Shown verbatim: the complete text as captured from the official PDF posted by the Arkansas General Assembly, fetched 2026-07-23. Page and line markers are part of the official record; nothing is edited or removed. The official bill page.
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 630
4
5 By: Senator B. Davis
6
7
8 For An Act To Be Entitled
9 AN ACT TO REQUIRE ONLY A COURT TO FIX PUNISHMENT IF A
10 DEFENDANT IS CHARGED WITH A FELONY OR MISDEMEANOR; TO
11 AMEND THE LAW CONCERNING BIFURCATED SENTENCING
12 PROCEDURES; TO REQUIRE ONLY A JUDGE TO SENTENCE A
13 DEFENDANT FOR A CHARGE THAT RESULTS IN A CONVICTION;
14 AND FOR OTHER PURPOSES.
15
16
17 Subtitle
18 TO REQUIRE ONLY A COURT TO FIX
19 PUNISHMENT IF A DEFENDANT IS CHARGED
20 WITH A FELONY OR MISDEMEANOR; AND TO
21 REQUIRE ONLY A JUDGE TO SENTENCE A
22 DEFENDANT FOR A CHARGE THAT RESULTS IN A
23 CONVICTION.
24
25 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
26
27 SECTION 1. Arkansas Code � 5-4-103 is amended to read as follows:
28 5-4-103. Sentencing -- Role of jury and court.
29 (a) If Except in a case in which a defendant is charged with capital
30 murder, � 5-10-101, if a defendant is charged with a felony or misdemeanor
31 and is found guilty of an offense by a jury, the jury court shall fix
32 punishment in a separate proceeding as authorized by this chapter according
33 to � 16-97-101 et seq.
34 (b) Except as provided by �� 5-4-601 -- 5-4-605, � 5-4-607, and � 5-4-
35 608, the court shall fix punishment as authorized by this chapter in any case
36 in which:
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1 (1) The defendant pleads guilty to an offense;
2 (2) The defendant's guilt is tried by the court;
3 (3) The jury fails to agree on punishment defendant's guilt is
4 tried by a jury;
5 (4) The prosecution and the defense agree that the court may fix
6 punishment; or
7 (5) A jury sentence is found by the trial court or an appellate
8 court to be in excess of the punishment authorized by law.
9 (c) It is the intent of this section to require sentencing in non-
10 capital criminal cases be conducted by the court and not by a jury because of
11 the:
12 (1) Technical nature of sentencing;
13 (2) Public interest in consistent and predictable sentencing for
14 similar offenses;
15 (3) Cost of incarceration; and
16 (4) Opportunity to address sentencing in a coordinated fashion,
17 which is available when sentencing is conducted by trained judicial officers.
18
19 SECTION 2. Arkansas Code � 16-97-101 is amended to read as follows:
20 16-97-101. Bifurcated sentencing procedures.
21 The following procedure shall govern jury trials, which include any
22 felony or misdemeanor charges, except in a case in which the defendant is
23 charged with capital murder, � 5-10-101:
24 (1) The jury shall first hear all evidence relevant to every
25 charge on which a defendant is being tried and shall retire to reach a
26 verdict on each charge;
27 (2)(A) If the defendant is found guilty of one (1) or more
28 charges, the jury shall then hear additional evidence relevant to sentencing
29 on those charges. Evidence introduced in the guilt phase may be considered,
30 but need not be reintroduced at the sentencing phase Following the conclusion
31 of the jury finding of the defendant's guilt or innocence, the court shall
32 discharge the jury and order an applicable conviction.
33 (B) The court shall then sentence the defendant for a
34 charge that results in a conviction.
35 (C) In order to sentence the defendant, the court may:
36 (i) Consider evidence admitted at the first stage of
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1 the trial; and
2 (ii) Conduct additional proceedings that are
3 necessary or beneficial in determining an appropriate sentence or other
4 judicial response to the conviction entered by the court;
5 (3) Following the introduction of additional evidence relevant
6 to sentencing, if any, instruction on the law, and argument, the jury shall
7 again retire and determine a sentence within the statutory range;
8 (4) The court, in its discretion, may also instruct the jury
9 that counsel may argue as to alternative sentences for which the defendant
10 may qualify. The jury, in its discretion, may make a recommendation as to an
11 alternative sentence. However, this recommendation shall not be binding on
12 the court;
13 (5) After a jury finds guilt, the defendant, with the agreement
14 of the prosecution and the consent of the court, may waive jury sentencing,
15 in which case the court shall impose sentence; and
16 (6) After a plea of guilty, the defendant, with the agreement of
17 the prosecution and the consent of the court, may shall be sentenced by a
18 jury impaneled for purposes of sentencing only the court.
19 (4) It is the intent of this section to require sentencing in
20 noncapital criminal cases be conducted by the court and not by a jury because
21 of the:
22 (A) Technical nature of sentencing;
23 (B) Public interest in consistent and predictable
24 sentencing for similar offenses;
25 (C) Cost of incarceration; and
26 (D) Opportunity to address sentencing in a coordinated
27 fashion, which is available when sentencing is conducted by trained judicial
28 officers.
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3 04/04/2025 4:50:47 PM CEB312Every fact on this page links to its source, starting with the official bill record.