Title 12 — Law Enforcement, Emergency Management, and Military Affairs
49 chapters · 1,343 sections in this title.
Ark. Code Ann. § 12-12-1402 Prohibition on racial profiling
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(a) No member of the Division of Arkansas State Police, the Arkansas Highway Police Division of the Arkansas Department of Transportation, a county sheriff's department, or a municipal police department, constable, or any other law enforcement officer of this state shall engage i…
Ark. Code Ann. § 12-12-1403 Policies
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(a) The Division of Arkansas State Police, the Arkansas Highway Police Division of the Arkansas Department of Transportation, all county sheriffs' departments, municipal police departments, constables, and all other law enforcement agencies of this state shall adopt a written pol…
Ark. Code Ann. § 12-12-1404 Training
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(a) Each law enforcement agency shall provide annual training to all officers that:(1) Emphasizes the prohibition against racial profiling;(2) Ensures that operating procedures adequately implement the prohibition against racial profiling and that the law enforcement agency's law…
Ark. Code Ann. § 12-12-1405 Racial profiling hotline
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(a) (1) The Attorney General shall establish and publish procedures to receive complaints concerning racial profiling.(2) The procedures shall include the operation of a toll-free hotline and may include procedures to receive written complaints through the mail, email, or facsimi…
Ark. Code Ann. § 12-12-1501 Title
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This subchapter shall be known as the “Arkansas State Criminal Records Act”.
Ark. Code Ann. § 12-12-1502 Intent
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(a) It is the intent of this subchapter to:(1) Provide one (1) source for obtaining the most accurate and complete criminal history information;(2) Allow dissemination of criminal history information to employers, professional licensing boards, and any entity mandated by Arkansas…
Ark. Code Ann. § 12-12-1503 Definitions
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(1) As used in this subchapter:(1) “Administration of criminal justice” means performing functions of investigation, apprehension, detention, prosecution, adjudication, correctional supervision, or rehabilitation of accused persons or criminal offenders, including criminal identi…
Ark. Code Ann. § 12-12-1504 Information required — Exceptions
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(a) The Department of Arkansas State Police and the Arkansas Crime Information Center shall disseminate criminal history information pertaining to any felony arrest, detention, indictment, information, or other formal felony criminal charge to the extent entries have been made at…
Ark. Code Ann. § 12-12-1505 Disposition of data to the central repository
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(a) Criminal history information shall be submitted to the Arkansas Crime Information Center as required under § 12-12-1007. (b) The central repository shall enter these disposition records in an expeditious manner. (c) Criminal history information provided to the central reposit…
Ark. Code Ann. § 12-12-1506 Unrestricted information — Records — Immunity from civil liability
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(a) (1) All conviction information and felony arrest records may be disseminated as provided in this subchapter.(2) Any criminal history information of felony arrest records and all conviction information that pertains to a person currently being processed by the criminal justice…
Ark. Code Ann. § 12-12-1507 Administration. [Effective until January 1, 2026.]
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(a) (1) Release of criminal history information under this subchapter shall be made only by the Identification Bureau of the Division of Arkansas State Police and the Arkansas Crime Information Center as authorized by law.(2) The Division of Arkansas State Police and the center m…
Ark. Code Ann. § 12-12-1508 Access to information — Fee
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(a) Criminal history information or requestor information collected and maintained under this subchapter is not considered public record information for dissemination within the intent and meaning of the Freedom of Information Act of 1967, § 25-19-101 et seq. (b) A fee for provid…
Ark. Code Ann. § 12-12-1509 Right of review and challenge
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(a) (1) A person may review and challenge his or her criminal history information under § 12-12-1013.(2) No fee shall be charged for the review or challenge of criminal history information. (1) A person may review and challenge his or her criminal history information under § 12-1…
Ark. Code Ann. § 12-12-1510 Fees
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(a) (1) Except as provided in subsection (c) of this section, a fee may be charged for providing criminal history information under this subchapter.(2) The amount of the fee shall be determined jointly by the Department of Arkansas State Police and the Arkansas Crime Information …
Ark. Code Ann. § 12-12-1511 Penalty
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Any person who shall knowingly release or disclose to any unauthorized person any information collected and maintained under this subchapter and any person who knowingly obtains the information for purposes not authorized by this subchapter shall be deemed guilty of a Class A mis…
Ark. Code Ann. § 12-12-1512 Rules
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The Division of Arkansas State Police and the Arkansas Crime Information Center may promulgate rules as are necessary to implement, enforce, and administer this subchapter.
Ark. Code Ann. § 12-12-1513 Status as a registered sex offender
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(a) The General Assembly finds that:(1) The fact that a person is a registered sex offender or is required to register as a sex offender is releasable to employers and licensing boards;(2) Certain agencies are mandated to perform background checks on persons who work with childre…
Ark. Code Ann. § 12-12-1601 Title
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This subchapter shall be known and may be cited as the “Criminal History for Volunteers Act”.
