Title 12, Law Enforcement, Emergency Management, and Military Affairs

(1) As used in this subchapter:(1) “Alert” means data held by the Office of Motor Vehicle, the Arkansas Crime Information Center including without limitation the Arkansas Crime Information Center's Missing Persons Information Clearinghouse, the National Crime Information Center, …

(a) Except as provided in subsection (b) of this section, it is unlawful for an individual, partnership, corporation, limited liability company, association, or the State of Arkansas, its agencies, and political subdivisions to use an automatic license plate reader system. (b) An…

(a) Except as provided under subsection (b) of this section, captured plate data obtained for the purposes described under § 12-12-1803(b) shall not be preserved for more than:(1) Sixty (60) days by a private landowner, private leaseholder, or commercial business; or(2) One hundr…

(a) An entity that uses an automatic license plate reader system under § 12-12-1803(b)(1), § 12-12-1803(b)(2), § 12-12-1803(b)(3), or § 12-12-1803(b)(5) shall:(1) Compile statistical data identified in subsection (b) of this section every six (6) months into a format sufficient t…

Captured plate data and evidence derived from it shall not be received in evidence in any trial, hearing, or other proceeding before any court, grand jury, department, officer, agency, regulatory body, legislative committee, or other authority of the state or a political subdivis…

(a) A person who violates this subchapter shall be subject to legal action for damages to be brought by any other person claiming that a violation of this subchapter has injured his or her business, person, or reputation. (b) A person so injured shall be entitled to actual damage…

(a) (1) Captured plate data or data obtained from the Office of Motor Vehicle may be disclosed only:(A) To the person to whom the vehicle is registered;(B) After the written consent of the person to whom the vehicle is registered; or(C) If the disclosure of the data is permitted …

(1) As used in this subchapter:(1) “Commercial mobile radio service” means a commercial mobile service under 47 U.S.C. § 151 et seq., Federal Communications Commission rules, and the Omnibus Budget Reconciliation Act of 1993, Pub. L. No. 103-66;(2) “Contact information” means the…

(a) Upon request of a law enforcement agency, a commercial mobile radio service provider shall provide location information of a wireless telecommunications device and an internet service provider shall provide geolocation information of an internet protocol (IP) address to the l…

Notwithstanding any other provision of law, a commercial mobile radio service provider or an internet service provider, or the officers, employees, assigns, or agents of a commercial mobile radio service provider or an internet service provider are not liable for civil damages or…

A commercial mobile radio service provider or internet service provider either authorized to do business in the state or that has submitted to the jurisdiction of the state shall immediately submit all contact information to the Arkansas Crime Information Center and shall immedia…

The Arkansas Crime Information Center shall make available the contact information obtained under § 12-12-1904 on at least a quarterly basis or immediately as changes occur to each public safety agency in the state.

(a) A commercial mobile radio service provider or internet service provider that believes the requirements of this subchapter are being abused by a law enforcement agency or a specific law enforcement officer may report the suspected abuse to the Division of Arkansas State Police…

(a) There is created the Arkansas Crime Information Center, under the supervision of the Supervisory Board for the Arkansas Crime Information Center established by this subchapter. (b) This center shall consist of the Director of the Arkansas Crime Information Center and such oth…

(a) There is created a Supervisory Board for the Arkansas Crime Information Center. (b) The board shall consist of fourteen (14) members:(1) The Attorney General or one (1) of his or her assistants;(2) The Chief Justice of the Supreme Court or his or her designated agent;(3) A me…

(a) The duties and responsibilities of the Supervisory Board for the Arkansas Crime Information Center are to:(1) Maintain and operate the Arkansas Crime Information Center;(2) Provide that the information obtained by this subchapter shall be restricted to the items specified in …

(a) There is created a Missing Persons Information Clearinghouse within the Arkansas Crime Information Center. (b) The clearinghouse shall be administered by the Director of the Arkansas Crime Information Center. (c) The clearinghouse shall:(1) Establish a computerized system to …

(a) All data files and computer programs making up the Arkansas Crime Information System, in accordance with this subchapter, shall be under the control and jurisdiction of the Supervisory Board for the Arkansas Crime Information Center. (b) The Director of the Arkansas Crime Inf…

(a) The Arkansas Crime Information Center shall be responsible for providing for the maintenance and operation of the computer-based Arkansas Crime Information System. (b) The use of the system is restricted to serving the informational needs of governmental criminal justice agen…

(a) (1) The Arkansas Crime Information Center shall be the central access and control agency for Arkansas's input, retrieval, and exchange of criminal justice information in the National Crime Information Center or its successor, and the National Law Enforcement Telecommunication…

(a) (1) It shall be the duty of all county sheriffs, chiefs of police, city marshals, correction officials, prosecuting attorneys, court clerks, and other state, county, and local officials and agencies so directed to furnish the Arkansas Crime Information Center all data require…

(a) To ensure the accuracy, timeliness, and completeness of all records and information as prescribed by this subchapter, the Director of the Arkansas Crime Information Center shall appoint special information services agents. (b) After proper and sufficient security clearances a…

(a) (1) The Arkansas Crime Information Center shall make criminal history records on persons available in accordance with §§ 12-12-1008 — 12-12-1011.(2) Release of other noncriminal history records shall be in accordance with policies and rules established by the Supervisory Boar…

(a) A person is guilty of a Class A misdemeanor upon conviction if the person knowingly:(1) Accesses information or obtains information collected and maintained under this subchapter for a purpose not specified by this subchapter; or(2) Releases or discloses information maintaine…

Nothing in this subchapter shall be construed to give authority to any person, agency, corporation, or other legal entity to invade the privacy of any citizen as defined by the General Assembly or the courts other than to the extent provided in this subchapter.

