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16-87-218. Schedule of costs for legal services — Definitions.
Arkansas Code — all titles (historical 2020) · legal_authorities
16-87-218. Schedule of costs for legal services — Definitions.
(a) As used in this section:
(1) “Early disposition” means a disposition that occurs within sixty (60) days of the date of the person's arrest or before the state files a criminal information, whichever occurs sooner; and
(2) “Extended matter” means a case that involves legal proceedings that extend beyond a completed trial.
(b) At the time of final disposition of any charges pending against a defendant represented by a public defender, the public defender shall ask the court to enter a judgment against the defendant in favor of the State of Arkansas for legal services rendered by the public defender.
(c) The amount of judgment shall be based on the following nonbinding fee schedule:
(1) Capital murder, § 5-10-101, in which the death penalty was given, including any appeal and post-conviction remedy, twelve thousand five hundred dollars ($12,500);
(2) Capital murder, § 5-10-101, in which the death penalty was not given, murder in the first degree, § 5-10-102, or Class Y felony:
(A) For an early disposition, five hundred dollars ($500);
(B) For a negotiated plea or disposition before trial, two thousand five hundred dollars ($2,500); or
(C) For a trial or an extended matter, seven thousand five hundred dollars ($7,500);
(3) Any other felony homicide, §§ 5-10-103 — 5-10-106, Class A felony, or Class B felony:
(A) For an early disposition, two hundred fifty dollars ($250);
(B) For a negotiated plea or disposition before trial, one thousand two hundred fifty dollars ($1,250); or
(C) For a trial or an extended matter, five thousand dollars ($5,000);
(4) A Class C felony, Class D felony, unclassified felony, or driving or boating while intoxicated, § 5-65-103, third offense:
(A) For
Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-87-218
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:16-87-218
Source file: gov.ar.code.title.16.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 423230c76b1f3d13dd52719d75500cb1b8005a2acb99015466e544da5d2ad813
Source location: content.xml paragraph 31397
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16-87-218. Schedule of costs for legal services — Definitions.
(a) As used in this section:
(1) “Early disposition” means a disposition that occurs within sixty (60) days of the date of the person's arrest or before the state files a criminal information, whichever occurs sooner; and
(2) “Extended matter” means a case that involves legal proceedings that extend beyond a completed trial.
(b) At the time of final disposition of any charges pending against a defendant represented by a public defender, the public defender shall ask the court to enter a judgment against the defendant in favor of the State of Arkansas for legal services rendered by the public defender.
(c) The amount of judgment shall be based on the following nonbinding fee schedule:
(1) Capital murder, § 5-10-101, in which the death penalty was given, including any appeal and post-conviction remedy, twelve thousand five hundred dollars ($12,500);
(2) Capital murder, § 5-10-101, in which the death penalty was not given, murder in the first degree, § 5-10-102, or Class Y felony:
(A) For an early disposition, five hundred dollars ($500);
(B) For a negotiated plea or disposition before trial, two thousand five hundred dollars ($2,500); or
(C) For a trial or an extended matter, seven thousand five hundred dollars ($7,500);
(3) Any other felony homicide, §§ 5-10-103 — 5-10-106, Class A felony, or Class B felony:
(A) For an early disposition, two hundred fifty dollars ($250);
(B) For a negotiated plea or disposition before trial, one thousand two hundred fifty dollars ($1,250); or
(C) For a trial or an extended matter, five thousand dollars ($5,000);
(4) A Class C felony, Class D felony, unclassified felony, or driving or boating while intoxicated, § 5-65-103, third offense:
(A) For an early disposition, one hundred twenty-five dollars ($125);
(B) For a negotiated plea or disposition before trial, six hundred twenty-five dollars ($625); or
(C) For a trial or an extended matter, two thousand five hundred dollars ($2,500);
(5) Any other misdemeanor:
(A) For an early disposition, sixty-five dollars ($65.00);
(B) For a negotiated plea or disposition before trial, one hundred twenty-five dollars ($125); or
(C) For a trial or an extended matter, five hundred dollars ($500);
(6) Any juvenile matter:
(A) For an early disposition, sixty-five dollars ($65.00);
(B) For a negotiated plea or disposition before trial, one hundred twenty-five dollars ($125); or
(C) For a trial or an extended matter, five hundred dollars ($500); or
(7) Any post-conviction relief that is not a direct appeal of the conviction:
(A) For an early disposition, two hundred dollars ($200);
(B) For a negotiated plea or disposition before trial or hearing, four hundred dollars ($400); or
(C) For a trial or hearing or an extended matter, six hundred twenty-five dollars ($625).
