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Ark. Code Ann. § 5-65-109

Presentencing report

Known as the Omnibus DWI or BWI Act

The act spans §§ 5-65-101 to 5-65-403 (44 sections).

Applied in 5 court decisions — leading case Lockhart v. State (2017)

Most recently applied in Lockhart v. State (January 2017)

Acts 1983, No. 549, § 6; A.S.A. 1947, § 75-2506; Acts 1991, No. 899, § 1; 1999, No. 1077, § 10; 2003, No. 129, § 1; 2007, No. 251, § 1; 2007, No. 827, § 77; 2013, No. 1107, § 3;…

How often courts cite this section

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citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(1) The court shall immediately request and the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services or its designee shall provide a presentence screening and assessment report of the defendant who pleads guilty or nolo contendere or is found guilty of violating § 5-65-103 or § 5-65-303.

(2) The presentence screening and assessment report shall be provided within thirty (30) days of the request.

(3) If the defendant's sentencing is delayed by the defendant after he or she pleads guilty or nolo contendere, or if he or she is found guilty, the clerk of the court shall notify the defendant by first-class mail sent to the defendant's last known address that he or she has fifteen (15) days to appear and show cause for failing to appear for sentencing.

(4) The court may proceed with sentencing even in the absence of the defendant after the expiration of the fifteen (15) days under subdivision (b)(2)(A) of this section.

(5) The presentence screening and assessment report shall include without limitation: The defendant's driving record;

(6) An alcohol problem assessment; and

(7) A victim impact statement, if applicable.

Current official text: Arkansas General Assembly. Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Arkansas statutes; confirm against the official source for the current text. Not legal advice.