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

(a) The Identification Bureau of the Division of Arkansas State Police shall collect and maintain fingerprint identification records required to be reported by this subchapter. (b) The Identification Bureau of the Division of Arkansas State Police shall provide arrest and identif…

(a) (1) (A) (i) Immediately following an arrest for a Class A misdemeanor, a law enforcement official may take, or cause to be taken, the fingerprints and a photograph of the arrested person.(ii) Immediately following an arrest for a felony offense, a law enforcement official at …

(a) Certain events occurring during the course of a criminal prosecution must be reported for inclusion in a criminal history record. The following events shall be reportable events:(1) An arrest;(2) The release of a person after arrest without the filing of a charge;(3) A decisi…

(a) Pending information, conviction information, and nonconviction information available through the Arkansas Crime Information Center, plus information obtained through the Interstate Identification Index or from another state's record system and juvenile aftercare and custody i…

(a) Conviction information shall be made available for the following noncriminal justice purposes:(1) To any local, state, or federal governmental agency that requests the conviction information for the enforcement of a local, state, or federal law;(2) To any entity authorized ei…

(a) (1) Criminal history information shall be made available to the Governor for purposes of carrying out the Governor's constitutional authority involving pardons, executive clemencies, extraditions, or other duties specifically authorized by law.(2) Criminal history information…

(a) Release of criminal history information for noncriminal justice purposes shall be made only by the Identification Bureau of the Department of Arkansas State Police or the central repository, under the limitations contained in § 12-12-1009, and such compiled records will not b…

(a) (1) (A) A fee may be charged for providing criminal history information for noncriminal justice purposes.(B) However, the fee for providing criminal history information may be waived at the request of a:(i) Local school district, for providing criminal history information con…

(a) (1) A person, upon positive verification of his or her identity, may review criminal history information pertaining to the person compiled and maintained by the Identification Bureau of the Department of Arkansas State Police or the central repository and may challenge the co…

(a) The Arkansas Crime Information Center shall be authorized to develop standards and implement procedures that will, to the maximum extent feasible, ensure the security and confidentiality of criminal history records. (b) The center shall be authorized to inspect the criminal h…

(a) The Arkansas Crime Information Center shall be authorized to develop standards and implement a program of audits of all criminal justice agencies that establish, maintain, report, or disseminate criminal history records, to ensure compliance with all provisions of this subcha…

(1) In addition to any other power or duty conferred by this subchapter, the State Crime Laboratory shall expand the:(1) State DNA Data Base established under § 12-12-1105 to store and maintain DNA records generated under this subchapter; and(2) State DNA Data Bank established un…

(a) (1) The State Crime Laboratory shall promulgate rules governing the procedures to be used in the submission, identification, analysis, storage, and disposition of DNA samples and typing results of DNA samples submitted under this subchapter.(2) The procedures described in sub…

(a) The State Crime Laboratory shall:(1) Receive, store, and perform analyses on DNA samples or contract for DNA typing analysis with a qualified DNA laboratory that meets guidelines as established by the State Crime Laboratory;(2) Classify and file the DNA record of identificati…

(a) Any person whose DNA record is included in the State DNA Data Base and whose DNA sample is stored in the State DNA Data Bank as authorized by this subchapter may apply to the State Crime Laboratory for removal and destruction of the DNA record and DNA sample if the arrest tha…

Upon receiving permission from the proper county sheriff, any law enforcement officer, acting within the official scope of his or her duty, may investigate and arrest any person violating any provision of the Uniform Controlled Substances Act, § 5-64-101 et seq., in any county co…

(a) A pawnshop or pawnbroker doing business in the State of Arkansas shall keep a record showing in detail all property pawned or purchased with the pawnshop or pawnbroker. (b) The records required under subsection (a) of this section shall include:(1) A detailed record of each t…

(a) In a prosecution for a sex offense or a violent offense, the law enforcement agency shall preserve, subject to a continuous chain of custody, any physical evidence secured in relation to a trial and sufficient official documentation to locate that evidence. (b) (1) After a tr…

(a) Each state and local law enforcement agency shall electronically file a report on the form provided and required by the El Paso Intelligence Center of the United States Drug Enforcement Administration with the Arkansas Crime Information Center within ten (10) days of the agen…

(a) A law enforcement officer, prosecuting attorney, or other government official shall not ask or require an adult victim of an alleged sex offense, a youth victim of an alleged sex offense, or a child victim of an alleged sex offense to submit to a polygraph examination or an e…

(a) As used in this section:(1) “Adult” means an individual eighteen (18) years of age or older who is not a maltreated adult under the Adult and Long-Term Care Facility Resident Maltreatment Act, § 12-12-1701 et seq.; and(2) “Health care provider” means a person, corporation, fa…

(a) When a law enforcement agency responds to a report of domestic violence, the first law enforcement officer to interview a victim of domestic violence shall assess the potential for danger by asking a series of questions provided on a lethality assessment form. (b) The lethali…

(a) A law enforcement agency that investigates a complaint or accusation of domestic violence shall do so in a manner that allows the prosecuting attorney to prosecute the offense if the prosecuting attorney has probable cause an offense was committed and achieve a guilty verdict…

(a) As used in this section:(1) “Missing person” means a person, including a child under eighteen (18) years of age, reported to a law enforcement agency as missing and unaccounted for from expected and normal activities; and(2) “Unidentified person” means a person living or dece…

This subchapter shall be known and may be cited as the “State Convicted Offender DNA Data Base Act”.

