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Criminal Justice

SB442

To Ensure That Any Court Costs And Fees Paid By A Defendant In A Criminal Case Shall Be Refunded To Him Or Her If Found Not Guilty Or Acquitted.

Failed

Last Action (May 1, 2023): Sine Die adjournment

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AI-Generated Summary

Senate Bill 442 mandates that any court costs and fees paid by a defendant in a criminal case must be refunded if the defendant is found not guilty or acquitted. The legislation specifies that if a defendant is acquitted of some but not all charges, they are entitled to a refund of costs and fees specifically associated with the charge for which they were cleared. The bill broadly defines court costs and fees to include any payments made to a government entity or a third party responsible for remitting those sums to the government. This legislation creates a statutory right to reimbursement for individuals who have successfully contested criminal charges. It applies to cases handled in both district and circuit courts.

Potential Impact Analysis

Who Might Benefit?

The primary beneficiaries are defendants in criminal cases who are found not guilty or are acquitted of charges after having already paid court costs and fees. This provides financial relief to individuals who have been cleared of allegations by the court system.

Who Might Suffer?

The primary entities negatively impacted would be the government agencies and local judicial systems that currently retain court costs and fees paid by defendants. These entities, including counties and municipalities that rely on these assessments for funding, would be required to process and issue refunds, potentially creating an administrative burden and a reduction in total revenue collected through judicial fees.

Read Full Bill on arkleg.state.ar.us