Subtitle 1. General Provisions

Chapter 1 General Provisions

Effective Dates. Acts 2015, No. 1265, § 12: Apr. 8, 2015. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that there is an alarming lack of transparency in the corrections system regarding information about inmates who will soon be coming up for parole and released into society; that it is vital to public safety that the public know exactly what potential threats exist from inmates in the Department of Correction who will soon be introduced back into society; and that this act is immediately necessary because the sooner inmate, parolee, and probationer information is made available to the public, the sooner the public is able to evaluate who is and who is not a threat to society. Therefore, an emergency is declared to exist, and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

12-1-101. Recidivism reporting — Definition.

  1. As used in this section, “recidivism” means a criminal act that results in the rearrest, reconviction, or return to incarceration of a person with or without a new sentence during a three-year period following the person's release from custody.
  2. An entity that makes a recidivism report under this title shall use the definition of recidivism in this section for purposes of the recidivism report.

History. Acts 2013, No. 1030, § 2.

12-1-102. Records to be posted on a public website.

  1. Relevant research studies and reports concerning the following topics that are generated by the research divisions of the Division of Correction, the Division of Community Correction, and the Parole Board or by third-party contractors on behalf of the Division of Correction, the Division of Community Correction, and the board, when applicable, shall be posted on the Division of Correction’s, the Division of Community Correction’s, or the board's website:
    1. Population projections;
    2. Recidivism; and
    3. Evaluation of the cost-benefit of evidence-based practices of:
      1. Adult prisons;
      2. Community corrections facilities;
      3. Probation; and
      4. Parole.
  2. Data posted on the board's, the Division of Correction’s, or the Division of Community Correction’s websites under this section may be removed from the board's, the Division of Correction’s, or the Division of Community Correction’s websites after five (5) years.

History. Acts 2015, No. 1265, § 2; 2019, No. 910, § 699.

Amendments. The 2019 amendment substituted “Division of Correction” for “Department of Correction” and “Division of Community Correction” for “Department of Community Correction” throughout the section.

Chapters 2-5 [Reserved.]

[Reserved.]

Subtitle 2. Law Enforcement Agencies and Programs

Chapter 6 General Provisions

Subchapter 1 — Highway Safety Program Advisory Council

12-6-101, 12-6-102. [Repealed.]

Publisher's Notes. This subchapter was repealed by Acts 1997, No. 250, § 63. The subchapter was derived from the following sources:

12-6-101. Acts 1983, No. 549, § 16; 1985, No. 143, § 1; A.S.A. 1947, § 75-2514.

12-6-102. Acts 1983, No. 549, § 16; 1985, No. 143, § 1; A.S.A. 1947, § 75-2514.

Subchapter 2 — Rape Task Force

12-6-201, 12-6-202. [Repealed.]

Publisher's Notes. This subchapter was repealed by Acts 1991, Nos. 727 and 828, § 5. The subchapter was derived from the following sources:

12-6-201. Acts 1981, No. 881, § 1; A.S.A. 1947, § 41-1818.

12-6-202. Acts 1981, No. 881, § 2; A.S.A. 1947, § 41-1819.

Subchapter 3 — Enforcement of Motor Vehicle Traffic Laws

12-6-301. Definitions.

As used in this subchapter:

  1. “Arrest quota” means any requirement regarding the number of arrests made, or the number of citations issued, by a law enforcement officer or the proportion of such arrests made and citations issued by a law enforcement officer relative to the arrests made and citations issued by another law enforcement officer or group of officers; and
  2. “Citation” means a notice to appear, notice of violation, or notice of parking violation.

History. Acts 1995, No. 952, § 1.

12-6-302. Arrest quotas prohibited.

No state or local agency employing law enforcement officers engaged in the enforcement of any motor vehicle traffic laws of this state or any local ordinance governing motor vehicle traffic may establish any policy requiring any law enforcement officer to meet an arrest quota, except as necessary to meet requirements under federal law or contracts with federal agencies.

History. Acts 1995, No. 952, § 2.

12-6-303. Use of number of arrests.

  1. No state or local agency employing law enforcement officers engaged in the enforcement of any motor vehicle traffic laws may use the number of arrests or citations issued by a law enforcement officer as the sole criterion for promotion, demotion, or dismissal, or the earning of any benefit provided by the agency.
  2. Any such arrests or citations and their ultimate dispositions may only be considered in evaluating the overall performance of a law enforcement officer.

History. Acts 1995, No. 952, § 3.

Subchapter 4 — Patrol Vehicles

12-6-401. Smoking in patrol vehicles prohibited.

Each county sheriff's office and police department of a municipality may designate a proportionate number of its patrol vehicles as “nonsmoking” vehicles and shall not allow smoking of tobacco products in those vehicles.

History. Acts 2001, No. 1392, § 1.

12-6-402. Civilian passengers.

Each law enforcement agency of the state shall establish a policy prohibiting civilian passengers in patrol vehicles unless specific written approval is given for each civilian passenger by the chief law enforcement officer or his or her designee.

History. Acts 2013, No. 1183, § 1.

Subchapter 5 — State Law Enforcement Agencies

Effective Dates. Acts 2015, No. 100, § 2: Feb. 18, 2015. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that law enforcement officers risk their lives every day in the course of their employment; that the state values the dedication and efforts of these law enforcement officers; that the safety and well-being of Arkansas citizens depend on the ability and willingness of men and women to serve in state law enforcement agencies; and that this act is immediately necessary because it is in the state's best interests to do everything possible to encourage and recognize service in state law enforcement agencies without delay. Therefore, an emergency is declared to exist, and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

12-6-501. Award of flags — Definitions.

  1. As used in this section:
    1. “In the course of employment” means at any time when a law enforcement officer is on duty as a law enforcement officer or is performing an act ordinarily performed by a law enforcement officer although the law enforcement officer is not actually on duty at the time;
    2. “Law enforcement officer” means a public servant employed by a state law enforcement agency and vested by law with a duty to maintain order or to make arrests for offenses; and
    3. “State law enforcement agency” means a state agency that is responsible for enforcing the criminal laws, traffic laws, highway laws, or game and fish laws of this state.
    1. A state law enforcement agency may award one (1) United States flag to the family of a law enforcement officer who lost his or her life in the course of employment with the state law enforcement agency.
    2. As used in this subsection, “family” means “family” as defined in the rules or procedures of the state law enforcement agency.

History. Acts 2015, No. 100, § 1.

Subchapter 6 — Local Criminal Justice Coordinating Committees

12-6-601. Local criminal justice coordinating committees.

  1. The General Assembly finds that the investment of state or federal funding for the operation of a crisis stabilization unit under the Behavioral Health Crisis Intervention Protocol Act of 2017, § 20-47-801 et seq., necessitates efficient expenditure of the state or federal funds.
  2. The General Assembly encourages the establishment of local criminal justice coordinating committees composed of local judges, local corrections officials, the prosecuting attorney, law enforcement officials, county officials, medical professionals, and mental health professionals.
  3. A local criminal justice coordinating committee may be created under this section and shall:
    1. Periodically review data and records of local and regional detention facilities collected under § 12-12-219 and data concerning a local crisis intervention team and crisis stabilization unit, when applicable;
    2. Assist in the access and transfer of data described under subdivision (c)(1) of this section; and
    3. Recommend protocols for the efficient and effective use of local criminal justice resources, and a crisis intervention team or crisis stabilization unit, when applicable.

History. Acts 2017, No. 423, § 6.

Subchapter 7 — Law Enforcement Agencies in General

Effective Dates. Acts 2017, No. 531, § 3: Mar. 20, 2017. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that it is of public interest to protect the privacy of the family members of a deceased law enforcement officer; that currently, there are no safeguards or procedures in place to ensure that a recording that depicts the death of a law enforcement officer is released in a proper, respectful, and authorized manner; and that this act is immediately necessary because it provides a balanced procedure to achieve proper release of a video or audio recording that depicts a law enforcement officer's death while taking into account the privacy belonging to the family members of the deceased law enforcement officer. Therefore, an emergency is declared to exist, and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

12-6-701. Confidentiality of certain law enforcement records — Definitions.

  1. As used in this section:
    1. “Access a record” means to view a photograph or video recording or to listen to an audio recording;
    2. “Custodian of the record” means a person identified by the governmental entity that possesses the record and is responsible for safeguarding and providing access to the record;
    3. “Death of a law enforcement officer” means all acts or events that caused or otherwise relate to the death of a law enforcement officer who was acting in the course of his or her official duties, including any related acts or events immediately preceding or subsequent to the acts or events that caused or otherwise relate to the death;
    4. “Family member” means a spouse, biological or adopted child, parent, or sibling of the deceased law enforcement officer;
    5. “Law enforcement officer” means a person vested by law with a duty to maintain public order and to make arrests for offenses;
      1. “Notice” means that from all the facts and circumstances known to the person at the time, the person has reason to know that the facts and circumstances exist.
      2. Notice may be communicated in person or through other means, including without limitation, by telephone, telegraph, teletype, telecopier, facsimile, or other form of wire or wireless communication, or by mail or private carrier; and
    6. “Record” means a photograph, video recording, or audio recording, including any audio or video footage captured on a body-worn camera or a dashboard camera.
    1. A record that depicts or records the death of a law enforcement officer is confidential and exempt from disclosure under the Freedom of Information Act of 1967, § 25-19-101 et seq.
      1. However, a family member of the deceased law enforcement officer may access a record described in subdivision (b)(1) of this section.
      2. A minor child of a deceased law enforcement officer who is at least fourteen (14) years of age may access a record described in subdivision (b)(1) of this section if the parent or guardian of the child:
        1. Provides written consent to the custodian of the record to permit the child to access a record; and
        2. Is present to provide supervision over the child as he or she accesses a record.
    1. The custodian of a record shall not permit a person not authorized under this section to copy, disseminate, reproduce, transmit, or access a record described in subdivision (b)(1) of this section.
    2. The access to a record described in subdivision (b)(1) of this section or other handling of a record described in subdivision (b)(1) of this section shall be under the direct supervision of the custodian of the record.
    3. A person or persons designated as the custodian of a record who knowingly violates this section upon conviction is guilty of a Class D felony.
      1. A person or entity may petition a circuit court in the county where a record described in subdivision (b)(1) of this section is physically located in order to obtain access to the record.
      2. At a hearing held on a petition filed with the circuit court under subdivision (d)(1)(A) of this section seeking access to a record described in subdivision (b)(1) of this section, any review of a record described in subdivision (b)(1) of this section shall be conducted in camera.
    1. Upon a showing of good cause, a circuit court may issue an order authorizing a person or entity under subdivision (d)(1) of this section to access a record described in subdivision (b)(1) of this section and may prescribe restrictions or stipulations pertaining to the access of the record that the circuit court deems appropriate, including whether to allow for the copying or public disclosure of a record described in subdivision (b)(1) of this section.
    2. In determining good cause under subdivision (d)(2) of this section, the circuit court shall consider the following factors, along with other factors that the circuit court may deem relevant:
      1. Whether access to the record described in subdivision (b)(1) of this section is necessary for the public evaluation of a law enforcement officer's conduct during the performance of his or her official duties;
      2. Whether there is a compelling public interest in the disclosure of the record;
      3. The seriousness of the intrusion into the privacy of the deceased law enforcement officer's family members; and
      4. The availability of similar information in other forms.
      1. A custodian of a record described in subdivision (b)(1) of this section shall be given notice of:
        1. A petition filed with a circuit court to access a record described in subdivision (b)(1) of this section; and
        2. The opportunity to be present and heard at any hearing on the matter.
      2. In addition to custodian notification under subdivision (d)(4)(A) of this section, the following people shall be provided notice described in subdivisions (d)(4)(A)(i) and (d)(4)(A)(ii) of this section:
        1. The surviving spouse of the deceased law enforcement officer, if any;
        2. If the deceased law enforcement officer has no surviving spouse, the parents of the deceased law enforcement officer, if any; or
        3. If the deceased law enforcement officer has no surviving parents and no surviving spouse, the adult children of the deceased law enforcement officer.
  2. This section does not:
    1. Prohibit a judge, jury, attorney, court personnel, or other persons necessary to a criminal, civil, or administrative proceeding involving the death of a law enforcement officer from viewing a record described in subdivision (b)(1) of this section;
    2. Overturn, abrogate, or alter a court order that exists on March 20, 2017, that restricts, limits, or grants access to a record described in subdivision (b)(1) of this section;
        1. Prohibit a law enforcement agency involved in an official investigation of a death of a law enforcement officer, including without limitation, the law enforcement agency by whom the deceased law enforcement officer was employed at the time of his or her death, the Division of Arkansas State Police, and the Federal Bureau of Investigation, from obtaining a record described in subdivision (b)(1) of this section for the purpose of conducting an official investigation pertaining to the death of a law enforcement officer.
        2. However, a record used during an official investigation under subdivision (e)(3)(A)(i) of this section shall not be reproduced, transmitted, or disseminated for any purpose not authorized under this section.
        1. This section does not prohibit the law enforcement agency by whom the deceased law enforcement officer was employed from using a record described in subdivision (b)(1) of this section for law enforcement officer training or internal review.
        2. However, a record used for the purpose of law enforcement officer training or internal review under subdivision (e)(3)(B)(i) of this section shall not be reproduced, transmitted, or disseminated for any purpose not authorized under this section.
        1. This section does not prohibit the use of a record described in subdivision (b)(1) of this section for law enforcement officer training conducted by an entity authorized to conduct law enforcement training, including without limitation:
          1. The Black River Technical College Law Enforcement Training Academy;
          2. The Criminal Justice Institute;
          3. The Arkansas Law Enforcement Training Academy; or
          4. Other law enforcement officer training programs.
        2. However, a record used for law enforcement officer training purposes under subdivision (e)(3)(C)(i) of this section shall not be reproduced, transmitted, or disseminated for any purpose not authorized under this section; or
      1. Prohibit a prosecuting attorney, deputy prosecuting attorney, defense counsel pursuant to a motion of discovery, their staff, or attorneys involved in civil litigation involving the death of a law enforcement officer from accessing or copying a record described in subdivision (b)(1) of this section.
      2. A record accessed or copied under subdivision (e)(4)(A) of this section shall not be reproduced, transmitted, or disseminated for any purpose not authorized under this section.

History. Acts 2017, No. 531, § 2.

A.C.R.C. Notes. Acts 2017, No. 531, § 1, provided: “Legislative findings and determinations.

The General Assembly finds and determines that:

“(1) The nature of a profession in law enforcement is inherently dangerous, with law enforcement officers frequently facing life threatening situations;

“(2) During the course of his or her duties, a law enforcement officer routinely relies on audio and video recording devices to record his or her movements and actions;

“(3) Due to the inherently dangerous nature of a profession in law enforcement, a law enforcement officer's death that occurs in the line of duty is likely to be captured and depicted on an audio or video recording device;

“(4) Absent a compelling public interest, or the necessity to evaluate a law enforcement officer's conduct, or an official purpose such as a criminal, civil, or administrative proceeding or an official investigation into a law enforcement officer's death, the disclosure of an audio or visual depiction of the death of a law enforcement officer would have little value to the public other than to satisfy a morbid curiosity concerning the death of a law enforcement officer;

“(5) Presently, there are audio and video recordings that depict the death of a law enforcement officer available in various public forums for viewing and sharing which have the potential to encourage copycat acts of violence against law enforcement officers and to incite other acts of violence against law enforcement officers, and which also subject the surviving family members of the deceased law enforcement officer to viewing the murder or death of their family member on television, internet, social media, and other publically accessible forums — causing the surviving family members to relive the pain associated with the death and allowing the public to view and publically share with others sensitive depictions of the final moments and death of their family member — thereby invading the privacy of the deceased law enforcement officer's family; and

“(6) It is the intent of this act to:

“(A) Protect the privacy belonging to family members of a deceased law enforcement officer; and

“(B) Discourage copycat acts of violence or other similar forms of violence against law enforcement officers.”

Chapter 7 Arkansas Crime Commission

12-7-101 — 12-7-106. [Repealed.]

Publisher's Notes. This chapter was repealed by Acts 1991, No. 343, § 2. The chapter was derived from the following sources:

12-7-101. Acts 1977, No. 558, § 1; A.S.A. 1947, § 6-1301.

12-7-102. Acts 1977, No. 558, § 2; A.S.A. 1947, § 6-1302.

12-7-103. Acts 1977, No. 558, § 3; A.S.A. 1947, § 6-1303.

12-7-104. Acts 1977, No. 558, § 4; A.S.A. 1947, § 6-1304.

12-7-105. Acts 1977, No. 558, § 5; A.S.A. 1947, § 6-1305.

12-7-106. Acts 1977, No. 558, § 6; A.S.A. 1947, § 6-1306.

Acts 1991, No. 343, § 1, provided:

“The Arkansas Crime Commission created under Arkansas Code § 12-7-101 is abolished.”

Chapter 8 Division of Arkansas State Police

Subchapter 1 — General Provisions

Preambles. Acts 1973, No. 430 contained a preamble which read:

“Whereas, the Arkansas State Police currently provide supplemental police protection at the horse and dog racing tracks in this state, at University of Arkansas football games in Little Rock and Fayetteville, and a number of other state-wide events and activities, yet does not provide similar services, when requested, for many other state-wide athletic events of other state supported colleges and universities, at the State Livestock Show, or events conducted at the State Livestock Show, at the state basketball tournaments and similar events; and

“Whereas, it is essential for the protection of the public peace and safety that the State Police provide the same level of police protection for all state-wide functions….”

Effective Dates. Acts 1945, No. 231, § 28: Mar. 20, 1945. Emergency clause provided: “It having been ascertained and determined by the General Assembly that on account of the widespread disregard for the traffic laws of the state and the rules and regulations governing the same as a result of the establishment of many large war plants and military posts in the State of Arkansas, together with the enormous increase of traffic caused by the war, which has created conditions at and around such war plants and military posts creating a condition upon the highways of this state which, in order to efficiently operate the Department of Arkansas State Police, make it necessary that the same be departmentalized and organized in such manner that the personnel of said department can be assigned and directed in a more efficient manner and because of the hazards to life and limb as a result of the disregard for the laws making such conditions dangerous to the health, peace, and safety of the people of Arkansas an emergency is hereby declared to exist and this act being necessary for the preservation of the peace, health, and safety of the citizens of this state and for the traveling public, this act shall take effect and be in full force after its passage and approval.”

Acts 1949, No. 157, § 2: Feb. 23, 1949. Emergency clause provided: “It has been found by the General Assembly: (1) that highway accidents and fatalities have been and are increasing with such rapidity it is imperative that immediate action be taken to make and enforce rules or regulations having for their primary purpose a reduction of such accidents and fatalities; (2) that more effective rules and regulations can be promulgated by an enlarged Commission, the members of which are residents of and familiar with conditions in the various sections of the State; and (3) that only the provisions of this act will alleviate in part the foregoing conditions. An emergency is therefore declared to exist and this act being necessary for the preservation of the public peace, health, and safety shall take effect and be in full force from and after its passage and approval by the Governor.”

Acts 1953, No. 74, § 3: Feb. 16, 1953. Emergency clause provided: “It is found by the General Assembly that confusion exists in connection with appointments to be made to the Arkansas Police Commission due to congressional redistricting of the state; that such confusion interferes with proper exercise and discharge of the duties of the Police Commission pertaining to traffic violations and criminal actions; and that such conditions adversely affect the public peace, health, and safety; and further that the provisions of this act will materially aid in alleviating such conditions. Therefore, an emergency is hereby declared to exist, and this act being necessary for the preservation of the public peace, health, and safety, shall take effect and be in full force from and after its passage and approval.”

Acts 1963, No. 133, § 2: July 1, 1963.

Acts 1968 (1st Ex. Sess.), No. 65, § 3: became law without Governor's signature, Feb. 27, 1968. Emergency clause provided: “It is hereby found and determined by the General Assembly that Section 4 (a) Act 231 of 1945 requires, as interpreted by the Supreme Court of Arkansas, that the Director of the Department of Arkansas State Police possess the qualification of 10 years of continuous residence in the State of Arkansas next preceding his appointment; and such requirement has the effect of excluding from consideration for appointment to such position, persons who because of their training and experience, are well qualified to hold the position of Director of the Department of Arkansas State Police and to carry out the duties and responsibilities imposed by law upon the said Director; and that in order for the Governor of the State of Arkansas to be able to appoint the best qualified person available for the position of Director of Arkansas State Police, it is necessary that the ten year continuous residence requirement of Act 231 of 1945 be repealed; and in order to protect the citizens of the State of Arkansas and their interest in effective and efficient law enforcement, it is necessary that this act become effective immediately. Therefore, an emergency is hereby declared to exist and this act being necessary for the immediate preservation of the public peace, health, and safety, shall become effective, and be in full force and effect, from and after its passage and approval.”

Acts 1969, No. 394, § 3: Apr. 11, 1969. Emergency clause provided: “It is hereby found and determined by the General Assembly that the present law contains no authority for the payment of per diem and mileage to members of the Arkansas Police Commission, that it is essential that provision be made for the payment of a reasonable per diem and mileage to members of the commission in order that the commission may properly carry out its functions and duties, and that this act will provide such authority. Therefore, an emergency is hereby declared to exist and this act being necessary for the immediate preservation of public peace, health, and safety shall be in effect from the date of its passage and approval.”

Acts 1975 (Extended Sess., 1976), No. 1035, § 3: Jan. 27, 1976. Emergency clause provided: “It is hereby found and determined by the Seventieth General Assembly, meeting in Extended Session, that the standardization of mileage reimbursement for members of the State's Boards and Commissions will alleviate many discrepancies and inequities in existing laws and will allow such members to receive travel reimbursement commensurate with that paid to state employees. Therefore, an emergency is hereby declared to exist, and this act being necessary for the immediate preservation of the public peace, health, and safety shall be in full force and effect from and after its passage and approval.”

Acts 1981, No. 45, § 15: July 1, 1981. Emergency clause provided: “It is hereby found and determined by the General Assembly that the agencies, departments, and programs now performed through the Department of Public Safety could more efficiently and economically perform their respective duties and responsibilities through reorganized agencies and departments operating as separate entities; that substantial savings could be made by eliminating the central services of the Department of Public Safety; and that the immediate passage of this act is necessary to provide for advance planning for more efficient administration after the close of the current fiscal biennium of the various public safety programs of this state. Therefore, an emergency is hereby declared to exist and this act, being necessary for the immediate preservation of the public peace, health, and safety, shall be in full force and effect from and after July 1, 1981.”

Acts 1981, No. 540, § 18: July 1, 1981. Emergency clause provided: “It is hereby found and determined by the Seventy-Third General Assembly, that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a two-year period; that the effectiveness of this act on July 1, 1981 is essential to the operation of the agency for which the appropriations in this act are provided, and that in the event of an extension of the Regular Session, the delay in the effective date of this act beyond July 1, 1981 could work irreparable harm upon the proper administration and providing of essential governmental programs. Therefore, an emergency is hereby declared to exist and this act being necessary for the immediate preservation of the public peace, health, and safety shall be in full force and effect from and after July 1, 1981.”

Acts 1983, No. 537, § 12: July 1, 1983. Emergency clause provided: “It is hereby found and determined by the Seventy-Fourth General Assembly, that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a two-year period; that the effectiveness of this act on July 1, 1983 is essential to the operation of the agency for which the appropriations in this act are provided, and that in the event of an extension of the Regular Session, the delay in the effective date of this act beyond July 1, 1983 could work irreparable harm upon the proper administration and provision of essential governmental programs. Therefore, an emergency is hereby declared to exist and this act being necessary for the immediate preservation of the public peace, health, and safety shall be in full force and effect from and after July 1, 1983.”

Acts 1987, No. 862, § 3: Apr. 13, 1987. Emergency clause provided: “It is hereby found and determined by the General Assembly that because of the case Ricarte v. State, CR 86-31, a question has arisen over the validity of Act 1035 of the Extended Session of 1976; that this Act is a reenactment of the former law; and that the immediate passage of this Act is necessary to clarify the state of the law on this issue. Therefore, an emergency is hereby declared to exist and this Act being necessary for the preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1987, No. 1037, § 16: July 1, 1987. Emergency clause provided: “It is hereby found and determined by the Seventy-Sixth General Assembly, that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a two (2) year period; that the effectiveness of this Act on July 1, 1987 is essential to the operation of the agency for which the appropriations in this Act are provided, and that in the event of an extension of the Regular Session, the delay in the effective date of this Act beyond July 1, 1987 could work irreparable harm upon the proper administration and provision of essential governmental programs. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 1987.”

Acts 1989 (1st Ex. Sess.), No. 285, § 15: July 1, 1989. Emergency clause provided: “It is hereby found and determined by the Seventy-Seventh General Assembly, that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a two (2) year period; that the effectiveness of this Act on July 1, 1989 is essential to the operation of the agency for which the appropriations in this Act are provided, and that in the event of an extension of the Regular Session, the delay in the effective date of this Act beyond July 1, 1989 could work irreparable harm upon the proper administration and provision of essential governmental programs. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 1989.”

Acts 1989, No. 859, § 3: July 1, 1989. Emergency clause provided: “It is hereby found and determined by the Seventy-Seventh General Assembly, that the establishment of a ‘drug abuse hotline’ to be operated by the Arkansas State Police would provide needed assistance in the fight to control the drug problem in the State of Arkansas. Therefore, an emergency is hereby declared to exist and this Act being necessary for the preservation of the public peace, health, and safety shall be in full force and effect from and after July 1, 1989.”

Acts 1991, No. 1099, § 25: July 1, 1991. Emergency clause provided: “It is hereby found and determined by the Seventy-Eighth General Assembly, that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a two (2) year period; that the effectiveness of this Act on July 1, 1991 is essential to the operation of the agency for which the appropriations in this Act are provided, and that in the event of an extension of the Regular Session, the delay in the effective date of this Act beyond July 1, 1991 could work irreparable harm upon the proper administration and provision of essential governmental programs. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 1991.”

Acts 1993, No. 508, § 22: July 1, 1993. Emergency clause provided: “It is hereby found and determined by the Seventy-Ninth General Assembly, that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a two (2) year period; that the effectiveness of this Act on July 1, 1993 is essential to the operation of the agency for which the appropriations in this Act are provided, and that in the event of an extension of the Regular Session, the delay in the effective date of this Act beyond July 1, 1993 could work irreparable harm upon the proper administration and provision of essential governmental programs. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 1993.”

Acts 1997, No. 250, § 258: Feb. 24, 1997. Emergency clause provided: “It is hereby found and determined by the General Assembly that Act 1211 of 1995 established the procedure for all state boards and commissions to follow regarding reimbursement of expenses and stipends for board members; that this act amends various sections of the Arkansas Code which are in conflict with the Act 1211 of 1995; and that until this cleanup act becomes effective conflicting laws will exist. Therefore an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective on the date of its approval by the Governor. If the bill is neither approved nor vetoed by the Governer, it shall become effective on the expiration of the period of time during which the Governor may veto the bill. If the bill is vetoed by the Governor and the veto is overridden, it shall become effective on the date the last house overrides the veto.”

Acts 1997, No. 1240, § 12: Apr. 9, 1997. Emergency clause provided: “It is found and determined by the General Assembly that the powers and duties of the Department of Human Services in regard to the child abuse hotline and child abuse investigations will be shifted to the Arkansas State Police, either through transfer or by contract; that such transfer or contract could occur prior to or at the beginning of the next fiscal year; and that such transfer or contract cannot occur prior to or at the beginning of the next fiscal year unless this emergency clause is adopted. Therefore an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective on the date of its approval by the Governor. If the bill is neither approved nor vetoed by the Governor, it shall become effective on the expiration of the period of time during which the Governor may veto the bill. If the bill is vetoed by the Governor and the veto is overridden, it shall become effective on the date the last house overrides the veto.”

Acts 2001, No. 750, § 2: Mar. 13, 2001. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the Arkansas State Police is presently without a director; that without an emergency clause this act would not be effective until ninety (90) days after the adjournment sine die of the General Assembly; that a new director should be appointed before this act would take effect without an emergency clause; and that the members of the Arkansas State Police Commission should be consulted prior to that appointment. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective on the date of its approval by the Governor. If the bill is neither approved nor vetoed by the Governor, it shall become effective on the expiration of the period of time during which the Governor may veto the bill. If the bill is vetoed by the Governor and the veto is overridden, it shall become effective on the date the last house overrides the veto.”

Acts 2001, No. 1422, § 21: July 1, 2001. Emergency clause provided: “It is found and determined by the General Assembly, that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a two (2) year period; that the effectiveness of this Act on July 1, 2001 is essential to the operation of the agency for which the appropriations in this Act are provided, and that in the event of an extension of the Regular Session, the delay in the effective date of this Act beyond July 1, 2001 could work irreparable harm upon the proper administration and provision of essential governmental programs. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 2001.”

Acts 2003, No. 1473, § 74: July 1, 2003. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act includes technical corrects to Act 923 of 2003 which establishes the classification and compensation levels of state employees covered by the provisions of the Uniform Classification and Compensation Act; that Act 923 of 2003 will become effective on July 1, 2003; and that to avoid confusion this act must also effective on July 1, 2003. Therefore, an emergency is declared to exist and this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2003.”

Acts 2003, No. 1609, § 24: July 1, 2003. Emergency clause provided: “It is found and determined by the General Assembly, that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a two (2) year period; that the effectiveness of this Act on July 1, 2003 is essential to the operation of the agency for which the appropriations in this Act are provided, and that in the event of an extension of the Regular Session, the delay in the effective date of this Act beyond July 1, 2003 could work irreparable harm upon the proper administration and provision of essential governmental programs. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 2003.”

Acts 2005, No. 194, § 2: Feb. 17, 2005. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the procedure for accepting military surplus property has changed; that Arkansas law is not currently consistent with the new procedure; that this act is immediately necessary in order to process all military surplus property consistently in accordance with the new procedures. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2019, No. 82, § 23: July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the General Improvement Fund should no longer be utilized; that the Development and Enhancement Fund is necessary to complete unfinished state projects; and that this act is necessary to address infrastructure needs and unanticipated needs of the State of Arkansas. Therefore, an emergency is declared to exist, and this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

12-8-101. Division of Arkansas State Police created.

  1. There is created the Division of Arkansas State Police for the purposes of enforcing the motor vehicle laws, traffic laws, and other state laws relating to protecting and properly maintaining the state highway system of the State of Arkansas and to render more effective the apprehension of criminals and the enforcement of criminal law.
  2. The police officers provided for in this chapter shall be known as “Arkansas State Police”.

History. Acts 1945, No. 231, § 1; A.S.A. 1947, § 42-401; Acts 2019, No. 910, § 5757.

Publisher's Notes. Acts 1945, No. 231, § 25, in part, expressly repealed Acts 1937, No. 166 and Acts 1941, Nos. 371 and 372. The section vested all powers and duties of the Superintendent of the Arkansas State Police in the Director of the Arkansas State Police and vested all duties of the Arkansas State Police Commission and the State Police Department in the Department of Arkansas State Police.

Acts 1981, No. 45, § 2, provided, in part, that the Department of Arkansas State Police and the Arkansas Police Commission, which had previously been transferred by a type 2 transfer to the Department of Public Safety (abolished by Acts 1981, No. 45, § 1) by Acts 1971, No. 38, § 14, and all of their respective functions, powers, duties, personnel, and funds would be separated from the Department of Public Safety; that the department and commission would function, operate, and perform the same powers, functions, and duties; and that the members or heads thereof would be appointed in the same manner, as if they had never been transferred to the Department of Public Safety.

The section further provided that all powers, functions, and duties added to the Police or Police Services Division of the Department of Public Safety, subsequent to the enactment of Acts 1971, No. 38, would be vested in and performed by the Department of Arkansas State Police, and that all powers, functions, and duties of the Arkansas Police Commission with respect to the Department of Arkansas State Police, and all additional powers and duties of the commission added subsequent to the enactment of Acts 1971, No. 38, which had not been repealed, would be performed by the commission in the same manner as they were performed prior to the passage of Acts 1971, No. 38.

In addition, the section provided that nothing in the act should be construed to reduce any rights which an employee of the Department of Arkansas State Police had under any civil service or merit system.

Amendments. The 2019 amendment substituted “Division of Arkansas State Police” for “Department of Arkansas State Police” in (a).

12-8-102. Commission created — Members — Meetings — Elective office.

  1. The Arkansas State Police Commission is created and established.
    1. The commission shall be composed of seven (7) members to be appointed by the Governor for terms of seven (7) years, by and with the advice and consent of the Senate.
      1. Four (4) members shall be appointed from each of the four (4) congressional districts and three (3) shall be appointed from the state at large.
      2. However, no more than two (2) members shall be appointed from any congressional district.
    1. When vacancies occur in the commission, the Governor may temporarily fill the position consistent with subsection (b) of this section until the Senate is next in session.
    2. All appointments made at any time other than on the day following the expiration of a term shall be for the unexpired portion of the term.
  2. The commission shall meet and organize, electing one (1) member as chair and one (1) member as secretary.
  3. The chair shall have the power to convene the commission at such time as he or she may deem proper after due notice thereof to all the members of the commission.
  4. The commission is directed to hold a minimum of one (1) meeting per month.
  5. Except for those absences due to illness of the commissioner, failure of any commissioner to attend three (3) consecutive meetings shall constitute cause for removal from office by the Governor.
    1. A majority of the members of the commission shall constitute a quorum to transact any business properly brought before it and not inconsistent with the provisions of this chapter.
    2. A quorum may do and perform other duties as are prescribed in this chapter or that may be necessary for the proper enforcement of this chapter.
  6. Members of the commission may receive expense reimbursement and stipends in accordance with § 25-16-901 et seq.
    1. No member of the commission shall be eligible to hold or run for any elective office, either state or county, during the time he or she shall serve as a member of the commission.
    2. Any violation of subdivision (j)(1) of this section shall constitute cause for removal by the Governor.

History. Acts 1945, No. 231, §§ 2, 3; 1949, No. 157, § 1; 1953, No. 74, § 1; 1969, No. 394, § 1; 1975 (Extended Sess., 1976), No. 1035, § 1; 1981, No. 540, § 9; A.S.A. 1947, §§ 6-616, 42-402, 42-403, 42-403.1; reen. Acts 1987, No. 862, § 1; 1991, No. 1099, § 12; 1991, No. 1223, § 1; 1997, No. 250, § 64; 1999, No. 149, § 1; 2017, No. 250, § 1.

A.C.R.C. Notes. Part of this section was reenacted by Acts 1987, No. 862, § 1. Acts 1987, No. 834, provided that 1987 legislation reenacting acts passed in the 1976 Extended Session should not repeal any other 1987 legislation and that such other legislation would be controlling in the event of conflict.

Publisher's Notes. For detachment of commission from Department of Public Safety, see Publisher's Notes to § 12-8-101.

The terms of the members of the Arkansas State Police Commission are arranged so that one (1) term expires January 14 each year.

Amendments. The 2017 amendment deleted (b)(3).

12-8-103. Commission's powers and duties — Restrictions.

  1. The Arkansas State Police Commission shall:
    1. Approve or disapprove each promotion;
    2. Approve or disapprove each demotion for nondisciplinary reasons; and
    3. Review each application for employment presented to it by the Director of the Division of Arkansas State Police for certification to the eligibility list.
    1. The commission shall hear appeals of any disciplinary action taken against a commissioned officer by the director that results in removal, suspension, discharge, demotion, or disciplinary transfer.
    2. The appeal shall be heard under § 12-8-204(c).
  2. The members of the commission are granted disciplinary authority equal to that of supervisory and administrative personnel of the Division of Arkansas State Police with respect to violations of rules committed by a division employee in the presence of a commissioner.
    1. In addition to its existing powers and duties, the commission may administer oaths and subpoena witnesses, books, records, and other documents deemed necessary for the proper investigation and performance of any powers, functions, or duties of the commission.
    2. All such subpoenas shall be issued by the chair of the commission or such other members of the commission as authorized by a majority vote of the membership of the commission.
      1. Any person failing to appear or to produce the books, records, or documents subpoenaed by the commission shall be guilty of contempt.
      2. The person shall be punished by the circuit court upon petition being filed with the circuit court by the commission in the same manner as provided by law for punishment of contempt of the circuit court.
    1. The commission shall perform the duties prescribed in this chapter.
    2. For such purposes, the commission may promulgate and enforce reasonable and necessary rules.
  3. Members of the commission shall not exercise police powers, nor shall the appointment qualify a commissioner as a law enforcement officer as defined in § 12-9-102.

History. Acts 1945, No. 231, § 2; 1949, No. 157, § 1; 1953, No. 74, § 1; 1981, No. 45, § 2; 1981, No. 540, §§ 10, 11; A.S.A. 1947, §§ 42-401.1, 42-402, 42-403.2, 42-403.3; Acts 2001, No. 1697, § 1; 2005, No. 666, § 1; 2019, No. 315, §§ 844, 845; 2019, No. 910, §§ 5758, 5759.

Amendments. The 2005 amendment substituted “shall” for “is directed to” in (a); inserted the subdivision (1) and (3) designations in (a) and made related changes; deleted “or demotion” at the end of present (a)(1); and inserted (a)(2).

The 2019 amendment by No. 315 deleted “and regulations” following “rules” in (c); and deleted “and regulations” following “rules” in (e)(2).

The 2019 amendment by No. 910 substituted “Division of Arkansas State Police” for “Department of Arkansas State Police” in (a)(3) and (c); and substituted “division” for “department” in (c).

Case Notes

Disciplinary Action.

While the commission's actions on review may effectively enhance a punishment ordered by the director, such action is within the bounds of the statutory authority; inherent in the authority to disapprove disciplinary action is the obvious effect of enhancing or diminishing the action taken by the director. Tuck v. Ark. State Police Comm'n, 282 Ark. 39, 665 S.W.2d 276 (1984).

The commission acted within the bounds of its statutory authority in disapproving the director's proposed disciplinary actions against officer and making a recommendation for termination. Tuck v. Ark. State Police Comm'n, 282 Ark. 39, 665 S.W.2d 276 (1984).

Employment Discrimination.

Where the evidence was overwhelming that unsuccessful applicant for a position with the Arkansas State Police had a dismal employment history and unfavorable credit history, a prima facie case of race discrimination could not stand absent evidence that the police department's personnel actions were a pretext for racial discrimination. Ward v. Ark. State Police, 539 F. Supp. 1116 (E.D. Ark. 1982), aff'd, 714 F.2d 62 (8th Cir. 1983).

Cited: Lewellen v. Raff, 649 F. Supp. 1229 (E.D. Ark. 1986).

12-8-104. Director.

      1. After conferring with the members of the Arkansas State Police Commission, the Governor shall appoint a Director of the Division of Arkansas State Police who shall be the executive and administrative head of the Division of Arkansas State Police and shall receive a salary as fixed by law.
      2. The Director of the Division of Arkansas State Police shall serve at the pleasure of the Governor.
      3. The Director of the Division of Arkansas State Police shall report to the Secretary of the Department of Public Safety.
    1. The Director of the Division of Arkansas State Police shall be of good moral character and a resident and a qualified elector of the State of Arkansas.
    2. In addition to all other qualifications contained in this section, the Director of the Division of Arkansas State Police, at the time of appointment to the position of Director of the Division of Arkansas State Police, shall either:
      1. Be a college graduate with at least a bachelor's degree in criminology, business administration, or a related field;
      2. Have graduated from a standard high school or vocational school and have eight (8) years' previous experience in law enforcement or a related field with considerable supervisory and administrative experience; or
      3. Have at least ten (10) years' experience in law enforcement.
  1. The Director of the Division of Arkansas State Police shall determine the number of other officers and patrol personnel to be employed by the Division of Arkansas State Police, and they shall be paid salaries according to rank, not exceeding the salaries provided.
  2. The Director of the Division of Arkansas State Police shall promulgate such rules as are necessary for the efficient operation of the Division of Arkansas State Police and for the enforcement of such duties as are prescribed in this chapter.
  3. The Director of the Division of Arkansas State Police shall keep the books and records of the Division of Arkansas State Police, which shall be audited as the books and accounts of other state departments.
  4. An annual report to the secretary and a biannual report to the General Assembly showing the activities, number of arrests, amounts collected by the Division of Arkansas State Police, and disposition of all cases shall be made by the Director of the Division of Arkansas State Police.
    1. The Director of the Division of Arkansas State Police shall have supervision and control for the purpose of discipline and proper management of all the members and employees of the Division of Arkansas State Police.
      1. The Director of the Division of Arkansas State Police may designate that some or all employees of the Division of Arkansas State Police be trained pursuant to a memorandum of understanding between the State of Arkansas and the United States Department of Justice or the United States Department of Homeland Security concerning the enforcement of federal immigration laws on federal and interstate highways in the State of Arkansas.
      2. The amount spent for training employees of the Division of Arkansas State Police under the memorandum of understanding between the State of Arkansas and the United States Department of Justice or the United States Department of Homeland Security shall be paid in accordance with the provisions of § 12-8-118.
      1. Upon request of the Director of State Highways and Transportation, the Director of the Division of Arkansas State Police may designate certified law enforcement officers from the Arkansas Highway Police Division of the Arkansas Department of Transportation to be trained under the terms of the memorandum of understanding described in subdivision (f)(2) of this section.
      2. The amount spent for training certified law enforcement officers from the Arkansas Highway Police Division of the Arkansas Department of Transportation shall be paid by the Arkansas Department of Transportation.
  5. The Director of the Division of Arkansas State Police may establish such divisions within the ranks of the Division of Arkansas State Police as he or she may deem necessary and proper.
  6. Whenever in the Director of the Division of Arkansas State Police's discretion the action is necessary for the efficient operation of the Division of Arkansas State Police, the Director of the Division of Arkansas State Police may:
    1. Transfer, assign, and reassign from one division to another division any member of the Division of Arkansas State Police or other employee of the Division of Arkansas State Police; or
      1. Subject to the approval of the commission, promote or demote in rank any member of the Division of Arkansas State Police.
      2. However, any demotion pursuant to subdivision (h)(2)(A) of this section shall be for nondisciplinary reasons.
  7. Due to the exacting and special duties of the Director of the Division of Arkansas State Police, he or she may draw an expense allowance in an amount not to exceed six hundred dollars ($600) per month.
    1. Subject to the provisions of subsection (f) of this section, the Director of the Division of Arkansas State Police may negotiate the terms of a memorandum of understanding between the State of Arkansas and the United States Department of Justice or the United States Department of Homeland Security concerning the enforcement of federal immigration laws.
      1. The memorandum of understanding described in subdivision (j)(1) of this section must be signed on behalf of the State of Arkansas by the Director of the Division of Arkansas State Police, the Governor, and the Director of the Division of Law Enforcement Standards and Training.
      2. Prior to the signing provided for by subdivision (j)(2)(A) of this section, the memorandum of understanding shall be reviewed by the Legislative Council.
  8. The Director of the Division of Arkansas State Police shall implement or assist other entities to develop and implement a public service campaign concerning racial profiling and may utilize brochures, flyers, or public service announcements.

History. Acts 1945, No. 231, §§ 4, 14, 21; 1968 (1st Ex. Sess.), No. 65, § 1; A.S.A. 1947, §§ 42-404, 42-414, 42-421; Acts 1987, No. 1037, § 13; 1989 (1st Ex. Sess.), No. 285, § 11; 2001, No. 750, § 1; 2001, No. 1697, § 2; 2005, No. 665, § 1; 2005, No. 907, § 1; 2005, No. 2136, § 2; 2007, No. 1048, § 1; 2011, No. 779, § 1; 2017, No. 707, § 15; 2019, No. 910, § 5760.

Amendments. The 2005 amendment by No. 665, in (h), inserted “Whenever in the director's discretion the action is necessary for the efficient operation of the department”, inserted the subdivision (1) and (2)(A) designations and made related changes, and added (2)(B).

The 2005 amendment by No. 907 substituted “Director of the Department of Arkansas State Police” for “director” and “Department of Arkansas State Police” for “department” throughout; substituted “years'” for “years of” in (a)(3)(B) and (C); inserted the subdivision (1) designation in (f); inserted (f)(2) and (f)(3); substituted “he or she” for “director” in (g); rewrote (h); substituted “he or she may” for “the director is authorized to” in (i); and added (j).

The 2005 amendment by No. 2136 added (k).

The 2007 amendment substituted “shall implement or assist other entities to develop and implement” for “may implement” in (k).

The 2011 amendment substituted “promulgate such rules” for “promote such rules and regulations” in (c).

The 2017 amendment substituted “Department of Transportation” for “State Highway and Transportation Department” once in (f)(3)(A) and twice in (f)(3)(B); and substituted “paid” for “borne” in (f)(3)(B).

The 2019 amendment substituted “Division of Arkansas State Police” for “Department of Arkansas State Police” throughout the section; inserted (a)(1)(C); substituted “secretary” for “Governor” in (e); and substituted “Director of the Division of Law Enforcement Standards and Training” for “Director of the Law Enforcement Standards and Training” in (j)(2)(A).

Case Notes

Residency Requirement.

Appointee who lived out of state seven years before his appointment was not qualified for appointment as Director of the Department of Arkansas State Police, even though he owned real estate in Arkansas during all seven years and intended to return. Hogan v. Davis, 243 Ark. 763, 422 S.W.2d 412 (1967) (decision prior to 1968 amendment).

12-8-105. Officers and members — Oath.

  1. Before entering upon their duties, all members and officers of the Division of Arkansas State Police shall take the oath as now provided by law for public officials.
  2. The Director of the Division of Arkansas State Police shall take the additional oath that he or she will not be either directly or indirectly interested in any purchase made by or for the division.
  3. Any violation of oath shall constitute perjury and upon conviction shall be punished accordingly.
  4. The oath provided for in this section shall be filed in duplicate, the original filed with the division and a copy with the Secretary of the Arkansas State Police Commission.

History. Acts 1945, No. 231, § 14; A.S.A. 1947, § 42-414; Acts 2001, No. 1697, § 3; 2019, No. 910, § 5761.

Amendments. The 2019 amendment substituted “Division of Arkansas State Police” for “Department of Arkansas State Police” in (a) and (b); substituted “division” for “department” in (b) and (d); and made a stylistic change.

12-8-106. Division of Arkansas State Police — Duties and powers — Restrictions — Municipal police barred from patrolling certain highways.

    1. It shall be the duty of the Division of Arkansas State Police to:
      1. Patrol the public highways, make arrests, and enforce the laws of this state relating to motor vehicles and the use of the state highways;
      2. Establish, maintain, and enforce a towing rotation list to assist in clearing highways of motor vehicles which have been involved in accidents or abandoned;
      3. Assist in the collection of delinquent motor vehicle license taxes and the collection of gasoline and other taxes that are required by law; and
      4. Determine when, if possible, a person or persons are the cause of injury to any state highway or other state property and arrest all persons criminally responsible for injury to any state highway or other state property and bring them before the proper officer for trial.
    2. The Director of the Division of Arkansas State Police may promulgate necessary rules to carry out the purpose and intent of subdivision (a)(1)(B) of this section.
  1. The Division of Arkansas State Police shall be conservators of the peace and as such shall have the powers possessed by police officers in cities and county sheriffs in counties, except that the Division of Arkansas State Police may exercise such powers anywhere in this state.
  2. The Division of Arkansas State Police shall have the authority to establish a Crimes Against Children Division, either through transfer or by contract, to conduct child abuse investigations, to administer the Child Abuse Hotline, and, when consistent with rules promulgated by the Division of Arkansas State Police, to provide training and technical assistance to local law enforcement in conducting child abuse investigations.
  3. The police officers shall have all the power and authority of the State Fire Marshal and shall assist in making investigations of arson, § 5-38-301, and such other offenses as the director may direct and shall be subject to the call of the circuit courts of the state and the Governor.
  4. However, this chapter shall not be construed so as to take away any authority of the regularly constituted peace officers in the state, but the Division of Arkansas State Police shall cooperate with them in the enforcement of the criminal laws of the state and assist such officers either in the enforcement of the law or apprehension of criminals.
  5. Nothing in this chapter shall be construed as to authorize any officer of the Division of Arkansas State Police to serve writs unless they are specifically directed to the Division of Arkansas State Police, or an officer thereof, by the issuing authority.
  6. No officer or member of the Division of Arkansas State Police shall ever be used in performing police duties on private property in connection with any strike, lockout, or other industrial disturbance.
      1. The following law enforcement officers are prohibited from patrolling controlled-access facilities except as may be authorized by the director:
        1. A municipal police officer;
        2. An officer established under § 14-42-401 et seq. [repealed];
        3. A city marshal; and
        4. A constable.
      2. The director may withdraw any previously issued authorization to patrol controlled-access facilities.
        1. The director shall promulgate rules in accordance with the Arkansas Administrative Procedure Act, § 25-15-201 et seq., to establish criteria for granting or withdrawing authorization to patrol controlled-access facilities.
        2. In adopting the rules described in subdivision (h)(1)(C)(i) of this section, the director at a minimum shall take into consideration the following factors:
          1. Public safety;
          2. Training of the law enforcement officers;
          3. Size of the law enforcement agency;
          4. Financial impact;
          5. Abuse of police power; and
          6. The types of roadways or highways that are controlled-access facilities for purposes of this section.
    1. The following law enforcement officers may patrol any service roads that are within their jurisdiction situated adjacent to controlled-access facilities:
      1. A municipal police officer; (B) An officer established under § 14-42-401 et seq. [repealed];
    2. This subsection shall not prohibit a municipal police officer, an officer established under § 14-42-401 et seq. [repealed], a city marshal, or a constable from responding to an accident or other emergency on a controlled-access facility.

(C) A city marshal; and

(D) A constable.

History. Acts 1945, No. 231, §§ 7, 8; 1963, No. 133, § 1; A.S.A. 1947, §§ 42-407, 42-408; Acts 1987, No. 509, § 1; 1997, No. 1240, § 7; 2001, No. 254, § 1; 2001, No. 441, § 1; 2001, No. 1697, § 4; 2007, No. 371, § 1; 2011, No. 741, § 1; 2019, No. 315, §§ 846, 847; 2019, No. 910, §§ 5762-5765.

A.C.R.C. Notes. Acts 2019, No. 150, § 1, repealed § 14-42-401 et seq.

Amendments. The 2007 amendment inserted “patrolling” preceding “certain” in the section heading; added the subsection designated (h)(1)(A); substituted “controlled-access facilities” for “limited access highways” in (h)(1)(A); added (h)(1)(B) and (h)(1)(C); substituted “controlled-access facilities” for “limited access highways” in (h)(2); and substituted “controlled-access facility” for “limited access highway” in (h)(3).

The 2011 amendment substituted “The following law enforcement officers” for “Municipal police” in the introductory paragraph of (h)(1)(A); inserted (h)(1)(A)(i) through (iv); deleted “for municipal police” following “authorization” in (h)(1)(B) and (h)(1)(C)(i); substituted “law enforcement officers” for “municipal police” in (h)(1)(C)(ii) (b) ; substituted “law enforcement agency” for “municipal police force” in (h)(1)(C)(ii) (c) ; substituted “The following law enforcement officers” for “Municipal police” in the introductory paragraph of (h)(2); inserted (h)(2)(A) through (D); and inserted “an officer established under § 14-42-401 et seq., a city marshal, or a constable” in (h)(3).

The 2019 amendment by No. 315 deleted “and regulations” following “rules” in (a)(2); and substituted “rules” for “regulations” in (c).

The 2019 amendment by No. 910, throughout the section, substituted “Division of Arkansas State Police” for “Department of Arkansas State Police”, and substituted “Division of Arkansas State Police” for “department”.

Cross References. Accident report forms for traffic accidents prepared by department, § 27-53-206.

Arkansas State Criminal Records Act, intent of, § 12-12-1502.

Authority of Medicaid Fraud Protection Unit, § 12-8-507.

Dissemination of criminal history information, § 12-12-1504.

Drivers' examinations conducted by, § 27-16-705.

Highways, roads, and streets, § 27-64-101 et seq.

Implementation of Arkansas State Criminal Records Act, § 12-12-1512.

Municipal police departments, § 14-52-101 et seq.

Reports of motor vehicle accidents made to, § 27-53-201 et seq.

Case Notes

Extraterritorial Authority.

Given that the statutory grant of authority to the state police in subsection (b) is equivalent to that possessed by municipal police officers and county sheriffs, a request for assistance by an Arkansas State Police Trooper is sufficient to give rise to extraterritorial arrest authority to a local law enforcement officer. White v. State, 41 Ark. App. 170, 850 S.W.2d 34 (1993).

City police officer lacked the authority under Arkansas law to make traffic stops and arrests on the Interstate. Nevertheless, because he had probable cause to arrest for the offense of reckless driving committed in his presence, no Fourth Amendment violation occurred, with the result that the arrestee's 42 U.S.C. § 1983 cause of action failed as a matter of law. Rose v. City of Mulberry, 533 F.3d 678 (8th Cir. 2008).

Evidence obtained in a stop of defendant's vehicle for speeding on the interstate should have been suppressed because a municipal police department did not have the authority to make a selective-traffic enforcement type of traffic stop on the interstate; Arkansas State Police Director's letter in force at the time of the stop limited the authority to general patrol purposes only. McKim v. State, 2009 Ark. App. 834 (2009).

Lieutenant did not have a letter from the director of the Arkansas State Police authorizing his activities, but he was working interdiction on the interstate to locate drugs in vehicles as a deputy sheriff commissioned by the county sheriff's department, he produced his identification card showing his commission dates, and he testified that when he discovered defendant appeared to be intoxicated, he notified another lieutenant who was specifically working driving while intoxicated investigations; there was no clear error in the trial court's finding that the lieutenant was acting on behalf of the county when he conducted the traffic stop. Batchelor v. State, 2014 Ark. App. 682, 450 S.W.3d 245 (2014).

Investigatory Stop of Automobiles.

Officer held justified in stopping vehicle to investigate reason for slow speed and to determine age of operator. Perez v. State, 260 Ark. 438, 541 S.W.2d 915 (1976).

Towing Rotation List.

Circuit court properly granted summary judgment to the Arkansas State Police (ASP) in an action by a towing company and an employee for injunctive and declaratory relief asserting that the ASP policy prohibiting individuals with felony convictions from placement on the ASP Towing Rotation List was illegal under § 17-1-103. Plaintiffs' suit was barred by sovereign immunity, because § 17-1-103 did not apply to ASP, as ASP did not deal in licensing or regulating the occupation of towing within the meaning of § 17-1-103(f), as required for § 17-1-103 to apply; thus, plaintiffs failed to demonstrate that the illegal-act exception to sovereign immunity applied. Steve's Auto Ctr. of Conway, Inc. v. Ark. State Police, 2020 Ark. 58, 592 S.W.3d 695 (2020).

12-8-107. Arrests and detentions.

  1. If any officer of the Division of Arkansas State Police delivers an arrested person to a county jail for detention, it shall be the duty of the jailer to receive the prisoner.
  2. The division officer may notify the county sheriff or prosecuting officer of the county in which the crime was committed of the arrest and detention of the prisoner and make such lawful disposition of the prisoner as the division officer is directed to do by the county sheriff or prosecuting officer.

History. Acts 1945, No. 231, § 8; A.S.A. 1947, § 42-408; Acts 2001, No. 1697, § 5; 2019, No. 910, § 5766.

Amendments. The 2019 amendment substituted “Division of Arkansas State Police” for “Department of Arkansas State Police” in (a); and substituted “division officer” for “department officer” twice in (b).

12-8-108. Security of Governor, capitol building, etc.

  1. The Division of Arkansas State Police shall be responsible for the safety and security of the:
    1. Governor and his or her family;
    2. Lieutenant Governor and his or her family;
    3. Governor's Mansion and mansion grounds; and
    4. State Capitol Building and State Capitol grounds.
  2. The division is authorized to assign officers of the division in such numbers and to such locations as is necessary to carry out the responsibility imposed on the division by this section.
  3. Data, records, surveillance footage, security procedures, emergency plans, and other information compiled or possessed by the division concerning the Governor's Mansion and mansion grounds are confidential and not subject to disclosure under the Freedom of Information Act of 1967, § 25-19-101 et seq.

History. Acts 1973, No. 422, § 1; A.S.A. 1947, § 5-914.1; Acts 2017, No. 483, § 1; 2019, No. 910, § 5767.

Amendments. The 2017 amendment added (c).

The 2019 amendment substituted “Division of Arkansas State Police” for “Department of Arkansas State Police” in the introductory language of (a); and substituted “division” for “department” three times in (b), and in (c).

12-8-109. Police protection for statewide functions.

  1. The Division of Arkansas State Police shall provide police protection, commensurate with the available personnel and resources of the division that are not required for other activities, benefiting any statewide function or similar activities sponsored or conducted by:
    1. A state agency, board, or commission;
    2. A state-supported college or university;
    3. A private nonprofit association or organization on public property; or
    4. Statewide athletic events under the auspices of the public schools.
  2. For the purposes of this section, the statewide functions for which the division may provide police protection at the Arkansas State Fair and Livestock Showgrounds shall include the annual Arkansas State Fair and Livestock Show held at the showgrounds, and statewide athletic contests in which the public schools of this state participate which are held at the showgrounds.

History. Acts 1973, No. 430, § 1; A.S.A. 1947, § 42-407.1; Acts 2019, No. 910, § 5768.

Amendments. The 2019 amendment substituted “Division of Arkansas State Police” for “Department of Arkansas State Police” in the introductory language of (a); and substituted “division” for “department” in the introductory language of (a), and in (b).

12-8-110. Deputizing citizens in emergency.

Any Division of Arkansas State Police officer shall have the authority in case of emergency to call upon and deputize any reputable citizen of the state for assistance whenever it is deemed necessary for the proper enforcement of the law.

History. Acts 1945, No. 231, § 13; A.S.A. 1947, § 42-413; Acts 2019, No. 910, § 5769.

Amendments. The 2019 amendment substituted “Division of Arkansas State Police” for “Department of Arkansas State Police”.

Cross References. Penalty for refusing to assist law enforcement officer, § 5-54-109.

12-8-111. Cooperation among agencies.

  1. It shall be the duty of the Division of Arkansas State Police and its officers to cooperate with other law enforcement agencies of this state in the investigation and apprehension of criminals and the prevention of crime within the state and to use every means at their disposal in disseminating information that will more effectively expedite the detection of crime and the apprehension and conviction of criminals and promote the highest possible degree of efficiency in the enforcement of the criminal and traffic laws of the state.
  2. The law enforcement agencies of the state shall furnish to the division such information as they may have or shall hereafter acquire upon request of the Director of the Division of Arkansas State Police relating to crime and criminals and otherwise cooperate with the division in the enforcement of the criminal and traffic laws of this state.

History. Acts 1945, No. 231, §§ 10, 12; A.S.A. 1947, §§ 42-410, 42-412; Acts 2001, No. 1697, § 6; 2019, No. 910, § 5770.

Amendments. The 2019 amendment substituted “Division of Arkansas State Police” for “Department of Arkansas Police” in (a) and (b); and substituted “division” for “department” twice in (b).

Cross References. Crime prevention generally, § 12-11-101 et seq.

12-8-112. Headquarters — Identification Bureau.

  1. The Division of Arkansas State Police shall maintain headquarters and an Identification Bureau which shall be located at the State Capitol or elsewhere in Pulaski County.
  2. The division may establish district headquarters in other parts of the state if it is found to be necessary for the better enforcement of the provisions of this chapter. The Director of the Division of Arkansas State Police shall have the authority to assign the personnel for the district headquarters when designated.

History. Acts 1945, No. 231, § 11; A.S.A. 1947, § 42-411; Acts 2003, No. 1473, § 25; 2019, No. 910, § 5771.

Publisher's Notes. Acts 1961, No. 12, § 1, provided that the State Police Headquarters, in Warren, Bradley County, Arkansas, would be designated a permanent facility in the memory of the late Honorable Carroll C. Hollensworth and that the Arkansas State Police Commission should maintain it as a permanent district headquarters of the Arkansas State Police.

Amendments. The 2019 amendment substituted “Division of Arkansas State Police” for “Department of Arkansas Police” in (a) and in the second sentence of (b); substituted “Pulaski County” for “in the City of Little Rock” in (a); and substituted “division” for “department” in the first sentence (b).

12-8-113. Drug Abuse Enforcement Unit — Hot line.

  1. The Director of the Division of Arkansas State Police is directed to establish a Drug Abuse Enforcement Unit and assign sufficient supervisory, clerical, and enforcement personnel to carry out the duties and responsibilities of that unit as defined by the Uniform Controlled Substances Act, § 5-64-101 et seq.
    1. The unit shall operate a “drug abuse hot line” to allow citizens to use a toll-free in-watts telephone line to report to the Division of Arkansas State Police information regarding possible violations of the Uniform Controlled Substances Act, § 5-64-101 et seq., and other provisions of Arkansas law relating to unlawful use of drugs.
    2. The division shall encourage citizen involvement in combating drug-related crimes by publicizing the existence of the drug abuse hot line.

History. Acts 1975 (Extended Sess., 1976), No. 1017, § 20; A.S.A. 1947, § 42-404.1; Acts 1989, No. 859, § 1; 2019, No. 910, § 5772.

Amendments. The 2019 amendment substituted “Division of Arkansas State Police” for “Department of Arkansas Police” in (a) and (b)(1); and substituted “division” for “department” in (b)(2).

12-8-114. Legal counsel and advisors.

  1. The Attorney General shall be the legal representative and advisor of the Arkansas State Police Commission, the Division of Arkansas State Police, and the Director of the Division of Arkansas State Police.
  2. However, the director, with the approval of the Attorney General and Governor, may employ other counsel when in the Attorney General's and Governor's judgment it is necessary for the proper enforcement of the provisions of this chapter and the efficient operation of the division.
  3. However, this chapter shall not be construed as relieving the prosecuting attorneys from any duties imposed upon them by law.

History. Acts 1945, No. 231, § 16; A.S.A. 1947, § 42-416; Acts 2019, No. 910, § 5773.

Amendments. The 2019 amendment substituted “Division of Arkansas State Police” for “Department of Arkansas State Police” twice in (a); and substituted “division” for “department” in (b).

12-8-115. Physicians and surgeons.

  1. The Director of the Division of Arkansas State Police may designate one (1) physician and surgeon in each district of the state who shall be the physician and surgeon of the Division of Arkansas State Police within and for the district.
    1. The physician and surgeon shall conduct the physical examinations required by this chapter and give medical treatment to any member or officer of the division for injuries received while in the performance of official duty.
    2. The physician and surgeon shall be given honorary commissions by the director and shall serve without pay.

History. Acts 1945, No. 231, § 26; A.S.A. 1947, § 42-426; Acts 2019, No. 910, § 5774.

Amendments. The 2019 amendment substituted “Division of Arkansas State Police” for “Department of Arkansas State Police” twice in (a); and substituted “division” for “department” in (b)(1).

12-8-116. Motor vehicles.

    1. All automobiles, motorcycles, or other vehicles of any nature owned, used, and operated by the Division of Arkansas State Police shall be exempt from the payment of any licenses, fees, and charges required by the laws of this state for the operation of the vehicles upon the public highways of this state.
    2. The Director of the Division of Arkansas State Police and the Secretary of the Department of Finance and Administration shall adopt identification tags or other insignia which shall be attached to the vehicles by the officers, members, and employees of the division, for which tag or insignia no charge shall be made or collected.
  1. The division is granted authority to purchase used vehicles for use in confidential assignments and drug investigations.

History. Acts 1945, No. 231, § 25; 1983, No. 537, § 9; A.S.A. 1947, §§ 42-409.1, 42-425; Acts 2019, No. 910, § 5775.

Amendments. The 2019 amendment substituted “Division of Arkansas State Police” for “Department of Arkansas State Police” in (a)(1) and (a)(2); substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration” in (a)(2); and substituted “division” for “Department of Arkansas State Police” in (a)(2) and (b).

12-8-117. Purchasing evidence.

Upon approval by the Chief Fiscal Officer of the State, a warrant may be drawn against the State Treasury for the amount up to but not to exceed the appropriated amount and deposited into a bank account for the purpose of purchasing evidence.

History. Acts 1981, No. 540, § 8; A.S.A. 1947, § 42-420.1.

12-8-118. Payment of salaries and expenses.

The salaries and expenses provided for in this chapter shall be paid by warrant upon a voucher properly drawn by the Director of the Division of Arkansas State Police and paid out of any funds now available for the payment of salaries and expenses of the Division of Arkansas State Police from the Division of Arkansas State Police Fund or any other fund as provided by law.

History. Acts 1945, No. 231, § 14; A.S.A. 1947, § 42-414; Acts 2019, No. 910, § 5776.

Amendments. The 2019 amendment substituted “Division of Arkansas State Police” for “Department of Arkansas State Police” twice and “Division of Arkansas State Police Fund” for “Department of Arkansas State Police Fund”.

Cross References. Department of Arkansas State Police Fund, § 19-6-404.

12-8-119. Police training school.

  1. The Director of the Division of Arkansas State Police may establish, maintain, and conduct a police training school and may admit to the training school police officers and judicial officers of the various political subdivisions of the State of Arkansas.
  2. The director may prescribe all rules necessary for the proper functioning and operating of the school.

History. Acts 1945, No. 231, § 17; A.S.A. 1947, § 42-417; Acts 2019, No. 315, § 848; 2019, No. 910, § 5777.

Amendments. The 2019 amendment by No. 315 deleted “and regulations” following “rules” in (b).

The 2019 amendment by No. 910 substituted “Division of Arkansas State Police” for “Department of Arkansas State Police” in (a).

Cross References. Law Enforcement Training Academy, § 12-9-201 et seq.

12-8-120. Background investigations.

  1. The Division of Arkansas State Police is authorized to charge a fee, not to exceed twenty dollars ($20.00), for each background investigation requested of and conducted by the division.
  2. The background investigation fee shall be collected by the division and deposited into the State Treasury as special revenue to the credit of the Division of Arkansas State Police Fund.

History. Acts 1993, No. 508, § 14; 2001, No. 1697, § 7; 2019, No. 910, § 5778.

Amendments. The 2019 amendment substituted “Division of Arkansas State Police” for “Department of Arkansas State Police” in (a); substituted “division” for “department” in (a) and (b); and substituted “Division of Arkansas State Police Fund” for “Department of Arkansas State Police Fund” in (b).

Cross References. Department of Arkansas State Police Fund, § 19-6-404.

12-8-121. Use of state uniform, patch, or logo prohibited.

  1. It shall be prohibited for any law enforcement agency, private security firm, corporation, partnership, or individual to wear a uniform in the same design and specific color scheme as the Division of Arkansas State Police.
  2. No law enforcement agency, private security firm, corporation, partnership, or individual may use the Arkansas State Police uniform or patch, nor may the Arkansas State Police logo or the terms “Arkansas State Police”, “Arkansas State Trooper”, or “Arkansas State Troopers” be used or otherwise displayed for the endorsement of any product, business, or purpose without the express written permission of the Director of the Division of Arkansas State Police.
  3. Nothing in this section shall prohibit uniforms or commercial concerns from reproducing these items for division use, nor the public display of the uniform, patch, or logo when it relates to official governmental business.

History. Acts 1995, No. 935, §§ 1-3; 2001, No. 1094, § 1; 2019, No. 910, § 5779.

Amendments. The 2019 amendment substituted “Division of Arkansas State Police” for “Department of Arkansas State Police” in (a) and (b); and substituted “division” for “department” in (c).

12-8-122. [Repealed.]