(a) The Arkansas Crime Information Center is authorized to charge fees to other governmental units in order to reimburse the center for expenditures made on behalf of the other governmental units. (b) (1) (A) The fees shall be categorized as either service fees or system enhancem…

(a) In addition to other duties as provided, the Arkansas Crime Information Center shall maintain a registry of all orders of protection and temporary orders of protection issued by a court of this state or registered in this state. (b) (1) Upon receipt of an authorized order of …

(a) At the close of each fiscal year, the Director of the Arkansas Crime Information Center shall certify to the Chief Fiscal Officer of the State the amount, if any, of unexpended moneys and appropriations in the Crime Information System Fund or its successor resulting from the …

(a) On July 31 of each year the Arkansas Crime Information Center shall submit an annual report to the Legislative Council showing the number of persons arrested for each criminal offense classification, comparing the state and each individual reporting agency. (b) The report sha…

(a) As used in this section, “center system” means the registry of all court orders issued under §§ 5-2-310(b), 5-2-314(b), 20-47-214, and 20-47-215 maintained by the Arkansas Crime Information Center under this section. (b) (1) The Arkansas Crime Information Center shall maintai…

(a) (1) The Arkansas Crime Information Center shall permit and encourage the entry of data by a local or regional detention facility, such as a county jail, into a database maintained by the center and accessible by an entity as determined by the Supervisory Board for the Arkansa…

(a) The Arkansas Crime Information Center shall maintain a registry of all sentencing orders that include delayed release under § 5-4-405. (b) Upon the entry of a sentencing order requiring delayed release under § 5-4-405, a prosecuting attorney shall furnish a copy to the center…

(a) There is established a State Crime Laboratory. (b) The laboratory shall offer services to law enforcement in:(1) Forensic pathology;(2) Toxicology;(3) Physical evidence analysis;(4) DNA analysis;(5) Drug analysis;(6) Latent fingerprint identification;(7) Firearms and toolmark…

(a) (1) There is created a State Crime Laboratory Board.(2) (A) The members of the board shall be appointed by the Governor and confirmed by the Senate.(B) However, a vacancy may be temporarily filled by the Governor subject to confirmation of the Senate. (1) There is created a S…

(a) The State Crime Laboratory Board shall promulgate such policies and rules as shall be necessary to carry out the intent and purpose of this subchapter along with the specific duties and responsibilities set out in this subchapter. (b) The board is authorized to accept gifts, …

(a) (1) The State Crime Laboratory shall be headed by a director who shall be appointed by the Governor and who shall serve at the pleasure of the Governor.(2) The director shall report to the Secretary of the Department of Public Safety. (1) The State Crime Laboratory shall be h…

(a) There shall be established under the supervision of the Director of the State Crime Laboratory a central office and laboratory facility sufficient and adequate to house the various functions of the State Crime Laboratory as set out in this subchapter and as may be necessary a…

(a) The Director of the State Crime Laboratory shall appoint and employ a State Medical Examiner with the approval of the State Crime Laboratory Board and in consultation with the Secretary of the Department of Public Safety. (b) The director may remove the examiner only for caus…

(a) (1) The State Medical Examiner as well as associate medical examiners shall:(A) Be citizens of the United States;(B) Be physicians or surgeons with a doctor of medicine degree who have been licensed or who are eligible to be licensed to practice medicine in the State of Arkan…

(a) The State Crime Laboratory shall obtain a policy of professional liability insurance in the amount of no less than four hundred thousand dollars ($400,000) to indemnify any person or persons injured by the State Medical Examiner or his or her associates in the performance of …

(a) The State Crime Laboratory Board may authorize the Director of the State Crime Laboratory to contract with a medical school in this state accredited by an accrediting agency recognized by the United States Department of Education or approved by the Arkansas Higher Education C…

(a) The State Crime Laboratory shall reimburse the Graduate Institute of Technology and a medical school in this state accredited by an accrediting agency recognized by the United States Department of Education or approved by the Arkansas Higher Education Coordinating Board to se…

(a) (1) All law enforcement officers and other state, county, and city officials, as well as private citizens, shall fully cooperate with the staff of the State Crime Laboratory in making any investigation provided for or authorized in this subchapter.(2) (A) The prosecuting atto…

(a) (1) (A) (i) The records, files, and information kept, obtained, or retained by the State Crime Laboratory under this subchapter are privileged and confidential.(ii) However, the laboratory shall grant access to records pertaining to a defendant's criminal case to the followin…

(a) The records and reports of autopsies, evidence analyses, drug analyses, and any investigations made by the State Crime Laboratory under the authority of this subchapter shall be received as competent evidence as to the matters contained therein in the courts of this state sub…

(a) The State Crime Laboratory shall charge certain fees in an amount to be determined by the State Crime Laboratory Board, but subject to the limitations set forth in this section for certain records, reports, and consultations by laboratory physicians and analysts, and expert w…