Ark. Code Ann. § 12-12-1602 Purpose
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The purpose of this subchapter is to allow volunteer organizations to request and receive information regarding the qualifications of an individual who volunteers his or her time or services to work with children, the elderly, victims of domestic abuse, or individuals with disabi…
Ark. Code Ann. § 12-12-1603 Definitions
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(1) As used in this subchapter:(1) “Children” means individuals under sixteen (16) years of age;(2) “Conviction” means that an individual has been found guilty of or has pleaded guilty or nolo contendere to any offense by any court in the State of Arkansas or of any similar offen…
Ark. Code Ann. § 12-12-1604 Authority
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(a) The Department of Arkansas State Police and the Arkansas Crime Information Center may provide background check services to a volunteer organization pursuant to the provisions of this subchapter. (b) The department and the center may promulgate rules to administer the provisio…
Ark. Code Ann. § 12-12-1605 Registration by volunteer organization
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(a) A volunteer organization desiring to obtain criminal background check information on volunteers shall register with the Department of Arkansas State Police. (b) The department may promulgate rules regarding registration with the department to obtain criminal background check …
Ark. Code Ann. § 12-12-1606 Request for criminal background check
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(a) (1) Any volunteer organization registered to obtain criminal background check information from the Arkansas Crime Information Center or the Federal Bureau of Investigation concerning volunteers may apply to the Identification Bureau of the Department of Arkansas State Police …
Ark. Code Ann. § 12-12-1607 Background checks
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(a) (1) Upon receipt of a proper request from a volunteer organization, the Identification Bureau of the Department of Arkansas State Police shall conduct a background check through the Arkansas Crime Information Center.(2) (A) The Identification Bureau of the Department of Arkan…
Ark. Code Ann. § 12-12-1608 Penalty
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(1) The following acts are a Class A misdemeanor:(1) Knowingly releasing or disclosing criminal history information to any unauthorized volunteer organization or person; or(2) Obtaining criminal history information for a purpose not authorized by this subchapter. (1) Knowingly re…
Ark. Code Ann. § 12-12-1609 Fees
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(a) (1) The Department of Arkansas State Police may charge a fee for providing criminal history background checks under this subchapter.(2) The amount of the fee for a criminal history background check conducted through the Arkansas Crime Information Center shall be determined jo…
Ark. Code Ann. § 12-12-1610 Extent of disclosure
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(a) The Department of Arkansas State Police and the Arkansas Crime Information Center shall disseminate criminal history information to the extent entries have been made at the time of the request for the information. (b) Any event, activity, or any portion of the criminal histor…
Ark. Code Ann. § 12-12-1701 Title
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This subchapter shall be known and may be cited as the “Adult and Long-Term Care Facility Resident Maltreatment Act”.
Ark. Code Ann. § 12-12-1702 Purpose
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(1) The purpose of this subchapter is to:(1) Provide a system for the reporting of known or suspected adult and long-term care facility resident maltreatment;(2) Ensure the screening, safety assessment, and prompt investigation of reports of known or suspected adult and long-term…
Ark. Code Ann. § 12-12-1703 Definitions
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(1) As used in this subchapter:(1) (A) “Abuse” means with regard to any long-term care facility resident or any patient at the Arkansas State Hospital by a caregiver:(i) Any intentional and unnecessary physical act that inflicts pain on or causes injury to an endangered person or…
Ark. Code Ann. § 12-12-1704 Spiritual treatment alone not abusive
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Nothing in this subchapter shall be construed to mean that an endangered person or an impaired person who is being furnished with treatment by spiritual means alone through prayer in accordance with the tenets and practices of a recognized church or religious denomination by an a…
Ark. Code Ann. § 12-12-1705 Privilege not grounds for exclusion of evidence
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Any privilege between husband and wife or between any professional person and his or her clients, except lawyer and client, including, but not limited to, physicians, members of the clergy, counselors, hospitals, clinics, rest homes, and nursing homes shall not constitute grounds…
Ark. Code Ann. § 12-12-1706 Civil penalties
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(a) (1) The Attorney General may institute a civil action on behalf of the State of Arkansas against any long-term care facility caregiver or board and care facility caregiver necessary to enforce any provision of this subchapter.(2) Notwithstanding any criminal penalties assesse…
Ark. Code Ann. § 12-12-1707 Adult and long-term care facility resident maltreatment hotline
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(a) The Department of Human Services shall maintain a single statewide telephone number that all persons, whether mandated by law or not, may use to report a case of suspected adult maltreatment and long-term care facility resident maltreatment. (b) When appropriate, a copy of th…
Ark. Code Ann. § 12-12-1708 Persons required to report adult or long-term care facility resident maltreatment