Publisher's Notes. This section, concerning the replacement of motor vehicles by the Department of Arkansas State Police, was repealed by Acts 2003, No. 1609, § 17. The section was derived from Acts 1995, No. 1154, § 11.

12-8-123. [Repealed.]

A.C.R.C. Notes. This section was specifically repealed by Acts 2005, No. 194, § 1. Pursuant to Acts 2005, No. 1962, § 119, the amendments to this section by Acts 2005, No. 1962, § 23 are superseded by Acts 2005, No. 194, § 1.

Publisher's Notes. This section, concerning accepting surplus United States Department of Defense property, was repealed by Acts 2005, No. 194, § 1. The section was derived from the following sources: Acts 1995, No. 462, § 1; 2001, No. 1697, § 8.

12-8-124. [Repealed.]

Publisher's Notes. This section, concerning replacement of motor vehicles, was repealed by Acts 2001, No. 1422, § 16. The section was derived from Acts 1997, No. 853, § 13.

12-8-125. Small Municipality Law Enforcement Vehicle Grant Program.

  1. There is created the “Small Municipality Law Enforcement Vehicle Grant Program”, to be administered by the Division of Arkansas State Police with funding from the General Improvement Fund or its successor fund or fund accounts, including the Development and Enhancement Fund.
    1. The program may provide grants to cities of the second class as determined under § 14-37-103 or incorporated towns as determined under § 14-37-103 for the purpose of purchasing used vehicles from the Marketing and Redistribution Section within the Office of State Procurement.
    2. Vehicles purchased under subdivision (b)(1) of this section shall be used by law enforcement agencies of the city of the second class or incorporated town receiving the grant.
    1. The division shall promulgate rules necessary for the implementation of the program.
    2. The rules shall include:
      1. The procedure for making an application for a grant;
      2. The selection criteria for a grant;
      3. The limitations on use of grant money; and
      4. A procedure to provide for accountability of grant recipients.
  2. A city of the second class or incorporated town shall not be required to provide matching funds to receive a grant under this section.
  3. If the Division of Arkansas State Police awards a grant to a city of the second class or incorporated town under this section, the division shall pay the grant funds for the purchase of a used vehicle directly to the Marketing and Redistribution Section within the Office of State Procurement.
  4. Funds from a grant received under this section shall not be used to pay sales tax for a used vehicle purchased from the Marketing and Redistribution Section within the Office of State Procurement.
  5. The awarding of grants under this section is contingent on the appropriation and availability of funding for the program.

History. Acts 2011, No. 1237, § 1; 2019, No. 82, § 5; 2019, No. 910, §§ 5780-5782.

A.C.R.C. Notes. Acts 2019, No. 82, § 1, provided: “Legislative intent.

It is the intent of the General Assembly that the creation of the Development and Enhancement Fund is necessary to provide a mechanism to disburse funds for:

“(1) Various construction and improvement projects;

“(2) Unforeseen needs;

“(3) Funding deficiencies; and

“(4) The completion of projects previously funded by the General Assembly”.

Amendments. The 2019 amendment by No. 82 added “including the Development and Enhancement Fund” in (a).

The 2019 amendment by No. 910 substituted “Division of Arkansas State Police” for “Department of Arkansas State Police” in (a) and (e); substituted “division” for “Department of Arkansas State Police” in (c)(1) and (e); and deleted “of the Department of Finance and Administration” at the end of (e).

Subchapter 2 — Police Officers

Cross References. Retirement of State Police, § 24-6-201 et seq.

Scholarships for children of law enforcement officers, § 6-82-501 et seq.

Effective Dates. Acts 1945, No. 231, § 28: Mar. 20, 1945. Emergency clause provided: “It having been ascertained and determined by the General Assembly that on account of the widespread disregard for the traffic laws of the state and the rules and regulations governing the same as a result of the establishment of many large war plants and military posts in the State of Arkansas, together with the enormous increase of traffic caused by the war, which has created conditions at and around such war plants and military posts creating a condition upon the highways of this state which, in order to efficiently operate the Department of Arkansas State Police, make it necessary that the same be departmentalized and organized in such manner that the personnel of said department can be assigned and directed in a more efficient manner and because of the hazards to life and limb as a result of the disregard for the laws making such conditions dangerous to the health, peace, and safety of the people of Arkansas an emergency is hereby declared to exist and this act being necessary for the preservation of the peace, health, and safety of the citizens of this state and for the traveling public, this act shall take effect and be in full force after its passage and approval.”

Acts 1959, No. 91, § 5: Feb. 24, 1959. Emergency clause provided: “It is hereby found and declared by the General Assembly of Arkansas that under the present law there is no adequate protection or compensation for the families and dependents of members of the State Police and its divisions who have lost their lives in the course of employment, and that it is urgent that such protection and compensation be provided. Therefore, an emergency is hereby declared to exist and this act being necessary for the immediate preservation of the public peace, health, and safety shall be in full force and effect from and after its passage and approval.”

Acts 1975, No. 636, § 3: July 1, 1975. Emergency clause provided: “It is hereby found and determined by the Seventieth General Assembly that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a two-year period; that the effectiveness of this act on July 1, 1975 is essential to the operation of the agency for which the appropriation in this act is provided, and that in the event of an extension of the Regular Session, the delay in the effective date of this act beyond July 1, 1975 could work irreparable harm upon the proper administration and providing of essential governmental programs. Therefore, an emergency is hereby declared to exist, and this act being necessary for the immediate preservation of the public peace, health, and safety, shall be in full force and effect from and after July 1, 1975.”

Acts 1981, No. 12, § 4: Feb. 2, 1981. Emergency clause provided: “It is hereby found and determined by the General Assembly that there is currently no law specifically authorizing the State Police Commission to award a retiring officer the handgun carried by the officer during his service and there has been some concern regarding the commission's practice of making such awards; that the award of a handgun to a retiring officer is effective in maintaining good morale among the officers of the State Police and thereby promotes effective and efficient law enforcement; that this act is designed to give specific authority to the commission to make such awards and should be given effect immediately. Therefore, an emergency is hereby declared to exist and this act being necessary for the immediate preservation of the public peace, health, and safety shall be in full force and effect from and after its passage and approval.”

Acts 1981, No. 700, § 3: Mar. 24, 1981. Emergency clause provided: “It is hereby found and determined by the General Assembly that present law requires the State Police Commission to hear within thirty (30) days from the date of filing an appeal, all appeals from state policemen regarding disciplinary actions taken by the Director of the State Police; that the commission meets only once a month and therefore the current law places an undue burden on the commission; and that this act is necessary to grant the commission a reasonable time within which to hear such appeals. Therefore, an emergency is hereby declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall be in full force and effect from and after its passage and approval.”

Acts 1985, No. 951, § 5: July 1, 1985.

Acts 1993, No. 508, § 22: July 1, 1993. Emergency clause provided: “It is hereby found and determined by the Seventy-Ninth General Assembly, that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a two (2) year period; that the effectiveness of this Act on July 1, 1993 is essential to the operation of the agency for which the appropriations in this Act are provided, and that in the event of an extension of the Regular Session, the delay in the effective date of this Act beyond July 1, 1993 could work irreparable harm upon the proper administration and provision of essential governmental programs. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 1993.”

Acts 2003, No. 1609, § 24: July 1, 2003. Emergency clause provided: “It is found and determined by the General Assembly, that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a two (2) year period; that the effectiveness of this Act on July 1, 2003 is essential to the operation of the agency for which the appropriations in this Act are provided, and that in the event of an extension of the Regular Session, the delay in the effective date of this Act beyond July 1, 2003 could work irreparable harm upon the proper administration and provision of essential governmental programs. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 2003.”

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

Acts 2019, No. 1007, § 23: July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly, that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a one (1) year period; that the effectiveness of this Act on July 1, 2019 is essential to the operation of the agency for which the appropriations in this Act are provided, and that in the event of an extension of the legislative session, the delay in the effective date of this Act beyond July 1, 2019 could work irreparable harm upon the proper administration and provision of essential governmental programs. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 2019”.

Case Notes

Suits Against Officers.

Members of the Arkansas State Police are state officers and therefore can be sued only in the official residence of the Arkansas State Police, which is Pulaski County. Downey v. Toler, 214 Ark. 334, 216 S.W.2d 60 (1948).

12-8-201. Members of police force — Selection.

  1. The Director of the Division of Arkansas State Police shall appoint all members of the police force, subject to approval of the Arkansas State Police Commission, and the director shall select the clerical and stenographic force of the Division of Arkansas State Police.
  2. The commission shall promulgate rules setting forth the minimum qualifications for employment as a division police officer and prescribing the manner of examination of applicants for the position.
  3. The director shall receive all applications for positions as division officers and submit them to the commission for examination as to the physical fitness and mental qualifications of the applicants and for such other examinations as provided for by the commission's rules.
  4. All applications and examinations shall be in writing and shall be kept as a permanent file by the commission for not less than five (5) years.
    1. A list containing the names of all applicants who possess the necessary qualifications as determined by the commission shall be certified to the director.
    2. From this list, the director shall make the final selection for the appointments, and any vacancy occurring in the division shall be filled from this list.

History. Acts 1945, No. 231, §§ 5, 6; A.S.A. 1947, §§ 42-405, 42-406; Acts 2001, No. 1697, § 9; 2019, No. 315, § 849; 2019, No. 910, §§ 5783, 5784.

Publisher's Notes. In addition to enacting the general and permanent provisions codified in this section, Acts 1945, No. 231, § 5, provided that all members of the Department of Arkansas State Police who held the rank of captain, lieutenant, sergeant, or patrolman on December 1, 1944, would be commissioned by the director immediately after the act became effective (March 20, 1945), with the same rank they held on December 1, 1944, and that they would have full credit under the provisions of the act pertaining to retirement and disability benefits and civil service for service performed as a member of the Arkansas State Police or Arkansas State Rangers.

Amendments. The 2019 amendment by No. 315 deleted “and regulations” following “rules” in (b) and (c).

The 2019 amendment by No. 910 substituted “Division of Arkansas State Police” for “Department of Arkansas State Police” twice in (a); and substituted “division” for “department” in (b), (c), and (e)(2).

Case Notes

Employment Discrimination.

Where unsuccessful applicant for position with Arkansas State Police had dismal employment history and unfavorable credit history, a prima facie case of race discrimination could not stand absent evidence that the police department's personnel actions were a pretext for racial discrimination. Ward v. Ark. State Police, 539 F. Supp. 1116 (E.D. Ark. 1982), aff'd, 714 F.2d 62 (8th Cir. 1983).

Cited: Seal v. Pryor, 504 F. Supp. 599 (E.D. Ark. 1980).

12-8-202. Qualifications of members.

      1. All applicants for positions as police officers of the Department of Arkansas State Police shall be citizens of the United States.
      2. However, the applicants must become citizens of the State of Arkansas in order to commence employment.
    1. Any applicant shall be employed strictly upon an efficiency basis irrespective of race, gender, religion, or political affiliation.
  1. No person shall be eligible for a position as a commissioned member of the department who:
    1. Has been convicted of a felony in any state or federal court;
    2. Is prohibited by state or federal law from possessing a weapon; or
    3. Is known to be a person of immoral character.
  2. Police officers of the department shall not be appointed as patronage or political favor.

History. Acts 1945, No. 231, § 6; A.S.A. 1947, § 42-406; Acts 1997, No. 380, § 1; 2001, No. 1697, § 10.

Case Notes

Employment Discrimination.

Where unsuccessful applicant for position with Arkansas State Police had dismal employment history and unfavorable credit history, a prima facie case of race discrimination could not stand absent evidence that the police department's personnel actions were a pretext for racial discrimination. Ward v. Ark. State Police, 539 F. Supp. 1116 (E.D. Ark. 1982), aff'd, 714 F.2d 62 (8th Cir. 1983).

Cited: Seal v. Pryor, 504 F. Supp. 599 (E.D. Ark. 1980).

12-8-203. Probationary period.

    1. Each person who is selected as a police officer of the Division of Arkansas State Police shall be a probationer for a period of eighteen (18) months from his or her date of hire.
    2. A probationer may be discharged by the Director of the Division of Arkansas State Police with the approval of the Arkansas State Police Commission with or without cause.
  1. The probationary period shall not apply to a person who has already served a probationary period.

History. Acts 1945, No. 231, § 6; 1981, No. 700, § 1; A.S.A. 1947, § 42-406; Acts 2001, No. 1697, § 11; 2003, No. 1041, § 1; 2005, No. 667, § 1; 2011, No. 14, § 1; 2019, No. 910, § 5785.

A.C.R.C. Notes. Acts 2011, No. 14, § 2, provided: “This act does not apply to a police officer of the Department of Arkansas State Police serving a probationary period on the effective date of this act.”

Amendments. The 2005 amendment inserted the subdivision (1) and (2) designations in (a); substituted “from his or her date of hire” for “after completion of the department recruit academy and prescribed field training program and” in present (a)(1); substituted “A probationer” for “during that time” in present (a)(2); and substituted “already” for “theretofore” in (b).

The 2011 amendment, in (a)(1), substituted “police officer” for “member” and “eighteen (18) months” for “one (1) year”.

The 2019 amendment substituted “Division of Arkansas State Police” for “Department of Arkansas State Police” in (a)(1) and (a)(2).

Case Notes

Cited: Seal v. Pryor, 504 F. Supp. 599 (E.D. Ark. 1980).

12-8-204. Tenure — Removal, suspension, or discharge.

  1. The members of the Division of Arkansas State Police shall hold their offices until and unless removed for cause.
  2. Should the Director of the Division of Arkansas State Police deem it necessary to remove, suspend, discharge, demote, or transfer for disciplinary reasons any division officer, the director shall do so by written notice.
    1. Any division officer so removed, suspended, discharged, demoted, or transferred shall have the right of appeal to the Arkansas State Police Commission, provided that notice of the appeal shall be lodged with the commission within ten (10) days after notice to the officer of his or her discharge, removal, suspension, demotion, or disciplinary transfer.
    2. When so filed, the appeal shall be heard and determined by the commission within a reasonable time from the date the appeal is filed with the commission.
    1. Provided the appeal is perfected within thirty (30) days from the date of the final order made by the commission, an appeal may be taken to the Pulaski County Circuit Court from any order of the commission discharging, removing, suspending, demoting, or transferring for disciplinary reasons any member of the division force.
    2. The appeal shall be heard by the court without the introduction of any further testimony.

History. Acts 1945, No. 231, § 6; 1981, No. 700, § 1; A.S.A. 1947, § 42-406; Acts 2001, No. 1697, § 12; 2019, No. 910, § 5786.

Amendments. The 2019 amendment substituted “Division of Arkansas State Police” for “Department of Arkansas State Police” in (a) and (b); and substituted “division” for “department” in (b), (c)(1), and (d)(1).

Case Notes

Hearing.

Where a dismissed state trooper sought an injunction to prevent the State Police Commission from barring the press from his hearing, it was actually a suit for mandamus rather than a petition for injunctive relief. Ark. State Police Comm'n v. Davidson, 252 Ark. 137, 477 S.W.2d 852 (1972).

The Freedom of Information Act, § 25-19-101 et seq., required that the hearing of testimony, as distinguished from a discussion or consideration by the State Police Commission, must be held in public. Ark. State Police Comm'n v. Davidson, 253 Ark. 1090, 490 S.W.2d 788 (1973).

Cited: Seal v. Pryor, 504 F. Supp. 599 (E.D. Ark. 1980).

12-8-205. Political activities.

  1. The members of the Department of Arkansas State Police shall be prohibited from engaging in any partisan political or election campaign activities during hours when they are performing work for the department.
    1. The members of the department shall not be at any time detailed to perform any work pertaining to political activities affecting either a candidate or measures.
    2. The members of the department shall not display any political banners, posters, or literature on any department or state government offices, buildings, or other facilities.
    3. Department vehicles shall not display any political bumper stickers or decals and shall not be used during or after working hours to promote or assist the political campaign of any person or political issue.
  2. The members of the department shall not be required or counseled to make, solicit, or prescribe contributions toward and for any political campaign of whatsoever nature.
  3. The members of the department may participate or assist in any political campaign of any candidate or measure so long as the participation or assistance is rendered on the member's own time and department or state government property is not involved.
  4. The members of the department shall not publicly and openly espouse the candidacy of any person or measure in their official capacity as members of the department.
  5. It is declared to be the intention of the General Assembly to encourage members of the department to participate in the election process so long as the participation occurs while they are off-duty and are on their own time.
    1. The violation of these provisions shall be sufficient for the removal of any member of the department force.
    2. However, nothing in this section shall interfere with the rights of any member of the department to vote for any candidate or upon any issues as his or her reason and conscience may dictate.

History. Acts 1945, No. 231, § 6; A.S.A. 1947, § 42-406; Acts 1997, No. 257, § 1.

Case Notes

Constitutionality.

This section is not substantially overbroad or impermissibly vague and is, therefore, constitutional on its face. Wicker v. Goodwin, 813 F. Supp. 676 (E.D. Ark. 1992) (decided under former version of section).

Where the Governor had issued a directive informing state employees of their right to participate in political activities while off duty and not using state equipment, and this directive was posted in state police troop headquarters, discipline of troopers for off duty activities violated their rights guaranteed under the Due Process Clause of the Fourteenth Amendment. Wicker v. Goodwin, 813 F. Supp. 676 (E.D. Ark. 1992) (decided under former version of section).

This section is not so vague that people of common intelligence must necessarily guess at its meaning; indeed, whatever problems may exist with this section, it is impractical to suggest that it fails to give adequate warning of the types of prohibited activities or the consequences for engaging in such. Wicker v. Goodwin, 813 F. Supp. 676 (E.D. Ark. 1992) (decided under former version of section).

This section is not substantially overbroad or impermissibly vague and is, therefore, constitutional on its face; however, under certain circumstances, disciplinary action taken against troopers for violation of this section violated troopers' rights guaranteed under the Due Process Clause of the Fourteenth Amendment. Wicker v. Goodwin, 813 F. Supp. 676 (E.D. Ark. 1992) (decided under former version of section).

In General.

Subsections (d) through (f) of this section indicate that political activity, even during off duty hours, is prohibited. Wicker v. Goodwin, 813 F. Supp. 676 (E.D. Ark. 1992) (decided under former version of section).

The restrictions imposed by this section favor no particular party, group, or points of view, but apply equally to all types of political activities therein described. Wicker v. Goodwin, 813 F. Supp. 676 (E.D. Ark. 1992) (decided under former version of section).

This section is penal in nature, in that it makes no provision for a trooper to be merely suspended or fined, but states that violation of the statute is sufficient for removal. Wicker v. Goodwin, 813 F. Supp. 676 (E.D. Ark. 1992) (decided under former version of section).

This section serves several valid and important interests, among those being to guarantee troopers' job security, free from the vicissitudes of the election process; to avoid the appearance of political partisanship on the part of the Arkansas State Police; and to promote a harmonious working relationship between the State Police, citizens, and political officials throughout the State. Wicker v. Goodwin, 813 F. Supp. 676 (E.D. Ark. 1992) (decided under former version of section).

Until now it has evidently been the judgment of Arkansas' legislature, executive, and citizens that participation in political campaigns and related activities by Arkansas State Troopers should be restricted. Wicker v. Goodwin, 813 F. Supp. 676 (E.D. Ark. 1992) (decided under former version of section).

Balancing Interests.

A state trooper is often the most conspicuous representative of the state government to a large percentage of the population, particularly those residing in rural communities who may view the trooper as a symbol of stability and authority; accordingly, in balancing the interests of the plaintiffs and the interest of the State under this section, the Court found the balance weighed in favor of the State. Wicker v. Goodwin, 813 F. Supp. 676 (E.D. Ark. 1992) (decided under former version of section).

Violations.

Under customary procedure, complaints alleging violations of this section would be reviewed by the State Police Director under two circumstances: one situation occurs when the troop captain determines the complaint cannot be handled at troop level; the other situation occurs when an officer is unhappy with the decision of the troop captain or the staff disciplinary board and appeals the decision directly to the director. Wicker v. Goodwin, 813 F. Supp. 676 (E.D. Ark. 1992) (decided under former version of section).

Cited: Seal v. Pryor, 504 F. Supp. 599 (E.D. Ark. 1980).

12-8-206 — 12-8-209. [Repealed.]

Publisher's Notes. Sections 12-8-206 — 12-8-208, concerning troopers first class, corporals, and state police operators, were repealed by Acts 2001, No. 1697, §§ 13-15. Section 12-8-209, concerning salaries, expenses, and allowances for police officers, was repealed by Acts 2003, No. 1609, § 21. The sections were derived from the following sources:

12-8-206. Acts 1975 (Extended Sess., 1976), No. 1017, § 13; 1985, No. 836, § 6; A.S.A. 1947, § 42-430.1; Acts 1987, No. 1037, § 9; 1989 (1st Ex. Sess.), No. 285, § 9.

12-8-207. Acts 1981, No. 540, § 17; 1985, No. 836, § 6; A.S.A. 1947, § 42-421.1; Acts 1987, No. 1037, § 9; 1989 (1st Ex. Sess.), No. 285, § 9.

12-8-208. Acts 1965, No. 29, § 1; A.S.A. 1947, § 42-433.

12-8-209. Acts 1945, No. 231, § 6; 1981, No. 540, § 7; 1985, No. 519, § 1; A.S.A. 1947, §§ 42-406, 40-406.1; Acts 1991, No. 1099, § 17; 1999, No. 1332, § 1; 1999, No. 1378, § 14; 2001, No. 1697, § 16.

12-8-210. Insurance — Medical and hospital — Definitions.

    1. The Division of Arkansas State Police shall obtain a policy or contract of medical and hospital insurance or establish a self-insurance fund in lieu thereof to provide medical and hospital insurance for all eligible employees of the division.
    2. The division shall pay all or a portion of the premium, fee, or other costs for the policy or contract or payments into a self-insurance fund from funds appropriated to the division for personal service matching or which may be specifically appropriated for that purpose.
  1. The division may provide hospitalization and medical services coverage under a group health insurance program or may in lieu thereof provide coverage for hospitalization and medical insurance services under a self-insurance program established by the division for the spouses and dependents of eligible employees of the division and pay all or a portion of the premium thereon or payments into the self-insurance fund from funds appropriated for that purpose.
  2. In the event that the division, acting pursuant to a resolution adopted by the Arkansas State Police Commission, exercises the option to establish a self-insurance program, this program shall provide hospitalization and medical services coverage for eligible employees of the division and for the spouses and dependents of eligible employees of the division as authorized in this section and shall be operated in accordance with policies, rules, procedures, and benefits prescribed by the commission.
  3. Members of the division who retire and receive retirement benefits under the State Police Retirement System after July 1, 1985, shall be eligible to participate in the group health self-insurance program established by the commission for eligible retirees and for their spouses and dependents in the same manner and under the same conditions as provided in §§ 21-5-410 and 21-5-411, which authorize retired state employees receiving retirement benefits under the Arkansas Public Employees' Retirement System to participate in the State and Public School Life and Health Insurance Program.
  4. As used in this section:
    1. “Eligible employee” means an individual who is:
      1. A full-time employee of the division as defined in the plan document for the Arkansas State Police Employee Health Plan; and
      2. Qualified to enroll in the health benefit plan offered by the division; and
    2. “Eligible retiree” means an employee who:
      1. Retires under the division's formal retirement plan;
      2. Is eligible to continue to participate in the retirement plan upon retirement as defined in the plan document for the Arkansas State Police Employee Health Plan; and
      3. Is qualified to enroll in the health benefit plan offered by the division.

History. Acts 1971, No. 243, § 1; 1975, No. 636, § 1; 1985, No. 951, §§ 1-3; A.S.A. 1947, §§ 42-434 — 42-434.2; Acts 2001, No. 1697, § 17; 2017, No. 1054, § 1.

A.C.R.C. Notes. Acts 2015, No. 870, § 19, provided:

“UNIFORM EMPLOYEE HEALTH INSURANCE PROGRAM REPORTING. The Department of Arkansas State Police shall report monthly to the Governor, the Chief Fiscal Officer of the State and to the Arkansas Legislative Council or Joint Budget Committee regarding the activity and condition for the uniformed employee health insurance plan. The report shall include, but not limited to, the beginning reserve fund balance, contributions made during the month, claims paid, and the ending fund balance of the month. In the event it is determined that the cost to adequately maintain the uniform employee health insurance plan is not feasible within the existing resources available to the department, the 90th General Assembly shall study the feasibility and desirability of discontinuing the self-insurance program and instead provide medical and hospital insurance to uniform employees through the public employees insurance program.

“The provisions of this section shall be in effect only from July 1, 2015 through June 30, 2016.”

Acts 2016, No. 265, § 19, provided: “UNIFORM EMPLOYEE HEALTH INSURANCE PROGRAM REPORTING. The Department of Arkansas State Police shall report monthly to the Governor, the Chief Fiscal Officer of the State and to the Arkansas Legislative Council or Joint Budget Committee regarding the activity and condition for the uniformed employee health insurance plan. The report shall include, but not limited to, the beginning reserve fund balance, contributions made during the month, claims paid, and the ending fund balance of the month. In the event it is determined that the cost to adequately maintain the uniform employee health insurance plan is not feasible within the existing resources available to the department, the 90th General Assembly shall study the feasibility and desirability of discontinuing the self-insurance program and instead provide medical and hospital insurance to uniform employees through the public employees insurance program.

“The provisions of this section shall be in effect only from July 1, 2016 through June 30, 2017.”

Acts 2017, No. 1026, § 17, provided: “UNIFORM EMPLOYEE HEALTH INSURANCE PROGRAM REPORTING. The Department of Arkansas State Police shall report monthly to the Governor, the Chief Fiscal Officer of the State and to the Arkansas Legislative Council or Joint Budget Committee regarding the activity and condition for the uniformed employee health insurance plan. The report shall include, but not limited to, the beginning reserve fund balance, contributions made during the month, claims paid, and the ending fund balance of the month. In the event it is determined that the cost to adequately maintain the uniform employee health insurance plan is not feasible within the existing resources available to the department, the 91st General Assembly shall study the feasibility and desirability of discontinuing the self-insurance program and instead provide medical and hospital insurance to uniform employees through the public employees insurance program.

“The provisions of this section shall be in effect only from July 1, 2017 through June 30, 2018.”

Amendments. The 2017 amendment, in (a)(1), substituted “shall” for “is authorized and directed to” and “eligible” for uniformed”; inserted “all or a portion of” in (a)(2); in (b), substituted “may” for “is authorized to” following “The department”, “eligible employees” for “uniformed personnel”, and “pay all or a portion of” for “to pay”; in (c), deleted “therefor” following “Commission”, substituted “eligible” for “uniformed” following “coverage for”, and substituted “eligible employees” for “uniformed personnel”; in (d), substituted “eligible retirees” for “uniformed personnel”, “21-5-411” for “21-5-412”, and “State and Public School Life and Health Insurance Program” for “state employees' hospitalization and medical insurance program”; and added (e).

12-8-211. [Repealed.]

Publisher's Notes. This section, concerning liability insurance, was repealed by Acts 2003, No. 1041, § 2. The section was derived from Acts 1971, No. 332, § 1; A.S.A. 1947, § 42-435.

12-8-212. Death benefits — Definition.

      1. When any police officer of the Department of Arkansas State Police shall have lost his or her life in the course of employment, then upon satisfactory proof of that fact made to the Arkansas State Police Commission, a death benefit in the sum of twenty-five thousand dollars ($25,000) shall be paid to the spouse of the deceased officer.
      2. In case no spouse survives the officer, the death benefit shall be distributed equally among the officer's children.
    1. The sum of twenty-five thousand dollars ($25,000) shall be paid from the Department of Arkansas State Police Fund.
  1. As used in this section, “in the course of employment” means at any time when an officer is on duty as a police officer or is performing an act ordinarily performed by a police officer although the officer is not actually on duty at the time.
  2. Nothing contained in this section shall be construed to limit or extinguish the right of any officer or the officer's survivors to any other benefits provided by law.

History. Acts 1959, No. 91, §§ 1-3; A.S.A. 1947, §§ 42-427 — 42-429; Acts 2001, No. 1697, § 18.

Cross References. Department of Arkansas State Police Fund, § 19-6-404.

Payment to dependents of police officers killed in the line of duty, § 21-5-701 et seq.

Survivor's benefits for survivors of officers killed in line of duty while not member of retirement system, § 24-6-218.

Research References

U. Ark. Little Rock L.J.

Arkansas Law Survey, Baker, Workers' Compensation, 9 U. Ark. Little Rock L.J. 213.

12-8-213. Equipment and uniforms.

  1. Such motorcycles, automobiles, and other vehicles, equipment, and supplies as may be necessary for the proper and efficient operation of the Division of Arkansas State Police and as may be necessary for the proper enforcement of this chapter shall be furnished to the officers and patrol personnel by the division.
  2. The officers and patrol personnel shall wear and display upon their person a metal badge or other insignia as the Director of the Division of Arkansas State Police shall require, bearing the words “Arkansas State Police”.
  3. All such patrol personnel and officers shall wear such uniforms at such times and places as shall be designated and required by the director.

History. Acts 1945, No. 231, § 9; A.S.A. 1947, § 42-409; Acts 2019, No. 910, § 5787.

Amendments. The 2019 amendment, in (a), substituted “Division of Arkansas State Police” for “Department of Arkansas State Police” and “division” for “department”; substituted “Director of the Division of Arkansas State Police” for “director of the department” in (b); and substituted “director” for “Director of the Department of Arkansas State Police” in (c).

12-8-214. Award of pistol and purchase of shotgun upon retirement or death.

  1. When a Department of Arkansas State Police officer retires from service or dies while still employed with the department, in recognition of and appreciation for the service of the retiring or deceased officer, the Arkansas State Police Commission may award the pistol carried by the officer at the time of his or her death or retirement from service to:
    1. The officer; or
    2. The officer's spouse, if the spouse is eligible under applicable state and federal laws to possess a firearm.
  2. When a department officer retires from service or dies while still employed with the department, in recognition of and appreciation for the service of the retiring or deceased officer, the commission may allow the purchase of the shotgun used by the officer while on duty at the time of his or her death or retirement from service at fair market value as determined by the commission by:
    1. The officer; or
    2. The officer's spouse, if the spouse is eligible under applicable state and federal laws to possess a firearm.

History. Acts 1981, No. 12, § 1; A.S.A. 1947, § 42-465; Acts 2003, No. 547, § 1; 2009, No. 155, § 1.

A.C.R.C. Notes. Acts 2009, No. 155, § 2, provided: “The act applies retroactively to a Department of Arkansas State Police officer who retired from service or died while employed by the department on or after January 1, 2008, but before the effective date of this act.”

Amendments. The 2009 amendment rewrote (b).

12-8-215. Additional salary payments.

  1. In the event that sufficient revenues in the judgment of the Director of the Division of Arkansas State Police exist, the Division of Arkansas State Police is authorized to make additional salary payments from such funds to those employees who have attained law enforcement certification above the basic certificate level, as defined by the Arkansas Commission on Law Enforcement Standards and Training.
  2. It is the intent of this section that such payment shall be optional, at the discretion of the director, dependent on sufficient revenues, and shall not be implemented using funds specifically set aside for other programs within the division.
    1. Employees shall be eligible for all or a portion of additional salary payments scheduled as follows:
      1. General certificate — three hundred dollars ($300) annually;
      2. Intermediate certificate — six hundred dollars ($600) annually;
      3. Advanced certificate — nine hundred dollars ($900) annually; and
      4. Senior certificate — one thousand two hundred dollars ($1,200) annually.
    2. Payment of the funds may be made monthly, quarterly, semiannually, or annually depending upon the availability of revenues and shall be restricted to the following classifications:
      1. Director of the Division of Arkansas State Police;
      2. Arkansas State Police lieutenant colonel;
      3. Arkansas State Police major;
      4. Arkansas State Police captain;
      5. Arkansas State Police lieutenant;
      6. Arkansas State Police sergeant;
      7. Arkansas State Police corporal;
      8. Arkansas State Police trooper, first class; and
      9. Arkansas State Police trooper.
  3. Payments made under this section shall be considered part of the employee's regular income and subject to all applicable withholding required by law.

History. Acts 1993, No. 508, § 15; 1995, No. 229, § 1; 2003, No. 1041, § 3; 2013, No. 143, § 1; 2019, No. 910, §§ 5788, 5789.

Amendments. The 2013 amendment deleted (c)(2)(J) and (c)(2)(K).

The 2019 amendment substituted “Division of Arkansas State Police” for “Department of Arkansas State Police” twice in (a) and in (c)(2)(A); and substituted “division” for “department” in (b).

12-8-216. Salary administration grid.

  1. Should additional general revenue funds become available to the Division of Arkansas State Police, as determined by the Chief Fiscal Officer of the State, the division shall implement a salary administration grid for the following uniformed commissioned officer classifications:
  2. The salary administration grid established under this section shall set the entry pay level for each of the classifications listed in subsection (a) of this section at five percent (5%) above the entry pay level of the assigned grade under the Uniform Classification and Compensation Act, § 21-5-201 et seq.

Class Code Title Grade T001C ASP MAJOR GS14 T003C ASP CAPTAIN GS13 T007C ASP LIEUTENANT GS12 T011C ASP SERGEANT GS11 T022C ASP CORPORAL GS09 T035C ASP TROOPER 1ST CLASS GS08 T100C ASP TROOPER GS07

Click to view table.

History. Acts 2019, No. 1007, § 20.

Subchapter 3 — Division of Arkansas State Police Communications Equipment Leasing Act

Effective Dates. Acts 1985, No. 817, § 11: Apr. 4, 1985. Emergency clause provided: “The Seventy-Fifth General Assembly hereby finds and declares the present communications equipment for the department is not adequate and that there is an urgent need that modern communications equipment be acquired in order that the department may continue to carry out its law enforcement responsibilities in an effective manner. Therefore, an emergency is declared to exist and this act being necessary for the preservation of the public peace, health, and safety shall be effective upon its passage and approval.”

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

12-8-301. Title.

This subchapter shall be known and may be cited as the “Division of Arkansas State Police Communications Equipment Leasing Act”.

History. Acts 1985, No. 817, § 1; A.S.A. 1947, § 42-468; Acts 2019, No. 910, § 5790.

Amendments. The 2019 amendment substituted “Division of Arkansas State Police Communications Equipment Leasing Act” for “Department of Arkansas State Police Communications Equipment Leasing Act”.

12-8-302. Legislative findings and determinations.

  1. The General Assembly finds:
    1. That the existing communications equipment used by the Department of Arkansas State Police:
      1. Has poor radio coverage;
      2. Has the problems of public monitoring and lack of user privacy; and
      3. Is subject to unauthorized usage and interference from other parties; and
    2. That portions of the existing communications equipment are:
      1. Worn out;
      2. Obsolete and expensive to repair and maintain; and
      3. Specially designed mobile and portable units having limited utility.
  2. The General Assembly determines that adequate and modern communications equipment for the enhancement of statewide law enforcement is essential to the safety and welfare of the people of this state.
  3. It is legislatively determined that adequate and modern communications equipment needs to be acquired in order to replace the existing communications equipment and that the most feasible and least expensive way of financing the communications equipment is by authorizing a lease-purchase agreement under the authority of this subchapter.

History. Acts 1985, No. 817, § 2; A.S.A. 1947, § 42-469.

12-8-303. Definitions.

As used in this subchapter:

  1. “Acquire” means to acquire by lease, lease-purchase, or otherwise, construct, repair, alter, install, restore, or place on any land or in any building or motor vehicle any communications equipment by negotiation or bidding upon such terms and conditions as are determined by the Arkansas State Police Commission to be in the best interests of the Division of Arkansas State Police and that will most effectively serve the purposes of this subchapter;
  2. “Commission” means the Arkansas State Police Commission, which is the commission created by § 12-8-102, or any successor agency;
  3. “Communications equipment” means public safety communication equipment and systems, including buildings, structures, furnishings, and fixtures used directly for public safety purposes in connection with the operation thereof, including, but not limited to, radio broadcast and receiving, telegraph, television, teletype, microwave transmission, and similar systems of communication by voice or by conveyance of words, signals, or images by electronic or electrical means;
  4. “Cost”, as applied to communications equipment, means all costs of such equipment and, without limiting the generality of the foregoing, shall include the following:
    1. All costs of the acquisition of any such communications equipment and all costs incident or related thereto;
    2. The cost of architectural, engineering, legal, and related services, including:
      1. The cost of the preparation of plans, specifications, studies, surveys, and estimates of cost and of revenue; and
      2. All other expenses necessary or incident to planning, providing or determining the need for or the feasibility and practicability of such communications equipment; and
    3. All costs paid or incurred in connection with the financing of such communications equipment, including:
      1. Out-of-pocket expenses;
      2. The cost of financing, legal, accounting, financial advisory and consulting fees, expenses, and disbursements;
      3. The cost of any policy of insurance, letter of credit, or guaranty;
      4. The cost of printing, engraving, and reproduction services; and
      5. The cost of the initial or acceptance fee of any trustee or paying agent;
  5. [Repealed.]
  6. [Repealed.]
  7. “Lease or lease-purchase agreement” means the contract entered into by the commission to acquire the communications equipment;
  8. “Lease payments” means payments to be made by the division from pledged revenues or other legally available sources to pay costs of communications equipment; and
  9. “Pledged revenues” means all revenues authorized by § 12-8-307 to be pledged for the security and payment of the lease.

History. Acts 1985, No. 817, § 3; A.S.A. 1947, § 42-470; Acts 2019, No. 910, §§ 5791-5793.

Amendments. The 2019 amendment substituted “Division of Arkansas State Police” for “Department of Arkansas State Police” in (1); repealed former (5) and (6); and substituted “division” for “department” in (8).

12-8-304. Construction — Applicability of other acts.

    1. This subchapter shall be liberally construed to accomplish the intent and purposes of this subchapter and shall be the sole authority required for the accomplishment of these purposes.
    2. It shall not be necessary to comply with the general provisions of other laws dealing with public commodities and public facilities and their acquisition, construction, leasing, encumbering, or disposition if:
      1. The Arkansas State Police Commission shall comply with §§ 25-4-108 and 25-4-110 before acquiring any communications equipment authorized under this subchapter; and
      2. The commission submits any invitation or request for bids, quotes, or proposals and the procedures to be used in evaluating them to the State Procurement Director for review and written approval prior to any obligation being incurred by the commission or the Department of Arkansas State Police as the obligation relates to any acquisition authorized and defined by this subchapter.
  1. The enumeration of any object, purpose, power, manner, method, and thing in this subchapter shall not be deemed to exclude like or similar objects, purposes, powers, manners, methods, or things.
  2. To the extent that there is a conflict between the provisions of this subchapter and §§ 12-8-101 — 12-8-107, 12-8-110 — 12-8-112, 12-8-114 — 12-8-116, 12-8-118, 12-8-119, 12-8-201 — 12-8-205, 12-8-213, and 12-12-103, the provisions of this subchapter shall govern.

History. Acts 1985, No. 817, §§ 7, 10; A.S.A. 1947, §§ 42-474, 42-476; Acts 2005, No. 1962, § 24; 2011, No. 779, § 2.

Amendments. The 2005 amendment substituted “of this subchapter” for “thereof” in (a)(1); inserted “in this subchapter” in (b); in (c), deleted “This subchapter shall be the complete and sole authority for the accomplishment of the purposes hereof” at the beginning, and deleted “12-8-209 [repealed]”; and made minor stylistic changes.

The 2011 amendment substituted “§§ 25-4-108 and 25-4-110” “for §§ 25-4-107 [repealed] and 25-4-108” in (a)(2)(A).

12-8-305. Arkansas State Police Commission — Additional powers.

  1. In addition to the powers, purposes, and authorities set forth elsewhere in this subchapter or in other laws, the Arkansas State Police Commission may:
      1. Acquire, construct, repair, renovate, alter, maintain, and equip communications equipment for use by the Division of Arkansas State Police.
      2. However, the communications equipment acquired under the authority of this subchapter shall not be used for the transmission of telephonic messages which bypass the public telephone network;
    1. Contract for the lease, lease-purchase, or purchase of the communications equipment on such terms and conditions as are specified by this subchapter and approved by the Director of the Division of Arkansas State Police with the consent of the commission;
    2. Provide for the payment of the cost of acquisition from any legally available source or sources, including, without limitation, the revenues authorized by § 12-8-307, funds appropriated and made available under §§ 12-8-101 — 12-8-107, 12-8-110 — 12-8-112, 12-8-114 — 12-8-116, 12-8-118, 12-8-119, 12-8-201 — 12-8-205, 12-8-213, and 12-12-103, and funds, if any, appropriated for the communications equipment;
    3. Purchase, acquire, lease, lease-purchase, or rent, and receive bequests or donations of, or otherwise acquire, sell, trade, or barter any real, personal, or mixed property and convert such property into money or other property;
    4. Contract and be contracted with;
    5. Apply for, receive, accept, and use any moneys and property from the United States Government, any agency, any state or governmental body or political subdivision, any public or private corporation or organization of any nature, or any individual;
    6. Invest and reinvest any of its moneys in securities, obligations, banking arrangements, or investment agreements selected by the commission;
    7. Make and execute all other instruments necessary or convenient for the performance of its duties and the exercise of its powers and functions under this subchapter;
    8. In connection with the acquisition and financing of the costs of communication equipment, employ attorneys, accountants, underwriters, and financial advisors and such other advisors, consultants, and agents as may be necessary in its judgment, and fix their compensation;
    9. Procure insurance against any loss in connection with its property and other assets, in such amounts and from such insurers as it may deem advisable, including the power to pay premiums on any such insurance;
    10. Procure insurance or guaranties from any public or private entities, including any department, agency, or instrumentality of the United States and to secure payment of any lease entered into under the authority of this subchapter, including the power to pay premiums on any such insurance or guaranty;
    11. Arrange for the use of such communications equipment by any federal, state, or local governmental agency or any other person, from time to time, as any of such communications equipment is not needed by the division and collect fees and charges, as the commission determines to be reasonable, in connection with the use of any communications equipment by any other person;
    12. Cooperate with and exchange services and information with any federal, state, or local governmental agency; and
    13. Take such other action, not inconsistent with law, as may be necessary, convenient, or desirable to carry out the powers, purposes, and authorities set forth in this subchapter and carry out the intent of this subchapter.
  2. All the powers, purposes, and authorities set forth in subsection (a) of this section, except those relating to the contracting for the lease, purchase, or lease-purchase of the communications equipment, may be carried out by the division.

History. Acts 1985, No. 817, § 4; A.S.A. 1947, § 42-471; Acts 2005, No. 1962, § 25; 2019, No. 910, §§ 5794-5797.

Amendments. The 2005 amendment deleted “12-8-209 [repealed]” in (a)(3).

The 2019 amendment substituted “Division of Arkansas State Police” for “Department of Arkansas State Police” in (a)(1)(A) and (a)(2); and substituted “division” for “department” in (a)(12) and (b).

12-8-306. Submission of contracts and proposals.

The Arkansas State Police Commission shall submit any contract, agreement, or proposal, as authorized by this subchapter, to the Legislative Council prior to any obligation being incurred by the commission for the Legislative Council's advice and counsel.

History. Acts 1985, No. 817, § 6; A.S.A. 1947, § 42-473; Acts 2005, No. 1962, § 26.

Amendments. The 2005 amendment deleted “Arkansas Communications Study Committee and to the” preceding the first occurrence of “Legislative Council,” and substituted “the Legislative Council's” for “their.”

12-8-307. Lease fund — Pledged revenues.

    1. The lease payments and other costs relating to the communications equipment shall be secured solely by a lien on and pledge of all revenues derived from the following fees and charges fixed and imposed by § 27-16-801, or pursuant to any subsequent similar laws, which are confirmed, ratified, fixed, and imposed, and which are as follows:
      1. An operator's or a motorcycle driver's license for two (2) years — six dollars ($6.00);
      2. A chauffeur's license for two (2) years — ten dollars ($10.00);
      3. A motor scooter license for not more than two (2) years — two dollars ($2.00);
      4. An operator's license or a motorcycle driver's license for four (4) years — twelve dollars ($12.00); and
      5. A chauffeur's license for four (4) years — twenty dollars ($20.00).
    2. The pledging of such revenues, collectively the “pledged revenues”, is authorized.
  1. On the first day of the month next succeeding the execution of any leasing agreement authorized by this subchapter, all pledged revenues are specifically declared to be cash funds restricted in their use and dedicated to be used solely as authorized in this subchapter.
    1. On the first day of the month next succeeding the execution of the lease authorized by this subchapter and so long as lease payments remain to be paid, the pledged revenues shall not be deposited into the State Treasury and shall not be subject to legislative appropriation.
    2. The pledged revenues shall be deposited into a bank or banks selected by the Division of Arkansas State Police, as and when received by the Commissioner of Motor Vehicles, the Office of Motor Vehicle, the Division of Arkansas State Police, the Arkansas State Police Commission, the Secretary of the Department of Finance and Administration, or any other state agency.
    3. The pledged revenues shall be deposited to the credit of a fund created and designated as the “Division of Arkansas State Police Communications Equipment Lease Fund”, referred to in this subchapter as the lease fund.
  2. So long as there are remaining any lease payments to be made, the General Assembly may eliminate or change the driver's license fees referred to as pledged revenues within this section, under § 27-16-801, or any subsequent similar law, but only on condition that there is always maintained in effect and made available for the payment of lease payments sources of revenue which produce revenues at least sufficient in amount to provide for the payment when due of the lease payments.

History. Acts 1985, No. 817, § 5; A.S.A. 1947, § 42-472; Acts 2019, No. 910, § 3374.

Amendments. The 2019 amendment, in (c)(2), substituted “Division of Arkansas State Police” for “Department of Arkansas State Police” twice, and substituted “Secretary” for “Director”; and substituted “Division of Arkansas State Police Communications Equipment Lease Fund” for “Department of Arkansas State Police Communications Equipment Lease Fund” in (c)(3).

12-8-308. Lease fund — Payment of costs — Tax exemption.

    1. Payments to cover the costs under the lease agreement shall be paid from the Department of Arkansas State Police Communications Equipment Lease Fund on a monthly basis.
    2. If and so long as all payments to cover the costs under the lease agreement are properly made on the last day of each fiscal quarter, the pledged revenues remaining in the Department of Arkansas State Police Communications Equipment Lease Fund in excess of a reserve of thirty percent (30%) of a fiscal quarter's requirements shall be withdrawn from the lease fund and deposited into the State Treasury as special revenues to the credit of the Department of Arkansas State Police Fund.
  1. So long as any lease payments remain to be paid, all moneys in the Department of Arkansas State Police Communications Equipment Lease Fund shall be used solely for the payment of the lease payments, and other costs in connection with the lease, with the maintenance of necessary funds and reserves, except that the lease may provide for the withdrawal, for other lawful purposes, of surplus moneys, as defined in the lease.
  2. The interest portion of any costs of acquiring communications equipment authorized by this subchapter shall be exempt from state, county, and municipal income, inheritance, and estate taxes.

History. Acts 1985, No. 817, §§ 5, 8; A.S.A. 1947, §§ 42-472, 42-475.

Cross References. Department of Arkansas State Police Fund, § 19-6-404.

12-8-309. Lease fund — Investments.

Nothing in §§ 12-8-30712-8-310 is intended to prohibit the Department of Arkansas State Police from investing moneys deposited into the Department of Arkansas State Police Communications Equipment Lease Fund, as provided in this subchapter.

History. Acts 1985, No. 817, § 5; A.S.A. 1947, § 42-472.

12-8-310. Lease fund — Expiration of provisions.

  1. The provisions of §§ 12-8-307 — 12-8-309 shall expire upon payment of the final costs authorized under the lease agreements mentioned in this subchapter.
  2. Any balances remaining in the Department of Arkansas State Police Communications Equipment Lease Fund shall be deposited into the State Treasury to the credit of the Department of Arkansas State Police Fund as a nonrevenue receipt.

History. Acts 1985, No. 817, § 5; A.S.A. 1947, § 42-472.

A.C.R.C. Notes. Acts 2015, No. 870, § 21, provided:

“ARKANSAS WIRELESS INFORMATION NETWORK. Once the requirements of Arkansas Code § 12-8-310 are satisfied, the second two million dollars ($2,000,000) deposited into the Department of Arkansas State Police Fund generated by Arkansas Code § 27-16-801(a) shall be used for the operations, maintenance, equipment and various system requirements and expenses of the Department of Arkansas State Police — Arkansas Wireless Information Network.

“The provisions of this section shall be in effect only from July 1, 2015 through June 30, 2016.”

Acts 2016, No. 265, § 21, provided: “ARKANSAS WIRELESS INFORMATION NETWORK. Once the requirements of Arkansas Code § 12-8-310 are satisfied, the second two million dollars ($2,000,000) deposited into the Department of Arkansas State Police Fund generated by Arkansas Code § 27-16-801(a) shall be used for the operations, maintenance, equipment and various system requirements and expenses of the Department of Arkansas State Police — Arkansas Wireless Information Network.

“The provisions of this section shall be in effect only from July 1, 2016 through June 30, 2017.”

Subchapter 4 — Arkansas Speed Trap Law

Effective Dates. Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

12-8-401. Title.

This subchapter may be known as and cited as the “Arkansas Speed Trap Law”.

History. Acts 1995, No. 855, § 1.

12-8-402. Definitions.

As used in this subchapter:

  1. “Abusing police power” means exercising police power to enforce criminal and traffic laws for the principal purpose of raising revenue for an affected municipality and not for the purpose of public safety and welfare;
  2. “Affected highway” means any highway which is part of the state highway system;
  3. “Affected municipality” means a city of the first class, a city of the second class, or an incorporated town through which passes an affected highway;
  4. “Enterprise fund” means a proprietary fund type used to report an activity for which a fee is charged to external users for goods or services;
  5. “Fiduciary fund” means a fund type used to report assets held in a trustee or agency capacity and which cannot be used to support an affected municipality's own programs; and
    1. “Revenue” means moneys resulting from fines and costs from traffic offense citations written by or arrests made by an affected municipality's law enforcement agency or moneys resulting from ancillary actions related to the enforcement of a traffic offense, including failure to appear and failure to pay, if the traffic offense is a:
      1. Misdemeanor;
      2. Violation of state law; or
      3. Violation of a local ordinance.
    2. “Revenue” does not include moneys received by an affected municipality and remitted to another governmental entity.

History. Acts 1995, No. 855, § 2; 1997, No. 211, § 1; 2019, No. 364, § 1.

Amendments. The 2019 amendment, in (1), substituted “means exercising” for “means the exercise of”, and substituted “an affected municipality” for “the municipality”; in (3), inserted “first class, a city of the”, and inserted “an”; added (4) through (6); and made stylistic changes.

12-8-403. Inquiry to determine abuse.

    1. Upon the request of the prosecuting attorney of a judicial district in which an affected municipality is located, the Director of the Division of Arkansas State Police may investigate and determine whether the affected municipality is abusing police power by conducting an unlawful speed trap.
      1. The investigation shall require the affected municipality to submit a certified record of all fines, costs, citations, and municipal expenditures, as well as the percentage of speeding citations that are written for persons speeding ten miles per hour (10 m.p.h.) or less than the posted speed limit.
      2. The records required under subdivision (a)(2)(A) of this section may encompass a reasonable time period as requested by the Division of Arkansas State Police but shall contain at least ninety (90) days' worth of documentation.
        1. The affected municipality shall submit the requested records within thirty (30) days, unless an extension for submission is approved by the director, and shall cooperate with all other aspects of the investigation.
        2. Failure to comply with a requirement of this section shall result in automatic sanctions.
  1. It is presumed that the affected municipality is abusing police power by conducting an unlawful speed trap upon a finding by the director that:
    1. The amount of revenue for the affected municipality exceeded thirty percent (30%) of the affected municipality's total expenditures, less capital expenditures, water department expenditures, sewer department expenditures, fiduciary fund expenditures, enterprise fund expenditures, and debt service, in the preceding year; or
    2. More than fifty percent (50%) of the summons written for the traffic offense of speeding that is a misdemeanor, a violation of state law, or a violation of a local ordinance in the affected municipality are written for speed limit violations that are ten miles per hour (10 m.p.h.) or less than the posted speed limit.

History. Acts 1995, No. 855, § 3; 1997, No. 842, § 1; 2001, No. 1425, § 1; 2019, No. 364, § 2; 2019, No. 910, §§ 5798, 5799.

Amendments. The 2019 amendment by No. 364, in (a)(1), substituted “may investigate and determine whether the affected municipality” for “is authorized to investigate and determine whether any municipality”, and added “by conducting an unlawful speed trap”; in (a)(2)(A), substituted “speeding citations” for “citations”, inserted “persons speeding”, and added “limit”; rewrote (a)(2)(B); inserted “by the director” in (a)(2)(C)(i); in the introductory language of (b), inserted “by conducting an unlawful speed trap”, and inserted “by the director”; in (b)(1), substituted “for the affected municipality exceeded” for “produced by fines and costs from traffic offenses that are misdemeanors or violations of state law or local ordinance for which citations are written by the police department of the affected municipality occurring on the affected highways exceeds” and inserted “water department expenditures, sewer department expenditures, fiduciary fund expenditures, enterprise fund expenditures”; inserted “speed” following “posted” in (b)(2); and made stylistic changes.

The 2019 amendment by No. 910 substituted “Division of Arkansas State Police” for “Department of Arkansas State Police” in (a)(1) and (a)(2)(B).

12-8-404. Sanctions.

    1. Upon the completion of an inquiry, the Director of the Division of Arkansas State Police shall forward all information to the prosecuting attorney of the affected municipality, who will make the determination as to whether the municipality has abused its police power.
    2. The prosecuting attorney shall have the power to issue the following sanctions:
      1. Order that a municipality abusing police power cease patrolling any or all affected highways; or
      2. Order that all or any part of future fines and court costs received from traffic law violations or misdemeanor cases where the location of the offense is an affected highway be paid over to a county fund for the maintenance and operation of the public schools located in the county in which the municipality is located.
  1. Any violation of the sanction ordered under subdivision (a)(2)(A) of this section by any police officer shall constitute a Class A misdemeanor for each citation or summons issued or misdemeanor arrest made in violation of the prosecuting attorney's order.

History. Acts 1995, No. 855, §§ 4, 5; 1997, No. 842, § 2; 2001, No. 1425, § 2; 2005, No. 1962, § 27; 2019, No. 910, § 5800.

Amendments. The 2005 amendment substituted “prosecuting attorney's” for “director's” in (b).

The 2019 amendment substituted “Division of Arkansas State Police” for “Department of Arkansas State Police” in (a)(1).

Cross References. Fines, § 5-4-201.

Imprisonment, § 5-4-401.

12-8-405. Required audit inquiry.

An audit of an affected municipality under § 10-4-412 or § 14-58-101 shall include an inquiry to determine whether the affected municipality is potentially abusing police power.

History. Acts 2019, No. 364, § 3.

Subchapter 5 — Crimes Against Children Division

Cross References. Child Abuse Hotline, § 12-18-301 et seq.

Child Maltreatment Act, § 12-18-101 et seq.

Preambles. Acts 2005, No. 1176 contained a preamble which read:

“WHEREAS, the Arkansas Child Maltreatment Act, Arkansas Code § 12-12-501 et seq., is the law that allows doctors and hospital staff to report child abuse and neglect to the Arkansas State Police Child Abuse Hotline; and

“WHEREAS, the Arkansas State Police Child Abuse Hotline is a twenty-four-hour toll-free service that triggers the initiation of an investigation of child maltreatment; and

“WHEREAS, currently, the Arkansas State Police Child Abuse Hotline will not accept reports related to newborn children being born with an illegal substance present in their system as a result of the pregnant mother's use before birth of an illegal substance or with a health problem as a result of the pregnant mother's use before birth of an illegal substance; and

“WHEREAS, in order for the newborn child to be protected by the Arkansas Child Maltreatment Act and receive services, the Arkansas State Police Child Abuse Hotline must accept reports of this nature; and

“WHEREAS, this act is necessary to clarify the law so that the Arkansas State Police Child Abuse Hotline can accept reports of this nature and so that the newborn children can be provided services to protect their health and safety.

“NOW THEREFORE, …”

Effective Dates. Acts 1997, No. 1240, § 12: Apr. 9, 1997. Emergency clause provided: “It is found and determined by the General Assembly that the powers and duties of the Department of Human Services in regard to the child abuse hotline and child abuse investigations will be shifted to the Arkansas State Police, either through transfer or by contract; that such transfer or contract could occur prior to or at the beginning of the next fiscal year; and that such transfer or contract cannot occur prior to or at the beginning of the next fiscal year unless this emergency clause is adopted. Therefore an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective on the date of its approval by the Governor. If the bill is neither approved nor vetoed by the Governor, it shall become effective on the expiration of the period of time during which the Governor may veto the bill. If the bill is vetoed by the Governor and the veto is overridden, it shall become effective on the date the last house overrides the veto.”

Acts 2005, No. 1176, § 6: Mar. 24, 2005. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that, currently, the Arkansas State Police Child Abuse Hotline will not accept reports related to newborn children being born with an illegal substance present in their blood or urine as a result of the pregnant mother's use before birth of an illegal substance or with a health problem as a result of the pregnant mother's use before birth of an illegal substance; that in order for the newborn child to be protected by the Arkansas Child Maltreatment Act and receive services, the Arkansas State Police Child Abuse Hotline must accept reports of this nature; and that this act is immediately necessary to clarify the law so that the Arkansas State Police Child Abuse Hotline can accept reports of this nature and so that the newborn children can be provided services to protect their health and safety. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

12-8-501. Legislative intent.

  1. The General Assembly recognizes that:
    1. The state has a responsibility to provide competent and thorough child abuse investigations which are sensitive to the needs of children and families;
    2. It is difficult for caseworkers with the Department of Human Services, which is currently charged with the responsibilities of investigating child abuse and providing services to children and families, to separate their dual roles as investigators and service providers;
    3. Many studies show that child abuse investigations are compromised when these very different functions are not separated; and
    4. Child abuse is a crime and suspected child abuse should be investigated with due diligence by trained law enforcement officers.
  2. Therefore, it is declared to be the intent of this General Assembly to authorize the Department of Arkansas State Police to:
    1. Create a Crimes Against Children Division, either through transfer or by contract;
    2. Conduct investigations into severe child abuse as defined by interagency agreement; and
    3. Administer the Child Abuse Hotline.

History. Acts 1997, No. 1240, § 1; 2001, No. 441, § 2.

12-8-502. Transfer of powers and duties — Sections of unit — Sharing of information.

  1. When the powers and duties of the Department of Human Services in regard to the Child Abuse Hotline and child abuse investigations are transferred to the Department of Arkansas State Police or when the Department of Human Services and the Department of Arkansas State Police contract for the administration of the Child Abuse Hotline or for the Department of Arkansas State Police to conduct child abuse investigations, or both, the Department of Arkansas State Police shall establish a Crimes Against Children Division.
  2. The division shall consist of two (2) sections:
      1. The Investigation Section, which shall be staffed with civilian personnel and shall be responsible for the investigation of allegations of child abuse in accordance with the Child Maltreatment Act, § 12-18-101 et seq.
      2. Unless the case involves alleged severe maltreatment, if at any point during the investigation of alleged child maltreatment the information gathered becomes sufficient for a possible criminal prosecution, then the case shall be referred for further investigation to the appropriate law enforcement agency.
      3. The Investigation Section shall complete an investigation of all cases assigned to the Investigation Section and refer the case to a local law enforcement agency or a prosecuting attorney for possible criminal prosecution; and
    1. The Child Abuse Hotline Section, which shall administer twenty-four-hour toll-free inward wide-area telephone services (INWATS) to report to the Department of Arkansas State Police information regarding possible incidents of child abuse.
    1. The division shall develop and maintain statewide statistics regarding the incidence of child abuse.
    2. Each county and city law enforcement agency conducting child abuse investigations through referral from the Child Abuse Hotline shall report the status and disposition of these investigations to the division on a monthly basis.
    1. If the powers and duties of the Department of Human Services in regard to the Child Abuse Hotline and child abuse investigations are transferred to the Department of Arkansas State Police, the division and the Department of Human Services shall enter into a memorandum of understanding that shall include provisions that address the sharing of information reported to the Child Abuse Hotline with the Department of Human Services when such information is necessary for the division to provide appropriate service delivery to children and families.
    2. If the Department of Human Services and the Department of Arkansas State Police contract for the administration of the Child Abuse Hotline or for the Department of Arkansas State Police to conduct child abuse investigations, or both, the contract shall include provisions that address the sharing of information reported to the Child Abuse Hotline with the Department of Human Services when such information is necessary for the division to provide appropriate service delivery to children and families.

History. Acts 1997, No. 1240, § 2; 2001, No. 441, § 3; 2005, No. 1466, § 1; 2007, No. 703, § 7; 2009, No. 758, § 19.

A.C.R.C. Notes. Acts 2009, No. 758, § 29, provided:

“Contingent Effectiveness. This act shall not become effective unless an act of the Eighty-Seventh General Assembly repealing the Arkansas Child Maltreatment Act, § 12-12-501 et seq., and enacting a new Child Maltreatment Act, § 12-18-101 et seq., becomes effective.”

The contingency in Acts 2009, No. 758, § 29, was met by Acts 2009, No. 749.

Amendments. The 2005 amendment rewrote (b).

The 2007 amendment, in (b)(1)(B), added “Unless the case involves alleged severe maltreatment” and inserted “alleged child maltreatment”; added (b)(1)(C); and made related changes.

The 2009 amendment substituted “Child Maltreatment Act, § 12-18-101 et seq.” for “Arkansas Child Maltreatment Act, § 12-12-501 et seq.” in (b)(1)(A).

12-8-503. Transfer of powers and duties — Executive orders — Contracts.

    1. The Governor shall issue an executive order transferring the powers and duties of the Department of Human Services in regard to the Child Abuse Hotline to the Department of Arkansas State Police by a type 2 transfer as defined in § 25-2-105 or the Department of Human Services and the Department of Arkansas State Police shall enter into a contract for the administration of the Child Abuse Hotline in accordance with this subchapter.
    2. Personnel transferred with the Child Abuse Hotline shall be required to meet employment standards and policies established by the Department of Arkansas State Police in order to retain their employment.
    1. The Governor shall issue an executive order transferring the powers and duties of the Department of Human Services in regard to child abuse investigations to the Department of Arkansas State Police by a type 2 transfer as defined in § 25-2-105 or the Department of Human Services and the Department of Arkansas State Police shall enter into a contract for the Department of Arkansas State Police to conduct child abuse investigations in accordance with this subchapter.
    2. Personnel transferred in regard to child abuse investigations shall be required to meet employment standards and policies established by the Department of Arkansas State Police in order to retain their employment.

History. Acts 1997, No. 1240, § 3.

12-8-504. Transition plan — Continuous service.

  1. If a transfer of child abuse investigations occurs, any and all statutory authority, powers, duties, functions, records, authorized positions, property, unexpended balances of appropriations, allocations, or other funds of the Division of Children and Family Services of the Department of Human Services for the purposes of child abuse investigations to be transferred to the Department of Arkansas State Police shall be transferred only after the development of a transition plan that will ensure the efficient and effective transfer of the powers and duties of the Department of Human Services to the Department of Arkansas State Police so that there is continuous service delivery to and protection of the children of the State of Arkansas.
  2. If the Department of Human Services and the Department of Arkansas State Police enter into a contract for the Department of Arkansas State Police to conduct child abuse investigations, the contract shall include a transition plan that ensures continuous service delivery to and protection of the children of the State of Arkansas.
  3. The Department of Human Services and the Department of Arkansas State Police shall submit for review any transition plan developed under this section to the House Subcommittee on Children and Youth of the House Committee on Aging, Children and Youth, Legislative and Military Affairs and the Senate Interim Committee on Children and Youth.

History. Acts 1997, No. 1240, § 4; 2005, No. 1466, § 2.

Amendments. The 2005 amendment substituted “prosecuting attorney's” for “director's” in (b).

12-8-505. Child abuse hotline and investigations.

The Child Abuse Hotline and child abuse investigations referred to in this subchapter shall be operated and conducted in accordance with the Child Maltreatment Act, § 12-18-101 et seq.

History. Acts 1997, No. 1240, § 5; 2009, No. 758, § 20.

A.C.R.C. Notes. Acts 2009, No. 758, § 29, provided:

“Contingent Effectiveness. This act shall not become effective unless an act of the Eighty-Seventh General Assembly repealing the Arkansas Child Maltreatment Act, § 12-12-501 et seq., and enacting a new Child Maltreatment Act, § 12-18-101 et seq., becomes effective.”

The contingency in Acts 2009, No. 758, § 29, was met by Acts 2009, No. 749.

Amendments. The 2009 amendment substituted “the Child Maltreatment Act, § 12-18-101 et seq.” for “§ 12-12-501 et seq.”

12-8-506. [Repealed.]

Publisher's Notes. This section, concerning oversight, was repealed by Acts 2017, No. 713, § 3. The section was derived from Acts 1997, No. 1240, § 6; 2005, No. 1466, § 3.

12-8-507. Abuse of patients receiving Medicaid.

Nothing contained in this subchapter shall limit or impair in any way the authority of the Medicaid Fraud Control Unit within the Attorney General's office from investigating or referring for prosecution complaints of abuse and neglect of patients of healthcare facilities which receive Medicaid funds.

History. Acts 1997, No. 1240, § 8.

12-8-508. Provision of information and assistance.

Notwithstanding a rule to the contrary, upon request of a member of the General Assembly or legislative staff or upon request of a legislative committee, the Crimes Against Children Division of the Division of Arkansas State Police shall immediately provide information requested with respect to child welfare as contemplated under the Arkansas Child Welfare Public Accountability Act, § 9-32-201 et seq.

History. Acts 2001, No. 1727, § 6; 2005, No. 1466, § 4; 2019, No. 315, § 850.

Amendments. The 2005 amendment substituted “Crimes Against Children Division” for “Family Protection Unit.”

The 2019 amendment deleted “or regulation” following “rule”.

12-8-509. Additional reporting required.

  1. The state agency or entity responsible for administering the twenty-four-hour toll-free Child Abuse Hotline or investigating an incident of neglect as defined under § 12-18-103(14)(B) shall:
    1. Develop and maintain statewide statistics of the incidents of neglect reported or investigated under § 12-18-103(14)(B);
      1. Annually report no later than October 1 to the following:
        1. The Senate Interim Committee on Children and Youth;
        2. The House Committee on Aging, Children and Youth, Legislative and Military Affairs;
        3. The Senate Committee on Public Health, Welfare, and Labor; and
        4. The House Committee on Public Health, Welfare, and Labor.
      2. The annual report under this section shall include all findings and statistics regarding incidents of neglect reported or investigated under § 12-18-103(14)(B), including, but not limited to, the following information:
        1. The age of the mother;
        2. The type of illegal substance to which the newborn child was exposed prenatally;
        3. The estimated gestational age of the newborn child at the time of birth; and
        4. The newborn child's health problems; and
      1. Notify each mandatory reporter who makes a call to the Child Abuse Hotline if the mandatory reporter's call is not accepted or is screened out on a subsequent Child Abuse Hotline supervisor review.
      2. The notification required under subdivision (a)(3)(A) of this section shall be made within forty-eight (48) hours, excluding weekends and holidays, after a mandatory reporter makes a call to the Child Abuse Hotline that is not accepted or is screened out on a subsequent Child Abuse Hotline supervisor review.
  2. If more than one (1) state agency or entity is responsible for administering the twenty-four-hour toll-free Child Abuse Hotline or investigating an incident of neglect as defined under § 12-18-103(14)(B), then the reporting under this section shall be a collaborative effort by all state agencies or entities involved.

