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SB 549

TO ENSURE THAT MANDATED COSTS AND FEES PAID BY A DEFENDANT IN A CRIMINAL CASE SHALL BE REFUNDED UPON AN ACQUITTAL, A DISMISSAL, OR AN ORDER OF NOLLE PROSEQUI.

2025 Regular Session Introduced by Greg Leding and 1 co-sponsor

Arkansas bill requiring refund of court costs and fees to defendants acquitted, with charges dismissed, or prosecution withdrawn.

Sine Die adjournment
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WeVote Research Nonpartisan
Bill Summary · SB 549

Legislative bill overview

SB 549 requires Arkansas to refund all court-mandated costs and fees paid by defendants whose criminal cases result in acquittal, dismissal, or nolle prosequi (prosecution withdrawal). This applies specifically to fees imposed as conditions of the criminal case, not fines or restitution. The bill aims to prevent defendants from bearing financial burdens after their cases are resolved in their favor.

Why is this important

Defendants acquitted or having charges dismissed currently lose money paid toward court costs and fees, creating a financial penalty despite legal vindication. This particularly affects low-income defendants who cannot absorb these losses. The bill addresses concerns about fairness and the principle that innocent defendants should not subsidize the judicial system that prosecuted them.

Potential points of contention

  • Court funding impact: Refunding costs and fees could reduce revenue available for courthouse operations, potentially requiring alternative funding sources or reduced services
  • Administrative burden: Courts would need new systems to track, identify, and process refunds for dismissed or acquitted cases, adding operational complexity
  • Scope definition: Ambiguity about which "mandated costs and fees" qualify for refund (filing fees, public defender recovery costs, lab fees, etc.) versus genuine restitution or fines
  • Retroactivity questions: Whether refunds apply only to future cases or also reach back to past acquittals and dismissals

Compiled from official sources — confirm details with the bill’s official record.

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