Ark. Code Ann. § 9-27-103 (2020)

Subchapter 2 — Juvenile Officers

[Repealed.]

9-27-201 — 9-27-206. [Repealed.]

Publisher's Notes. This subchapter was repealed by Acts 1997, No. 1171, § 3. The subchapter was derived from the following sources:

9-27-201. Acts 1985, No. 550, § 1; A.S.A. 1947, § 45-701.

9-27-202. Acts 1985, No. 550, § 2; A.S.A. 1947, § 45-702.

9-27-203. Acts 1985, No. 550, §§ 3, 4; A.S.A. 1947, §§ 45-703, 45-704; Acts 1997, No. 250, § 52.

9-27-204. Acts 1985, No. 550, § 5; A.S.A. 1947, § 45-705.

9-27-205. Acts 1985, No. 550, § 6; A.S.A. 1947, § 45-706.

9-27-206. Acts 1985, No. 550, § 7; A.S.A. 1947, § 45-707.

Subchapter 3 — Arkansas Juvenile Code

A.C.R.C. Notes. The contingency in Acts 2009, No. 758, § 29, was met by Acts 2009, No. 749.

Publisher's Notes. Former §§ 9-27-301 — 9-27-345, concerning the Arkansas Juvenile Code of 1975, were repealed by Acts 1989, No. 273, § 47. The former sections were derived from the following sources:

9-27-301. Acts 1975, No. 451, § 1; A.S.A. 1947, § 45-401.

9-27-302. Acts 1975, No. 451, § 2; 1979, No. 26, § 2; 1979, No. 815, § 10; A.S.A. 1947, §§ 45-402, 45-402.1, 45-406.

9-27-303. Acts 1975, No. 451, § 3; 1979, No. 815, § 2; A.S.A. 1947, § 45-403.

9-27-304. Acts 1975, No. 451, § 48; A.S.A. 1947, § 45-448.

9-27-305. Acts 1975, No. 451, § 4; A.S.A. 1947, § 45-404.

9-27-306. Acts 1975, No. 451, §§ 5, 6; 1979, No. 26, § 2; 1979, No. 815, §§ 8, 9; A.S.A. 1947, §§ 45-405 — 45-406.2.

9-27-307. Acts 1975, No. 451, § 5; A.S.A. 1947, § 45-405.

9-27-308. Acts 1975, No. 451, § 7; A.S.A. 1947, § 45-407.

9-27-309. Acts 1975, No. 451, § 42; A.S.A. 1947, § 45-442.

9-27-310. Acts 1975, No. 451, §§ 8, 9, 40; 1977, No. 447, § 1; A.S.A. 1947, §§ 45-408, 45-409, 45-440.

9-27-311. Acts 1975, No. 451, §§ 10, 11; A.S.A. 1947, §§ 45-410, 45-411.

9-27-312. Acts 1975, No. 451, § 12; A.S.A. 1947, § 45-412.

9-27-313. Acts 1975, No. 451, § 14; A.S.A. 1947, § 45-414.

9-27-314. Acts 1975, No. 451, § 15; A.S.A. 1947, § 45-415.

9-27-315. Acts 1975, No. 451, § 17; 1979, No. 815, § 3; A.S.A. 1947, § 45-417.

9-27-316. Acts 1975, No. 451, § 18; 1979, No. 815, § 3; 1981, No. 244, § 1; A.S.A. 1947, § 45-418.

9-27-317. Acts 1975, No. 451, § 19; 1979, No. 815, § 3; A.S.A. 1947, § 45-419.

9-27-318. Acts 1975, No. 451, § 13; 1981, No. 394, § 1; 1985, No. 425, § 2; 1985, No. 672, § 2; A.S.A. 1947, § 45-413; Acts 1987, No. 752, § 1.

9-27-319. Acts 1975, No. 451, § 13; 1981, No. 394, § 1; A.S.A. 1947, § 45-413.

9-27-320. Acts 1981, No. 393, §§ 1, 2; A.S.A. 1947, §§ 45-453, 45-454.

9-27-321. Acts 1981, No. 396, § 1; A.S.A. 1947, § 45-411.1.

