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23-12-708. Drinking or drunkenness in public places — Arrests by railroad conductors.
Arkansas Code — all titles (historical 2020) · legal_authorities
23-12-708. Drinking or drunkenness in public places — Arrests by railroad conductors.
(a)(1) Every railroad conductor is authorized and empowered to exercise, in every county in this state through which the train in the charge of the conductor passes, all his or her common law and statutory powers for the purpose of enforcing the provisions of § 5-71-212, and to arrest offenders against any such provisions. In so doing, they shall be considered as acting for the state and not as employees of the railroad company.
(2) Arrests for offenses against such provisions may be made by the conductor without warrant. Persons so arrested shall be delivered by him or her to some justice of the peace, district court judge, sheriff, constable, or police officer at some station or place within the county in which the offense was committed, for trial as provided by law.
(3) If the train has passed from the county in which the offense was committed and for which the arrest shall have been made, then the conductor shall deliver the person so arrested to some officer of another county, and he or she shall be held and delivered to some officer of the county in which the offense was committed to be there held for trial as provided by law.
(4) When any railroad conductor, who is actually engaged in the discharge of his or her duty, makes a legal arrest under the provisions of this subsection, then and in that case the railroad company employing him or her shall not be liable for damages to the persons for the arrest.
(b) All conductors on trains running in this state are authorized and empowered to act in the capacity of peace officers on their respective trains in this state for the specific purpose only to arrest any and all persons on their respective trains that they find to be
Source: Arkansas Code — historical release 78 (November 6, 2020) · 23-12-708
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:23-12-708
Source file: gov.ar.code.title.23.odt
Pages: Not recorded – Not recorded
Passage SHA-256: bb20985a33d2f5c70fb75a3eb8b26b0453b478191cc60d62e384e9d224f55b6f
Source location: content.xml paragraph 7703
Stored source content
23-12-708. Drinking or drunkenness in public places — Arrests by railroad conductors.
(a)(1) Every railroad conductor is authorized and empowered to exercise, in every county in this state through which the train in the charge of the conductor passes, all his or her common law and statutory powers for the purpose of enforcing the provisions of § 5-71-212, and to arrest offenders against any such provisions. In so doing, they shall be considered as acting for the state and not as employees of the railroad company.
(2) Arrests for offenses against such provisions may be made by the conductor without warrant. Persons so arrested shall be delivered by him or her to some justice of the peace, district court judge, sheriff, constable, or police officer at some station or place within the county in which the offense was committed, for trial as provided by law.
(3) If the train has passed from the county in which the offense was committed and for which the arrest shall have been made, then the conductor shall deliver the person so arrested to some officer of another county, and he or she shall be held and delivered to some officer of the county in which the offense was committed to be there held for trial as provided by law.
(4) When any railroad conductor, who is actually engaged in the discharge of his or her duty, makes a legal arrest under the provisions of this subsection, then and in that case the railroad company employing him or her shall not be liable for damages to the persons for the arrest.
(b) All conductors on trains running in this state are authorized and empowered to act in the capacity of peace officers on their respective trains in this state for the specific purpose only to arrest any and all persons on their respective trains that they find to be drunk or in an intoxicated condition and deliver those persons, together with the names of two (2) witnesses who are not railroad employees, to some peace officer at first available opportunity. The conductor is authorized and empowered to deputize any person or persons present to assist him or her in the performance of this duty.
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Arkansas Code — all titles (historical 2020) · legal_authorities
5-71-212. Public intoxication — Drinking in public.
(a) A person commits the offense of public intoxication if he or she appears in a public place manifestly under the influence of alcohol or a controlled substance to the degree and under circumstances such that:
(1) The person is likely to endanger himself or herself or another person or property; or
(2) The person unreasonably annoys a person in his or her vicinity.
(b)(1) Public intoxication is a Class C misdemeanor.
(2)(A) Public intoxication is an unclassified misdemeanor if the person has been convicted of public intoxication two (2) or more times within five (5) years of the date of the current offense.
(B) If convicted of the unclassified misdemeanor of public intoxication for a third or subsequent offense of public intoxication occurring within a five-year period, in addition to a fine of no more than five hundred dollars ($500), the person may be sentenced to:
(i) Probation not to exceed one (1) year, with a condition that the defendant enroll in a program of treatment or counseling for alcohol abuse or alcohol dependency;
(ii) A term not to exceed thirty (30) days in a county jail, with an additional probationary period to include as a condition of probation that the defendant enroll in a program of treatment or counseling for alcohol abuse or alcohol dependency, with the total time of jail and probation not to exceed one (1) year; and
(iii) Provided that with regard to any revocation of probation under subdivision (b)(2)(B)(i) or subdivision (b)(2)(B)(ii) of this section, that any jail sentence imposed for revocation of probation not exceed thirty (30) days in the county jail.
(c) A person commits the offense of drinking in public if the person, other than in a place of business licensed
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-71-212
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 5-71-212. This identifies an authority to review, not proof of applicability.