History. Acts 2005, No. 1176, § 4; 2007, No. 703, § 8; 2009, No. 758, § 21.

A.C.R.C. Notes. Acts 2009, No. 758, § 29, provided:

“Contingent Effectiveness. This act shall not become effective unless an act of the Eighty-Seventh General Assembly repealing the Arkansas Child Maltreatment Act, § 12-12-501 et seq., and enacting a new Child Maltreatment Act, § 12-18-101 et seq., becomes effective.”

The contingency in Acts 2009, No. 758, § 29, was met by Acts 2009, No. 749.

Publisher's Notes. Acts 2005, No. 1176, § 1, provided:

“This act shall be known and may be cited as ‘Garrett's Law: To Provide Services to a Newborn Child Born with an Illegal Substance Present in the Child's System.’”

Amendments. The 2007 amendment added (a)(3) and made related changes.

The 2009 amendment substituted “§ 12-18-103(13)(B)” for “§ 12-12-503(12)(B)” in the introductory language of (a), (a)(1), (a)(2)(B), and (b).

Cross References. Garrett's Law reports, § 12-18-305.

Subchapter 6 — Division of Arkansas State Police Headquarters Facilities and Equipment Financing Act

A.C.R.C. Notes. Acts 2015, No. 856, § 1, provided:

“Legislative intent — Repeal of Acts 1997, No. 1057.

“(a)(1) It is the intent of the General Assembly to update the Department of Arkansas State Police Headquarters Facility and Wireless Data Equipment Financing Act as established by uncodified Acts 1997, No. 1057, by repealing Acts 1997, No. 1057, and enacting this act.

“(2) It is not the intent of the General Assembly to:

“(A) Affect any bonds issued under Acts 1997, No. 1057; or

“(B) Allow the existence of bonds issued under Acts 1997, No. 1057, to impair the effectiveness of this act or the authority given under this act.

“(b) Acts 1997, No. 1057, is repealed.”

Effective Dates. Acts 2015, No. 856, § 10: Mar. 31, 2015. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that certain driver license fees are needed to provide vital services to the Department of Arkansas State Police; that this act will allow the use of those fees; and that this act is immediately necessary to provide a source of revenues to the department. Therefore, an emergency is declared to exist, and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

12-8-601. Title.

This subchapter shall be known and may be cited as the “Division of Arkansas State Police Headquarters Facilities and Equipment Financing Act”.

History. Acts 2015, No. 856, § 2; 2019, No. 910, § 5801.

Amendments. The 2019 amendment substituted “Division of Arkansas State Police Headquarters Facilities and Equipment Financing Act” for “Department of Arkansas State Police Headquarters Facilities and Equipment Financing Act”.

12-8-602. Legislative findings.

The General Assembly finds that:

  1. The Division of Arkansas State Police is faced daily with:
    1. Maintaining the most efficient and secure methods of transmitting and processing information between officers in the field and headquarters;
    2. The need to maintain and develop the most efficient means of allocating division personnel and other resources, particularly in emergency circumstances; and
    3. The need to design, construct, and maintain facilities from which the division's personnel and resources may be stationed and deployed;
  2. There is a need to continuously improve, upgrade, expand, and maintain the division's headquarters facilities and communication and information technology systems and equipment to support the police force and its mission to protect and serve the citizens of the state;
  3. A designated method of financing is necessary to enable the division to obtain and maintain communication and information technology equipment and headquarters facilities;
  4. The use of tax-exempt revenue bonds to finance communication and information technology equipment and headquarters facilities has proven to be an economical and cost-efficient method for financing equipment and facilities for the division;
  5. Certain driver's license fees have been pledged and utilized by the Department of Arkansas State Police or the Division of Arkansas State Police since 1997 to finance equipment and facilities for the department or division;
  6. These driver's license fees should continue to be designated as a source of funding to be utilized and pledged by the division to finance or purchase communication and information technology equipment and headquarters facilities;
  7. Communication and information technology equipment and headquarters facilities are needed to maintain modern law enforcement and are, therefore, essential to the safety and welfare of the people of the state; and
  8. The most feasible and least expensive way of providing a designated source for financing the acquisition and construction of headquarters facilities and communication and information technology equipment is to authorize the use of revenue bonds and designate certain driver license fees to be utilized and pledged for that purpose.

History. Acts 2015, No. 856, § 2; 2019, No. 910, § 5802.

Amendments. The 2019 amendment substituted “division” for “department” and made similar changes throughout the section; substituted “Division of Arkansas State Police” for “Department of Arkansas State Police” in the introductory language of (1); and, in (5), substituted “Department of Arkansas State Police or Division of Arkansas State Police” for “department” and added “or division” at the end.

12-8-603. Definitions.

As used in this subchapter:

  1. “Acquire” means to acquire by purchase or otherwise, construct, repair, alter, install, restore, or place on land or in a building or motor vehicle by negotiation or bidding on terms and conditions that:
    1. Are determined by the Arkansas State Police Commission to be in the best interests of the Division of Arkansas State Police; and
    2. Will most effectively serve the purposes of this subchapter;
  2. “Communication and information technology equipment” means:
    1. Wireless data and related technologies equipment, including without limitation workstations, modems, and other vehicle-based equipment, network controllers, computer-aided dispatch equipment, central information services sites with related server computers and controllers, software and information support;
    2. Furnishings and fixtures used in connection with the operation of equipment described in subdivision (2)(A) of this section; and
    3. Other equipment, property, and items determined by the commission to be necessary to accomplish the purpose of this subchapter;
  3. “Cost” means the costs related to a headquarters facility or communication and information technology equipment, including without limitation the following:
    1. The costs of the acquisition of communication and information technology equipment and the related costs, including without limitation engineering, architectural, consulting, and related services;
    2. The cost of acquiring an interest in real estate for the location of a headquarters facility that provides necessary or recommended access or buffer zones or that facilitates the delivery of utility services and the related costs, including without limitation engineering, architectural, consulting, and related services;
    3. The cost of the preparation of plans, specifications, studies, surveys, and estimates of cost and revenues;
    4. Other expenses necessary or incident to planning, providing, or determining the need for or the feasibility of the headquarters facility or communication and information technology equipment;
    5. The costs of related software for the operation and support of the communication and information technology equipment;
    6. The costs of database development and other information sources and the training required for the efficient use of communication and information technology equipment; and
    7. The costs paid or incurred in connection with the issuance of bonds by the Arkansas Development Finance Authority to finance the acquisition, development, upgrade, improvement, or expansion of a headquarters facility or communication and information technology equipment;
  4. “Debt service payment” means a payment to be made by the division from pledged revenues or other legally available sources to secure and provide for payments due on any bonds or other obligations issued by the authority to accomplish the purposes of this subchapter;
  5. “Financing documents” means a note and mortgage, loan agreement, lease purchase agreement, trust indenture, and related documents executed in connection with the issuance of bonds by the authority to finance headquarters facilities or communication and information technology equipment;
  6. “Headquarters facility” means part or all of one (1) or more items or properties used by the division to accomplish or facilitate its purposes, including without limitation:
    1. Land, buildings, fixtures, infrastructure, improvements, furniture, equipment, software, and personal property necessary or convenient to the land, buildings, fixtures, infrastructure, improvements, furniture, equipment, and software; and
    2. Engineering, design, construction, or architectural plans related to a property used by the division;
  7. “Pledged revenues” means the fees generated under § 27-16-801(a) and § 27-23-118(a)(3) that may be pledged for the security and payment of debt service payments under this subchapter; and
  8. “Purchase agreement” means an agreement entered into by the commission with a vendor to acquire a headquarters facility or communication and information technology equipment.

History. Acts 2015, No. 856, § 2; 2019, No. 910, §§ 5803, 5804.

Amendments. The 2019 amendment substituted “Division of Arkansas State Police” for “Department of Arkansas State Police” in (1)(A); and substituted “division” for “department” in the introductory language of (6) and in (6)(B).

12-8-604. Pledge of revenues.

The fees generated under § 27-16-801(a) and § 27-23-118(a)(3) shall be:

  1. Pledged to meet obligations authorized under this subchapter; and
  2. Used by the Division of Arkansas State Police as provided in this subchapter.

History. Acts 2015, No. 856, § 2; 2019, No. 910, § 5805.

Amendments. The 2019 amendment substituted “Division of Arkansas State Police” for “Department of Arkansas State Police” in (2).

12-8-605. Arkansas State Police Commission — Powers.

The Arkansas State Police Commission may:

  1. Acquire, construct, repair, renovate, alter, maintain, and equip headquarters facilities and communication and information technology equipment;
  2. Contract to acquire headquarters facilities and communication and information technology equipment on the terms and conditions specified by this subchapter and approved by the Director of the Division of Arkansas State Police with the consent of the commission;
  3. Provide for the payment of the costs associated with the acquisition of headquarters facilities and communication and information technology equipment from any legally available source, including without limitation pledged revenues and funds appropriated and made available under § 12-8-101 et seq.;
  4. Enter into financing documents and agreements with the Arkansas Development Finance Authority that are necessary and appropriate to secure obligations issued by the authority that will facilitate the acquisition of the headquarters facilities and communication and information technology equipment; and
  5. Take other action, not inconsistent with law, that may be necessary, convenient, or desirable to carry out the powers, purposes, and authority stated in this subchapter or to carry out the intent of this subchapter.

History. Acts 2015, No. 856, § 2; 2019, No. 910, § 5806.

Amendments. The 2019 amendment substituted “Division of Arkansas State Police” for “Department of Arkansas State Police” in (2).

12-8-606. Use of pledged revenues.

    1. The debt service payments and other costs relating to a headquarters facility or communication and information technology equipment shall be secured by a lien on and pledge of the pledged revenues.
    2. To the extent that pledged revenues are not required to make debt service payments, the pledged revenues shall be released to the Division of Arkansas State Police to provide operating funds as described in this section.
    1. All pledged revenues are cash funds restricted in their use and dedicated and to be used solely as provided in this subchapter.
    2. When pledged revenues are received by the Commissioner of Motor Vehicles, the Office of Motor Vehicle, the Division of Arkansas State Police, the Arkansas State Police Commission, the Department of Finance and Administration, or any other state agency, the pledged revenues shall be deposited as cash funds into a bank selected by the Division of Arkansas State Police to the credit of the Division of Arkansas State Police Financing Fund.
    1. On the date that the Arkansas Development Finance Authority issues bonds under this subchapter and the Arkansas Development Finance Authority Act, § 15-5-101 et seq., §§ 15-5-201 — 15-5-211, 15-5-213, and 15-5-301 — 15-5-316, any revenues in the Division of Arkansas State Police Financing Fund shall be pledged revenues.
    2. Debt service payments shall be paid from the Division of Arkansas State Police Financing Fund as stated in the financing documents.
      1. If all debt service payments have been properly made on the last day of each fiscal quarter, the pledged revenues remaining in the Division of Arkansas State Police Financing Fund shall be withdrawn from the Division of Arkansas State Police Financing Fund and deposited into the State Treasury as special revenues to the credit of the Division of Arkansas State Police Fund.
      2. However, if any debt service payments remain to be paid under this subchapter, all moneys in the Division of Arkansas State Police Financing Fund shall continue to be pledged to the debt service payments and other costs in connection with the bonds and the maintenance of reserves, notwithstanding the right of the Division of Arkansas State Police to withdraw funds on the last day of each fiscal quarter if debt service payments are current.
  1. If any debt service payments remain to be made, the General Assembly may modify or change the pledged revenues only if there are always maintained in effect and made available for the payment of debt service payments sources of revenue comparable in amount and time of receipt that produce revenues sufficient to provide for and secure debt service payments when due.

History. Acts 2015, No. 856, § 2; 2019, No. 910, § 5807.

Amendments. The 2019 amendment substituted “Division of Arkansas State Police” for “Department of Arkansas State Police” and made similar changes throughout the section.

12-8-607. Division of Arkansas State Police Financing Fund.

  1. There is created the Division of Arkansas State Police Financing Fund.
  2. The fund is a cash fund of the Division of Arkansas State Police and shall be used as provided in this subchapter.

History. Acts 2015, No. 856, § 2; 2019, No. 910, § 5808.

Amendments. The 2019 amendment substituted “Division of Arkansas State Police Financing Fund” for “Department of Arkansas State Police Financing Fund” in the section heading and in (a); and substituted “Division of Arkansas State Police” for “Department of Arkansas State Police” in (b).

12-8-608. Sunset.

This subchapter shall expire twenty (20) years from March 31, 2015.

History. Acts 2015, No. 856, § 2.

Chapter 9 Law Enforcement Officer Training and Standards

Research References

ALR.

Right of incarcerated mother to retain custody of infant in penal institution. 14 A.L.R.4th 748.

State regulation of conjugal or overnight familial visits in penal or correctional institutions. 29 A.L.R.4th 1216.

U. Ark. Little Rock L.J.

Survey, Criminal Procedure, 13 U. Ark. Little Rock L.J. 349.

Case Notes

Cited: Barnes v. State, 305 Ark. 428, 810 S.W.2d 909 (1991).

Subchapter 1 — Commission on Standards and Training

Effective Dates. Acts 1975, No. 452, § 13: Jan. 1, 1976.

Acts 1979, No. 642, § 3: Mar. 28, 1979. Emergency clause provided: “It is hereby found and determined by the General Assembly that under the present law relating to minimum standards for law enforcement officers a temporary or probationary employment may not be extended beyond one year; that this has created a serious hardship in some instances and it is urgent that some provision be made for permitting the extension of such temporary or probationary employment beyond one year in unusual circumstances and that this act is designed to accomplish this purpose. Therefore, an emergency is hereby declared to exist and this act being necessary for the immediate preservation of the public peace, health, and safety shall be in full force and effect from and after its passage and approval.”

Acts 1981, No. 45, § 15: July 1, 1981. Emergency clause provided: “It is hereby found and determined by the General Assembly that the agencies, departments, and programs now performed through the Department of Public Safety could more efficiently and economically perform their respective duties and responsibilities through reorganized agencies and departments operating as separate entities; that substantial savings could be made by eliminating the central services of the Department of Public Safety; and that the immediate passage of this act is necessary to provide for advance planning for more efficient administration after the close of the current fiscal biennium of the various public safety programs of this state. Therefore, an emergency is hereby declared to exist and this act, being necessary for the immediate preservation of the public peace, health, and safety, shall be in full force and effect from and after July 1, 1981.”

Acts 1981, No. 427, § 8: July 1, 1981. Emergency clause provided: “It is hereby found and determined by the Seventy-Third General Assembly, that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a two-year period; that the effectiveness of this act on July 1, 1981 is essential to the operation of the agency for which the appropriations in this act are provided, and that in the event of an extension of the Regular Session, the delay in the effective date of this act beyond July 1, 1981 could work irreparable harm upon the proper administration and providing of essential governmental programs. Therefore, an emergency is hereby declared to exist and this act being necessary for the immediate preservation of the public peace, health, and safety shall be in full force and effect from and after July 1, 1981.”

Acts 1983, No. 89, § 6: July 1, 1983. Emergency clause provided: “It is hereby found and determined by the Seventy-Fourth General Assembly, that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a two-year period; that the effectiveness of this act on July 1, 1983 is essential to the operation of the agency for which the appropriations in this act are provided, and that in the event of an extension of the Regular Session, the delay in the effective date of this act beyond July 1, 1983 could work irreparable harm upon the proper administration and provision of essential governmental programs. Therefore, an emergency is hereby declared to exist and this act being necessary for the immediate preservation of the public peace, health, and safety shall be in full force and effect from and after July 1, 1983.”

Acts 1983, Nos. 131 and 135, § 6: Feb. 10, 1983. Emergency clause provided: “It is hereby found and determined by the General Assembly that state boards and commissions exist for the singular purpose of protecting the public health and welfare; that citizens over 60 years of age represent a significant percentage of the population; that it is necessary and proper that the older population be represented on such boards and commissions; that the operations of the boards and commissions have a profound effect on the daily lives of older Arkansans; and that the public voice of older citizens should not be muted as questions coming before such bodies. Therefore, an emergency is hereby declared to exist and this act being necessary for the immediate preservation of the public peace, health, and safety shall be in full force and effect from and after its passage and approval.”

Acts 1983, No. 763, § 3: Mar. 24, 1983. Emergency clause provided: “It is hereby found and determined by the General Assembly that there is confusion over the authority of municipal inspectors to issue citations for the violation of municipal codes, ordinances, and regulations. Therefore, an emergency is hereby declared to exist and this act being necessary for the preservation of the public peace, health, and safety shall be in full force and effect from and after its passage and approval.”

Acts 1983, No. 905, § 3: Mar. 28, 1983. Emergency clause provided: “With knowledge that there are law enforcement officers presently appointed or employed in this state who have been convicted of felony offenses and that there is ambiguity in the law with respect to what constitutes a conviction, and that the law enforcement officer is in a high position of public trust, and that this act is necessary for the protection of the public peace, health, and safety, this act shall be in full force and effect from and after its passage and approval.”

Acts 1989 (3rd Ex. Sess.), No. 44, § 5: Nov. 8, 1989. Emergency clause provided: “It is hereby found and determined by the General Assembly that actions by law enforcement officers are being held invalid merely because the law enforcement officers fail to meet all law enforcement standards; that as a result, prosecution of many criminals is being thwarted; that criminals should not go unpunished merely because a law enforcement officer fails to meet all standards prescribed by the State; that this Act eliminates the language which invalidates action taken by such law enforcement officers; and that this Act should go into effect immediately in order to protect the safety and welfare of the citizens of this State. Therefore, an emergency is hereby declared to exist and this Act being immediately necessary for the preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1997, No. 179, § 38: Feb. 17, 1997. Emergency clause provided: “It is hereby found and determined by the General Assembly that Act 10 of the First Extraordinary Session of 1995 abolished the Joint Interim Committee on Public Health, Welfare, and Labor and in its place established the House Interim Committee and Senate Interim Committee on Public Health, Welfare, and Labor; that various sections of the Arkansas Code refer to the Joint Interim Committee on Public Health, Welfare, and Labor and should be corrected to refer to the House and Senate Interim Committees on Public Health, Welfare, and Labor; that this act so provides; and that this act should go into effect immediately in order to make the laws compatible as soon as possible. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective on the date of its approval by the Governor. If the bill is neither approved nor vetoed by the Governor, it shall become effective on the expiration of the period of time during which the Governor may veto the bill. If the bill is vetoed by the Governor and the veto is overridden, it shall become effective on the date the last house overrides the veto.”

Acts 1997, No. 250, § 258: Feb. 24, 1997. Emergency clause provided: “It is hereby found and determined by the General Assembly that Act 1211 of 1995 established the procedure for all state boards and commissions to follow regarding reimbursement of expenses and stipends for board members; that this act amends various sections of the Arkansas Code which are in conflict with the Act 1211 of 1995; and that until this cleanup act becomes effective conflicting laws will exist. Therefore an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective on the date of its approval by the Governor. If the bill is neither approved nor vetoed by the Governer it shall become effective on the expiration of the period of time during which the Governor may veto the bill. If the bill is vetoed by the Governor and the veto is overridden, it shall become effective on the date the last house overrides the veto.”

Acts 1997, No. 1203, § 8: Apr. 8, 1997. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the Arkansas Police Corps Program and Police Corps Scholarship Program, which are operated in large part under federal grants, do not conform with federal requirements and that failure to take immediate appropriate action could work irreparable harm upon the proper administration and provision of these programs. Therefore an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective on the date of its approval by the Governor. If the bill is neither approved nor vetoed by the Governor, it shall become effective on the expiration of the period of time during which the Governor may veto the bill. If the bill is vetoed by the Governor and the veto is overridden, it shall become effective on the date the last house overrides the veto.”

Acts 1999, No. 1022, § 13: July 1, 1999. Emergency clause provided: “It is hereby found and determined by the Eighty-second General Assembly, that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a two (2) year period; that the effectiveness of this Act on July 1, 1999 is essential to the operation of the agency for which the appropriations in this Act are provided, and that in the event of an extension of the Regular Session, the delay in the effective date of this Act beyond July 1, 1999 could work irreparable harm upon the proper administration and provision of essential governmental programs. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 1999.”

Acts 1999, No. 1247, § 5: Apr. 8, 1999. Emergency clause provided: “It is hereby found and determined by the Eighty-second General Assembly that it is essential to the effective and efficient administration and enforcement of parking ordinances in municipalities that such municipalities be permitted to employ enforcement personnel who do not meet the certification requirements of the Arkansas Commission on Law Enforcement Standards or to contract for such services by noncertified enforcement personnel; that this act is designed to permit municipalities to employ or contract for the services and should be given effect immediately to enable municipalities to provide for the proper enforcement of such ordinances. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective on the date of its approval by the Governor. If the bill is neither approved nor vetoed by the Governor, it shall become effective on the expiration of the period of time during which the Governor may veto the bill. If the bill is vetoed by the Governor and the veto is overridden, it shall become effective on the date the last house overrides the veto.”

Acts 2003, No. 509, § 2: Mar. 18, 2003. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the current law enforcement training standards do not require adequate training concerning sexual assault; that this bill requires such additional training; and that this bill is immediately necessary in order to provide the necessary training to our law enforcement officers as soon as possible. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2018, No. 202, § 12: July 1, 2018.

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

Case Notes

Applicability.

Since this subchapter applies only to appointed officers, constables, as officers “elected by a vote of the people,” are not subject to its provisions. Credit v. State, 25 Ark. App. 309, 758 S.W.2d 10 (1988).

12-9-101. Legislative determinations.

The General Assembly finds and determines that:

  1. The administration of criminal justice is of statewide concern and that law enforcement is important to the health, safety, and welfare of the people of this state;
  2. The state has a responsibility to ensure effective law enforcement by establishing minimum selection, training, and educational requirements for law enforcement officers and also to encourage advanced in-service training programs; and
  3. It is in the public interest that minimum levels of education and training be developed and made available to persons seeking to become law enforcement officers and to persons presently serving as law enforcement officers.

History. Acts 1975, No. 452, § 1; A.S.A. 1947, § 42-1001n.

Case Notes

Cited: City of Little Rock v. Tibbett, 301 Ark. 376, 784 S.W.2d 163 (1990); Johnson v. City of Kensett, 301 Ark. 592, 787 S.W.2d 651 (1990); Renshaw v. State, 303 Ark. 244, 795 S.W.2d 925 (1990); City of Pocahontas v. Huddleston, 309 Ark. 353, 831 S.W.2d 138 (1992).

12-9-102. Definitions.

As used in this subchapter:

  1. “Law enforcement agency” means:
    1. A private college or university law enforcement agency as described in § 12-20-101 et seq.;
    2. The Division of Law Enforcement Standards and Training and the Black River Technical College Law Enforcement Training Academy as designated under § 12-9-210; and
    3. Any other entity designated by law as a law enforcement agency;
  2. “Law enforcement officer” means an appointed law enforcement officer who is responsible for the prevention and detection of crime and the enforcement of the criminal, traffic, or highway laws of this state, excluding only those officers who are elected by a vote of the people; and
  3. “Political subdivision” means any county, municipality, township, or other specific local unit of general government.

History. Acts 1975, No. 452, § 2; A.S.A. 1947, § 42-1001; Acts 1989, No. 25, § 2; 2017, No. 497, § 2; 2019, No. 910, § 5809.

Amendments. The 2017 amendment deleted former (1); added present (1); and made a stylistic change.

The 2019 amendment substituted “Division of Law Enforcement Standards and Training” for “Arkansas Commission on Law Enforcement Standards and Training” in (1)(B).

Cross References. Railroad police, § 23-12-701 et seq.

Case Notes

Law Enforcement Officer.

An appointed chief of police is a law enforcement officer, within the statutory definition, because he is responsible for the prevention and detection of crime and the enforcement of the criminal, traffic, or highway laws of this state. Allen v. Titsworth, 279 Ark. 138, 649 S.W.2d 185 (1983).

The mere fact that employees of a police department are uniformed and wear badges does not automatically convert them into law enforcement officers. City of Pocahontas v. Huddleston, 309 Ark. 353, 831 S.W.2d 138 (1992).

Cited: Lamb v. State, 21 Ark. App. 111, 730 S.W.2d 252 (1987); Credit v. State, 25 Ark. App. 309, 758 S.W.2d 10 (1988).

12-9-103. Commission created — Members — Meetings — Director.

  1. The members of the Arkansas Commission on Law Enforcement Standards and Training shall consist of ten (10) members, to be appointed by the Governor with the advice and approval of the Senate.
      1. Two (2) members of the commission shall be chiefs of police of municipalities in Arkansas, two (2) members of the commission shall be county sheriffs of counties in this state, one (1) member shall be an officer of the Division of Arkansas State Police, two (2) members shall be appointed to represent the public, one (1) member shall be an educator in the field of criminal justice, and one (1) member shall represent the Arkansas Municipal Police Association.
      2. Each congressional district of the state shall be represented on the commission, with the remaining members to be appointed from the state at large.
      1. One (1) member shall not be actively engaged in or retired from law enforcement.
      2. The member under subdivision (b)(2)(A) of this section shall be:
        1. At least sixty (60) years of age and shall represent the elderly;
        2. Appointed from the state at large subject to confirmation by the Senate; and
        3. A full voting member.
  2. Members shall be appointed for terms of seven (7) years or until their successors are appointed and qualified.
  3. If a vacancy occurs on the commission due to death, resignation, or for other reason, the vacancy shall be filled by appointment by the Governor, in the same manner as provided for the initial appointment for the position, for the remainder of the unexpired portion of the term thereof.
  4. Members of the commission shall serve without compensation but may receive expense reimbursement in accordance with § 25-16-901 et seq.
  5. The commission shall meet at such times as may be provided by the rules of the commission, or upon call of the chair, or upon written request of any four (4) members.
    1. Upon recommendation of the commission, the Governor shall appoint the Director of the Division of Law Enforcement Standards and Training, who shall perform such duties as may be directed by the commission and who shall serve at the pleasure of the Governor.
    2. The director shall report to the Secretary of the Department of Public Safety.

History. Acts 1981, No. 45, § 7; 1983, No. 131, §§ 1-3, 5; 1983, No. 135, §§ 1-3, 5; A.S.A. 1947, §§ 6-623 — 6-626, 42-701.1; Acts 1993, No. 109, § 1; 1997, No. 250, § 65; 2009, No. 205, § 1; 2011, No. 283, § 1; 2017, No. 250, § 2; 2017, No. 497, § 3; 2019, No. 910, §§ 5810, 5811.

Publisher's Notes. In addition to enacting the general and permanent provisions codified in this section, Acts 1981, No. 45, § 7, abolished the Executive Commission on Law Enforcement Standards, which was created by Acts 1975, No. 452, § 5, and transferred all its powers, functions, duties, personnel, and funds to the Arkansas Commission on Law Enforcement Standards and Training.

It further provided that the act should not be construed so as to reduce any right which an employee of the Executive Commission on Law Enforcement Standards would have under any civil service or merit system.

The terms of the members of the Arkansas Commission on Law Enforcement Training and Standards, other than the representative of the elderly, are arranged so that one (1) term expires on January 14 of each year.

Amendments. The 2009 amendment substituted “ten (10)” for “nine (9)” in (a); in (b), inserted “one (1) member shall be an officer of the Department of Arkansas State Police” in (b)(1)(A), inserted “under subdivision (b)(2)(A) of this section” in (b)(2)(B); and made related and stylistic changes.

The 2011 amendment, in (b)(3), inserted “or his or her designee” and deleted “during his or her term of office as president of the association, and his or her successors shall likewise serve as full voting members of the commission” at the end; and deleted “Except for the president of the Arkansas Municipal Police Association” at the beginning of (c).

The 2017 amendment by No. 250 substituted “At least sixty (60)” for “Sixty (60)” in (b)(2)(B)(i).

The 2017 amendment by No. 497 inserted “members of the” in (a); in (b)(1)(A), inserted “and one (1) member shall represent the Arkansas Municipal Police Association”; substituted “At least sixty (60)” for “Sixty (60)” in (b)(2)(B)(i); and deleted (b)(3).

The 2019 amendment substituted “Division of Arkansas State Police” for “Department of Arkansas State Police” in (b)(1)(A); and redesignated (g) as (g)(1), substituted “Director of the Division of Law Enforcement Standards and Training” for “Director of Law Enforcement Standards and Training” in (g)(1), and added (g)(2).

Case Notes

Cited: Lamb v. State, 21 Ark. App. 111, 730 S.W.2d 252 (1987).

12-9-104. Commission's powers generally.

In addition to powers conferred upon the Arkansas Commission on Law Enforcement Standards and Training elsewhere in this subchapter, the commission may:

    1. Promulgate rules for the administration of this subchapter.
    2. The rules promulgated by the commission shall not go into full force and effect until the commission seeks the advice of the Legislative Council and the House Committee on Public Health, Welfare, and Labor and the Senate Committee on Public Health, Welfare, and Labor or appropriate subcommittees of the Legislative Council and the House Committee on Public Health, Welfare, and Labor and the Senate Committee on Public Health, Welfare, and Labor;
  1. Require the submission of reports and information by police departments within this state;
    1. Establish minimum selection and training standards for admission to employment as a law enforcement officer or as a private college or university law enforcement officer.
    2. The minimum selection and training standards may take into account different requirements for urban and rural areas, full-time and part-time employment, and specialized police personnel;
  2. Establish minimum curriculum requirements for preparatory, in-service, and advanced courses and programs of schools operated by or for the state and political subdivisions for the specific purpose of training recruits as law enforcement officers;
  3. Consult and cooperate with counties, municipalities, agencies of this state, other governmental agencies, and with universities, colleges, junior colleges, community colleges, and other institutions or organizations concerning the development of police training schools and programs or courses of instruction;
  4. Approve institutions and facilities to be used by or for the state or any political subdivision of the state for the specific purpose of training law enforcement officers and recruits;
  5. Adopt rules and minimum standards for schools, including without limitation:
    1. The curriculum for:
      1. Probationary police officers, which shall be offered by all certified schools, including without limitation courses on:
        1. Accident investigation;
        2. Arrest;
        3. Civil rights;
        4. Court testimonies;
        5. Criminal law;
        6. Firearms training;
        7. First aid;
        8. Handling of juvenile offenders;
        9. Human relations;
        10. Law of criminal procedure;
        11. Law of evidence;
        12. Physical training;
        13. Race relations and sensitivity;
        14. Recognition of mental conditions that require immediate assistance and methods to safeguard and provide assistance to a person in need of mental treatment;
        15. Reports;
        16. Search and seizure;
        17. Statements;
        18. Techniques of obtaining physical evidence;
        19. Traffic control; and
        20. Vehicle and traffic law; and
      2. Certified police officers, including without limitation refresher and in-service training in:
        1. Any of the courses listed in subdivision (7)(A)(i) of this section;
        2. Advanced courses in any of the subjects listed in subdivision (7)(A)(i) of this section;
        3. Training for supervisory personnel; and
        4. Specialized training in subjects and fields to be selected by the commission;
    2. Minimum courses of study, attendance requirements, and equipment requirements;
    3. Minimum requirements for instructors; and
    4. Minimum basic training requirements that a probationary police officer must satisfactorily complete before being eligible for certification as a law enforcement officer;
  6. Make and encourage studies of any aspect of police administration;
  7. Conduct and stimulate research by public and private agencies designed to improve police administration and law enforcement;
  8. Make recommendations concerning matters within its purview pursuant to this subchapter;
  9. Make evaluations as may be necessary to determine if governmental units are complying with this subchapter;
  10. Adopt and amend bylaws, consistent with law, for the commission's internal management and control;
  11. Enter into contracts or do such things as may be necessary and incidental to the administration of this subchapter;
  12. Facilitate training of certified law enforcement officers pursuant to a memorandum of understanding between the State of Arkansas and the United States Department of Justice or the United States Department of Homeland Security concerning the enforcement of federal immigration laws;
  13. In consultation with the Arkansas Association of Chiefs of Police, develop and implement suggested selection and training requirements and nonmandatory basic and advanced levels of certification for chiefs of police;
  14. In consultation with the Arkansas Sheriffs' Association, develop and implement suggested training requirements and nonmandatory basic and advanced levels of certification for county sheriffs;
  15. Adopt rules to implement §§ 14-15-309 and 19-6-821; and
  16. Impose administrative penalties against a law enforcement agency or governmental entity for violations of commission rules as permitted under § 12-9-120.

History. Acts 1975, No. 452, § 6; 1981, No. 427, § 4; 1983, No. 89, § 3; A.S.A. 1947, §§ 42-701.2, 42-1005; Acts 1993, No. 110, § 1; 1997, No. 179, § 8; 2005, No. 907, § 2; 2009, No. 793, § 1; 2013, No. 168, § 1; 2013, No. 227, § 1; 2013, No. 551, § 2; 2017, No. 497, § 4.

Amendments. The 2005 amendment added (14) and made related changes.

The 2009 amendment added (15) and (16).

The 2013 amendment by No. 168 added (17).

The 2013 amendment by No. 227 added “or as a private college or university law enforcement officer” at the end of (3)(A)(i).

The 2013 amendment by No. 551 deleted “and regulations” following “rules” in (1)(A) and (1)(B); inserted “minimum selection and training” in (3)(A)(ii); substituted “training recruits as” for “training recruits for” in (4); rewrote the introductory language of (7) and the introductory language of (7)(A)(i) and (ii); deleted “the provisions of” preceding “this subchapter” in (11); substituted “the commission's” for “its” in (12); deleted “United States” preceding “Department of Homeland Security” in (14); added (17) (now (18)); and made stylistic changes.

The 2017 amendment redesignated former (3)(A)(i) and (ii) as (3)(A) and (3)(B); deleted former (3)(B); substituted “Certified” for “Permanent” in the introductory language of (7)(A)(ii); substituted “certification” for “permanent employment” in (7)(D); deleted former (17); redesignated former (18) as (17); substituted “19-6-821” for “19-6-819” in (17); and added present (18).

Case Notes

Cited: Gilbert v. City of Little Rock, 544 F. Supp. 1231 (E.D. Ark. 1982); Lamb v. State, 21 Ark. App. 111, 730 S.W.2d 252 (1987).

12-9-105. Employees.

The Division of Law Enforcement Standards and Training may employ such employees as are necessary to efficiently and effectively carry out this subchapter and as may be authorized by appropriations of the General Assembly.

History. Acts 1975, No. 452, § 7; A.S.A. 1947, § 42-1006; Acts 2011, No. 779, § 3; 2019, No. 910, § 5812.

Amendments. The 2011 amendment deleted “biennial” preceding “appropriations”.

The 2019 amendment substituted “Division of Law Enforcement Standards and Training” for “Arkansas Commission on Law Enforcement Standards and Training”.

Case Notes

Cited: Lamb v. State, 21 Ark. App. 111, 730 S.W.2d 252 (1987).

12-9-106. Selection and training requirements — Exceptions.

    1. The Arkansas Commission on Law Enforcement Standards and Training shall provide by rule that a person shall not be appointed as a law enforcement officer, except on a temporary basis not to exceed nine (9) months, unless the person has satisfactorily completed a program of police training at a school approved by the commission.
    2. If the executive body of the commission determines that extraordinary circumstances exist, the commission may approve an extension of temporary employment.
    1. In addition to the requirements of subsection (a) of this section and § 12-9-104(7), the commission, by rules, shall fix such other qualifications as it deems necessary.
    2. However, no person who pleads or is found guilty of a felony shall be eligible to be appointed or certified as a law enforcement officer.
  1. The commission shall issue a certificate evidencing satisfaction of the requirements of subsections (a) and (b) of this section to any applicant who presents such evidence as may be required by its rules of satisfactory completion of a program or course of instruction in this or another state conforming to the content and quality required by the commission for approved education and training.
  2. Nothing in this section shall be construed to preclude any employing agency from establishing qualifications and standards for hiring, training, compensating, or promoting law enforcement officers that exceed those set by the commission.
    1. Law enforcement officers already serving under full-time permanent appointment on December 31, 1977, shall not be required to meet the requirements of subsections (a) and (b) of this section as a condition of tenure or continued employment, nor shall failure of any such law enforcement officer to fulfill the requirements make him or her ineligible.
    2. Law enforcement officers employed prior to January 1, 1976, may continue their employment and participate in training programs on a voluntary or assigned basis, but failure to meet standards shall not be grounds for their dismissal or termination of employment. Subsequent termination of employment, whether voluntary or involuntary, shall not result in revocation of this exclusion status but such officers shall have the same powers, privileges, and rights and shall be subject to the same rules and restrictions as are applicable to officers whose certification is based on formal training.
    3. Personnel of law enforcement agencies whose status as to coverage under this subchapter is questionable on December 31, 1977, but who are subsequently determined to be subject thereto, shall have an effective date of compliance enforcement as set by the commission, and personnel employed prior to that date shall be excluded from mandatory compliance therewith.

History. Acts 1975, No. 452, § 8; 1979, No. 642, § 1; 1983, No. 905, § 1; A.S.A. 1947, § 42-1007; Acts 1999, No. 1472, § 1; 2009, No. 793, § 2; 2013, No. 1061, § 1; 2017, No. 497, § 5; 2019, No. 315, §§ 851, 852.

Amendments. The 2009 amendment, in (a)(1), substituted “rule” for “regulation” and inserted “or probationary”; subdivided (a)(2); inserted “or background investigation” in (a)(2)(A); and in (a)(2)(B), inserted “If the executive body of the commission determines under subdivision (a)(2)(A) of this section that extraordinary circumstances exist” and substituted “temporary or probationary employment” for “probation”; and made related and minor stylistic changes.

The 2013 amendment deleted “or probationary” following “temporary” throughout (a).

The 2017 amendment, in (a)(1), substituted “nine (9) months” for “one (1) year” and deleted “preparatory” preceding “program”; deleted former (a)(2)(A) and redesignated former (a)(2)(B) as (a)(2); in (a)(2), deleted “under subdivision (a)(2)(A) of this section” following “determines” and “for no more than an eight-month period” at the end.

The 2019 amendment substituted “rule” for “rules and regulations” in (b)(1); and deleted “and regulations” following “rules” in (c).

Cross References. County sheriff as law enforcement officer, § 12-9-112.

Case Notes

Constitutionality.

While § 12-9-108 does not itemize the standards required, the standards are not unconstitutionally vague because they are either set out under this section in particular or as part of the commission rules. McEntire v. State, 305 Ark. 470, 808 S.W.2d 762 (1991).

Bond.

There is no requirement under this section that officers be bonded in order to lawfully execute their duties. Dilday v. State, 300 Ark. 249, 778 S.W.2d 618 (1989).

Grandfather Clause.

Where a supervising officer testified he had been employed continuously as a full-time police officer for the past fourteen years at various police departments, and on cross-examination stated there had been one interval of three weeks between the time he worked for two cities, but was not asked whether he was on some type of leave during this period, it could not be said that his testimony that he had been continuously employed as a policeman was in error. King v. State, 304 Ark. 592, 804 S.W.2d 360 (1991).

Supreme Court did not need to determine whether the trial court was clearly erroneous in finding of fact that the personnel file belonging to the arresting auxiliary officer's supervising officer contained a diploma and physical report as required under minimum standards set by the Commission on Law Enforcement Standards and Training, because, even if it did not, the supervising officer was grandfathered in by subdivision (e)(1). King v. State, 304 Ark. 592, 804 S.W.2d 360 (1991).

Cited: Smith v. State, 278 Ark. 462, 648 S.W.2d 792 (1983); Karr v. Townsend, 606 F. Supp. 1121 (W.D. Ark. 1985); Lamb v. State, 21 Ark. App. 111, 730 S.W.2d 252 (1987); Pipes v. State, 22 Ark. App. 235, 738 S.W.2d 423 (1987); Dilday v. State, 300 Ark. 249, 778 S.W.2d 618 (1989); Kittler v. State, 304 Ark. 344, 802 S.W.2d 925 (1991); City of Pocahontas v. Huddleston, 309 Ark. 353, 831 S.W.2d 138 (1992).

12-9-107. Training programs.

    1. For the purpose of this subchapter, the Division of Law Enforcement Standards and Training may cooperate with federal, state, and local law enforcement agencies in establishing and conducting instruction and training programs for law enforcement officers of this state, its counties, and municipalities.
    2. Cooperation under subdivision (a)(1) of this section may include without limitation the use of any training facility, equipment, or personnel to conduct training or provide services for any law enforcement or public safety purpose.
  1. The division shall establish and maintain police training programs through such agencies and institutions as the division may deem appropriate to carry out the intent of this subchapter.
  2. The division shall work with each state agency and political subdivision that adheres to the selection and training standards established by the division to provide allowable tuition, living, and training expenses incurred by the officers in attendance at approved training programs.
    1. It is the intent of this subchapter that the expenses of attending the approved training programs established under subsection (c) of this section shall be furnished by the state through the division or any other manner that may be prescribed by the division, and no cost or charge shall be made to any local political subdivision for the actual cost of the training.
    2. The state shall not be liable for the travel cost or any salary in connection with attending any training program.
    3. The division may accept reimbursement from any public or private entity for the use of its training facilities, equipment, or personnel during the providing of services.
  3. The expenses of attending training provided pursuant to a memorandum of understanding between the State of Arkansas and the United States Department of Justice or the United States Department of Homeland Security shall be paid in accordance with the provisions of § 12-8-104.
  4. The division shall administer the training and certification program for court security officers under the Arkansas Court Security Act, § 16-10-1001 et seq.
    1. Persons such as doctors, nurses, firefighters, first responders, or other medical personnel, persons engaged in homeland security, or persons otherwise engaged in assisting in the protection of public welfare and safety who are not law enforcement personnel may attend training or receive instruction at the invitation of the division.
    2. The division may assess a fee on a person invited to attend training or receive instruction under this subsection to reimburse the division for costs associated with the training or instruction under this subsection.

History. Acts 1975, No. 452, § 9; A.S.A. 1947, § 42-1008; Acts 1997, No. 1203, § 4; 2005, No. 907, § 3; 2007, No. 576, § 2; 2011, No. 188, § 1; 2017, No. 497, § 6; 2019, No. 910, § 5813.

A.C.R.C. Notes. Acts 2007, No. 576, § 3, provided:

“The General Assembly recommends:

“(1) That the Supreme Court develop a comprehensive policy on security and emergency preparedness for the judicial branch of the government;

“(2) That the Supreme Court establish standards for every county for the development of a local security and emergency preparedness plan for circuit courts in the county and establish standards for every city in which a district court is located for the development of a local security and emergency preparedness plan for district courts in the city; and

“(3)(A) That the Supreme Court create a Security and Emergency Preparedness Advisory Committee.

“(B) The committee should be inclusive of judges, law enforcement officers, sheriffs, city and county executive officers, emergency preparedness officials, legislators, and others involved in providing security to the courts.

“(C) Legislative representation on the committee should be appointed by the Speaker of the House of Representatives and the President Pro Tempore of the Senate.”

Amendments. The 2005 amendment added (e).

The 2007 amendment added (f).

The 2011 amendment redesignated former (a) as present (a)(1) and added (a)(2); substituted “Arkansas Law Enforcement Training Academy” for “law enforcement training academy” in (d)(1); and added (d)(3), (g)(1) and (g)(2).

The 2017 amendment deleted “including provision for training participants under twenty-one (21) years of age in the Arkansas Police Corps Scholarship Program” at the end of (b).

The 2019 amendment substituted “division” for “commission” throughout the section; substituted “Division of Law Enforcement Standards and Training” for “Arkansas Commission on Law Enforcement Standards and Training” in (a)(1); and substituted “division” for “Arkansas Law Enforcement Training Academy” in (d)(1).

Case Notes

Cited: Lamb v. State, 21 Ark. App. 111, 730 S.W.2d 252 (1987).

12-9-108. Failure to meet qualifications — Effect — Exemptions.

    1. Actions taken by law enforcement officers who do not meet all of the standards and qualifications set forth in this subchapter or made by the Arkansas Commission on Law Enforcement Standards and Training shall not be held invalid merely because of the failure to meet the standards and qualifications.
      1. The Director of Law Enforcement Standards and Training may temporarily suspend a law enforcement officer's ability to act as a law enforcement officer for failure to meet the standards or qualifications under this subchapter until the failure is corrected or pending review by the commission.
      2. Notification of a suspension under subdivision (a)(2)(A) of this section shall be made in a timely manner to the administrator of the law enforcement agency by which the law enforcement officer is employed.
    1. Nothing in this subchapter or any requirements made by the commission shall prevent any action by a private citizen that is now authorized by law.
    2. No provision of this subchapter shall affect the deputizing of a private citizen by a law enforcement officer in a time of a disaster or emergency.
    3. Nothing in this subchapter or any other law shall prohibit inspectors and code enforcement officers of cities, towns, or counties from issuing citations for the violation of municipal or county codes, ordinances, or regulations that they are charged by their city, town, or county with the duty of enforcing.
      1. Cities of the first class, cities of the second class, and incorporated towns are authorized to employ persons or to contract with private or public corporations, associations, or other entities, whether charitable, nonprofit, or for profit, that employ persons who do not meet certification requirements prescribed by the commission to enforce and execute any or all provisions of a municipal parking enforcement ordinance, including, but not limited to, the issuance of citations, the collection of fines, and any other parking enforcement process or procedure as may be established by ordinance of the municipality.
      2. Persons employed under this subdivision (b)(4) shall not carry firearms nor take any other official law enforcing action except that enumerated in subdivision (b)(4)(A) of this section.

History. Acts 1975, No. 452, § 10; 1983, No. 763, § 1; 1985, No. 580, §§ 1, 2; A.S.A. 1947, §§ 19-4912, 19-4913, 42-1009; Acts 1989 (3rd Ex. Sess.), No. 44, § 1; 1999, No. 1247, § 1; 2009, No. 204, § 1; 2017, No. 497, § 7.

Publisher's Notes. Acts 1989 (3rd Ex. Sess.), No. 44, § 2, provided:

“It is hereby the intent of the General Assembly by amending the minimum standards for law enforcement officials, ab initio, that actions taken by law enforcement officers that are pending before any Court, Grand Jury, Department, Officer, Agency, Regulatory Body, Legislative Committee, or other authority of the United States, a State, or a Politicial Subdivision shall not be held invalid merely because of the failure to meet the standards and qualifications.”

Amendments. The 2009 amendment inserted “or counties” once and “or county” twice in (b)(3), and made related changes.

The 2017 amendment redesignated former (a) as (a)(1); and added (a)(2).

Research References

U. Ark. Little Rock L.J.

Survey, Criminal Law, 12 U. Ark. Little Rock L.J. 617.

Case Notes

Note. Some cases noted below were decided under former version of this section before the 1989 amendment.

Constitutionality.

The retroactive application of Acts 1989, No. 44, which amended subsection (a) to provide that action taken by non-qualified officers “shall not be held invalid”, does not violate the ex post facto clause because: 1) it does not punish as a crime an act previously committed, which was innocent when done; 2) it does not make more burdensome the punishment for a crime, after its commission; 3) it does not alter a legal rule of evidence to receive less or different testimony than was required at the time of the commission of the offense; and 4) it does not deprive a defendant of any defense available according to at the time when the act was committed. Ridenhour v. State, 305 Ark. 90, 805 S.W.2d 639 (1991); Mitchell v. State, 306 Ark. 383, 814 S.W.2d 904 (1991).

While this section does not itemize the standards required, the standards are not unconstitutionally vague because they are either set out under § 12-9-106 in particular or as part of the commission rules. McEntire v. State, 305 Ark. 470, 808 S.W.2d 762 (1991).

The retroactive application of Acts 1989, No. 44 was not prohibited by the ex post facto clauses of our federal and state constitutions where defendant was arrested on February 11, 1989, and his motion to dismiss was denied on August 17, 1989, but the trial was held on October 16, 1990, and judgment was entered on October 22, 1990; therefore, the case was pending when Acts 1989, No. 44 was enacted. Ellis v. State, 306 Ark. 461, 816 S.W.2d 164 (1991).

Construction.

This section deals with standards for employment. It does not deal with police conduct. Moore v. State, 303 Ark. 514, 798 S.W.2d 87 (1990).

Subsection (a) applies to “all of the standards,” leaving no room for an interpretation that makes a distinction between employment standards and training standards. Harshaw v. State, 313 Ark. 51, 852 S.W.2d 318 (1993).

Purpose.

The goal of this section and the goal of the exclusionary rule are different. The goal of this section is to compel police department administrators to check the backgrounds of those seeking to become officers, and to hire only psychologically qualified persons to serve as policemen, whereas, the exclusionary rule is designed to deter unlawful police conduct and compels respect for the Fourth Amendment by removing the incentive to disregard it. Moore v. State, 303 Ark. 514, 798 S.W.2d 87 (1990); Collins v. State, 304 Ark. 587, 804 S.W.2d 680 (1991).

Applicability.

Application of section, as amended in 1989, to a case pending at the time of the amendment, was not a violation of the prohibition against ex post facto laws. Harbour v. State, 305 Ark. 316, 807 S.W.2d 663 (1991).

It was proper to apply this section as amended by Acts 1989, No. 44, which removed the strictures previously invalidating actions taken by officers not meeting the commission's qualifications, to cases pending at the time Act 44 was enacted. Barnes v. State, 305 Ark. 428, 810 S.W.2d 909 (1991).

Actions by Others.

This section provides that action taken by an unqualified person “shall be held as invalid.” It does not indicate that actions taken by others should be held invalid or that an exclusionary rule should be applied. Moore v. State, 303 Ark. 514, 798 S.W.2d 87 (1990).

Authority to Arrest.

Section 16-81-106 and this section are repugnant in that § 16-81-106 provides that only certified law enforcement officers have the authority to make arrests, while this section provides that it does not matter whether officers are certified in order to make a valid arrest; however, that limited difference did not repeal the authority of law enforcement officers to make arrests, and a law officer who is vested with the authority to make arrests can issue citations. McDaniel v. State, 309 Ark. 20, 826 S.W.2d 286 (1992).

Bond.

There is no requirement under this section that officers be bonded in order to lawfully execute their duties. Dilday v. State, 300 Ark. 249, 778 S.W.2d 618 (1989).

Competency as Witness.

Law enforcement officers are not disqualified as witnesses based on whether they have met the criteria set forth by regulations promulgated by the Arkansas Commission on Law Enforcement Standards and Training. A person is presumed to be competent to be a witness. Cherry v. State, 302 Ark. 462, 791 S.W.2d 354 (1990).

Date of Compliance.

Subsection (a) does not invalidate any action taken by a police officer if the officer was not hired in compliance with the minimum standards set by the commission, as such an interpretation would place police departments in the impossible position of never being able to rectify an erroneous hiring practice from previous years. Goode v. State, 303 Ark. 609, 798 S.W.2d 430 (1990).

While deputy had not met commission standards when he was hired in 1982 because the results of the federal fingerprint search were not placed in his file as required by regulation of the commission, that deficiency was corrected by 1984 and from that point on, deputy was in compliance with the commission's standards. Goode v. State, 303 Ark. 609, 798 S.W.2d 430 (1990).

Exclusionary Rule.

After the 1989 amendment to subsection (a) of this section, the exclusionary rule no longer applied in cases involving officers who were not qualified. Harshaw v. State, 313 Ark. 51, 852 S.W.2d 318 (1993).

Failure to Be Certified.

Chief of police who was not certified during part of tenure could not validly act as law enforcement officer during that period; however, where he was validly employed by the city, his salary was reasonable, and he acted in good faith, the city was not entitled to a refund of the compensation paid him during the period of noncertification. Allen v. Titsworth, 279 Ark. 138, 649 S.W.2d 185 (1983).

The exclusionary rule should not be applied in a situation involving both qualified and unqualified officers; thus, where several law enforcement officials participated in defendant's arrest and at least one of them was properly qualified to so participate there was a valid arrest. Kittler v. State, 304 Ark. 344, 802 S.W.2d 925 (1991).

Invalid Arrest.

Defendant's conviction was not overturned where arrest was invalid because arresting deputy had not completed the training required by § 12-9-106, because an invalid arrest may call for the suppression of a confession or other evidence, but it does not entitle the defendant to be discharged from responsibility for the offense. Pipes v. State, 22 Ark. App. 235, 738 S.W.2d 423 (1987).

Arrests of the defendants were not invalidated merely because the arresting officers' file failed to contain the specified medical forms required by the commission. Barnes v. State, 305 Ark. 428, 810 S.W.2d 909 (1991).

Police Misconduct.

Where none of the five arresting officers met the minimum employment standards established by the Arkansas Commission on Law Enforcement Standards and Training the exclusionary rule need not be applied where there is no police misconduct. State v. Henry, 304 Ark. 339, 802 S.W.2d 448 (1991).

Proof of Compliance.

Where the trial court denied the defendant's request to examine the arresting officers' personnel files but then held the officers to be properly qualified, there was no prejudice to defendant, and thus no grounds for reversal, since the officer's compliance or noncompliance with the standards was established through testimony. Kittler v. State, 304 Ark. 344, 802 S.W.2d 925 (1991).

Prosecutor's Information.

Where arresting officer's psychological report did not contain recommendations pursuant to Commission on Law Enforcement Standards and Training regulations, his arrest of defendant was invalid. Freeman v. City of DeWitt, 301 Ark. 581, 787 S.W.2d 658 (1990).

Since a fingerprint check to disclose any criminal record pursuant to minimum standards for employment or appointment is mandatory rather than directory and the arresting officer's fingerprint check was completed but lost and he was hired “in the dark,” his arrest of defendant was invalid. Johnson v. City of Kensett, 301 Ark. 592, 787 S.W.2d 651 (1990).

Where the charges asserted against the defendant were by prosecutor's information and not an officer's citation, and even though the officer had made an initial arrest of the defendant on another minor traffic offense, the validity of the charging instrument and the exclusionary rule were not involved. Moore v. State, 304 Ark. 257, 801 S.W.2d 638 (1990).

Valid Arrest.

Pursuant to subsection (a), arrest by campus patrolman was not invalid although the patrolman's FBI fingerprint check had not been completed, and he had therefore not satisfied the minimum law enforcement standards when he arrested the defendant. Smith v. City of Little Rock, 305 Ark. 168, 806 S.W.2d 371 (1991).

Cited: Smith v. State, 278 Ark. 462, 648 S.W.2d 792 (1983); Lamb v. State, 21 Ark. App. 111, 730 S.W.2d 252 (1987); Huls v. State, 301 Ark. 572, 785 S.W.2d 467 (1990); Ellis v. State, 302 Ark. 597, 791 S.W.2d 370 (1990); King v. State, 304 Ark. 592, 804 S.W.2d 360 (1991); Whitaker v. State, 37 Ark. App. 112, 825 S.W.2d 827 (1992).

12-9-109. Legal counsel.

The Attorney General shall serve as legal counsel to the Arkansas Commission on Law Enforcement Standards and Training, but he or she may designate one (1) or more members of his or her staff to provide legal service to the commission.

History. Acts 1975, No. 452, § 3; A.S.A. 1947, § 42-1002.

12-9-110. Training of civilians to file parking violations and traffic accident reports.

  1. The Arkansas Commission on Law Enforcement Standards and Training shall by rule establish the qualifications including minimum training standards for persons performing law enforcement-related duties pursuant to this section within cities of the first class and within other areas of the State of Arkansas for cadets that are appointed by the Director of the Division of Arkansas State Police.
  2. Municipal police departments of cities of the first class and the Division of Arkansas State Police may employ persons who do not meet certification requirements prescribed by the commission, and the persons may:
    1. Issue citations for parking violations occurring within their respective jurisdictions; and
    2. Prepare traffic accident reports and issue any related traffic citations.
  3. Persons employed under this section shall not carry firearms or take any other official law enforcement action except as prescribed by this section.
    1. Persons performing law enforcement duties pursuant to this section shall complete all training and meet all minimum standards prescribed by the commission for the exercise of that authority.
    2. However, the division and cities of the first class may establish more stringent training requirements.

History. Acts 1995, No. 910, § 1; 2001, No. 250, § 1; 2003, No. 1111, § 1; 2007, No. 137, § 1; 2019, No. 315, § 853; 2019, No. 910, §§ 5814-5816.

Publisher's Notes. Former § 12-9-110, concerning the Advisory Board on Law Enforcement Standards and Training, was repealed by Acts 1989, No. 25 § 3. The former section was derived from Acts 1975, No. 452, §§ 3, 4; 1981, No. 45, § 7; A.S.A. 1947, §§ 42-701.1, 42-1002, 42-1003.

Amendments. The 2007 amendment, in (b), substituted “Municipal police departments of cities” for “Cities” and Arkansas Commission on Law Enforcement Standards and Training” for “commission”; and added “and issue any related traffic citations” at the end of (b)(2).

The 2019 amendment by No. 315 substituted “rule” for “regulation” in (a).

The 2019 amendment by No. 910 substituted “Division of Arkansas State Police” for “Department of Arkansas State Police” in (a) and (b); and “division” for “department” in (d)(2).

12-9-111. Uniforms.

  1. The Arkansas Commission on Law Enforcement Standards and Training is exempt from § 19-6-109(c) for the purpose of buying uniforms for students and law enforcement officers employed by the Division of Law Enforcement Standards and Training.
  2. The amount spent for the purchase of uniforms under subsection (a) of this section in any one (1) year is limited to forty thousand dollars ($40,000).

History. Acts 1999, No. 1022, § 7; 2017, No. 497, § 8; 2018, No. 202, § 9; 2019, No. 910, § 5817.

Amendments. The 2017 amendment added “and law enforcement officers employed by the commission” at the end of (a).

The 2018 amendment, in (a), deleted “After seeking prior review by the Legislative Council or Joint Budget Committee and approval by the Chief Fiscal Officer of the State” from the beginning and substituted “is” for “shall be”; and, in (b), inserted “under subsection (a) of this section” and substituted “is” for “shall be”.

The 2019 amendment substituted “Division of Law Enforcement Standards and Training” for “commission” in (a).

Effective Dates. Acts 2018, No. 202, § 12: July 1, 2018.

12-9-112. County sheriff as law enforcement officer.

A former county sheriff of a county who has served as county sheriff within that county for at least eight (8) years and who meets all minimum hiring standards prescribed by the Arkansas Commission on Law Enforcement Standards and Training is qualified to be employed as a law enforcement officer with a municipality, county, or state board.

History. Acts 1999, No. 1472, § 2; 2015, No. 1045, § 1.

Amendments. The 2015 amendment substituted “eight (8) years” for “ten (10) years”, inserted “and who meets all minimum hiring standards prescribed by the Arkansas Commission on Law Enforcement Standards and Training”, substituted “is qualified” for “shall be deemed qualified”, and substituted “with a municipality, county, or state board” for “for any municipality located within that county, notwithstanding any law or regulation to the contrary”.

Cross References. Selection and training requirements — Exceptions, § 12-9-106.

12-9-113. Domestic violence training.

    1. In accordance with the certification requirements of the Arkansas Commission on Law Enforcement Standards and Training for law enforcement officers, all new law enforcement officers in the State of Arkansas shall complete at least twenty (20) hours of training in domestic violence and twenty (20) hours of training in child abuse.
    2. Practicum training will also be sufficient for this requirement.
  1. Pertaining to domestic abuse, the topics that shall be covered are:
    1. The dynamics of domestic abuse;
    2. The Domestic Abuse Act of 1991, § 9-15-101 et seq.;
    3. Domestic abuse victim interview techniques;
    4. Supportive services available; and
    5. Pro-arrest guidelines and drawbacks of dual arrest and practices to promote the safety of officers.
  2. Pertaining to child abuse victim interview techniques, the topics that shall be covered are:
    1. Current law, including the Child Maltreatment Act, § 12-18-101 et seq., and the Arkansas Juvenile Code of 1989, § 9-27-301 et seq.;
    2. Child sexual abuse; and
    3. Physical and behavioral indicators.

History. Acts 2001, No. 1452, § 1; 2009, No. 758, § 22.

A.C.R.C. Notes. As enacted, subdivision (a)(1) contained the phrase “effective September 1, 2001” immediately preceding “all new law enforcement officers.”

Acts 2009, No. 758, § 29, provided:

“Contingent Effectiveness. This act shall not become effective unless an act of the Eighty-Seventh General Assembly repealing the Arkansas Child Maltreatment Act, § 12-12-501 et seq., and enacting a new Child Maltreatment Act, § 12-18-101 et seq., becomes effective.”

The contingency in Acts 2009, No. 758, § 29, was met by Acts 2009, No. 749.

Amendments. The 2009 amendment substituted “Child Maltreatment Act, § 12-18-101 et seq.” for “Arkansas Child Maltreatment Act, § 12-12-501 et seq.” in (c)(1).

12-9-114. Training concerning sexual assaults.

    1. The Arkansas Commission on Law Enforcement Standards and Training shall require all law enforcement officers to complete a minimum of twenty (20) hours of training concerning sexual assaults as a part of the basic police training course curriculum.
    2. Practicum training will be sufficient for this requirement.
  1. At a minimum, the training shall cover the following topics:
    1. The dynamics of sexual assault;
    2. The laws concerning sexual assault;
    3. Sexual assault victim interview techniques; and
    4. Support services available to sexual assault victims.

History. Acts 2003, No. 509, § 1.

Cross References. Sexual offenses, § 5-14-101 et seq.

Case Notes

Scope of Duty to Train.

This section did not impose a duty on a county to train its officers not to sexually assault detainees. First, the statute did not create a duty for the county to train its officers on the laws concerning sexual assault and instead mandated that the subject be included in basic training, and second, even if the statute did imply that the county had a duty to ensure its officers were trained on the laws concerning sexual assault, that obligation did not require that the county train its officers not to violate those laws, nor did it require that officers be trained on which violations constituted felonies. Parrish v. Ball, 594 F.3d 993 (8th Cir. 2010).

12-9-115. Training for constables.

After consultation with the Arkansas Constables Association, Inc., the Division of Law Enforcement Standards and Training shall develop and certify a training course of one hundred ten (110) hours to one hundred sixty (160) hours for constables in accordance with § 14-14-1314.

History. Acts 2007, No. 841, § 3; 2017, No. 497, § 9; 2019, No. 910, § 5818.

Amendments. The 2017 amendment inserted “and certify”, substituted “one hundred ten (110)” for “one hundred twenty (120)”, and substituted “for constables in accordance with § 14-14-1314” for “for certifying new constables”.

The 2019 amendment substituted “Division of Law Enforcement Standards and Training” for “Arkansas Commission on Law Enforcement Standards and Training”.

Cross References. Access to criminal history records, § 12-12-211.

Constable training requirements and uniform requirements, § 14-14-1314.

12-9-116. Persons with disabilities training.

    1. In accordance with the certification requirements of the Arkansas Commission on Law Enforcement Standards and Training for law enforcement officers, all law enforcement officers in the state shall complete additional continuing education and training as needed relating to persons with disabilities in a law enforcement context.
    2. Practicum training shall also be sufficient for the requirement under subdivision (a)(1) of this section.
  1. Training under subsection (a) of this section shall include without limitation:
    1. The dynamics of relating to a person with a disability;
    2. Interview techniques;
    3. Available supportive services; and
    4. Pro-arrest guidelines and drawbacks of dual arrest and practices to promote the safety of law enforcement officers.

History. Acts 2011, No. 1199, § 1.

12-9-117. Award of pistol upon retirement or death of a certified law enforcement officer employed by the division.

  1. When a certified law enforcement officer employed by the Division of Law Enforcement Standards and Training or a state-funded law enforcement training academy retires from service or dies while still employed with the division or the state-funded law enforcement training academy, in recognition of and appreciation for the service of the retiring or deceased certified law enforcement officer, the division or the state-funded law enforcement training academy may award the pistol carried by the certified law enforcement officer at the time of his or her death or retirement from service to:
    1. The certified law enforcement officer; or
    2. The certified law enforcement officer's spouse if the spouse is eligible under applicable state and federal laws to possess a firearm.
    1. A certified law enforcement officer employed by the division or a state-funded law enforcement training academy may retain his or her pistol he or she carried at the time of his or her retirement from service.
    2. If the certified law enforcement officer dies while he or she is employed by the division or a state-funded law enforcement training academy, his or her spouse may receive or retain the pistol carried by the certified law enforcement officer at the time of his or her death, if the spouse is eligible under applicable state and federal laws to possess a firearm.

History. Acts 2015, No. 391, § 1; 2017, No. 183, § 1; 2017, No. 845, § 1; 2019, No. 910, § 5819.

A.C.R.C. Notes. Acts 2015, No. 391, § 2, provided: “Applicability. This act applies to a certified law enforcement officer who retired or died on or after January 1, 2014.”

Pursuant to Acts 2017, No. 845, § 6, this section is set out as amended by Acts 2017, No. 183, § 1. Acts 2017, No. 845, § 1, would have repealed subsection (b) of this section.

Acts 2017, No. 845, § 6, provided: “CONSTRUCTION AND LEGISLATIVE INTENT.

It is the intent of the General Assembly that:

“(1) The enactment and adoption of this act shall not expressly or impliedly repeal an act passed during the regular session of the Ninety-First General Assembly;

“(2) To the extent that a conflict exists between an act of the regular session of the Ninety-First General Assembly and this act:

“(A) The act of the regular session of the Ninety-First General Assembly shall be treated as a subsequent act passed by the General Assembly for the purpose of:

“(i) Giving the act of the regular session of the Ninety-First General Assembly its full force and effect; and

“(ii) Amending or repealing the appropriate parts of the Arkansas Code of 1987; and

“(B) Section 1-2-107 shall not apply; and

“(3) This act shall make only technical, not substantive, changes to the Arkansas Code of 1987.”

Amendments. The 2017 amendment by No. 183 inserted “or a state-funded law enforcement training academy” and similar language throughout the section.

The 2017 amendment by No. 845 deleted the (a) designation and deleted (b).

The 2019 amendment substituted “division” for “commission” in the section heading and throughout the section; and substituted “Division of Law Enforcement Standards and Training” for “Arkansas Commission on Law Enforcement Standards and Training” in the introductory language of (a).

12-9-118. New or inactive law enforcement agency — Approval by commission required — Definition.

  1. As used in this section, “inactive law enforcement agency” means a law enforcement agency that existed and operated under a state law or local ordinance in the past but that currently does not exist or has not operated for at least one (1) year.
  2. The chief executive officer of an entity authorized by law to create a new law enforcement agency or reactivate an inactive law enforcement agency shall appear before the Arkansas Commission on Law Enforcement Standards and Training to request the creation of the new law enforcement agency or reactivation of the inactive law enforcement agency and present the law and documentation regarding:
    1. The funding mechanism, funding source or sources, and current budget proposal for the law enforcement agency;
    2. The proposed or enacted law enforcement agency policies, including without limitation policies regarding:
      1. Use of force;
      2. Vehicle pursuit;
      3. Professional conduct of law enforcement officers to be employed by the law enforcement agency; and
      4. Biased-based policing;
    3. The administrative structure and organizational chart of the law enforcement agency; and
    4. Any other information or documentation required by the commission.
  3. After the appearance and presentation under subsection (b) of this section, the commission shall approve or disapprove the request to create the new law enforcement agency or reactivate the inactive law enforcement agency.

History. Acts 2017, No. 378, § 1; 2019, No. 151, § 1.

Amendments. The 2019 amendment inserted “state law or” in (a); and, in the introductory language of (b), substituted “by law” for “by ordinance” and “the law and” for “the ordinance and”.

