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5-5-204. Use or sale of conveyances — Disposition of sale proceeds.
Arkansas Code — all titles (historical 2020) · legal_authorities
5-5-204. Use or sale of conveyances — Disposition of sale proceeds.
(a)(1)(A) Upon conviction and a hearing, when the circuit court having jurisdiction over the conveyance seized finds by a preponderance of the evidence that a ground for a forfeiture exists under this subchapter, the circuit court may enter an order to sell the conveyance.
(B) After allowance for reasonable expenses of seizure and maintenance of custody of the conveyance, the proceeds from a sale under subdivision (a)(1)(A) of this section shall be used to satisfy any outstanding restitution under § 5-4-205 owed to a victim of an offense for which the conveyance was used, if the victim files a petition with the circuit court or makes a request to the circuit court within thirty (30) days of the filing of the judgment and commitment order of the convicted defendant.
(2) If there is not a victim of an offense owed restitution under § 5-4-205, the circuit court shall enter an order to:
(A) Permit the law enforcement agency or the prosecuting attorney for the judicial district in which the conveyance was seized to retain the conveyance for official use; or
(B)(i) Permit the law enforcement agency to sell the conveyance at a public or private sale.
(ii) In the event of a sale, the circuit court shall provide by order that the proceeds be used for payment of any proper expense of the proceeding for forfeiture and sale, including expenses of:
(a) Investigation;
(b) Seizure;
(c) Maintenance of custody;
(d) Advertising; and
(e) Court costs.
(b) Any proceeds from the sale of a forfeited conveyance under subdivision (a)(2)(B) of this section, or if there was a victim of an offense owed restitution under § 5-4-205, the proceeds remaining after the satisfaction of the victim's restitution und
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-5-204
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. A text match is a research starting point; applicability is not established.
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Record provenance
Stable record: arkansas_code:legal_authorities:5-5-204
Source file: gov.ar.code.title.05.odt
Pages: Not recorded – Not recorded
Passage SHA-256: eabca1c25bfbfd4369422a19061b6ce711516e6dff17c7ba40929f12ae4f89b6
Source location: content.xml paragraph 7378
Stored source content
5-5-204. Use or sale of conveyances — Disposition of sale proceeds.
(a)(1)(A) Upon conviction and a hearing, when the circuit court having jurisdiction over the conveyance seized finds by a preponderance of the evidence that a ground for a forfeiture exists under this subchapter, the circuit court may enter an order to sell the conveyance.
(B) After allowance for reasonable expenses of seizure and maintenance of custody of the conveyance, the proceeds from a sale under subdivision (a)(1)(A) of this section shall be used to satisfy any outstanding restitution under § 5-4-205 owed to a victim of an offense for which the conveyance was used, if the victim files a petition with the circuit court or makes a request to the circuit court within thirty (30) days of the filing of the judgment and commitment order of the convicted defendant.
(2) If there is not a victim of an offense owed restitution under § 5-4-205, the circuit court shall enter an order to:
(A) Permit the law enforcement agency or the prosecuting attorney for the judicial district in which the conveyance was seized to retain the conveyance for official use; or
(B)(i) Permit the law enforcement agency to sell the conveyance at a public or private sale.
(ii) In the event of a sale, the circuit court shall provide by order that the proceeds be used for payment of any proper expense of the proceeding for forfeiture and sale, including expenses of:
(a) Investigation;
(b) Seizure;
(c) Maintenance of custody;
(d) Advertising; and
(e) Court costs.
(b) Any proceeds from the sale of a forfeited conveyance under subdivision (a)(2)(B) of this section, or if there was a victim of an offense owed restitution under § 5-4-205, the proceeds remaining after the satisfaction of the victim's restitution under § 5-4-205 in excess of a proper expense shall be distributed as follows:
(1) Forty percent (40%) to be deposited into the State Treasury as special revenues to the credit of the Department of Arkansas State Police Fund;
(2)(A) Forty percent (40%) to the law enforcement agency that perfected the arrest.
(B) However, if a federal agency perfected the arrest, the forty percent (40%) under subdivision (b)(2)(A) of this section shall be distributed to the county sheriff's office of the county responsible for the prosecution; and
(3) Twenty percent (20%) to the county sheriff's office of the county responsible for the prosecution.
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Arkansas Code — all titles (historical 2020) · legal_authorities
5-4-205. Restitution.
(a)(1) A defendant who is found guilty or who enters a plea of guilty or nolo contendere to an offense may be ordered to pay restitution.
(2) If the court decides not to order restitution or orders restitution of only a portion of the loss suffered by the victim, the court shall state on the record in detail the reasons for not ordering restitution or for ordering restitution of only a portion of the loss.
(b)(1) Whether a trial court or a jury, the sentencing authority shall make a determination of actual economic loss caused to a victim by the offense.
(2) When an offense has resulted in bodily injury to a victim, a restitution order entered under this section may require that the defendant:
(A) Pay the cost of a necessary medical or related professional service or device relating to physical, psychiatric, and psychological care, including nonmedical care and treatment rendered in accordance with a recognized method of healing;
(B) Pay the cost of necessary physical and occupational therapy and rehabilitation;
(C)(i) Reimburse the victim for income lost by the victim as a result of the offense.
(ii) The maximum that a victim may recover for lost income is fifty thousand dollars ($50,000); and
(D) Pay an amount equal to the cost of a necessary funeral and related services in the case of an offense that resulted in bodily injury that also resulted in the death of a victim.
(3) When an offense has not resulted in bodily injury to a victim, a restitution order entered under this section may require that the defendant reimburse the victim for income lost by the victim as a result of the offense.
(4)(A) The determination of the amount of loss is a factual question to be decided by the preponderance of the evidence presented to the
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-4-205
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 5-4-205. This identifies an authority to review, not proof of applicability.