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

(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…

This subchapter shall be known and may be cited as the “Criminal History for Volunteers Act”.

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…

(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…

(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…

(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 …

(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 …

(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…

(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…

(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…

(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…

This subchapter shall be known and may be cited as the “Adult and Long-Term Care Facility Resident Maltreatment Act”.

(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…

(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…

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…

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…

(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…

(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…

(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…

(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…

(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…

(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…

(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 …

(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…

(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…

(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…

(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…

(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 …

(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 …

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…

(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…

(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…

(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 …

The Secretary of the Department of Human Services may adopt rules to implement this subchapter.

This subchapter is known and may be cited as the “Automatic License Plate Reader System Act”.

(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…