12-9-119. Behavioral health crisis intervention training.

    1. In accordance with the certification requirements of the Arkansas Commission on Law Enforcement Standards and Training for law enforcement officers, a law enforcement officer enrolled in a commission-certified basic police training academy shall complete at least sixteen (16) hours of training relating to behavioral health crisis intervention in a law enforcement context.
    2. Practicum training is sufficient for the requirement under subdivision (a)(1) of this section.
  1. Training under subsection (a) of this section shall include without limitation:
    1. The dynamics of relating to an individual:
      1. With a behavioral health impairment as defined in § 20-47-803;
      2. Who has demonstrated a substantial likelihood of committing bodily harm against himself or herself;
      3. Who has demonstrated a substantial likelihood of committing bodily harm against another person; or
      4. Who is under the influence of alcohol or a controlled substance to the extent that the individual's judgment and decision-making process is impaired;
    2. Available mental health service providers and support services;
    3. The voluntary and involuntary commitment process;
    4. Law enforcement interaction with hospitals, mental health professionals, the judiciary, and the mental health services community; and
    5. Practices to promote the safety of law enforcement officers and the public.
  2. The commission shall certify:
    1. Specialized training for qualified law enforcement officers of at least eight (8) hours; and
      1. Crisis intervention team training of at least forty (40) hours taught over five (5) consecutive days.
      2. Crisis intervention team training under subdivision (c)(2)(A) of this section shall emphasize understanding of behavioral impairments and mental illnesses and shall incorporate the development of communication skills, practical experience, and role-playing.
      3. Participants in the crisis intervention team training under subdivision (c)(2)(A) of this section shall be introduced to mental health professionals, consumers, and family members in both the classroom and through onsite visits.
    1. A local law enforcement agency, including a county sheriff's office, but not a municipal law enforcement agency that employs less than ten (10) full-time law enforcement officers, shall employ at least one (1) law enforcement officer who has completed within eighteen (18) months of August 1, 2017, the crisis intervention team training as described under subdivision (c)(2) of this section.
    2. A local law enforcement agency, including a county sheriff's office, is encouraged to:
      1. Have at least twenty percent (20%) of the certified law enforcement officers that it employs complete the crisis intervention team training offered under subdivision (c)(2) of this section;
      2. Develop and implement a model policy addressing law enforcement response to persons affected by a behavioral impairment; and
      3. Establish a clearly defined and sustainable partnership with one (1) or more community mental health organizations.
  3. All training required under this section and the curriculum for the training shall be developed by the Division of Law Enforcement Standards and Training, in collaboration with the Criminal Justice Institute.

History. Acts 2017, No. 423, § 7; 2019, No. 910, § 5820.

Amendments. The 2019 amendment substituted “Division of Law Enforcement Standards and Training” for “commission” in (e).

12-9-120. Imposition of administrative penalties.

  1. When determining the amount of an administrative penalty assessed against a law enforcement agency or governmental entity under subsection (b) of this section for violation of a rule of the Arkansas Commission on Law Enforcement Standards and Training, the commission shall consider:
    1. The seriousness of the violation;
    2. The law enforcement agency's or governmental entity's history of violations;
    3. The amount the commission believes is necessary to deter future similar violations;
    4. Efforts made by the law enforcement agency or governmental entity to correct the violation, including the immediacy and degree of corrective action; and
    5. Any other consideration that the commission believes important.
    1. An administrative penalty may be assessed under this section in the following amounts:
      1. For appointing a person who does not meet minimum standards as a law enforcement officer, an administrative penalty of no more than one thousand dollars ($1,000); and
      2. For failing to timely submit any required appointment or separation documents, an administrative penalty of no more than three hundred fifty dollars ($350).
    2. The administrative penalties authorized under this subsection may be assessed on a per-day basis, with each day considered a separate violation.
  2. The presence of mitigating factors does not require the commission to dismiss a violation of commission rules.
    1. The Director of Law Enforcement Standards and Training may enter into an agreed-upon order concerning administrative penalties under this section with a law enforcement agency or governmental entity, subject to final approval of the commission.
    2. The agreed-upon order under subdivision (d)(1) of this section may be in an amount that differs from the amounts in subdivision (b)(1) of this section.
    1. The commission shall provide written notice to a law enforcement agency or governmental entity of an alleged violation of a rule, and the law enforcement agency or governmental entity shall respond in writing within thirty (30) days of receipt of the written notice.
    2. A law enforcement agency's or governmental entity's failure to respond within thirty (30) days of the written notice under subdivision (e)(1) of this section may result in the entry of a default order of assessment of an administrative penalty.
  3. A law enforcement agency or governmental entity may request a hearing before the commission to contest the allegations set forth in the written notice under subsection (e) of this section within thirty (30) days of receipt of the written notice.

History. Acts 2017, No. 497, § 10.

12-9-121. Additional salary payment.

    1. The Division of Law Enforcement Standards and Training may make additional salary payments from available funds to employees of the division who have attained law enforcement certification above the basic certificate level, as defined by the Division of Law Enforcement Standards and Training.
    2. The award of an additional salary payment under this section is contingent upon the:
      1. Existence of sufficient funding independent of funding specifically set aside for other programs within the division; and
      2. Discretion of the Director of the Division of Law Enforcement Standards and Training in coordination with the Secretary of the Department of Public Safety.
    1. Eligible employees of the division may be paid up to the following annual amounts for the respective certifications:
      1. General certificate — three hundred dollars ($300);
      2. Intermediate certificate — six hundred dollars ($600);
      3. Advanced certificate — nine hundred dollars ($900); and
      4. Senior certificate — one thousand two hundred dollars ($1,200).
    2. Payment of the additional salary amounts may be made monthly, quarterly, semiannually, or annually depending upon the availability of funding and is restricted to full-time law enforcement officers employed by the division.
  1. Additional salary payments made under this section are considered part of the employee's regular income and subject to all applicable withholding required by law.

History. Acts 2017, No. 631, § 1; 2019, No. 910, § 5821.

Amendments. The 2019 amendment, in (a)(1), substituted “Division of Law Enforcement Standards and Training” for “Arkansas Commission on Law Enforcement Standards and Training” near the beginning, substituted “employees of the division” for “employees of the commission”, and substituted “Division of Law Enforcement Standards and Training” for “commission” at the end; substituted “division” for “commission” in (a)(2)(A); rewrote (a)(2)(B); and substituted “division” for “commission” in the introductory language of (b)(1) and in (b)(2).

12-9-122. Controlled substance overdose identification training — Definition.

  1. As used in this section, “naloxone” means a drug that is an analgesic antagonist used in the reversal of acute respiratory depression caused by opioid use.
    1. The Arkansas Commission on Law Enforcement Standards and Training in conjunction with the Arkansas Drug Director and the Criminal Justice Institute shall develop a curriculum for law enforcement training relating to identifying the signs that a person is experiencing an overdose of a controlled substance and the ways in which a law enforcement officer can safely assist the person who has overdosed.
    2. A curriculum that is developed under subdivision (b)(1) of this section and certified by the commission shall be delivered to a student attending a basic law enforcement training course certified by the commission.
  2. Training under subsection (b) of this section shall include without limitation:
    1. The signs and symptoms of an overdose associated with the use of a controlled substance, including opioids;
    2. First-responder treatment and triage for a controlled substance overdose situation;
    3. First-responder safety considerations in a potential or actual controlled substance overdose situation; and
    4. An overview of the role of naloxone in certain opioid overdose situations.
  3. All law enforcement agencies are encouraged to develop a naloxone program by seeking assistance from the Arkansas Drug Director's office or the Criminal Justice Institute, or both.

History. Acts 2019, No. 646, § 1.

12-9-123. Missing and unidentified persons training.

    1. In accordance with the certification requirements of the Arkansas Commission on Law Enforcement Standards and Training, all law enforcement officers in the state shall complete training related to the investigation of unidentified and missing persons.
    2. Practicum training shall also be sufficient for the requirement under subdivision (a)(1) of this section.
  1. Training under subsection (a) of this section may include training conducted in conjunction with resources available through the National Missing and Unidentified Persons System.

History. Acts 2019, No. 920, § 1.

Subchapter 2 — Law Enforcement Training Academy

Cross References. Police training school, § 12-8-119.

Effective Dates. Acts 1969, No. 608, § 10: Apr. 21, 1969. Emergency clause provided: “It is hereby found and determined that the Sixty-Seventh General Assembly has, by a vote of two-thirds of the members elected to both Houses, voted to extend the regular session of the Sixty-Seventh General Assembly, as authorized in the Constitution; that under the provisions of Const., Amend. 7, enactments of the General Assembly that do not have an emergency clause do not become effective until ninety (90) days after the date of final adjournment of the General Assembly; that the extended session of the General Assembly may not adjourn in time for this act to take effect prior to July 1, 1969, thereby depriving the agency for which funds are appropriated herein of necessary operating funds to commence the next fiscal biennium; and in order that the appropriation made herein may be available on July 1, 1969, the General Assembly hereby determines that the immediate passage of this act is necessary for the maintenance and operation of the essential governmental services. Therefore, an emergency is hereby declared to exist and this act being necessary for the immediate preservation of the public peace, health, and safety shall be in full force and effect from and after its passage and approval, provided that the appropriation authorized herein shall not be available until July 1, 1969.”

Acts 1979, No. 147, § 3: Feb. 19, 1979. Emergency clause provided: “It is hereby found and determined by the General Assembly that the extent of the law enforcement authority of teaching and instruction personnel at the Arkansas Law Enforcement Training Academy is not clear under the present law; that it is essential that such personnel have broad law enforcement authority with respect to the control and protection of academy property and personnel both on and off the premises of the academy, and broad authority to cooperate with, assist and support local law enforcement officers in performing law enforcement functions; and that this act is designed to specifically give such personnel law enforcement authority and should be given effect at the earliest possible date to enable such personnel to more effectively and efficiently carry out their responsibilities. Therefore, an emergency is hereby declared to exist and this act being necessary for the immediate preservation of the public peace, health, and safety shall be in full force and effect from and after its passage and approval.”

Acts 2003, No. 1051, § 2: Apr. 3, 2003. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that full-time law enforcement instructors at Black River Technical College Law Enforcement Training Academy need access to restricted law enforcement training classes and material to ensure current skills are maintained while instructing law enforcement personnel in basic police training and other law enforcement training courses; that a delay in the implementation of this act will hamper the state's ability to provide training and certification of an adequate number of law enforcement officers; and that this act is immediately necessary because the state needs to ensure that law enforcement personnel are trained and certified in sufficient time to provide for the public safety of the citizens of the state. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2005, No. 1330, § 2: Mar. 29, 2005. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that full-time law enforcement instructors at the Arkansas Police Corps Training Program at the University of Arkansas at Little Rock need access to restricted law enforcement training classes and material to ensure that current skills are maintained while instructing law enforcement personnel in basic police training and other law enforcement training courses; and that a delay in the implementation of this act will hamper the state's ability to provide training and certification of an adequate number of law enforcement officers. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

12-9-201. Establishment.

There is established the Arkansas Law Enforcement Training Academy for the training and instruction of state, county, municipal, and other law enforcement officers.

History. Acts 1963, No. 526, § 1; 1965, No. 172, § 1; A.S.A. 1947, § 42-701.

Publisher's Notes. Acts 1981, No. 45, § 7, provided, in part, that the Arkansas Law Enforcement Training Academy, which was transferred by a type 4 transfer to the Department of Public Safety pursuant to Acts 1971, No. 38, § 14 [repealed], would be detached from that department and transferred to the Arkansas Commission on Law Enforcement Standards and Training, which commission would succeed to all powers, functions, and duties of the Arkansas Law Enforcement Training Academy and the Arkansas Law Enforcement Training Academy Board. It further provided that all the property, equipment, personnel, and funds of the Law Enforcement Training Academy Division of the Department of Public Safety (abolished by Acts 1981, No. 45, § 1) would be transferred to, and thereafter administered by, the Arkansas Commission on Law Enforcement Standards and Training and that the act should not be construed so as to reduce any right which an employee of the Law Enforcement Training Academy would have under any civil service or merit system.

12-9-202. Location of academy.

The Arkansas Law Enforcement Training Academy shall be located at a place which, in the opinion of the Director of the Division of Law Enforcement Standards and Training, will serve the best interests of the state in the carrying out of the intent and purposes of this subchapter.

History. Acts 1963, No. 526, § 3; 1965, No. 172, § 2; A.S.A. 1947, § 42-703; Acts 2019, No. 910, § 5822.

Amendments. The 2019 amendment substituted “Director of the Division of Law Enforcement Standards and Training” for “Arkansas Commission on Law Enforcement Standards and Training”.

12-9-203. Acceptance of gifts, grants, etc. — Disposition.

  1. The Division of Law Enforcement Standards and Training may accept gifts, grants, donations, equipment and materials, and bequests of money or gratuities donated by private persons or corporations.
  2. All moneys received under subsection (a) of this section shall be deposited into the Arkansas Law Enforcement Training Academy Cash Fund.

History. Acts 1969, No. 608, § 7; 2017, No. 497, § 11; 2019, No. 910, § 5823.

Amendments. The 2017 amendment substituted “The Arkansas Commission on Law Enforcement Standards and Training may” for “The Arkansas Law Enforcement Training Academy is granted authority to” in (a); and, in (b), substituted “All moneys received under subsection (a) of this section” for “All such money so received” and “Arkansas Law Enforcement Training Academy Cash Fund” for “State Treasury to the credit of the Miscellaneous Agencies Fund Account of the State General Government Fund”.

The 2019 amendment substituted “Division of Law Enforcement Standards and Training” for “Arkansas Commission on Law Enforcement Standards and Training” in (a).

12-9-204. Arkansas Commission on Law Enforcement Standards and Training — Law enforcement powers.

  1. The following persons are classified and designated as law enforcement officers after meeting minimum qualifications for law enforcement officers' certification as established by the Arkansas Commission on Law Enforcement Standards and Training:
    1. The Director of the Division of Law Enforcement Standards and Training;
    2. Employees of the Division of Law Enforcement Standards and Training appointed by the Director of the Division of Law Enforcement Standards and Training as law enforcement officers;
    3. The Director of the Black River Technical College Law Enforcement Training Academy; and
    4. Instructors of the Black River Technical College Law Enforcement Training Academy.
    1. The personnel described in subsection (a) of this section have all authority and functions of other law enforcement officers in the State of Arkansas.
    2. The personnel described in subsection (a) of this section have general law enforcement authority to cooperate with, assist, and support local law enforcement officers in all law enforcement activities and functions.
  2. The personnel described in subsection (a) of this section shall:
    1. Be credited with service toward maintaining and increasing certification levels for time employed at the Arkansas Commission on Law Enforcement Standards and Training or the division and the Black River Technical College Law Enforcement Training Academy; and
    2. Receive credit for years of law enforcement service for time employed at the commission or the division, the Arkansas Police Corps Program at the University of Arkansas at Little Rock, or the Black River Technical College Law Enforcement Training Academy upon employment as law enforcement officers elsewhere in the State of Arkansas.
  3. The personnel described in subsection (a) of this section:
    1. Are not qualified to enroll in a different retirement system because of their classification and designation as law enforcement officers; and
    2. Shall not qualify for any benefit enhancement other than that available under their current retirement system.

History. Acts 1979, No. 147, § 1; A.S.A. 1947, § 42-708; Acts 1995, No. 365, § 1; 2003, No. 1051, § 1; 2005, No. 1330, § 1; 2017, No. 497, § 12; 2019, No. 910, §§ 5824, 5825.

Amendments. The 2005 amendment inserted “the Arkansas Police Corps Training Program at the University of Arkansas at Little Rock” in (a), (c)(2) and (d).

The 2017 amendment substituted “Arkansas Commission on Law Enforcement Standards and Training” for “Academy instructors” in the section heading; rewrote (a); substituted “described in subsection (a) of this section have” for “shall have and exercise” in (b)(1); substituted “described in subsection (a) of this section” for “shall” in (b)(2); inserted “described in subsection (a) of this section” in the introductory language of (c); substituted “commission” for “Arkansas Law Enforcement Training Academy” in (c)(1) and (c)(2); and rewrote (d).

The 2019 amendment substituted “Director of the Division of Law Enforcement Standards and Training” for “Director of Law Enforcement Standards and Training” in (a)(1); rewrote (a)(2); and substituted “Arkansas Commission on Law Enforcement Standards and Training or the division” for “commission” in (c)(1); and inserted “or the division” in (c)(2).

12-9-205. [Repealed.]

Publisher's Notes. This section, concerning approval of applications, was repealed by Acts 2017, No. 497, § 13. The section was derived from Acts 1963, No. 526, § 2; A.S.A. 1947, § 42-702.

12-9-206. Expenses furnished by academy — Exceptions.

  1. The Arkansas Law Enforcement Training Academy shall furnish, without cost to applicants, the necessary food, lodging, laundry, and other necessary expenses while attending the academy.
    1. However, the salary of applicants and the necessary transportation cost in traveling to and from the academy shall be paid by the municipality or county in which employed.
    2. The travel expenses of a constable in attending the academy may be paid by the county.

History. Acts 1963, No. 526, § 5; A.S.A. 1947, § 42-705; Acts 2011, No. 561, § 1.

Amendments. The 2011 amendment substituted “may” for “shall” in (b)(2).

12-9-207. Newly elected or unopposed candidates for county sheriff.

  1. A newly elected county sheriff or unopposed candidate for the position of county sheriff may attend a state-funded law enforcement training academy for purposes of training and instruction.
  2. The county in which the newly elected county sheriff or unopposed candidate for the position of county sheriff is to be employed shall pay any necessary transportation costs in traveling to and from the state-funded law enforcement training academy.

History. Acts 1975, No. 183, §§ 1, 2; A.S.A. 1947, §§ 42-706, 42-707; Acts 2017, No. 183, § 2.

Amendments. The 2017 amendment rewrote the section.

12-9-208. State Capitol Police — Training course.

All members of the State Capitol Police shall satisfactorily complete the training course for law enforcement officers at the Arkansas Law Enforcement Training Academy within nine (9) months of their hire date or any extension granted by the Arkansas Commission on Law Enforcement Standards and Training.

History. Acts 1987, No. 468, § 1; 2017, No. 497, § 14.

Amendments. The 2017 amendment substituted “nine (9)” for “twelve (12)” preceding “months” and added “or any extension granted by the Arkansas Commission on Law Enforcement Standards and Training”.

Cross References. Secretary of State, powers and duties generally, § 25-16-403.

12-9-209. Reimbursement for training costs.

    1. If a county, city, town, or state agency pays the cost or expenses for training a law enforcement officer at a state-funded law enforcement training academy and another county, city, town, or state agency employs that law enforcement officer within eighteen (18) months after completion of the training in a position requiring a certificate of training from the state-funded law enforcement training academy, the county, city, town, or state agency so employing the law enforcement officer, at the time of employing the law enforcement officer, shall reimburse the county, city, town, or state agency for all or a portion of the expenses incurred by the county, city, town, or state agency for the training of the law enforcement officer at the state-funded law enforcement training academy, unless the law enforcement officer has been terminated by the county, city, town, or state agency that paid the costs or expenses of training, in which case no reimbursement is required from the county, city, town, or state agency hiring the law enforcement officer.
    2. Reimbursement may be sought only from the first county, city, town, or state agency that employed the law enforcement officer after the county, city, town, or state agency paid the costs or expenses of training.
    3. Reimbursement shall include any salary, travel expenses, food, lodging, or other costs required to be paid by the county, city, town, or state agency, as follows:
      1. If the person is employed within two (2) months after completion of the training, the employing agency shall reimburse the total cost of the training;
      2. If the person is employed more than two (2) months but not more than six (6) months after completion of the training, the employing agency shall reimburse eighty percent (80%) of the cost of the training;
      3. If the person is employed more than six (6) months but not more than ten (10) months after completion of the training, the employing agency shall reimburse sixty percent (60%) of the cost of the training;
      4. If the person is employed more than ten (10) months but not more than fourteen (14) months after completion of the training, the employing agency shall reimburse forty percent (40%) of the cost of the training; or
      5. If the person is employed more than fourteen (14) months but not more than eighteen (18) months after completion of the training, the employing agency shall reimburse twenty percent (20%) of the cost of the training.
    1. If any county, city, town, or state agency which employs an officer whose training expense was paid by another county, city, town, or state agency fails to make reimbursement for the expenses as required in subsection (a) of this section, the county, city, town, or state agency entitled to reimbursement shall notify the Treasurer of State.
    2. The Treasurer of State shall then withhold the amount of the reimbursement due for training the officer from the county or municipal aid of the employing county, city, town, or state agency or from funds appropriated to the employing state agency and shall remit the amount to the county, city, town, or state agency which is entitled to the reimbursement under the provisions of this section.

History. Acts 1987, No. 880, §§ 1, 2; 1993, No. 191, § 1; 2017, No. 183, § 3; 2019, No. 151, § 2.

Amendments. The 2017 amendment rewrote (a)(1) and (a)(2).

The 2019 amendment deleted “Counties, cities, etc.” from the beginning of the section heading; inserted “or state agency” throughout the section; and made stylistic changes.

12-9-210. Designated law enforcement agencies.

The Division of Law Enforcement Standards and Training and the Black River Technical College Law Enforcement Training Academy are designated as law enforcement agencies.

History. Acts 2011, No. 272, § 1; 2017, No. 497, § 15; 2019, No. 910, § 5826.

Amendments. The 2017 amendment deleted the (a) designation; substituted “The Arkansas Commission on Law Enforcement Standards and Training” for “The Arkansas Law Enforcement Training Academy”; and deleted former (b).

The 2019 amendment substituted “Division of Law Enforcement Standards and Training” for “Arkansas Commission on Law Enforcement Standards and Training”.

12-9-211. Private college or university law enforcement officers.

  1. A law enforcement officer for a private college or university is permitted to attend the Arkansas Law Enforcement Training Academy for training and instruction.
  2. The private college or university for which the law enforcement officer is employed shall:
    1. Pay any necessary transportation cost in traveling to and from the academy; and
    2. Reimburse the Division of Law Enforcement Standards and Training for any cost associated with the private college or university law enforcement officer's training or instruction at the academy.

History. Acts 2013, No. 227, § 2; 2019, No. 910, § 5827.

Amendments. The 2019 amendment substituted “Division of Law Enforcement Standards and Training” for “Arkansas Commission on Law Enforcement Standards and Training” in (b)(2).

Cross References. Law enforcement agencies for private colleges and universities, § 12-20-101 et seq.

Subchapter 3 — Auxiliary Law Enforcement Officers

Effective Dates. Acts 1983, No. 757, § 11: Mar. 24, 1983. Emergency clause provided: “It is hereby found and determined by the General Assembly that the use and authority of persons appointed by the law enforcement agency director, chief, or sheriff and who are known by such terms as voluntary, auxiliary, reserves, voluntary officers, mounted patrol, etc., are important to the health, safety, and welfare of the people of this state. There is no statutory authority to regulate the appointment and training, the supervision or the authority of the auxiliary law enforcement officer. Therefore, an emergency is declared to exist and this act being necessary for the protection of the public peace, health, and safety, shall be in full force and effect from and after its passage and approval.”

Acts 1987, No. 275, § 3: Mar. 17, 1987. Emergency clause provided: “Whereas, Section 8 of Act 757 of 1983 as presently written is in conflict with other state laws which provide tort immunity for Arkansas local governments and their employees, volunteer firemen and auxiliary police and this act will conform to other existing laws and should be given effect immediately. Therefore, an emergency is hereby declared to exist and this act being necessary for the preservation of the public peace, health, and safety shall be in full force and effect from and after its passage and approval.”

Acts 1994 (2nd Ex. Sess.), No. 12, § 6: Aug. 22, 1994. Emergency clause provided: “It is hereby found and determined by the General Assembly that under present law auxiliary law enforcement officers may not receive compensation for their services; that this restriction is unreasonable and makes it impossible for political subdivisions to engage the services of such officers; that in some rural areas, there is a severe shortage of law enforcement officers and some political subdivisions in such areas are desirous of engaging the services of auxiliary law enforcement officers to perform certain specific functions; that this act is designed to remove the restriction on compensation of auxiliary law enforcement officers to enable local political subdivisions to engage the services of such officers and should be given effect immediately. Therefore, an emergency is hereby declared to exist and this act being necessary for the preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

12-9-301. Definitions.

As used in this subchapter:

  1. “Auxiliary law enforcement officer” means a person who meets the minimum standards and training requirements prescribed for auxiliary law enforcement officers by law and rules, and who is appointed by a political subdivision or a law enforcement agency as a reserve officer, but does not include any law enforcement officer or deputy county sheriff employed by a planned community property owners' association;
  2. “Commission” means the Arkansas Commission on Law Enforcement Standards and Training as established by § 12-9-103;
  3. “Direct supervision” means having a designated on-duty, full-time certified law enforcement officer responsible for the direction, conduct, and performance of the auxiliary law enforcement officer when that auxiliary law enforcement officer is working an assigned duty, but does not mean that the full-time certified law enforcement officer must be in the physical presence of the auxiliary law enforcement officer when the auxiliary law enforcement officer is working an assigned duty;
  4. “Honorary police officer” means any person having no law enforcement authority except as a private citizen;
  5. “Law enforcement agency” means any police force or organization whose primary responsibility as established by statute or ordinance is the enforcement of the criminal, traffic, or highway laws of this state;
  6. “Law enforcement officer” means any appointed law enforcement officer or county sheriff who is responsible for the prevention and detection of crime and the enforcement of the criminal, traffic, or highway laws of this state;
  7. “Part-time law enforcement officer” means, as applied to employment and training requirements, a law enforcement officer who works twenty-four (24) hours per week or less and receives a salary from the employing law enforcement agency; and
  8. “Political subdivision” means any county, municipality, township, or other specific local unit of general government.

History. Acts 1983, No. 757, § 1; A.S.A. 1947, § 42-1401; Acts 1994 (2nd Ex. Sess.), No. 12, § 1; 2017, No. 497, § 16; 2019, No. 151, § 3.

Amendments. The 2017 amendment, in (1), substituted “auxiliary law enforcement officers” for “such officers” and “rules” for “regulations”, deleted “volunteer officer, or mounted patrol” following “reserve officer”, and inserted “law enforcement” following “but does not include any”.

The 2019 amendment substituted “a law enforcement officer who works twenty-four (24) hours per week or less and receives” for “any officer working less than twenty (20) hours per week and receiving” in (7).

Research References

Ark. L. Rev.

Thomas Christoph Keller, Comment: ABC's and AR-15's: Arming Arkansas's Teachers, 67 Ark. L. Rev. 687 (2014).

Case Notes

Direct Supervision.

The physical presence of a supervising officer is not required at the scene of an arrest made by an auxiliary officer. McAfee v. State, 290 Ark. 446, 720 S.W.2d 307 (1986); Turnbull v. State, 22 Ark. App. 18, 731 S.W.2d 794 (1987).

Direct supervision of an auxiliary law enforcement officer can be provided by radio contact. Turnbull v. State, 22 Ark. App. 18, 731 S.W.2d 794 (1987).

Auxiliary officer was acting under the direct supervision of his supervisor even though the superior was not on duty, where both the officer and his superior were aware of each other's whereabouts at the time of an arrest, and the officer, pursuant to his superior's instructions, phoned the superior from the police station and received further instructions from the superior as to how he should proceed in handling the situation. Martindill v. State, 40 Ark. App. 16, 839 S.W.2d 545 (1992).

12-9-302. Arkansas Commission on Law Enforcement Standards and Training — Powers and duties.

In addition to the powers conferred upon the Arkansas Commission on Law Enforcement Standards and Training in §§ 12-9-10412-9-107, the commission shall have power to:

  1. Promulgate rules for the administration of this subchapter;
  2. Require the submission of reports and information by law enforcement agencies within this state;
    1. Establish minimum selection and training standards for admission to appointment as an auxiliary law enforcement officer. The standards may take into account different requirements for urban and rural areas.
    2. However, the minimum selection and training standards for admission to appointment may not exceed those required for part-time law enforcement officers;
  3. Establish minimum curriculum requirements for preparatory, in-service, and advanced courses and programs of schools operated by and for the training of auxiliary law enforcement officers;
  4. Consult and cooperate with counties, municipalities, agencies of this state, other governmental agencies, and with universities, colleges, junior colleges, community colleges, and other institutions or organizations concerning the development of police training schools and programs or courses of instruction;
  5. Approve institutions and facilities to be used by or for the state or any political subdivision thereof for the specific purpose of training law enforcement officers and recruits;
  6. Exclude auxiliary law enforcement officers from the full-time basic training classes sponsored and supported by the commission;
  7. Adopt rules and minimum standards for such schools which shall include, but not be limited to, establishing minimum:
    1. Basic training requirements which an auxiliary law enforcement officer must satisfactorily complete before being eligible for appointment;
    2. Course attendance and equipment requirements; and
    3. Requirements for instructors;
  8. Conduct review of agency records to assist any department head in complying with the provisions of this subchapter;
  9. Adopt and amend bylaws, consistent with law, for its internal management and control; and
  10. Enter into contracts or do such things as may be necessary and incidental to the administration of this subchapter.

History. Acts 1983, No. 757, § 2; A.S.A. 1947, § 42-1402; Acts 2017, No. 497, § 17; 2019, No. 315, § 854.

Amendments. The 2017 amendment, in (7), inserted “the full-time basic” and substituted “commission” for “Arkansas Law Enforcement Training Academy”.

The 2019 amendment deleted “and regulations” following “rules” in (1).

12-9-303. Authority of officers.

  1. An auxiliary law enforcement officer shall have the authority of a police officer as set forth by statutes of this state when the auxiliary law enforcement officer is performing an assigned duty and is under the direct supervision of a full-time certified law enforcement officer.
  2. When not performing an assigned duty and when not working under the direct supervision of a full-time certified law enforcement officer, an auxiliary law enforcement officer shall have no authority other than that of a private citizen.
  3. An auxiliary law enforcement officer, when not working under the direct supervision of a full-time certified law enforcement officer, may perform tasks such as traffic direction, parade functions, etc., that are clearly not law enforcement functions and are assigned by the law enforcement agency.
  4. Nothing in this subchapter shall be construed as defining an auxiliary law enforcement officer as a full-time certified law enforcement officer, a part-time certified law enforcement officer, or a specialized certified officer as defined by §§ 12-9-101, 12-9-102, 12-9-104 — 12-9-109, and the Arkansas Commission on Law Enforcement Standards and Training.

History. Acts 1983, No. 757, § 5; A.S.A. 1947, § 42-1405.

Research References

Ark. L. Rev.

Thomas Christoph Keller, Comment: ABC's and AR-15's: Arming Arkansas's Teachers, 67 Ark. L. Rev. 687 (2014).

Case Notes

Auxiliary Officer.

The physical presence of a supervising officer is not required at the scene of an arrest made by an auxiliary officer. McAfee v. State, 290 Ark. 446, 720 S.W.2d 307 (1986); Turnbull v. State, 22 Ark. App. 18, 731 S.W.2d 794 (1987).

The presence of a second officer, who was a full-time, certified officer, did not make the arrest by the auxiliary law enforcement officer lawful. McAfee v. State, 290 Ark. 446, 720 S.W.2d 307 (1986).

To require that the designated supervising officer be speaking to the auxiliary officer during the arrest process would constitute an unreasonable interpretation of subsection (a) of this section. McAfee v. State, 290 Ark. 446, 720 S.W.2d 307 (1986).

Direct Supervision.

Auxiliary officer was acting under the direct supervision of his supervisor even though the superior was not on duty, where both the officer and his superior were aware of each other's whereabouts at the time of the arrest, and the officer phoned the superior from the police station and received further instructions from the superior as to how he should proceed in handling the situation. Martindill v. State, 40 Ark. App. 16, 839 S.W.2d 545 (1992).

On Duty.

Neither subsection (a) nor (b) contains language that requires that the auxiliary officer be “on duty” before he or she could be authorized and activated to perform law enforcement functions. Martin v. State, 327 Ark. 38, 936 S.W.2d 75 (1997).

Unsupervised Deputies.

Where defendant was arrested and issued citation for a misdemeanor by two unsupervised auxiliary deputies, defendant could not be tried or convicted of the offense because unsupervised auxiliary deputies lacked authority to lawfully charge defendant with a misdemeanor offense. Brewer v. State, 286 Ark. 1, 688 S.W.2d 736 (1985).

Cited: King v. State, 304 Ark. 592, 804 S.W.2d 360 (1991); Jones v. Parrish, 330 Ark. 521, 954 S.W.2d 934 (1997).

12-9-304. Appointment and training requirements.

    1. A person shall not function as an auxiliary law enforcement officer until the minimum standards for appointment and training requirements have been completed.
    2. An auxiliary law enforcement officer who has not met the minimum standards for appointment and training requirements shall have no law enforcement authority except that which is authorized for a private citizen.
  1. All persons who are serving as auxiliary law enforcement officers prior to March 24, 1983, are exempt from meeting the appointment requirements.
  2. The training requirements for auxiliary law enforcement officers shall be established by the Arkansas Commission on Law Enforcement Standards and Training, and the basic training course shall not exceed the part-time law enforcement officers' training requirements.
  3. Honorary police officers are exempt from the provisions of this subchapter.
  4. The commission may issue a certificate evidencing satisfactory completion of the requirements of this subchapter when evidence is submitted by the law enforcement agency director, chief, or county sheriff that the auxiliary law enforcement officer has met the training and selection requirements.
    1. The appointing law enforcement agency shall provide not less than one hundred ten (110) hours of commission-approved law enforcement training, which shall include a firearms qualification course equivalent to the firearms qualification requirements for a full-time law enforcement officer, and an auxiliary law enforcement officer shall not bear a firearm until having successfully completed the commission-approved law enforcement training.
    2. An auxiliary law enforcement officer is not required to requalify for firearms qualification beyond what a full-time law enforcement officer is required to complete for requalification for the purposes of carrying a concealed handgun while the auxiliary law enforcement officer remains appointed as an auxiliary law enforcement officer.
  5. Nothing in this section shall be construed to preclude any law enforcement agency from establishing qualifications and standards for appointing and training of auxiliary law enforcement officers that exceed those set by this subchapter or by the commission.
  6. Any auxiliary law enforcement officer failing to meet the training requirements as set forth in this subchapter shall lose his or her appointment as auxiliary law enforcement officer and shall not be reappointed until training requirements have been met.
  7. No person may be appointed or serve as an auxiliary law enforcement officer if the person has been convicted by a state or by the federal government of a crime, the punishment for which could have been imprisonment in a federal penitentiary or a state prison.
  8. Every person appointed or serving as an auxiliary law enforcement officer shall be a citizen of the United States and shall be at least twenty-one (21) years of age.

History. Acts 1983, No. 757, § 4; A.S.A. 1947, § 42-1404; Acts 2017, No. 497, § 18; 2017, No. 957, § 3; 2019, No. 151, § 4.

Amendments. The 2017 amendment by No. 497, in (f) [now (f)(1)], substituted “The appointing law enforcement agency shall provide” for “It shall be the responsibility of the appointing law enforcement agency to provide or have provided”, substituted “one hundred ten (110)” for “one hundred (100)”, inserted “commission-approved law enforcement” preceding the last occurrence of “training”, and made stylistic changes.

The 2017 amendment by No. 957 redesignated former (f) as (f)(1) and added (f)(2).

The 2019 amendment substituted “A person shall not function” for “No person shall be appointed” in (a)(1); and, in (a)(2), substituted “An” for “Any” and “the minimum standards for appointment and training” for “these”.

12-9-305. Failure to meet standards — Actions by private citizens.

  1. An auxiliary law enforcement officer who does not meet the standards and qualifications set forth in this subchapter or any made by the Arkansas Commission on Law Enforcement Standards and Training shall not take any official action as a law enforcement officer and any action taken shall be held as invalid.
    1. Nothing in this subchapter or any requirement made by the commission shall prevent any action by a private citizen that is now authorized by law.
    2. No provision of this subchapter shall affect the deputizing of a private citizen by a law enforcement officer in a time of a disaster or emergency.

History. Acts 1983, No. 757, § 3; A.S.A. 1947, § 42-1403.

Case Notes

Unsupervised Deputies.

Where defendant was arrested and issued a citation for a misdemeanor by two unsupervised auxiliary deputies, defendant could not be tried or convicted of the offense because unsupervised auxiliary deputies lacked authority to lawfully charge defendant with a misdemeanor offense. Brewer v. State, 286 Ark. 1, 688 S.W.2d 736 (1985).

Cited: Pipes v. State, 22 Ark. App. 235, 738 S.W.2d 423 (1987).

12-9-306. Number restricted.

    1. A political subdivision may appoint auxiliary law enforcement officers equal to the larger number of:
      1. Two (2) auxiliary law enforcement officers for each full-time certified law enforcement officer employed by the appointing law enforcement agency; or
      2. One (1) auxiliary law enforcement officer for each one thousand (1,000) persons in the political subdivision as determined by the latest official census.
      1. However, if due to special or unusual problems or circumstances, any political subdivision has a need for a greater number of auxiliary law enforcement officers than is authorized in subdivision (a)(1)(A) or subdivision (a)(1)(B) of this section, the political subdivision may make a request to the Arkansas Commission on Law Enforcement Standards and Training for the additional auxiliary law enforcement officers.
      2. Each request under subdivision (a)(2)(A) of this section shall state the special or unusual problems involved which justify the request, the number of additional auxiliary law enforcement officers requested, and such other information as the commission may require.
      3. If the commission finds that the public interest will best be served by allowing the political subdivision to appoint the additional auxiliary law enforcement officers requested, the commission may grant the request under subdivision (a)(2)(A) of this section.
  1. Honorary police officers without law enforcement authority are not restricted in number by this section.
  2. The limitation concerning the number of auxiliary law enforcement officers allowed to be appointed by a law enforcement agency under this section does not apply to additional auxiliary law enforcement officers appointed by political subdivisions to serve as school resource officers or search and rescue officers.

History. Acts 1983, No. 757, § 6; A.S.A. 1947, § 42-1406; Acts 2013, No. 705, § 1; 2017, No. 497, § 19.

Amendments. The 2013 amendment rewrote the introductory language of (a)(1); in (a)(1)(A), substituted “Two (2)“ for “One (1)” and substituted “officers” for “officer”; and added (c).

The 2017 amendment, in (a)(1), deleted the former first sentence, substituted “A political” for “Further, the political”, and substituted “appoint auxiliary” for “appoint more auxiliary”; inserted “under subdivision (a)(2)(A) of this section” in (a)(2)(B) and (C); and made stylistic changes.

12-9-307. Benefits.

  1. The auxiliary law enforcement officer or the governing political subdivision may elect to join the workers' compensation system for the benefit of the auxiliary law enforcement officer, and the auxiliary law enforcement officer may receive benefits therefrom as provided by statutes.
  2. The political subdivision may elect to provide liability insurance, uniforms, and such other equipment as may be necessary to perform the assigned tasks, and these provisions shall not be considered as salary or wages.
  3. An auxiliary law enforcement officer may receive such compensation, per diem, expenses, or other allowances for his or her services, for such purposes as transporting juveniles, as may be agreed to by the appointing authority.

History. Acts 1983, No. 757, § 7; A.S.A. 1947, § 42-1407; Acts 1994 (2nd Ex. Sess.), No. 12, § 2; 2019, No. 151, § 5.

Amendments. The 2019 amendment deleted former (b) and redesignated former (c) and (d) as present (b) and (c).

12-9-308. Liability of law enforcement agency and political subdivision.

The law enforcement agency director, chief, or county sheriff and the political subdivision appointing the auxiliary law enforcement officer shall not be held either civilly or criminally liable or in any other manner for the actions of an auxiliary law enforcement officer.

History. Acts 1983, No. 757, § 8; A.S.A. 1947, § 42-1408; Acts 1987, No. 275, § 1.

Research References

U. Ark. Little Rock L.J.

Survey — Torts, 10 U. Ark. Little Rock L.J. 609.

Subchapter 4 — Radar Instructors and Operators

Effective Dates. Acts 1983, No. 672, § 7: Mar. 22, 1983. Emergency clause provided: “It is hereby found and determined by the General Assembly that no required minimum standards for training and certification of police traffic radar instructors or operators exists, and that properly trained and certified police officers are important to the health, safety, and welfare of the people of this state. There is no statutory authority to regulate the use of police traffic radar for law enforcement purposes. Therefore, an emergency is declared to exist and this act being necessary for the protection of the public peace, health, and safety shall be in full force and effect from and after its passage and approval.”

Acts 1985, No. 115, § 3: Feb. 15, 1985. Emergency clause provided: “It is hereby found and determined by the General Assembly that Act 672 of 1983 empowered the Governor's Commission on Law Enforcement Standards and Training to establish minimum standards for radar instructors and operators; that the act's definition of police traffic radar has resulted in adverse rulings against the state by our courts; that this act redefines the term in a manner that will better enable the commission to implement the act; and that this act is immediately necessary to cure the defective definition. Therefore, an emergency is hereby declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall be in full force and effect from and after its passage and approval.”

12-9-401. Definitions.

As used in this subchapter:

  1. “Full-time law enforcement officer” means any county sheriff, or any other law enforcement officer employed by a law enforcement agency who works more than twenty-four (24) hours per week and receives a salary from the law enforcement agency;
  2. “Law enforcement agency” means any police force or organization whose primary responsibility as established by statute or ordinance is the enforcement of the criminal, traffic, or highway laws of this state;
  3. “Law enforcement officer” means any appointed law enforcement officer or county sheriff who is responsible for the prevention and detection of crime and the enforcement of the criminal, traffic, or highway laws of this state;
  4. “Part-time law enforcement officer” means a law enforcement officer who works twenty-four (24) hours per week or less and receives a salary from the employing law enforcement agency;
  5. “Police traffic radar” means any speed measurement device utilizing the Doppler principle or an infrared light system to measure the speed of motor vehicles; and
  6. “Political subdivision” means any county, municipality, township, or other specific local unit of general government.

History. Acts 1983, No. 672, § 1; 1985, No. 115, § 1; A.S.A. 1947, § 42-1010; Acts 1991, No. 374, § 1; 1993, No. 63, § 1; 1997, No. 1105, § 1; 2017, No. 497, § 20; 2019, No. 151, § 6.

Amendments. The 2017 amendment, in (2), substituted “and receives a salary from the law enforcement agency” for “or any part-time law enforcement officer employed by a law enforcement agency who has met the selection and training requirements for full-time certified officers”.

The 2019 amendment deleted former (1) and redesignated the remaining subdivisions accordingly; in (1), inserted “any other law enforcement”, and substituted “more than twenty-four (24) hours” for “forty (40) or more hours”; and, in (4), substituted “a law enforcement officer who works twenty-four (24) hours per week or less and receives” for “any officer working less than twenty (20) hours per week and receiving”.

12-9-402. Powers and duties of the commission.

In addition to the powers conferred upon the Arkansas Commission on Law Enforcement Standards and Training in §§ 12-9-10412-9-107, the commission shall have power to:

  1. Promulgate rules for the administration of this subchapter;
  2. Require the submission of reports and information by law enforcement agencies within this state;
  3. Establish minimum selection and training standards for appointment as a police traffic radar operator and police traffic radar instructor. The standards may take into account different requirements for urban and rural areas;
  4. Establish minimum curriculum requirements for the basic radar operator's course, the basic radar instructor's course, and the refresher courses for the radar operators and the radar instructors;
  5. Consult and cooperate with counties, municipalities, agencies of this state, other governmental agencies, and with universities, colleges, junior colleges, community colleges, and other institutions or organizations concerning the development of police traffic radar training schools and programs or courses of instruction;
  6. Approve institutions and facilities to be used by or for the state or any political subdivision thereof for the specific purpose of training radar operators and radar instructors;
  7. Exclude honorary law enforcement officers from training classes sponsored and supported by the Arkansas Law Enforcement Training Academy for the training of radar operators and radar instructors;
  8. Adopt rules and minimum standards for such schools and courses which shall include, but not be limited to, establishing minimum:
    1. Basic training requirements which police radar operators and police radar instructors are required to satisfactorily complete before being eligible for radar certification;
    2. Course attendance and equipment requirements; and
    3. Requirements for instructors;
  9. Conduct review of agency records to assist any department head in complying with the provisions of this subchapter;
  10. Adopt and amend bylaws, consistent with law, for its internal management and control; and
  11. Enter into contracts or do such things as may be necessary and incidental to the administration of this subchapter.

History. Acts 1983, No. 672, § 2; A.S.A. 1947, § 42-1011; Acts 2011, No. 1240, § 2; 2017, No. 497, § 21; 2019, No. 315, § 855.

Amendments. The 2011 amendment deleted “auxiliary law enforcement officers” following “Exclude” in (7).

The 2017 amendment deleted “part-time law enforcement officers and” following “Exclude” in (7); and, in (8)(A), deleted “and refresher” following “Basic” and substituted “are required to” for “must”.

The 2019 amendment deleted “and regulations” following “rules” in (1).

12-9-403. Appointment and training.

  1. A person shall not be appointed as a police traffic radar operator or police traffic radar instructor until the minimum standards for training requirements have been completed.
  2. The training requirements for police traffic radar operators or police traffic radar instructors shall be established by the Arkansas Commission on Law Enforcement Standards and Training.
  3. The commission shall issue a certificate evidencing a law enforcement officer's certification to operate a police traffic radar after evidence is submitted by the law enforcement agency director, chief, or county sheriff that the police traffic radar operator has met the training requirements.
  4. This section does not preclude any law enforcement agency from establishing qualifications and standards for appointing and training of police traffic radar operators and police traffic radar instructors that exceed those set by this subchapter or by the commission.
  5. A police traffic radar operator or police traffic radar instructor failing to meet the training requirements as set forth in this subchapter shall lose his or her authority to operate a police traffic radar for enforcement purposes.
  6. A law enforcement officer shall complete the commission-required training for law enforcement officer certification before being eligible for certification as a police traffic radar operator.
  7. Only a full-time law enforcement officer, part-time law enforcement officer, or an auxiliary law enforcement officer appointed as a reserve law enforcement officer as defined by commission rule is eligible for certification as a police traffic radar operator.

History. Acts 1983, No. 672, § 4; A.S.A. 1947, § 42-1013; Acts 1997, No. 734, § 1; 2005, No. 1962, § 28; 2011, No. 1240, § 3; 2019, No. 151, § 7.

Amendments. The 2005 amendment deleted former (b) and redesignated the remaining subsections accordingly; substituted “Arkansas Commission on Law Enforcement Standards and Training” for “commission” in present (b); and substituted “shall complete” for “must have completed” in present (f).

The 2011 amendment, in (g), inserted “or an auxiliary law enforcement officer appointed as a reserve law enforcement officer” and substituted “rule is” for “regulation, will be”.

The 2019 amendment in (c), substituted “shall” for “may” and “a law enforcement officer’s certification to operate a police traffic radar after” for “satisfactory completion of the requirements of this subchapter when”; substituted “This section does not” for “Nothing in this section shall be construed to” in (d); inserted the second occurrence of “law enforcement” in (f); substituted “part-time law enforcement officer” for “part-time I law enforcement officer, part-time II law enforcement officer” in (g); and made stylistic changes.

Case Notes

Cited: Price v. State, 285 Ark. 148, 685 S.W.2d 506 (1985).

12-9-404. Failure to meet standards.

A police traffic radar operator who does not meet the standards and qualifications set forth in this subchapter or any made by the Arkansas Commission on Law Enforcement Standards and Training shall not take any official action as a police traffic radar operator and any action taken shall be held as invalid.

History. Acts 1983, No. 672, § 3; A.S.A. 1947, § 42-1012.

Subchapter 5 — Management Training and Education

Publisher's Notes. Acts 1993, No. 1111, § 7, provided:

“Nothing in this act shall be construed to develop or provide basic skills mandated training presently carried out by Arkansas Law Enforcement Training Academy.”

Effective Dates. Acts 1993, No. 1111, § 11: July 1, 1993. Emergency clause provided: “It is hereby found and determined by the General Assembly that heads of law enforcement organizations are finding it increasingly difficult to maintain their expertise in new and innovative management techniques and technologies related to law enforcement management and administrative and operational areas. It is imperative that the leaders and management staff of law enforcement receive continuing education to enhance and improve their level of expertise and maintain professionalism. Funds for this type of education are not available from other sources. Therefore in order to meet this need, an emergency is hereby declared to exist and this act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from July 1, 1993.”

Acts 1994 (2nd Ex. Sess.), No. 35, § 12: Aug. 25, 1994. Emergency clause provided: “It is hereby found and determined by the Seventy-Ninth General Assembly meeting in Second Extraordinary Session, that the passage of this Act is of critical importance in the provision of needed resources to overcome severe public information and service deficiencies in such areas as criminal justice instruction, crime intervention services, and research activities. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1997, No. 1035, § 8: July 1, 1997. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the effectiveness of this act on July 1, 1997, is essential to the efficient transfer of the Criminal Justice Institute to the University of Arkansas as a division thereof, and that in the event of the extension of the Regular Session, any delay in the effective date of this act beyond July 1, 1997, could work irreparable harm upon the proper administration of the Criminal Justice Institute and provision of its services to Arkansas law enforcement and national law enforcement. Therefore, an emergency is declared to exist and this act being necessary for the preservation of the public peace, health, and safety, shall be in full force and effect from and after July 1, 1997.”

12-9-501. Legislative determination.

  1. The Criminal Justice Institute, an educational entity, was created for the purpose of providing management education and training, technical assistance, practical research and evaluation, a clearinghouse, and computer and forensic education and training for Arkansas law enforcement and national law enforcement.
  2. The initiatives developed by the Criminal Justice Institute are applicable on a national level, and this application for conceptualization and practice will be through the National Center for Rural Law Enforcement.
    1. The General Assembly recognizes the importance of providing management, education, and training to law enforcement and, through the initiatives developed by the Criminal Justice Institute, the citizens of the State of Arkansas will be better served.
    2. These initiatives further the enhancement of the workforce through the developmental process of continuing education by which skills are upgraded and capabilities increased.
    3. This process will assist law enforcement ability to adapt to an ever-changing environment.
    1. The General Assembly further recognizes that:
      1. Law enforcement plays a significant role in preventing and responding to acts of violence, terrorism, and natural disasters that occur on public school campuses; and
      2. Matters of public school campus safety require specialized education and training for law enforcement officers, school resource officers, and other school personnel who respond to incidents on school campuses:
        1. To develop and maintain strong partnerships between school personnel and law enforcement in preventing and responding to acts of violence, terrorism, and natural disaster that occur on public school campuses; and
        2. For law enforcement officers to operate effectively in a school setting.
    2. Initiatives of the Criminal Justice Institute for specialized education and training on public school campus safety will enhance citizen cooperation and understanding of law enforcement in these areas and other issues of crime and violence against school children.

History. Acts 1993, No. 1111, § 1; 1997, No. 1035, § 1; 2013, No. 484, § 4.

A.C.R.C. Notes. Acts 2013, No. 484, § 1, provided: “LEGISLATIVE FINDINGS. The General Assembly finds that:

“(1) Crime and violence remain issues in Arkansas public schools and nationwide;

“(2) The citizens of Arkansas have twice experienced the tragedy of a school shooting:

“(A) In 1997 when two (2) Stamps High School students were shot and wounded by sniper fire from a fellow student; and

“(B) In 1998 when four (4) students and one (1) teacher were killed at Westside Middle School in Jonesboro and nine (9) more students and one (1) teacher were wounded;

“(3) In 2007, the National Center for Education Statistics reported that an average of nine and one-tenths percent (9.1%) of Arkansas's public high school students had been threatened or injured with a weapon on school property, compared to the national average of seven and eight-tenths percent (7.8%); and

“(4) With the increasing levels of crime and violence in our schools, school administrators and personnel must be prepared for more than the academic challenges of teaching students. They must also:

“(A) Develop and maintain a strong partnership with law enforcement; and

“(B) Be trained to recognize and assume their roles and responsibilities for preventing and responding to acts of violence, terrorism, natural disaster, and other crimes impacting the school environment.”

Amendments. The 2013 amendment added (d).

12-9-502. Administration and approval.

    1. The Criminal Justice Institute of the University of Arkansas at Little Rock has served as the coordinator and manager of all supervision, management, and executive education and training for law enforcement officers in the State of Arkansas.
    2. Effective July 1, 1997, to accomplish its broader scope and mission, the institute and its functions, budget, personnel, equipment, all funds, and existing contracts and agreements, including those made at the behest of the institute, shall be transferred in their entirety from the University of Arkansas at Little Rock to the University of Arkansas to better serve the citizens of the State of Arkansas.
      1. In its association with the University of Arkansas as a division thereof, the Director of the Criminal Justice Institute shall be appointed by and report to the President of the University of Arkansas.
      2. The president shall seek the advice and counsel of the Criminal Justice Institute Advisory Board for Law Enforcement Management Training and Education in the appointment of the director.
    1. In the administration of the institute, efforts shall be made to maintain personnel salary levels at a competitive level to permit recruitment of the best qualified candidates.

History. Acts 1993, No. 1111, § 3; 1997, No. 1035, § 2.

12-9-503. Criminal Justice Institute Advisory Board.

  1. There is established the Criminal Justice Institute Advisory Board for Law Enforcement Management Training and Education.
    1. The board shall have sixteen (16) members.
        1. The board shall consist of the following representatives:
          1. Two (2) representatives from the Arkansas Municipal Police Association;
          2. Two (2) representatives from the Arkansas Association of Chiefs of Police;
          3. Two (2) representatives from the Arkansas Sheriffs' Association; and
          4. Two (2) faculty members or administrators from institutions of higher education.
        2. The eight (8) members of the board in subdivision (b)(2)(A)(i) of this section shall be appointed by the Governor.
        3. Terms of the eight (8) members appointed pursuant to subdivision (b)(2)(A)(ii) of this section shall be four (4) years in length.
      1. Other members of the board shall be:
        1. The Special Agent in Charge of the Arkansas office of the Federal Bureau of Investigation or his or her designee;
        2. The President of the Arkansas Sheriffs' Association;
        3. The President of the Arkansas Association of Chiefs of Police;
        4. The Executive Director of the Arkansas Municipal Police Association;
        5. The Director of the Criminal Justice Institute;
        6. The Director of Legislative and Governmental Affairs of the Arkansas State Police Association;
        7. A citizen at large nominated by the Director of the Criminal Justice Institute; and
        8. The President of the University of Arkansas or his or her designee.
        1. Terms of the members serving pursuant to subdivision (b)(2)(B) of this section shall be five (5) years in length, and the terms shall be staggered so that, insofar as is possible, an equal number of members shall rotate each year.
        2. However, the term of a member who serves by virtue of the office he or she holds shall run so long as the member holds the office.

History. Acts 1993, No. 1111, § 2; 1997, No. 1035, § 3; 2005, No. 1962, § 29.

A.C.R.C. Notes. As originally enacted by Acts 1993, No. 1111, § 2, subdivision (a)(2) of this section ended “effective July 1, 1993.”

Publisher's Notes. Acts 1993, No. 1111, § 2, provided, in part, terms of the members of the Criminal Justice Institute Advisory Board for Law Enforcement Management Training and Education would be 4 years with an initial drawing of lots establishing the staggering of terms.

Amendments. The 2005 amendment deleted former (b); redesignated former (a)(2) and (a)(3) as present (b)(1) and (b)(2); substituted “members appointed pursuant to subdivision (b)(2)(A)(ii)” for “association and institution representatives” in present (b)(2)(A)(iii); in present (b)(2)(C)(i), deleted “of office” following “Terms” and inserted “serving pursuant to subdivision (b)(2)(B)”; and made minor punctuation changes.

12-9-504. Evaluation.

In order to ensure quality control, provide for efficient use of available resources, and minimize duplication of effort, the Criminal Justice Institute shall be the clearinghouse to determine the qualifications of instructors, both academic and practitioner, and to certify all programs of instruction pursuant to this subchapter.

History. Acts 1993, No. 1111, § 4.

12-9-505. Certification and accreditation program.

The Criminal Justice Institute shall develop a certification and accreditation program for all law enforcement supervisors, managers, and heads of police departments and law enforcement agencies.

History. Acts 1993, No. 1111, § 5.

12-9-506. Compensation.

In order to ensure the best available training, education, and programs, the Criminal Justice Institute is authorized to pay honoraria to state, county, and municipal employees upon approval of their supervisors and within their line item salary maximum limits.

History. Acts 1993, No. 1111, § 6.

12-9-507. Staffing procedure.

The Criminal Justice Institute shall submit to the Joint Budget Committee a yearly report reflecting hiring and participation.

History. Acts 1994 (2nd Ex. Sess.), No. 35, § 5; 1997, No. 1035, § 4.

12-9-508. National Center for Rural Law Enforcement Advisory Board.

  1. There is established the National Center for Rural Law Enforcement Advisory Board to address policy issues, provide guidance, and further develop national initiatives.
  2. The members of the board shall be appointed by the Director of the Criminal Justice Institute and approved by the President of the University of Arkansas and shall include:
    1. The President of the University of Arkansas or his or her designee;
    2. The Director of the Criminal Justice Institute;
    3. A member of the House of Representatives;
    4. A member of the Senate;
    5. Two (2) executives with law enforcement experience;
    6. A national-level executive with law enforcement experience;
    7. A prominent academician; and
    8. A nationally prominent citizen.

History. Acts 2005, No. 1962, § 30.

Subchapter 6 — Law Enforcement Officer Employment, Appointment, or Separation

Effective Dates. Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

12-9-601. Definitions.

As used in this subchapter:

  1. “Commission” means the Arkansas Commission on Law Enforcement Standards and Training; and
  2. “Employing agency” means any state agency or any county, municipality, or other political subdivision of the state, or any agent thereof, which has constitutional or statutory authority to employ or appoint persons as law enforcement officers.

History. Acts 1997, No. 949, § 1.

12-9-602. Notice of employment, appointment, or separation — Response by the law enforcement officer — Duty of division.

    1. An employing agency shall immediately notify the Division of Law Enforcement Standards and Training, in a manner adopted by the division, of the employment or appointment, or separation from employment or appointment, of any law enforcement officer.
    2. Separation from employment or appointment includes any firing, termination, resignation, retirement, or voluntary or involuntary extended leave of absence of any law enforcement officer.
    3. A submission to the division related to the employment or appointment, or separation from employment or appointment, of a law enforcement officer is subject to the provisions of § 5-53-103 concerning false swearing.
    1. In a case of separation from employment or appointment, the employing agency shall notify the division in a manner adopted by the division, setting forth in detail the facts and reasons for the separation.
    2. In a case of a separation from employment or appointment for one (1) of the following reasons, the notice shall state that:
      1. The law enforcement officer was separated for his or her failure to meet the minimum qualifications for employment or appointment as a law enforcement officer;
      2. The law enforcement officer was dismissed for a violation of state or federal law;
      3. The law enforcement officer was dismissed for a violation of the regulations of the law enforcement agency; or
      4. The law enforcement officer resigned while he or she was the subject of a pending internal investigation.
    3. Any law enforcement officer who has separated from employment or appointment shall be permitted to respond to the separation, in writing, to the division, setting forth the facts and reasons for the separation as he or she understands them.
    1. Before employing or appointing a law enforcement officer, a subsequent employing agency shall contact the division to inquire as to the facts and reasons a law enforcement officer became separated from any previous employing agency.
    2. The division shall provide subsequent employing agencies with all information in the division's possession resulting from the requirements of subsection (b) of this section.
    1. An administrator of an employing agency who discloses information under this section is immune from civil liability for such disclosure or its consequences.
    2. An employing agency is not civilly liable for disclosure of information under this subchapter or performing any other duties under this subchapter.
    1. The division and its employees who disclose information under this section are immune from civil liability for such disclosure or its consequences.
    2. The division and its employees are not civilly liable for:
      1. Disclosure of information under this subchapter; or
      2. Performing any other duties under this subchapter.

History. Acts 1997, No. 949, § 1; 1999, No. 949, § 1; 2019, No. 151, § 8; 2019, No. 910, §§ 5828-5832.

A.C.R.C. Notes. Acts 2019, No. 151, § 8, used “commission” when adding the new language of present subdivisions (a)(3), (b)(1), and (c)(2) of this section. However, pursuant to the amendments made to this section by Acts 2019, No. 910, §§ 5828-5832, and pursuant to the authority of § 25-43-109 and Acts 2019, No. 910, § 6343, the Arkansas Code Revision Commission has changed “commission” to “division” in these subdivisions.

Acts 2019, No. 910, § 5828, changed “commission” to “division” in former subdivision (a)(1)(B) of this section. However, Acts 2019, No. 151, § 8, specifically repealed this subdivision.

Acts 2019, No. 910, § 5829, changed “commission” to “division” in the phrase “execute and maintain an affidavit-of-separation form adopted by the commission” in former subdivision (b)(1)(A) of this section. However, Acts 2019, No. 151, § 8, specifically repealed this phrase.

Acts 2019, No. 910, § 5829, changed “commission” to “division” in former subdivision (b)(1)(B) of this section. However, Acts 2019, No. 151, § 8, specifically repealed this subdivision.

Amendments. The 2019 amendment by No. 151 deleted (a)(1)(B) and redesignated former (a)(1)(A) as (a)(1); substituted “in a manner” for “in writing, or on a form” in (a)(1); added (a)(3); deleted (b)(1)(B) and (b)(1)(C) and redesignated former (b)(1)(A) as (b)(1); substituted “notify the commission in a manner” for “execute and maintain an affidavit-of-separation form” in (b)(1); substituted “shall” for “must” in (b)(3) and (c)(1); rewrote (c)(2); substituted “are not” for “shall not be” in the introductory language of (e)(2); and made stylistic changes.

The 2019 amendment by No. 910 substituted “division” for “commission” and made similar changes throughout the section; and substituted “Division of Law Enforcement Standards and Training” for “Arkansas Commission on Law Enforcement Standards and Training” in (a)(1)(A).

12-9-603. Certification review.

When an employing agency reports that a law enforcement officer was separated from employment or appointment for one (1) or more of the reasons specified in § 12-9-602(b)(2), the Arkansas Commission on Law Enforcement Standards and Training shall review the certification of the law enforcement officer, the law enforcement officer's eligibility for certification, and the law enforcement officer's ability to act as a law enforcement officer, to determine whether to suspend or revoke the law enforcement officer's:

  1. Certification;
  2. Eligibility for certification; or
  3. Ability to act as a law enforcement officer.

History. Acts 1997, No. 949, § 1; 2019, No. 151, § 9.

Amendments. The 2019 amendment rewrote the section.

Chapter 10 Communications Systems

Subchapter 1 — General Provisions

[Reserved.]

Subchapter 2 — Statewide Radio Communications System

Effective Dates. Acts 1979, No. 520, § 9: Mar. 21, 1979. Emergency clause provided: “It is hereby found and determined by the General Assembly that a problem of crisis proportion exists on the misuse of radio frequencies assigned to Arkansas law enforcement officers. Therefore, an emergency is hereby declared to exist and this act, being immediately necessary for the preservation of the public peace, health, and safety of the citizens of Arkansas shall be in full force and effect from and after its passage and approval.”

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

12-10-201. Definitions.

As used in this subchapter:

  1. “Assigned county frequency” means a frequency assigned to a specific county sheriff's office for carrying on day-to-day operations within the county. This frequency is allocated for use by the specific county-based stations and mobile units which are participating in the statewide communications system;
  2. “High band communication system” means frequencies assigned to larger municipal police departments and the county sheriffs' offices of Pulaski County, Garland County, and Sebastian County. The high band communication system frequencies shall be between one hundred fifty megahertz (150 MHz) and one hundred seventy-five megahertz (175 MHz);
  3. “Law enforcement agency” means the county sheriff's department, municipal police department, or city marshal;
  4. “Statewide base-to-base frequency” means a common statewide frequency for carrying on routine business between agencies located in different counties. This frequency is allocated for base station use only. Mobile units are not allowed to operate on this frequency. The statewide base-to-base frequency shall be thirty-seven and two tenths megahertz (37.20 MHz); and
  5. “Statewide emergency frequency” means a common statewide frequency for use in an emergency situation between law enforcement agencies. This frequency is allocated for use by all participating agency-based stations and mobile units. The statewide emergency frequency shall be thirty-seven and twenty-four hundredths megahertz (37.24 MHz).

History. Acts 1979, No. 520, § 1; A.S.A. 1947, § 42-1101.

12-10-202. Transmissions by unauthorized persons — Penalty.

  1. It shall be unlawful to transmit over a frequency assigned to a law enforcement agency or department unless it has been approved by the agency or department head or his or her designee.
  2. Violation of this or any other portion of this subchapter shall constitute a Class A misdemeanor.

History. Acts 1979, No. 520, § 8; A.S.A. 1947, § 42-1108; Acts 1987, No. 251, § 1.

Cross References. Fines, § 5-4-201.

Imprisonment, § 5-4-401.

12-10-203. Policy committee.

  1. A seven-member policy committee composed of two (2) representatives each from the Arkansas Sheriffs' Association, the Arkansas Association of Chiefs of Police, and the Arkansas Law Enforcement Officers Association and one (1) representative from the Division of Arkansas State Police will be responsible for policy making and for policing a statewide communication system.
  2. Members of the policy committee will be appointed by the presidents of the respective law enforcement associations and the Director of the Division of Arkansas State Police.

History. Acts 1979, No. 520, § 6; A.S.A. 1947, § 42-1106; Acts 2019, No. 910, § 5833.

Amendments. The 2019 amendment substituted “Division of Arkansas State Police” for “Department of Arkansas State Police” in (a) and (b).

12-10-204. Special conditions for use of statewide emergency frequency.

The following constitute conditions whereby the emergency frequency can be used if assistance from other counties or the Department of Arkansas State Police is needed:

  1. A potential life or death situation such as:
    1. A serious traffic accident involving personal injury;
    2. Major danger to life from chemicals, explosives, gas, or nuclear or other hazardous material; or
    3. Implementing rescue efforts;
  2. A felony in progress or pursuing a felon or suspected felon;
  3. A civil disorder;
  4. A natural disaster;
  5. Emergency access to the nearest national crime information center or criminal justice information system computer terminal involving information as needed for subdivision (2) of this section; or
  6. A mobile unit traveling outside its assigned county for conducting official business with law enforcement agencies in that jurisdiction.

History. Acts 1979, No. 520, § 4; A.S.A. 1947, § 42-1104.

12-10-205. Frequency allocation.

  1. The assigned county operating frequency will be used for:
    1. Base-to-mobile and mobile-to-mobile unit transmissions within each county;
    2. Base-to-base radio transmissions within those counties which have more than one (1) base station operating on the county frequency;
    3. Emergency transmission using a 10-33 code within each county when assistance from other counties or the Department of Arkansas State Police is not needed; and
      1. With permission of the county sheriffs concerned, adjacent counties may allow each other's mobile units to install, receive, and transmit crystals and operate, when necessary, on each other's assigned county operating frequency.
      2. In lieu of the preceding, adjacent county law enforcement mobile units may install receivers or scanners on each other's assigned county frequency in order to have cross band communication capability with each other.
  2. The statewide base-to-base frequency, thirty-seven and two tenths megahertz (37.20 MHz), will be used for:
    1. All routine base-to-base law enforcement radio transmissions between city and county and law enforcement agencies located in different counties. It can also be used for a base-to-base radio transmission in the same county when necessary; and
    2. Routine access to the nearest state police district headquarters and the nearest national crime information center or criminal justice information system computer terminal.
    1. The statewide emergency frequency, thirty-seven and twenty-four hundredths megahertz (37.24 MHz), will be used under special conditions found in § 12-10-204 and when radio contact between various law enforcement base stations or mobile units is mandatory for the preservation of peace or the protection of life and property.
    2. The statewide emergency frequency may be used by law enforcement agencies within their assigned jurisdiction in the event of a breakdown on the county operating frequency or the statewide base-to-base frequency, only as an interim measure in lieu of the assigned county operating frequency or the statewide base-to-base frequency, if all three (3) of the following conditions are met:
      1. The breakdown has occurred on a base station. Mobile unit breakdowns on the county frequency will not be cause for use of the emergency frequency;
      2. Maximum efforts are exerted in getting the broken-down base station back on the air; and
      3. All surrounding counties are to be advised as to why the emergency frequency is being used in lieu of the county operating frequency or statewide base-to-base frequency and an approximate time as to when this condition will be corrected.