9-27-322. Acts 1981, No. 396, § 1; A.S.A. 1947, § 45-411.1.

9-27-323. Acts 1981, No. 396, § 1; A.S.A. 1947, § 45-411.1.

9-27-324. Acts 1975, No. 451, § 20; 1981, No. 397, § 1; A.S.A. 1947, § 45-420.

9-27-325. Acts 1975, No. 451, § 21; 1981, No. 111, § 1; A.S.A. 1947, § 45-421.

9-27-326. Acts 1975, No. 451, § 21; 1981, No. 111, § 1; A.S.A. 1947, § 45-421.

9-27-327. Acts 1975, No. 451, § 21; 1981, No. 111, § 1; A.S.A. 1947, § 45-421.

9-27-328. Acts 1975, No. 451, § 21; 1981, No. 111, § 1; A.S.A. 1947, § 45-421.

9-27-329. Acts 1975, No. 451, § 21; 1981, No. 111, § 1; A.S.A. 1947, § 45-421.

9-27-330. Acts 1975, No. 451, § 21; 1981, No. 111, § 1; A.S.A. 1947, § 45-421.

9-27-331. Acts 1975, No. 451, § 21; 1981, No. 111, § 1; A.S.A. 1947, § 45-421.

9-27-332. Acts 1975, No. 451, § 22; A.S.A. 1947, § 45-422.

9-27-333. Acts 1975, No. 451, § 37; A.S.A. 1947, § 45-437.

9-27-334. Acts 1975, No. 451, § 38; 1979, No. 815, § 4; 1981, No. 112, § 1; A.S.A. 1947, § 45-438.

9-27-335. Acts 1975, No. 451, §§ 23, 24; 1979, No. 694, §§ 1, 2; A.S.A. 1947, §§ 45-422.1, 45-423, 45-424.

9-27-336. Acts 1975, No. 451, § 25; 1979, No. 694, §§ 1, 3; A.S.A. 1947, §§ 45-422.1, 45-425.

9-27-337. Acts 1975, No. 451, § 26; A.S.A. 1947, § 45-426.

9-27-338. Acts 1975, No. 451, § 27; A.S.A. 1947, § 45-427.

9-27-339. Acts 1975, No. 451, § 30; A.S.A. 1947, § 45-430.

9-27-340. Acts 1975, No. 451, § 28; A.S.A. 1947, § 45-428.

9-27-341. Acts 1975, No. 451, § 28; A.S.A. 1947, § 45-428.

9-27-342. Acts 1975, No. 451, § 36; 1981, No. 395, § 1; 1983, No. 404, § 1; A.S.A. 1947, § 45-436.

9-27-343. Acts 1975, No. 451, § 36; 1981, No. 395, § 1; A.S.A. 1947, § 45-436.

9-27-344. Acts 1975, No. 451, § 36; 1981, No. 395, § 1; A.S.A. 1947, § 45-436; Acts 1987, No. 673, § 1.

9-27-345. Acts 1975, No. 451, § 36; 1981, No. 395, § 1; A.S.A. 1947, § 45-436.

Former §§ 9-27-346 — 9-27-356, concerning child placement, were repealed by Acts 1989, No. 273, § 47. The former sections were derived from the following sources:

9-27-346. Acts 1975, No. 451, § 36; 1981, No. 395, § 1; 1985, No. 868, § 1; A.S.A. 1947, § 45-436.

9-27-347. Acts 1975, No. 451, § 36; 1981, No. 395, § 1; 1985, No. 868, § 1; A.S.A. 1947, § 45-436.

9-27-348. Acts 1975, No. 451, § 36; 1981, No. 395, § 1; 1985, No. 868, § 1; A.S.A. 1947, § 45-436.

9-27-349. Acts 1975, No. 451, § 36; 1981, No. 395, § 1; 1985, No. 868, § 1; A.S.A. 1947, § 45-436.

9-27-350. Acts 1975, No. 451, § 36; 1981, No. 395, § 1; 1985, No. 868, § 1; A.S.A. 1947, § 45-436.

9-27-351. Acts 1975, No. 451, § 36; 1981, No. 395, § 1; 1985, No. 868, § 1; A.S.A. 1947, § 45-436.

