Stricken language would be deleted from and underlined language would be added to present law.
1 State of Arkansas As Engrossed: S4/6/21
2 93rd General Assembly A Bill
3 Regular Session, 2021 SENATE BILL 315
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5 By: Senator B. Ballinger
6 By: Representative Bryant
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8 For An Act To Be Entitled
9 AN ACT CONCERNING THE ARKANSAS COURT SECURITY ACT; TO
10 ADDRESS COURTS THAT LACK PROPER SECURITY; TO CREATE
11 THE COURT SECURITY FEE; AND FOR OTHER PURPOSES.
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14 Subtitle
15 CONCERNING THE ARKANSAS COURT SECURITY
16 ACT; TO ADDRESS COURTS THAT LACK PROPER
17 SECURITY; TO CREATE THE COURT SECURITY
18 FEE.
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21 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
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23 SECTION 1. Arkansas Code Title 16, Chapter 10, Subchapter 10, is
24 amended to add an additional section to read as follows:
25 16-10-1007. Court security review Court security fee.
26 (a) The district court judge responsible for the district court
27 facility may submit a request to the Director of Security and Emergency
28 Preparedness for a court security review which shall consist of a
29 comprehensive review of the current security measures of that district court,
30 including all courtrooms, courthouses, judges' chambers, and administrative
31 offices that are part of the district court, as applicable.
32 (b)(1) The Director of Security and Emergency Preparedness shall
33 review the security measures and shall promptly prepare a report detailing
34 any notable lack of security measures or areas where security may be present
35 but insufficient.
36 (2) The report shall also include recommendations for additional
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1 security measures that would rectify any lack of or insufficient security
2 measures, as well as an estimated cost of establishing and maintaining those
3 additional security measures.
4 (c)(1) After the completion of the security review described under
5 subsection (b) of this section, the Director of Security and Emergency
6 Preparedness shall deliver a copy of the report under subsection (b) of this
7 section to the district court judge responsible for the district court
8 facility, the Director of the Administrative Office of the Courts, and the
9 Chief Justice of the Supreme Court for review.
10 (2) If the Director of the Administrative Office of the Courts
11 and the Chief Justice of the Supreme Court determine that the district court
12 facility of the district judge requesting the security review has
13 insufficient security measures, the Chief Justice of the Supreme Court may
14 authorize the district court judge responsible for the district court
15 facility to assess a court security fee to subsidize and maintain additional
16 security measures for the district court facility.
17 (3) The court security fee authorized under this subsection
18 shall be reviewed by the Director of Security and Emergency Preparedness, the
19 Director of the Administrative Office of the Courts, and the Chief Justice of
20 the Supreme Court periodically while it is implemented and may be modified or
21 deauthorized by the Chief Justice of the Supreme Court when the district
22 court judge responsible for the district court facility is able to maintain
23 sufficient security measures independent of the court security fee subsidy.
24 (d)(1) A court security fee under this section shall be assessed:
25 (A) On every conviction for a misdemeanor or violation in
26 the district court; and
27 (B) Upon the filing of a civil case or small claims case
28 in the district court.
29 (2) The amount of the court security fee under this section
30 shall be set by the Chief Justice of the Supreme Court upon review of an
31 initial recommendation by the district court judge responsible for the
32 district court facility, but shall not be more than ten dollars ($10.00) per
33 conviction or civil case or small claims filed, where applicable.
34 (3)(A)(i) The collecting officer of the court security fee under
35 this section shall remit the court security fees by the tenth of each month
36 to the treasurer of the administrative jurisdiction of the district court.
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1 (ii) The treasurer shall deposit the court security
2 fees into the district court security fee fund.
3 (B)(i) The funds under this subsection shall be
4 appropriated by the governing body of the administrative jurisdiction of the
5 district court.
6 (ii) Expenditures from the funds shall be approved
7 by the district court judge responsible for the district court facility and
8 shall be authorized and paid by laws governing the payment of county or
9 municipal claims.
10 (C) The court security fee shall be used solely for
11 district court security measures identified in the court security report
12 described under subsection (b) of this section.
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15 /s/B. Ballinger
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