Judges: WINSTON BRYANT, Attorney General
Filed Date: 1/27/1992
Status: Precedential
Modified Date: 7/5/2016
The Honorable Rita Gruber Circuit/Chancery Judge Sixth Judicial District 3201 West Roosevelt Road Little Rock, Arkansas 72204
Dear Judge Gruber:
This is in response to your request for an official opinion as to whether A.C.A. §
It is my opinion that the answer to your first question, as noted in the informal opinion, is "no."
That opinion noted that A.C.A. §
In addition to the imposition of any costs, penalties, or fines imposed pursuant to law, any person convicted of, or pleading guilty or nolo contendere to, a felony or a misdemeanor for violation of state law or local ordinance, the court shall levy a victim reparations assessment of twenty dollars ($20.00) for each felony and ten dollars ($10.00) for each misdemeanor violation of state law or local ordinance, upon every fine, penalty, and forfeiture imposed and collected.
As noted in the informal opinion, this provision does not apply to juvenile court because juveniles in those courts are not "convicted" but are rather found to be delinquent. You indicate, however, that although this is true, juveniles do plead guilty or nolo contendere, and you believe this brings these types of juvenile proceedings within the statute. I disagree. Even if juveniles plead guilty or nolo contendere, in juvenile court, they do not plead guilty or nolo contendere to felonies or misdemeanors as required by the statute. In order to plead guilty or nolo contendere to a felony or misdemeanor, in my opinion, one must be charged with such a crime.
Additionally, you reference A.C.A. §
It is the intent of the General Assembly to provide a method of compensating and assisting those persons within the state who are victims of criminal acts and who suffer personal injury or death. To this end, it is the further intent of the General Assembly to provide reparations, in the amount of expenses actually incurred as a direct result of the criminal acts of other persons, up to a maximum reparations amount of ten thousand dollars ($10,000). [Emphasis yours.]
You state that this section does not distinguish between adult and juvenile criminal acts. While this is true, this provision of law does not govern the instances in which the funding mechanism of the subchapter (the ten and twenty dollar fees) applies. This provision, rather, lends more interpretive weight to the subject of your second question, which addresses the persons entitled to receive compensation from the collected funds, as opposed to the persons funding the reparations.
Finally, in relation to your first question, you reference A.C.A. §
It is therefore my opinion, as concluded in the informal opinion, that the answer to your first question is "no."
Your second question is as follows:
If the court costs imposed by A.C.A. §
16-90-718 are not mandated in juvenile proceedings, may an uncompensated victim of a juvenile offense seek relief from the fund?
It is my opinion that the answer to this question is "yes."
Act 817 of 1987, which created the Crime Victims Reparations Board and provided the funding for reparations granted thereby, provides reparations to "victims," as defined at A.C.A. §
an act which occurs or is attempted in this state that results in personal injury or death to a victim, which act is punishable by fine, imprisonment, or death. . . . For the purposes of this subchapter, a person shall be deemed to have committed criminally injurious conduct notwithstanding that by reason of age, insanity, drunkenness, or other reason, he was legally incapable of committing a crime. [Emphasis added.]
It is my opinion that this definition would include acts committed by juveniles.
It is therefore my opinion that the answer to your second question is "yes."
The foregoing opinion, which I hereby approve, was prepared by Assistant Attorney General Elana L. Cunningham.
Sincerely,
WINSTON BRYANT Attorney General
WB:cyh