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Arkansas General Assembly· SB 549Sine Die adjournment

An act TO ENSURE THAT MANDATED COSTS AND FEES PAID BY 10 A DEFENDANT IN A CRIMINAL CASE SHALL BE REFUNDED UPON 11 AN ACQUITTAL, A DISMISSAL, OR AN ORDER OF NOLLE 12 PROSEQUI, the official text

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Stricken language would be deleted from and underlined language would be added to present law.

1 State of Arkansas                 A Bill
2 95th General Assembly

3 Regular Session, 2025                                          SENATE BILL 549

4

5 By: Senator G. Leding

6 By: Representative Womack

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8                            For An Act To Be Entitled

9   AN ACT TO ENSURE THAT MANDATED COSTS AND FEES PAID BY

10  A DEFENDANT IN A CRIMINAL CASE SHALL BE REFUNDED UPON

11  AN ACQUITTAL, A DISMISSAL, OR AN ORDER OF NOLLE

12  PROSEQUI; AND FOR OTHER PURPOSES.

13

14

15                                  Subtitle

16                       TO ENSURE THAT MANDATED COSTS AND FEES

17                       PAID BY A DEFENDANT IN A CRIMINAL CASE

18                       SHALL BE REFUNDED UPON AN ACQUITTAL, A

19                       DISMISSAL, OR AN ORDER OF NOLLE

20                       PROSEQUI.

21

22 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:

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24  SECTION 1. Arkansas Code Title 16, Chapter 92, Subchapter 1, is

25 amended to add an additional section to read as follows:

26  16-92-107. Mandated costs and fees -- Defendant refunded -- Definition.

27  (a) As used in this section, "mandated costs and fees" includes

28 without limitation any sum that is required to be paid by the defendant that

29 is associated with being subject to a prosecution, including without

30 limitation court filing costs and fees, service costs and fees, ignition

31 interlock device costs and fees, pretrial supervision costs and fees, and

32 ankle monitor costs and fees.

33  (b) Any mandated costs and fees paid by a defendant in a criminal case

34 shall be refunded to the defendant if:

35  (1) He or she is acquitted of the charge or charges; or

36  (2) The charge or charges are otherwise dismissed or an order of

    *CEB233*                                              03/20/2025 3:21:18 PM CEB233
                                               SB549

1 nolle prosequi is entered.

2   (c) If a defendant is acquitted of one (1) or more charges or if an

3 order of dismissal or nolle prosequi is entered for one (1) or more charges

4 but he or she is convicted of the remaining charge or charges in the case,

5 only the mandated costs and fees paid by the defendant that are specifically

6 associated with the charge or charges described in subsection (b) of this

7 section shall be refunded to the defendant.

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