9-27-352. Acts 1975, No. 451, § 36; 1981, No. 395, § 1; 1985, No. 868, § 1; A.S.A. 1947, § 45-436.

9-27-353. Acts 1975, No. 451, § 36; 1981, No. 395, § 1; 1985, No. 868, § 1; A.S.A. 1947, § 45-436.

9-27-354. Acts 1979, No. 815, § 1; A.S.A. 1947, § 45-450.

9-27-355. Acts 1975, No. 451, § 32; A.S.A. 1947, § 45-432.

9-27-356. Acts 1975, No. 451, §§ 6, 35; 1979, No. 26, § 2; A.S.A. 1947, §§ 45-406, 45-435.

Former sections 9-27-357 and 9-27-358 have been renumbered as §§ 9-27-346 and 9-27-347, respectively.

Former §§ 9-27-359 — 9-27-363, concerning juvenile courts and proceedings, were repealed by Acts 1989, No. 273, § 47. The former sections were derived from the following sources:

9-27-359. Acts 1975, No. 451, § 40; 1977, No. 447, § 1; A.S.A. 1947, § 45-440.

9-27-360. Acts 1975, No. 451, § 29; A.S.A. 1947, § 45-429.

9-27-361. Acts 1975, No. 451, § 41; 1979, No. 815, § 7; 1981, No. 804, § 1; A.S.A. 1947, §§ 45-441, 45-441.1.

9-27-362. Acts 1975, No. 451, § 47; A.S.A. 1947, § 45-447; Acts 1987, No. 783, § 1.

9-27-363. Acts 1975, No. 451, § 44; A.S.A. 1947, § 45-444.

Former §§ 9-27-364 — 9-27-366 have been renumbered as §§ 9-27-348, 9-27-349, and 9-27-350, respectively.

Former § 9-27-367, concerning contributing to the delinquency of a minor, was repealed by Acts 1989, No. 273, § 47. The section was derived from Acts 1975, No. 451, § 45; A.S.A. 1947, § 45-445. For current law, see § 5-27-209.

Former § 9-27-368 has been renumbered as § 9-27-351.

Cross References. Jurisdiction of district courts to incarcerate juvenile defendants, § 16-17-133.

Preambles. Acts 2005, No. 1176 contained a preamble which read:

“Whereas, the Arkansas Child Maltreatment Act, Arkansas Code § 12-12-501 et seq., is the law that allows doctors and hospital staff to report child abuse and neglect to the Arkansas State Police Child Abuse Hotline; and

“Whereas, the Arkansas State Police Child Abuse Hotline is a twenty-four-hour toll-free service that triggers the initiation of an investigation of child maltreatment; and

“Whereas, currently, the Arkansas State Police Child Abuse Hotline will not accept reports related to newborn children being born with an illegal substance present in their system as a result of the pregnant mother's use before birth of an illegal substance or with a health problem as a result of the pregnant mother's use before birth of an illegal substance; and

“Whereas, in order for the newborn child to be protected by the Arkansas Child Maltreatment Act and receive services, the Arkansas State Police Child Abuse Hotline must accept reports of this nature; and

“Whereas, this act is necessary to clarify the law so that the Arkansas State Police Child Abuse Hotline can accept reports of this nature and so that the newborn children can be provided services to protect their health and safety.

“Now therefore, … .”

Effective Dates. Acts 1989, No. 273, § 49: Aug. 1, 1989.