History. Acts 1979, No. 520, § 2; A.S.A. 1947, § 42-1102.

12-10-206. Assigned county operating frequency.

The following counties shall be assigned the following frequencies:

  1. Thirty-seven and four hundredths megahertz (37.04 MHz): Calhoun, Chicot, Clark, Faulkner, Fulton, Little River, Monroe, Newton, Poinsett, and Scott;
  2. Thirty-seven and six hundredths megahertz (37.06 MHz): Ashley, Benton, Cleburne, Columbia, Cross, Jefferson, Howard, Logan, Marion, and Randolph;
  3. Thirty-seven and eight hundredths megahertz (37.08 MHz): Baxter, Clay, Drew, Lonoke, Ouachita, Sevier, and Yell;
  4. Thirty-seven and twelve hundredths megahertz (37.12 MHz): Craighead, Dallas, Desha, Madison, Polk, Prairie, and Stone;
  5. Thirty-seven and fourteen hundredths megahertz (37.14 MHz): Carroll, Hot Spring, Lawrence, Lee, Lincoln, and Van Buren;
  6. Thirty-seven and sixteen hundredths megahertz (37.16 MHz): Arkansas, Boone, Crittenden, Nevada, Perry, and Sharp;
  7. Thirty-seven and twenty-eight hundredths megahertz (37.28 MHz): Grant, Greene, Johnson, Lafayette, Montgomery, Phillips, and White;
  8. Thirty-seven and thirty-two hundredths megahertz (37.32 MHz): Cleveland, Conway, Franklin, Independence, Pike, and St. Francis;
  9. Thirty-seven and thirty-six hundredths megahertz (37.36 MHz): Bradley, Crawford, Izard, Mississippi, Pope, Saline, and Woodruff;
  10. Thirty-seven and four tenths megahertz (37.40 MHz): Jackson, Hempstead, Searcy, and Union; and
  11. Thirty-seven and forty-two hundredths megahertz (37.42 MHz): Sebastian.

History. Acts 1979, No. 520, § 3; A.S.A. 1947, § 42-1103.

12-10-207. Interfacing the Department of Arkansas State Police Communications System.

In order to interface the separate Department of Arkansas State Police communications system with that of the statewide law enforcement communications system:

  1. All municipal and county law enforcement agencies should install receivers on the frequency of the district of the Department of Arkansas State Police in which their county or city is located, at their base stations and in their vehicles so that effective cross banding of communications with the department can be accomplished when necessary;
  2. All department district headquarters will monitor the statewide base-to-base frequency, thirty-seven and two tenths megahertz (37.20 MHz), and the statewide emergency frequency, thirty-seven and twenty-four hundredths megahertz (37.24 MHz), and respond to calls by transmitting on the frequency of the district of the department in which their county or city is located, which will be monitored by local law enforcement agencies;
  3. All department mobile units will have the capability to monitor the emergency frequency, thirty-seven and twenty-four hundredths megahertz (37.24 MHz), and respond to calls by transmitting on the frequency of the district of the department in which their county or city is located, which will be monitored by local law enforcement agencies; and
  4. With the permission of the department, counties may, at their own expense, place complete mobile radios with the assigned county frequency in department vehicles.

History. Acts 1979, No. 520, § 5; A.S.A. 1947, § 42-1105.

12-10-208. Official transmissions only.

  1. All radio transmissions should be used for conducting official law enforcement business only and should be as clear and concise as possible.
  2. Standard “ten signals” and the phonetic alphabet are recommended for use by all participating agencies.

History. Acts 1979, No. 520, § 7; A.S.A. 1947, § 42-1107.

Subchapter 3 — Arkansas Public Safety Communications and Next Generation 911 Act of 2019

A.C.R.C. Notes. Acts 2012, No. 213, § 11, provided: “ENHANCED 9-1-1 SYSTEM.

Funds appropriated in Section 9 of this Act are to be allocated to support the deployment of a hosted supplemental 9-1-1 database service in Arkansas. This supplemental database should allow for Arkansans to provide information to 9-1-1 to be used in emergency scenarios. This database service should:

“a) Collect a variety of formatted data relevant to 9-1-1 and first responder needs. Among other items, this information should include photographs of the citizen, physical descriptions, medical information, household data, and emergency contacts.

“b) Allow for information to be entered by Arkansans via a secure website where they can elect to provide as little or as much information as they choose.

“c) Automatically display data provided by Arkansas to 9-1-1 call takers for all types of phones (Landline, Mobile, VoIP) when a call is placed to 9-1-1 from a registered and confirmed phone number.

“d) Support the delivery of citizen information via a secure internet connection to all PSAPs within Arkansas.

“e) Service should work across all 9-1-1 call taking equipment in Arkansas and allow for the easy transfer of information into Computer Aided Dispatch (CAD) or Records Management Systems (RMS).

“f) Data should be made available at a city, county, state, or national level to help protect Arkansans wherever they are.

“g) Data should be made available to first responders.

“h) Be designed to work in today's environment or future i3-based systems.

“i) Demonstrate the ability to assist Arkansans with functional needs such as the deaf and hard of hearing, families with autism, physical and mental disabilities, and special rescue needs.”

Acts 2019, No. 660, § 1, provided: “Title. This act shall be known and may be cited as the ‘Public Safety Act of 2019’”.

Acts 2019, No. 660, § 2, provided: “Legislative findings and intent.

“(a) The General Assembly finds that:

“(1) The State of Arkansas recognizes that maintaining the public's safety is a sacred trust of the government;

“(2) The citizens of Arkansas depend on state government to provide for public welfare and safety; and

“(3) To ensure public welfare and safety, it is important and worthy to achieve the following public safety priorities:

“(A) Developing a next generation 911 system;

“(B) Replacing the Arkansas Emergency Telephone Services Board with the Arkansas 911 Board; and

“(C) Providing upgrades and maintenance funding for the Arkansas Wireless Information Network.

“(b) It is the intent of the General Assembly to simplify and update charges paid by telecommunication subscribers to provide the best public safety communications and services possible to all Arkansas and first responders by:

“(1) Developing a next generation 911 system;

“(2) Replacing the Arkansas Emergency Telephone Services Board with the Arkansas 911 Board; and

“(3) Providing upgrades and maintenance funding for the Arkansas Wireless Information Network”.

Cross References. Public utilities and carriers, § 23-1-101 et seq.

Effective Dates. Acts 1985, No. 683, § 12: Mar. 27, 1985. Emergency clause provided: “It has been found and declared by the General Assembly of the State of Arkansas that there is an immediate need for designation of the 9-1-1 Emergency Telephone Number and creation of 9-1-1 Public Safety Communications Centers in order to enable response of emergency services which protect life and property to be accessed in a prompt and simplified manner and that enactment of this bill will hasten the availability of these services. Therefore an emergency is hereby declared to exist and this act being necessary for the preservation of the public peace, health, and safety, shall take effect from and after the date of its approval.”

Acts 1991, No. 1196, § 9: July 1, 1991. Emergency clause provided: “It is hereby found and determined by the Seventy-Eighth General Assembly that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a two (2) year period; that the effectiveness of this Act on July 1, 1991 is essential to the operation of the agency for which the appropriations in this Act are provided, and that in the event of an extension of the Regular Session, the delay in the effective date of this Act beyond July 1, 1991 could work irreparable harm upon the proper administration and provision of essential governmental programs. Therefore, an emergency is hereby declared to exist and this Act, being necessary for the preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 1991.”

Acts 1995, No. 627, § 5: Mar. 14, 1995. Emergency clause provided: “It is hereby found and determined by the General Assembly that political subdivisions with less than fifteen thousand (15,000) population are not able to provide a 911 service under the current restrictions on emergency telephone service charges; that this act grants greater flexibility to those political subdivisions; and that this act should go into effect as soon as possible in order to help provide 911 service to the portions of this state which do not now have the capability of financing the same. Therefore, an emergency is hereby declared to exist and this act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1997, No. 106, § 5: Feb. 6, 1997. Emergency clause provided: “It is hereby found and determined by the General Assembly that political subdivisions with less than twenty-five thousand (25,000) population are not able to provide a 911 service under the current restrictions on emergency telephone service charges; that this act grants greater flexibility to those political subdivisions; and that this act should go into effect as soon as possible in order to help provide 911 service to the portions of this state which do not now have the capability of financing the same. Therefore an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective on the date of its approval by the Governor. If the bill is neither approved nor vetoed by the Governor, it shall become effective on the expiration of the period of time during which the Governor may veto the bill. If the bill is vetoed by the Governor and the veto is overridden, it shall become effective on the date the last house overrides the veto.”

Acts 1997, No. 952, § 6: Mar. 31, 1997. Emergency clause provided: “It is hereby found and determined by the General Assembly that political subdivisions with less than twenty-seven thousand five hundred population are not able to provide a 911 service under the current restrictions on emergency telephone service charges; that this act grants greater flexibility to those political subdivisions; and that this act should go into effect as soon as possible in order to help provide 911 service to the portions of this state which do not now have the capability of financing the same. Therefore an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective on the date of its approval by the Governor. If the bill is neither approved nor vetoed by the Governor, it shall become effective on the expiration of the period of time during which the Governor may veto the bill. If the bill is vetoed by the Governor and the veto is overridden, it shall become effective on the date the last house overrides the veto.”

Acts 1999, No. 46, § 5: Feb. 11, 1999. Emergency clause provided: “It is hereby found and determined by the Eighty-second General Assembly that there is an immediate need for the proportionate and speedy disbursement of funds to public safety answering point (PSAP) administrators; that such proportionate disbursement of funds will better enable PSAP administrators to ensure that CMRS calls are properly answered and disposed of; that this act will better enable a prompt response to 911 service calls resulting in the protection of life and property; that until this act goes into effect the citizens of this State will be denied the protection better afforded by it. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective on the date of its approval by the Governor. If the bill is neither approved nor vetoed by the Governor, it shall become effective on the expiration of the period of time during which the Governor may veto the bill. If the bill is vetoed by the Governor and the veto is overridden, it shall become effective on the date the last house overrides the veto.”

Acts 2001, No. 907, § 3: amendment effective by its own terms on Aug. 1, 2002.

Acts 2003, No. 1792, § 2: Apr. 22, 2003. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that existing CMRS emergency telephone service charges collected are insufficient to allow some political subdivisions serving as default public safety answering points or experiencing high volumes of commuter traffic to recover their costs incurred in properly answering 911 emergency calls and that this act is immediately necessary to ensure adequate 911 emergency service continues to be provided. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2007, No. 582, § 3: Mar. 28, 2007. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that declining landline 911 surcharges have caused an immediate loss of revenues for public safety answering points and additional revenues are vital to the continuing operations of those public safety answering points. Therefore, an emergency is declared to exist and this act being necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2009, No. 1480, § 117: July 31, 2009. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act makes various revisions to Arkansas election laws that are designed to improve the administration of elections and special elections and that these revisions should be implemented as soon as possible so that the citizens of this state may benefit from improved election procedures. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2013, No. 623, § 8: Jan. 1, 2014. Effective date clause provided: “This act is effective on and after January 1, 2014.”

Acts 2017, No. 574, § 2: July 1, 2017. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that there are currently more than one hundred twenty (120) public safety answering points in the state; that many of these public safety answering points are in close proximity to others, creating a duplication of services and errors in 911 service; and that this act is necessary to save taxpayer money and create more efficient government services. Therefore, an emergency is declared to exist, and this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2017.”

Acts 2019, No. 660, § 11: Oct. 1, 2019. Effective date clause provided: “Sections 4 and 8 of this act are effective on and after October 1, 2019”.

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

12-10-301. Title.

This subchapter shall be known and may be cited as the “Arkansas Public Safety Communications and Next Generation 911 Act of 2019”.

History. Acts 1985, No. 683, § 1; A.S.A. 1947, § 73-1822; Acts 2019, No. 660, § 3.

Amendments. The 2019 amendment inserted “shall be known and” and “and Next Generation 911” and substituted “2019” for “1985”.

12-10-302. Legislative findings, policy, and purpose.

  1. It has been determined to be in the public interest to shorten the time and simplify the method required for a citizen to request and receive emergency aid.
  2. The provision of a single, primary three-digit emergency number through which fire suppression, rescue, disaster and major emergency, emergency medical, and law enforcement services may be quickly and efficiently obtained will provide a significant contribution to response by simplifying notification of these emergency service responders. A simplified means of procuring these emergency services will result in saving of life, a reduction in the destruction of property, quicker apprehension of criminals, and ultimately the saving of moneys.
  3. Establishment of a uniform emergency telephone number is a matter of concern to all citizens.
  4. The emergency number 911 has been made available at the national level for implementation throughout the United States and Canada.
  5. It is found and declared necessary to:
    1. Establish the National Emergency Number 911 (nine, one, one) as the primary emergency telephone number for use in participating political subdivisions of the State of Arkansas;
    2. Authorize each chief executive to direct establishment and operation of public safety answering points in their political subdivisions and to designate the location of a public safety answering point and agency which is to operate the center. As both are elected positions, a county judge must obtain concurrence of the county sheriff;
    3. Encourage the political subdivisions to implement public safety answering points; and
    4. Provide a method of funding for the political subdivisions, subject to the jurisdiction of the Arkansas 911 Board, which will allow them to implement, operate, and maintain a public safety answering point.

History. Acts 1985, No. 683, § 2; A.S.A. 1947, § 73-1823; Acts 2019, No. 660, § 3.

Amendments. The 2019 amendment substituted “public safety answering points” for “911 public safety communications center” in (e)(2) and (e)(3); substituted “public safety answering point” for “911 public safety communications center” in (e)(2); and, in (e)(4), inserted “subject to the jurisdiction of the Arkansas 911 Board” and substituted “answering point” for “communications center”.

Case Notes

Cited: West Wash. County Emergency Medical Servs. v. Washington County, 967 F.2d 1252 (8th Cir. 1992).

12-10-303. Definitions.

As used in this subchapter:

  1. “Access line” means a communications line or device that has the capacity to access the public switched network;
  2. “Automatic location identification” means an enhanced 911 service capability that enables the automatic display of information defining the geographical location of the telephone used to place the 911 call;
  3. “Automatic number identification” means an enhanced 911 service capability that enables the automatic display of the ten-digit number used to place a 911 call from a wire line, wireless, voice over internet protocol, or any nontraditional phone service;
  4. “Basic 911 system” means a system by which the various emergency functions provided by public safety agencies within each political subdivision may be accessed utilizing the three-digit number 911, but no available options are included in the system;
  5. “Chief executive” means the Governor, county judges, mayors, city managers, or city administrators of incorporated places, and is synonymous with head of government, dependent on the level and form of government;
  6. “CMRS connection” means each account or number assigned to a CMRS customer;
    1. “Commercial mobile radio service” or “CMRS” means commercial mobile service under §§ 3(33) and 332(d), Telecommunications Act of 1996, 47 U.S.C. § 151 et seq., Federal Communications Commission rules, and the Omnibus Budget Reconciliation Act of 1993.
    2. “Commercial mobile radio service” or “CMRS” includes any wireless or two-way communication device that has the capability of connecting to a public safety answering point;
  7. “Dispatch center” means a public or private agency that dispatches public or private safety agencies but does not operate a public safety answering point;
  8. “Enhanced 911 network features” means those features of selective routing that have the capability of automatic number and location identification;
    1. “Enhanced 911 system” means enhanced 911 service, which is a telephone exchange communications service consisting of telephone network features and public safety answering points designated by the chief executive that enables users of the public telephone system to access a public safety answering point by dialing the digits “911”.
    2. The enhanced 911 system directs 911 calls to appropriate public safety answering points by selective routing based on the geographical location from which the call originated and provides the capability for automatic number identification and automatic location identification;
    1. “ESINet” means a managed internet protocol network that is used for emergency services communications that can be shared by all public safety agencies and that provides the internet protocol transport infrastructure upon which independent application platforms and core services can be deployed, including without limitation those services necessary for providing next generation 911 services.
    2. “ESINet” is the designation for the network, but not the services on the network;
  9. “Exchange access facilities” means all lines provided by the service supplier for the provision of local exchange service;
  10. “Geographic information system” means a system for capturing, storing, displaying, analyzing, and managing data and associated attributes which are spatially referenced;
  11. “Governing authority” means county quorum courts and governing bodies of municipalities;
  12. “Next generation 911” means a secure, internet protocol-based, open standards system, composed of hardware, software, data, and operation policies and procedures, that:
    1. Provides standardized interfaces from emergency call and message services to support emergency communications;
    2. Processes all types of emergency calls, including voice, text, data, and multimedia information;
    3. Acquires and integrates additional emergency call data useful to call routing and handling;
    4. Delivers the emergency calls, messages, and data to the appropriate public safety answering point and other appropriate emergency entities based on the location of the caller;
    5. Supports data, video, and other communications needs for coordinated incident response and management; and
    6. Interoperates with services and networks used by first responders to facilitate emergency response;
  13. “Nontraditional phone service” means any service that:
    1. Enables real-time voice communications from the user's location to customer premise equipment;
    2. Permits users to receive calls that originate on the public switched telephone network or to terminate calls to the public switched telephone network; and
    3. Has the capability of placing a 911 call;
  14. “Nontraditional phone service connection” means each account or number assigned to a nontraditional phone service customer;
    1. “Operating agency” means the public safety agency authorized and designated by the chief executive of the political subdivision to operate a public safety answering point.
    2. Operating agencies are limited to offices of emergency services, fire departments, and law enforcement agencies of the political subdivisions;
  15. “Prepaid wireless telecommunications service” means a prepaid wireless calling service as defined in § 26-52-314;
  16. “Private safety agency” means any entity, except a public safety agency, providing emergency fire, ambulance, or emergency medical services;
  17. “Public safety agency” means an agency of the State of Arkansas or a functional division of a political subdivision that provides firefighting, rescue, natural, or human-caused disaster or major emergency response, law enforcement, and ambulance or emergency medical services;
  18. “Public safety answering point” means the location at which all 911 communications are initially answered that is operated on a twenty-four-hour basis by an operating agency and dispatches two (2) or more public safety agencies;
  19. “Public safety officers” means specified personnel of public safety agencies;
  20. “Readiness costs” means equipment and payroll costs associated with equipment, call takers, and dispatchers on standby waiting for 911 calls;
  21. “Selective routing” means the method employed to direct 911 calls to the appropriate public safety answering point based on the geographical location from which the call originated;
  22. “Service supplier” means any person, company, or corporation, public or private, providing exchange telephone service, nontraditional phone service, voice over internet protocol service, or CMRS service throughout the political subdivision;
  23. “Service user” means any person, company, corporation, business, association, or party not exempt from county or municipal taxes or utility franchise assessments that is provided landline telephone service, CMRS service, voice over internet protocol service, or any nontraditional phone service with the capability of placing a 911 call in the political subdivision;
  24. “Short message service” means a service typically provided by mobile carriers that sends short messages to an endpoint;
    1. “Tariff rate” means the rate or rates billed by a service supplier as stated in the service supplier's tariffs, price lists, customer contracts, or other methods of publishing service offerings that represent the service supplier's recurring charges for exchange access facilities, exclusive of all:
      1. Taxes;
      2. Fees;
      3. Licenses; or
      4. Similar charges whatsoever.
    2. The tariff rate per county may include extended service area charges only if an emergency telephone service charge has been levied in a county and a resolution of intent has been passed by a county's quorum court that defines tariff rate as being inclusive of extended service area charges;
  25. “Telecommunicator” means a person employed by a public safety answering point or an emergency medical dispatcher service provider, or both, who is qualified to answer incoming emergency telephone calls or provide for the appropriate emergency response, or both, either directly or through communication with the appropriate public safety answering point;
  26. “Voice over internet protocol connection” means each account or number assigned to a voice over internet protocol customer;
  27. “Voice over internet protocol service” means any service that:
    1. Enables real-time voice communications;
    2. Requires a broadband connection from the user's location;
    3. Requires internet protocol compatible customer premise equipment;
    4. Permits users to receive calls that originate on the public switched telephone network or to terminate calls to the public switched telephone network; and
    5. Has the capability of placing a 911 call; and
  28. “Wireless telecommunications service provider” means a provider of commercial mobile radio services:
    1. As defined in 47 U.S.C. § 332(b), as it existed on January 1, 2006, including all broadband personal communications services, wireless radio telephone services, geographic-area-specialized and enhanced-specialized mobile radio services, and incumbent, wide area, specialized mobile radio licensees that offer real-time, two-way voice service interconnected with the public switched telephone network; and
    2. That either:
      1. Is doing business in the State of Arkansas; or
      2. May connect with a public safety answering point.

History. Acts 1985, No. 683, § 3; A.S.A. 1947, § 73-1824; Acts 1997, No. 810, § 1; 2003, No. 668, § 1; 2007, No. 582, § 1; 2009, No. 1221, § 1; 2013, No. 623, §§ 1, 2; 2015, No. 919, § 1; 2019, No. 660, § 3.

Amendments. The 2007 amendment added the subdivision designations; in (2), substituted “ten-digit” for “seven-digit” and added “from a wire line, wireless, voice over internet protocol, or any non-traditional phone service”; substituted “Arkansas” for “CMRS” in (4); inserted present (14), (15), and (17) and redesignated the remaining subsections accordingly; in (24), substituted “landline telephone service, CMRS service, voice over internet protocol service, or any non-traditional phone service with the capability of placing a 911 call” for “telephone service or” and made a related change; and added (26), (27) and (28).

The 2009 amendment added present (22).

The 2013 amendment rewrote (17); and substituted “price lists, customer service contracts, or other methods of publishing service offerings that represent” for “and approved by the Arkansas Public Service Commission, which represents” in (26)(A) [now (27)(A)].

The 2015 amendment inserted the definition of “Secondary public safety answering point”.

The 2019 amendment rewrote the section.

U.S. Code. The federal definition of commercial mobile service referred to in subdivision (7)(A) of this section is codified as 47 U.S.C. § 332(d), and the definition of mobile service is codified as 47 U.S.C. § 153(33).

12-10-304. Public safety answering points.

    1. The chief executive of a political subdivision may:
      1. Designate the public safety answering point of another political subdivision to serve his or her political subdivision as a public safety answering point only; or
      2. Retain a dispatch center to serve both public safety answering point and dispatch functions.
    2. A designation under subdivision (a)(1) of this section shall be in the form of a written mutual aid agreement between the political subdivisions, with approval from the Arkansas 911 Board, and shall include that a fair share of funding shall be contributed by the political subdivision being served to the political subdivision operating the public safety answering point.
    3. Moneys necessary for the fair share of funding may be generated:
      1. As authorized in this subchapter;
      2. By funds received by or allocated by the Arkansas 911 Board; and
      3. By any other funds available to the political subdivision unless the use of the funds for 911 services is prohibited by law.
    4. If a designation under subdivision (a)(1) of this section and a mutual aid agreement are made, an additional public safety answering point shall not be created without termination of the mutual aid agreement.
  1. A public safety answering point established under this subchapter may serve the jurisdiction of more than one (1) public agency of the political subdivision or, through mutual aid agreements, more than one (1) political subdivision.
  2. This subchapter does not prohibit or discourage in any manner the formation of multiagency or multijurisdictional public safety answering points.
  3. The chief executive of a political subdivision may contract with a private entity to operate a public safety answering point under rules established by the Arkansas 911 Board.

History. Acts 1985, No. 683, §§ 2, 4, 7; A.S.A. 1947, §§ 73-1823, 73-1825, 73-1828; Acts 2019, No. 660, § 3.

Amendments. The 2019 amendment substituted “Public safety answering points” for “911 communication centers — Creation” in the section heading, and rewrote the section.

12-10-305. Arkansas 911 Board.

    1. There is created the Arkansas 911 Board to consist of the following members:
      1. The Director of the Division of Emergency Management or his or her designee;
      2. The Auditor of State or his or her designee;
      3. The State Geographic Information Officer of the Arkansas Geographic Information Systems Office or his or her designee;
      4. One (1) county judge appointed by the Association of Arkansas Counties;
      5. One (1) mayor appointed by the Arkansas Municipal League;
      6. One (1) 911 coordinator, director, or telecommunicator appointed by the Speaker of the House of Representatives;
      7. One (1) 911 coordinator, director, or telecommunicator appointed by the President Pro Tempore of the Senate;
      8. One (1) police chief appointed by the Arkansas Association of Chiefs of Police; and
      9. The following members to be appointed by the Governor:
        1. One (1) Emergency Management Director of a political subdivision;
        2. One (1) sheriff;
        3. One (1) representative of emergency medical services; and
        4. One (1) fire chief.
      1. The members under subdivisions (a)(1)(G), (a)(1)(I)(i), (a)(1)(I)(iii), and (a)(1)(I)(iv) of this section shall serve a term of two (2) years.
      2. The members under subdivisions (a)(1)(D), (a)(1)(E), (a)(1)(F), (a)(1)(H), and (a)(1)(I)(ii) of this section shall serve a term of four (4) years.
    2. Vacancies shall be filled in the same manner as the original appointment and each member shall serve until a qualified successor is appointed.
    3. The Director of the Division of Emergency Management shall serve as the chair and call the first meeting no later than thirty (30) days after the appointment of the majority of the members of the Arkansas 911 Board.
    4. The Arkansas 911 Board shall establish bylaws.
  1. The duties of the Arkansas 911 Board shall include without limitation:
      1. Developing a plan no later than January 1, 2022, to provide funding for no more than seventy-seven (77) public safety answering points to operate in the state.
      2. If the Arkansas 911 Board determines it is necessary, the Arkansas 911 Board may provide funding for more or fewer than seventy-seven (77) public safety answering points with a two-thirds (2/3) vote of the Arkansas 911 Board;
    1. Within one (1) year of July 24, 2019, promulgating rules necessary to:
      1. Establish guidelines for Arkansas public safety answering points in accordance with the Association of Public-Safety Communications Officials International, Inc. and the National Emergency Number Association;
      2. Create standards for public safety answering point interoperability between counties and states; and
      3. Assist all public safety answering points in implementing a next generation 911 system in the State of Arkansas;
    2. Receiving and reviewing all 911 certifications submitted by public safety answering points in accordance with standards developed by the Arkansas 911 Board;
    3. Auditing any money expended by a political subdivision for the operation of a service supplier;
      1. Providing an annual report to the Governor and the Legislative Council.
      2. The report shall include a review and assessment of sustainability and the feasibility of further reduction of the required number of public safety answering points resulting from the standardization of operational processes and training and the implementation of next generation 911 service;
    4. Establishing and maintaining an interest-bearing account into which shall be deposited revenues transferred to the Arkansas 911 Board from the Arkansas Public Safety Trust Fund and the Arkansas Emergency Telephone Services Board; and
    5. Managing and disbursing the funds from the interest-bearing account described in subdivision (b)(6) of this section.
  2. The Arkansas 911 Board shall have all powers necessary to fulfill the duties of the Arkansas 911 Board, including without limitation power to enter, assign, and assume contracts.
  3. The Arkansas 911 Board shall disburse from the interest-bearing account described in subdivision (b)(6) of this section in the following manner:
      1. Not less than eighty-three and seventy-five hundredths percent (83.75%) of the total monthly revenues shall be distributed on a population basis to each political subdivision operating a public safety answering point that has the capability of receiving 911 calls on dedicated 911 trunk lines for expenses incurred for answering, routing, and proper disposition of 911 calls, including payroll costs, readiness costs, and training costs associated with wireless, voice over internet protocol, and nontraditional 911 calls.
      2. In determining the population basis for distribution of funds, the Arkansas 911 Board shall determine, based on the latest federal decennial census, the population of:
        1. All unincorporated areas of counties operating a public safety answering point that has the capacity to receive commercial mobile radio service, voice over internet protocol service, or nontraditional 911 calls on dedicated 911 trunk lines; and
        2. All incorporated areas of counties operating a public safety answering point that has the capacity to receive commercial mobile radio service, voice over protocol service, or nontraditional 911 calls on dedicated 911 trunk lines;
      1. Not more than fifteen percent (15%) of the total monthly revenues may be used:
        1. To purchase a statewide infrastructure for next generation 911, including without limitation ESINet, connectivity costs, and next generation 911 components and equipment; and
        2. By public safety answering points for upgrading, purchasing, programming, installing, and maintaining necessary data, basic 911 geographic information system mapping, hardware, and software, including any network elements required to supply enhanced 911 phase II cellular, voice over internet protocol, and other nontraditional telephone services, in connection with compliance with Federal Communications Commission requirements.
        1. A political subdivision operating a public safety answering point shall present invoices to the Arkansas 911 Board in connection with any request for reimbursement under subdivision (d)(2)(A)(ii) of this section.
        2. A request for reimbursement shall be approved by a majority vote of the Arkansas 911 Board.
      2. Any invoices presented to the Arkansas 911 Board for reimbursements of costs not described by subdivision (d)(2)(B)(ii) of this section may be approved only by a majority vote of the Arkansas 911 Board;
    1. Not more than one and twenty-five hundredths (1.25%) of the monthly revenues may be used by the Arkansas 911 Board to compensate the independent auditor and for administrative expenses, staff, and consulting services; and
    2. All interest received shall be disbursed as prescribed in this subsection.
  4. The Arkansas 911 Board may:
    1. Withhold for no less than six (6) months any additional revenue generated by the public safety charge and the prepaid public safety charge under this subchapter; and
    2. Calculate a monthly payment amount based on the prior calendar year certifications and remit that amount to the eligible governing body on a monthly basis.
    1. All cities and counties operating a public safety answering point shall submit to the Arkansas 911 Board no later than April 1 of each calendar year the following information in the form of a report:
      1. An explanation and accounting of the funds received by the city or county and expenditures of the funds received for the previous calendar year, along with a copy of the budget for the previous calendar year and a copy of the year-end appropriation and expenditure analysis of any participating or supporting counties, cities, or agencies;
      2. Any information requested by the Arkansas 911 Board concerning local public safety answering point operations, facilities, equipment, personnel, network, interoperability, call volume, telecommunicator training, and supervisor training;
      3. A copy of all documents reflecting 911 funds received for the previous calendar year, including without limitation wireless, wireline, general revenues, sales taxes, and other sources used by the city or county for 911 services; and
      4. The name of each telecommunicator, the telecommunicator's date of hire, the telecommunicator's date of termination, if applicable, and approved courses by the Arkansas Commission on Law Enforcement Standards and Training completed by the telecommunicator, including without limitation “train the trainer” courses.
    2. The chief executive for each public safety answering point shall gather the information necessary for the report under subdivision (f)(1) of this section and provide the report and a copy of the certification of the public safety answering point to the Arkansas 911 Board and to the county intergovernmental coordination council for use in conducting the annual review of services under § 14-27-104.
  5. The Arkansas 911 Board may withhold all or part of the disbursement to a public safety answering point if the report of an auditor or the Arkansas 911 Board otherwise confirms that the public safety answering point improperly used funds disbursed by the Arkansas 911 Board for purposes other than those authorized by § 12-10-323.
    1. Each county shall complete locatable address conversion of 911 physical address, assignment, and mapping within the county and certify to the Arkansas 911 Board that the locatable address conversion is completed no later than the last business day of February 2020.
    2. Failure to comply with this section may result in the Arkansas 911 Board's withholding funds from the public safety answering point.
  6. The Arkansas 911 Board may contract for 911 services in the implementation of the next generation 911.
    1. The Director of the Division of Emergency Management may:
      1. Enter, assign, assume, and execute contract extensions that would otherwise lapse during the transition period between the Arkansas Emergency Telephone Services Board and the Arkansas 911 Board; and
      2. Work with the Arkansas Emergency Telephone Services Board to ensure a smooth transition between the Arkansas Emergency Telephone Services Board and the Arkansas 911 Board.
    2. The Arkansas Emergency Telephone Services Board shall continue to receive and disburse funds and continue operations up to the last business day of December 2019.
    3. All emergency telephone service charges collected but not yet disbursed, other moneys, and any remaining balance in the interest-bearing account of the Arkansas Emergency Telephone Services Board shall be transferred to the Arkansas 911 Board by the last business day of December 2019.

History. Acts 2019, No. 660, § 3.

Publisher's Notes. Former § 12-10-305 is now codified as amended as § 12-10-304(a)-(c).

12-10-306. Communications personnel.

The staff and supervisors of a public safety answering point or dispatch center shall be:

    1. Paid employees, either sworn officers or civilians, of the operating agency designated by the chief executive of the political subdivisions.
    2. Personnel other than law enforcement or fire officers shall be considered public safety officers for the purposes of public safety communications or engaging by contract with the operating agency;
  1. Required to submit to criminal background checks for security clearances before accessing files available through the Arkansas Crime Information Center if the public safety answering point or dispatch center is charged with information service functions for criminal justice agencies of the political subdivision;
  2. Trained in operation of 911 system equipment and other training as necessary to operate a public safety answering point or dispatch center, or both;
  3. Subject to the authority of the affiliated agency and the chief executive of the political subdivision through the public safety answering point or dispatch center; and
    1. Required to immediately release without the consent or approval of any supervisor or other entity any information in their custody or control to a prosecuting attorney if requested by a subpoena issued by a prosecutor, grand jury, or any court for use in the prosecution or the investigation of any criminal or suspected criminal activity.
    2. The staff or supervisor of a public safety answering point or dispatch center, or both, an operating agency, and the service supplier are not liable in any civil action as a result of complying with a subpoena as required in subdivision (5)(A) of this section.

History. Acts 1985, No. 683, § 8; A.S.A. 1947, § 73-1829; Acts 2007, No. 651, § 1; 2009, No. 165, § 1; 2019, No. 660, § 3.

A.C.R.C. Notes. The repeal set out under § 12-10-306 in Acts 2019, No. 660, § 3, has been codified at § 12-10-307 to better reflect the provisions deleted and retained by Acts 2019, No. 660.

Amendments. The 2007 amendment added (a)(5).

The 2009 amendment inserted “911” in (a)(5)(B), and made a minor stylistic change.

The 2019 amendment substituted “Communications personnel” for “Public safety communications personnel” in the section heading, and rewrote the section.

12-10-307. [Repealed.]

A.C.R.C. Notes. The repeal set out under § 12-10-306 in Acts 2019, No. 660, § 3, has been codified at § 12-10-307 to better reflect the provisions deleted and retained by Acts 2019, No. 660.

Publisher's Notes. This section, concerning transmission of requests, was repealed by Acts 2019, No. 660, § 3, effective July 24, 2019. The section was derived from Acts 1985, No. 683, § 7; A.S.A. 1947, § 73-1828. For current law, see § 12-10-308(a).

12-10-308. Response to requests for emergency response inside and outside jurisdiction.

  1. A public safety answering point shall be capable of transmitting requests for law enforcement, firefighting, disaster, or major emergency response, emergency medical or ambulance services, or other emergency services to a public or private agency where the services are available to the political subdivision in the public safety answering point's jurisdiction.
  2. A public safety answering point or dispatch center, or both, which receives a request for emergency response outside its jurisdiction shall promptly forward the request to the public safety answering point or public safety agency responsible for that geographical area.
  3. Any emergency unit dispatched to a location outside its jurisdiction in response to such a request shall render service to the requesting party until relieved by the public safety agency responsible for that geographical area.
  4. Political subdivisions may enter into mutual aid agreements to carry out the provisions of this section.

History. Acts 1985, No. 683, § 7; A.S.A. 1947, § 73-1828; Acts 2019, No. 660, § 3.

Amendments. The 2019 amendment added (a) and redesignated the remaining subsections accordingly; and substituted “public safety answering point or dispatch center, or both” for “911 public safety communications center” in (b).

12-10-309. Requests from the hearing and speech impaired.

Each public safety answering point or dispatch center shall be equipped with a system for the processing of requests from the hearing and speech impaired for emergency response.

History. Acts 1985, No. 683, § 7; A.S.A. 1947, § 73-1828; Acts 2019, No. 660, § 3.

Amendments. The 2019 amendment substituted “public safety answering point or dispatch center” for “911 public safety communications center”.

12-10-310. Records of calls.

  1. The public safety answering point shall develop and maintain a system for recording 911 calls received at the public safety answering point.
  2. A dispatch center shall develop and maintain a system that has been approved by the Arkansas 911 Board for recording 911 calls transferred from a public safety answering point.
  3. All information contained with or attached to a 911 call, including without limitation short message service, text, video, and photographs, shall be retained.
  4. The records shall be retained for a period of at least one hundred eighty (180) days from the date of the call and shall include the following information:
    1. Date and time the call was received;
    2. The nature of the problem; and
    3. Action taken by the telecommunicators.

History. Acts 1985, No. 683, § 7; A.S.A. 1947, § 73-1828; Acts 2019, No. 660, § 3.

Amendments. The 2019 amendment in (a), substituted “public safety answering point” for “911 public safety communications center” and deleted the second sentence; inserted (b) and (c); redesignated former (b) as (d); substituted “one hundred eighty (180) days” for “thirty one (31) days” in the introductory language of (d); and substituted “telecommunicators” for “911 public safety communications center personnel” in (d)(3).

12-10-311, 12-10-312. [Repealed.]

Publisher's Notes. These sections, concerning methods of response and restricted use of 911, were repealed by Acts 2019, No. 660, § 3, effective July 24, 2019. The sections were derived from:

12-10-311. Acts 1985, No. 683, § 7; A.S.A. 1947, § 73-1828.

12-10-312. Acts 1985, No. 683, § 9; A.S.A. 1947, § 73-1830; Acts 2005, No. 1962, § 31.

For current law comparable to former § 12-10-312, see § 12-10-313(a).

12-10-313. Restrictions and nonemergency telephone number.

  1. The telephone number 911 is restricted to emergency calls that may result in dispatch of the appropriate response service for fire suppression and rescue, emergency medical services or ambulance, hazardous material incidents, disaster or major emergency occurrences, and law enforcement activities.
  2. Any person calling the telephone number 911 for the purpose of making a false alarm or complaint or reporting false information that could result in the emergency dispatch of any public safety agency upon conviction is guilty of a Class A misdemeanor.
  3. Each public safety answering point and dispatch center will maintain a published nonemergency telephone number, and nonemergency calls should be received on that number.
  4. Transfers of calls from 911 trunks to nonemergency numbers are discouraged because that ties up 911 trunks and may interfere with true emergency calls.

History. Acts 1985, No. 683, § 9; A.S.A. 1947, § 73-1830; Acts 2019, No. 660, § 3.

Amendments. The 2019 amendment added “Restrictions and” in the section heading; added (a) and (b); redesignated former (a) and (b) as (c) and (d); substituted “public safety answering point and dispatch center” for “911 public safety communications center” in (c); and deleted former (c).

12-10-314. Connection of network to automatic alarms, etc., prohibited.

No person shall connect to a service supplier's network any automatic alarm or other automatic alerting devices which cause the number 911 to be automatically dialed and provide a prerecorded message in order to directly access the services which may be obtained through a public safety answering point.

History. Acts 1985, No. 683, § 9; A.S.A. 1947, § 73-1830; Acts 2019, No. 660, § 3.

Amendments. The 2019 amendment substituted “public safety answering point” for “911 public safety communications center”.

12-10-315. [Repealed.]

Publisher's Notes. This section, concerning the penalty for a false alarm, complaint, or information, was repealed by Acts 2019, No. 660, § 3, effective July 24, 2019. The section was derived from Acts 1985, No. 683, § 10; A.S.A. 1947, § 73-1831. For current law, see § 12-10-313(b).

Cross References. Fines, § 5-4-201.

Imprisonment, § 5-4-401.

12-10-316. Public safety answering points — Access to information.

  1. A public safety answering point and dispatch center designated by the chief executive of the political subdivision may be considered an element in the communications network connecting state, county, and local authorities to a centralized state depository of information in order to serve the public safety and criminal justice community.
  2. A public safety answering point and dispatch center is restricted in that it may access files in the centralized state depository of information only for the purpose of providing information to:
    1. An end user as authorized by state law; and
    2. An authorized recipient of the contents of those files, in the absence of serving as an information service agency.
  3. The designation of the public safety answering point as an information provider to an authorized recipient and an agency of a political subdivision shall be made by the chief executive of each political subdivision.

History. Acts 1985, No. 683, § 7; A.S.A. 1947, § 73-1828; Acts 2005, No. 1962, § 32; 2019, No. 660, § 3.

Amendments. The 2005 amendment inserted the (1), (1)(A), (1)(B) and (2) designations in (b) and made related changes; in present (b)(1), deleted “these” preceding “files” and inserted “in the centralized state depository of information”; in present (b)(2), added “The 911 public safely communication centers” and substituted “shall” for “will” and “have” for “be authorized”; and made minor stylistic changes.

The 2019 amendment substituted “Public safety answering points” for “911 centers” in the section heading; substituted “public safety answering point and dispatch center” for “911 public safety communications center” in (a) and in the introductory language of (b); redesignated (b)(1) as (b); redesignated (b)(1)(A) and (b)(1)(B) as (b)(1) and (b)(2), respectively; deleted former (b)(2); and inserted “of the public safety answering point” in (c).

12-10-317. Public safety answering point — Operation — Rights, duties, liabilities, etc., of service providers.

    1. Each service provider shall forward to any public safety answering point equipped for enhanced 911 service the telephone number and street address of any telephone used to place a 911 call.
    2. Subscriber information provided in accordance with this subsection shall be used only for the purpose of responding to requests for emergency service response from public or private safety agencies, for the investigation of false or intentionally misleading reports of incidents requiring emergency service response, or for other lawful purposes.
    3. A service provider, agents of a service provider, political subdivision, or officials or employees of a political subdivision are not liable to any person who uses the enhanced 911 service established under this subchapter for release of the information specified in this section or for failure of equipment or procedure in connection with enhanced 911 service or basic 911 service.
    1. The public safety answering point and dispatch center shall be notified in advance by an authorized service provider representative of any routine maintenance work to be performed that may affect the 911 system's reliability or capacity.
    2. The work shall be performed during the public safety answering point's off-peak hours.

History. Acts 1985, No. 683, § 7; A.S.A. 1947, § 73-1828; Acts 2019, No. 660, § 3.

Amendments. The 2019 amendment substituted “Public safety answering point” for “911 center” in the section heading; inserted the first occurrence of “response” in (a)(2); in (a)(3), substituted “A service” for “No service” and substituted “are not liable” for “shall be liable”; redesignated (b) as (b)(1) and (b)(2); in (b)(1), substituted “public safety answering point and dispatch center” for “911 public safety communications center”, and “system’s” for “system”; substituted “point’s” for “point” in (b)(2); and made stylistic changes.

12-10-318. Emergency telephone service charges — Imposition — Liability — Public safety charge.

      1. When so authorized by a majority of the persons voting within the political subdivision in accordance with the law, the governing authority of each political subdivision may levy an emergency telephone service charge in the amount assessed by the political subdivision on a per-access-line basis as of January 1, 1997, or the amount up to five percent (5%) of the tariff rate, except that any political subdivision with a population of less than twenty-seven thousand five hundred (27,500) according to the 1990 Federal Decennial Census may, by a majority vote of the electors voting on the issue, levy an emergency telephone charge in an amount assessed by the political subdivision on a per-access-line basis as of January 1, 1997, or an amount up to twelve percent (12%) of the tariff rate.
      2. The governing authority of a political subdivision that has been authorized under subdivision (a)(1)(A) of this section to levy an emergency telephone service charge in an amount up to twelve percent (12%) of the tariff rate may decrease the percentage rate to not less than four percent (4%) of the tariff rate for those telephone service users that are served by a telephone company with fewer than two hundred (200) access lines in this state as of the date of the election conducted under subdivision (a)(1)(A) of this section.
    1. Upon its own initiative, the governing authority of the political subdivision may call such a special election to be held in accordance with § 7-11-201 et seq.
      1. There is levied a commercial mobile radio service public safety charge in an amount of one dollar and thirty cents ($1.30) per month per commercial mobile radio service connection that has a place of primary use within the State of Arkansas.
      2. There is levied a voice over internet protocol public safety charge in an amount of one dollar and thirty cents ($1.30) per month per voice over internet protocol connection that has a place of primary use within the State of Arkansas.
      3. There is levied a nontraditional telephone public safety charge in an amount of one dollar and thirty cents ($1.30) per month per nontraditional service connection that has a place of primary use within the State of Arkansas.
      4. The service charge levied in subdivision (b)(1)(A) of this section and collected by commercial mobile radio service providers that provide mobile telecommunications services as defined by the Mobile Telecommunications Sourcing Act, Pub. L. No. 106-252, as in effect on January 1, 2001, shall be collected pursuant to the Mobile Telecommunications Sourcing Act, Pub. L. No. 106-252.
      1. The service charges collected under subdivisions (b)(1)(A)-(C) of this section shall be remitted to the Arkansas Emergency Telephone Services Board within thirty (30) days after the end of the month in which the fees are collected.
        1. After September 30, 2019, the public safety charge collected under subdivisions (b)(1)(A)-(C) of this section shall be remitted to the Arkansas Public Safety Trust Fund.
        2. Due to the confidential and proprietary nature of the information submitted by commercial mobile radio service providers, the information shall be retained by the independent auditor in confidence, shall be subject to review only by the Auditor of State, and shall not be subject to the Freedom of Information Act of 1967, § 25-19-101 et seq., nor released to any third party.
        3. The information collected by the independent auditor shall be released only in aggregate amounts that do not identify or allow identification of numbers of subscribers or revenues attributable to an individual commercial mobile radio service provider.
  1. In order to provide additional funding for the public safety answering point, the political subdivision may receive and appropriate any federal, state, county, or municipal funds, as well as funds from a private source, and may expend the funds for the purposes of this subchapter.
  2. The public safety charge shall:
    1. Appear as a single line item on a subscriber's bill;
    2. Not be assessed upon more than two hundred (200):
      1. Exchange access facilities per person per location; or
      2. Voice over internet protocol connections per person per location; and
    3. Not be subject to any state or local tax or franchisee fee.
    1. To verify the accuracy of the monthly remittances that a service supplier makes to the Arkansas Public Safety Trust Fund, a service supplier shall provide copies of required federal filings at least biannually to the Division of Emergency Management.
    2. No later than thirty (30) days following the filing of the required federal telecommunications reports, a service supplier shall provide a copy of the federal filing, and the Federal Communications Commission Form 477 or its equivalent, including the number of access lines used by the service supplier in the state.
      1. Due to the proprietary nature of the information in the reports required in subdivision (e)(1) of this section which, if disclosed, would provide a competitive advantage for other service suppliers, the reports shall be confidential and only subject to review by:
        1. The Director of the Division of Emergency Management; and
        2. The designee of the Arkansas 911 Board.
      2. However, audit reports may be released that contain only aggregate numbers and do not disclose proprietary information including numbers or revenue attributable to an individual service supplier.
  3. This section does not prohibit a service supplier from billing, collecting, or retaining an additional amount to reimburse the service supplier for enabling and providing 911, enhanced 911, and next generation 911 services and capabilities in the network and for the facilities and associated equipment.
    1. To avoid an overlap in the assessment of the old and new charges for subscribers for every service supplier obligated to pay the public safety charge, a transition to the payment of the public safety charge shall occur.
      1. The assessment of charges before October 1, 2019, shall continue through September 30, 2019, and be remitted in the same manner to the same entity as previously prescribed under this section before October 1, 2019.
      2. Any unpaid assessments for the time period up to and including September 30, 2019, shall remain due and payable under the terms and processes that are or were in place at the time.
    2. Beginning on October 1, 2019, a service supplier is subject to the public safety charges assessed as described in this section.
      1. After October 1, 2019, a service supplier shall remit all assessments of the public safety charge for a calendar month by the fifteenth business day of the following month to the Arkansas Public Safety Trust Fund.
      2. The Arkansas Public Safety Trust Fund shall provide disbursements as provided by § 19-5-1152.
  4. To provide additional funding for the public safety answering point, the political subdivision may:
    1. Receive and appropriate any federal, state, county, or municipal funds and funds from a private source; and
    2. Expend the funds described in subdivision (h)(1) of this section to operate and maintain a public safety answering point.
    1. Notwithstanding any other provision of the law, in no event shall any commercial mobile radio, voice over internet protocol service, or nontraditional service provider, or its officers, employees, assigns, or agents be liable for civil damages or criminal liability in connection with the development, design, installation, operation, maintenance, performance, or provision of a 911 service.
    2. Nor shall any commercial mobile radio, voice over internet protocol, or nontraditional service provider, its officers, employees, assigns, or agents be liable for civil damages or be criminally liable in connection with the release of subscriber information to any governmental entity as required under the provisions of this subchapter.

History. Acts 1985, No. 683, § 5; A.S.A. 1947, § 73-1826; Acts 1995, No. 627, § 1; 1997, No. 106, § 1; 1997, No. 810, § 2; 1997, No. 952, § 1; 1999, No. 46, § 1; 2001, No. 907, § 3; 2003, No. 111, § 1; 2003, No. 1792, § 1; 2005, No. 1997, § 1; 2005, No. 2145, § 16; 2007, No. 582, § 2; 2007, No. 1049, § 33; 2009, No. 1221, § 2; 2009, No. 1480, § 48; 2011, No. 640, § 1; 2013, No. 623, §§ 3-5; 2013, No. 1170, § 1; 2015, No. 919, § 2; 2019, No. 660, § 4; 2019, No. 910, §§ 5834, 5835.

A.C.R.C. Notes. Pursuant to § 1-2-207, subdivision (a)(2) of this section is set out as amended by Acts 2007, No. 1049, § 33. Acts 2007, No 582, § 2 amended former subdivision (a)(2)(B)(i) to read as follows:

“The special election shall occur on the second Tuesday of any month unless the second Tuesday of the month is a legal holiday in which event the special election shall be held on the third Tuesday of the month.”

As enacted by Acts 2009, No. 1221, § 2, the last sentence of subdivision (c)(2)(b)(ii) (a) of this section reads: “The board shall report to Legislative Council in the event the sum held under this subdivision becomes less than three million five hundred dollars ($3,500,000).” The omission of “thousand” appears to be a typographical error.

Acts 2019, No. 910, §§ 5834 and 5835 amended former subdivisions (c)(1)(D) and (c)(2)(B)(i) (b) of this section to replace “Arkansas Department” with “Division” and “Arkansas Commission on” with “Division of”. However, Acts 2019, No 660, § 4 specifically repealed these subdivisions.

Amendments. The 2005 amendment by No. 1997, in (b)(1)(A), substituted “forty cents (40¢)” for “fifty cents (50¢),” “place of primary use” for “billing address,” and deleted “or with respect to which the mobile identification number for the commercial mobile radio service connection contains an area code assigned to Arkansas by the North American Numbering Plan Administrator” at the end; rewrote (b)(1)(B)(i); in (b)(1)(B)(ii), deleted “approved by the voters and” preceding “implemented,” and substituted “forty cents (40¢)” for “fifty cents (50¢)”; in (b)(1)(C), deleted “and (B)” following “(b)(1)(A),” and inserted “less administrative fees under subdivision (b)(3) of this section”; deleted “approved by the voters and” preceding “implemented” in (b)(1)(E); deleted (b)(2)(B)(ii) and redesignated the remaining subdivisions accordingly; in present (b)(2)(B)(ii), substituted “less than forty-nine percent (49%)” for “more than thirty-eight percent (38%)” and inserted “and remitted” following “collected”; in present (b)(2)(B)(ii), substituted “more than forty-nine percent (49%)” for “less than fifty-eight percent (58%),” inserted “and remitted” following “collected,” deleted “and the commercial mobile radio service providers licensed to do business in Arkansas” following “public safety answering points” and inserted “basic 911 mapping”; in (b)(2)(B)(ii) (c) , substituted “Not more than one percent (1%)” for “Up to three percent (3%)”; added (b)(2)(B)(ii) (e) ; and, in present (b)(2)(B)(iv), deleted “and commercial mobile radio service providers” and substituted “subdivision (b)(1)(A)” for “subdivisions (b)(1)(A) and (B).”

The 2005 amendment by No. 2145 added (a)(2)(B).

The 2009 amendment by No. 1221 substituted “sixty-five cents (65¢)” for “fifty cents (50¢)” in (b)(1)(A)(i), (b)(1)(A)(ii) (b) , (b)(1)(B)(i), (b)(1)(B)(ii) (a) , (b)(1)(C), and (b)(1)(D); in (c)(2)(B)(i), substituted “eighty-three and five-tenths percent (83.5%)” for “forty-nine percent (49%)” and inserted “readiness costs”; in (c)(2)(B)(ii) (a) , substituted “fifteen percent (15%)” for “forty-nine percent (49%)” and inserted the last sentence; inserted “and maintaining” in (c)(2)(B)(ii) (b) ; substituted “five-tenths percent (0.5%)” for “one percent (1%)” in (c)(2)(B)(iii); in (c)(2)(B)(v) (a) , substituted “April 1” for “March 1” and inserted “along with a copy ... counties, cities, or agencies”; inserted (c)(2)(B)(v) (b)(2) and redesignated the existing text of (c)(2)(B)(v) (b) accordingly; and made related changes.

The 2009 amendment by No. 1480 substituted “§ 7-11-201 et seq.” for “§ 7-5-103(b)” in (a)(2).

The 2011 amendment inserted (c)(2)(B)(i) (b) ; inserted “(c)(2)(B)(ii) (a) ” in (c)(2)(B)(ii) (a) ; and substituted “rules” for “regulations” in (c)(2)(C)(i).

The 2013 amendment by No. 623 deleted former (b)(1)(B) and redesignated the remaining subdivisions accordingly; in (b)(1)(D), deleted “Except for prepaid wireless telephone service” from the beginning, deleted “and any additional amounts implemented under subdivision (b)(1)(B) of this section” preceding “and collected”, and inserted “Pub. L. No. 106-252”; substituted “shall” for “will” in (c)(2)(A); substituted “interest-bearing account established under subdivision (c)(2)(A)” for “the account levied under subdivision (b)(1)(A)” in (c)(2)(B); inserted “and prepaid wireless E911 charges under § 12-10-326” in (c)(2)(A), (c)(2)(B)(i) (a) , (c)(2)(B)(ii) (a) , (c)(2)(B)(iii), and (c)(2)(D); and inserted “from service charges” in (c)(2)(D).

The 2013 amendment by No. 1170 added (c)(1)(D) through (c)(1)(F).

The 2015 amendment substituted “two hundred thousand dollars ($200,000)” for “one hundred twenty thousand dollars ($120,000)” in (c)(2)(B)(i) (b) ; redesignated (c)(2)(B)(v) (a) as (c)(2)(B)(v) (a)(1) and inserted designation (A) in that subdivision; added (c)(2)(B)(v) (a)(1)(B) ; substituted “operating a public safety answering point or a secondary public safety answering point” for “receiving funds under this section” in the introductory language of (c)(2)(B)(v) (a)(1) ; added (c)(2)(B)(v) (a)(2) through (4) ; inserted (c)(2)(B)(v) (b) and (c) and redesignated the remaining subdivisions of (c)(2)(B)(v) accordingly; and substituted “under” for “to ensure that the funds have been properly utilized according to” in present (c)(2)(B)(v) (d)(1)

The 2019 amendment by No. 660 rewrote the section.

The 2019 amendment by No. 910 substituted “Division of Emergency Management” for “Arkansas Department of Emergency Management” in (c)(1)(D); and substituted “Division of Law Enforcement Standards and Training” for “Arkansas Commission on Law Enforcement Standards and Training” in (c)(2)(B)(i) (b)

U.S. Code. The Mobile Telecommunications Sourcing Act, Pub. L. No. 106-252, is codified as 4 U.S.C. § 116 et seq.

Cross References. Optional provision of database to vendors, § 23-17-413.

Effective Dates. Acts 2019, No. 660, § 11: Oct. 1, 2019. Effective date clause provided: “Sections 4 and 8 of this act are effective on and after October 1, 2019”.

Research References

U. Ark. Little Rock L. Rev.

Survey of Legislation, 2001 Arkansas General Assembly, Tax Law, 24 U. Ark. Little Rock L. Rev. 613.

12-10-319, 12-10-320. [Repealed.]

Publisher's Notes. These sections, concerning reduction and suspension of emergency telephone service charges, and duties, rights, and liability of service supplier in relation to emergency telephone service charges, were repealed by Acts 2019, No. 660, § 5, effective July 24, 2019. The sections were derived from:

12-10-319. Acts 1985, No. 683, § 5; A.S.A. 1947, § 73-1826.

12-10-320. Acts 1985, No. 683, § 5; A.S.A. 1947, § 73-1826.

12-10-321. Public safety answering points — Bonds.

  1. The governing authority of the political subdivision shall have power to incur debt and issue bonds with approval from the Arkansas 911 Board for 911 systems and public safety answering point implementation and future major capital items.
  2. The bonds shall be negotiable instruments and shall be solely the obligations of each political subdivision and not of the State of Arkansas.
  3. The bonds and income thereof shall be exempt from all taxation in the State of Arkansas.
  4. The bonds shall not be general obligations but shall be special obligations payable from all or a specified portion of the income revenues and receipts of the political subdivision and designated by the political subdivision to be dedicated for the local 911 system and public safety answering point.
    1. The bonds shall be authorized and issued by ordinance of the governing authority of each political subdivision.
    2. The bonds shall:
      1. Be of such series as the ordinance provides;
      2. Mature on such date or dates not exceeding thirty (30) years from date of the bonds as the ordinance provides;
      3. Bear interest at such rate or rates as the ordinance provides;
      4. Be in such denominations as the ordinance provides;
      5. Be in such form either coupon or fully registered without coupon as the ordinance provides;
      6. Carry such registration and exchangeability privileges as the ordinance provides;
      7. Be payable in such medium of payment and at such place or places within or without the state as the ordinance provides;
      8. Be subject to such terms of redemption as the ordinance provides;
      9. Be sold at public or private sale as the ordinance provides; and
      10. Be entitled to such priorities on the income, revenues, and receipts generated by the emergency telephone service charge as the ordinance provides.
  5. The ordinance may provide for the execution of a trust indenture or other agreement with a bank or trust company located within or without the state to set forth the undertakings of the political subdivision.
  6. The ordinance or such agreement may include provisions for the custody and investment of the proceeds of the bonds and for the deposits and handling of income, revenues, and receipts for the purpose of payment and security of the bonds and for other purposes.
  7. The Arkansas 911 Board may cooperate and contract with the Arkansas Development Finance Authority to provide for the payment of the principal of, premium if any, interest on, and trustee's and paying agent's fees in connection with bonds issued to finance the acquisition, construction, and operation of the next generation 911 infrastructure for the purposes of establishing a statewide ESINet as required by this subchapter with the review of the General Assembly.

History. Acts 1985, No. 683, § 5; A.S.A. 1947, § 73-1826; Acts 2019, No. 660, § 6.

Amendments. The 2019 amendment substituted “Public safety answer points” for “911 centers” in the section heading; in (a), inserted “with approval from the Arkansas 911 Board” and substituted “public safety answering point” for “911 public safety communications center”; rewrote (d); and added (h).

12-10-322. Direct access to 911 services required for multiline telephone systems.

  1. A covered multiline telephone system shall allow, as a default setting, any station equipped with dialing facilities to directly initiate a 911 call without requiring a user to dial any other digit, code, prefix, suffix, or trunk access code.
  2. A business service user that owns or controls a multiline telephone system or an equivalent system that uses voice over internet protocol enabled service and provides outbound dialing capacity or access shall configure the multiline telephone system or equivalent system to allow a person initiating a 911 call on the multiline telephone system to directly access 911 service by dialing the digits “911” without an additional digit, code, prefix, suffix, or trunk access code.
  3. A public or private entity that installs or operates a multiline telephone system shall ensure that the multiline telephone system is connected to allow a person initiating a 911 call on the multiline telephone system to directly access 911 service by dialing the digits “911” without an additional digit, code, prefix, suffix, or trunk access code.

History. Acts 1985, No. 683, § 5; A.S.A. 1947, § 73-1826; Acts 2019, No. 660, § 6.

Publisher's Notes. For current provisions concerning the former subject matter of this section before the 2019 amendment, see § 12-10-318(c).

Amendments. The 2019 amendment substituted “Direct access to 911 services required for multiline telephone systems” for “911 centers — Federal, state, local, etc. funds” in the section heading, and rewrote the section.

12-10-323. Authorized expenditures of revenues.

    1. Revenue generated under §§ 12-10-318 and 12-10-326 and transferred from the Arkansas Emergency Telephone Services Board or the Arkansas Public Safety Trust Fund to the Arkansas 911 Board shall be used only for reasonably necessary costs that enhance, operate, and maintain 911 service in the State of Arkansas under the direction of the Arkansas 911 Board.
    2. Reasonably necessary costs shall be determined by the Arkansas 911 Board and include the following:
      1. The engineering, installation, and recurring costs necessary to implement, operate, and maintain a 911 telephone system;
      2. The costs necessary for forwarding and transfer capabilities of calls from the public safety answering point to dispatch centers or to other public safety answering points;
      3. Engineering, construction, lease, or purchase costs to lease, purchase, build, remodel, or refurbish a public safety answering point and for necessary emergency and uninterruptable power supplies for the public safety answering point;
      4. Personnel costs, including salary and benefits, of each position charged with supervision and operation of the public safety answering point and system;
      5. Purchase, lease, operation, and maintenance of consoles, telephone and communications equipment owned or operated by the political subdivisions and physically located within and for the use of the public safety answering point, and radio or microwave towers and equipment with lines that terminate in the public safety answering point;
      6. Purchase, lease, operation, and maintenance of computers, data processing equipment, associated equipment, and leased audio or data lines assigned to and operated by the public safety answering point for the purposes of coordinating or forwarding calls, dispatch, or recordkeeping of 911 calls;
      7. Supplies, equipment, public safety answering point personnel training, vehicles, and vehicle maintenance, if such items are solely and directly related to and incurred by the political subdivision in mapping, addressing, and readdressing for the operation of the public safety answering point; and
      8. Training costs and all costs related to training under this subchapter.
    3. This subsection does not authorize a political subdivision to purchase emergency response vehicles, law enforcement vehicles, or other political subdivision vehicles from such funds.
  1. Expenditure of revenue distributed by the Arkansas 911 Board for purposes not identified in this section is prohibited.
  2. Failure to comply with this section may result in the Arkansas 911 Board's withholding funds from the public safety answering point's quarterly funding distribution.
  3. Appropriations of funds from any source other than §§ 12-10-318, 12-10-321, and 12-10-326 may be expended for any purpose and may supplement the authorized expenditures of this section and may fund other activities of the public safety answering point not associated with the provision of emergency services.

History. Acts 1985, No. 683, § 6; A.S.A. 1947, § 73-1827; Acts 1989, No. 524, § 1; 1991, No. 1196, § 5; 1997, No. 952, § 2; 2003, No. 176, § 1; 2011, No. 640, § 2; 2019, No. 660, § 6.

Amendments. The 2011 amendment substituted “coordinating or forwarding calls” for “coordinating, forwarding of calls” in (a)(1)(F); and added (a)(1)(H).

The 2019 amendment rewrote the section.

12-10-324. Response to call — Entrance procedures.

When responding to a 911 emergency call received at a public safety answering point, public safety officers of public safety agencies may use reasonable and necessary means to enter any dwelling, dwelling unit, or other structure without the express permission of the owner when:

  1. The dwelling or structure is believed to be the geographical location of the telephone used to place the 911 emergency call as determined by an automatic locator or number identifier; and
  2. Only after reasonable efforts have been made to arouse and alert any inhabitants or occupants of their presence and the officers have reason to believe that circumstances exist which pose a clear threat to the health of any person or they have reason to believe there may be a person in need of emergency medical attention present in the dwelling or structure who is unable to respond to their efforts.

History. Acts 1993, No. 1032, § 1.

12-10-325. Training standards.

    1. A public safety agency, a public safety answering point, or a dispatch center may provide training opportunities for public safety answering point and dispatch center personnel through the Division of Law Enforcement Standards and Training and the Arkansas Law Enforcement Training Academy.
    2. The division shall develop training standards for telecommunicators, dispatchers, supervisors, and instructors in Arkansas in consultation with the Association of Public-Safety Communications Officials International, Inc., and the Arkansas 911 Board and submit the training standards to the Arkansas Commission on Law Enforcement Standards and Training for approval.
      1. Training for instructors may include without limitation instructor development, course development, leadership development, and other appropriate 911 instructor training.
      2. Training for telecommunicators, dispatchers, and supervisors may include without limitation:
        1. Call taking;
        2. Customer service;
        3. Stress management;
        4. Mapping;
        5. Call processing;
        6. Telecommunication and radio equipment training;
        7. Training with devices for the deaf;
        8. Autism;
        9. National Incident Management System training;
        10. Incident Command System training;
        11. National Center for Missing and Exploited Children training;
        12. National Emergency Number Association training;
        13. Association of Public-Safety Communications Officials International, Inc., training; and
        14. Other appropriate 911 dispatcher and supervisor training.
    3. An entity that provides training under subdivision (a)(1) of this section shall:
      1. Retain training records created under this section; and
      2. Deliver an annual report to the Arkansas 911 Board of training provided by the entity to verify the dispatcher and supervisor training reported as completed by each public safety answering point annually under § 12-10-318.
    1. A private safety agency may attend training or receive instruction at the invitation of the division.
    2. The division may assess a fee on a private safety agency invited to attend training or receive instruction under this subsection to reimburse the division for costs associated with the training or instruction.
    1. All public safety answering points shall have at least sixty percent (60%) of telecommunicators working in the public safety answering point trained.
    2. All telecommunicators working at a public safety answering point who have worked as a telecommunicator for one (1) year or longer shall be trained.

History. Acts 2011, No. 640, § 3; 2015, No. 919, § 3; 2019, No. 660, § 7; 2019, No. 910, §§ 5836, 5837.

Amendments. The 2015 amendment substituted the second occurrence of “communications” for “communication” in (a)(1); inserted “supervisors” in (a)(2) and “and supervisors” in the introductory language of (a)(3)(B); in (a)(3)(B), added roman numeral designations and inserted (a)(3)(B)(ix) through (xiii); inserted “and supervisor” in (a)(3)(B)(xiv); in (a)(4), substituted “shall” for “may”, inserted designation (A), and added (B); and rewrote (b).

The 2019 amendment by No. 660 rewrote (a); added (c); and made stylistic changes.

The 2019 amendment by No. 910 substituted “Division of Law Enforcement Standards and Training” for “Arkansas Commission on Law Enforcement Standards and Training and the Arkansas Law Enforcement Training Academy” in (a)(1), and substituted “division” for “Arkansas Law Enforcement Training Academy” in (a)(2); and substituted “division” for “commission” throughout (b).

