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5-4-904. Eligibility.
Arkansas Code — all titles (historical 2020) · legal_authorities
5-4-904. Eligibility.
(a) The judicial district in which a person is charged with a felony shall have in place a pre-adjudication probation program as authorized by this subchapter before this subchapter may be utilized by the person charged with the felony, the circuit court with jurisdiction, or the state.
(b) A person charged with a felony is eligible to participate in a pre-adjudication probation program if:
(1) The circuit court with jurisdiction over the case and the prosecuting attorney agree; and
(2) The person is not charged with one (1) of the following criminal offenses:
(A) A criminal offense for which the person would be required to register as a sex offender under the Sex Offender Registration Act of 1997, § 12-12-901 et seq.;
(B) A felony involving violence as listed in § 5-4-501(d)(2);
(C) A felony involving a victim who was seventeen (17) years of age or younger at the time the felony was committed; or
(D) A felony involving a victim who was sixty-five (65) years of age or older at the time the felony was committed.
(c)(1) A person charged with a traffic offense committed in any type of motor vehicle who was a holder of a commercial learner's permit or commercial driver license at the time the traffic offense was committed is ineligible to participate in a pre-adjudication probation program.
(2) As used in subdivision (c)(1) of this section, “traffic offense” does not include a parking violation, motor vehicle weight violation, or motor vehicle defect violation.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-4-904
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:5-4-904
Source file: gov.ar.code.title.05.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 72810e6b0d6f5761ce957f1071d3dec7dc4332626b8c9dd92a273f6f9fb9b1f7
Source location: content.xml paragraph 7064
Stored source content
5-4-904. Eligibility.
(a) The judicial district in which a person is charged with a felony shall have in place a pre-adjudication probation program as authorized by this subchapter before this subchapter may be utilized by the person charged with the felony, the circuit court with jurisdiction, or the state.
(b) A person charged with a felony is eligible to participate in a pre-adjudication probation program if:
(1) The circuit court with jurisdiction over the case and the prosecuting attorney agree; and
(2) The person is not charged with one (1) of the following criminal offenses:
(A) A criminal offense for which the person would be required to register as a sex offender under the Sex Offender Registration Act of 1997, § 12-12-901 et seq.;
(B) A felony involving violence as listed in § 5-4-501(d)(2);
(C) A felony involving a victim who was seventeen (17) years of age or younger at the time the felony was committed; or
(D) A felony involving a victim who was sixty-five (65) years of age or older at the time the felony was committed.
(c)(1) A person charged with a traffic offense committed in any type of motor vehicle who was a holder of a commercial learner's permit or commercial driver license at the time the traffic offense was committed is ineligible to participate in a pre-adjudication probation program.
(2) As used in subdivision (c)(1) of this section, “traffic offense” does not include a parking violation, motor vehicle weight violation, or motor vehicle defect violation.
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Arkansas Code — all titles (historical 2020) · legal_authorities
12-12-901. Title.
This subchapter shall be known and may be cited as the “Sex Offender Registration Act of 1997”.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 12-12-901
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 12-12-901. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
5-4-501. Habitual offenders — Sentencing for felony.
(a)(1) A defendant meeting the following criteria may be sentenced to pay any fine authorized by law for the felony conviction and to an extended term of imprisonment as set forth in subdivision (a)(2) of this section:
(A) A defendant who:
(i) Is convicted of a felony other than those enumerated in subsections (c) and (d) of this section committed after June 30, 1993; and
(ii) Has previously been convicted of more than one (1) felony but fewer than four (4) felonies or who has been found guilty of more than one (1) but fewer than four (4) felonies;
(B) A defendant who:
(i) Is convicted of any felony enumerated in subsection (c) of this section committed after August 31, 1997; and
(ii) Has previously been convicted of more than one (1) felony but fewer than four (4) felonies not enumerated in subsection (c) of this section or who has been found guilty of more than one (1) but fewer than four (4) felonies not enumerated in subsection (c) of this section; or
(C) A defendant who:
(i) Is convicted of any felony enumerated in subsection (d) of this section committed after August 31, 1997; and
(ii) Has previously been convicted of more than one (1) felony but fewer than four (4) felonies not enumerated in subsection (d) of this section or has been found guilty of more than one (1) but fewer than four (4) felonies not enumerated in subsection (d) of this section.
(2) The extended term of imprisonment for a defendant described in subdivision (a)(1) of this section is as follows:
(A) For a conviction of a Class Y felony, a term of imprisonment of not less than ten (10) years nor more than sixty (60) years, or life;
(B) For a conviction of a Class A felony, a term of imprisonment of not less than six (6
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-4-501
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 5-4-501. This identifies an authority to review, not proof of applicability.