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(a) (1) Whenever any of the following persons has observed or has reasonable cause to suspect that an endangered person or an impaired person has been subjected to conditions or circumstances that constitute adult maltreatment or long-term care facility resident maltreatment, the…
Ark. Code Ann. § 12-12-1709 Report of death caused by maltreatment
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(a) (1) Any person or official who is required to report a case of suspected adult maltreatment or long-term care facility resident maltreatment under this subchapter and who has reasonable cause to suspect that an adult or long-term care facility resident has died as a result of…
Ark. Code Ann. § 12-12-1710 Investigation by Department of Human Services
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(a) The Department of Human Services shall have jurisdiction to investigate all cases of suspected maltreatment of an endangered person or an impaired person. (b) (1) The Adult Protective Services Unit of the Department of Human Services shall investigate:(A) All cases of suspect…
Ark. Code Ann. § 12-12-1711 Procedures for investigation by the Department of Human Services
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(a) The Department of Human Services shall conduct a thorough investigation of all suspected adult maltreatment or long-term care facility resident maltreatment in accordance with this subchapter. (b) (1) (A) The investigation shall be completed and an investigative determination…
Ark. Code Ann. § 12-12-1712 Photographs and X-rays
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(a) Any person who is required to report a case of adult maltreatment or long-term care facility resident maltreatment may take or cause to be taken, at public expense, color photographs of the area of trauma visible on the maltreated person and, if medically indicated, cause to …
Ark. Code Ann. § 12-12-1713 Immunity for investigation participants
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(a) Any person, official, or institution acting in good faith in the making of a report, the taking of a photograph, or the removal of a maltreated person under this subchapter shall have immunity from liability and suit for damages, civil or criminal, that otherwise might result…
Ark. Code Ann. § 12-12-1714 Investigative powers of the Department of Human Services
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(a) If admission cannot be obtained to a home, an institution, or other place in which an allegedly maltreated person may be present, a circuit court, upon good cause shown, shall order the person responsible for or in charge of the home, institution, or other place to allow entr…
Ark. Code Ann. § 12-12-1715 Rights of subject of report — Investigative determination of the Department of Human Services — Notice of finding — Appeal
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(a) Upon completion of an investigation, the Department of Human Services shall determine that an allegation of adult maltreatment or long-term care facility maltreatment is either:(1) (A) Unfounded, a finding that shall be entered if the allegation is not supported by a preponde…
Ark. Code Ann. § 12-12-1716 Adult and Long-term Care Facility Resident Maltreatment Central Registry
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(a) (1) There is established within the Department of Human Services a statewide Adult and Long-term Care Facility Resident Maltreatment Central Registry.(2) The registry shall contain investigative determinations made by the department on all founded reports of adult maltreatmen…
Ark. Code Ann. § 12-12-1717 Availability of founded reports of adult or long-term care facility resident maltreatment
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(a) A report made under this subchapter that is determined to be founded, as well as any other information obtained, including protected health information, and a report written or photograph taken concerning a founded report in the possession of the Department of Human Services …
Ark. Code Ann. § 12-12-1718 Availability of screened-out, pending, and unfounded reports
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(a) (1) A record of a screened-out report of adult maltreatment or long-term care facility resident maltreatment shall not be disclosed except to:(A) The office of the Attorney General;(B) A prosecuting attorney;(C) An appropriate law enforcement agency;(D) A current employer of …
Ark. Code Ann. § 12-12-1719 Delegation of authority
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The Secretary of the Department of Human Services may assign responsibilities for administering the various duties imposed upon the Department of Human Services under this subchapter to respective divisions of the department that in the secretary's opinion are best able to render…
Ark. Code Ann. § 12-12-1720 Penalties
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(a) (1) A person commits the offense of failure to report under this subchapter in the first degree if he or she:(A) Is a mandated reporter under § 12-12-1708;(B) Has observed or has reasonable cause to suspect that an endangered person or impaired person has been subjected to co…
Ark. Code Ann. § 12-12-1721 Reports as evidence
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(a) A written report from a person or official required by this subchapter to report shall be admissible in evidence in any proceeding relating to adult maltreatment or long-term care facility resident maltreatment. (b) The affidavit of a physician, psychiatrist, psychologist, or…
Ark. Code Ann. § 12-12-1722 Services available on investigative finding of founded or unfounded
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(a) If an investigation under this subchapter is determined to be founded, the Department of Human Services may open a protective services case. (b) (1) If the department opens a protective services case under this section, the department shall provide services to the endangered …
Ark. Code Ann. § 12-12-1723 Rules
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The Secretary of the Department of Human Services may adopt rules to implement this subchapter.