Ark. Code Ann. » Title 16 Chapter 91
Arkansas Code Annotated

Ark. Code Ann. § 16-91-110 (2020)

Bail bond

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  1. The bail bond provided for in this section shall be filed in the office of the clerk of the court in which the conviction is had, and a copy thereof shall be attached to the bill of exceptions and shall be made a part of the transcript to be filed in the Supreme Court.
    1. Except those offenses provided for in subdivisions (b)(2) and (3) of this section, when a criminal defendant has been found guilty of or pleaded guilty or nolo contendere to a criminal offense and is sentenced to serve a term of imprisonment, and the criminal defendant has filed an appeal, the court shall not release the defendant on bail or otherwise pending appeal unless the court finds:
      1. By clear and convincing evidence that the person is not likely to flee or that there is not a substantial risk that the defendant will commit a serious crime, intimidate witnesses, harass or take retaliatory action against any juror, or otherwise interfere with the administration of justice or pose a danger to the safety of any other person; and
      2. That the appeal is not for the purpose of delay and that it raises a substantial question of law or fact.
    2. When a criminal defendant has been found guilty of or pleaded guilty or nolo contendere to a criminal offense of capital murder, § 5-10-101, the court shall not release the defendant on bail or otherwise pending appeal or for any reason.
    3. When a criminal defendant has been found guilty, pleaded guilty, or pleaded nolo contendere to a criminal offense of murder in the first degree, § 5-10-102, rape, § 5-14-103, aggravated robbery, § 5-12-103, aggravated assault upon a law enforcement officer or an employee of a correctional facility, § 5-13-211, if a Class Y felony, or causing a catastrophe, § 5-38-202(a), or the criminal offense of kidnapping, § 5-11-102, or arson, § 5-38-301, when classified as Class Y felonies, manufacturing methamphetamine, § 5-64-423(a) or the former § 5-64-401, and is sentenced to death or a term of imprisonment, the court shall not release the defendant on bail or otherwise pending appeal or for any reason.
    1. If the appeal is granted by the circuit court, the appeal bond shall be conditioned that the defendant surrender himself or herself in the Supreme Court upon the dismissal of the appeal or upon the rendition of final judgment upon the appeal.
      1. If the defendant fails to surrender himself or herself in the Supreme Court in compliance with the conditions of his or her bond, the Supreme Court shall direct that fact to be entered on its records and shall adjudge the bail bond of the defendant, or the money deposited in lieu thereof, to be forfeited.
      2. The Clerk of the Supreme Court shall immediately make and forward to the clerk of the circuit court of the county in which the defendant was tried a certified copy of the judgment of the Supreme Court.
    3. The circuit clerk shall file the copy and shall immediately issue a summons against the sureties on the bail bond requiring them to appear and show cause why judgment should not be rendered against them for the sum specified in the bail bond on account of the forfeiture thereof, which summons shall be made returnable and shall be executed as in civil actions, and the action shall be docketed and shall proceed as an ordinary civil action.
    4. The summons may be served in any county in the state, and the service of the summons on the defendant or defendants in any county in the state shall give the court complete jurisdiction of the defendant and the cause.
    5. No pleadings on the part of the state shall be required in such cases.
    1. If the court in which the case is tried refuses to grant an appeal and the appeal shall thereafter be granted by any justice or justices of the Supreme Court, the bond shall be conditioned that, upon the dismissal of the appeal or the rendition of the final judgment therein by the Supreme Court, the defendant shall surrender himself or herself in execution of the judgment.
    2. If the appeal is not granted by the court in which the defendant was convicted, the bail bond shall also be conditioned that, if the appeal is not granted by any justice or justices of the Supreme Court, the defendant shall, immediately upon the denial of an appeal, surrender himself or herself to the county sheriff of the county in which he or she was convicted in execution of the judgment and sentence of the trial court.

History. Acts 1899, No. 158, §§ 3, 4, p. 291; C. & M. Dig., §§ 2959, 2960, 3398-3402; Acts 1927, No. 6, § 1; Pope's Dig., §§ 3775, 3776, 4241 — 4245; A.S.A. 1947, §§ 43-2715 — 43-2719; Acts 1987, No. 31, § 1; 1994 (1st Ex. Sess.), No. 3, § 1; 1997, No. 1135, § 1; 2011, No. 570, § 83; 2017, No. 367, § 14.

A.C.R.C. Notes. Acts 2011, No. 570, § 1, provided: “The intent of this act is to implement comprehensive measures designed to reduce recidivism, hold offenders accountable, and contain correction costs.”

Publisher's Notes. Acts 1994 (1st Ex. Sess.), No. 3, § 2, provided:

“This act may be known and cited as the ‘Officer Henry Callenan Memorial Post-Conviction Appeal Bond Elimination Act’.”

The procedural provisions of this section were declared superseded by Ark. R. Crim. P. 36.5 through Ark. R. Crim. P. 36.8 (now see Ark. R. App. P. Crim. 6) in Casement v. State, 318 Ark. 225, 884 S.W.2d 593 (1994).