12-10-326. Prepaid wireless public safety charge — Definitions.

  1. As used in this section:
    1. “Consumer” means a person who purchases prepaid wireless telecommunications service in a retail transaction;
    2. “Occurring in this state” means a retail transaction that is:
      1. Conducted in person by a consumer at a business location of a seller in this state;
      2. Treated as occurring in this state for purposes of the gross receipts tax provided under § 26-52-521(b); or
      3. Taxable under § 26-53-106;
    3. “Prepaid wireless public safety charge” means the charge for prepaid wireless telecommunications service that is required to be collected by a seller from a consumer under subsection (b) of this section;
      1. “Prepaid wireless service” means any prepaid wireless service sold to consumers in the state.
      2. “Prepaid wireless service” includes without limitation:
        1. Prepaid wireless cards;
        2. Telephones or other devices that are loaded with prepaid wireless minutes; and
        3. Any transaction that reloads a prepaid wireless card or a telephone or other device with prepaid wireless minutes;
    4. “Provider” means a person that provides prepaid wireless telecommunications service under a license issued by the Federal Communications Commission;
      1. “Retail transaction” means each purchase of prepaid wireless telecommunications service from a seller for any purpose other than resale.
        1. “Retail transaction” includes a separate purchase of prepaid wireless telecommunications service that is paid contemporaneously with another purchase of prepaid wireless telecommunications service if separately stated on an invoice, receipt, or similar document provided by the seller to the consumer at the time of sale.
        2. “Retail transaction” includes a recharge as defined in § 26-52-314 of prepaid wireless telecommunications service;
    5. “Seller” means a person who sells prepaid wireless telecommunications service to another person; and
    6. “Wireless telecommunications service” means a commercial mobile radio service as defined under § 12-10-303.
    1. For each retail transaction occurring in this state, a seller of prepaid wireless services shall collect from the consumer a public safety charge equal to ten percent (10%) of the value of the prepaid wireless service.
      1. The amount of the prepaid wireless public safety charge shall be stated separately on an invoice, receipt, or similar document that is provided to the consumer at the time of sale by the seller or otherwise disclosed to the consumer.
      2. If the amount of the prepaid wireless public safety charge is stated separately on an invoice, receipt, or similar document provided to the consumer at the time of sale by the seller, the amount of the prepaid wireless public safety charge shall not be included in the base for measuring any tax, fee, surcharge, or other charge that is imposed by the state, a political subdivision of the state, or an intergovernmental agency.
        1. To ensure there is no overlap of the E911 charge previously assessed under this section before October 1, 2019, and the new public safety charge assessed under subdivision (b)(1) of this section, a seller shall continue to collect the public safety charge in effect one (1) day before October 1, 2019, through September 30, 2019.
        2. The funds collected through September 30, 2019, shall be remitted according to the same terms and process as previously remitted under this section before October 1, 2019.
      3. On and after October 1, 2019, a seller shall begin collecting the public safety charge under subdivision (b)(1) of this section and shall remit the funds as prescribed in subsection (c) of this section.
    1. A seller shall electronically report and pay one hundred percent (100%) of the prepaid wireless public safety charge plus any penalties and interest due to the Secretary of the Department of Finance and Administration in the same manner and at the same time as the gross receipts tax under the Arkansas Gross Receipts Act of 1941, § 26-52-101 et seq.
    2. A seller that meets the prompt payment requirements of § 26-52-503 may deduct and retain two percent (2%) of the prepaid wireless public safety charge.
    1. The Arkansas Tax Procedure Act, § 26-18-101 et seq., applies to a prepaid wireless public safety charge.
    2. If the Department of Finance and Administration becomes aware of any seller who is not collecting and remitting the public safety charge, the department shall provide notice of the requirements under this section and the associated penalties for failure to pay the charge.
  2. The department shall pay all remitted prepaid wireless public safety funds to the Arkansas Public Safety Trust Fund on or before the fifteenth business day of December 2019 and on or before the fifteenth business day of each month thereafter.
  3. A provider or seller is not liable for damages to a person resulting from or incurred in connection with:
    1. Providing or failing to provide 911 service;
    2. Identifying or failing to identify the telephone number, address, location, or name associated with a person or device that is accessing or attempting to access 911 service; or
    3. Providing lawful assistance to a federal, state, or local investigator or law enforcement officer conducting a lawful investigation or other law enforcement activity.
  4. A provider or seller is not liable for civil damages or criminal liability in connection with:
    1. The development, design, installation, operation, maintenance, performance, or provision of 911 service; or
    2. The release of subscriber information to a governmental entity as required by this subchapter.
    1. The prepaid wireless public safety charge imposed by this section shall be the only E911 funding obligation imposed for prepaid wireless telecommunications service in this state.
    2. Except for the prepaid wireless public safety charge imposed under this section, no other tax, fee, surcharge, or other charge shall be imposed upon prepaid wireless telecommunication services by the state, a political subdivision of the state, or an intergovernmental agency for the purpose of implementing and supporting emergency telephone services.

History. Acts 2013, No. 623, § 6; 2019, No. 660, § 8; 2019, No. 910, § 3375.

Amendments. The 2019 amendment by No. 660 substituted “public safety charge” for “E911 service charges” in the section heading, and rewrote the section.

The 2019 amendment by No. 910 substituted “Secretary” for “Director” in (d)(1).

Effective Dates. Acts 2019, No. 660, § 11: Oct. 1, 2019. Effective date clause provided: “Sections 4 and 8 of this act are effective on and after October 1, 2019”.

12-10-327. Restriction on creation of public safety answering point.

A new public safety answering point shall not be established unless the new public safety answering point is established as a result of:

  1. Consolidation with an existing public safety answering point; or
  2. Replacement of an existing public safety answering point.

History. Acts 2017, No. 574, § 1; 2019, No. 660, § 9.

Amendments. The 2019 amendment deleted “until July 1, 2020” following “established” in the introductory language.

12-10-328. 911 addressing authority — Data maintenance.

  1. A chief executive shall designate a 911 addressing authority that shall create and maintain street centerline and address point data in a geographic information system format.
  2. The street centerline and address point data created under subsection (a) of this section shall:
    1. Be compatible with the standard database requirements and best practices developed by the Arkansas Geographic Information Systems Office as part of the Arkansas Master Address Program; and
    2. Be transmitted to the office by a method and with a frequency agreed upon by the office and the 911 addressing authority designated under subsection (a) of this section.

History. Acts 2017, No. 663, § 1.

Chapter 11 Prevention of Public Offenses

Cross References. State police, criminal investigation and prevention of crime, § 12-8-101 et seq.

12-11-101. Preventive measures.

The commission of public offenses may be prevented by proceedings:

  1. For suppressing riots and resistance to lawful authority;
  2. For requiring security to keep the peace or for good behavior; and
  3. For arresting and confining insane, drunken, and disorderly persons.

History. Crim. Code, § 9; C. & M. Dig., § 3323; Pope's Dig., § 4171; A.S.A. 1947, § 42-201.

Case Notes

Riot.

City chief of police had right to arrest plaintiffs under this section where they were in fact members of an unlawful or riotous assembly. Pritchard v. Downie, 216 F. Supp. 621 (E.D. Ark. 1963), aff'd, 326 F.2d 323 (8th Cir. 1964).

12-11-102. Unlawful assembly of twenty or more persons.

  1. When persons to the number of twenty (20) or more are unlawfully or riotously assembled in a city or town, the county sheriff of the county, his or her deputies, and the other peace officers and magistrates of the city or town, together with the mayor or other chief officer of the city or town, must go among the persons assembled or as near them as possible and in the name of the state command them to disperse.
  2. If the persons assembled do not immediately disperse, the magistrates and officers must arrest them or cause them to be arrested so that they may be punished according to law, and the magistrates and officers may command to their aid all persons present or in the county.
  3. If the persons commanded to aid the magistrates and officers neglect to do so without just cause, they shall be treated as a part of the rioters and punished accordingly.
  4. If a magistrate or officer named in this section, having notice of an unlawful or riotous assembly, neglects to proceed to the place of assembly, or as near as he or she can with safety, and exercise the authority invested in him or her to suppress the assembly and arrest the offenders, then the magistrate or officer is guilty of a misdemeanor.

History. Crim. Code, §§ 366-369; C. & M. Dig., §§ 3328-3331; Pope's Dig., §§ 4176-4179; A.S.A. 1947, §§ 42-206 — 42-209.

Publisher's Notes. This section, or portions thereof, may have been impliedly repealed by § 5-71-206.

Cross References. Fines, § 5-4-201.

Imprisonment, § 5-4-401.

Misdemeanors, § 5-1-107.

Case Notes

Failure to Disperse.

Plaintiffs were not falsely arrested or imprisoned where police officers were following their duty to arrest them as members of an unlawful and riotous assembly upon their failure to disperse upon command. Pritchard v. Downie, 216 F. Supp. 621 (E.D. Ark. 1963), aff'd, 326 F.2d 323 (8th Cir. 1964).

Neglect of Duty.

Jury instruction that if peace officers “neglected, failed or refused” to arrest members of lynch mob the jury should find the officers guilty of neglect of duty was not open to a general objection on the ground that it made the defendants liable whether they were able to make the arrests or not. Pennewell v. State, 105 Ark. 32, 150 S.W. 114 (1912).

Right to Arrest.

City chief of police was peace officer with right to arrest plaintiffs under this section where they were in fact members of an unlawful or riotous assembly. Pritchard v. Downie, 216 F. Supp. 621 (E.D. Ark. 1963), aff'd, 326 F.2d 323 (8th Cir. 1964).

Cited: Chapman v. State, 257 Ark. 415, 516 S.W.2d 598 (1974).

12-11-103. Unlawful assembly of three or more persons.

  1. When three (3) or more persons shall be riotously, unlawfully, or tumultuously assembled, it shall be the duty of any judge, justice of the peace, county sheriff, county coroner, or constable who shall have knowledge or be informed thereof to make a proclamation among the persons so assembled, or as near them as he or she can safely come, charging and commanding them immediately to disperse themselves and peaceably to depart to their habitations or lawful business.
  2. If upon the proclamation being made, the persons so assembled shall not immediately disperse and depart as commanded or if they shall resist the officer or prevent the making of the proclamation, then the officer shall command those present, and the power of the county if necessary, and shall disperse the unlawful assembly, arrest the offenders, and take them before some judicial officer, to be dealt with according to law.

History. Rev. Stat., ch. 44, div. 8, art. 1, §§ 2, 3; C. & M. Dig., §§ 3324, 3325; Pope's Dig., §§ 4172, 4173; A.S.A. 1947, §§ 42-211, 42-212.

Publisher's Notes. This section, or portions thereof, may have been impliedly repealed by § 5-71-206.

Case Notes

Cited: Pritchard v. Downie, 216 F. Supp. 621 (E.D. Ark. 1963); Chapman v. State, 257 Ark. 415, 516 S.W.2d 598 (1974).

12-11-104. Resistance to authority.

  1. When a county sheriff or other public officer authorized to execute process finds or has reason to believe that resistance will be made to the execution of the process, the county sheriff or public officer may command as many inhabitants of his or her county as he or she may think proper, and any military companies in his or her county, armed and equipped, to assist him or her in overcoming the resistance and in arresting and confining the resisters and their aiders and abettors to be punished according to law.
  2. The county sheriff or public officer shall report to the court from which the process issued the names of the resisters and their aiders and abettors so that they may be punished for contempt.
  3. Every person commanded by a county sheriff or public officer to assist him or her in the execution of process, who without lawful cause refuses or neglects to obey the command, is guilty of a Class A misdemeanor and contempt of the court from which the process issued.

History. Crim. Code, §§ 362-364; C. & M. Dig., §§ 3333-3335; Pope’s Dig., §§ 4181-4183; A.S.A. 1947, §§ 42-202 — 42-204; Acts 2005, No. 1994, § 198.

Amendments. The 2005 amendment deleted “male” preceding “inhabitants” in (a); and, in (c), inserted “Class A” preceding “misdemeanor.”

Cross References. Deputizing citizens by state police, § 12-8-110.

Procedures of arrest, § 16-81-107.

Refusing to assist officer, § 5-54-109.

Case Notes

Constitutionality.

This section was neither void on its face nor unconstitutional as applied to defendants convicted for refusing to assist police officer in effecting a misdemeanor arrest pursuant to a warrant. Williams v. State, 253 Ark. 973, 490 S.W.2d 117 (1973).

In General.

This section is an extension of the common law concept of posse comitatus, if not merely a codification thereof. Williams v. State, 253 Ark. 973, 490 S.W.2d 117 (1973).

Officer's Discretion.

The standards for action for a public officer in commanding assistance in overcoming resistance to the execution of process is adequately prescribed in this section; the exercise of discretion by the officer is in keeping with the history of posse comitatus and is necessary for its effective and appropriate use, although discretion cannot be exercised arbitrarily. Williams v. State, 253 Ark. 973, 490 S.W.2d 117 (1973).

Passive Resistance.

For the purposes of this section, resistance need not be by active means. Williams v. State, 253 Ark. 973, 490 S.W.2d 117 (1973).

Cited: State v. Moore, 76 Ark. 197, 88 S.W. 881 (1905); Brock v. Eubanks, 102 Ark. App. 165, 288 S.W.3d 272 (2008).

12-11-105. [Repealed.]

Publisher's Notes. This section, concerning security to keep the peace for good behavior, was repealed by Acts 1991, No. 266, § 13. The section was derived from Crim. Code, §§ 371-375; C. & M. Dig., §§ 3337-3344; Pope's Dig., §§ 4185-4192; A.S.A. 1947, §§ 42-215 — 42-219.

12-11-106 — 12-11-109. [Repealed.]

Publisher's Notes. These sections, concerning discharge or further requirement of security, security by recognizance, security after commitment, and breaches of bond, were repealed by Acts 2011, No. 779, § 4. The sections were derived from the following sources:

12-11-106. Crim. Code, §§ 376, 378, 379; C. & M. Dig., §§ 3345-3348; Pope's Dig., §§ 4193-4196; A.S.A. 1947, §§ 42-220 — 42-222.

12-11-107. Crim. Code, § 382; C. & M. Dig., § 3349; Pope's Dig., § 4197; A.S.A. 1947, § 42-223.

12-11-108. Crim. Code, § 377; C. & M. Dig., § 3350; Pope's Dig., § 4198; A.S.A. 1947, § 42-224.

12-11-109. Crim. Code, §§ 380, 381; C. & M. Dig., §§ 3351, 3352; Pope's Dig., §§ 4199, 4200; A.S.A. 1947, §§ 42-225, 42-226.

12-11-110. [Repealed.]

Publisher's Notes. This section, concerning drunken, insane, and disorderly persons, was repealed by Acts 2017, No. 423, § 8. The section was derived from Crim. Code, §§ 383-385, 387; C. & M. Dig., §§ 3353-3357; Pope's Dig., §§ 4201-4205; A.S.A. 1947, §§ 42-227 — 42-230; Acts 2011, No. 779, § 5.

Chapter 12 Crime Reporting and Investigations

Cross References. Law enforcement officers, immunity from civil liability, § 23-60-111.

Subchapter 1 — General Provisions

A.C.R.C. Notes. Acts 2015, No. 1168, § 1, provided:

“(a) As used in this section:

“(1) ‘Healthcare provider’ means an individual or facility that provides a medical-legal examination;

“(2) ‘Law enforcement agency’ means a police force or organization whose primary responsibility as established by statute or ordinance is the enforcement of the criminal laws, traffic laws, or highway laws of this state;

“(3) ‘Medical-legal examination’ means health care delivered to a possible victim of a sex crime, with an emphasis on the gathering and preserving of evidence for the purpose of prosecution;

“(4) ‘Sex crime’ means an offense described in § 5-14-101 et seq. or § 5-26-202;

“(5) ‘Sexual assault collection kit’ means a human biological specimen or specimens collected during a medical-legal examination from the alleged victim of a sex crime; and

“(6) ‘Untested sexual assault collection kit’ means a sexual assault collection kit that has not been submitted to the State Crime Laboratory or a similar qualified laboratory for either a serology or DNA test.

“(b)(1) The State Crime Laboratory shall develop a:

“(A) Sexual assault evidence inventory audit document for a law enforcement agency; and

“(B) Sexual assault evidence inventory audit document for a healthcare provider.

“(2)(A) The sexual assault evidence inventory audit document for a law enforcement agency and the sexual assault evidence inventory audit document for a healthcare provider shall be reviewed and updated periodically.

“(B) The updated sexual assault evidence inventory audit document for a law enforcement agency and the sexual assault evidence inventory audit document for a healthcare provider may be set forth in rules promulgated by the State Crime Laboratory under the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

“(c) Before December 31 of each year, a law enforcement agency that maintains, stores, or preserves sexual assault evidence shall conduct an audit of all untested sexual assault collection kits and any associated evidence being stored by the law enforcement agency and report the information to the State Crime Laboratory, using the sexual assault evidence inventory audit document for a law enforcement agency.

“(d) Before December 31 of each year, each healthcare provider charged with performing medical-legal examinations shall conduct an audit of all untested sexual assault collection kits being stored by the healthcare provider and report the information to the State Crime Laboratory, using the sexual assault evidence inventory audit document for a healthcare provider.

“(e) The State Crime Laboratory may communicate with a healthcare provider or a law enforcement agency for the purpose of coordinating testing and other appropriate handling of sexual assault collection kits.

“(f) Except as set forth in subsection (g) of this section, information reported to the State Crime Laboratory under this section, as well as information compiled or accumulated by a healthcare provider or law enforcement agency for the purpose of audits required by this section, is confidential and not subject to discovery under the Arkansas Rules of Civil Procedure or the Freedom of Information Act of 1967, § 25-19-101 et seq.

“(g) On or before each February 1, the State Crime Laboratory shall prepare and transmit to the President Pro Tempore of the Senate and the Speaker of the House of Representatives a report containing:

“(1) A compilation of the data submitted by law enforcement agencies and healthcare providers under this section, with the data reported in the aggregate; and

“(2) A plan to address any backlog of untested sexual assault collection kits.

“(h) This section does not remove confidentiality protection for an alleged victim of a sexual assault or other sex crime otherwise provided under Arkansas or federal laws, rules, or regulations.

“(i) A medical-legal examination continues to be subject to § 12-12-402 or other applicable law.”

Cross References. Arrest and custody, § 16-81-102 et seq.

Effective Dates. Acts 1945, No. 231, § 28: Mar. 30, 1945. Emergency clause provided: “It having been ascertained and determined by the General Assembly that on account of the widespread disregard for the traffic laws of the state and the rules and regulations governing the same as a result of the establishment of many large war plants and military posts in the State of Arkansas, together with the enormous increase of traffic caused by the war, which has created conditions at and around such war plants and military posts creating a condition upon the highways of this state which, in order to efficiently operate the Department of Arkansas State Police, make it necessary that the same be departmentalized and organized in such manner that the personnel of said department can be assigned and directed in a more efficient manner and because of the hazards to life and limb as a result of the disregard for the laws making such conditions dangerous to the health, peace, and safety of the people of Arkansas an emergency is hereby declared to exist and this act being necessary for the preservation of the peace, health, and safety of the citizens of this state and for the traveling public, this act shall take effect and be in full force after its passage and approval.”

Acts 2007, No. 262, § 2: Mar. 9, 2007. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the Arkansas Constitution does not provide for electronic transfer of pawn records, that law enforcement agencies across the state require timely reporting of pawn records, and that this act is immediately necessary to aid pawnbrokers in providing critical information on a daily basis to law enforcement when it comes to property crimes and crimes against people. Therefore, an emergency is declared to exist, and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

12-12-101. [Repealed.]

Publisher's Notes. This section, concerning fingerprinting of individuals arrested for criminal offenses, was repealed by Acts 1997, No. 826, § 1. The section was derived from Acts 1991, No. 1015, §§ 1, 2. For current law, see §§ 12-12-1005(c) and 12-12-1006.

Former § 12-12-101, concerning the fingerprinting of individuals arrested for criminal offenses — submission to state bureau, was repealed by Acts 1991, No. 1015, § 5. The former section was derived from Acts 1985, No. 1038, § 1; A.S.A. 1947, § 43-437.

12-12-102. Authority to investigate and arrest in contiguous county.

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 contiguous to the county in which the county sheriff or law enforcement officer is employed.

History. Acts 1985, No. 675, § 1; A.S.A. 1947, § 82-2625.2.

Publisher's Notes. Acts 1985, No. 675, § 1, is also codified as § 5-64-705.

12-12-103. Pawnshop records — Penalty.

  1. 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.
  2. The records required under subsection (a) of this section shall include:
    1. A detailed record of each transaction, including the type of identification displayed by the person from whom the property was received;
    2. The name, address, race, sex, height, weight, and date of birth of the person from whom the property was received;
    3. The driver's license number, personal identification number issued under § 27-16-805, or the number from another form of photographic identification of the person from whom the property was received; and
    4. A description of each item pawned or purchased, including without limitation the identifying numbers or serial numbers.
      1. One (1) copy of the records required under subsection (a) of this section shall be maintained on file with the pawnshop or pawnbroker for a period of three (3) years.
      2. The Director of the Division of Arkansas State Police, a member of the Division of Arkansas State Police, a county sheriff or deputy of the county, or a police officer of the municipality in which the pawnshop or pawnbroker is located shall have access to the records at any reasonable time.
    1. The director, the county sheriff, or the chief of police in the county or municipality in which the pawnshop or pawnbroker is located may require a report of transactions for a period of time that he or she deems necessary for the efficient enforcement of the criminal laws or to aid in criminal investigations.
    1. The failure of a pawnbroker or an owner or operator of a pawnshop to comply with a provision of this section is a violation punishable by a fine of not more than one thousand dollars ($1,000).
    2. Each day a pawnbroker or owner or operator of a pawnshop fails to comply with this section is a separate offense.
    1. Pawnshops and pawnbrokers shall:
      1. Keep the records required by this section in a designated electronic format; and
      2. Daily upload the records in the designated electronic format to:
        1. A centralized secure tracking system and internet website designated by the chief law enforcement officer of a county, city, or local government; or
        2. A different centralized secure tracking system and internet website other than the centralized secure tracking system and internet website designated under subdivision (e)(1)(B)(i) of this section if designated by county or municipal ordinance.
    2. The electronic records submitted under this subsection shall be used for the sole purpose of investigating crimes. Pawnshops, pawnbrokers, and pawn customers shall not be required to incur any costs or increased fees as a result of the city, county, or state collecting and processing records required by this section electronically.

History. Acts 1945, No. 231, § 18; 1975, No. 880, § 1; 1985, No. 544, § 1; A.S.A. 1947, § 42-418; Acts 1991, No. 471, § 1; 1995, No. 965, § 1; 2005, No. 1994, § 75; 2007, No. 262, § 1; 2013, No. 404, § 1; 2013, No. 1293, § 1; 2019, No. 910, § 5838.

Amendments. The 2005 amendment substituted “violation” for “misdemeanor” in (d)(1).

The 2013 amendment by No. 404 rewrote (a); redesignated (b)(1) as (b); deleted “and every” following “each” in (b)(A) (now (b)(1)); substituted “another” for “some other” in (b)(C) (now (b)(3)); rewrote (b)(D) (now (b)(4)); deleted former (b)(2); and rewrote (c)(2), (d), and (e).

The 2013 amendment by No. 1293 redesignated former (b)(A) through (D) as (b)(1) through (4); deleted the (b)(4)(i) designation; and deleted (b)(4)(ii).

The 2019 amendment substituted “Division of Arkansas State Police” for “Department of Arkansas State Police” twice in (c)(1)(B).

Research References

Ark. L. Rev.

Nickles and Adams, Pawnbrokers, Police, and Property Rights — A Proposed Constitutional Balance, 47 Ark. L. Rev. 793.

Case Notes

Cited: Landers v. Jameson, 355 Ark. 163, 132 S.W.3d 741 (2003).

12-12-104. Physical evidence in sex offense or violent offense prosecutions — Retention and disposition — Definitions.

  1. 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.
    1. After a trial resulting in conviction, the evidence shall be impounded and securely retained by a law enforcement agency.
    2. Retention shall be the greater of:
      1. Permanent following any conviction for a violent offense;
      2. For twenty-five (25) years following any conviction for a sex offense; and
      3. For seven (7) years following any conviction for any other felony for which the defendant's genetic profile may be taken by a law enforcement agency and submitted for comparison to the State DNA Data Base for unsolved offenses.
  2. After a conviction is entered, the prosecuting attorney or law enforcement agency having custody of the evidence may petition the court with notice to the defendant for entry of an order allowing disposition of the evidence if, after a hearing and a reasonable period of time in which to respond, the court determines by a preponderance of the evidence that:
    1. The evidence has no significant value for forensic analysis and must be returned to its rightful owner; or
    2. The evidence has no significant value for forensic analysis and is of a size, bulk, or physical character not usually retained by the law enforcement agency and cannot practicably be retained by the agency.
  3. The court may order the disposition of the evidence if the defendant is allowed the opportunity to take reasonable measures to remove or preserve portions of the evidence in question for future testing.
    1. It is unlawful for any person to purposely fail to comply with the provisions of this section.
    2. A person who violates this section is guilty of a Class A misdemeanor.
  4. As used in this section:
    1. “Law enforcement agency” means any police force or organization whose primary responsibility as established by statute or ordinance is the enforcement of the criminal laws, traffic laws, or highway laws of this state;
    2. “Sex offense” means:
      1. Rape, § 5-14-103;
      2. Sexual indecency with a child, § 5-14-110;
      3. Sexual assault in the first degree, § 5-14-124;
      4. Sexual assault in the second degree, § 5-14-125;
      5. Sexual assault in the third degree, § 5-14-126;
      6. Sexual assault in the fourth degree, § 5-14-127;
      7. Incest, § 5-26-202;
      8. Engaging children in sexually explicit conduct for use in visual or print medium, § 5-27-303;
      9. Transportation of minors for prohibited sexual conduct, § 5-27-305;
      10. Employing or consenting to use of child in sexual performance, § 5-27-402;
      11. Producing, directing, or promoting a sexual performance by a child, § 5-27-403;
      12. Computer child pornography, § 5-27-603;
      13. Computer exploitation of a child in the first degree, § 5-27-605(a);
      14. Promoting prostitution in the first degree, § 5-70-104;
      15. Stalking, § 5-71-229;
      16. An attempt, solicitation, or conspiracy to commit any of the offenses enumerated in this subdivision (f)(2);
      17. A violation of any former law of this state that is substantially equivalent to any of the offenses enumerated in this subdivision (f)(2); or
      18. Sexual extortion, § 5-14-113; and
    3. “Violent offense” means:
      1. Capital murder, § 5-10-101, murder in the first degree, § 5-10-102, or murder in the second degree, § 5-10-103;
      2. Manslaughter, § 5-10-104;
      3. Kidnapping, § 5-11-102;
      4. False imprisonment in the first degree, § 5-11-103;
      5. Permanent detention or restraint, § 5-11-106;
      6. Robbery, § 5-12-102;
      7. Aggravated robbery, § 5-12-103;
      8. Battery in the first degree, § 5-13-201;
      9. Battery in the second degree, § 5-13-202;
      10. Aggravated assault, § 5-13-204;
      11. Terroristic threatening in the first degree, § 5-13-301;
      12. Domestic battering in the first degree, § 5-26-303, domestic battering in the second degree, § 5-26-304, and domestic battering in the third degree, § 5-26-305;
      13. Aggravated assault on family or household member, § 5-26-306;
      14. Engaging in a continuing criminal gang, organization, or enterprise, § 5-74-104;
      15. An attempt, solicitation, or conspiracy to commit any of the offenses enumerated in this subdivision (f)(3);
      16. A violation of any former law of this state that is substantially equivalent to any of the offenses enumerated in this subdivision (f)(3); or
      17. Aggravated assault upon a law enforcement officer or an employee of a correctional facility, § 5-13-211, if a Class Y felony.

History. Acts 2001, No. 1780, § 11; 2011, No. 779, § 6; 2017, No. 367, § 11; 2017, No. 664, § 6.

A.C.R.C. Notes. Acts 2001, No. 1780, § 1, provided:

“The General Assembly finds that the mission of the criminal justice system is to punish the guilty and to exonerate the innocent. The General Assembly further finds that Arkansas laws and procedures should be changed in order to accommodate the advent of new technologies enhancing the ability to analyze scientific evidence.”

Amendments. The 2011 amendment rewrote (f)(2) and (f)(3).

The 2017 amendment by No. 367 added (f)(3)(Q).

The 2017 amendment by No. 664 added (f)(2)(R).

Cross References. Appeals — New scientific evidence, § 16-112-201 et seq.

Fines, § 5-4-201.

Imprisonment, § 5-4-401.

Petition, § 16-112-103.

Statute of limitations, § 5-1-109.

Research References

U. Ark. Little Rock L. Rev.

Survey of Legislation, 2001 Arkansas General Assembly, Criminal Law, 24 U. Ark. Little Rock L. Rev. 429.

12-12-105. Controlled substance laboratory seizure reports.

  1. 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 agency's seizure of:
    1. Drug paraphernalia or drug precursors that could be utilized in the manufacture of a controlled substance; or
    2. Any laboratory reasonably believed to:
      1. Have been utilized in the illegal manufacture of a controlled substance;
      2. Be currently utilized in the illegal manufacture of a controlled substance; or
      3. Be intended for utilization in the illegal manufacture of a controlled substance.
  2. The report described in subsection (a) of this section shall be on the form provided and required by the El Paso Intelligence Center of the United States Drug Enforcement Administration and shall contain any additional information required by the Arkansas Drug Director.
    1. The Arkansas Crime Information Center shall forward the report described in subsection (a) of this section to the El Paso Intelligence Center of the United States Drug Enforcement Administration and other law enforcement or criminal justice agencies designated by the Arkansas Drug Director.
    2. The Arkansas Drug Director shall promulgate rules regarding the distribution of the reports and statistics generated in accordance with the requirements of this section.
    1. The Director of the State Crime Laboratory shall catalogue the number of controlled substance laboratories reported to the State Crime Laboratory through evidence submission.
    2. For each reported controlled substance laboratory, the Director of the State Crime Laboratory shall record the:
      1. Judicial district where the controlled substance laboratory was located;
      2. Date of seizure of the controlled substance laboratory; and
      3. Name of the seizing law enforcement agency.
    1. On March 31, June 30, September 30, and December 31 of each year after August 12, 2005, the Arkansas Drug Director shall compare the number of reports made to him or her under subsection (a) of this section with the number of reports made to the State Crime Laboratory under subsection (d) of this section.
    2. Any discrepancy in the number of reports described in subdivision (e)(1) of this section shall be recorded by the Arkansas Drug Director.
    3. The Arkansas Drug Director shall request completion of a reporting form by any law enforcement agency in the state that has failed to comply with a requirement of subsection (a) of this section.
  3. The failure of any law enforcement agency to comply with a requirement of this section may be considered by a state board or agency as a factor for the withholding of awards or grant moneys or other funds that relate to controlled substance enforcement.

History. Acts 2005, No. 1873, § 1; 2019, No. 910, § 5839.

A.C.R.C. Notes. As enacted by Acts 2005, No. 1873, § 1, subdivision (e)(1) read “… after the effective date of this section …”.

Amendments. The 2019 amendment substituted “Director of the State Crime Laboratory” for “Executive Director of the State Crime Laboratory” in (d)(1) and the introductory language of (d)(2).

12-12-106. Investigations of an alleged sex offense.

  1. 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 examination of any other truth-telling device as a condition of proceeding with the investigation of an alleged sex offense.
  2. The refusal of a victim of an alleged sex offense to submit to an examination described in subsection (a) of this section shall not prevent the investigation, charging, or prosecution of the alleged sex offense.

History. Acts 2007, No. 676, § 3.

12-12-107. Adult abuse and domestic violence reporting — Definitions.

  1. 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, facility, or institution licensed, certified, or otherwise authorized by the law of this state to administer health care in the ordinary course of business or practice of a profession.
  2. A health care provider may report to a law enforcement agency an injury to an adult that the health care provider has reason to believe is the result of a battery or other physically abusive conduct, including physical injuries resulting from domestic violence, if the:
    1. Injured adult agrees; or
    2. Health care provider determines that the report is necessary to prevent serious harm to the injured adult.
  3. A health care provider that makes a report under subdivision (b)(2) of this section shall promptly inform the injured adult that the report has been or will be made.
  4. A report under this section shall state the name of the injured adult and the character and extent of the adult's injuries.
  5. A report under this section shall be made to one (1) or more of the following law enforcement agencies:
    1. The county sheriff;
    2. Within a city of the first class, the municipal law enforcement agency; or
    3. The Department of Arkansas State Police.
  6. A health care provider making or deciding not to make a report in good faith under this section is immune from criminal or civil liability for making or deciding not to make the report.

History. Acts 2011, No. 1004, § 1.

12-12-108. Domestic violence investigation.

  1. 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.
  2. The lethality assessment form shall be completed with the following information from the victim:
    1. Whether the offender ever used a weapon against the victim or threatened the victim with a weapon;
    2. Whether the offender threatened to kill the victim or victim's children;
    3. Whether the victim believes the offender will try to kill him or her;
    4. Whether the offender ever tried to choke the victim;
    5. Whether the offender is violently or constantly jealous;
    6. Whether the offender controls most of the victim's daily activities;
    7. The victim's current living situation and if he or she has recently left or separated from the offender after living together or being married;
    8. The victim's employment status;
    9. Whether the offender has ever attempted suicide to the best of the victim's knowledge;
    10. Whether the victim has a child that the offender believes is not the offender's biological child;
    11. Whether the offender follows, spies on, or leaves threatening messages for the victim; and
    12. Any other pertinent information, including any other conditions or circumstances that concern the victim regarding his or her safety.
  3. Based on the results of the lethality assessment under this section, the law enforcement officer compiling the information required by this section from the victim may refer the victim to an available shelter or domestic violence intervention program and shall comply with § 16-90-1107.

History. Acts 2015, No. 877, § 1.

Publisher's Notes. For codification of Acts 2015, No. 163, § 1, see § 14-1-102.

12-12-109. Domestic violence investigation — Victimless prosecution.

  1. 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 based on evidence independent of the testimony of the victim of the offense.
  2. Compliance with this section may be achieved through the collection of evidence, including without limitation:
    1. Witness statements;
    2. Properly obtained statements from the alleged offender;
    3. Medical records;
    4. Photographs or other media;
    5. Other physical evidence; and
    6. Statements from the victim that are exclusions or exceptions to Rule 802 of the Arkansas Rules of Evidence.

History. Acts 2015, No. 876, § 1.

12-12-110. Missing or unidentified persons — Definitions.

  1. 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 deceased who is unidentified after all available methods used to identify a person have been exhausted, including a decedent released to the State Crime Laboratory in which the identity of the decedent cannot be established to the satisfaction of the State Medical Examiner.
    1. To the extent that this section is not duplicative with § 12-12-205, the actions under this section shall be undertaken by the law enforcement agency with jurisdiction in the event of a report of a missing person or unidentified person.
    2. Entry of missing person or unidentified person information into the National Missing and Unidentified Persons System does not relieve the obligations of a law enforcement agency under § 12-12-205.
  2. A law enforcement agency shall input the following data, if available for an unidentified person, into the National Missing and Unidentified Persons System:
    1. Copies of fingerprints on standardized fingerprint cards measuring eight inches by eight inches (8" x 8") or the equivalent digital image, including partial prints of any fingers;
    2. Forensic dental report or radiology imaging;
    3. Detailed personal descriptions;
    4. Deoxyribonucleic acid (DNA) information;
    5. Radiology imaging and medical data; and
    6. All other identifying data, including date and place of death.
  3. When a missing person or unidentified person report is received, a law enforcement agency shall initiate the following procedures within thirty (30) days of receiving the missing person or unidentified person report:
    1. Submit the missing person or unidentified person case to the National Missing and Unidentified Persons System and to any database of missing persons or unidentified persons currently required by the law enforcement agency, providing all appropriate data;
      1. Locate and obtain biometric records, including medical and dental records, medical and dental X-rays, or other medical imaging, and enter those records into the National Missing and Unidentified Persons System.
      2. Records described under subdivision (d)(2)(A) of this section are considered confidential and shall not be released to the public;
      1. Utilize the National Missing and Unidentified Persons System's family reference sample submission kits and obtain voluntary DNA samples from appropriate family members to submit to the laboratory for DNA testing and to an institution of higher education that specializes in DNA identification for a full genetic profile, including testing of mitochondrial DNA, short tandem repeats on the Y-chromosome, and nuclear analyses, to be documented in the National Missing and Unidentified Persons System missing persons or unidentified persons file, and submitted to the Federal Bureau of Investigation's National DNA Index System using the Combined DNA Index System.
      2. If necessary, the law enforcement agency may request assistance in obtaining family reference DNA samples; and
    2. Attempt to locate any fingerprints from available resources and submit the fingerprints to the National Missing and Unidentified Persons System.
    1. A law enforcement agency shall not require a delay before accepting or investigating a report of a missing person when reliable information has been provided to the law enforcement agency that the person is missing.
    2. A law enforcement agency shall not mandate the appearance of a next of kin before initiating a missing persons investigation.
    1. If a law enforcement agency receives a report of a missing person from another law enforcement agency or from a medical examiner, the law enforcement agency shall maintain a record of the case file.
    2. The information contained in a report of a missing person from another law enforcement agency or from a medical examiner shall be available to a law enforcement agency attempting to identify unidentified persons.
    1. A law enforcement agency shall not establish or maintain a policy that requires the observance of a waiting period before accepting and investigating a report of a missing child.
    2. Upon receipt of a report of a missing child, a law enforcement agency shall enter the child into the National Missing and Unidentified Persons System.
  4. When a person previously reported missing has been found or when an unidentified person has been identified, the reporting law enforcement agency or the Division of Arkansas State Police shall report to the National Missing and Unidentified Persons System.
  5. This section does not prohibit a law enforcement agency from maintaining case files related to missing persons or unidentified bodies.

History. Acts 2019, No. 920, § 2.

Cross References. Missing and unidentified persons training, § 12-9-123.

Subchapter 2 — Arkansas Crime Information Center

Preambles. Acts 1971, No. 286 contained a preamble which read:

“Whereas, proper law enforcement, improved public safety and effective administration of justice requires complete and timely information on crime, highway safety problems and the Criminal Justice System; and

“Whereas, advances in computer and related communications technology now make it both practical and feasible to obtain such data more rapidly and in greater detail than heretofore possible; and

“Whereas, State resources and Federal funds are now at work in the development of a comprehensive computer-based Criminal Justice and Highway Safety Information System for Arkansas; and

“Whereas, installation of such a system will help apprehend criminals, improve the efficiency of criminal justice agencies, and ultimately help reduce crime; and

“Whereas, statistics are needed to aid in determining the cause and amount of crime in this State, to form a basis for the study of crime, police methods, court procedure, highway safety problems, penal problems and to plan effective programs for combating crime; and

“Whereas, a Supervisory Board working closely with criminal justice agencies is needed to administer and control the use and operation of the system; and

“Whereas, it is the intent of the Legislature to safeguard all persons from the misuse of criminal records by any person or agency and to provide adequate safeguards and limitations on the use of all criminal history records….”

Effective Dates. Acts 1971, No. 286, § 11: July 1, 1971.

Acts 1975, No. 742, § 17: July 1, 1975. Emergency clause provided: “It is hereby found and determined by the General Assembly, that the maintenance of an adequate Criminal Justice and Highway Safety Information System is essential to law enforcement in this state, and that the establishment of said program in the Department of Public Safety is necessary to enable proper coordination and maximum use of the services of the program, and that the immediate passage of this act is necessary in order that this transfer may be made and be effective by July 1, 1975, in the event of an extension of this regular session of the General Assembly. Therefore, an emergency is hereby declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety, shall be in full force and effect from and after July 1, 1975.”

Acts 1979, No. 124, § 3: July 1, 1979.

Acts 1981, No. 612, § 3: Mar. 23, 1981. Emergency clause provided: “It is hereby found and determined by the General Assembly that the authority of the Arkansas Crime Information Center to collect and maintain this information is essential for law enforcement in this state, and is necessary for the most efficient use of the computerized system of the Arkansas Crime Information Center. Therefore, an emergency is hereby declared to exist, and this act being necessary for the immediate preservation of the public peace, health, and safety shall be in full force and effect from and after its passage and approval.”

Acts 1983, No. 214, § 6: July 1, 1983. Emergency clause provided: “It is hereby found and determined by the Seventy-Fourth General Assembly, that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a two-year period; that the effectiveness of this act on July 1, 1983 is essential to the operation of the agency for which the appropriations in this act are provided, and that in the event of an extension of the Regular Session, the delay in the effective date of this act beyond July 1, 1983 could work irreparable harm upon the proper administration and provision of essential governmental programs. Therefore, an emergency is hereby declared to exist and this act being necessary for the immediate preservation of the public peace, health, and safety shall be in full force and effect from and after July 1, 1983.”

Acts 1983, No. 282, § 3: Feb. 25, 1983. Emergency clause provided: “It is hereby found and determined by the General Assembly that the authority of the Arkansas Crime Information Center to collect and maintain this information is essential for law enforcement and other criminal justice agencies in this state, and is necessary for the most efficient use of the computerized system of the Arkansas Crime Information Center. Therefore, an emergency is hereby declared to exist, and this act being necessary for the immediate preservation of the public peace, health, and safety shall be in full force and effect from and after its passage and approval.”

Acts 1994 (2nd Ex. Sess.), Nos. 37 and 38, § 7: Aug. 25, 1994. Emergency clause provided: “It is hereby found and determined by the General Assembly that serious criminal offenses committed by juveniles have increased to an alarming level and that it will help to deal with these serious juvenile crimes by authorizing the Arkansas Crime Information Center to accumulate juvenile arrest information for those allegations and adjudications of dependency for which the Arkansas Juvenile Code authorizes fingerprints to be taken and maintained, and it will assist in juvenile crime prevention to allow the dissemination of conviction information to nongovernmental entities authorized by federal law; that this act so provides; and this act should go into effect immediately in order to provide additional tools for dealing with juvenile crime as soon as possible. Therefore, an emergency is hereby declared to exist, and this act being immediately necessary for the preservation of the public peace, health, and safety shall be in full force and effect from and after its passage and approval.”

Acts 1995, No. 995, § 8: Oct. 1, 1995.

Acts 1997, No. 243, § 5: Feb. 24, 1997. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that, as future officers of the court, it is necessary to assure applicants for admission to the bar of Arkansas are free of criminal records, and that giving the Arkansas State Board of Law Examiners access to the records of the Arkansas Crime Information Center provides another tool with which to verify information received on applications. Therefore an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective on the date of its approval by the Governor. If the bill is neither approved nor vetoed by the Governor, it shall become effective on the expiration of the period of time during which the Governor may veto the bill. If the bill is vetoed by the Governor and the veto is overridden, it shall become effective on the date the last house overrides the veto. ”

Acts 1997, No. 250, § 258: Feb. 24, 1997. Emergency clause provided: “It is hereby found and determined by the General Assembly that Act 1211 of 1995 established the procedure for all state boards and commissions to follow regarding reimbursement of expenses and stipends for board members; that this act amends various sections of the Arkansas Code which are in conflict with the Act 1211 of 1995; and that until this cleanup act becomes effective conflicting laws will exist. Therefore an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective on the date of its approval by the Governor. If the bill is neither approved nor vetoed by the Governer, it shall become effective on the expiration of the period of time during which the Governor may veto the bill. If the bill is vetoed by the Governor and the veto is overridden, it shall become effective on the date the last house overrides the veto.”

Acts 1997, No. 911, § 16: July 1, 1997. Emergency clause provided: “It is hereby found and determined by the Eighty-First General Assembly, that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a two (2) year period; that the effectiveness of this Act on July 1, 1997 is essential to the operation of the agency for which the appropriations in this Act are provided, and that in the event of an extension of the Regular Session, the delay in the effective date of this Act beyond July 1, 1997 could work irreparable harm upon the proper administration and provision of essential governmental programs. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 1997.”

Acts 1997, No. 1354, § 51: Apr. 14, 1997. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act affects the method of selection of alternate members of the Legislative Council and Legislative Joint Auditing Committee and that this act is immediately necessary for proper continuity and efficiency in State government. Therefore an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective on the date of its approval by the Governor. If the bill is neither approved nor vetoed by the Governor, it shall become effective on the expiration of the period of time during which the Governor may veto the bill. If the bill is vetoed by the Governor and the veto is overridden, it shall become effective on the date the last house overrides the veto.”

Acts 1999, No. 1109, § 5: Apr. 5, 1999. Emergency clause provided: “It is hereby found and determined by the Eighty-second General Assembly that due to critical changes being made by the Federal Bureau of Investigation in the National Crime Information System, and because those changes will have a major impact on law enforcement agencies in Arkansas, and to prepare for those changes, the Arkansas Crime Information Center is required to implement new equipment and systems by July 1, 1999. The Arkansas Crime Information Center must immediately revise its reimbursement procedures in order to finance the required changes. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective on the date of its approval by the Governor. If the bill is neither approved nor vetoed by the Governor, it shall become effective on the expiration of the period of time during which the Governor may veto the bill. If the bill is vetoed by the Governor and the veto is overridden, it shall become effective on the date the last house overrides the veto.”

Acts 2003, No. 998, § 4: July 1, 2003. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the lack of compliance with the motor vehicle liability insurance law is epidemic in this state; that the owners of motor vehicles that have not complied with mandatory insurance requirements increase the potential financial catastrophe to others involved in accidents with them; that this act is designed and intended to provide enforcement provisions and to ensure increased compliance with the motor vehicle liability insurance law of this state; and that the enactment of new and enhanced penalties and requirements will increase compliance with the motor vehicle liability insurance law. Therefore, an emergency is declared to exist and this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2003.”

Acts 2003, No. 1031, § 7: Apr. 2, 2003. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the ‘Task Force to Study the Disparity in Sentencing for Persons Convicted of Non-violent Crimes’ has found that it appears that some Arkansas citizens do not receive equitable sentences under the law; that it is necessary to compile statistical sentencing information in order to determine if disparities exist; and that this act is immediately necessary to allow the compiling of the needed statistical information in the first quarter of 2003. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2007, No. 463, § 6: July 1, 2007. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that federal law prohibits the sale of firearms to persons who have been committed to a mental institution; that it is the intent of this act to require the submission of information to create a confidential database that may only be used for firearm sales or transactions; and that this act is necessary because possession of a firearm by a person that is suicidal, homicidal, or gravely disabled poses an critical threat of harm to the citizens of this state. Therefore, an emergency is declared to exist and this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2007.”

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

12-12-201. Creation — Director.

  1. 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.
  2. This center shall consist of the Director of the Arkansas Crime Information Center and such other staff of the Department of Public Safety under the general supervision of the director as may be necessary to administer the services of this subchapter, subject to the approval of funds authorized by the General Assembly.
  3. The board shall name the director in consultation with the Secretary of the Department of Public Safety.

History. Acts 1971, No. 286, § 1; 1975, No. 742, § 1; A.S.A. 1947, § 5-1101; Acts 2019, No. 910, § 5840.

Publisher's Notes. The Criminal Justice and Highway Safety Information Center was established under the supervision of a supervisory board and the former Department of Administration by Acts 1971, No. 286, § 1.

Acts 1975, No. 742, §§ 11-14, transferred the center and its functions, equipment, and personnel to the Department of Public Safety (abolished by Acts 1981, No. 45, § 1). Section 12 further provided that all of the center's personnel would be granted tenure rights on or after July 1, 1975, and that all position, grade, step, and anniversary dates, as established under the state's compensation plan, would remain as assigned to the position of each employee on or after that date, or as provided by the new compensation plan.

Acts 1979, No. 375, § 1, provided that the Criminal Justice and Highway Safety Information Center would thereafter be known as, and all its functions, powers, and duties would be performed by, the Arkansas Crime Information Center.

Acts 1981, No. 45, § 8, provided, in part, that the Arkansas Crime Information Center and all of its powers, functions, duties, personnel, and funds would be separated from the Department of Public Safety (abolished by Acts 1981, No. 45, § 1) and established as an independent agency of the state government, to function in the same manner as if it had never been located within the Department of Public Safety (abolished by Acts 1981, No. 45, § 1). It further provided that nothing in the act should be construed to reduce any right which an employee of the Arkansas Crime Information Center had under any civil service or merit system.

Amendments. The 2019 amendment, in (b), substituted “the Director of the Arkansas Crime Information Center” for “a director” and inserted “of the Department of Public Safety”; and substituted “in consultation with the Secretary of the Department of Public Safety” for “of the center” in (c).

12-12-202. Supervisory board — Members — Meetings.

  1. There is created a Supervisory Board for the Arkansas Crime Information Center.
  2. 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 member designated by the Arkansas Prosecuting Attorneys Association;
    4. A member designated by the Arkansas Sheriffs' Association;
    5. A member designated by the Arkansas Association of Municipal Judges;
    6. A member designated by the President of the Arkansas Bar Association who is regularly engaged in criminal defense work;
    7. Two (2) citizens of the State of Arkansas, to be appointed by the Governor;
    8. A member designated by the Arkansas Municipal Police Association;
    9. The Director of the Division of Correction or his or her designated agent;
    10. A member designated by the Arkansas Association of Chiefs of Police;
    11. A member designated by the Association of Arkansas Counties;
    12. The Director of the Division of Arkansas State Police or his or her designated agent; and
    13. The Governor or a member of the Governor's staff designated by the Governor.
  3. No member shall continue to serve on the board when the member no longer officially represents the function for which the member was appointed, except the citizens appointed by the Governor, who shall serve for a period of four (4) years.
  4. The board, for cause, may remove any board member and shall notify the Governor of the removal and the reason therefor.
    1. The members of the board may receive expense reimbursement and stipends in accordance with § 25-16-901 et seq.
    2. The board members shall receive no other compensation, expense reimbursement, or in-lieu-of payments except as provided in this subsection.
  5. The board shall meet at such times and places as it shall deem appropriate.
  6. A majority of the board shall constitute a quorum for transacting any business of the board.

History. Acts 1971, No. 286, §§ 3-5; 1975, No. 742, §§ 3-5; 1977, No. 542, § 1; A.S.A. 1947, §§ 5-1103 — 5-1105; Acts 1995, No. 1214, § 1; 1997, No. 250, § 66; 1997, No. 1354, § 30; 2001, No. 1288, §§ 3, 4; 2019, No. 910, §§ 5841, 5842.

Amendments. The 2019 amendment substituted “Division of Correction” for “Department of Correction” in (b)(9), and substituted “Division of Arkansas State Police” for “Department of Arkansas State Police” in (b)(12).

12-12-203. Supervisory board — Duties.

  1. 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 this subchapter and so administer the center so as not to accumulate any information or distribute any information that is not specifically approved in this subchapter;
    3. Provide for adequate security safeguards to ensure that the data available through this system are used only by properly authorized persons and agencies;
    4. Provide for uniform reporting and tracking systems to report data authorized by this subchapter. Standard forms and procedures for reporting authorized data under this subchapter shall be prescribed by the board;
    5. Establish such rules and policies as may be necessary for the efficient and effective use and operation of the center under the limitations imposed by the terms of this subchapter;
    6. Provide for the reporting of authorized information under the limitations of this subchapter to the United States Department of Justice under its national system of crime reporting; and
    7. Provide for research and development activities that will encourage the application of advanced technology, including the development of prototype systems and procedures, the development of plans for the implementing of these prototypes, and the development of technological expertise which can provide assistance in the application of technology in record and communication systems in Arkansas.
  2. The board shall establish its own rules for performance of the responsibilities charged to the board in this subchapter.

History. Acts 1971, No. 286, §§ 3, 5; 1975, No. 742, §§ 3, 5; A.S.A. 1947, §§ 5-1103, 5-1105; Acts 2019, No. 315, §§ 856, 857.

Amendments. The 2019 amendment substituted “rules” for “regulations” in (a)(5); and deleted “and regulations” following “rules” in (b).

Cross References. Arkansas State Criminal Records Act, intent of, § 12-12-1502.

Dissemination of criminal history information, § 12-12-1504.

Implementation of Arkansas State Criminal Records Act, § 12-12-1512.

Release of criminal history information, authorization of, § 12-12-1507.

Unrestricted information, records, immunity from civil liability, § 12-12-1506.

12-12-204. [Repealed.]

Publisher's Notes. This section, concerning the Arkansas Crime Prevention Office Act, was repealed by Acts 2013, No. 1277, § 1. The section was derived from Acts 1985, No. 402, §§ 1-3; A.S.A. 1947, §§ 5-1121 — 5-1123.

12-12-205. Missing Persons Information Clearinghouse — Definitions.

  1. There is created a Missing Persons Information Clearinghouse within the Arkansas Crime Information Center.
  2. The clearinghouse shall be administered by the Director of the Arkansas Crime Information Center.
  3. The clearinghouse shall:
    1. Establish a computerized system to communicate information on:
      1. Persons reported to be missing; and
      2. Unidentified deceased persons;
    2. Interface with the National Crime Information Center for the exchange of information on:
      1. Missing persons; and
      2. Unidentified deceased persons;
    3. Establish educational services and publications deemed appropriate to aid in dealing with missing persons;
    4. Be authorized to issue rules and procedures for the orderly collection and entry of information on missing persons and unidentified deceased persons, as well as rules governing access to information on missing persons and unidentified deceased persons;
    5. Annually compile and make available statistical information on the number of missing persons and unidentified deceased persons entered into the computerized system of the clearinghouse and, where available, information on the number located; and
    6. Release information upon request to any court in a pending custody proceeding when the court needs information concerning whether a child has been reported as missing.
    1. Upon receiving notice of a missing child, a law enforcement agency shall complete a missing person report and immediately enter identifying and descriptive information about the missing child into the computerized system of the clearinghouse.
        1. Upon receiving notice of a missing adult, a law enforcement agency shall complete a missing person report and immediately enter identifying and descriptive information about the missing adult into the computerized system of the clearinghouse, provided the entering agency has signed documentation from a family member, friend, or other authoritative source, including a signed report by an investigating official when other documentation is not reasonably attainable, stating the conditions under which the person is declared missing.
        2. Such documentation will aid in the protection of the individual's right of privacy.
      1. Missing adults shall be entered based on categories established by the Federal Bureau of Investigation, and the categories may include disability, endangered, involuntary, or catastrophe victim.
    2. It shall be the duty of the initial investigating law enforcement agency to immediately cancel the computer entry when the missing child or missing adult is located or returned.
    3. No law enforcement agency shall delay an investigation or entry of missing persons information based on an agency rule or policy which specifies an automatic waiting period.
  4. A person shall be deemed guilty of a Class A misdemeanor who knowingly makes to a law enforcement agency:
    1. A false report of a missing person; or
    2. A false statement in any missing person report.
  5. When the unidentified body of a deceased individual is found, the law enforcement agency receiving the report shall immediately enter identifying and descriptive information about the unidentified body into the computerized system of the clearinghouse according to standards established by the center and the Federal Bureau of Investigation.
  6. When an individual is found whose identity is unknown and cannot be readily determined, the law enforcement agency receiving the report shall immediately enter identifying and descriptive information about the individual into the computerized system of the clearinghouse according to standards established by the center and the Federal Bureau of Investigation.
  7. As used in this section:
    1. “Missing adult” means any person:
      1. Who is eighteen (18) years of age or older;
      2. Whose residence is in Arkansas or is believed to be in Arkansas; and
      3. Who has been reported to a law enforcement agency as missing under circumstances indicating that:
        1. The individual has a physical or mental disability as evidenced by written documentation;
        2. The individual is missing under circumstances indicating that the disappearance was not voluntary;
        3. The individual is missing under circumstances indicating that the individual's safety may be in danger; or
        4. The individual is missing as a result of a natural or intentionally caused catastrophe;
    2. “Missing child” means any person:
      1. Who is under eighteen (18) years of age;
      2. Whose residence is in Arkansas or is believed to be in Arkansas;
      3. Whose location is unknown or who has been taken, enticed, or kept from any person entitled by law or a court decree or order to the right of custody; and
      4. Who has been reported as missing to a law enforcement agency; and
    3. “Missing person report” means a report prepared on a form designated by the center for use by law enforcement agencies to record missing persons information.
  8. The Attorney General shall require each law enforcement agency to comply with the mandatory entry provisions found in subdivisions (d)(1) and (2) of this section and in subsections (f) and (g) of this section and may seek writs of mandamus or other appropriate remedies to enforce this section.
  9. Missing person entries and unidentified deceased person entries, regardless of age, shall remain in the computerized system of the clearinghouse indefinitely or until the missing person is located or returns or positive identification is obtained and the investigation is completed and closed.
  10. The clearinghouse may assist in:
    1. Public notification;
    2. Providing informational resources to families of missing persons; and
    3. Constructing and distributing missing person flyers.

History. Acts 1985, No. 764, §§ 1-4; A.S.A. 1947, §§ 5-1124 — 5-1127; Acts 1987, No. 485, § 1; 1987, No. 486, § 1; 2001, No. 80, § 1; 2019, No. 315, § 858.

Amendments. The 2019 amendment substituted “rules” for “regulations” in (c)(4).

Cross References. Fines, § 5-4-201.

Imprisonment, § 5-4-401.

12-12-206. Data processing — Supervision.

  1. 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.
  2. The Director of the Arkansas Crime Information Center and the board shall make arrangements for the continued use of existing state computer facilities, computer systems and programming personnel, and communications networks whenever feasible and practical.

History. Acts 1971, No. 286, § 6; 1975, No. 742, § 6; A.S.A. 1947, § 5-1106.

12-12-207. Maintenance and operation of information system.

  1. The Arkansas Crime Information Center shall be responsible for providing for the maintenance and operation of the computer-based Arkansas Crime Information System.
  2. The use of the system is restricted to serving the informational needs of governmental criminal justice agencies and others specifically authorized by law through a communications network connecting local, county, state, and federal authorities to a centralized state repository of information.
  3. The Supervisory Board for the Arkansas Crime Information Center shall approve the creation and maintenance of each file in the system, establish the entry criteria and quality control standards for each file, and conduct an annual review of the appropriateness and effectiveness of all files and services provided by the center.
    1. The center shall collect data and compile statistics on the nature and extent of crime problems in Arkansas and compile other data related to planning for and operating criminal justice agencies.
    2. The data collected under this subsection shall include the address where a criminal offense occurred.
    3. The center shall also periodically publish statistics and report such information to the Governor, the General Assembly, and the general public.
  4. The center shall be authorized to design and administer uniform record systems, uniform crime reporting systems, and other programs to be used by criminal justice agencies to improve the administration of justice in Arkansas.

History. Acts 1971, No. 286, §§ 2, 9; 1975, No. 742, § 2; 1981, No. 612, § 1; 1983, No. 282, § 1; A.S.A. 1947, §§ 5-1102, 5-1102.3, 5-1109, 5-1117; Acts 1993, No. 535, § 6; 1993, No. 551, § 6; 1994 (2nd Ex. Sess.), No. 37, § 1; 1994 (2nd Ex. Sess.), No. 38, § 1; 1995, No. 498, § 1; 2019, No. 766, § 1.

Amendments. The 2019 amendment inserted (d)(2) and redesignated former (d)(2) as (d)(3).

12-12-208. Coordination with national crime control information systems.

    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 Telecommunications System or its successor.
    2. The Arkansas Crime Information Center shall be responsible for the coordination of all Arkansas user agencies with the National Crime Information Center and the National Law Enforcement Telecommunications System.
  1. The Director of the Arkansas Crime Information Center or his or her designee shall serve as the National Crime Information Center control terminal officer and the National Law Enforcement Telecommunications System representative.

History. Acts 1979, No. 124, §§ 1, 2; A.S.A. 1947, §§ 5-1102.1, 5-1102.2.

12-12-209. Duty to furnish data.

    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 required by this subchapter.
    2. Upon filing of an order under § 5-2-310(b) or an order of commitment entered pursuant to § 5-2-314(b), § 20-47-214, or § 20-47-215 with a circuit clerk or a probate clerk, the circuit clerk or probate clerk shall submit a copy of the order of commitment to the center.
  1. The data shall be furnished to the center in a manner prescribed by the Supervisory Board for the Arkansas Crime Information Center.
  2. A county sheriff, chief of police, city marshal, correction official, prosecuting attorney, court clerk, or other state, county, or local official who knowingly fails to comply with this subchapter or any rule issued by the board carrying out this subchapter upon conviction is guilty of a violation and shall be punished by a fine not exceeding five hundred dollars ($500).

History. Acts 1971, No. 286, § 7; 1975, No. 742, §§ 7, 8; A.S.A. 1947, §§ 5-1107, 5-1111; 2007, No. 463, § 3; 2009, No. 165, § 2.

Amendments. The 2007 amendment added (a)(2).

The 2009 amendment, in (c), substituted “knowingly fails” for “shall willfully fail,” substituted “rule” for “regulation,” substituted “upon conviction is” for “shall be found,” substituted “violation and” for “misdemeanor and upon conviction,” and made minor stylistic changes.

12-12-210. Special information services agents.

  1. 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.
  2. After proper and sufficient security clearances and training, the agents shall be commissioned to do monitoring and auditing of all records and information as defined by this subchapter and such other duties as may be prescribed by the Supervisory Board for the Arkansas Crime Information Center.

History. Acts 1975, No. 742, § 10; A.S.A. 1947, § 5-1112.

12-12-211. Access to records.

    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 Board for the Arkansas Crime Information Center.
    1. The Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration shall be considered a criminal justice agency solely for the purpose of securing information from the center regarding the address or whereabouts of any deserting parent from whom the office is charged with collecting child support.
    2. Any information received by the Crime Victims Reparations Board through the office of the Attorney General obtained from the center pursuant to § 16-90-712 shall not be available for examination except by the affected claimant or his or her duly authorized representative.
      1. It shall be unlawful for any person to disclose information obtained under this subsection except:
        1. For the purpose of performing the duties of the:
          1. Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration; or
          2. Crime Victims Reparations Board; or
        2. Upon court order.
      2. Upon conviction, any person violating subdivision (b)(3)(A) of this section shall be guilty of a Class A misdemeanor.
    1. Except as provided in subdivision (c)(2) of this section, an elected law enforcement officer of a political subdivision of this state shall not be allowed access to information from the center unless either the elected law enforcement officer or a law enforcement officer within his or her department has successfully completed the preparatory program of police training required by the Arkansas Commission on Law Enforcement Standards and Training for certification of law enforcement officers.
    2. A constable shall have access to information from the center if the commission certifies that the constable has completed the course required by § 14-14-1314.
    1. The State Board of Law Examiners shall be deemed to be a regulatory agency having specific statutory access to the records of the center as provided by subsection (a) of this section.
    2. In that capacity, the State Board of Law Examiners shall require each applicant for admission to the Bar of Arkansas to be fingerprinted.
    3. The center is authorized to accept fingerprints or other information provided to it by the State Board of Law Examiners and is further authorized to release to the State Board of Law Examiners any requested information, including state, multistate, and Federal Bureau of Investigation criminal history records, as they may relate to applicants for admission to the bar.
  1. The center shall provide access to the insurance verification database that contains the information provided to the Department of Finance and Administration or to a vendor designated by the department under § 27-22-107 to law enforcement officers during the course of traffic stops.

History. Acts 1971, No. 286, § 2; 1975, No. 742, § 2; 1981, No. 902, §§ 1, 2; A.S.A. 1947, §§ 5-1102, 5-1118, 5-1119; Acts 1993, No. 605, § 1; 1995, No. 1184, § 29; 1997, No. 243, § 1; 1997, No. 826, § 2; 1999, No. 1224, § 1; 2003, No. 998, § 3; 2007, No. 841, § 1; 2009, No. 476, § 1; 2019, No. 315, § 859.

Amendments. The 2007 amendment substituted “Board for” for “Board of” in (a)(2); and in (c), added “Except as provided in subdivision (c)(2) of this section” in present (c)(1), added (c)(2), and made related changes.

The 2009 amendment inserted “or to a vendor designated by the Department of Finance and Administration” in (e).

The 2019 amendment substituted “rules” for “regulations” in (a)(2).

Cross References. Constable training requirements and uniform requirements, § 14-14-1314.

Fines, § 5-4-201.

Imprisonment, § 5-4-401.

Training for constables, § 12-9-115.

12-12-212. Release or disclosure to unauthorized person — Penalty.

  1. 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 maintained under this subchapter to another person who lacks authority to receive the information.
  2. A person is guilty of a Class D felony upon conviction if the person violates subsection (a) of this section for the purpose of:
    1. Furthering the commission of a misdemeanor offense or felony offense by the person or another person;
    2. Enhancing or assisting a person's position in a legal proceeding in this state or influencing the outcome of a legal proceeding in this state for the benefit of the person or a member of the person's family;
    3. Causing a pecuniary or professional gain for the person or a member of the person's family; or
    4. Political purposes for the person or a member of the person's family.

History. Acts 1971, No. 286, § 10; 1975, No. 742, § 9; A.S.A. 1947, § 5-1110; Acts 1997, No. 826, § 3; 2011, No. 779, § 7; 2011, No. 1224, § 1; 2017, No. 250, § 3; 2017, No. 845, § 2.

A.C.R.C. Notes. Pursuant to § 1-2-207(b) and Acts 2011, No. 779, § 25, the amendments to this section by Acts 2011, No. 779, § 7 are superseded by the amendments to this section by Acts 2011, No. 1224, § 1.

Acts 2011, No. 1224, § 3, provided:

“The provisions of this act shall not be retroactive.”

Amendments. The 2011 amendment by No. 779 substituted “knowingly releases or discloses” for “shall release or disclose” and “upon conviction is guilty” for “shall be deemed guilty”.

The 2011 amendment by No. 1224 rewrote the section.

The 2017 amendment by No. 250 added “knowingly” at the end of the introductory language in (a); in (a)(1), substituted “Accesses” for “Knowingly accesses”; and, in (a)(2), substituted “Releases” for “Knowingly releases”.

The 2017 amendment by No. 845 added “knowingly” at the end of the introductory language in (a); in (a)(1), substituted “Accesses” for “Knowingly accesses” and deleted “willfully” preceding “obtains”; and substituted “Releases” for “Knowingly releases” in (a)(2).

Cross References. Fines, § 5-4-201.

Imprisonment, § 5-4-401.

12-12-213. Invasion of privacy prohibited.

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.

History. Acts 1971, No. 286, § 8; A.S.A. 1947, § 5-1108.

12-12-214. Fees from localities — Disposition.

  1. 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.
      1. The fees shall be categorized as either service fees or system enhancement fees.
      2. However, specified portions of a single fee may be divided between such categories.
      1. The service fees are to be deposited into the Crime Information System Fund in the State Treasury as a refund to expenditures.
        1. System enhancement fees shall be restricted in their use and dedicated solely to financing the acquisition, installation, enhancement, and maintenance of equipment required for the center's operation, including any additions, extensions, and improvements thereto.
        2. The center may pledge and use system enhancement fees for the repayment of obligations of the center to the Arkansas Development Finance Authority or other appropriate financing entity.

History. Acts 1983, No. 214, § 3; A.S.A. 1947, § 5-1120; Acts 1999, No. 1109, § 1.

Publisher's Notes. Acts 1975, No. 742 provided that all funds in the Criminal Justice and Highway Safety Information Center Fund, as established by Acts 1973, No. 750, should remain in that fund for the continued use of the Criminal Justice and Highway Safety Information Center after July 9, 1975.