Acts 1989 (3rd Ex. Sess.), No. 34, § 6: Nov. 8, 1989. Emergency clause provided: “It is hereby found and determined by the General Assembly that since the passage of Act 273 of 1989 there has arisen the need to clarify that certain cases brought by the prosecuting attorney or the Department of Human Services have traditionally been brought without the necessity of payment of a filing fee to the court clerk; that additional confusion has arisen over an unnecessary requirement that the prosecuting attorney accompany delinquency petitions with a supporting affidavit of facts; that these two requirements constitute a burden on the juvenile justice system of this state; that it is in the best interests of all citizens of this state that these matters be clarified; that this act should become effective immediately upon its passage to alleviate these concerns. Therefore, an emergency is hereby declared to exist and this act being necessary for the preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1989 (3rd Ex. Sess.), No. 76, § 4: Nov. 17, 1989. Emergency clause provided: “It is hereby found and determined by the General Assembly that the Juvenile Code of 1989 has unreasonably restricted law enforcement officers in their ability to detain juveniles alleged to have committed delinquent acts, that federal requirements permit holding an alleged juvenile for up to twenty-four (24) hours, that it is imperative that law enforcement officers be permitted to hold juveniles longer in order to determine whether the juvenile should be detained or released prior to adjudication. Therefore, an emergency is hereby declared to exist and this act being necessary for the preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1991, No. 763, § 8: Mar. 26, 1991. Emergency clause provided: “It is hereby found and determined by the General Assembly that it is necessary to prohibit the unnecessary incarceration of juveniles, to prohibit such juveniles from being treated as criminals, to place such juveniles under proper care; and that the immediate passage of this act is necessary for the protection of juveniles. Therefore, an emergency is hereby declared to exist and this act being necessary for the preservation and protection of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1994 (2nd Ex. Sess.), Nos. 11 and 36, § 5: Aug. 22, 1994, Aug. 25, 1994, respectively. Emergency clause provided: “It is hereby found and determined by the Seventy-Ninth General Assembly of the State of Arkansas, meeting in the Second Extraordinary Session of 1994, that the current definition of ‘delinquent juvenile’ in the Juvenile Code does not include a juvenile who possesses a handgun and, possession of a handgun being a delinquent act, it is necessary immediately to amend the definition. Therefore, in order to amend the definition of ‘delinquent juvenile’ to include a juvenile who possesses a handgun, an emergency is hereby declared to exist and this act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1994 (2nd Ex. Sess.), Nos. 39 and 40, § 5: Aug. 25, 1994. Emergency clause provided: “It is hereby found and determined by the Seventy-Ninth General Assembly of the State of Arkansas meeting in the Second Extraordinary Session of 1994 that the number of serious offenses committed by juveniles has increased dramatically and that the discretion of prosecuting attorneys to charge serious juvenile offenders in circuit court should be broadened in order to deal effectively with those juveniles. Therefore, in order to invest prosecuting attorneys immediately with additional discretion to charge serious juvenile offenders in circuit court, an emergency is hereby declared to exist and this act being necessary for the immediate preservation of the public peace, health, and safety, shall be in full force and effect from and after its passage and approval.”

Acts 1994 (2nd Ex. Sess.), Nos. 55 and 56, § 7: Aug. 26, 1994. Emergency clause provided: “It is hereby found and determined by the Seventy-Ninth General Assembly of the State of Arkansas, meeting in the Second Extraordinary Session of 1994, that a serious shortage of juvenile detention facilities exists and that there is an urgent need to provide for a longer permissible period during which a juvenile may be held in an adult jail; that in order to enable counties to detain larger numbers of juveniles during the time necessary for such counties to construct additional juvenile detention facilities, the Governor needs authority to grant temporary waivers of certain restrictions on the manner of detaining juveniles; that possession of handguns and other unlawful weapons by juveniles is widespread and such possession contributes greatly to the incidence of violent crimes committed by juveniles; that serious measures are needed to remove handguns and other unlawful weapons from the hands of juveniles and to stop such possession; and that the authority of law enforcement officers to take juveniles into custody needs to be clarified. Therefore, in order to extend the time juveniles may be held in an adult jail; to invest the Governor with authority to grant temporary waivers of certain restrictions on the detention of juveniles; to immediately authorize the seizure, forfeiture, and destruction of unlawful weapons possessed by juveniles; to authorize the seizure and forfeiture of any vehicle in which a minor unlawfully possesses a weapon; to require detention of any juvenile who possesses a handgun or machine gun; and to clarify the authority of law enforcement officers to take juveniles into custody, an emergency is hereby declared to exist, and this act being immediately necessary for the preservation of the public peace, health, and safety shall be in full force and effect from and after its passage and approval.”

