Ark. Code Ann. § 16-96-403 (2026)
Imposition by circuit court on appeal — Costs
The fines, penalties, forfeitures, and costs imposed by a circuit court for offenses which are misdemeanors or violations under state law or local ordinance or for traffic offenses which are misdemeanors or violations under state law or local ordinance in cases appealed from a court of limited jurisdiction shall be collected and disbursed in the following manner:
- If the appeal proceeds to a de novo bench trial or jury trial, the fines, penalties, forfeitures, and costs imposed by the circuit court shall be collected under § 16-13-709 and paid to the county treasurer;
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- If the defendant pleads guilty or nolo contendere or the circuit court dismisses the appeal, including dismissals under Arkansas Rules of Criminal Procedure 36(h), the judgment of the court from which the appeal originated shall be affirmed.
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- The circuit court clerk shall notify in writing, within thirty (30) days of the affirmance or dismissal, the court from which the appeal originated of the affirmance or dismissal and shall return any bond or other security which has been transmitted to the circuit court.
- Upon receipt of the notice of affirmance or dismissal and the bond or other security, the court from which the appeal originated shall collect and disburse the fines, penalties, forfeitures, and costs under §§ 14-44-108, 14-45-106, 16-10-209, 16-10-308, and 16-17-707; and
- Nothing in this section shall affect the right of a court of limited jurisdiction to require the defendant to post a bond or other security to guarantee the appearance of the defendant before the circuit court nor the ability of these courts to collect any fine, penalty, forfeiture, or costs imposed in the absence of the bond or other security.
History. Acts 1933, No. 148, § 1; Pope's Dig., § 11826; A.S.A. 1947, § 44-410; Acts 1995, No. 1252, § 1; 1997, No. 788, § 24; 1997, No. 1341, § 24; 1999, No. 1081, § 9; 2003, No. 1185, § 220; 2003, No. 1765, § 25; 2009, No. 633, § 17.
Amendments. The 2003 amendment by No. 1185 substituted “any court of limited jurisdiction” for “the municipal, city or police courts of this state” in the introductory paragraph; substituted “court from which the appeal originated” for “municipal, city or police court” in the introductory paragraph of (2); substituted “court from which the appeal originated” for “municipal, city or police court” in (2)(ii); and substituted “a court of limited jurisdiction” for “municipal, city or police courts” in (3).
The 2003 amendment by No. 1765 substituted “any court of limited jurisdiction” for “the municipal, city or police courts of this state” in the introductory paragraph; substituted “court from which the appeal originated” for “municipal, city or police court” in the introductory paragraph of (2); inserted “notify in writing” and deleted “notify in writing the municipal, city or police” following the second occurrence of “dismissal” in (2)(i); in (2)(ii), substituted “court from which the appeal originated” for “municipal, city or police court” and substituted “§§ 16-10-209, 16-10-308, 16-17-707, 16-18-104, 14-44-108, and 14-45-106” for “§§ 16-17-707”; and substituted “a court of limited jurisdiction” for “municipal, city or police courts” in (3).
The 2009 amendment subdivided (2), inserted “including dismissals under Arkansas Rules of Criminal Procedure 36(h)” in (2)(A), inserted “and shall return any bond or other security which has been transmitted to the circuit court” in (2)(B)(i), and inserted “and the bond or other security” in (2)(B)(ii); in (3), substituted “the defendant to post a bond or other security to guarantee the appearance of the defendant before the” for “a supersedeas bond for an appeal to” and substituted “the bond or other security” for “a supersedeas bond”; and made related and minor stylistic changes.
Cross References. Legislative intent of Acts 1997, No. 1341, § 16-10-601.
Legislative intent of Acts 1997, No. 788, § 16-10-601.
Subchapter 5 — Appeals to Circuit Court
Effective Dates. Acts 1874, No. 18, § 2: effective on passage.
Acts 1905, No. 151, § 5: effective 90 days after passage.
Acts 1945, No. 197, § 4: approved Mar. 7, 1945. Emergency clause provided: “It is hereby ascertained that since the passage of Act Number 125 of the Acts of the General Assembly of the year 1943, which Act is hereby repealed, many persons who were not informed of their legal rights or of the meaning of pleas of guilty have suffered grave injustices because they have been induced to enter pleas of guilty when they were in fact innocent, or, though guilty of some minor crime, have been wrongfully punished by judgments upon pleas of guilty of much more serious crimes involving far greater punishment than the facts warranted.
“It is further ascertained that many such persons remained ignorant of their rights too long to apply to the circuit judge of the county where they were convicted to have him grant an appeal from such conviction and were therefore denied a trial of their case de novo in the circuit court.
“For the foregoing reasons and because it should be and is the policy of the law to promote justice by insuring that every person accused of crime be afforded a fair and impartial trial after being fully informed of the crime which he is charged and given an opportunity to prepare and present his defense on appeal to a competent court, an emergency is hereby declared to exist and this Act shall take effect and be in force from and after its passage.”