12-12-215. Registry of orders of protection.

  1. 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.
    1. Upon receipt of an authorized order of protection, temporary order of protection, or any modification or cancellation of such orders, a court clerk shall immediately forward a copy to the county sheriff of the county for service.
    2. The county sheriff shall immediately enter or cause to be entered such orders and any subsequent modifications or cancellations into the center system.
    3. If the county sheriff does not have a center terminal and entries are made by another agency that does have a center terminal, that agency shall make such entries immediately upon receipt of information from the county sheriff.
    4. Only orders which are consistent with § 9-15-302(b) may be entered into the center system.
  2. Information contained in the registry shall be determined by the Supervisory Board for the Arkansas Crime Information Center. Orders of protection and temporary orders of protection required to be entered into the center system shall include, at a minimum, the full name and date of birth of the subject of the order for proper identification.
  3. Information contained in the registry shall be deemed confidential and shall be available at all times only to courts, law enforcement, and prosecuting attorneys.

History. Acts 1995, No. 995, § 1.

12-12-216. Carry forward.

  1. 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 reimbursement to the Arkansas Crime Information Center by municipal, county, state, or federal governments for teleprocessing services.
    1. Any balance of such moneys and appropriations shall be carried forward and made available for the maintenance, operation, improvement, and other necessary expenditures in providing teleprocessing services to such municipal, county, state, and federal agencies served by the center.
    2. The total amount that is carried forward under this section shall be reported in the budget manuals that are presented to the Legislative Council and Joint Budget Committee during the presession budget hearings.

History. Acts 1997, No. 911, § 9; 2011, No. 779, § 8.

Amendments. The 2011 amendment substituted “budget hearings” for “budget hearings which are held in the fall of each even-numbered year” in (b)(2).

12-12-217. Annual report.

  1. 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.
  2. The report shall include a breakdown by race of all persons arrested in each criminal offense classification.

History. Acts 2003, No. 1031, § 2; 2011, No. 779, § 9.

A.C.R.C. Notes. Acts 2003, No. 1031, § 1, provided:

“Intent.

(a) Ethnic minorities appear to be over represented in the population of persons who are involved in the criminal justice system, charged as defendants, convicted, and incarcerated throughout the United States criminal justice systems.

“(b) It is the responsibility of criminal justice agencies and the courts in the State of Arkansas to ensure that all actions taken are based upon reasons other than the race of the defendant.

“(c) In order to allow the General Assembly to conduct a thorough review of the Arkansas criminal justice process, information on actions taken by criminal justice agencies and the courts must be reported in a timely, uniform, and consistent manner.”

As originally enacted by Acts 2003, No. 1031, § 2, subsection (a) began:

“Beginning July 31, 2003, and,”

Amendments. The 2011 amendment deleted “and the Commission on Disparity in Sentencing” following “Legislative Council” in (a).

12-12-218. Registry of certain court orders — Definition.

  1. 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.
    1. The Arkansas Crime Information Center shall maintain the center system as provided under this section.
    2. Only orders that are consistent with § 5-2-310(b), § 5-2-314(b), § 20-47-214, or § 20-47-215 shall be entered into the center system.
  2. Information contained in the center system shall be determined by the Supervisory Board for the Arkansas Crime Information Center and shall include, at a minimum, the person's name and date of birth.
  3. Information contained in the center system is not disclosable under applicable state or federal law and shall be available at all times only to courts, law enforcement personnel, and prosecuting attorneys.

History. Acts 2013, No. 470, § 1.

12-12-219. Records of local and regional detention facilities.

    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 Arkansas Crime Information Center.
    2. Data provided by a regional detention facility shall facilitate analysis of inmate populations in local detention facilities, including, but not limited to:
      1. Local or regional detention facility inmate population, including the number of inmates currently housed over the recognized maximum capacity of the local or regional detention facility; and
      2. The types and number of offenses for which the inmates are being housed in the local or regional detention facility.
  1. The types of data entered into a database under this section may include:
    1. Information concerning the inmates admitted to and released from the local or regional detention facility, including without limitation:
      1. The state identification number of the inmate;
      2. The offenses the inmates committed or were accused of committing; and
      3. The dates the inmates were both taken into custody and released;
      1. A record of any mental health screening of an inmate administered by a law enforcement agency or healthcare facility.
      2. The results of a mental health screening administered by a law enforcement agency or healthcare facility may be entered into the database as permitted by state or federal law; and
    2. Any other data that that would be of assistance to a law enforcement agency, state agency, legislative committee, academic researcher, or other entity permitted to access the data.
  2. The center shall promulgate rules necessary to implement this section.

History. Acts 2017, No. 423, § 9.

Subchapter 3 — State Crime Laboratory

Effective Dates. Acts 1975, No. 350, § 7: July 1, 1975. Emergency clause provided: “It is hereby found and determined by the Seventieth General Assembly that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a two (2) year period; that the effectiveness of this act on July 1, 1975 is essential to the operations of the agency for which the appropriations in this act are provided, and that in the event of an extension of the Regular Session, the delay in the effective date of this act beyond July 1, 1975 could work irreparable harm upon the proper administration and providing of essential governmental programs. Therefore, an emergency is hereby declared to exist and this act being necessary for the immediate preservation of the public peace, health, and safety shall be in full force and effect from and after July 1, 1975.”

Acts 1975, No. 736, § 3: Apr. 3, 1975. Emergency clause provided: “It has been found and it is hereby declared by the Seventieth General Assembly that officials of the Arkansas Department of Correction do not have the authority to carry out their responsibilities in regard to death occurring to people under their jurisdiction. Therefore, an emergency is declared to exist and this act, being immediately necessary for the preservation of the public peace, health, and safety and to insure the proper administration of justice shall be in full force and effect upon its passage and approval.”

Acts 1979, No. 864, § 24: Apr. 11, 1979. Emergency clause provided: “It is hereby found and determined by the Seventy-Second General Assembly that criminal activity continues to exist in the State of Arkansas, and the law enforcement agencies and the criminal justice system has a need for medical and scientific assistance from a consolidated State Crime Laboratory. Therefore, an emergency is hereby declared to exist, and this act being necessary for the immediate preservation of the public peace, health, and safety shall be in full force and effect from and after its passage and approval.”

Acts 1981, No. 984, § 3: became law without Governor's signature, Apr. 8, 1981. Emergency clause provided: “It is hereby found and determined by the General Assembly that the State Medical Examiner should have the authority to remove suitable pituitary glands during the course of an autopsy and donate the same to the Arkansas Dwarf Association for the extraction of hormones needed by dwarfs; and that this act is immediately necessary to provide such authority. Therefore, an emergency is hereby declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall be in full force and effect from and after its passage and approval.”

Acts 1985, No. 216, § 3: Feb. 28, 1985. Emergency clause provided: “It is hereby found and determined by the General Assembly that present law places a duty on certain persons to notify the sheriff and State Medical Examiner of the death of another by violence or a death under unusual circumstances; that the imposition of a penalty for failure to make such notice is necessary to insure proper reporting; and that this act is immediately necessary to assure that deaths occurring on or after the passage of this act are properly reported. Therefore, an emergency is hereby declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall be in full force and effect from and after its passage and approval.”

Acts 1985, No. 644, § 7: July 1, 1985. Emergency clause provided: “It is hereby found and determined by the Seventy-Fifth General Assembly, that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a two-year period; that the effectiveness of this act on July 1, 1985 is essential to the operation of the agency for which the appropriations in this act are provided, and that in the event of an extension of the Regular Session, the delay in the effective date of this act beyond July 1, 1985 could work irreparable harm upon the proper administration and provision of essential governmental programs. Therefore, an emergency is hereby declared to exist and this act being necessary for the immediate preservation of the public peace, health, and safety shall be in full force and effect from and after July 1, 1985.”

Acts 1993, No. 177, § 5: Feb. 19, 1993. Emergency clause provided: “It is hereby found and determined by the General Assembly that legislation has been proposed for immediate enactment to provide that the State Crime Laboratory shall perform post mortem examinations instead of autopsies; that the present law amended by this act requires whomever performs an autopsy to sign the death certificate; and whereas this law should be changed to post mortem examinations instead of autopsies; and whereas the legislation changing the State Crime Laboratory's duties to make post mortem examinations in lieu of autopsies will go into effect effective as soon as enacted; it is necessary that this act also go into effect as soon as enacted. Therefore, an emergency is hereby declared to exist and this act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1993, No. 178, § 5: Feb. 19, 1993. Emergency clause provided: “It is hereby found and determined by the General Assembly that the State Crime Laboratory is now required to perform autopsies in certain circumstances; that the Crime Laboratory should be required to conduct postmortem examinations in lieu of autopsies; that changing the requirements will grant necessary relief to the Crime Laboratory from its overwhelming workload; and that this act should go into effect immediately in order to provide that relief as soon as possible. Therefore, an emergency is hereby declared to exist and this act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1993, Nos. 1063 and 1246, § 5: Apr. 12, 1993, Apr. 20, 1993, respectively. Emergency clause provided: “It is hereby found and determined by the General Assembly that the return transportation of bodies for which postmortem examination has been requested and completed is not the function of the State Crime Laboratory, and that such responsibility places an undue hardship on the resources available to the State Crime Laboratory and its personnel. Therefore, an emergency is hereby declared to exist, and this act being immediately necessary for the preservation of the public peace, health, and safety shall be in full force and effect from and after its passage and approval.”

Acts 1995, No. 1151, § 11: July 1, 1995. Emergency clause provided: “It is hereby found and determined by the Eightieth General Assembly, that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a two (2) year period; that the effectiveness of this Act on July 1, 1995 is essential to the operation of the agency for which the appropriations in this Act are provided, and that in the event of an extension of the Regular Session, the delay in the effective date of this Act beyond July 1, 1995 could work irreparable harm upon the proper administration and provision of essential governmental programs. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 1995.”

Acts 1997, No. 250, § 258: Feb. 24, 1997. Emergency clause provided: “It is hereby found and determined by the General Assembly that Act 1211 of 1995 established the procedure for all state boards and commissions to follow regarding reimbursement of expenses and stipends for board members; that this act amends various sections of the Arkansas Code which are in conflict with the Act 1211 of 1995; and that until this cleanup act becomes effective conflicting laws will exist. Therefore an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective on the date of its approval by the Governor. If the bill is neither approved nor vetoed by the Governer, it shall become effective on the expiration of the period of time during which the Governor may veto the bill. If the bill is vetoed by the Governor and the veto is overridden, it shall become effective on the date the last house overrides the veto.”

Acts 2001, No. 1642, § 7: Apr. 16, 2001. Emergency clause provided: “It is hereby found and determined by the Eighty-third General Assembly, that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a two (2) year period; that due to the extraordinary increase in the number of illicit drug laboratory and criminal drug related cases filed throughout the state additional state resources are needed to examine and identify evidence turned over to the State Crime Laboratory; that constructing and equipping regional crime laboratories will provide the most efficient and effective method of meeting these demands; and that the effectiveness of this Act on the date of its passage and approval is essential to the operation of the agency for which the appropriations in this Act are provided, and that in the event of an extension of the Regular Session, the delay in the effective date of this Act beyond the date of its passage and approval could work irreparable harm upon the proper administration and provision of essential governmental programs. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after the date of its passage and approval. If the bill is neither approved nor vetoed by the Governor, it shall become effective on the expiration of the period of time during which the Governor may veto the bill. If the bill is vetoed by the Governor and the veto is overridden, it shall become effective on the date the last house overrides the veto.”

Acts 2007, No. 69, § 2: Feb. 8, 2007. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that families of firefighters and police officers, or other persons with a similar eligibility under the two (2) acts specified in subdivision (c)(1)(B) of this section who have died as a result of performing emergency services for their communities have not received timely access to awards programs that would assist the families in their time of crisis; and that those families are suffering unnecessarily, because the awards have not been readily available. Therefore, an emergency is declared to exist and this act being necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2007, No. 839, § 10: Apr. 3, 2007. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the donation of parts of human bodies provides a significant source for protecting the health and safety of the citizens of Arkansas; and that continuous advances in the technology of human transplants and the inherent limitations incident to transplantation from dead bodies require that this act become effective immediately. Therefore, an emergency is declared to exist and this act being necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2017, No. 147, § 5: Feb. 7, 2017. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that current law that generally applies to medical schools only references the University of Arkansas for Medical Sciences; that the establishment of additional medical schools in this state requires clarification that these laws apply to any medical schools in this state; and that this act is immediately necessary to ensure that the additional medical schools and their faculty can operate fully and efficiently to protect the well-being of Arkansans. Therefore, an emergency is declared to exist, and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

Case Notes

Evidence of Death.

There may be sufficient evidence of death, even in the absence of evidence of results of an autopsy or a medical doctor's opinion as to the cause of death. Sims v. State, 258 Ark. 940, 530 S.W.2d 182 (1975).

Cited: Henderson v. State, 279 Ark. 414, 652 S.W.2d 26 (1983).

12-12-301. Establishment.

  1. There is established a State Crime Laboratory.
  2. 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 toolmarks analysis;
    8. Digital evidence analysis; and
    9. Other such areas as the State Crime Laboratory Board deems necessary and appropriate.

History. Acts 1977, No. 517, § 1; 1979, No. 864, § 1; A.S.A. 1947, § 42-1201; Acts 2019, No. 636, § 1.

Publisher's Notes. Acts 1979, No. 864, § 1, provided, in part, that the office of the state medical examiner; the firearms and toolmarks identification, latent fingerprints, and questioned documents examination functions of the Arkansas State Police; and the Drug Analysis Laboratory of the State Health Department were transferred to and merged into the State Crime Laboratory.

Acts 1981, No. 45, § 6, provided that the State Crime Laboratory, which was located within the Department of Public Safety (abolished by Acts 1981, No. 45, § 1), and all its powers, functions, duties, personnel, and funds would be detached from that department and that the State Crime Laboratory would be operated as an independent state agency.

The section further provided that the members of the State Crime Laboratory Board and the officers and personnel of the State Crime Laboratory, including its head, would continue to be appointed in the same manner as then provided by law.

The section further provided that nothing in the act should be construed to reduce any right which an employee of the State Crime Laboratory had under any civil service or merit system.

Amendments. The 2019 amendment rewrote (b).

12-12-302. Board created — Members — Meetings.

    1. There is created a State Crime Laboratory Board.
      1. The members of the board shall be appointed by the Governor and confirmed by the Senate.
      2. However, a vacancy may be temporarily filled by the Governor until the Senate shall next meet.
  1. The members appointed by the Governor shall be composed of:
    1. One (1) member of the active judiciary;
    2. One (1) practicing member of the legal profession;
    3. One (1) active county sheriff;
    4. One (1) active chief of police;
    5. One (1) active prosecuting attorney;
    6. Two (2) physicians engaged in the active practice of private or academic medicine; and
    7. One (1) member at large from the state.
    1. Appointments to the board shall be for a term of seven (7) years.
      1. All appointments made at any time other than the day following the expiration of a term shall be made for the unexpired portion of the term.
      2. If, however, the Governor shall not make an appointment by January 15 of the year in which the term expires, that member shall continue to serve until he or she is reappointed or a successor is appointed, and the term of that member shall run for seven (7) years from January 15 in the year the term expired rather than for seven (7) years from the date of actual appointment.
    1. The board shall meet and elect one (1) of its members as chair and one (1) as vice chair.
    2. The chair shall have the power to call meetings of the board upon due notice of the meeting to all members of the board.
  2. A majority of the members of the board shall constitute a quorum to transact the business of the board.
  3. The board shall meet a minimum of one (1) time every three (3) months. Failure of any appointee to attend three (3) consecutive meetings shall constitute cause for removal from the board by the Governor.
  4. Members of the board may receive expense reimbursement and stipends in accordance with § 25-16-901 et seq. The sums shall be paid from the appropriated maintenance and general operations funds of the State Crime Laboratory.

History. Acts 1991, No. 383, § 2; 1997, No. 250, § 67; 2011, No. 219, § 1.

Publisher's Notes. Former § 12-12-302, concerning the creation of the State Crime Laboratory Board, was repealed by Acts 1991, No. 383, § 1. The former section was derived from Acts 1977, No. 517, § 2; 1979, No. 864, §§ 2-4; A.S.A. 1947, §§ 42-1203, 42-1205, 42-1206.

Acts 1991, No. 383, § 1, provided, in part, that the State Crime Laboratory Board created under former § 12-12-302 and the State Medical Examiner Commission created under former § 12-12-306 are abolished and the terms of their members shall expire on July 15, 1991. Section 1 also provided that the powers and duties of the former State Crime Laboratory Board and the former State Medical Examiner are transferred to a new board created under present § 12-12-302 known as the State Crime Laboratory Board.

Amendments. The 2011 amendment deleted “to be composed of eight (8) members” at the end of (a)(1); in (a)(2)(A), deleted the first sentence and substituted “The members of the board” for “the remaining seven (7) members of the board”; and substituted “Two (2) physicians” for “One (1) physician” in (b)(6).

12-12-303. Board's powers and duties generally.

  1. 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.
  2. The board is authorized to accept gifts, grants, or funds from persons, associations, corporations, foundations, and federal or state governmental agencies and to use the gifts, grants, or funds for purposes of carrying out this subchapter or for any other purposes not inconsistent with the purposes and intent of this subchapter which may be authorized by the board.
  3. The board is further authorized by this subchapter to enter into contracts, not inconsistent with law, and to do such things as it may deem necessary or appropriate to properly carry out the purposes and intent of this subchapter.

History. Acts 1979, No. 864, §§ 4, 21; A.S.A. 1947, §§ 42-1206, 42-1223; Acts 2019, No. 315, § 860.

Amendments. The 2019 amendment substituted “policies and rules” for “policies, rules, and regulations” in (a).

12-12-304. Director of the State Crime Laboratory.

    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 director may delegate specific duties to competent and qualified associates, assistants, and deputies who may act for the director within the scope of the authority granted him or her, subject, however, to such rules as may be prescribed by the State Crime Laboratory Board.
  2. The board shall prescribe the duties, responsibilities, compensation, and qualifications for the director.

History. Acts 1979, No. 864, §§ 5, 6; A.S.A. 1947, §§ 42-1207, 42-1208; Acts 2019, No. 315, § 861; 2019, No. 910, § 5843.

Amendments. The 2019 amendment by No. 315 deleted “and regulations” following “rules” in (b).

The 2019 amendment by No. 910 substituted “Director of the State Crime Laboratory” for “Executive director” in the section heading; redesignated (a) as (a)(1); in (a)(1), substituted “a director” for “an executive director” and added “and who shall serve at the pleasure of the Governor”; added (a)(2); substituted “director” for “executive director” in (b) and (c); and made a stylistic change.

12-12-305. Housing and equipment — Functions.

  1. 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 and proper for the laboratory to perform in carrying out its official duties and functions as provided by law.
  2. The laboratory shall have the equipment and personnel necessary to respond to the needs of all law enforcement agencies in the State of Arkansas with respect to the following functions:
    1. Forensic toxicology, including without limitation chemical testing and analysis of body fluids and the performance of procedures to determine the presence and significance of toxic agents both in the investigation of death cases authorized by this subchapter and in other appropriate cases;
    2. Criminalistics, including without limitation chemical testing of trace evidence, physical and microscopic analysis of evidence, latent fingerprint identification and classification, firearms and toolmarks identification, serology, DNA analysis, DNA database administration, and computer forensic analysis;
    3. Drug analysis, including without limitation analyzing and identifying substances suspected as being controlled, illicit, or contraband drugs;
    4. Pathology and biology, including the investigation and determination of the cause and manner of deaths that become subject to the jurisdiction of the State Medical Examiner under § 12-12-318 and the general application of the medical sciences to assist the criminal justice system in the State of Arkansas; and
    5. Any other laboratory divisions, sections, or functions that, in the opinion of the State Crime Laboratory Board, may serve the needs of law enforcement in the State of Arkansas for laboratory analysis.

History. Acts 1979, No. 864, §§ 7, 8; A.S.A. 1947, §§ 42-1209, 42-1210; 2013, No. 323, § 1; 2019, No. 910, § 5844.

Amendments. The 2013 amendment substituted “including without limitation” for “which shall include, but is not limited to” throughout (b); in (b)(2), deleted “questioned document examination and classification” preceding “latent fingerprint” and substituted “serology, DNA analysis, DNA database administration, and computer forensic analysis” for “and analysis, and, serology”; in (b)(4), substituted “including the investigation and determination” for “which shall include investigating and making a determination”, substituted “under” for “as set out in”, and deleted “shall include” preceding “the general”.

The 2019 amendment substituted “Director of the State Crime Laboratory” for “Executive Director of the State Crime Laboratory” in (a).

12-12-306. State Medical Examiner.

  1. 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.
  2. The director may remove the examiner only for cause and with the approval of the board.

History. Acts 1991, No. 383, § 3; 2011, No. 775, § 1; 2019, No. 910, § 5845.

Publisher's Notes. Former § 12-12-306, concerning the State Medical Examiner Commission, was repealed by Acts 1991, No. 383, § 1. The former section was derived from Acts 1969, No. 321, §§ 1, 3; A.S.A. 1947, §§ 42-611, 42-613.

Acts 1991, No. 383, § 1, provided, in part, that the State Crime Laboratory Board created under former § 12-12-302 and the State Medical Examiner Commission created under former § 12-12-306 are abolished and the terms of their members shall expire on July 15, 1991. Section 1 also provided that the powers and duties of the former State Crime Laboratory Board and the former State Medical Examiner are transferred to a new board created under present § 12-12-302 known as the State Crime Laboratory Board.

Amendments. The 2011 amendment, in (a), substituted “Executive Director of the State Crime Laboratory” for “State Crime Laboratory Board” and added “with the approval of the State Crime Laboratory Board”; and, in (b), substituted “executive director” for “board” and added “and with the approval of the board”.

The 2019 amendment, in (a), substituted “Director of the State Crime Laboratory” for “Executive Director of the State Crime Laboratory” and added “and in consultation with the Secretary of the Department of Public Safety”; and substituted “director” for “executive director” in (b).

12-12-307. Medical examiners — Qualifications — Duties.

    1. The State Medical Examiner as well as associate medical examiners shall:
      1. Be citizens of the United States;
      2. 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 Arkansas;
      3. Have a minimum of three (3) years postgraduate training in human pathology as recognized by the American Medical Association; and
      4. Have had at least one (1) year of experience in medical-legal practice.
    2. The State Medical Examiner shall also be board certified or eligible for board certification as recognized by the American Board of Pathology in Forensic Pathology.
  1. In addition to the duties prescribed in this subchapter, the State Medical Examiner and his or her associates may teach in the medical school, conduct classes for law enforcement officers and officials, lecture, do research, and engage in such activities as shall be deemed appropriate by the State Crime Laboratory Board.

History. Acts 1979, No. 864, § 9; A.S.A. 1947, § 42-1211.

12-12-308. Medical examiners — Professional liability insurance.

  1. 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 their duties under this subchapter.
  2. The premium for the policy of insurance shall be paid from funds appropriated by the General Assembly for the maintenance and general operations of the State Crime Laboratory.

History. Acts 1979, No. 864, § 19; A.S.A. 1947, § 42-1221.

12-12-309. Utilization of outside personnel.

  1. 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 Coordinating Board to seek accreditation by an accrediting agency recognized by the United States Department of Education, or with other persons or institutions, to obtain services with which to perform the duties set forth in this subchapter.
  2. The participation of a medical school’s faculty or of any other person or institution in carrying out the provisions of this subchapter shall in no way affect tenure or any other status with the medical school or institution.

History. Acts 1979, No. 864, § 5; A.S.A. 1947, § 42-1207; Acts 2017, No. 147, § 2; 2019, No. 910, § 5846.

Amendments. The 2017 amendment, in (a), substituted “may” for “is empowered to” 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 seek accreditation by an accrediting agency recognized by the United States Department of Education” for “the University of Arkansas for Medical Sciences, University of Arkansas for Medical Sciences Medical Center”; and, in (b), substituted “a medical school’s” for “the University of Arkansas for Medical Sciences”, inserted the first occurrence of “or institution”, and substituted “the medical school or institution” for “any such institution or agency”.

The 2019 amendment substituted “Director of the State Crime Laboratory” for “Executive Director of the State Crime Laboratory” in (a).

12-12-310. Reimbursement for use of outside faculty.

  1. 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 seek accreditation by an accrediting agency recognized by the United States Department of Education for the use of personnel from the institute and the medical school in performing services for the laboratory.
  2. The participation of a medical school’s faculty and institute faculty in carrying out the provisions of this subchapter shall in no way affect their tenure with the medical school and institute.

History. Acts 1977, No. 517, § 3; A.S.A. 1947, § 42-1204; Acts 2017, No. 147, § 2.

Amendments. The 2017 amendment rewrote (a); and, in (b), substituted “a medical school’s” for “center” and “the medical school and institute” for “their institution”.

12-12-311. Cooperation by others required — Tort immunity.

    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.
      1. The prosecuting attorney for each judicial district shall provide the laboratory each month with a list of cases having been adjudicated through plea negotiations and which require no further laboratory analysis.
      2. The monthly list shall contain the laboratory case number and will be used by the laboratory for the purpose of returning evidence on which analysis is no longer necessary, thus reducing the backlog of cases found on the evidence shelves at the laboratory.
    2. Nothing in this subchapter shall impair the authority of the prosecuting attorney to require further analysis of evidence in any case having been adjudicated through plea negotiations.
      1. Upon completion of all requested analysis of submitted evidence by the laboratory, the evidence shall be returned to the submitting agency within thirty (30) days.
      2. The submitting agency shall maintain and store evidence until released by a court of competent jurisdiction or the prosecuting attorney.
  1. Any physician or other person in attendance or present at the death of a person, or any hospital, if death occurs therein and results from such conditions and circumstances as set out in § 12-12-315, shall promptly notify the chief law enforcement official of the county or municipality which shall have jurisdiction and the laboratory of the death and shall assist in making available dead bodies and related evidence as may be requested by the Director of the State Crime Laboratory or his or her staff or by the law enforcement agency conducting the investigation.
  2. Any physician, surgeon, dentist, hospital, or other supplier of healthcare services shall cooperate and make available to the director or his or her staff the records, reports, charts, specimens, or X-rays of the deceased as may be requested where death occurs and an investigation is being conducted under the provisions of this subchapter.
  3. No person, institution, or office in this state which shall make available information or material under this section shall be liable for violating any criminal law of this state, nor shall any person, institution, or office be held liable in tort for compliance with this section.

History. Acts 1979, No. 864, § 12; A.S.A. 1947, § 42-1214; Acts 1999, No. 767, § 1; 2019, No. 910, § 5847.

Amendments. The 2019 amendment substituted “Director of the State Crime Laboratory” for “Executive Director of the State Crime Laboratory” in (b); and substituted “director” for “executive director” in (c).

12-12-312. Records confidential and privileged — Exception — Release.

        1. The records, files, and information kept, obtained, or retained by the State Crime Laboratory under this subchapter are privileged and confidential.
        2. However, the laboratory shall grant access to records pertaining to a defendant's criminal case to the following persons:
          1. The defendant;
          2. The public defender or other attorney of record for the defendant; and
          3. The prosecuting attorney or deputy prosecuting attorney having jurisdiction over the criminal case.
        3. The records, files, and information shall not be released to a person or entity other than those listed in subdivision (a)(1)(A)(ii) of this section except at the direction of a court of competent jurisdiction or the prosecuting attorney having criminal jurisdiction over the case.
        4. In cases in which the cause and manner of death are not criminal in nature, the laboratory may communicate without prior authorization required under subdivision (a)(1)(A)(iii) of this section with the decedent's next of kin or the next of kin's designee, including without limitation:
          1. Parents;
          2. Grandparents;
          3. Siblings;
          4. Spouses;
          5. Adult children; or
          6. Legal guardians.
        1. This section does not diminish the right of a defendant, his or her attorney, or an attorney who has provided a signed release from the defendant to full access to all records pertaining to the case.
        2. Promptly after discovering any evidence in a defendant's case that is kept, obtained, or retained by the laboratory and which tends to negate the guilt of the defendant as to the offense charged or would tend to reduce the defendant's punishment, the prosecuting attorney with jurisdiction over the case shall disclose the existence of the evidence to the defendant or his or her attorney.
      1. The Department of Health may access autopsy records, files, and information under this subchapter for the purpose of implementing the quality improvement provisions of the Trauma System Act, § 20-13-801 et seq., and the rules adopted by the State Board of Health under the Trauma System Act, § 20-13-801 et seq.
    1. However, a full report of the facts developed by the State Medical Examiner or his or her assistants shall be promptly filed with the law enforcement agencies, county coroner, and prosecuting attorney of the jurisdiction in which the death occurred.
  1. The State Crime Laboratory Board shall promulgate rules not contrary to law regarding the release of reports and information by the staff of the laboratory.
  2. All records, files, and information obtained or developed by the laboratory pertaining to a capital offense committed by a defendant who is subsequently sentenced to death for the commission of the capital offense shall be preserved and retained until the defendant's execution.

History. Acts 1969, No. 321, § 11; 1979, No. 864, § 16; A.S.A. 1947, §§ 42-621, 42-1218; Acts 1993, No. 1304, § 1; 1999, No. 519, § 1; 2001, No. 211, § 1; 2001, No. 917, § 1; 2011, No. 892, § 1; 2013, No. 298, § 1; 2015, No. 1040, § 1; 2019, No. 1001, § 1.

Amendments. The 2011 amendment added “that is kept, obtained, or retained by the laboratory” in (a)(1)(B)(ii); and added (a)(1)(B)(iii).

The 2013 amendment added (a)(1)(A)(iii).

The 2015 amendment rewrote (a)(1)(B)(ii); redesignated former (a)(1)(B)(iii) as (a)(1)(C); deleted “and regulations” following “rules” in (b); and substituted “the capital offense” for “that offense” in (c).

The 2019 amendment rewrote (a)(1)(A); and substituted “his or her attorney, or an attorney who has provided a signed release from the defendant” for “or his or her attorney” in (a)(1)(B)(i).

Research References

U. Ark. Little Rock L. Rev.

Survey of Legislation, 2001 Arkansas General Assembly, Law Enforcement and Emergency Management, 24 U. Ark. Little Rock L. Rev. 501.

Case Notes

Photocopying Costs.

Petitioner failed to show he had a right to copies of a report on latent fingerprint analysis, because indigency alone did not entitle a petitioner to free photocopying, and the petitioner had not fully established that the document that he sought existed or if it did exist, that it was not furnished to his counsel at trial. Hill v. State, 2012 Ark. 309 (2012).

12-12-313. Records as evidence — Analyst's testimony.

  1. 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 subject to the applicable rules of criminal procedure or civil procedure when duly attested to by the Director of the State Crime Laboratory or his or her assistants, associates, or deputies.
  2. This section does not abrogate a defendant's right of cross-examination if notice of intention to cross-examine is given before the date of a hearing or trial pursuant to the applicable rules of criminal procedure or civil procedure.
  3. The testimony of the appropriate analyst may be compelled by the issuance of a proper subpoena, in which case the records and reports shall be admissible through the analyst who shall be subject to cross-examination by the defendant or his or her counsel, either in person or via two-way closed-circuit or satellite-transmitted television pursuant to subsection (e) of this section.
    1. All records and reports of an evidence analysis of the laboratory shall be received as competent evidence as to the facts in any court or other proceeding when duly attested to by the analyst who performed the analysis.
    2. The defendant shall give at least ten (10) days' notice prior to the proceedings that he or she requests the presence of the analyst of the laboratory who performed the analysis for the purpose of cross-examination.
    3. Nothing in this subsection shall be construed to abrogate the defendant's right to cross-examine.
  4. Except trials in which the defendant is charged with capital murder, § 5-10-101, or murder in the first degree, § 5-10-102, in all criminal trials upon motion of the prosecutor the court may allow the prosecutor to present the testimony of the appropriate analyst by contemporaneous transmission from a laboratory facility via two-way closed-circuit or satellite-transmitted television which shall allow the examination and cross-examination of the analyst to proceed as though the analyst were testifying in the courtroom:
    1. After notice to the defendant;
    2. Upon proper showing of good cause and sufficient safeguards to satisfy all state and federal constitutional requirements of oath, confrontation, cross-examination, and observation of the witness's demeanor and testimony by the defendant, the court, and the jury; and
    3. Absent a showing of prejudice by the defendant.

History. Acts 1979, No. 864, § 18; A.S.A. 1947, § 42-1220; Acts 1989, No. 889, §§ 1, 2; 1999, No. 565, § 1; 2013, No. 297, § 1; 2019, No. 910, § 5848.

Amendments. The 2013 amendment inserted “or civil procedure” in (a) and (b).

The 2019 amendment substituted “Director of the State Crime Laboratory” for “Executive Director of the State Crime Laboratory” in (a).

Research References

ALR.

Application of Crawford Confrontation Clause Rule to Autopsy Testimony and Related Documents, 18 A.L.R.7th Art. 6 (2018).

U. Ark. Little Rock L.J.

Survey, Criminal Law, 12 U. Ark. Little Rock L.J. 617.

Case Notes

Purpose.

The purpose of this section is to remove reports, as described in subdivision (d)(1), from exclusion under the hearsay rule and make them admissible when certain requirements designed to establish their trustworthiness have been met. Hendrix v. State, 40 Ark. App. 52, 842 S.W.2d 443 (1992); Dodson v. State, 326 Ark. 637, 934 S.W.2d 198 (1996).

The purpose of this section is to remove reports from exclusion under the hearsay rule, not to require that they always be admitted for any reason. Echols v. State, 326 Ark. 917, 936 S.W.2d 509 (1996), cert. denied, 520 U.S. 1244, 117 S. Ct. 1853, 137 L. Ed. 2d 1055 (1997).

Applicability.

This section does not apply when the serologist who compiled the report testifies in person. Williams v. State, 322 Ark. 38, 907 S.W.2d 120 (1995).

Compliance.

The prosecution may introduce a drug analysis report through the testimony of a chemist who had not personally performed the test, if the report contains an attestation by the chemist who is purported to have performed the test; there is no notarization requirement. Willis v. State, 309 Ark. 328, 829 S.W.2d 417 (1992).

Contents of Report.

Hearsay statements contained in a serologist's report were not admissible and the names of suspects listed on the document would not be admitted unless there was some evidence to connect the suspects with the crimes; evidence that a third party may have committed the crime is inadmissible unless it points directly to the guilt of the third party. Echols v. State, 326 Ark. 917, 936 S.W.2d 509 (1996), cert. denied, 520 U.S. 1244, 117 S. Ct. 1853, 137 L. Ed. 2d 1055 (1997).

Crime Lab Report.

If a chemist's crime lab report fails to meet the prerequisites of this section, it is considered inadmissible hearsay under Evid. Rule 803(8)(iii); however, even when the state's report meets the statutory requirements and where the state intends to introduce the report as an exception to the hearsay rule, a defendant may, under subdivision (d)(2) of this section, still require the chemist's presence for the purpose of cross-examination, if the defendant requests the chemist's presence at least ten days prior to trial. Lockhart v. State, 314 Ark. 394, 862 S.W.2d 265 (1993).

A facsimile copy of the crime lab report that contained the analyst's attestation, rather than the copy itself, held admissible. Ingram v. State, 48 Ark. App. 105, 891 S.W.2d 805 (1995).

State presented substantial evidence through testimony from a forensic chemist from the state crime laboratory, although he did not perform the lab analysis for a substance obtained from a controlled buy involving defendant, and the lab report indicated that the substance contained methamphetamine, to show that the substance sold by defendant was a controlled substance. Jackson v. State, 2011 Ark. App. 528, 385 S.W.3d 394 (2011).

Cross-Examination.

While the procedural rule requiring pretrial notice of demand for the right of cross-examination of a laboratory employee is generally a reasonable one, there can be no reasonable basis for enforcing such a rule where it is not possible for the accused to comply. Hendrix v. State, 40 Ark. App. 52, 842 S.W.2d 443 (1992).

If, because this section does not contain a reasonable procedure for asserting the right of confrontation of laboratory employees, the trial has begun, the assertion of that right when it does arise is all that is required of the accused and casts upon the state the burden of either producing the witness for cross-examination or requesting a continuance in order to produce him. Hendrix v. State, 40 Ark. App. 52, 842 S.W.2d 443 (1992).

Trial court did not err in refusing to allow defendant the opportunity to question crime lab personnel after he had properly demanded to do so as it was a felony to sell counterfeit drug substances; defendant had committed an offense punishable by incarceration and was subject to a revocation of his probation, whether or not the substances found in the two baggies were narcotics, thus, the crime lab personnel's testimony was not necessary to prove the prosecution's case. Roston v. State, 362 Ark. 408, 208 S.W.3d 759 (2005).

“Duly Attested.”

The General Assembly intended for the phrase “duly attested to” to require more than the mere signature of the person or chemist who performed that analysis. Nard v. State, 304 Ark. 159, 801 S.W.2d 634 (1991); Willis v. State, 309 Ark. 328, 829 S.W.2d 417 (1992).

Where the chemist's report is stamped a certified copy and notarized the duly attested requirement is not fulfilled. Nard v. State, 304 Ark. 159, 801 S.W.2d 634 (1991).

Attestation contained on the face of chemist's report held sufficient. Dodson v. State, 326 Ark. 637, 934 S.W.2d 198 (1996).

Indicia of Truthfulness.

Some indicia of truthfulness must attend a chemist report's admissibility when it is introduced into a criminal proceeding as competent evidence. That assurance of truthfulness can best be given by the one who performed the test and made the analysis as is provided by subdivision (d)(1) of this section. Nard v. State, 304 Ark. 159, 801 S.W.2d 634 (1991).

Noncompliance.

It was error for the trial court to admit into evidence a chemical analysis report which did not conform to the requirements of subdivision (d)(1) of this section; however, when considering the report and other evidence presented by the state, sufficient evidence existed to support the conviction or count in issue and it was therefore proper to remand on that count for possible retrial rather than dismiss the count. Nard v. State, 304 Ark. 159, 801 S.W.2d 634 (1991).

Admission of crime laboratory chemist's report, over defendant's objection and without permitting defendant to cross-examine laboratory employees, contributed to defendant's conviction of delivery of a controlled substance, and since its admission was not harmless beyond a reasonable doubt, defendant's conviction was reversed and remanded. Hendrix v. State, 40 Ark. App. 52, 842 S.W.2d 443 (1992).

Right of Confrontation.

Because this section does not contain a reasonable procedure for asserting the right of confrontation when that right arises after the trial has begun, the assertion of that right when it does arise is all that is required of the accused and casts upon the state the burden of either producing the witness for cross-examination or requesting a continuance in order to produce him. Lockhart v. State, 314 Ark. 394, 862 S.W.2d 265 (1993).

The state has the burden of producing the chemist or obtaining a continuance when the state has caused the defendant to be unable to comply with this section's ten-day notice prerequisite; however, defendant is required to inform the state that he desires to have the analyst present at trial so the state will know it has the burden to produce the analyst as a witness. Lockhart v. State, 314 Ark. 394, 862 S.W.2d 265 (1993).

The defendant failed to show that he was deprived of his right of confrontation when the physician who actually performed an autopsy on the murder victim could not appear at trial and another physician from the laboratory testified in his place since he failed to show that he was prejudiced by the absence of the former physician. Marta v. State, 336 Ark. 67, 983 S.W.2d 924 (1999).

Although defendant argued that the introduction of a crime laboratory report without the chemist being available for cross-examination violated his right to confront the witnesses against him, defendant failed to give the required notice requesting the analyst's presence. Defendant cited no authority for his argument that he was excused from the notice requirement because the analyst, who was on maternity leave and was not called as a witness by the prosecution, appeared on the prosecution's witness list. Jones v. State, 2011 Ark. App. 683 (2011).

Even though the trial court violated defendant's right to confrontation under the Sixth Amendment by allowing a substitute analyst to testify regarding the results of a DNA test performed by another analyst, the error was harmless beyond a reasonable doubt; the victim's vivid description of being raped repeatedly and painfully by defendant constituted sufficient evidence to sustain his convictions of rape and second-degree sexual assault. Alejandro-Alvarez v. State, 2019 Ark. App. 450, 587 S.W.3d 269 (2019).

Waiver.

If the defendant does not give the statutory notice prior to the proceedings that he wants the person who performed the analysis to be present for cross-examination, the right of confrontation is waived. Johnson v. State, 303 Ark. 12, 792 S.W.2d 863 (1990).

Cited: Robinson v. State, 317 Ark. 512, 879 S.W.2d 419 (1994); Sanford v. State, 331 Ark. 334, 962 S.W.2d 335 (1998).

12-12-314. Fees — Disposition.

  1. 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 witness testimony provided in the trial of civil lawsuits, as follows:
    1. A fee shall be charged for records and reports of the laboratory in a reasonable amount to be set by the board when the request for the report shall be from an entity other than a law enforcement or criminal justice system agency;
      1. A fee shall be charged in an amount to be set by the board for consultations, scientific or medical research, depositions, expert witness testimony, and travel to and from courts.
      2. The fees under subdivision (a)(2)(A) of this section shall be at a rate not to exceed two hundred twenty-five dollars ($225) per hour or one thousand eight hundred dollars ($1,800) per day and shall be levied against the requesting individual, agency, or organization for work done in civil cases in which laboratory personnel involvement results from the performance of duties and responsibilities under this subchapter; and
    2. A charge of up to three thousand dollars ($3,000) for each autopsy requested by non-law enforcement officials.
  2. At no time shall any fee be levied or charge made to or against any law enforcement agency of the State of Arkansas for work performed under the provisions of this subchapter.
    1. All fees collected by the laboratory for copies of the following shall be deposited as a refund to expenditures:
      1. Autopsy reports;
      2. Autopsies requested by the Federal Aviation Administration, the Federal Bureau of Prisons, or the Department of Health for sudden infant death syndrome cases; and
      3. Expenses paid employees for testimony as expert witnesses.
    2. Other moneys derived from the charges provided for and authorized by this section shall be deposited into the State Treasury to the credit of the Miscellaneous Agencies Fund Account of the State General Government Fund.

History. Acts 1975, No. 350, § 4; 1979, No. 864, § 22; 1985, No. 644, § 4; A.S.A. 1947, §§ 42-1224, 42-1225; Acts 1995, No. 1189, § 1; 2011, No. 775, § 2; 2013, No. 296, § 1; 2013, No. 1129, § 1.

Amendments. The 2011 amendment, in (a)(2)(B), inserted “under subdivision (a)(2)(A) of this section”, substituted “two hundred twenty-five dollars ($225)” for “seventy-five dollars ($75.00)”, and substituted “one thousand eight hundred dollars ($1,800)” for “six hundred dollars ($600)”; and substituted “three thousand dollars ($3,000)” for “one thousand dollars ($1,000)” in (a)(3).

The 2013 amendment by No. 296 rewrote (c)(1).

The 2013 amendment by No. 1129 inserted “an entity” in (a)(1).

12-12-315. Notification of certain deaths.

    1. The county coroner, prosecuting attorney, and either the county sheriff or the chief of police of the municipality in which the death of a human being occurs shall be promptly notified by any physician, law enforcement officer, undertaker or embalmer, jailer, or coroner or by any other person present or with knowledge of the death if:
      1. The death appears to be caused by violence or appears to be the result of a homicide or a suicide or to be accidental;
      2. The death appears to be the result of the presence of drugs or poisons in the body;
      3. The death appears to be a result of a motor vehicle accident, or the body was found in or near a roadway or railroad;
      4. The death appears to be a result of a motor vehicle accident and there is no obvious trauma to the body;
      5. The death occurs while the person is in a state mental institution or hospital and there is no previous medical history to explain the death, or while the person is in police custody or jail other than a jail operated by the Division of Correction;
      6. The death appears to be the result of a fire or an explosion;
      7. The death of a minor child appears to indicate child abuse prior to death;
      8. Human skeletal remains are recovered or an unidentified deceased person is discovered;
      9. Postmortem decomposition exists to the extent that an external examination of the corpse cannot rule out injury, or in which the circumstances of death cannot rule out the commission of a crime;
      10. The death appears to be the result of drowning;
      11. The death is of an infant or a minor child under eighteen (18) years of age;
      12. The manner of death appears to be other than natural;
      13. The death is sudden and unexplained;
      14. The death occurs at a work site;
      15. The death is due to a criminal abortion;
      16. The death is of a person where a physician was not in attendance within thirty-six (36) hours preceding death, or, in prediagnosed terminal or bedfast cases, within thirty (30) days;
      17. A person is admitted to a hospital emergency room unconscious and is unresponsive, with cardiopulmonary resuscitative measures being performed, and dies within twenty-four (24) hours of admission without regaining consciousness or responsiveness, unless a physician was in attendance within thirty-six (36) hours preceding presentation to the hospital, or, in cases in which the decedent had a prediagnosed terminal or bedfast condition, unless a physician was in attendance within thirty (30) days preceding presentation to the hospital;
      18. The death occurs in the home; or
        1. The death poses a potential threat to public health or safety.
        2. Upon receiving notice of a death that poses a potential threat to public health or safety, the county coroner shall immediately notify the Department of Health.
    2. Nothing in this section shall be construed to require an investigation, autopsy, or inquest in any case in which death occurred without medical attendance solely because the deceased was under treatment by prayer or spiritual means in accordance with the tenets and practices of a well-recognized church or religious denomination.
  1. With regard to any death in a correctional facility, the county coroner and the State Medical Examiner shall be notified, and when previous medical history does not exist to explain the death, the Division of Arkansas State Police shall be notified.
  2. A violation of the provisions of this section is a Class A misdemeanor.

History. Acts 1969, No. 321, § 5; 1973, No. 509, § 1; 1979, No. 864, § 10; 1985, No. 216, § 1; A.S.A. 1947, §§ 42-615, 42-1212; Acts 1993, No. 1302, § 1; 1995, No. 311, § 2; 2001, No. 80, § 2; 2007, No. 194, § 1; 2007, No. 594, § 1; 2009, No. 165, § 3; 2009, No. 1286, § 1; 2019, No. 910, §§ 700, 701.

A.C.R.C. Notes. Acts 2001, No. 80, § 2, stated that “Arkansas Code 12-12-315(a) is amended to read as follows:” and then set out only subdivision (a)(1) of the section. As subdivision (a)(2) was neither contained in nor deleted from (a) as set out in Acts 2001, No. 80, the act was interpreted as amending subdivision (a)(1) only.

Amendments. The 2007 amendment by No. 194 substituted “under eighteen (18) years of age” for “in cases in which there is no previous medical history to explain the death” in (a)(1)(K).

The 2007 amendment by No. 594 added (a)(1)(S) and made related changes.

The 2009 amendment by No. 165 substituted “Department of Health” for “Department of Human Services” in (a)(1)(S)(ii), and made a minor punctuation change.

The 2009 amendment by No. 1286 rewrote the introductory language of (a)(1); substituted “or jail other than a jail operated by the Department of Correction” for “a jail or a penal institution” in (a)(1)(E); added (b); and redesignated former (b) as (c).

The 2019 amendment substituted “Division of Correction” for “Department of Correction” in (a)(1)(E); and substituted “Division of Arkansas State Police” for “Department of Arkansas State Police” in (b).

Cross References. Coroner may collect and secure decedent's prescription medication, § 14-15-306.

Coroner's investigation, § 14-15-302.

Fines, § 5-4-201.

Imprisonment, § 5-4-401.

Case Notes

Purpose.

The purpose of this section is to create a scientific and uniform method of investigating violent and unusual deaths. Stewart v. State, 257 Ark. 753, 519 S.W.2d 733, cert. denied, 423 U.S. 859, 96 S. Ct. 113, 46 L. Ed. 2d 86 (1975).

Authority to Conduct Autopsy.

Notification provisions of this section did not establish exclusive authority to conduct autopsies so as to prohibit an experienced pathologist who was not a qualified medical examiner from performing autopsy and then testifying. Stewart v. State, 257 Ark. 753, 519 S.W.2d 733, cert. denied, 423 U.S. 859, 96 S. Ct. 113, 46 L. Ed. 2d 86 (1975).

Cited: Bramlett v. Hobbs, 2015 Ark. 146, 463 S.W.3d 283 (2015).

12-12-316. Transportation of corpses.

  1. The State Crime Laboratory is authorized to transport bodies of persons whose death is subject to the provisions of this subchapter to an appropriate place for autopsy or for any other scientific tests.
      1. The bodies of such deceased persons shall be returned to the county from which they were brought by or at the expense of the laboratory only if the State Medical Examiner determines that the cause of death was not suicide, accidental, or from natural causes.
      2. In cases in which the examiner determines that the cause of death was suicide, accidental, or from natural causes, the expense of transporting and returning the bodies of such deceased persons shall be borne by whomever requests the laboratory to examine the cause of death, except for cases referred under the provisions of § 12-12-315(a)(2).
      3. A body may be transported when authorized by the prosecuting attorney, circuit court, county sheriff, or chief of police, or upon the request of the next of kin of the deceased or the persons who may be responsible for burial, to a place other than the county of origin.
    1. The laboratory shall not, however, be required to provide actual transportation or the cost of transportation in excess of what would be required to return the body to the county of origin.
  2. The laboratory shall provide transportation or shall bear the cost of transportation at the option of the Director of the State Crime Laboratory, but in no case shall the cost of transportation of dead bodies subject to the provisions of this subchapter be borne by the laboratory without the prior approval and authorization of the director or his or her staff.

History. Acts 1979, No. 864, § 13; A.S.A. 1947, § 42-1215; Acts 1993, No. 1063, § 1; 1993, No. 1246, § 1; 2019, No. 910, § 5849.

Amendments. The 2019 amendment, in (c), substituted “Director of the State Crime Laboratory” for “Executive Director of the State Crime Laboratory” and “director” for “executive director”.

Cross References. Transportation of the dead, § 20-7-115.

12-12-317. Death certificates.

  1. Except as provided under subsection (b) of this section, the certificate of death of a person whose death is investigated under this subchapter shall be made by the State Medical Examiner or by his or her designee or by the county coroner, whoever conducted the investigation.
  2. The examiner or his or her designee shall make and sign a certificate of death if:
      1. The examiner or his or her designee performs a postmortem examination.
      2. The person who performs the postmortem examination shall make and sign the certificate of death; or
      1. The certificate of death is for a person executed for a capital offense.
      2. The examiner or his or her designee shall list on the certificate of death of a person executed for a capital offense the:
        1. Manner of death as “Pursuant to a judicial sentence of death — Execution”; and
        2. Cause of death as “electrocution” or “lethal injection”, as applicable.
  3. When a petition is filed with a court of competent jurisdiction to change the cause or manner of death listed on a certificate of death which has been signed by the examiner or by his or her designee, the State Crime Laboratory shall be notified of such petition, and the examiner or his or her designee shall be allowed to hear testimony presented by the petitioner and shall be given an opportunity to present evidence to the court to support the original ruling of the examiner or his or her designee who signed the certificate of death.

History. Acts 1979, No. 864, § 17; A.S.A. 1947, § 42-1219; Acts 1993, No. 177, § 1; 1995, No. 201, § 1; 2017, No. 417, § 1.

Amendments. The 2017 amendment, added “Except as provided under subsection (b) of this section” in (a); rewrote (b); in (c), substituted “certificate of death” for “death certificate” following “listed”, substituted “designee” for “assistant” preceding “who signed”, and added “of death” at the end; and made stylistic changes.

12-12-318. Examinations, investigations, and postmortem examinations — Authorization and restrictions.

    1. When death occurs in such a manner or under such circumstances as described in § 12-12-315, the State Crime Laboratory shall have the power and authority to perform such functions and duties as may be provided by this subchapter.
      1. The laboratory shall make examinations, investigations, or perform postmortem examinations to determine the cause of death as the Director of the State Crime Laboratory or his or her staff deems necessary or as may be requested by the:
        1. County coroner of the county in which death occurs or is discovered;
        2. Prosecuting attorney of the jurisdiction in which death occurs or is discovered;
        3. County sheriff of the county in which death occurs or is discovered;
        4. Chief of police of the city in which death occurs or is discovered;
        5. Board of Corrections or its designee, or the Director of the Division of Correction or his or her designee if the person was in the care, custody, or control of the Division of Correction at the time of death; or
        6. Director of the Division of Arkansas State Police or his or her designee.
      2. Deputies of elected officers enumerated in subdivision (a)(2)(A) of this section shall have no authority to request a postmortem examination by the laboratory.
    1. In cases of sudden death in children between the ages of one (1) year and six (6) years with no previous major medical health problems, the State Medical Examiner, on a case-by-case basis, may delegate authority to the Arkansas Children's Hospital to perform postmortem examinations to determine the cause of death.
      1. Should any such postmortem examination determine that death occurred from foul play or a criminal act, the hospital will immediately notify the chief law enforcement officer of the jurisdiction in which the death occurred and the examiner.
      2. In addition, the examiner will be responsible for developing guidelines to assure that proper evidentiary procedures are followed.
    2. For purposes of this section, the hospital's staff pediatric pathologist, meeting the criteria prescribed in § 12-12-307, shall be considered assistant medical examiner and, notwithstanding any other provisions in this section, may perform postmortem examinations as directed by a duly constituted authority.
  1. Postmortem examinations or investigations authorized in this section may be conducted without consent of any person.
  2. The Director of the State Crime Laboratory and his or her staff shall not, as a part of their official duties, perform any postmortem examination at the request of any private citizen or any public official other than those enumerated in this section.
  3. The provisions of this section shall supersede any and all other laws relating to the power and authority of the Director of the State Crime Laboratory or his or her staff, including the examiner, to conduct examinations, investigations, or postmortem examinations.
    1. The Director of the State Crime Laboratory shall have the final authority on any ruling of manner of death which may become a matter of dispute between those persons authorized by this section to request a post-mortem examination as described in § 12-12-315 and the examiner or his or her associates.
    2. The Director of the State Crime Laboratory shall use any and all material accumulated by the laboratory, interview all parties necessary, and consult with any medical authority necessary for him or her to make his or her decision as to the manner of death, and his or her ruling shall be final and binding as that ruling affects any documents generated and signed by any employee of the laboratory relating to manner of death.
    3. This subsection and the director's decision in no way affects or prohibits any person or agency to seek any other relief that may be available through legal channels.

History. Acts 1969, No. 321, § 6; 1973, No. 509, § 2; 1975, No. 736, § 1; 1979, No. 864, § 11; 1981, No. 65, § 1; 1985, No. 644, § 3; A.S.A. 1947, §§ 42-616, 42-1213; Acts 1993, No. 178, § 1; 1995, No. 1151, § 5; 1997, No. 422, § 1; 2019, No. 910, §§ 5850-5852.

Amendments. The 2019 amendment substituted “Director of the State Crime Laboratory” for “Executive Director of the State Crime Laboratory” in the introductory language of (a)(2)(A); substituted “Division of Correction” for “Department of Correction” twice in (a)(2)(A)(v); substituted “Division of Arkansas State Police” for “Department of Arkansas State Police” in (a)(2)(A)(vi); and substituted “Director of the State Crime Laboratory” for “executive director” in (d), (e), (f)(1), and (f)(2).

Case Notes

Violations.

No violation of this section occurred where the deputy coroner observed the deceased at the crime scene, notified the State Crime Lab and took the body to the crime lab in a coroner's van, since the county coroner also went to the crime scene, observed the body, and ordered it photographed and sent to the crime lab. Cavin v. State, 313 Ark. 238, 855 S.W.2d 285 (1993).

12-12-319. Embalming corpse subject to examination, investigation, or autopsy — Penalty.

  1. It shall be unlawful to embalm a dead body when the body is subject to examination by the State Medical Examiner or his or her associates, assistants, or deputies as provided for in this subchapter, unless authorized by the examiner or his or her associates, assistants, or deputies or unless authorized by the prosecuting attorney of the jurisdiction in which the death occurs to so embalm.
  2. When a body subject to examination by the examiner or his or her associates has been embalmed without authorization by or prior notice to the examiner or his or her associates, assistants, or deputies as provided for in this subchapter, the Director of the State Crime Laboratory may, at his or her discretion, require an order from the circuit court of the jurisdiction in which death occurred before proceeding with his or her duties and responsibilities under this subchapter.
  3. Persons violating the provisions of this section shall be deemed guilty of a Class C misdemeanor.

History. Acts 1979, No. 864, § 14; A.S.A. 1947, § 42-1216; Acts 2019, No. 910, § 5853.

Amendments. The 2019 amendment substituted “Director of the State Crime Laboratory” for “Executive Director of the State Crime Laboratory” in (b).

Cross References. Fines, § 5-4-201.

Imprisonment, § 5-4-401.

12-12-320. Autopsies — Removal of pituitary gland.

  1. The State Medical Examiner and his or her assistants may remove the pituitary gland during the course of an autopsy and donate the pituitary gland to an appropriate organization.
  2. However, the pituitary gland shall not be removed under the authority of this section if the next of kin or the person having the right to control the disposition of the decedent's remains objects.

History. Acts 1981, No. 984, § 1; A.S.A. 1947, § 42-1213.2; Acts 2011, No. 779, § 10.

Amendments. The 2011 amendment substituted “an appropriate organization” for “the Arkansas Dwarf Association” in (a).

12-12-321. Autopsies — Exhumed bodies.

  1. Where death occurs under such circumstances as are set forth in § 12-12-315 and where a body has been buried without proper certification of death, it shall be the duty of the chief law enforcement official of the county or municipality in which death occurred or in which the body is buried or the State Medical Examiner, his or her associates, assistants, or deputies to notify the prosecuting attorney of the jurisdiction in which death occurred and the body is buried.
  2. The prosecuting attorney shall thereupon present the facts to the circuit court of the county, and the court may, by written order, require that the body be exhumed and an autopsy be performed by the State Crime Laboratory or its designee.
  3. A full and complete report of the facts developed by the autopsy shall be furnished to the court and the prosecuting attorney in timely fashion.
  4. The cost of the exhumation and for transportation to and from the place of autopsy shall be borne by the county in which the death occurred.

History. Acts 1979, No. 864, § 15; A.S.A. 1947, § 42-1217.

Research References

ALR.

Civil liability in conjunction with autopsy. 97 A.L.R.5th 419.

Case Notes

Grounds for Exhuming Body.

Evidence held sufficient to justify trial court's order to exhume body and secure autopsy. Donaldson v. Holcomb, 239 Ark. 958, 396 S.W.2d 281 (1965) (decision under prior law).

12-12-322. Hazardous duty pay.

    1. The State Crime Laboratory is authorized to provide special compensation to certain employees for each full pay period of eighty (80) hours worked in a job which requires contact at crime scenes, emergency sites, or other sites where exposure to potentially hazardous substances is possible.
    2. It is recognized that many substances which may be encountered may create harmful health effects from either short-term or long-term exposure.
    3. This special pay is to compensate the employees for the increased risk of personal injury.
    4. The rate of pay will be one and one-half (1.5) times the regular authorized hourly pay or hourly rate of pay and will be paid only for the time while at the site of a clandestine laboratory.
    5. Payment will be controlled by the Director of the State Crime Laboratory.
  1. The rate of pay for individuals who work less than a full pay period of eighty (80) hours or transfer to other work areas not defined in subsection (a) of this section, or both, will not receive any enhanced rate of pay for that or subsequent pay periods.
  2. This section covers employees who respond to clandestine laboratory sites for the purpose of assisting and dismantling of such laboratory sites and is limited to those employees in the position of:
  3. A monthly report shall be made to the Legislative Council describing all payments made to employees under the provisions of this section.

Class Code Title (1) B048 Chief Forensic Chemist; (2) Y023 Crime Lab Instrumentation Engineer, when performing the duties of a Forensic Chemist; (3) B057 Forensic Chemist; and (4) N336 Latent Prints Examiner.

Click to view table.

History. Acts 1995, No. 1151, § 4; 1997, No. 254, [§ 1]; 2019, No. 910, § 5854.

A.C.R.C. Notes. Acts 1997, No. 254, did not contain a section heading.

Amendments. The 2019 amendment substituted “Director of the State Crime Laboratory” for “Executive Director of the State Crime Laboratory” in (a)(5).

12-12-323. Crime Lab Equipment Fund.

  1. There is created the Crime Lab Equipment Fund on the books of the Auditor of State, the Treasurer of State, and the Chief Fiscal Officer of the State.
  2. The moneys in the fund shall be used by the State Crime Laboratory only for:
    1. The purchase of equipment;
    2. Operating expenses;
    3. Constructing and equipping regional crime laboratories; and
    4. The personal services and operating expenses of regional crime laboratories.

History. Acts 1999, No. 1120, § 3; 2001, No. 1066, § 1; 2001, No. 1642, § 3.

Publisher's Notes. Acts 1999, No. 1120, § 1, provided:

“Legislative intent. As stated in the comment to section 505 of the Uniform Controlled Substances Act, ‘Effective law enforcement demands that there be a means of confiscating the vehicles and instrumentalities used by drug traffickers in committing violations under this act. The reasoning is to prevent their use in the commission of subsequent offenses involving transportation or concealment of controlled substances and to deprive the drug trafficker of needed mobility.’ The General Assembly recognizes the importance of asset forfeiture as a means to confront drug trafficking. However, the General Assembly also recognizes that under the system that existed prior to the enactment of this act, the lack of uniformity and accountability in forfeiture procedures across the state has undermined confidence in the system. As the United States Supreme Court has stated, ‘Forfeiture provisions are powerful weapons in the war on crime; like any such weapons, their impact can be devastating when used unjustly.’ In order to alleviate the problems resulting from the lack of uniformity and accountability, the General Assembly has determined that time limits for initiating forfeiture proceedings and stricter controls over forfeited property will help alleviate such problems while strengthening forfeiture as a vital weapon against drug trafficking. Specifically, it is the intent of § 5-64-505(a) that there be no forfeitures based solely upon a misdemeanor possession of a controlled substance. However, if the prosecuting attorney can prove that other evidence exists to establish a basis for forfeiture, the property may be forfeited. It is the intent of § 5-64-505(d) to reduce the conflict between state and federal authorities over seizures executed by state law enforcement officers. It is the intent of § 5-64-505(h) to allow law enforcement agencies and drug task forces to maintain forfeited property for official use, provided that the final order disposing of such property defines the legal entity that is responsible for such property. Section 5-64-505(i)(1)(D) governs those situations in which a seizure results in the forfeiture of money and or property in excess of two hundred fifty thousand dollars ($250,000). It is the specific intent of the General Assembly that forfeiture proceedings not be structured in such a way as to defeat the General Assembly's intent that money or property in excess of two hundred fifty thousand dollars ($250,000) be transferred to the Special State Assets Forfeiture Fund. It is determined that such fund can best be used to combat drug trafficking statewide.”

12-12-324. Testing by State Crime Laboratory.

  1. A firearm used in the commission of a crime that comes into the custody of a law enforcement agency in this state may be delivered to the State Crime Laboratory within thirty (30) calendar days for forensic testing for firearms meeting the caliber and type determined by the Director of the State Crime Laboratory.
      1. The laboratory may conduct forensic tests on all firearms received and input the resulting data into the National Integrated Ballistics Information Network of the United States Bureau of Alcohol, Tobacco, Firearms, and Explosives.
      2. The forensic tests may include without limitation firing of the firearm and electronic imaging of the bullets and casings.
    1. The laboratory shall coordinate with all participating agencies when investigations require the use of the National Integrated Ballistics Information Network computer database.
    2. The laboratory shall provide written analysis reports and experts for testimony when feasible.
    3. After completion of the forensic testing, the firearm shall be returned to the law enforcement agency that submitted the firearm for forensic testing.
    4. When the law enforcement agency regains possession of the firearm and after final adjudication, the law enforcement agency shall immediately notify the owner, unless the owner is prohibited by law from possessing the firearm, that the owner may regain possession of the firearm at the offices of the law enforcement agency.
  2. A law enforcement agency in this state may request the assistance of the Division of Arkansas State Police in tracing a firearm.
  3. A firearm seized by the Arkansas State Game and Fish Commission for violation of a commission rule is exempt from this section.
  4. The State Crime Laboratory Board may adopt rules for the implementation of this section, including without limitation rules regarding forensic testing of a firearm and procedures for submission of a firearm.

History. Acts 1999, No. 1558, §§ 1, 2; 2001, No. 788, § 1; 2005, No. 1257, § 1; 2019, No. 315, § 862; 2019, No. 910, § 5855; 2019, No. 1010, § 1.

Amendments. The 2005 amendment redesignated former (a)(1)(A) and (B) as present (a)(1) and (a)(2); substituted “used in the commission of a crime that” for “which” in present (a)(1); deleted former (a)(2); substituted “laboratory may” for “laboratory shall” in (b)(1)(A); in (b)(1)(B), substituted “tests may” for “tests shall” and “electronic imaging of” for “photographing”; deleted former (b)(5) and (d); redesignated former (b)(6) and (e) as present (b)(5) and (d); substituted “Department of Arkansas State Police” for “department” in (c); and added present (e).

The 2019 amendment by No. 315 substituted “rule” for “regulation” in (d).

The 2019 amendment by No. 910 substituted “Division of Arkansas State Police” for “Department of Arkansas State Police” in (c).

The 2019 amendment by No. 1010 rewrote (a), (b), and (e).

12-12-325. [Repealed.]

Publisher's Notes. This section, concerning autopsies and anatomical gifts, was repealed by Acts 2007, No. 839, § 3. The section was derived from Acts 2005, No. 1782, § 1.

12-12-326. Autopsies — Line-of-duty death — Definitions.

  1. As used in this section:
    1. “Eligible person” means a person with an eligibility similar to a firefighter or police officer under the Public Safety Officers' Benefits Act of 1976 or the Hometown Heroes Survivors Benefits Act of 2003, 42 U.S.C. § 3796 et seq., as appropriate;
    2. “Firefighter” means any member of a fire department or fire fighting unit of the Arkansas Forestry Commission, any city of the first class or city of the second class, any town, or any unincorporated rural area of this state, who actively engages in the fighting of fires on either a regular or voluntary basis; and
    3. “Police officer” means any law enforcement officer engaged in official duty who is:
      1. A member of:
        1. Any regular or auxiliary police force on a full-time or part-time basis; or
        2. The Division of Arkansas State Police; or
      2. A sheriff or deputy sheriff of any county.
  2. A coroner or a supervisor of a firefighter, police officer, or eligible person shall promptly notify the State Medical Examiner if the firefighter, police officer, or eligible person dies in the line of duty as a result of injuries sustained in the line of duty or within twenty-four (24) hours after participating in an emergency situation.
      1. The examiner may conduct an autopsy on any firefighter, police officer, or eligible person who dies in the line of duty as a result of injuries sustained in the line of duty or within twenty-four (24) hours after participating in an emergency situation.
      2. The autopsy shall be sufficient to determine eligibility for benefits under the Public Safety Officers' Benefits Act of 1976 or the Hometown Heroes Survivors Benefits Act of 2003, 42 U.S.C. § 3796 et seq., as appropriate.
      3. A report of the autopsy shall be provided to the firefighter's or police officer's commanding officer or the supervisor of the eligible person.
      1. If the firefighter, police officer, or eligible person has agreed in writing to allow an autopsy under this section, that directive shall be followed unless the firefighter's, police officer's, or eligible person's spouse dictates otherwise after being notified of the prospective autopsy.
      2. If the firefighter, police officer, or eligible person has not agreed in writing to allow an autopsy under this section, the firefighter's, police officer's, or eligible person's spouse may decide whether or not an autopsy will be performed.
      3. If the firefighter's, police officer's, or eligible person's spouse chooses not to allow the autopsy:
        1. No autopsy may be performed; and
        2. The body of the firefighter, police officer, or eligible person shall be released to the next of kin.
      1. If the examiner does not perform an autopsy under this section, he or she shall provide to the firefighter's or police officer's commanding officer or the supervisor of the eligible person written notice stating the reason why an autopsy was not performed.
      2. The written notice under subdivision (c)(3)(A) of this section shall include a toxicology report.

