Ark. Code Ann. § 16-84-203 (2026)
Certain absences excused
- No forfeiture of any appearance or bail bond shall be rendered in any case where a sworn statement of a licensed court-appointed physician is furnished the court showing that the principal in the bond is prevented from attending by some physical or mental disability or where a sworn affidavit of the jailer, warden, or other responsible officer of a jail or correctional facility in which the principal is being detained shall be furnished to the court, or a sworn affidavit of any officer in charge is furnished to the court showing that the principal in the bond is prevented from attending due to the fact that he or she is being detained by a force claiming to act under the authority of the federal government that neither the state nor the surety could control.
- The appearance or bail bond shall remain in full force and effect until the principal is physically or mentally able to appear or until a detainer against the principal is filed with the detaining authority.
History. Acts 1989, No. 417, § 5; 2005, No. 1994, § 283.
Amendments. The 2005 amendment, in (a), substituted “correctional facility” for “penitentiary” and inserted “or she.”
Case Notes
Applicability.
The summons required by this section is intended to inform those who post bail for others that unless they produce the defendant within 20 days, they will be liable for the defendant's bail; this section does not apply to defendants who post their own bail. Flynn v. Greene County, 12 Ark. App. 386, 676 S.W.2d 766 (1984).
Basis of Action.
In a proceeding against the sureties on a forfeited bail-bond, the bail-bond itself is the basis of the action and must, in connection with the order of forfeiture, present a complete cause of action. Phillips v. State, 100 Ark. 515, 140 S.W. 734, 1911 Ark. LEXIS 395 (1911).
Timeliness.
Proceedings ordering final judgment against surety in the amount of a bail-bond were not prematurely instituted, although brought in the same term of the court as the original order of forfeiture was entered, since the proceedings were instituted after the adjournment of the session of court at which the original order of forfeiture was entered. Central Cas. Co. v. State, 233 Ark. 832, 349 S.W.2d 135 (1961).
Cited: Central Cas. Co. v. State, 233 Ark. 832, 349 S.W.2d 135 (1961); Miranda v. State, 304 Ark. 567, 803 S.W.2d 910 (1991).
16-84-204 — 16-84-206. [Repealed.]
Publisher's Notes. As to repeal of these sections, see Publisher's Notes at beginning of subchapter.