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Criminal Justice

SB549

To Ensure That Mandated Costs And Fees Paid By A Defendant In A Criminal Case Shall Be Refunded Upon An Acquittal, A Dismissal, Or An Order Of Nolle Prosequi.

Introduced

Last Action (March 20, 2025): Sine Die adjournment

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AI-Generated Summary

Senate Bill 549 requires the state to refund mandated costs and fees to a defendant in a criminal case if the defendant is acquitted, if charges are dismissed, or if an order of nolle prosequi is entered. The bill defines 'mandated costs and fees' broadly to include court filing costs, service fees, ignition interlock device costs, pretrial supervision costs, and ankle monitor fees. If a defendant is acquitted or has charges dismissed for only some counts while being convicted of others, the bill mandates a refund only for the costs specifically associated with the dismissed or acquitted charges. The purpose is to ensure that individuals not convicted of criminal charges are reimbursed for the financial burdens imposed during the prosecution process.

Potential Impact Analysis

Who Might Benefit?

The primary beneficiaries are individuals who have been charged with crimes but are subsequently acquitted, have their charges dismissed, or have the prosecutor drop charges via nolle prosequi. These individuals will regain the financial resources they spent on court-ordered fees and supervision costs during the legal proceedings.

Who Might Suffer?

The primary groups negatively impacted are state and local government agencies that currently retain court fees and supervision costs regardless of the outcome of a case. These entities, including court systems, law enforcement agencies, and pretrial service providers, may face budgetary shortfalls or administrative burdens associated with processing and issuing these refunds.

Read Full Bill on arkleg.state.ar.us