity therefor, the prosecuting attorney of the judicial districts may appoint one (1) or more deputies whose jurisdiction shall be the same as that of the prosecuting attorney.
(c)(1) The deputy prosecuting attorney provided for in this section shall have authority to file an information with any justice of the peace, municipal court judge, or the circuit court of his judicial district, in the name of the prosecutor charging any person with the commission of any offense against the laws of this state.
(2) Upon the filing of the information, it shall be the duty of such justice of the peace or municipal court judge, or the clerk of the circuit court, to issue a warrant for the arrest of the offender. In such a case, no bond for cost of prosecution shall be required.
(d) When any person shall have been arrested under a warrant issued in accordance with the provisions of this section, it shall be the duty of the deputy prosecuting attorney to attend and prosecute such charges on behalf of the state. He shall in a similar manner attend and prosecute on behalf of t
Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-21-113
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 16-21-113. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
5-64-505. Property subject to forfeiture — Procedure — Disposition of property.
(a) Items Subject to Forfeiture. The following are subject to forfeiture upon the initiation of a civil proceeding filed by the prosecuting attorney and when so ordered by the circuit court in accordance with this section, however no property is subject to forfeiture based solely upon a misdemeanor possession of a Schedule III, Schedule IV, Schedule V, or Schedule VI controlled substance:
(1) Any controlled substance or counterfeit substance that has been manufactured, distributed, dispensed, or acquired in violation of this chapter;
(2) Any raw material, product, or equipment of any kind that is used, or intended for use, in manufacturing, compounding, processing, delivering, importing, or exporting any controlled substance or counterfeit substance in violation of this chapter;
(3) Any property that is used, or intended for use, as a container for property described in subdivision (a)(1) or subdivision (a)(2) of this section;
(4) Any conveyance, including an aircraft, vehicle, or vessel that is used or intended for use to transport or in any manner to facilitate the transportation for the purpose of sale or receipt of property described in subdivision (a)(1) or subdivision (a)(2) of this section, however:
(A) No conveyance used by any person as a common carrier in the transaction of business as a common carrier is subject to forfeiture under this section unless it appears that the owner or other person in charge of the conveyance is a consenting party or privy to a violation of this chapter;
(B)(i) No conveyance is subject to forfeiture under this section by reason of any act or omission established by the owner of the conveyance to have been committed or omitted without his
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-64-505
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 5-64-505. This identifies an authority to review, not proof of applicability.