History. Acts 2007, No. 69, § 1; 2009, No. 165, § 4; 2019, No. 910, § 5856.

Amendments. The 2009 amendment substituted “eligible person” for “other person with a similar eligibility under the two (2) acts specified in subdivision (c)(1)(B) of this section” or similar language throughout the section; inserted (a)(1) and redesignated the remaining subdivisions accordingly; substituted “written notice under subdivision (c)(3)(A) of this section” for “letter” in (c)(3)(B); and made numerous minor stylistic changes.

The 2019 amendment substituted “Division of Arkansas State Police” for “Department of Arkansas State Police” in (a)(3)(A)(ii).

Subchapter 4 — Sexual Assault — Medical-Legal Examinations

Effective Dates. Acts 1983, No. 403, § 10: Mar. 13, 1983. Emergency clause provided: “It is hereby found and determined by the General Assembly that the present law regarding the providing of emergency medical treatment, and payment therefor, to victims of sexual assault are unclear and in need of immediate clarification in order to maintain the financial integrity of the program, and that this act is immediately necessary to accomplish the same. Therefore, an emergency is hereby declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall be in full force and effect from and after its passage and approval.”

Acts 1991, No. 396, § 10: Mar. 7, 1991. Emergency clause provided: “It is hereby found and determined by the General Assembly that certain provisions of previous enactments of the General Assembly providing for reparations to crime victims failed to provide sufficient assessments to adequately fund the Crime Victims Reparations Fund and that it is therefore necessary to increase the amounts assessed to compensate and assist victims of criminal acts who suffer personal injury or death. Therefore, an emergency is hereby declared to exist and this act being necessary for the immediate preservation of the public peace, health and safety, shall be in full force and effect from and after its passage and approval.”

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

12-12-401. Definitions.

As used in this subchapter:

    1. “Appropriate emergency medical-legal examinations” means health care delivered with emphasis on the collection of evidence for the purpose of prosecution.
    2. It shall include, but not be limited to, the appropriate components contained in an evidence collection kit for sexual assault examination distributed by the Forensic DNA Section of the State Crime Laboratory;
  1. “Licensed health care provider” means a person licensed in a healthcare field who conducts medical-legal examinations;
  2. “Medical facility” means any healthcare provider that is currently licensed by the Department of Health and providing emergency services; and
  3. “Victim” means any person who has been a victim of any alleged sexual assault or incest as defined by § 5-14-101 et seq. and § 5-26-202.

History. Acts 1983, No. 403, §§ 1-3; A.S.A. 1947, §§ 41-1820 — 41-1822; Acts 1991, No. 612, § 1; 2001, No. 993, § 1; 2003, No. 1390, § 3.

Research References

U. Ark. Little Rock L. Rev.

Survey of Legislation, 2001 Arkansas General Assembly, Law Enforcement and Emergency Management, 24 U. Ark. Little Rock L. Rev. 501.

12-12-402. Procedures governing medical treatment.

  1. All medical facilities or licensed healthcare providers conducting medical-legal examinations in Arkansas shall adhere to the procedures set forth in this section in the event that a person presents himself or herself or is presented for treatment as a victim of rape, attempted rape, any other type of sexual assault, or incest.
      1. Any adult victim presented for medical treatment shall make the decision of whether or not the incident will be reported to a law enforcement agency.
      2. No medical facility or licensed healthcare provider may require an adult victim to report the incident in order to receive medical treatment.
        1. Evidence will be collected only with the permission of the victim.
        2. However, permission shall not be required when the victim is unconscious, mentally incapable of consent, or intoxicated.
      1. Should an adult victim wish to report the incident to a law enforcement agency, the appropriate law enforcement agencies shall be contacted by the medical facility or licensed healthcare provider or the victim's designee.
        1. The victim shall be given a medical screening examination by a qualified medical person as provided under the Emergency Medical Treatment and Active Labor Act, 42 U.S.C. § 1395dd, as in effect on January 1, 2001, if the victim arrives at the emergency department of a hospital, and the person shall be examined and treated and any injuries requiring medical attention will be treated in the standard manner.
        2. A medical-legal examination shall be conducted and specimens shall be collected for evidence.
      2. If a law enforcement agency has been contacted and with the permission of the victim, the evidence shall be turned over to the law enforcement officers when they arrive to assume responsibility for investigation of the incident.
    1. Any victim under eighteen (18) years of age shall be examined and treated, and any injuries requiring medical attention shall be treated in the standard manner.
    2. A medical-legal examination shall be performed, and specimens shall be collected for evidence.
    3. The reporting medical facility or licensed healthcare provider shall follow the procedures set forth in Subchapter 4 of the Child Maltreatment Act, § 12-18-101 et seq., regarding the reporting of injuries to victims under eighteen (18) years of age.
    4. The evidence shall be turned over to the law enforcement officers when they arrive to assume responsibility for investigation of the incident.
  2. Reimbursement for the medical-legal examinations shall be available to the medical facility or licensed healthcare provider pursuant to the procedures set forth in § 12-12-403.
  3. A medical facility or licensed healthcare provider shall not transfer the victim to another medical facility unless:
    1. The victim or a parent or guardian of a victim under eighteen (18) years of age requests the transfer, or a physician or other qualified medical personnel when a physician is not available has signed a certification that the benefits to the victim's health would outweigh the risks to the victim's health as a result of the transfer; and
    2. The transferring medical facility or licensed healthcare provider provides all necessary medical records and ensures that appropriate transportation is available.

History. Acts 1985, No. 400, §§ 1, 2; 1985, No. 838, §§ 1, 2; A.S.A. 1947, §§ 41-1828, 41-1829; Acts 1991, No. 612, § 2; 2001, No. 993, § 2; 2009, No. 758, § 23; 2017, No. 250, § 4; 2017, No. 845, § 3.

A.C.R.C. Notes. Acts 2009, No. 758, § 29, provided:

“Contingent Effectiveness. This act shall not become effective unless an act of the Eighty-Seventh General Assembly repealing the Arkansas Child Maltreatment Act, § 12-12-501 et seq., and enacting a new Child Maltreatment Act, § 12-18-101 et seq., becomes effective.”

The contingency in Acts 2009, No. 758, § 29, was met by Acts 2009, No. 749.

Amendments. The 2009 amendment substituted “Subchapter 4 of the Child Maltreatment Act, § 12-18-101 et seq.” for “§ 12-12-507” in (c)(3).

The 2017 amendment by No. 250 redesignated (e)(1)(A) and (B) as (e)(1); substituted “victim's health” for “patient's health” twice in (e)(1); and substituted “healthcare” for “health care” in (e)(2).

The 2017 amendment by No. 845 substituted “A medical facility or licensed healthcare provider shall not transfer the victim” for “The victim shall not be transferred” in the introductory language of (e); redesignated (e)(1)(A) and (B) as (e)(1); substituted “victim's health” for “patient's health” twice in (e)(1); and substituted “healthcare” for “health care” in (e)(2).

12-12-403. Examinations and treatment — Payment.

  1. All licensed emergency departments shall provide prompt, appropriate emergency medical-legal examinations for sexual assault victims.
      1. All victims shall be exempted from the payment of expenses incurred as a result of receiving a medical-legal examination if the victim receives the medical-legal examination within ninety-six (96) hours of the attack.
      2. However, the time limitation of ninety-six (96) hours may be waived if the victim is a minor or if the Crime Victims Reparations Board finds that good cause exists for the failure to provide the medical-legal examination within the required time.
      1. This subsection does not require a victim of sexual assault to participate in the criminal justice system or to cooperate with law enforcement in order to be provided with a forensic medical exam or reimbursement for charges incurred on account of a forensic medical exam, or both.
      2. Subdivision (b)(2)(A) of this section does not preclude a report of suspected abuse or neglect as permitted or required by the Child Maltreatment Act, § 12-18-101 et seq.
    1. A medical facility or licensed healthcare provider that performs a medical-legal examination shall submit a sexual assault reimbursement form, an itemized statement that meets the requirements of 45 C.F.R. § 164.512(d), as it existed on January 2, 2001, directly to the board for payment.
    2. The medical facility or licensed healthcare provider shall not submit any remaining balance after reimbursement by the board to the victim.
    3. Acceptance of payment of the expenses of the medical-legal examination by the board shall be considered payment in full and bars any legal action for collection.

History. Acts 1983, No. 403, §§ 4, 5; A.S.A. 1947, §§ 41-1823, 41-1824; Acts 1991, No. 396, § 8; 2001, No. 993, § 3; 2007, No. 676, § 4; 2009, No. 758, § 24; 2017, No. 920, § 1.

A.C.R.C. Notes. Acts 2009, No. 758, § 29, provided:

“Contingent Effectiveness. This act shall not become effective unless an act of the Eighty-Seventh General Assembly repealing the Arkansas Child Maltreatment Act, § 12-12-501 et seq., and enacting a new Child Maltreatment Act, § 12-18-101 et seq., becomes effective.”

The contingency in Acts 2009, No. 758, § 29, was met by Acts 2009, No. 749.

Amendments. The 2007 amendment redesignated former (b) as present (b)(1)(A); deleted “following conditions are met” following “provided the” in (b)(1)(A); deleted former (b)(1); deleted the former (b)(2)(A) designation; added present (b)(2); and made minor punctuation and stylistic changes.

The 2009 amendment substituted “Child Maltreatment Act, § 12-18-101 et seq.” for “Arkansas Child Maltreatment Act, § 12-12-501 et seq.” in (b)(2)(B).

The 2017 amendment, in (b)(1)(A), substituted “if the victim receives” for “provided the victim must receive” and “ninety-six (96)” for “seventy-two (72)” preceding “hours”; and, in (b)(1)(B), substituted “time limitation of ninety-six (96) hours” for “seventy-two-hour time limitation” and “medical-legal examination” for “exam”.

Case Notes

Cited: Griswold v. State, 290 Ark. 79, 716 S.W.2d 767 (1986).

12-12-404. Reimbursement of medical facility — Rules.

  1. The Crime Victims Reparations Board may reimburse any medical facility or licensed healthcare provider that provides the services outlined in this subchapter for the reasonable cost for such services.
  2. The board is empowered to prescribe minimum standards and rules necessary to implement this subchapter. These shall include, but not be limited to, a cost ceiling for each claim and the determination of reasonable cost.

History. Acts 1983, No. 403, § 6; A.S.A. 1947, § 41-1825; Acts 1991, No. 396, § 1; 2001, No. 993, § 4; 2019, No. 315, § 863.

Amendments. The 2019 amendment substituted “standards and rules” for “standards, rules, and regulations” in the first sentence of (b).

12-12-405. License suspension or revocation.

Noncompliance with the provisions of this subchapter is grounds for licensure suspension or revocation pursuant to the provisions of § 20-9-215 or any other provisions governing the licensure of medical facilities or healthcare providers.

History. Acts 1991, No. 612, § 3; 2001, No. 993, § 5.

12-12-406. Sexual assault collection kits — Submission for testing — Definitions.

  1. As used in this section:
    1. “Anonymous kit” means a sexual assault collection kit that is collected from a possible victim of a sexual assault who has not decided whether to report the sexual assault to a law enforcement agency;
    2. “Healthcare provider” means a person or facility that provides a medical-legal examination;
    3. “Law enforcement agency” means a police force or organization whose primary responsibility as established by statute or ordinance is the enforcement of the criminal laws, traffic laws, or highway laws of this state;
    4. “Medical-legal examination” means health care delivered to a possible victim of a sexual assault, with an emphasis on the gathering and preserving of evidence for the purpose of serving criminal justice;
    5. “Sexual assault” means an offense described in § 5-14-101 et seq. or § 5-26-202; and
    6. “Sexual assault collection kit” means a human biological specimen or specimens collected during a medical-legal examination from the alleged victim of a sexual assault.
    1. A healthcare provider that has collected required victim information as part of a medical-legal examination shall enter the required victim information into a sexual assault collection kit tracking system of the State Crime Laboratory before transferring the sexual assault collection kit to a law enforcement agency with jurisdiction.
    2. The system described in subdivision (b)(1) of this section shall provide secure electronic access that allows a law enforcement agency, a healthcare provider, the laboratory, and a victim to access tracking information.
    3. A sexual assault collection kit collected by a healthcare provider shall be taken into custody by a law enforcement agency as soon as possible and within three (3) business days of notice from the healthcare provider.
    1. A law enforcement agency that receives a sexual assault collection kit from a healthcare provider shall enter all necessary information into the system described in subdivision (b)(1) of this section.
    2. A law enforcement agency that receives a sexual assault collection kit from a healthcare provider that relates to a report of a sexual assault that occurred outside of the jurisdiction of the law enforcement agency shall have the sexual assault collection kit delivered to the law enforcement agency having jurisdiction within ten (10) days of learning that the other law enforcement agency has jurisdiction.
  2. A sexual assault collection kit shall be submitted to the laboratory by the receiving law enforcement agency as soon as possible, but no later than fifteen (15) days after receipt of the sexual assault collection kit.
    1. A law enforcement agency is not required to submit an anonymous kit to the laboratory if the victim does not affirmatively request submission.
    2. If a victim chooses to provide a personal statement about the sexual assault to a law enforcement agency at any time after initially declining to provide a personal statement, the anonymous kit shall be delivered to the laboratory as soon as possible, but no later than fifteen (15) days after the victim chooses to provide a personal statement to the law enforcement agency.
  3. If available, a suspect standard or a consensual partner elimination standard shall be submitted to the laboratory:
    1. With the sexual assault collection kit, if available, at the time the sexual assault collection kit is submitted; or
    2. As soon as possible, but no later than fifteen (15) days from the date the sexual assault collection kit was obtained by the law enforcement agency, if the suspect standard or consensual partner elimination standard is not obtained until after the sexual assault collection kit is submitted.
    1. Starting July 1, 2019, the laboratory shall test all sexual assault collection kits that are received from a law enforcement agency with the goal of developing autosomal DNA profiles that are eligible for entry into the Combined DNA Index System.
    2. Sexual assault collection kits shall be tested by the laboratory and the tests completed within sixty (60) days of receipt from the law enforcement agency.
    3. The ability of the laboratory to complete all tests within sixty (60) days of receipt may be dependent upon the following factors:
      1. The number of sexual assault collection kits that the laboratory receives;
      2. The technology and improved testing methods available;
      3. The establishment of a fully trained and dedicated staff to meet the caseload; and
      4. The number of lab requests received relating to other crime categories.
    4. Failure to meet a deadline established under this subsection or administrative rule is not a basis for dismissal of a criminal action or a bar to the admissibility of the evidence in a criminal action.

History. Acts 2019, No. 839, § 1.

Subchapter 5 — Child Abuse Reporting

Publisher's Notes. Former subchapter 5, concerning the reporting of child abuse, was repealed by Acts 1991, No. 1208, § 17. The former subchapter was derived from the following sources:

12-12-501. Acts 1975, No. 397, § 1; A.S.A. 1947, § 42-807n.

12-12-502. Acts 1975, No. 397, § 2; 1979, No. 624, § 1; 1981, No. 907, § 1; 1985, No. 1033, § 1; A.S.A. 1947, § 42-807.

12-12-503. Acts 1975, No. 397, § 11; 1985, No. 1033, § 4; A.S.A. 1947, § 42-816.

12-12-504. Acts 1975, No. 397, § 3; A.S.A. 1947, § 42-808; Acts 1988 (4th Ex. Sess.), No. 5, § 4; 1988 (4th Ex. Sess.), No. 15, § 4.

12-12-505. Acts 1975, No. 397, § 4; A.S.A. 1947, § 42-809.

12-12-506. Acts 1975, No. 397, § 5; A.S.A. 1947, § 42-810.

12-12-507. Acts 1975, No. 397, §§ 2, 7; 1979, No. 624, §§ 1, 2; 1981, No. 907, § 1; 1985, No. 407, §§ 1, 2; 1985, No. 1033, §§ 1, 2; A.S.A. 1947, §§ 42-807, 42-812; Acts 1989, No. 824, § 1.

12-12-508. Acts 1975, No. 397, § 8; 1979, No. 624, § 3; 1985, No. 1033, § 3; A.S.A. 1947, § 42-813; Acts 1987, No. 1036, §§ 1, 2.

12-12-509. Acts 1975, No. 397, § 6; A.S.A. 1947, § 42-811.

12-12-510. Acts 1975, No. 397, § 9; A.S.A. 1947, § 42-814; Acts 1987, No. 1036, § 3.

12-12-511. Acts 1975, No. 397, § 10; 1979, No. 75, § 1; A.S.A. 1947, § 42-815; Acts 1989, No. 421, § 1.

12-12-512. Acts 1975, No. 397, § 12; 1985, No. 425, § 1; 1985, No. 672, § 1; A.S.A. 1947, § 42-817.

12-12-513. Acts 1975, No. 397, § 12; 1985, No. 425, § 1; 1985, No. 672, § 1; A.S.A. 1947, § 42-817.

12-12-514. Acts 1975, No. 397, § 13; A.S.A. 1947, § 42-818; Acts 1989, No. 687, § 1.

12-12-515. Acts 1975, No. 397, § 13; 1979, No. 624, § 4; 1985, No. 1033, § 5; A.S.A. 1947, §§ 42-818, 42-819; Acts 1987, No. 1036, §§ 6, 7; 1989, No. 28, § 1.

12-12-516. Acts 1975, No. 397, § 13; A.S.A. 1947, § 42-818; Acts 1987, No. 1036, §§ 4, 5, 7; 1989, No. 863, § 1.

12-12-517. Acts 1975, No. 397, § 13; A.S.A. 1947, § 42-818.

12-12-501 — 12-12-519. [Repealed.]

A.C.R.C. Notes. Section 12-12-504 was amended by Acts 2009, No. 165, § 5, to clarify the culpable mental state required to commit the criminal offenses and to clarify the criminal offenses. However, § 12-12-504 was also specifically repealed by Acts 2009, No. 749, § 2.

Section 12-12-505 was amended by Acts 2009, No. 954, § 1, to amend the procedure for removing an offender's name from the statewide central registry for cases involving allegations of child maltreatment. However, § 12-12-505 was also specifically repealed by Acts 2009, No. 749, § 2, and a new section concerning removal of names from the Child Maltreatment Central Registry, § 12-18-908, was enacted by Acts 2009, No. 749, § 1. Section 12-18-908 includes similar provisions to the amendments to § 12-12-505 that were made by Acts 2009, No. 954, § 1.

Section 12-12-507 was amended by Acts 2009, No. 629, § 1, to expand the list of mandated reporters of child maltreatment. However, § 12-12-507 was also specifically repealed by Acts 2009, No. 749, § 2, and a new section concerning mandated reporters of child maltreatment, § 12-18-402, was enacted by Acts 2009, No. 749, § 1. Section 12-18-402 was subsequently amended by Acts 2009, No. 1409, § 1, to include the amendments to § 12-12-507 that were made by Acts 2009, No. 629, § 1.

Publisher's Notes. This subchapter was repealed by Acts 2009, No. 749, § 2. The subchapter was derived from the following sources:

12-12-501. Acts 1991, No. 1208, § 1; 2001, No. 1210, § 1; 2003, No. 758, § 1.

12-12-502. Acts 1991, No. 1208, § 14; 1997, No. 1234, § 1.

12-12-503. Acts 1991, No. 1208, § 2; 1993, No. 1126, §§ 3-5; 1995, No. 804, § 2; 1995, No. 1341, §§ 1-3; 1997, No. 1334, § 1; 1999, No. 36, § 1; 1999, No. 1340, §§ 22-25, 34, 36; 2001, No. 1210, § 2; 2003, No. 175, § 1; 2003, No. 758, § 2; 2005, No. 1176, § 2; 2005, No. 1706, § 1; 2007, No. 284, § 1; 2007, No. 586, § 1.

12-12-504. Acts 1991, No. 1208, § 12; 1995, No. 1341, § 4; 1997, No. 1351, § 1; 2007, No. 586, § 2.

12-12-505. Acts 1991, No. 1208, §§ 8, 9; 1993, No. 1088, § 1; 1995, No. 1341, § 5; 1997, No. 1334, § 2; 2001, No. 1210, § 3; 2001, No. 1434, § 1; 2003, No. 758, §§ 3, 4; 2005, No. 1706, § 2.

12-12-506. Acts 1991, No. 1208, § 9; 1992 (1st Ex. Sess.), No. 49, § 2; 1995, No. 1341, § 6; 1997, No. 1334, § 3; 1999, No. 1222, §§ 4, 5; 1999, No. 1340, §§ 26, 27; 2001, No. 1210, § 4; 2003, No. 758, §§ 5, 6; 2005, No. 1706, §§ 3-5; 2007, No. 586, § 3.

12-12-507. Acts 1991, No. 1208, §§ 3, 4; 1993, No. 1126, § 6; 1995, No. 1341, §§ 7, 8; 1999, No. 214, § 1; 2001, No. 1210, § 5; 2001, No. 1236, § 1; 2003, No. 758, §§ 7-9; 2003, No. 1039, § 1; 2005, No. 912, § 1; 2005, No. 1176, § 5; 2005, No. 1706, §§ 6-8; 2007, No. 284, § 2; 2007, No. 586, §§ 4, 5; 2007, No. 703, §§ 9, 10, 11.

12-12-508. Acts 1991, No. 1208, § 3; 1997, No. 535, § 1; 1999, No. 1340, § 28; 2001, No. 1210, § 6; 2007, No. 586, § 6.

12-12-509. Acts 1991, No. 1208, § 4; 1995, No. 1341, § 9; 1997, No. 535, § 2; 1997, No. 1334, § 4; 1999, No. 626, § 1; 2001, No. 1210, § 7; 2003, No. 175, § 2; 2003, No. 758, § 10; 2005, No. 1466, § 5; 2005, No. 1706, §§ 9, 10; 2007, No. 284, § 3; 2007, No. 586, § 7.

12-12-510. Acts 1991, No. 1208, § 4; 1993, No. 1126, § 7; 1997, No. 1334, § 5; 1999, No. 1340, § 29; 2003, No. 758, §§ 11, 12; 2005, No. 1706, §§ 11, 12; 2007, No. 586, § 8.

12-12-511. Acts 1991, No. 1208, § 4; 1995, No. 1341, § 10; 1997, No. 1334, § 6; 2001, No. 1210, § 8.

12-12-512. Acts 1991, No. 1208, §§ 5, 7; 1993, No. 1126, § 8; 1995, No. 804, § 3; 1995, No. 1341, § 11; 1997, No. 1334, § 7; 1999, No. 1340, § 30; 2001, No. 1210, § 9; 2003, No. 758, §§ 13, 14; 2005, No. 132, § 1; 2005, No. 172, §§ 1, 2; 2005, No. 1706, § 13; 2007, No. 161, §§ 1, 2; 2007, No. 284, § 4; 2007, No. 586, § 9.

12-12-513. Acts 1991, No. 1208, § 7; 2001, No. 1210, § 10.

12-12-514. Acts 1991, No. 1208, § 6; 1995, No. 1341, § 12; 1997, No. 1334, § 8; 2001, No. 1210, § 11; 2003, No. 758, § 15.

12-12-515. Acts 1991, No. 1208, § 9; 1992 (1st Ex. Sess.), No. 49, § 1; 1995, No. 1341, § 13; 1997, No. 1334, § 9; 2001, No. 1210, § 12; 2003, No. 758, § 16.

12-12-516. Acts 1991, No. 1208, § 10; 1999, No. 1340, § 31; 2001, No. 1210, § 13; 2003, No. 758, § 17; 2003, No. 1166, § 32; 2005, No. 1706, § 14; 2007, No. 586, § 10; 2007, No. 703, § 12.

12-12-517. Acts 1991, No. 1208, § 11; 2005, No. 1706, § 15.

12-12-518. Acts 1991, No. 1208, § 13; 2001, No. 1210, § 14; 2003, No. 1039, § 2.

12-12-519. Acts 2001, No. 1210, § 15.

For current law, see the Child Maltreatment Act, § 12-18-101 et seq.

Subchapter 6 — Knife and Gunshot Wound Reporting

Effective Dates. Acts 1949, No. 258, § 4: approved Mar. 8, 1949. Emergency clause provided: “It having been ascertained that immediate report of knife and gunshot injury would curtail crime and assist peace officers in performance of their duties, and being necessary for the health, peace, and safety of the public, an emergency is hereby declared, and this act shall be in full force and effect from and after its passage.”

12-12-601. Penalty.

Any person violating any provision of this subchapter shall be guilty of a violation and shall be fined in any amount not less than ten dollars ($10.00) nor more than one hundred dollars ($100).

History. Acts 1949, No. 258, § 3; A.S.A. 1947, § 42-503; Acts 2005, No. 1994, § 76.

Amendments. The 2005 amendment substituted “violation” for “misdemeanor.”

12-12-602. Report of treatment required.

  1. All physicians, surgeons, hospitals, druggists, or other persons or entities that render first aid treatment to a person shall report as provided in subsection (b) of this section if they treat or receive in the hospital a case of a:
    1. Knife or gunshot wound when the knife or gunshot wound appears to have been intentionally inflicted; or
    2. Burn wound that could reasonably be connected to criminal activity that is:
      1. A second or third degree burn to five percent (5%) or more of a person's body; or
      2. A burn to a person's upper respiratory tract or laryngeal edema due to the inhalation of super-heated air.
  2. The reporting requirements of this subchapter are satisfied if:
    1. The report is made to the county sheriff;
    2. Within a city of the first class, the report is made to the municipal law enforcement agency; or
    3. The report is made under subdivision (a)(2) of this section to the local fire marshal, fire chief, assistant fire chief, or an officer of the fire department having jurisdiction.
  3. A physician, surgeon, hospital, druggist, or other person or entity required to report under this section that, in good faith, makes a report under this section has immunity from any civil or criminal liability that might otherwise be incurred or imposed with respect to the making of a report under this section.

History. Acts 1949, No. 258, § 1; A.S.A. 1947, § 42-501; Acts 2005, No. 1962, § 33; 2011, No. 270, § 1.

Amendments. The 2005 amendment, in (a), deleted “whether public or private, and all” preceding “druggists,” substituted “persons or entities” for “persons,” and “render” for “might be called upon to render,” inserted “to the office of the sheriff of the county,” substituted “when the” for “which” and deleted “to the office of the sheriff of the county or to one of his or her regular commissioned deputies” at the end.

The 2011 amendment subdivided (a) into (a)(1) and (a)(2); in the introductory paragraph of (a), inserted “to a person” and substituted “as provided in subsection (b) of this section if they treat or receive in the hospital a case of a” for “to the office of the county sheriff of the county all cases of”; substituted “wound when the knife or gunshot wound appears” for “wounds treated by them or received in the hospital when the wounds appear” in (a)(1); added (a)(2); rewrote (b); and added (c).

Research References

U. Ark. Little Rock L. Rev.

Breanna Trombley, Note: Criminal Law — No Stitches for Snitches: The Need for a Duty-to-Report Law in Arkansas, 34 U. Ark. Little Rock L. Rev. 813 (2012).

Case Notes

Cited: Baker v. State, 276 Ark. 193, 637 S.W.2d 522 (1982).

12-12-603. Contents and time of report.

  1. The report shall be made immediately upon the nature of the injury being ascertained, shall be by telephone if possible and practicable, otherwise by writing, and shall contain the name, age, sex, race, and location of the person so injured, together with names of persons bringing the patient in for treatment, if any.
  2. A written report under this subchapter shall not be in compliance unless speedier means of transmitting the notice are not available, are impractical, or are incapable of reaching an officer.

History. Acts 1949, No. 258, § 2; A.S.A. 1947, § 42-502.

Subchapter 7 — Psychological Stress Tests

Effective Dates. Acts 1975, No. 342, § 5: became law without Governor's signature, Mar. 10, 1975. Emergency clause provided: “It is hereby found and determined by the General Assembly that existing law regulating the use and operation of devices or instruments designed to test or question individuals for the purpose of verifying the truth of statement is unduly restrictive and works a great hardship on the law enforcement agencies of this state; that the immediate passage of this act is necessary to promote and encourage the more efficient enforcement of the criminal laws of this State; therefore, an emergency is hereby declared to exist and this act being necessary for the immediate preservation of the public peace, health, and safety shall be in full force and effect from and after its passage and approval.”

12-12-701. Authorization.

Notwithstanding the provisions of the Polygraph Examiners Licensing Act, § 17-39-101 et seq., all law enforcement agencies in this state are authorized to use a psychological stress evaluation instrument to test or question individuals for the purpose of determining and verifying the truth of statements.

History. Acts 1975, No. 342, § 1; A.S.A. 1947, § 42-901.

Case Notes

Admissibility as Evidence.

Testimony of unlicensed state police employee administering polygraph test held inadmissible. Holcomb v. State, 268 Ark. 138, 594 S.W.2d 22 (1980).

12-12-702. Warnings.

Prior to administering any psychological evaluation tests, the person to whom the test is administered must be warned prior to any questioning that:

  1. He or she has a right to remain silent;
  2. Anything he or she says can be used against him or her in a court of law;
  3. He or she has the right to the presence of an attorney; and
  4. If he or she cannot afford an attorney, one may be appointed for him or her prior to his or her questioning if he or she so desires.

History. Acts 1975, No. 342, § 2; A.S.A. 1947, § 42-902.

12-12-703. Minors.

No psychological stress evaluation shall be given to any person under eighteen (18) years of age without first having received written authorization from the parent or guardian of the individual.

History. Acts 1975, No. 342, § 4; A.S.A. 1947, § 42-904.

Case Notes

Cited: Misskelley v. State, 323 Ark. 449, 915 S.W.2d 702 (1996).

12-12-704. Results inadmissible.

The results of any such examination as provided in this subchapter shall be inadmissible in all courts in this state.

History. Acts 1975, No. 342, § 3; A.S.A. 1947, § 42-903.

Case Notes

Opinion Testimony.

Long-standing rule prohibiting the admission of polygraph results properly applied where, had the trial judge allowed polygraph expert to offer his opinion that the defendant's answers were not deceptive, the state would have offered the opinion of detective that the defendant's answers were deceptive, and this would have created the very situation which the legislature and the courts have sought to avoid: the likelihood of credibility determinations being made by reference to the unreliable results of a polygraph examination. Misskelley v. State, 323 Ark. 449, 915 S.W.2d 702 (1996).

Reference to Polygraph Test.

Any reference at trial to a polygraph test, in the absence of an agreement or other justifiable circumstances, ordinarily constitutes prejudicial error. Hayes v. State, 298 Ark. 356, 767 S.W.2d 525 (1989).

While neither the results of a lie detector examination nor testimony that indirectly or inferentially apprises a jury of the results of a lie detector examination are admissible, the fact that the jury is apprised that a lie detector test was taken is not necessarily prejudicial if no inference as to the result is raised or if any inferences that might be raised as to the result are not prejudicial. Wingfield v. State, 303 Ark. 291, 796 S.W.2d 574 (1990).

A witness's veracity can not be bolstered or discredited by proof of his taking or refusing a lie detector test, and evidence of a witness's willingness or reluctance to be examined is also prejudicial and inadmissible to prove consciousness of innocence or of guilt. Wingfield v. State, 303 Ark. 291, 796 S.W.2d 574 (1990).

The district court's finding that there was no agreement between defendant's counsel and the prosecutor that a polygraph test result would be admissible was not clearly erroneous; having failed to obtain an oral agreement from the prosecutor, defendant's counsel cannot be criticized for failing to reduce that agreement to writing, and without an agreement of any kind, the polygraph test results were clearly inadmissible. Houston v. Lockhart, 9 F.3d 62 (8th Cir. 1993).

Trial court properly denied defendant's motion for mistrial after a witness mentioned defendant's having missed an appointment for a polygraph exam; the appellate court held that defendant had not met his burden of showing the jury was prejudiced by the referral to the missed polygraph exam and, even if prejudice could be presumed, any error caused was harmless in view of the overwhelming evidence of defendant's guilt. Peters v. State, 357 Ark. 297, 166 S.W.3d 34 (2004).

In a rape case, although the prohibition on the introduction of polygraph results in this section extended to the willingness or reluctance to be examined as evidence of consciousness of innocence or guilt, the state was not prohibited from introducing a redacted portion of an interview where defendant discussed taking the test; moreover, there was no requirement that the entire statement should have been admitted under Arkansas case law or Ark. R. Evid. 106. Rollins v. State, 362 Ark. 279, 208 S.W.3d 215 (2005).

Motion for a mistrial was properly denied based on a reference to a polygraph test as the state did not elicit the comment about the polygraph, and nothing indicated what the results were. Johnson v. State, 366 Ark. 8, 233 S.W.3d 123 (2006).

Stipulation by Parties.

The trial court properly excluded evidence of an accomplice's polygraph examination absent a written stipulation between the parties. Foster v. State, 285 Ark. 363, 687 S.W.2d 829 (1985).

Polygraph tests are admissible only if both parties agree in writing to the admission. Houston v. Lockhart, 958 F.2d 826 (8th Cir. 1992).

The prosecution was under no obligation to make a written stipulation agreeing to the admission of polygraph tests results, regardless of any alleged oral agreement it may have made before the defendant took the tests. Houston v. Lockhart, 958 F.2d 826 (8th Cir. 1992).

The Arkansas Supreme Court has not interpreted this section literally; rather, test results are admissible if both parties enter into a written stipulation agreeing on their admissibility. Houston v. Lockhart, 982 F.2d 1246 (8th Cir. 1993).

An oral agreement to admit polygraph test results would be unenforceable. Houston v. Lockhart, 982 F.2d 1246 (8th Cir. 1993).

Cited: Cogburn v. State, 292 Ark. 564, 732 S.W.2d 807 (1987); Porter v. Ark. Dep't of Human Servs., 2011 Ark. App. 342 (2011); Nelson v. State, 2013 Ark. App. 421 (2013).

Subchapter 8 — Missing Children

12-12-801. Report of missing child — Notation on records.

  1. When either a law enforcement officer or the Attorney General is notified by the parents, guardian, or other person having custody of a child that the child is missing, the law enforcement officer or the Attorney General shall:
    1. Ensure that the missing child information is entered into the Missing Persons Information Clearinghouse within the Arkansas Crime Information Center under § 12-12-205 and the National Crime Information Center; and
    2. Within five (5) business days after being notified by the parents, guardian, or other person having custody of the child, inform by certified mail, return receipt requested, the Division of Vital Records of the Department of Health and the superintendent or school administrator of the school where the child was attending that the child has been reported as missing.
  2. The division shall enter on or attach to the child's birth certificate a notice that the child has been reported missing. The school the child was attending shall make or attach the same notation on the child's school records.

History. Acts 1987, No. 164, § 1; 1993, No. 116, § 1; 2011, No. 598, § 1.

Amendments. The 2011 amendment subdivided part of (a); inserted (a)(1); in (a)(2), substituted “notified by the parents, guardian, or other person having custody of the child” for “so notified” and inserted “or school administrator”; and inserted “the child was attending” in (b).

12-12-802. Request for birth certificate — Notification of law enforcement officer or Attorney General.

  1. When the Division of Vital Records of the Department of Health receives a request for the birth certificate of a child who has been reported missing pursuant to this subchapter, the division shall within five (5) business days after receipt of the inquiry notify the law enforcement officer or the Attorney General, whoever initiated the report to the division, and furnish the name, address, and telephone number, if known, of the person making the inquiry.
  2. The notice to the law enforcement officer or the Attorney General shall be by certified mail, return receipt requested.

History. Acts 1987, No. 164, § 1; 1993, No. 116, § 2.

12-12-803. Request for school records — Notification of law enforcement officer or Attorney General.

  1. When a school receives a request for the records of a child who has been reported missing, the school shall, within five (5) business days, excluding days when the school is closed, after receipt of the inquiry, notify the law enforcement officer or the Attorney General and furnish the name, address, and telephone number, if known, of the person making the inquiry.
  2. The notice shall be by certified mail, return receipt requested.
  3. Any felony-homicide offense under § 5-10-101, § 5-10-102, or § 5-10-104 if the underlying felony is an offense listed in this subdivision (13)(A)(i);
  4. Sexually grooming a child, § 5-27-307;
  5. Trafficking of persons under § 5-18-103(a)(4);
  6. Patronizing a victim of human trafficking, § 5-18-104; and
  7. Sexual extortion, § 5-14-113;
    1. Which is similar to any of the offenses enumerated in subdivision (13)(A)(i) of this section;
    2. When the adjudication of guilt requires registration under sex offender registration laws of another state or jurisdiction; or
    3. If the conviction was for a violation of:
      1. A video;
      2. A photograph;
      3. A blog post;
      4. A podcast;
      5. A transmission or message; or
      6. An email.
      7. YouTube; or
      8. Any other similar format, program, application, or internet service; and
      1. A screen name;
      2. A user identification; or
      3. A user name.

History. Acts 1987, No. 164, § 1; 1993, No. 116, § 3.

Subchapter 9 — Sex Offender Registration Act of 1997

Publisher's Notes. Former subchapter 9, concerning the Habitual Child Sex Offender Registration Act, was repealed by Acts 1997, No. 989, § 23. The former subchapter was derived from the following sources:

12-12-901. Acts 1987, No. 587, § 1.

12-12-902. Acts 1987, No. 587, § 2.

12-12-903. Acts 1987, No. 587, § 10.

12-12-904. Acts 1987, No. 587, §§ 3, 6.

12-12-905. Acts 1987, No. 587, §§ 4, 5.

12-12-906. Acts 1987, No. 587, § 7.

12-12-907. Acts 1987, No. 587, § 8.

12-12-908. Acts 1987, No. 587, § 7.

12-12-909. Acts 1987, No. 587, § 9.

Cross References. Juvenile sex offender assessment and registration, § 9-27-356.

Restrictions on registered sex offenders, §§ 5-14-1285-14-134.

Status as a registered sex offender, § 12-12-1513.

Effective Dates. Acts 1999, No. 1353, § 20: July 1, 1999, and Sept. 1, 1999. Emergency clause provided: “It is hereby found and determined by the Eighty-second General Assembly, that the need to register sex or child offenders or sexually violent predators is necessary to ensure the safety of the citizens of Arkansas. Currently, some sex or child offenders or sexually violent predators do not fall within the provisions of the current law and are therefore not required to be registered. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective on September 1, 1999. Section 15 and Section 17 of this act shall become effective on July 1, 1999.”

Acts 2006 (1st Ex. Sess.), No. 4, § 11: Apr. 7, 2006. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the need to register sex offenders and update the registration files of sex offenders is necessary to ensure the safety of the citizens of the State of Arkansas; that the provisions of this act will improve the process of registering sex offenders and updating the registration files of sex offenders; and that this act is immediately necessary because of the public risk posed by sex offenders. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2007, No. 394, § 11: Mar. 21, 2007. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the need to register and verify registration of sex offenders and sexually violent predators is necessary to ensure the safety of the citizens of the State of Arkansas; that the provisions of this act will improve the process of registering and verifying the registration of sex offenders and sexually violent predators; and that this act is necessary because of the public risk posed by sex offenders and sexually violent predators. Therefore, an emergency is declared to exist and this act being necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

12-12-901. Title.

This subchapter shall be known and may be cited as the “Sex Offender Registration Act of 1997”.

History. Acts 1997, No. 989, § 1; 2001, No. 1743, § 1.

Research References

ALR.

State Statutes or Ordinances Requiring Persons Previously Convicted of Crime to Register with Authorities as Applied to Juvenile Offenders — Duty to Register, Requirements for Registration, and Procedural Matters. 38 A.L.R.6th 1.

State Statutes or Ordinances Requiring Persons Previously Convicted of Crime to Register with Authorities as Applied to Juvenile Offenders — Expungement, Stay or Deferral, Exceptions, Exemptions, and Waiver. 39 A.L.R.6th 577.

Court's Duty to Advise Sex Offender as to Sex Offender Registration Consequences or Other Restrictions Arising from Plea of Guilty, or to Determine that Offender Is Advised Thereof. 41 A.L.R.6th 141.

Application of Apprendi v. New Jersey, 530 U.S. 466, 120 S. Ct. 2348, 147 L. Ed. 2d 435 (2000), and Blakely v. Washington, 542 U.S. 296, 124 S. Ct. 2531, 159 L. Ed. 2d 403, 6 A.L.R. Fed. 2d 619 (2004), to Sex Offender Registration Statutes. 51 A.L.R.6th 139.

Validity and Applicability of State Requirement That Person Convicted or Indicted of Sex Offenses Be Subject to Electronic Location Monitoring, Including Use of Satellite or Global Positioning System. 57 A.L.R.6th 1.

Validity of State Sex Offender Registration Laws Under Ex Post Facto Prohibitions. 63 A.L.R.6th 351.

Validity, Construction and Application of State Sex Offender Registration Statutes Concerning Level of Classification — General Principles, Evidentiary Matters, and Assistance of Counsel. 64 A.L.R.6th 1.

Validity, Construction, and Application of State Sex Offender Registration Statutes Concerning Level of Classification — Initial Classification Determination. 65 A.L.R.6th 1.

Validity, Construction, and Application of State Sex Offender Registration Statutes Concerning Level of Classification — Claims for Downward Departure. 66 A.L.R.6th 1.

Validity, Construction, and Application of State Sex Offender Registration Statutes Concerning Level of Classification — Claims Challenging Upward Departure. 67 A.L.R.6th 1.

Validity, Construction, and Application of State Sex Offender Statutes Prohibiting Use of Computers and Internet as Conditions of Probation or Sentence. 89 A.L.R.6th 261.

Validity of State Sex Offender Registration Laws Under Equal Protection Guarantees. 93 A.L.R.6th 1.

Validity, Construction, and Application of Federal Sex Offender Registration and Notification Act (SORNA), 42 U.S.C. §§ 16901 et seq., its Enforcement Provision, 18 U.S.C. § 2250, and Associated Regulations. 30 A.L.R. Fed. 2d 213.

Ark. L. Rev.

Loe, Arkansas Sexual Offender Registration and Notification Laws: An Ex Post Facto Violation? Ark. Code Ann. §§ 12-12-90112-12-920 and Snyder v. State of Arkansas, 53 Ark. L. Rev. 175.

U. Ark. Little Rock L. Rev.

Survey of Legislation, 2001 Arkansas General Assembly, Law Enforcement and Emergency Management, 24 U. Ark. Little Rock L. Rev. 501.

Case Notes

Constitutionality.

The Sex and Child Offender Registration Act of 1997, §§ 12-12-90112-12-920, is essentially regulatory and non-punitive in nature; therefore, it cannot be considered a violation of the ex post facto clauses of the United States or Arkansas Constitutions. Kellar v. Fayetteville Police Dep't, 339 Ark. 274, 5 S.W.3d 402 (1999).

In General.

Where defendant was convicted of a sex offense and registered as a sex offender in another state, and while living in Arkansas for five years he was convicted of breaking and entering and felony theft of property and was given suspended sentences, but all the while he failed to register as a sex offender as required by § 12-12-905(a)(2) of the Sex Offender Registration Act, § 12-12-901 et seq., his failure to register or report a change of address was a Class D felony, and the state met its burden of proving by a preponderance of the evidence that defendant violated a condition of his suspended sentences. Williams v. State, 351 Ark. 229, 91 S.W.3d 68 (2002).

Reduction of sex offender's risk assessment was appropriate pursuant to the Sex Offender Registration Act of 1997, § 12-12-901 et seq., because defendant's answers during his assessment interview appeared to have been consistent with documents assembled for the interview; additionally, no incidents were cited where defendant's answers differed from documents assembled for the interview. Ark. Dep't of Corr. Sex Offender Screening & Risk Assessment v. Claybaugh, 93 Ark. App. 11, 216 S.W.3d 134 (2005).

Applicability.

Sentencing court had authority to order the registration of a defendant as a sexual offender because the defendant's crime of public sexual indecency was classified as a sexual offense, under § 5-14-111, and because § 12-12-903(13)(B)(ii) did not restrict the sentencing court's authority to order registration for a person's conviction as a sex offender for a sexual offense neither enumerated in § 12-12-903(13)(A)(i) nor included under the provisions of § 12-12-903(13)(B)(ii). Fountain v. State, 103 Ark. App. 15, 285 S.W.3d 706 (2008).

Illustrative Cases.

Appellant failed to state a claim for habeas corpus relief, because the trial court had to enter an amended judgment requiring him to register as a child or sexual offender under the Arkansas Sex Offender Registration Act of 1997, § 12-12-901 et seq., when he entered a plea of guilty to false imprisonment, theft of property, and domestic battery committed in the presence of a child. Justus v. Hobbs, 2013 Ark. 149 (2013).

Sentence.

Circuit court did not err in revoking the suspended sentence defendant received for failure to comply with the reporting requirements of the Sex Offender Registration Act of 1997, § 12-12-901 et seq., because the circuit court's finding that defendant failed to report his address was not clearly erroneous; defendant's parole officer visited the location on consecutive days and did not see defendant there. Wicks v. State, 2010 Ark. App. 499, 375 S.W.3d 769 (2010).

Circuit court did not err by denying defendant's motion to dismiss the state's petition to revoke the suspended sentence he received for failure to comply with the reporting requirements of the Sex Offender Registration Act of 1997, § 12-12-901 et seq., because defendant did not receive an illegal sentence; by pleading guilty, defendant admitted that he was required to register as a sex offender under the Act by virtue of his conviction for rape in California, and that defendant could have asserted a defense to the charge did not call into question the circuit court's authority to preside over the criminal matter, to accept his plea of guilty, and to sentence appellant accordingly. Wicks v. State, 2010 Ark. App. 499, 375 S.W.3d 769 (2010).

Circuit court did not have jurisdiction to entertain defendant's motion to dismiss the state's petition to revoke the suspended sentence he received for failure to comply with the reporting requirements of the Sex Offender Registration Act of 1997, § 12-12-901 et seq., because defendant failed to pursue postconviction relief under Ark. R. Crim. P. 37.1 within ninety days of the date of the entry of judgment; thus, he was barred from challenging his plea and conviction during a revocation proceeding. Wicks v. State, 2010 Ark. App. 499, 375 S.W.3d 769 (2010).

Cited: Morrison v. State, 2009 Ark. App. 681, 374 S.W.3d 8 (2009).

12-12-902. Legislative findings.

The General Assembly finds that sex offenders pose a high risk of reoffending after release from custody, that protecting the public from sex offenders is a primary governmental interest, that the privacy interest of persons adjudicated guilty of sex offenses is less important than the government's interest in public safety, and that the release of certain information about sex offenders to criminal justice agencies and the general public will assist in protecting the public safety.

History. Acts 1997, No. 989, § 2.

Case Notes

Constitutionality.

Assessment requirement for one who is acquitted of a sex offense by reason of mental disease or defect is rationally related to the State's high and legitimate interest in protecting society from repeat sex offenders. Ark. Dep't of Corr. v. Bailey, 368 Ark. 518, 247 S.W.3d 851 (2007).

Cited: Ark. Dep't of Corr. Sex Offender Screening & Risk Assessment v. Claybaugh, 93 Ark. App. 11, 216 S.W.3d 134 (2005); Weems v. Little Rock Police Dep't, 453 F.3d 1010 (8th Cir. 2006).

12-12-903. Definitions.

As used in this subchapter:

  1. “Adjudication of guilt” or other words of similar import mean a:
    1. Plea of guilty;
    2. Plea of nolo contendere;
    3. Negotiated plea;
    4. Finding of guilt by a judge; or
    5. Finding of guilt by a jury;
    1. “Administration of criminal justice” means performing functions of investigation, apprehension, detention, prosecution, adjudication, correctional supervision, or rehabilitation of accused persons or criminal offenders.
    2. “Administration of criminal justice” also includes criminal identification activities and the collection, maintenance, and dissemination of criminal justice information;
  2. “Aggravated sex offense” means an offense in the Arkansas Code substantially equivalent to “aggravated sexual abuse” as defined in 18 U.S.C. § 2241 as it existed on March 1, 2003, which principally encompasses:
    1. Causing another person to engage in a sexual act:
      1. By using force against that other person; or
      2. By threatening or placing or attempting to threaten or place that other person in fear that any person will be subjected to death, serious bodily injury, or kidnapping;
    2. Knowingly:
      1. Rendering another person unconscious and then engaging in a sexual act with that other person; or
      2. Administering to another person by force or threat of force, or without the knowledge or permission of that person, a drug, intoxicant, or similar substance and thereby:
        1. Substantially impairing the ability of that other person to appraise or control conduct; and
        2. Engaging or attempting to engage in a sexual act with that other person; or
    3. Crossing a state line with intent to:
      1. Engage or attempt to engage in a sexual act with a person who has not attained twelve (12) years of age;
      2. Knowingly engage or attempt to engage in a sexual act with another person who has not attained twelve (12) years of age; or
      3. Knowingly engage or attempt to engage in a sexual act under the circumstances described in subdivisions (3)(A) and (B) of this section with another person who has attained twelve (12) years of age but has not attained sixteen (16) years of age and is at least four (4) years younger than the alleged offender;
  3. “Change of address” or other words of similar import mean a change of residence or a change for more than thirty (30) days of temporary domicile, change of location of employment, education or training, or any other change that alters where a sex offender regularly spends a substantial amount of time;
  4. “Criminal justice agency” means a government agency or any subunit thereof which is authorized by law to perform the administration of criminal justice and which allocates more than one-half (½) of its annual budget to the administration of criminal justice;
  5. “Local law enforcement agency having jurisdiction” means the:
    1. Chief law enforcement officer of the municipality in which a sex offender:
      1. Resides or expects to reside;
      2. Is employed; or
      3. Is attending an institution of training or education; or
    2. County sheriff, if:
      1. The municipality does not have a chief law enforcement officer; or
      2. A sex offender resides or expects to reside, is employed, or is attending an institution of training or education in an unincorporated area of a county;
  6. “Mental abnormality” means a congenital or acquired condition of a person that affects the emotional or volitional capacity of the person in a manner that predisposes that person to the commission of criminally sexual acts to a degree that makes the person a menace to the health and safety of other persons;
  7. “Personality disorder” means an enduring pattern of inner experience and behavior that:
    1. Deviates markedly from the expectation of the person's culture;
    2. Is pervasive and inflexible across a broad range of personal and social situations;
    3. Leads to clinically significant distress or impairment in social, occupational, or other important areas of functioning;
    4. Is stable over time;
    5. Has its onset in adolescence or early adulthood;
    6. Is not better accounted for as a manifestation or consequence of another mental disorder; and
    7. Is not due to the direct physiological effects of a substance or a general medical condition;
  8. “Predatory” describes an act directed at a stranger or a person with whom a relationship has been established or promoted for the primary purpose of victimization of that person or individuals over whom that person has control;
    1. “Residency” means the place where a person lives notwithstanding that there may be an intent to move or return at some future date to another place.
    2. “Residency” also includes:
      1. A place of employment;
      2. A place of training;
      3. A place of education; or
      4. A temporary residence or domicile in which a person resides for an aggregate of five (5) or more consecutive days during a calendar year;
  9. “Sentencing court” means the judge of the court that sentenced the sex offender for the sex offense;
    1. “Sex offender” means a person who is adjudicated guilty of a sex offense or acquitted on the grounds of mental disease or defect of a sex offense.
    2. Unless otherwise specified, “sex offender” includes those individuals classified by the court as a sexually dangerous person;
    1. “Sex offense” includes, but is not limited to:
      1. The following offenses:
        1. Rape, § 5-14-103;
        2. Sexual indecency with a child, § 5-14-110;
        3. Sexual assault in the first degree, § 5-14-124;
        4. Sexual assault in the second degree, § 5-14-125;
        5. Sexual assault in the third degree, § 5-14-126;
        6. Sexual assault in the fourth degree, § 5-14-127;
        7. Incest, § 5-26-202;
        8. Engaging children in sexually explicit conduct for use in visual or print medium, § 5-27-303;
        9. Transportation of minors for prohibited sexual conduct, § 5-27-305;
        10. Employing or consenting to the use of a child in a sexual performance, § 5-27-402;
        11. Pandering or possessing visual or print medium depicting sexually explicit conduct involving a child, § 5-27-304;
        12. Producing, directing, or promoting a sexual performance by a child, § 5-27-403;
        13. Promoting prostitution in the first degree, § 5-70-104;
        14. Stalking, § 5-71-229, when ordered by the sentencing court to register as a sex offender;
        15. Indecent exposure, § 5-14-112, if a felony level offense;
        16. Exposing another person to human immunodeficiency virus, § 5-14-123, when ordered by the sentencing court to register as a sex offender;
        17. Kidnapping pursuant to § 5-11-102(a), when the victim is a minor and the offender is not the parent of the victim;
        18. False imprisonment in the first degree and false imprisonment in the second degree, §§ 5-11-103 and 5-11-104, when the victim is a minor and the offender is not the parent of the victim;
        19. Permitting abuse of a minor, § 5-27-221, if the abuse of the minor consisted of sexual intercourse, deviant sexual activity, or sexual contact;
        20. Computer child pornography, § 5-27-603;
        21. Computer exploitation of a child, § 5-27-605;
        22. Permanent detention or restraint, § 5-11-106, when the offender is not the parent of the victim;
        23. Distributing, possessing, or viewing of matter depicting sexually explicit conduct involving a child, § 5-27-602;
        24. Internet stalking of a child, § 5-27-306;
        25. Crime of video voyeurism, § 5-16-101, if a felony level offense;
        26. Voyeurism, § 5-16-102, if a felony level offense;
      2. An attempt, solicitation, or conspiracy to commit any of the offenses enumerated in subdivision (13)(A)(i) of this section;
      3. An adjudication of guilt for an offense of the law of another state:
        1. Which is similar to any of the offenses enumerated in subdivision (13)(A)(i) of this section; or
        2. When that adjudication of guilt requires registration under another state's sex offender registration laws;
      4. A violation of any former law of this state that is substantially equivalent to any of the offenses enumerated in this subdivision (13)(A);
      5. An adjudication of guilt for an offense in any federal court, the District of Columbia, a United States territory, a federally recognized Indian tribe, or for a military offense:

(a) 18 U.S.C. § 2252C;

(b) 18 U.S.C. § 2424; or

(c) 18 U.S.C. § 2425; or

(vi) An adjudication of guilt for an offense requiring registration under the laws of Canada, the United Kingdom, Australia, New Zealand, or any other foreign country where an independent judiciary enforces a right to a fair trial during the year in which the conviction occurred.

(B)(i) The sentencing court has the authority to order the registration of any offender shown in court to have attempted to commit or to have committed a sex offense even though the offense is not enumerated in subdivision (13)(A)(i) of this section.

(ii) This authority applies to sex offenses enacted, renamed, or amended at a later date by the General Assembly unless the General Assembly expresses its intent not to consider the offense to be a true sex offense for the purposes of this subchapter;

(14)(A) “Sexually dangerous person” means a person who has been adjudicated guilty or acquitted on the grounds of mental disease or defect of a sexually violent offense and who suffers from a mental abnormality or personality disorder that makes the person likely to engage in predatory sexually violent offenses.

(B) A person previously classified as a sexually violent predator is now considered a sexually dangerous person;

(15) “Sexually violent offense” means any state, federal, tribal, or military offense which includes a sexual act as defined in 18 U.S.C. §§ 2241 and 2242 as they existed on March 1, 2003, with another person if the offense is nonconsensual regardless of the age of the victim;

(16)(A) “Social media account” means a personal account with an electronic medium or service in which a user may create, share, or access user-generated content, including without limitation:

(B) “Social media account” includes without limitation an account established with:

(i) Facebook;

(ii) Twitter;

(iii) LinkedIn;

(iv) MySpace;

(v) Instagram;

(vi) Snapchat;

(17) “Social media account information” means information concerning a social media account, including without limitation:

History. Acts 1997, No. 989, § 3; 1999, No. 1353, § 1; 2001, No. 1496, § 3; 2001, No. 1743, § 2; 2003, No. 1390, § 4; 2003 (2nd Ex. Sess.), No. 21, §§ 1-3; 2007, No. 210, § 1; 2007, No. 394, § 2; 2009, No. 165, § 6; 2013, No. 172, § 1; 2013, No. 505, §§ 1, 2; 2013, No. 508, § 1; 2013, No. 1114, § 3; 2015, No. 357, § 1; 2015, No. 1285, § 1; 2017, No. 664, § 7; 2017, No. 916, § 1.

Amendments. The 2009 amendment, in (12)(A)(i), deleted “in the first degree” at the end of (u), deleted (x), which read: “Computer child pornography, § 5-27-603,” deleted (y), which read: “Computer exploitation of a child, § 5-27-605,” redesignated the remaining subdivisions accordingly, and substituted “this subdivision (12)(A)(i)” for “subdivisions (12)(A)(i)(a)-(y) of this section” in (aa).

The 2013 amendment by No. 172 rewrote (10)(B).

The 2013 amendment by No. 505 substituted “a ‘sexually dangerous person’” for “‘sexually violent predators’” in (13) (now (12)); redesignated former (15) as (15)(A) (now (14)(A)); substituted “dangerous person” for “violent predator” in (15)(A) (now (14)(A)); and added (15)(B) (now (14)(B)).

The 2013 amendment by No. 508 rewrote (12)(A)(iii) (now (13)(A)(iii)); and added (12)(A)(v) and (12)(A)(vi) (now (13)(A)(v) and (vi)).

The 2013 amendment by No. 1114 added (12)(A)(i) (bb) (now (13)(A)(i) (bb)

The 2015 amendment by No. 357 added (12)(A)(i) (cc) and (dd) (now (13)(A)(i) (cc) and (dd)

The 2015 amendment by No. 1285 rewrote (12)(A)(i) (s) (now (13)(A)(i) (s)

The 2017 amendment by No. 664 added (13)(A)(i) (ee)

The 2017 amendment by No. 916 added (16) (“Social media account”) and (17) (“Social media account information”).

Research References

ALR.

Validity, Construction, and Application of State Statute Including “Sexually Motivated Offenses” Within Definition of Sex Offense for Purposes of Sentencing or Classification of Defendant as Sex Offender. 30 A.L.R.6th 373.

U. Ark. Little Rock L. Rev.

Survey of Legislation, 2001 Arkansas General Assembly, Criminal Law, 24 U. Ark. Little Rock L. Rev. 429.

Survey of Legislation, 2001 Arkansas General Assembly, Law Enforcement and Emergency Management, 24 U. Ark. Little Rock L. Rev. 501.

Case Notes

Applicability.

Sentencing court had authority to order the registration of a defendant as a sexual offender because the defendant's crime of public sexual indecency was classified as a sexual offense, under § 5-14-111, and because subdivision (13)(B)(ii) of this section did not restrict the sentencing court's authority to order registration for a person's conviction as a sex offender for a sexual offense neither enumerated in subdivision (13)(A)(i) of this section nor included under the provisions of subdivision (13)(B)(ii). Fountain v. State, 103 Ark. App. 15, 285 S.W.3d 706 (2008).

Giving effect to subdivisions (13)(A) and (13)(B) of this section, subdivision (13)(B)(ii) does not restrict a sentencing court's authority to order registration for a person's conviction as a sex offender for a sexual offense neither enumerated in subdivision (13)(A)(i) nor included under the provisions of subdivision (13)(B)(ii). Fountain v. State, 103 Ark. App. 15, 285 S.W.3d 706 (2008).

Adjudication of Guilt.

Defendant could not be certified as an habitual child sex offender since his prior juvenile delinquency adjudication could not be considered a prior conviction under the 1987 version of this subchapter. Snyder v. State, 332 Ark. 279, 965 S.W.2d 121 (1998).

Aggravated Sex Offense.

Defendant's second-degree sexual abuse conviction under former § 5-14-109 did not require defendant's lifetime sex offender registration; the crime was not substantially equivalent to aggravated sexual abuse under 18 U.S.C. § 2241, since second-degree sexual abuse did not require the use of force and required only sexual contact, while aggravated sexual abuse under the federal statute required a sexual act, as defined in 18 U.S.C. § 2246(2)(D). Myers v. State, 2017 Ark. App. 617, 535 S.W.3d 301 (2017).

Change of Address.

Evidence was sufficient to convict defendant of failure to comply with registration requirements under the Sex Offender Registration Act based on his failure to report a change of address because defendant, who registered as a homeless resident of Marion County, was required to wear an electronic ankle monitor with a GPS tracking system; with the use of the GPS technology, the State introduced documentation that defendant had not been in his usual overnight location in Marion County, or any other location in Marion County, for a period of 13 consecutive days; and, contrary to defendant's argument, the evidence established more than a mere temporary relocation to Boone County to periodically recharge his electronic ankle monitor. Wilson v. State, 2016 Ark. App. 164, 485 S.W.3d 698 (2016).

Construction with Other Law.

Section § 12-12-909 requires sex offenders to report changes in employment 10 days before they occur and this section provides sex offenders with an affirmative defense if they notify authorities no later than five days after changing employment; reading the two statutes together makes it clear that a defendant must notify authorities 10 days prior to changing employment, absent an affirmative defense, and since the loss of employment constitutes a change, § 12-12-904 and this section do not allow a 30-day grace period for reporting a change in employment. Mashburn v. State, 87 Ark. App. 89, 189 S.W.3d 73 (2004).

Definition of “residency” for purposes of registration in this section appears in a different chapter of the Arkansas Code than the residency restriction in § 5-14-128(a), and the definition does not by its terms apply to the criminal statute that makes it unlawful for a sex offender “to reside” within 2000 feet of a school or daycare facility. Weems v. Little Rock Police Dep't, 453 F.3d 1010 (8th Cir. 2006), cert. denied, 550 U.S. 917, 127 S. Ct. 2128, 167 L. Ed. 2d 862 (2007).

Illustrative Cases.

Where the Sex Offender Screening and Risk Assessment Committee found that appellant was convicted of two separate sexual assaults on two separate women, admitted that he had been involved in forced sex acts, could not stand rejection, thought about raping, and said that raping made him feel better, there was substantial evidence to support the Committee's assessment of appellant as a level four offender. Because the Committee determined the presence of a mental abnormality or personality disorder by virtue of its review and assessment of appellant as a level four offender, the Committee complied with the provisions of this section. Parkman v. Sex Offender Screening & Risk Assessment Comm., 2009 Ark. 205, 307 S.W.3d 6 (2009).

Permitting Abuse of a Minor.

Circuit court did not err in finding that it was required to order defendant to register as a sex offender because she pleaded guilty to permitting abuse of a minor, which was listed as a sex offense in the sex offender statute, and defendant failed to obtain a ruling from the circuit court on her overbreadth arguments. Pedraza v. State, 2015 Ark. App. 205, 465 S.W.3d 426 (2015) (decided under previous version of statute).

Postconviction Relief Denied.

Denial of postconviction relief under Ark. R. Crim. P. 37.1 was proper, because correction of the judgment to reflect the requirements of the Sex Offender Registration Act of 1997 (SORA), § 12-12-901 et seq., did not demonstrate error so fundamental as to render the judgment void and subject to collateral attack pursuant to Ark. R. Crim. P. 37.1; since the petitioner pled guilty to false imprisonment in the first degree of a minor victim, which was a designated crime at the time he was sentenced pursuant to subdivision (13)(A)(i) (r) of this section, he was subject to SORA requirements regardless of whether it was reflected on the original judgment. Justus v. State, 2012 Ark. 91 (2012).

Appellant failed to state a claim for habeas corpus relief, because the trial court had to enter an amended judgment requiring him to register as a child or sexual offender under this section when he entered a plea of guilty to false imprisonment, theft of property, and domestic battery committed in the presence of a child. Justus v. Hobbs, 2013 Ark. 149 (2013).

Sex Offense.

Under subdivision (13)(A)(iii) of this section, once the State showed that defendant had been convicted of a sex offense requiring him to register as a sex offender in North Carolina, the State did not also have to show that the North Carolina offenses were similar to offenses requiring registration in Arkansas in order to support a conviction for failure to register; the statute reads in the disjunctive. Martin v. State, 2018 Ark. App. 143, 545 S.W.3d 785 (2018).

Stalking.

Defendant was required to register as a sex offender where a trial court specifically found him guilty of stalking and ordered the registration. Brawner v. State, 2013 Ark. App. 413, 428 S.W.3d 600 (2013).

Cited: Fleming v. State, 2014 Ark. App. 235 (2014).

12-12-904. Failure to comply with registration and reporting requirements — Refusal to cooperate with assessment process.

      1. A person is guilty of a Class C felony who:
        1. Fails to register or verify registration as required under this subchapter;
        2. Fails to report in person a change of address, employment, education, or training as required under this subchapter;
        3. Refuses to cooperate with the assessment process as required under this subchapter; or
        4. Files false paperwork or documentation regarding verification, change of information, or petitions to be removed from the Arkansas Sex Offender Registry.
        1. Upon conviction, a sex offender who fails or refuses to provide any information necessary to update his or her registration file as required by § 12-12-906(b)(2) is guilty of a Class C felony.
        2. If a sex offender fails or refuses to provide any information necessary to update his or her registration file as required by § 12-12-906(b)(2), as soon as administratively feasible the Division of Correction, the Division of Community Correction, the Arkansas State Hospital, or the Department of Human Services shall contact the local law enforcement agency having jurisdiction to report the violation of subdivision (a)(1)(B)(i) of this section.
    1. It is an affirmative defense to prosecution if the person:
      1. Delayed reporting a change in address because of:
        1. An eviction;
        2. A natural disaster; or
        3. Any other unforeseen circumstance; and
      2. Provided the new address to the local law enforcement agency having jurisdiction in person no later than five (5) business days after the person establishes residency.
  1. Any agency or official subject to reporting requirements under this subchapter that knowingly fails to comply with the reporting requirements under this subchapter is guilty of a Class B misdemeanor.

History. Acts 1997, No. 989, § 11; 1999, No. 1353, § 2; 2001, No. 1743, § 3; 2006 (1st Ex. Sess.), No. 4, § 1; 2007, No. 394, § 3; 2013, No. 172, § 2; 2015, No. 358, § 1; 2017, No. 916, § 2; 2019, No. 910, § 702.

Amendments. The 2013 amendment added (a)(1)(A)(iv).

The 2015 amendment substituted “local law enforcement agency having jurisdiction” for “Arkansas Crime Information Center” in (a)(2)(B).

The 2017 amendment inserted “in person” in (a)(1)(A)(ii); and substituted “in person” for “in writing” in (a)(2)(B).

The 2019 amendment, in (a)(1)(B)(ii), substituted “Division of Correction” for “Department of Correction” and “Division of Community Correction” for “Department of Community Correction”.

Cross References. Fines, 5-4-201.

Imprisonment, 5-4-401.

Research References

ALR.

Validity, Construction, and Application of State Statutes Imposing Criminal Penalties for Failure to Register as Required Under Sex Offender or Other Criminal Registration Statutes. 33 A.L.R.6th 91.

Validity of State Sex Offender Registration Laws Under Ex Post Facto Prohibitions. 63 A.L.R.6th 351.

Validity, Construction and Application of State Sex Offender Registration Statutes Concerning Level of Classification — General Principles, Evidentiary Matters, and Assistance of Counsel. 64 A.L.R.6th 1.

Validity, Construction, and Application of State Sex Offend