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16-93-204. Executive clemency.
Arkansas Code — all titles (historical 2020) · legal_authorities
16-93-204. Executive clemency.
(a)(1)(A) All applications for pardon, commutation of sentence, reprieve, respite, or remission of fine or forfeiture shall be signed by the applicant under oath.
(B) For purposes of § 5-53-102, the application shall be deemed an official proceeding.
(2) An applicant shall obtain and include with his or her application a certified copy of the applicant's judgment and commitment order or comparable document.
(3) Applications shall be referred to the Parole Board for investigation.
(b) The board shall thereupon investigate each case and shall submit to the Governor its recommendation, a report of the investigation, and all other information the board may have regarding the applicant.
(c)(1) As part of the board's investigation, the Chair of the Parole Board or his or her designee shall have the power to issue oaths and subpoena witnesses to appear and testify and to bring before the board any relevant books, papers, records, or documents.
(2)(A) The subpoena shall be directed to any county sheriff, county coroner, or constable of the county in which the designated witness resides or is found.
(B) The endorsed affidavit on the subpoena of any person shall be proof of the service of the subpoena.
(C) The subpoena shall be served and returned in the same manner as subpoenas in civil actions in the circuit courts are served and returned.
(d)(1) Before the board shall consider an application for a pardon or recommend a commutation of sentence, the board shall solicit the written or oral recommendation of the committing court, the prosecuting attorney, and the county sheriff of the county from which the person was committed.
(2)(A) Before considering an application for a pardon or recommending a commutation of sentence of a p
Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-93-204
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:16-93-204
Source file: gov.ar.code.title.16.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 7aa2cdd262bb6339569c53a49fac408840a8e2a8d6f8e955897fb843c03530ca
Source location: content.xml paragraph 37372
Stored source content
16-93-204. Executive clemency.
(a)(1)(A) All applications for pardon, commutation of sentence, reprieve, respite, or remission of fine or forfeiture shall be signed by the applicant under oath.
(B) For purposes of § 5-53-102, the application shall be deemed an official proceeding.
(2) An applicant shall obtain and include with his or her application a certified copy of the applicant's judgment and commitment order or comparable document.
(3) Applications shall be referred to the Parole Board for investigation.
(b) The board shall thereupon investigate each case and shall submit to the Governor its recommendation, a report of the investigation, and all other information the board may have regarding the applicant.
(c)(1) As part of the board's investigation, the Chair of the Parole Board or his or her designee shall have the power to issue oaths and subpoena witnesses to appear and testify and to bring before the board any relevant books, papers, records, or documents.
(2)(A) The subpoena shall be directed to any county sheriff, county coroner, or constable of the county in which the designated witness resides or is found.
(B) The endorsed affidavit on the subpoena of any person shall be proof of the service of the subpoena.
(C) The subpoena shall be served and returned in the same manner as subpoenas in civil actions in the circuit courts are served and returned.
(d)(1) Before the board shall consider an application for a pardon or recommend a commutation of sentence, the board shall solicit the written or oral recommendation of the committing court, the prosecuting attorney, and the county sheriff of the county from which the person was committed.
(2)(A) Before considering an application for a pardon or recommending a commutation of sentence of a person who was convicted of capital murder, § 5-10-101, or a Class Y felony, Class A felony, or Class B felony, the board shall notify the victim of the crime or the victim's next of kin, if he or she files a request for notice with the prosecuting attorney.
(B) When the board provides notice under subdivision (d)(2)(A) of this section, the board shall solicit the written or oral recommendations of the victim or the victim's next of kin regarding the granting of a pardon or commutation of sentence.
(3) The board shall retain a copy of the recommendations in the board's file.
(4) The recommendations shall not be binding upon the board in advising the Governor whether to grant a pardon or commute a sentence but shall be maintained in the inmate's file.
(5)(A) If a hearing will be held on the application, the board shall notify the victim or the victim's next of kin of the date, time, and place of the hearing.
(B) The notice shall be given when soliciting the recommendations of the victim of the crime or the victim's next of kin.
(e) At least thirty (30) days before submitting to the Governor a recommendation that an application for pardon, commutation of sentence, or remission of fine or forfeiture be granted, the board shall:
(1) Issue a public notice of its intention to make such a recommendation; and
(2) Send notice of its intention to the circuit judge who presided over the applicant's trial, the prosecuting attorney, and the county sheriff of the county in which the applicant was convicted and, if applicable, to the victim or the victim's next of kin if the victim or the victim's next of kin registered for notification with the prosecuting attorney under § 16-21-106(c).
(f) Whether the board recommends that an application for pardon, commutation of sentence, or remission of fine or forfeiture be granted or denied by the Governor, the board shall issue public notice of each recommendation.
Cross-references
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Arkansas Code — all titles (historical 2020) · legal_authorities
16-21-106. Assistance to victims and witnesses of crimes — Victim of crimes case coordinator.
(a)(1) The prosecuting attorneys shall, upon request, provide to a victim and the immediate family members of all homicide victims, whether or not they are witnesses in criminal proceedings, notice of critical events in the criminal justice process, which shall include, but not be limited to:
(A) Notice of motions or hearings to establish or reduce bail or authorize other pretrial release from custody;
(B) Notice of proceedings in which any plea agreement may be submitted;
(C) Notice of trial;
(D) Notice of any motion that may substantially delay the prosecution;
(E) Notice that a court proceeding for which the victim has been subpoenaed will not transpire as scheduled;
(F) Notice of the date, time, and place of the defendant's appearance before a judicial officer;
(G) The function of a presentence report, the name, street address, and telephone number of the agency preparing the report, and the defendant's right of access to the report;
(H) Notice of the victim's right under this act to present a victim impact statement and the defendant's right to be present at the sentencing proceeding;
(I) Notice of the date, time, and place of any sentencing proceeding;
(J) Notice of the date, time, and place of any hearing for reconsideration of a sentence imposed;
(K) Notice of any sentence imposed and any modification of that sentence; and
(L) Notice of the right to receive information from the Department of Corrections, Arkansas State Hospital, and any other facility to which the defendant is committed by the court.
(2) After a prosecution is commenced, the prosecuting attorney shall promptly inform a victim of:
(A) Relevant criminal justice procedures;
(
Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-21-106
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 16-21-106. This identifies an authority to review, not proof of applicability.
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
5-53-102. Perjury generally.
(a) A person commits perjury if in an official proceeding he or she knowingly:
(1) Makes a false material statement under an oath required or authorized by law;
(2) Applies for or submits an absentee ballot for a city, school district, county, state, or federal election knowing that he or she is unlawfully applying for or unlawfully submitting the absentee ballot; or
(3) Makes a false unsworn declaration under the Uniform Unsworn Foreign Declarations Act, § 16-2-201 et seq.
(b) Lack of knowledge of the materiality of the statement is not a defense to a charge of perjury under this section.
(c) Perjury is a Class C felony.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-53-102
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 5-53-102. This identifies an authority to review, not proof of applicability.