2018 Arkansas Code
Title 16 - Practice, Procedure, and Courts
Subtitle 6 - Criminal Procedure Generally
Chapter 90 - Judgment and Sentence Generally
Subchapter 1 - General Provisions
§ 16-90-120. Felony with firearm

(a) Any person convicted of any offense that is classified by the laws of this state as a felony who employed any firearm of any character as a means of committing or escaping from the felony, in the discretion of the sentencing court, may be subjected to an additional period of confinement in the Department of Correction for a period not to exceed fifteen (15) years.

(b) The period of confinement, if any, imposed under this section shall be in addition to any fine or penalty provided by law as punishment for the felony itself. Any additional prison sentence imposed under the provisions of this section, if any, shall run consecutively and not concurrently with any period of confinement imposed for conviction of the felony itself.

(c) A separate appeal may be taken to the Supreme Court from the imposition of the sentence, if any, provided for by this section, and any appeal shall be in the manner prescribed for appellate review of conviction of criminal offenses in general. However, the sole and only question to be decided upon the separate appeal shall be whether the evidence warrants a finding that the defendant actually employed a firearm in the commission of, or escape from commission of, the felony for which he or she stands convicted.

(d) Any reversal of a defendant's conviction for the commission of the felony shall automatically reverse the prison sentence which may be imposed under this section.

(e) (1) For an offense committed on or after July 2, 2007, notwithstanding any law allowing the award of meritorious good time or any other law to the contrary, except as provided in subdivision (e)(1)(B)(ii) of this section, any person who is sentenced under subsection (a) of this section is not eligible for parole or community correction transfer until the person serves:

• (A) Seventy percent (70%) of the term of imprisonment to which the person is sentenced under subsection (a) of this section if the underlying felony was any of the following:

  • (i) Murder in the first degree, § 5-10-102;

  • (ii) Kidnapping that is a Class Y felony, § 5-11-102;

  • (iii) Aggravated robbery, § 5-12-103;

  • (iv) Rape, § 5-14-103;

  • (v) Causing a catastrophe, § 5-38-202(a);

  • (vi) Trafficking methamphetamine, § 5-64-440(b)(1);

  • (vii) Manufacturing methamphetamine, § 5-64-423(a) or former § 5-64-401; or

  • (viii) Possession of drug paraphernalia with the purpose to manufacture methamphetamine, former § 5-64-403(c)(5);

• (B) (i) Except as provided in subdivision (e)(1)(B)(ii) of this section, seventy percent (70%) of the term of imprisonment to which the person is sentenced under subsection (a) of this section if the underlying felony was any of the following:

  • (a) Manufacturing methamphetamine, § 5-64-423(a) or former § 5-64-401;

  • (b) Possession of drug paraphernalia with the intent to manufacture methamphetamine, former § 5-64-403(c)(5); or

  • (c) Trafficking methamphetamine, § 5-64-440(b)(1).

    • (ii) The person is eligible for parole or community correction transfer if the person serves at least fifty percent (50%) of the term of imprisonment to which the person is sentenced under subsection (a) of this section for the offenses listed in subdivision (e)(1)(B)(i) of this section with credit for the award of meritorious good time under § 12-29-201 unless the person is sentenced to a term of life imprisonment. The time served by any person under this subdivision (e)(1)(B)(ii) shall not be reduced to less than fifty percent (50%) of the person's original sentence under subsection (a) of this section; or

• (C) Either one-third (1/3) or one-half (1/2) of the term of imprisonment to which the person is sentenced under subsection (a) of this section with credit for meritorious good time and depending on the seriousness determination made by the Arkansas Sentencing Commission if the underlying felony was any felony not listed in subdivision (e)(1)(A) of this section or subdivision (e)(1)(B) of this section.

  • (2) The sentencing court may waive subdivision (e)(1) of this section if all of the following circumstances exist:

    • (A) The defendant was a juvenile when the offense was committed;

    • (B) The defendant was merely an accomplice to the offense; and

    • (C) The offense was committed on or after July 31, 2007.

(f) A person who commits the offense of possession of drug paraphernalia with the purpose to manufacture methamphetamine, § 5-64-443, after July 27, 2011, shall not be subject to the provisions of this section.