Ark. Code § 9-27-501

Current with all legislation passed during the 2023 Regular and First Extraordinary Sessions.

Section 9-27-501 - Extended juvenile jurisdiction designation

(a) The state may request an extended juvenile jurisdiction designation in a delinquency petition or file a separate motion if the:

(1) Juvenile, under thirteen (13) years of age at the time of the alleged offense, is charged with capital murder, § 5-10-101, or murder in the first degree, § 5-10-102, and the state has overcome presumptions of lack of fitness to proceed and lack of capacity as set forth in § 9-27-502;

(2)

(A) Juvenile, thirteen (13) years of age at the time of the alleged offense, is charged with capital murder, § 5-10-101, or murder in the first degree, § 5-10-102.

(B) However, juveniles thirteen (13) years of age at the time of the alleged offense shall have an evaluation pursuant to § 9-27-502, and the burden will be upon the juvenile to establish lack of fitness to proceed and lack of capacity;

(3) Juvenile, fourteen (14) or fifteen (15) years of age at the time of the alleged offense, is charged with any of the following crimes:

(A) Capital murder, § 5-10-101;

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

(C) Murder in the second degree, § 5-10-103;

(D) Kidnapping, § 5-11-102;

(E) Aggravated robbery, § 5-12-103;

(F) Battery in the first degree, § 5-13-201;

(G) Battery in the second degree in violation of § 5-13-202(a)(2), (3), or (4);

(H) Aggravated assault, § 5-13-204;

(I) Terroristic act, § 5-13-310;

(J) Rape, § 5-14-103;

(K) Sexual assault in the second degree, § 5-14-125;

(L) First degree escape, § 5-54-110;

(M) Second degree escape, § 5-54-111;

(N) Criminal use of prohibited weapons, § 5-73-104;

(O) Possession of a handgun on school property, § 5-73-119(b)(1)(A);

(P) Unlawful discharge of a firearm from a vehicle, § 5-74-107;

(Q) Any felony involving a firearm;

(R) Soliciting or recruiting a minor to join or to remain a member of a criminal gang, organization, or enterprise, § 5-74-203; or

(S) A felony attempt, solicitation, or conspiracy to commit any of the following offenses:

(i) Capital murder, § 5-10-101;

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

(iii) Murder in the second degree, § 5-10-103;

(iv) Kidnapping, § 5-11-102;

(v) Aggravated robbery, § 5-12-103;

(vi) Battery in the first degree, § 5-13-201;

(vii) Rape, § 5-14-103;

(viii) First degree escape, § 5-54-110; and

(ix) Second degree escape, § 5-54-111; or

(4) Juvenile is at least sixteen (16) years of age when he or she engages in conduct that, if committed by an adult, would be a felony.

(b) The juvenile's attorney may file a motion to request extended juvenile jurisdiction if the state could have filed pursuant to subsection (a) of this section.

Ark. Code § 9-27-501

Amended by Act 2023, No. 692,§ 1, eff. 8/1/2023.

Acts 1999, No. 1192, § 1; 2003, No. 1809, § 13