Arkansas Code of 1987 (2023)
Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101)
Subtitle 1 - GENERAL PROVISIONS (§§ 5-1-101 — 5-5-501)
Chapter 4 - DISPOSITION OF OFFENDERS (§§ 5-4-101 — 5-4-913)
Subchapter 4 - IMPRISONMENT (§§ 5-4-401 — 5-4-405)
Section 5-4-403 - Multiple sentences - Concurrent and consecutive terms

• (a) Except as provided in subsections (c) and (e) of this section, when multiple sentences of imprisonment are imposed on a defendant convicted of more than one (1) offense, including an offense for which a previous suspension or probation has been revoked, the sentences shall run concurrently unless, upon recommendation of the jury or the court's own motion, the court orders the sentences to run consecutively.

• (b) When a sentence of imprisonment is imposed on a defendant who has previously been sentenced to imprisonment, whether by a court of this state, a court of another state, or a federal court, the subsequent sentence shall run concurrently with any undischarged portion of the previous sentence unless, upon recommendation of the jury or the court's own motion, the court imposing the subsequent sentence orders it to run consecutively with the previous sentence.

• (c) The power of the court to order that sentences run consecutively is subject to the following limitations:
  • (1) A sentence of imprisonment for a misdemeanor and a sentence of imprisonment for a felony shall run concurrently, and both sentences are satisfied by service of sentence for a felony; and
  • (2) The aggregate of consecutive terms for misdemeanors shall not exceed one (1) year.

• (d) The court is not bound by a recommendation of the jury concerning a sentencing option under this section.

• (e)
  • (1) If a defendant is sentenced to an additional term of imprisonment due to a sentence enhancement and the statute governing the sentence enhancement provides that the sentence enhancement shall run consecutively, the sentence enhancement shall run consecutively to the sentence imposed for the underlying offense.
  • (2) If a defendant is convicted of a felony for an offense committed while serving a term of imprisonment at a facility operated or contracted by the Division of Correction or the Division of Community Correction, the sentence for the offense committed while serving the term of imprisonment shall run consecutively to the sentence for which the defendant was serving the term of imprisonment.
  • (3) If a defendant is convicted of a felony for an offense committed while on post-release supervision, the sentence for the offense committed while on post-release supervision shall run consecutively to the sentence for which the defendant was subject to post-release supervision.

Amended by Act 2023, No. 659,§ 15, eff. 1/1/2024.

Amended by Act 2023, No. 659,§ 14, eff. 1/1/2024.

Acts 1975, No. 280, § 903; A.S.A. 1947, § 41-903; Acts 2001, No. 1644, § 1.