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16-93-207. Applications for pardon, commutation of sentence, and remission of fines and forfeitures.
Arkansas Code — all titles (historical 2020) · legal_authorities
16-93-207. Applications for pardon, commutation of sentence, and remission of fines and forfeitures.
(a)(1)(A) At least thirty (30) days before granting an application for pardon, commutation of sentence, or remission of fine or forfeiture, the Governor shall file with the Secretary of State a notice of his or her intention to grant the application.
(B) The Governor shall also direct the Division of Correction to send notice of his or her intention to the judge, 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.
(2) The filing of the notice shall not preclude the Governor from later denying the application, but any pardon, commutation of sentence, or remission of fine or forfeiture granted without filing the notice shall be null and void.
(b) If the Governor does not grant an application for pardon, commutation of sentence, or remission of fine or forfeiture within two hundred forty (240) days of the Governor's receipt of the recommendation of the Parole Board regarding the application, the application shall be deemed denied by the Governor, and any pardon, commutation of sentence, or remission of fine or forfeiture granted after the two-hundred-forty-day period shall be null and void.
(c)(1)(A) Except as provided in subdivision (c)(3) and subsection (d) of this section, if an application for pardon, commutation of sentence, or remission of fine or forfeiture is denied in writing by the Governor, the person filing the application shall not be eligible to file a new application for pardon, commutation of sentence, or remission of fine or forfeiture related to the same offense for a period of four (4) years from the date of filing the application that
Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-93-207
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:16-93-207
Source file: gov.ar.code.title.16.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 9bed6aef2cbf49b555001363360f0a02180b5b698106360c36e27991b1416099
Source location: content.xml paragraph 37440
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16-93-207. Applications for pardon, commutation of sentence, and remission of fines and forfeitures.
(a)(1)(A) At least thirty (30) days before granting an application for pardon, commutation of sentence, or remission of fine or forfeiture, the Governor shall file with the Secretary of State a notice of his or her intention to grant the application.
(B) The Governor shall also direct the Division of Correction to send notice of his or her intention to the judge, 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.
(2) The filing of the notice shall not preclude the Governor from later denying the application, but any pardon, commutation of sentence, or remission of fine or forfeiture granted without filing the notice shall be null and void.
(b) If the Governor does not grant an application for pardon, commutation of sentence, or remission of fine or forfeiture within two hundred forty (240) days of the Governor's receipt of the recommendation of the Parole Board regarding the application, the application shall be deemed denied by the Governor, and any pardon, commutation of sentence, or remission of fine or forfeiture granted after the two-hundred-forty-day period shall be null and void.
(c)(1)(A) Except as provided in subdivision (c)(3) and subsection (d) of this section, if an application for pardon, commutation of sentence, or remission of fine or forfeiture is denied in writing by the Governor, the person filing the application shall not be eligible to file a new application for pardon, commutation of sentence, or remission of fine or forfeiture related to the same offense for a period of four (4) years from the date of filing the application that was denied.
(B) Any person who made an application for pardon, commutation of sentence, or remission of fine or forfeiture that was denied on or after July 1, 2004, shall be eligible to file a new application four (4) years after the date of filing the application that was denied.
(2) If an application for pardon, commutation of sentence, or remission of fine or forfeiture is denied by the Governor pursuant to subsection (b) of this section, the person filing the application may immediately file a new application for pardon, commutation of sentence, or remission of fine or forfeiture related to the same offense.
(3)(A) The board may waive the waiting period for filing a new application for pardon, commutation of sentence, or remission of fine or forfeiture described in subdivision (c)(1)(A) of this section if:
(i) It has been at least twelve (12) months after the date of filing the application that was denied; and
(ii) The board determines that the person whose application was denied has established that:
(a) New material evidence relating to the person's guilt or punishment has been discovered;
(b) The person's physical or mental health has substantially deteriorated; or
(c) Other meritorious circumstances justify a waiver of the waiting period.
(B)(i) The board shall promulgate rules that shall establish policies and procedures for waiver of the waiting period.
(ii) The board may make additions, amendments, changes, or alterations to the rules in accordance with the Arkansas Administrative Procedure Act, § 25-15-201 et seq.
(d)(1) Except as provided in subdivision (d)(3) of this section, if an application for pardon, commutation of sentence, or remission of fine or forfeiture of a person sentenced to life imprisonment without parole is denied in writing by the Governor, the person filing the application shall not be eligible to file a new application for pardon, commutation of sentence, or remission of fine or forfeiture related to the same offense for a period of:
(A) Six (6) years from the date of the denial; or
(B) Eight (8) years from the date of the denial if the applicant is serving a sentence of life without parole for capital murder, § 5-10-101.
(2) If an application for pardon, commutation of sentence, or remission of fine or forfeiture of a person sentenced to life imprisonment without parole is denied by the Governor pursuant to subsection (b) of this section, the person filing the application may immediately file a new application for pardon, commutation of sentence, or remission of fine or forfeiture related to the same offense.
(3)(A) The board or the Governor may waive the waiting period for filing a new application for pardon, commutation of sentence, or remission of fine or forfeiture described in subdivision (d)(1) of this section if:
(i) It has been at least twelve (12) months after the date of filing the application that was denied; and
(ii) The board determines that the person whose application was denied has established that:
(a) New material evidence relating to the person's guilt or punishment has been discovered;
(b) The person's physical or mental health has substantially deteriorated; or
(c) Other meritorious circumstances justify a waiver of the waiting period.
(B)(i) The board shall promulgate rules that shall establish policies and procedures for waiver of the waiting period.
(ii) The board may make additions, amendments, changes, or alterations to the rules in accordance with the Arkansas Administrative Procedure Act, § 25-15-201 et seq.
(e) If an application for pardon, commutation of sentence, or remission of fine is granted, the Governor shall:
(1) Include in his or her written order the reasons for granting the application; and
(2) File with the Senate and the House of Representatives a copy of the order that includes:
(A) The applicant's name;
(B) The offense of which the applicant was convicted;
(C) The sentence imposed upon the applicant;
(D) The date that the sentence was imposed; and
(E) The effective date of the pardon, commutation of sentence, or remission of fine.
(f)(1) This section shall not apply to reprieves.
(2) Reprieves may be granted as presently provided by law.
Cross-references
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Arkansas Code — all titles (historical 2020) · legal_authorities
25-15-201. Title.
This subchapter shall be known and cited as the “Arkansas Administrative Procedure Act”.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 25-15-201
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 25-15-201. 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.