Bill > SB630

This bill modifies Arkansas law to require that only a judge, not a jury, determine sentencing for felony and misdemeanor cases, with the exception of capital murder cases. Specifically, the bill changes existing sentencing procedures by eliminating the jury's role in determining punishment after a guilty verdict. Under the new provisions, once a jury finds a defendant guilty, they will be discharged, and the court (judge) will take over to determine sentencing. The bill provides several rationales for this change, including the technical nature of sentencing, the public's interest in consistent sentencing across similar offenses, the cost of incarceration, and the belief that trained judicial officers are better equipped to address sentencing in a coordinated manner. The legislation amends two sections of Arkansas Code (§ 5-4-103 and § 16-97-101) to implement these changes, removing language about jury sentencing and inserting provisions that explicitly give sentencing authority to the court. The bill maintains that evidence from the trial can be considered during sentencing, and allows the court to conduct additional proceedings as needed to determine an appropriate sentence.

Justice

https://arkleg.state.ar.us/Bills/Detail?id=sb630&ddBienniumSession=2025%2F2025R