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2017 Arkansas Code
Title 5 - Criminal Offenses
Subtitle 1 - General Provisions
Chapter 4 - Disposition of Offenders
Subchapter 1 - General Provisions
§ 5-4-106. Extended post-conviction no contact order
Universal Citation: AR Code § 5-4-106 (2017)
- (a) As used in this section:
- (1) "Extended post-conviction no contact order" means an order issued by a court to a defendant after a conviction for an offense listed in subsection (b) of this section that contains terms as described in subsection (d) of this section; and
- (2) "Victim" means:
- (A) A person against whom an offense listed in subsection (b) of this section was committed; or
- (B) A family member of a person against whom capital murder, § 5-10-101, murder in the first degree, § 5-10-102, or murder in the second degree, § 5-10-103, was committed.
- (b) At the request of the prosecuting attorney, a court shall determine whether to issue an extended post-conviction no contact order to a person convicted of one (1) or more of the following offenses:
- (1) Capital murder, § 5-10-101, or attempted capital murder;
- (2) Murder in the first degree, § 5-10-102, or attempted murder in the first degree;
- (3) Murder in the second degree, § 5-10-103, or attempted murder in the second degree;
- (4) Kidnapping, § 5-11-102;
- (5) Battery in the first degree, § 5-13-201;
- (6) Battery in the second degree, § 5-13-202;
- (7) Rape, § 5-14-103;
- (8) Sexual assault in the first degree, § 5-14-124;
- (9) Domestic battering in the first degree, § 5-26-303;
- (10) Domestic battering in the second degree, § 5-26-304; or
- (11) Aggravated assault upon a law enforcement officer or an employee of a correctional facility, § 5-13-211, if a Class Y felony.
- (c)
- (1) If a request is made under subsection (b) of this section, the court shall order the defendant to show cause why an extended post-conviction no contact order shall not be issued and shall hold a show cause hearing at the sentencing of the defendant.
- (2) A victim has the right to be heard at the show cause hearing.
- (d) If the court determines after the show cause hearing under subsection (c) of this section that the defendant should be subject to an extended post-conviction no contact order, the court shall:
- (1) Enter written findings of fact and the grounds on which the extended post-conviction no contact order is issued;
- (2) Determine the time period the extended post-conviction no contact order is effective, up to the life of the defendant, and include the time period in the extended post-conviction no contact order;
- (3) Determine the terms described in subsection (e) of this section to be included in the extended post-conviction no contact order and include the terms in the extended post-conviction no contact order;
- (4) Issue the extended post-conviction no contact order in a separate document from the judgment imposing the sentence on the defendant; and
- (5) Provide a copy of the extended post-conviction no contact order to the defendant.
- (e) The court may include one (1) or more of the following terms in the extended post-conviction no contact order:
- (1) Order the defendant not to threaten, visit, assault, molest, or otherwise interfere with the victim;
- (2) Order the defendant not to follow the victim, including at the victim's workplace;
- (3) Order the defendant not to harass the victim;
- (4) Order the defendant not to abuse or injure the victim;
- (5) Order the defendant not to contact the victim by telephone, written communication, or electronic means; or
- (6) Order the defendant to refrain from entering or remaining present at the victim's residence, school, place of employment, or other specified place at times when the victim is present.
- (f)
- (1) An extended post-conviction no contact order entered under this section shall be enforced by a law enforcement agency without further order by the court.
- (2) A law enforcement officer shall arrest and take a person into custody, with or without a warrant or other process, if the law enforcement officer has probable cause to believe that the person knowingly violated an extended post-conviction no contact order.
- (g) Upon petition by either the prosecuting attorney or the person subject to the extended post-conviction no contact order, an extended post-conviction no contact order may be modified or terminated by the court if circumstances change that substantially alter:
- (1) A term or condition of the extended post-conviction no contact order; or
- (2) The reason for the issuance of the extended post-conviction no contact order.
- (h) A person who knowingly violates an extended post-conviction no contact order upon conviction is guilty of a Class A misdemeanor.
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