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16-93-620. Parole eligibility procedures — Certain offenses committed on or after April 1, 2015.

Arkansas Code — all titles (historical 2020) · legal_authorities

16-93-620. Parole eligibility procedures — Certain offenses committed on or after April 1, 2015.

16-93-620. Parole eligibility procedures — Certain offenses committed on or after April 1, 2015. (a) An inmate sentenced for one (1) of the following felonies on or after April 1, 2015, is eligible for discretionary transfer to the Department of Community Correction by the Parole Board after having served one-third (1/3) or one-half (½) of his or her sentence, with credit for meritorious good time, depending on the seriousness determination made by the Arkansas Sentencing Commission, or one-half (½) of the time to which his or her sentence is commuted: (1) Battery in the second degree, § 5-13-202; (2) Aggravated assault, § 5-13-204; (3) Terroristic threatening, § 5-13-301; (4) Domestic battering in the second degree, § 5-26-304; or (5) Residential burglary, § 5-39-201. (b) The transfer of an inmate convicted of an offense listed in this section is not automatic. (c) All other provisions governing the procedures regarding the granting and administration of parole for persons convicted of an offense listed under subsection (a) of this section shall be governed by §§ 16-93-615 — 16-93-617.

Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-93-620

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:16-93-620
Source file: gov.ar.code.title.16.odt
Pages: Not recorded – Not recorded
Passage SHA-256: fa270d6164e33738bdc3635bccff52ccad6c043f42e3df01d550ae30a6206f38

Source location: content.xml paragraph 39043

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Arkansas Code — all titles (historical 2020) · legal_authorities

5-13-202. Battery in the second degree.

5-13-202. Battery in the second degree. (a) A person commits battery in the second degree if: (1) With the purpose of causing physical injury to another person, the person causes serious physical injury to another person; (2) With the purpose of causing physical injury to another person, the person causes physical injury to another person by means of a deadly weapon other than a firearm; (3) The person recklessly causes serious physical injury to another person: (A) By means of a deadly weapon; or (B) While operating or in actual physical control of a motor vehicle or motorboat if at the time: (i) The person is intoxicated; or (ii) The alcohol concentration in the person's breath or blood is eight-hundredths (0.08) or more based upon the definition of alcohol concentration in § 5-65-204; or (4) The person knowingly, without legal justification, causes physical injury to or incapacitates a person he or she knows to be: (A)(i) A law enforcement officer, firefighter, code enforcement officer, or employee of a correctional facility while the law enforcement officer, firefighter, code enforcement officer, or employee of a correctional facility is acting in the line of duty. (ii) As used in this subdivision (a)(4)(A): (a)(1) “Code enforcement officer” means an individual charged with the duty of enforcing a municipal code, municipal ordinance, or municipal regulation as defined by a municipal code, municipal ordinance, or municipal regulation. (2) “Code enforcement officer” includes a municipal animal control officer; and (b) “Employee of a correctional facility” includes a person working under a professional services contract with the Division of Correction, the Division of Community Correction, or the Division of Youth Services; (B) A teacher o

Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-13-202

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 5-13-202. This identifies an authority to review, not proof of applicability.

Arkansas Code — all titles (historical 2020) · legal_authorities

5-13-204. Aggravated assault.

5-13-204. Aggravated assault. (a) A person commits aggravated assault if, under circumstances manifesting extreme indifference to the value of human life, he or she purposely: (1) Engages in conduct that creates a substantial danger of death or serious physical injury to another person; (2) Displays a firearm in such a manner that creates a substantial danger of death or serious physical injury to another person; or (3) Impedes or prevents the respiration of another person or the circulation of another person's blood by applying pressure on the chest, throat, or neck or by blocking the nose or mouth of the other person. (b) Aggravated assault is a Class D felony. (c) The provisions of this section do not apply to: (1) A law enforcement officer acting within the scope of his or her duty; or (2) A person acting in self-defense or the defense of a third party.

Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-13-204

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. The source passage cites 5-13-204. This identifies an authority to review, not proof of applicability.

Arkansas Code — all titles (historical 2020) · legal_authorities

5-13-301. Terroristic threatening.

5-13-301. Terroristic threatening. (a)(1) A person commits the offense of terroristic threatening in the first degree if: (A) With the purpose of terrorizing another person, the person threatens to cause death or serious physical injury or substantial property damage to another person; or (B) With the purpose of terrorizing another person, the person threatens to cause physical injury or property damage to a teacher or other school employee acting in the line of duty. (2) Terroristic threatening in the first degree is a Class D felony. (b)(1) A person commits the offense of terroristic threatening in the second degree if, with the purpose of terrorizing another person, the person threatens to cause physical injury or property damage to another person. (2) Terroristic threatening in the second degree is a Class A misdemeanor. (c)(1)(A) Upon pretrial release of the defendant, a judicial officer shall: (i) Enter a no contact order in writing consistent with Rules 9.3 and 9.4 of the Arkansas Rules of Criminal Procedure; and (ii) Give notice to the defendant of penalties contained in Rule 9.5 of the Arkansas Rules of Criminal Procedure. (B) The no contact order under subdivision (c)(1)(A) of this section remains in effect during the pendency of any appeal of a conviction under this section. (C) The judicial officer or prosecuting attorney shall provide a copy of the no contact order under subdivision (c)(1)(A) of this section to the victim and arresting agency without unnecessary delay. (2) If the judicial officer has reason to believe that mental disease or defect of the defendant will or has become an issue in the cause, the judicial officer shall enter orders consistent with § 5-2-327 or § 5-2-328, or both.

Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-13-301

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 5-13-301. This identifies an authority to review, not proof of applicability.

Arkansas Code — all titles (historical 2020) · legal_authorities

5-26-304. Domestic battering in the second degree.

5-26-304. Domestic battering in the second degree. (a) A person commits domestic battering in the second degree if: (1) With the purpose of causing physical injury to a family or household member, the person causes serious physical injury to a family or household member; (2) With the purpose of causing physical injury to a family or household member, the person causes physical injury to a family or household member by means of a deadly weapon; (3) The person recklessly causes serious physical injury to a family or household member by means of a deadly weapon; or (4) The person knowingly causes physical injury to a family or household member he or she knows to be sixty (60) years of age or older or twelve (12) years of age or younger. (b)(1) Domestic battering in the second degree is a Class C felony. (2) However, domestic battering in the second degree is a Class B felony if: (A) Committed against a woman the person knew or should have known was pregnant; (B) The person committed one (1) or more of the following offenses within five (5) years of the offense of domestic battering in the second degree: (i) Domestic battering in the first degree, § 5-26-303; (ii) Domestic battering in the second degree; (iii) Domestic battering in the third degree, § 5-26-305; or (iv) A violation of an equivalent penal law of this state or of another state or foreign jurisdiction; or (C) The person committed two (2) or more offenses of battery against a family or household member as defined by a law of this state or by an equivalent law of any other state or foreign jurisdiction within ten (10) years of the offense of domestic battering in the second degree.

Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-26-304

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 5-26-304. This identifies an authority to review, not proof of applicability.