Amendments. The 2011 amendment substituted “manufacturing methamphetamine, § 5-64-423(a) or the former § 5-64-401” for “or manufacturing methamphetamine in violation of § 5-64-401” in (b)(3).

The 2017 amendment inserted “aggravated assault upon a law enforcement officer or an employee of a correctional facility, § 5-13-211, if a Class Y felony” in (b)(3).

Cross References. Bail on appeal, Ark. R. App. P. Crim. 6.

Case Notes

Construction.

The language of subdivision (b)(3) of this section clearly indicates that it is the responsibility of the sentencing court in a first-degree murder or Class Y felony case to refuse release on bail or pending appeal; nothing is said concerning a situation where a party is already under an appeal bond for first-degree murder and is subsequently brought into another court on an unrelated charge. Foreman v. State, 317 Ark. 146, 875 S.W.2d 853 (1994).

Appellate Review.

The remedy of the writ of certiorari is appropriate to review bail bond proceedings. Casement v. State, 318 Ark. 225, 884 S.W.2d 593 (1994).

Because the appellate court affirmed the trial court's judgment convicting defendant of possession of drug paraphernalia with intent to manufacture and possession of a controlled substance, defendant's issue of bail pending appeal became moot and the appellate court did not have to decide moot issues; the appropriate and meaningful action that defendant could have taken would have been to petition the appellate court for a writ of certiorari separately challenging the trial court's denial of an appeal bond. Walley v. State, 353 Ark. 586, 112 S.W.3d 349 (2003).

Denial of Bail.

Trial court's order denying bail pending appeal was upheld by appellate court where trial court concluded that appeal was intended only for purposes of delay and did not raise a substantial question of law or fact. Vineyard v. State, 29 Ark. App. 180, 782 S.W.2d 370 (1989).

Discretion of Court.

Where the circuit court set bond for defendant in the amount of $1,000,000, “cash only,” explicitly for the purpose of putting it out of reach, and where the court failed to consider the factors set forth in Ark. R. Crim. P. 9.2(c), it exceeded the bounds of its discretion in arbitrarily setting bail at such a level. Foreman v. State, 317 Ark. 146, 875 S.W.2d 853 (1994).

Effect of Amendments.

Acts 1994 (1st Ex. Sess.), No. 3, § 1, amended this section by adding certain Class Y felonies to those offenses for which appeal bond is prohibited; otherwise, this section, which has been in place since 1987, was unchanged by the 1994 legislation. Casement v. State, 318 Ark. 225, 884 S.W.2d 593 (1994).

Factors Considered.

Both this section and former Ark. R. Crim. P. 36.5 (now see Ark. R. App. P. Crim. 6) require trial court to consider whether criminal defendant (1) will appear at the conclusion of appellate proceedings, and (2) the likelihood of conviction, before granting bond on appeal. Vineyard v. State, 29 Ark. App. 180, 782 S.W.2d 370 (1989).

Supersession of Section.

The post-conviction appeal bond provisions of this section are “procedural” and within the scope of former Ark. R. Crim. P. 36.5 through 36.8 (now see Ark. R. App. P. Crim. 6). Casement v. State, 318 Ark. 225, 884 S.W.2d 593 (1994).

The purpose of former Ark. R. Crim. P. 36.5 (now see Ark. R. App. P. Crim. 6) is to establish criteria requiring release pending appeal or fixing of bail only after a finding that disqualifying factors are not present; to the extent that the court rule conflicts with this section, the rule controls. Casement v. State, 318 Ark. 225, 884 S.W.2d 593 (1994).

Notes of Decisions
Cited in 4 cases, 1989–2012 · leading case: Casement v. State, 884 S.W.2d 593 (Ark. 1994).
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Casement v. State, 884 S.W.2d 593 (Ark. 1994). · cites it 20× “We note preliminarily that the challenged Act was effective from and after its approval on March 4, 1994 and amended existing Ark. Code Ann. § 16-91-110 (Adv.Code Serv.”
Rowe v. Hobbs, 2012 Ark. 244, 410 S.W.3d 40. · cites it 2× “In 1997, Act 1135, section 2(a) amended Ark.Code Ann. § 16-91-110, which deals with bail bonds, to also provide that any person who is found guilty, pleads guilty, or pleads nolo contendré to manufacturing methamphetamine shall not be eligible for parole until a minimum of…”
Vineyard v. State, 782 S.W.2d 370 (Ark. Ct. App. 1989). · cites it 8× “And the trial court clearly informed counsel that it was the court’s opinion that under Ark. Code Ann. § 16-91-110 (b)(2) (Supp. 1987) (as amended by Act 31 of 1987), counsel had the burden of establishing that the appeal was “not for the purpose of delay and that it raises a…”
Olmstead v. Olmstead, 284 S.W.3d 27 (Ark. 2008). · cites it 2× “6(b)(1) (2007); see also Ark. Code Ann. § 16-91-110 (Repl. 2006). Here, Olmstead was found guilty of criminal contempt, was sentenced to a term of imprisonment and fined $1,000, and has filed a notice of appeal.”
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