Arkansas Code Title 19. Public Finance § 19-5-949. Children's Trust Fund
Current as of January 01, 2020 | Updated by FindLaw Staff
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(a) There is established on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State a fund to be known as the “Children's Trust Fund”.
(b) The fund shall consist of those special revenues as specified in § 19-6-301(189) and moneys received from the United States Government, other governments, or persons or any other entities that do not obligate the State of Arkansas, there to be used by the Department of Human Services.
(1) A sentence to pay a fine for a felony shall be a sentence to pay an amount, fixed by the court, not exceeding:
(a) $500,000 for murder or aggravated murder.
(b) $375,000 for a Class A felony.
(c) $250,000 for a Class B felony.
(d) $125,000 for a Class C felony.
(2) A sentence to pay a fine for an unclassified felony shall be a sentence to pay an amount, fixed by the court, as provided in the statute defining the crime.
(3)(a) If a person has gained money or property through the commission of a felony, then upon conviction thereof the court, in lieu of imposing the fine authorized for the crime under subsection (1) or (2) of this section, may sentence the defendant to pay an amount, fixed by the court, not exceeding double the amount of the defendant's gain from the commission of the crime.
(b) The provisions of paragraph (a) of this subsection do not apply to the felony theft of a companion animal, as defined in ORS 164.055, or a captive wild animal.
(4) As used in this section, “gain” means the amount of money or the value of property derived from the commission of the felony, less the amount of money or the value of property returned to the victim of the crime or seized by or surrendered to lawful authority before the time sentence is imposed. “Value” shall be determined by the standards established in ORS 164.115.
(5) When the court imposes a fine for a felony the court shall make a finding as to the amount of the defendant's gain from the crime. If the record does not contain sufficient evidence to support a finding the court may conduct a hearing upon the issue.
(6) Except as provided in ORS 161.655, this section does not apply to a corporation.
Cite this article: FindLaw.com - Arkansas Code Title 19. Public Finance § 19-5-949. Children's Trust Fund - last updated January 01, 2020 | https://codes.findlaw.com/ar/title-19-public-finance/ar-code-sect-19-5-949.html
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