(d) A court is not required to enter a judgment against a defendant under this section.
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Arkansas Code — all titles (historical 2020) · legal_authorities
5-10-101. Capital murder.
(a) A person commits capital murder if:
(1) Acting alone or with one (1) or more other persons:
(A) The person commits or attempts to commit:
(i) Terrorism, as defined in § 5-54-205;
(ii) Rape, § 5-14-103;
(iii) Kidnapping, § 5-11-102;
(iv) Vehicular piracy, § 5-11-105;
(v) Robbery, § 5-12-102;
(vi) Aggravated robbery, § 5-12-103;
(vii) Residential burglary, § 5-39-201(a);
(viii) Commercial burglary, § 5-39-201(b);
(ix) Aggravated residential burglary, § 5-39-204;
(x) A felony violation of the Uniform Controlled Substances Act, §§ 5-64-101 — 5-64-508, involving an actual delivery of a controlled substance; or
(xi) First degree escape, § 5-54-110; and
(B) In the course of and in furtherance of the felony or in immediate flight from the felony, the person or an accomplice causes the death of a person under circumstances manifesting extreme indifference to the value of human life;
(2) Acting alone or with one (1) or more other persons:
(A) The person commits or attempts to commit arson, § 5-38-301; and
(B) In the course of and in furtherance of the felony or in immediate flight from the felony, the person or an accomplice causes the death of any person;
(3) With the premeditated and deliberated purpose of causing the death of any law enforcement officer, jailer, prison official, firefighter, judge or other court official, probation officer, parole officer, any military personnel, or teacher or school employee, when such person is acting in the line of duty, the person causes the death of any person;
(4) With the premeditated and deliberated purpose of causing the death of another person, the person causes the death of any person;
(5) With the premeditated and deliberated purpose of causing the death of the
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-10-101
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 5-10-101. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
5-10-102. Murder in the first degree.
(a) A person commits murder in the first degree if:
(1) Acting alone or with one (1) or more other persons:
(A) The person commits or attempts to commit a felony; and
(B) In the course of and in the furtherance of the felony or in immediate flight from the felony, the person or an accomplice causes the death of any person under circumstances manifesting extreme indifference to the value of human life;
(2) With a purpose of causing the death of another person, the person causes the death of another person; or
(3) The person knowingly causes the death of a person fourteen (14) years of age or younger at the time the murder was committed.
(b) It is an affirmative defense to any prosecution under subdivision (a)(1) of this section for an offense in which the defendant was not the only participant that the defendant:
(1) Did not commit the homicidal act or in any way solicit, command, induce, procure, counsel, or aid the homicidal act's commission;
(2) Was not armed with a deadly weapon;
(3) Reasonably believed that no other participant was armed with a deadly weapon; and
(4) Reasonably believed that no other participant intended to engage in conduct that could result in death or serious physical injury.
(c)(1) Murder in the first degree is a Class Y felony.
(2) Unless the application of § 16-93-621 results in a person's being eligible for parole at an earlier date, if a person was younger than eighteen (18) years of age at the time he or she committed murder in the first degree and is sentenced to life imprisonment, the person is eligible for parole after serving a minimum of twenty-five (25) years' imprisonment.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-10-102
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 5-10-102. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
5-10-103. Murder in the second degree.
(a) A person commits murder in the second degree if:
(1) The person knowingly causes the death of another person under circumstances manifesting extreme indifference to the value of human life; or
(2) With the purpose of causing serious physical injury to another person, the person causes the death of any person.
(b) Murder in the second degree is a Class A felony.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-10-103
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 5-10-103. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
5-10-106. Physician-assisted suicide.
(a)(1) As used in this section, “physician-assisted suicide” means a physician or healthcare provider participating in a medical procedure or knowingly prescribing any drug, compound, or substance for the express purpose of assisting a patient to intentionally end the patient's life.
(2) However, “physician-assisted suicide” does not apply to a person participating in the execution of a person sentenced by a court to death by lethal injection.
(b) It is unlawful for a physician or healthcare provider to commit the offense of physician-assisted suicide by:
(1) Prescribing any drug, compound, or substance to a patient with the express purpose of assisting the patient to intentionally end the patient's life; or
(2) Assisting in any medical procedure for the express purpose of assisting a patient to intentionally end the patient's life.
(c) Physician-assisted suicide is a Class B felony.
(d) This section does not prohibit a:
(1) Physician or healthcare provider from carrying out an advanced directive or living will; or
(2) Physician from prescribing any drug, compound, or substance for the specific purpose of pain relief.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-10-106
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 5-10-106. This identifies an authority to review, not proof of applicability.