(1) The General Assembly finds and declares that:(1) DNA data banks are an important tool in:(A) Criminal investigations;(B) The exclusion of individuals who are the subjects of criminal investigations or prosecutions; and(C) Deterring and detecting recidivist acts;(2) Several st…

(1) As used in this subchapter:(1) “Adjudication of guilt” and words of similar import mean a plea of guilty, a plea of nolo contendere, a negotiated plea, a finding of guilt by a judge, or a finding of guilt by a jury;(2) “Administration of criminal justice” means:(A) Performing…

(1) In addition to any other powers and duties conferred by this subchapter, the State Crime Laboratory shall:(1) Be responsible for the policy management and administration of the state DNA identification record system to support law enforcement agencies and other criminal justi…

(a) (1) There is established the State DNA Data Base.(2) The State Crime Laboratory shall administer the data base and provide DNA records to the Federal Bureau of Investigation for storage and maintenance in CODIS. (1) There is established the State DNA Data Base. (2) The State …

(a) There is established the State DNA Data Bank. (b) It shall serve as the repository of DNA samples collected under this subchapter.

(a) The State Crime Laboratory may recommend to the General Assembly that it enact legislation for the inclusion of additional offenses for which DNA samples shall be taken and otherwise subjected to the provisions of this subchapter. (b) In determining whether to recommend addit…

The DNA identification system as established by the State Crime Laboratory shall be compatible with the procedures specified by the Federal Bureau of Investigation, including use of comparable test procedures, laboratory equipment, supplies, and computer software.

(a) (1) A person who is adjudicated guilty for a qualifying offense on or after August 1, 1997, shall have a DNA sample drawn as follows:(A) (i) A person who is adjudicated guilty for a qualifying offense and sentenced to a term of confinement for that qualifying offense shall ha…

(a) The Attorney General may conduct an investigation when the Attorney General receives information sufficient to constitute probable cause to investigate one (1) or more of the following offenses:(1) Riot, § 5-71-201;(2) Aggravated riot, § 5-71-202;(3) Inciting riot, § 5-71-203…

(a) (1) (A) Each DNA sample required to be taken pursuant to § 12-12-1109 from persons who are incarcerated shall be taken by the agency supervising the convicted offender.(B) DNA samples from persons who are not committed or sentenced to a term of confinement shall be drawn at a…

(a) (1) The State Crime Laboratory shall adopt rules governing the procedures to be used in the submission, identification, analysis, storage, and disposition of DNA samples and typing results of DNA samples submitted under this subchapter.(2) These procedures shall also include …

(a) Receipt of DNA Samples by State Crime Laboratory. (1) The State Crime Laboratory shall receive DNA samples, store, perform analysis or contract for DNA typing analysis with a qualified DNA laboratory that meets the guidelines as established by the State Crime Laboratory, clas…

(a) (1) Any person whose DNA record has been included in the State DNA Data Base and whose DNA sample is stored in the State DNA Data Bank may apply to any circuit court for removal and destruction of the DNA record and DNA sample on the grounds that the adjudication of guilt tha…

(a) All DNA profiles and samples submitted to the State Crime Laboratory pursuant to this subchapter shall be treated as confidential except as otherwise provided in this subchapter. (b) All DNA records and DNA samples submitted to the laboratory pursuant to this subchapter are e…

(a) (1) Any person who by virtue of employment or official position or any person contracting to carry out any functions under this subchapter, including any officers, employees, and agents of this contractor who has possession of or access to individually identifiable DNA inform…

(1) Upon conviction, a person is guilty of a Class D felony if the person:(1) Possesses or accesses individually identifiable DNA information contained in the State DNA Data Base or State DNA Data Bank;(2) Carries out functions of this subchapter as an employee, official, or cont…

The State Crime Laboratory or any other aggrieved individual or agency may institute an action in a court of competent jurisdiction against any person, agency, or organization to enjoin any criminal or noncriminal justice agency, organization, or individual from violating the pro…

(a) Unless finding that undue hardship would result, the sentencing court shall assess at the time of sentencing a mandatory fine of not less than two hundred fifty dollars ($250) on any person who is required to provide a DNA sample under this subchapter. (b) The fine provided i…

(a) There is hereby established on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State a fund to be known as the “DNA Detection Fund”. (b) This fund shall consist of special revenues collected pursuant to § 12-12-1118, there to be …

A law enforcement agency shall allow a healthcare professional listed under § 5-13-202(a)(4)(E) to list a work address in lieu of his or her home address when filing a police report or complaint related to an incident that meets the requirements of battery in the second degree un…

Nothing in this subchapter shall limit or abrogate any existing authority of law enforcement officers to take, maintain, store, and utilize DNA samples for law enforcement purposes.