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18-4-203. Tolling of civil actions.
Arkansas Code — all titles (historical 2020) · legal_authorities
18-4-203. Tolling of civil actions.
If a criminal proceeding is brought against a person to establish the person's guilt concerning the unlawful killing of the decedent, a civil action that involves an issue of whether the person unlawfully killed the decedent may be brought within one (1) year after a final determination is made in the criminal proceeding, including a determination concerning the person's:
(1) Mental capacity under § 5-2-312 or § 5-2-313 or similar provisions of another state's law; or
(2) Fitness to proceed under § 5-2-309 or a similar provision of another state's law.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 18-4-203
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:18-4-203
Source file: gov.ar.code.title.18.odt
Pages: Not recorded – Not recorded
Passage SHA-256: aef89b2abf721bded5475d1002ee3d3a738dc9c0d1099eef39c2acca5c7531df
Source location: content.xml paragraph 243
Stored source content
18-4-203. Tolling of civil actions.
If a criminal proceeding is brought against a person to establish the person's guilt concerning the unlawful killing of the decedent, a civil action that involves an issue of whether the person unlawfully killed the decedent may be brought within one (1) year after a final determination is made in the criminal proceeding, including a determination concerning the person's:
(1) Mental capacity under § 5-2-312 or § 5-2-313 or similar provisions of another state's law; or
(2) Fitness to proceed under § 5-2-309 or a similar provision of another state's law.
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Arkansas Code — all titles (historical 2020) · legal_authorities
5-2-309. Determination of fitness to proceed.
(a) If the defendant's fitness to proceed becomes an issue at any stage of the case, the issue of the defendant's fitness to proceed shall be determined by the court.
(b) If neither party contests the finding of the report filed pursuant to § 5-2-327, the court may make the determination under subsection (a) of this section on the basis of the report.
(c) If the finding of the report is contested, the court shall hold a hearing on the issue of the defendant's fitness to proceed.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-2-309
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. The source passage cites 5-2-309. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
5-2-312. Lack of criminal responsibility — Affirmative defense.
(a)(1) It is an affirmative defense to a prosecution that at the time the defendant engaged in the conduct charged he or she lacked criminal responsibility.
(2) When the affirmative defense of lack of criminal responsibility is presented to a jury, prior to deliberations the jury shall be instructed regarding the disposition of a defendant acquitted due to the defendant's lack of criminal responsibility as described under § 5-2-314.
(b) When a defendant is acquitted on a ground of lack of criminal responsibility, the verdict and judgment shall state that the defendant was acquitted on a ground of lack of criminal responsibility.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-2-312
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 5-2-312. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
5-2-313. Acquittal based on lack of criminal responsibility report.
(a) On the basis of the report filed under § 5-2-328 and after a hearing, if a hearing is requested, the court may enter judgment of acquittal on the ground of lack of criminal responsibility if the court is satisfied that the following criteria are met:
(1) The defendant currently has the capacity to understand the proceedings against him or her and to assist effectively in his or her own defense; and
(2) At the time of the conduct charged, the defendant lacked criminal responsibility.
(b) If the defendant did not raise the issue of lack of criminal responsibility as an affirmative defense under § 5-2-328, then the court is required to make a factual determination that the defendant committed the offense and that he or she lacked criminal responsibility at the time of the commission of the offense.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-2-313
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 5-2-313. This identifies an authority to review, not proof of applicability.