Bill Summary – FastDemocracy

Stricken language would be deleted from and underlined language would be added to present law.
                                          Act 1071 of the Regular Session
 1   State of Arkansas
 2   93rd General Assembly                        A Bill
 3   Regular Session, 2021                                                             HOUSE BILL 1792
 4
 5   By: Representatives Slape, A. Collins
 6   By: Senator Irvin
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 8                                     For An Act To Be Entitled
 9                    AN ACT CONCERNING THE COLLECTION OF FINES ORDERED TO
10                    BE PAID BY A PERSON CONVICTED OF A FELONY; AND FOR
11                    OTHER PURPOSES.
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14                                                 Subtitle
15                           CONCERNING THE COLLECTION OF FINES
16                           ORDERED TO BE PAID BY A PERSON CONVICTED
17                           OF A FELONY.
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20   BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
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22           SECTION 1.       Arkansas Code  5-4-101, concerning definitions used in
23   regard to disposition of offenders, is amended to add an additional
24   subdivision to read as follows:
25                    (7)    Delinquent means the defendant:
26                           (A)   Has failed to pay his or her fines and costs that
27   resulted from his or her felony conviction; and
28                           (B)   Has not paid his or her installment for three (3)
29   consecutive months if the defendant is on an installment payment plan.
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31           SECTION 2.       Arkansas Code Title 5, Chapter 4, Subchapter 2, is amended
32   to add an additional section to read as follows:
33           5-4-207.       Installment payments  Request for temporary acceptance.
34           (a)(1)      If a defendant is paying a fine or costs as the result of a
35   felony conviction in installments as authorized under  5-4-202(b), the
36   defendant may contact the entity with the responsibility to collect the fines
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                                                                                    HB1792
 1   or costs and request that the entity permit a lower installment payment based
 2   upon a demonstration of hardship.
 3                 (2)(A)     Lower installment payments may be accepted by the entity
 4   with the responsibility to collect the fines or costs under subdivision
 5   (a)(1) of this section for no more than three (3) consecutive months.
 6                          (B)   A request for and acceptance of lower installment
 7   payments in excess of or more than three (3) months shall be made by order of
 8   the circuit court.
 9        (b)(1)      A defendant shall not request permission under subsection (a)
10   of this section if the defendant's failure to pay is attributable to the
11   defendant's:
12                          (A)   Purposeful refusal to obey the sentence of the court;
13   or
14                          (B)   Refusal or failure to make a good-faith effort to
15   obtain the funds required for payment.
16                 (2)(A)     If a defendant becomes delinquent in his or her
17   installment payments and a warrant is issued for the defendants arrest, the
18   bond amount set by the court shall not exceed ten percent (10%) of the amount
19   of the defendants arrearage.
20                          (B)   However, a defendant is not delinquent during a period
21   in which he or she:
22                                 (i)    Has had his or her installment payment amount
23   lowered as provided under subsection (a) of this section; and
24                                 (ii)   Is making installment payments in accordance
25   with the lower payments as temporarily authorized under subsection (a) of
26   this section.
27        (c)(1)      An inmate in the Department of Corrections upon request is
28   permitted to file in the circuit court in which the inmate has outstanding
29   fines, court costs, fees, or restitution obligations notice to the circuit
30   court of his or her incarceration and to seek temporary abatement or the
31   imposition of reduced installment payments during the period of his or her
32   incarceration.
33                 (2)   An inmate in the department upon request may be allowed to
34   make arrangements during the time period six (6) months or less before his or
35   her release from custody to file in the circuit court in which the inmate has
36   outstanding fines, court costs, fees, or restitution obligations notice to
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                                                                                HB1792
 1   the circuit court of his or her impending release from incarceration and to
 2   seek temporary abatement or the imposition of reduced installment payments
 3   during the six-month period immediately following the scheduled release from
 4   incarceration.
 5        (d)(1)      If the circuit court determines that a hearing is necessary, a
 6   hearing under this subsection may be conducted.
 7                 (2)   The preferred method to conduct the hearing is by telephone,
 8   video conference, or other electronic means.
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11                                    APPROVED: 4/30/21
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Statutes affected: 
HB 1792: 5-4-101
Act 1071: 5-4-101