Acts 1994 (2nd Ex. Sess.), Nos. 61 and 62, § 8: Aug. 26, 1994. Emergency clause provided: “It is hereby found and determined by the General Assembly that in order to address the problem of juvenile crime it is necessary to authorize the commitment of delinquent juveniles to juvenile detention facilities; that present law now limits to two thousand dollars ($2,000) the amount a juvenile can be required to pay as restitution to victims, and that amount is becoming increasingly too low; that this act remedies both situations and should go into effect immediately in order to better protect the citizens of this state from the acts of delinquent juveniles and more adequately compensate the victims through restitution. Therefore, an emergency is hereby declared to exist, and this act being immediately necessary for the preservation of the public peace, health, and safety shall be in full force and effect from and after its passage and approval.”

Acts 1994 (2nd Ex. Sess.), Nos. 67 and 68, § 5: Aug. 26, 1994. Emergency clause provided: “It is hereby found and determined by the Seventy-Ninth General Assembly of the State of Arkansas meeting in the Second Extraordinary Session of 1994 that the present law requiring the written agreement of a parent, guardian, or custodian before a juvenile taken into custody on an allegation of delinquency may waive counsel and make a statement severely hampers the ability of law enforcement officers to question detained juveniles. It is further found that confusion exists as to the authority of law enforcement officers to question juvenile witnesses without the prior approval of a parent, guardian, or custodian. Therefore, in order to immediately allow juveniles taken into custody to waive counsel and make a statement under the same standard as adult arrestees, and to clarify the authority of law enforcement officers to take statements of juvenile witnesses, an emergency is hereby declared to exist and this act being necessary for the immediate preservation of the public peace, health, and safety, shall be in full force and effect from and after its passage and approval.”

Acts 1994 (2nd Ex. Sess.), Nos. 69 and 70, § 7: Aug. 26, 1994. Emergency clause provided: “It is hereby found and determined by the Seventy-Ninth General Assembly of the State of Arkansas meeting in the Second Extraordinary Session of 1994 that serious criminal offenses committed by juveniles have increased to an alarming level and that to deal effectively with serious juvenile crime prosecuting attorneys have any urgent need to learn of previous juvenile adjudications for which a juvenile could have been charged as an adult, that records of serious juvenile offenses need to be retained for an increased period of time, that school officials and victims need to be allowed to have information concerning the disposition of juvenile offenders, that the burden of proof necessary to revoke a juvenile delinquent's probation should be lessened and the court's dispositional alternatives upon revocation of parole broadened, and that the Arkansas Crime Information Center needs immediate authority to maintain fingerprints and other records of juvenile delinquency adjudications. Therefore, in order to immediately accomplish the above-listed objectives, an emergency is hereby declared to exist and this act being necessary for the immediate preservation of the public peace, health, and safety, shall be in full force and effect from and after its passage and approval.”

Acts 1995, No. 909, § 5: Apr. 5, 1995. Emergency clause provided: “It is hereby found and determined by the General Assembly that parental rights should be terminated in certain instances of severe sexual and physical abuse in order to protect the welfare of the child; that this act so provides; that this act should go into effect immediately in order to grant maximum protection to minors as soon as possible. Therefore an emergency is hereby declared to exist and this act being necessary for the preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1995, No. 1337, § 14: Apr. 17, 1995. Emergency clause provided: “It is hereby found and determined by the General Assembly that in instances where a determination is to be made as to whether a child should remain in an abusive home, that decision should be made based upon the best interest in the child; that this act so provides; and that this act should go into effect as soon as possible so that the standard is made clear immediately that the best interest of the child should always be the paramount consideration in determining whether a child is to remain in an abusive home. Therefore, an emergency is hereby declared to exist and this act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1997, No. 1227, § 19: Apr. 7, 1997. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that there is an important public interest in providing quality representation to juveniles and parents in dependency-neglect proceedings, pursuant to Ark. Code Ann. 9-27-316. It is further determined that children are the state's most treasured future resource and recent studies indicate that children and their parents have not always received quality representation and sometimes have gone without representation in dependency-neglect proceedings in the past because the counties of Arkansas have been unable to provide adequate representation due to lack of funding and uniform application of the law. To insure the best interests of Arkansas' children in achieving a safe and permanent home, to comply with federal law mandating appointment of guardians ad litem in dependency-neglect cases, and to prevent the loss of federal funding, a statewide system for quality dependency-neglect representation must be established. Therefore an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective on the date of its approval by the Governor. If the bill is neither approved nor vetoed by the Governor, it shall become effective on the expiration of the period of time during which the Governor may veto the bill. If the bill is vetoed by the Governor and the veto is overridden, it shall become effective on the date the last house overrides the veto.”

