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16-90-309. Restitution for theft of public property.
Arkansas Code — all titles (historical 2020) · legal_authorities
16-90-309. Restitution for theft of public property.
(a) When any defendant is found guilty or pleads guilty or nolo contendere to theft or any other offense affecting property held by or belonging to the state or any political subdivision thereof, the court shall require the payment of restitution for the benefit of the state or the applicable political subdivision as part of the sentence.
(b) The court shall set the amount of restitution based on reliable and probative evidence. Any amounts received by the state or a political subdivision from the Self-Insured Fidelity Bond Program, § 21-2-701 et seq., or other third party bonds as a result of the defendant's actions shall not reduce the amount of restitution required to be paid by the defendant.
(c) If payments are made by the Self-Insured Fidelity Bond Program to reimburse the state or political subdivision for losses incurred as a result of the actions of the defendant, the Self-Insured Fidelity Bond Program is entitled to receive priority to any restitution ordered and received by the court up to the amount paid by the Self-Insured Fidelity Bond Program to the state or political subdivision.
(d) The Self-Insured Fidelity Bond Program is subrogated to any right of the state or political subdivision to the extent of any proceeds paid by the Self-Insured Fidelity Bond Program.
(e) If restitution is allowed to be made over a period of time, the court shall also require the payment of interest on the amount of outstanding restitution. Interest shall begin to accrue from the date the court-ordered restitution is filed with the court clerk. The court shall determine the rate of interest to be assessed.
(f) An order of restitution for the benefit of the state or any political subdivision pursuant to the provis
Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-90-309
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:16-90-309
Source file: gov.ar.code.title.16.odt
Pages: Not recorded – Not recorded
Passage SHA-256: b14a71f00d3471777fbd5bac333de3aef6b0b61f909848a4381f6d376991be45
Source location: content.xml paragraph 34444
Stored source content
16-90-309. Restitution for theft of public property.
(a) When any defendant is found guilty or pleads guilty or nolo contendere to theft or any other offense affecting property held by or belonging to the state or any political subdivision thereof, the court shall require the payment of restitution for the benefit of the state or the applicable political subdivision as part of the sentence.
(b) The court shall set the amount of restitution based on reliable and probative evidence. Any amounts received by the state or a political subdivision from the Self-Insured Fidelity Bond Program, § 21-2-701 et seq., or other third party bonds as a result of the defendant's actions shall not reduce the amount of restitution required to be paid by the defendant.
(c) If payments are made by the Self-Insured Fidelity Bond Program to reimburse the state or political subdivision for losses incurred as a result of the actions of the defendant, the Self-Insured Fidelity Bond Program is entitled to receive priority to any restitution ordered and received by the court up to the amount paid by the Self-Insured Fidelity Bond Program to the state or political subdivision.
(d) The Self-Insured Fidelity Bond Program is subrogated to any right of the state or political subdivision to the extent of any proceeds paid by the Self-Insured Fidelity Bond Program.
(e) If restitution is allowed to be made over a period of time, the court shall also require the payment of interest on the amount of outstanding restitution. Interest shall begin to accrue from the date the court-ordered restitution is filed with the court clerk. The court shall determine the rate of interest to be assessed.
(f) An order of restitution for the benefit of the state or any political subdivision pursuant to the provisions of this section and § 16-90-310 does not bar any civil remedy that may also be available under law.
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Arkansas Code — all titles (historical 2020) · legal_authorities
16-90-310. Theft of public property — Lien on defendant's property.
(a) When any defendant is found guilty of or pleads guilty or nolo contendere to theft or any other offense affecting property held by or belonging to the state or any political subdivision thereof, the circuit court shall order a lien upon any and all property, refunds, or any other items in which the defendant may have a vested interest.
(b)(1) The purpose of the lien is to secure the payment of any restitution, fines, court costs, or other payments that may be ordered by the circuit court.
(2)(A) The lien shall have the same effect as any other civil judgment.
(B) The state or the applicable political subdivision may execute upon the judgment in any manner provided by law.
(C) Notwithstanding any other provisions of law, the state or any political subdivision may execute upon any funds held by a state public retirement system or any state agency or political subdivision in which the defendant may have a vested interest.
(3) The circuit court shall order that these liens be released upon satisfaction of all payments ordered by the circuit court.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-90-310
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 16-90-310. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
21-2-701. Purpose.
It is found and determined that:
(1) The State of Arkansas and the counties, municipalities, and school districts of the State of Arkansas are expending large sums of money each year for premiums on blanket bonds for officers and employees;
(2) Considerable savings might be effected by the establishment of a self-insured fidelity bond program for state officials and employees, county officials and employees, municipal officials and employees, and school district officials and employees;
(3) This subchapter is designed to establish a governmental bonding board to develop a self-insured fidelity bond program for those officials and employees; and
(4) This subchapter is designed to provide that self-insured fidelity bonds would be in lieu of the various blanket bonds which are presently required under this chapter for various officials and employees and to thereby effectuate substantial savings in the cost of blanket bonds for those officials and employees.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 21-2-701
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 21-2-701. This identifies an authority to review, not proof of applicability.