Acts 1999, No. 401, § 20: Mar. 4, 1999. Emergency clause provided: “It is hereby found and determined by the Eighty-second General Assembly that in November, 1997, the United States Congress passed Public Law 105-89, the Adoption and Safe Families Act. The primary emphasis of the act is ensuring that the health and safety of children is the paramount concern by the child welfare agency and the court in making decisions about the life of a child. The requirements in this state law are a requirement for continued federal funding of child welfare services in Arkansas. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective on the date of its approval by the Governor. If the bill is neither approved nor vetoed by the Governor, it shall become effective on the expiration of the period of time during which the Governor may veto the bill. If the bill is vetoed by the Governor and the veto is overridden, it shall become effective on the date the last house overrides the veto.”

Acts 2003, No. 1473, § 74: July 1, 2003. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act includes technical corrects to Act 923 of 2003 which establishes the classification and compensation levels of state employees covered by the provisions of the Uniform Classification and Compensation Act; that Act 923 of 2003 will become effective on July 1, 2003; and that to avoid confusion this act must also effective on July 1, 2003. Therefore, an emergency is declared to exist and this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2003.”

Acts 2005, No. 874, § 3: Mar. 15, 2005. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that it is the best interest of the children of Arkansas that the effectiveness of this act shall be immediate; that in the event of an extension of the regular session, the delay in the effective date of this act could do irreparable harm to the children of this state as well as to interfere with the proper administration and provision of essential governmental programs; and that this act is immediately necessary to ensure that the placement of children removed from their homes is made in the best interests of the children who are removed from their homes. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2005, No. 1176, § 6: Mar. 24, 2005. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that, currently, the Arkansas State Police Child Abuse Hotline will not accept reports related to newborn children being born with an illegal substance present in their blood or urine as a result of the pregnant mother's use before birth of an illegal substance or with a health problem as a result of the pregnant mother's use before birth of an illegal substance; that in order for the newborn child to be protected by the Arkansas Child Maltreatment Act and receive services, the Arkansas State Police Child Abuse Hotline must accept reports of this nature; and that this act is immediately necessary to clarify the law so that the Arkansas State Police Child Abuse Hotline can accept reports of this nature and so that the newborn children can be provided services to protect their health and safety. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2007, No. 257, § 2: Mar. 9, 2007. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that juveniles who have committed an offense prior to eighteen (18) years of age are not charged in the juvenile division of circuit court because an adjudication in the juvenile division of circuit court cannot always be scheduled before the juvenile turns eighteen (18) years of age, despite the fact that the juvenile division of circuit court can continue jurisdiction up to twenty-one (21) years of age; that, as a result, juveniles who would normally be charged in the juvenile division of circuit court are being charged in the criminal division of circuit court; and that this act is immediately necessary because under current law, a juvenile who commits a misdemeanor has no legal consequence because the prosecutor does not have the authority to charge a juvenile misdemeanor in the criminal division of circuit court. Therefore, an emergency is declared to exist and this act being necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2007, No. 1022, § 6: Apr. 4, 2007. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that there is a critical need for judicial intervention and support for effective treatment programs that reduce the incidence of drug use, drug addiction, and family separation due to parental substance abuse and drug-related crimes; that this act expands drug court programs and creates the Drug Court Advisory Committee; and that this act is immediately necessary because any delay in the expansion of drug court programs or the creation of the Drug Court Advisory Committee will harm citizens of this state who will benefit from judicial monitoring of intensive treatment and strict supervision of addicts in drug and drug-related cases. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2009, No. 334, § 2: Mar. 10, 2009. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that safety of students is of paramount importance to the state; that knowledge of juvenile safety plans are required by court order, the juvenile's school district must be made aware to ensure the safety of all students; and that this act is immediately necessary to allow school districts to address safety concerns in the schools as quickly and efficiently as possible. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2009, No. 758, § 29, provided: “Contingent Effectiveness. This act shall not become effective unless an act of the Eighty-Seventh General Assembly repealing the Arkansas Child Maltreatment Act, § 12-12-501 et seq., and enacting a new Child Maltreatment Act, § 12-18-101 et seq., becomes effective.” The contingency in Acts 2009, No. 758, § 29, was met by Acts 2009, No. 749.

Acts 2009, No. 956, § 34: Apr. 6, 2009. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that laws concerning juveniles need to be amended and updated; that the fair and efficient administration of juvenile law is highly important to society at large; and that this act is immediately necessary because the judiciary needs to begin addressing these changes in laws involving juveniles. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2015, No. 861, § 9: Mar. 31, 2015. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that an audit by the Federal Bureau of Investigation found that the Department of Human Services is out of compliance with federal law regarding the confidentiality of criminal background checks; and that this act is immediately necessary because the public health and safety are at risk so long as the department remains out of compliance with federal law because of the threat of easy access to confidential records of criminal background checks. Therefore, an emergency is declared to exist, and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2015, No. 1038, § 9: Apr. 4, 2015. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that federal law requires that the Department of Human Services amend the law addressed in this bill; that state law needs to comply with federal law; and that this act is necessary to avoid a violation of federal law. Therefore, an emergency is declared to exist, and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Identical Acts 2016 (3rd Ex. Sess.), Nos. 2 and 3, § 129: May 23, 2016. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the membership and duties of certain agencies, task forces, committees, and commissions and repeals other governmental entities; that these revisions and repeals of governmental entities impact the expenses and operations of state government; and that the provisions of this act should become effective as soon as possible to allow for implementation of the new provisions in advance of the upcoming fiscal year. Therefore, an emergency is declared to exist, and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2019, No. 189, § 15: July 1, 2020.

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019.”

Acts 2019, No. 945, § 11: July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that some juveniles in Arkansas may be unaware of their rights under the Arkansas Juvenile Code of 1989, § 9-27-301 et seq., the Child Maltreatment Act, § 12-18-101 et seq., and other applicable law; that some individuals and entities that are responsible for the welfare of a juvenile may be unaware of the rights of the juvenile under the Arkansas Juvenile Code of 1989, § 9-27-301 et seq., the Child Maltreatment Act, § 12-18-101 et seq., and other applicable law; that the creation of the Child Welfare Ombudsman Division within the Arkansas Child Abuse/Rape/Domestic Violence Commission will help increase awareness of a juvenile's legal rights; that independent oversight of the child welfare system in Arkansas is more than likely to result in recommendations that will further improve the procedures and operations of the child welfare system; and that this act is necessary for the preservation of the public peace, health, and safety. Therefore, an emergency is declared to exist, and this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019.”

Acts 2020, No. 144, § 45: July 1, 2020, except §§ 39-41, effective Apr. 20, 2020. Emergency clause provided: “It is found and determined by the General Assembly, that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a one (1) year period; that the effectiveness of this Act on July 1, 2020 is essential to the operation of the agency for which the appropriations in this Act are provided; with the exception that Sections 39 through 42 in this Act shall be in full force and effect from and after the date of its passage and approval, and that in the event of an extension of the Legislative Session, the delay in the effective date of this Act beyond July 1, 2020 could work irreparable harm upon the proper administration and provision of essential governmental programs, with the exception that Sections 39 through 42 in this Act shall be in full force and effect from and after the date of its passage and approval because it is found and determined by the General Assembly that the Governor has declared a public health emergency due to the spread of an outbreak of coronavirus disease 2019 (COVID-19); that public guidance from federal and state health officials strongly discourages gatherings of more than ten (10) individuals at this time to protect the health, safety, and welfare of Arkansas citizens; and that this act is immediately necessary to allow juvenile proceedings to occur in a time and manner that aligns with public health guidance and ensures the health, safety, and welfare of all parties. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 2020; with the exception that Sections 39 through Section 42 in this Act shall be in full force and effect from and after the date of its passage and approval.”