Ark. Code Ann. § 12-6-803 — AR Code / Title 12 / Chapter 6 / Subchapter 8 / Section 12-6-803
Additional duties
Status: in_force

(a) The Department of Public Safety is encouraged to: (1) Analyze crime and arrest data to determine violent crime clearance rates, identify which law enforcement agencies face the biggest challenges in combating violent crime, and conduct qualitative research to assess the capacity of law enforcement agencies to investigate and solve violent crimes; (2) Provide technical assistance to law enforcement agencies to share best practices for improving violent crime clearance rates based on the analysis and research obtained under subdivision (a)(1) of this section; and (3) Periodically convene agencies, practitioners, and experts to share resources, research, and advice about implementing evidence-based practices that have been proven to reduce violent crime and improve investigations of violent crime. (b) In order to carry out the duties of administering this subchapter, the Secretary of the Department of Public Safety may: (1) Hire personnel as necessary; (2) Enter into a contract for necessary services; and (3) Spend up to five percent (5%) of funds in the Violent Crime Clearance Grant Fund, § 19-5-1282 , on the necessary costs of administering this subchapter, including without limitation the costs described in this section. Added by Act 2023, No. 775,§ 1, eff. 4/12/2023.

(a) The Department of Public Safety is encouraged to: (1) Analyze crime and arrest data to determine violent crime clearance rates, identify which law enforcement agencies face the biggest challenges in combating violent crime, and conduct qualitative research to assess the capacity of law enforcement agencies to investigate and solve violent crimes; (2) Provide technical assistance to law enforcement agencies to share best practices for improving violent crime clearance rates based on the analysis and research obtained under subdivision (a)(1) of this section; and (3) Periodically convene agencies, practitioners, and experts to share resources, research, and advice about implementing evidence-based practices that have been proven to reduce violent crime and improve investigations of violent crime.

(1) Analyze crime and arrest data to determine violent crime clearance rates, identify which law enforcement agencies face the biggest challenges in combating violent crime, and conduct qualitative research to assess the capacity of law enforcement agencies to investigate and solve violent crimes;

(2) Provide technical assistance to law enforcement agencies to share best practices for improving violent crime clearance rates based on the analysis and research obtained under subdivision (a)(1) of this section; and

(3) Periodically convene agencies, practitioners, and experts to share resources, research, and advice about implementing evidence-based practices that have been proven to reduce violent crime and improve investigations of violent crime.

(b) In order to carry out the duties of administering this subchapter, the Secretary of the Department of Public Safety may: (1) Hire personnel as necessary; (2) Enter into a contract for necessary services; and (3) Spend up to five percent (5%) of funds in the Violent Crime Clearance Grant Fund, § 19-5-1282 , on the necessary costs of administering this subchapter, including without limitation the costs described in this section.

(1) Hire personnel as necessary;

(2) Enter into a contract for necessary services; and

(3) Spend up to five percent (5%) of funds in the Violent Crime Clearance Grant Fund, § 19-5-1282 , on the necessary costs of administering this subchapter, including without limitation the costs described in this section.

Added by Act 2023, No. 775,§ 1, eff. 4/12/2023.
Ark. Code Ann. § 12-64-520 — AR Code / Title 12 / Chapter 64 / Subchapter 5 / Section 12-64-520
Contempt
Status: in_force

(a) A military court may punish for contempt a person who uses a menacing word, sign, or gesture in its presence, or who disturbs its proceedings by riot or disorder. (b) The punishment may not exceed confinement for thirty (30) days or a fine of five hundred dollars ($500), or both. Amended by Act 2017, No. 322,§ 1, eff. 8/1/2017. Acts 1969, No. 50, § 94; A.S.A. 1947, § 11-649.

(a) A military court may punish for contempt a person who uses a menacing word, sign, or gesture in its presence, or who disturbs its proceedings by riot or disorder.

(b) The punishment may not exceed confinement for thirty (30) days or a fine of five hundred dollars ($500), or both.

Amended by Act 2017, No. 322,§ 1, eff. 8/1/2017.

Acts 1969, No. 50, § 94; A.S.A. 1947, § 11-649.
Ark. Code Ann. § 12-13-201 — AR Code / Title 12 / Chapter 13 / Subchapter 2 / Section 12-13-201
Construction, operation, etc
Status: in_force

The Arkansas Fire Training Academy shall be under the control of SAU-Tech of Southern Arkansas University, and the university shall maintain and operate a fire service training program at the academy. Acts 1973, No. 482, § 4; 1993, No. 447, § 6; 2001, No. 178, § 1.

The Arkansas Fire Training Academy shall be under the control of SAU-Tech of Southern Arkansas University, and the university shall maintain and operate a fire service training program at the academy.

Acts 1973, No. 482, § 4; 1993, No. 447, § 6; 2001, No. 178, § 1.
Ark. Code Ann. § 12-30-207 — AR Code / Title 12 / Chapter 30 / Subchapter 2 / Section 12-30-207
Catalogues
Status: in_force

(a) The Board of Corrections shall cause to be prepared, at such times as the board may determine, catalogues containing the description of all articles and products manufactured or produced by the board pursuant to the provisions of this subchapter. (b) Copies of the catalogue shall be sent by the board to all offices, departments, institutions, and agencies of this state and made accessible to all political subdivisions of this state referred to in § 12-30-204 . Acts 1967, No. 473, § 7; A.S.A. 1947, § 46-240.

(a) The Board of Corrections shall cause to be prepared, at such times as the board may determine, catalogues containing the description of all articles and products manufactured or produced by the board pursuant to the provisions of this subchapter.

(b) Copies of the catalogue shall be sent by the board to all offices, departments, institutions, and agencies of this state and made accessible to all political subdivisions of this state referred to in § 12-30-204 .

Acts 1967, No. 473, § 7; A.S.A. 1947, § 46-240.
Ark. Code Ann. § 12-64-412 — AR Code / Title 12 / Chapter 64 / Subchapter 4 / Section 12-64-412
Marshals
Status: in_force

(a) The military judge of a general and special court-martial and a summary court officer may each appoint by warrant, and at any time remove, one (1) or more marshals. (b) Each marshal shall perform the usual duties of a similarly appointed marshal and shall execute any process, mandate, or order issued by the military judge or court or officer and perform all acts and duties imposed or authorized by this code to be performed by a sheriff, marshal, or constable. Amended by Act 2015, No. 1003,§ 18, eff. 7/22/2015. Acts 1969, No. 50, § 175; A.S.A. 1947, § 11-686.

(a) The military judge of a general and special court-martial and a summary court officer may each appoint by warrant, and at any time remove, one (1) or more marshals.

(b) Each marshal shall perform the usual duties of a similarly appointed marshal and shall execute any process, mandate, or order issued by the military judge or court or officer and perform all acts and duties imposed or authorized by this code to be performed by a sheriff, marshal, or constable.

Amended by Act 2015, No. 1003,§ 18, eff. 7/22/2015.

Acts 1969, No. 50, § 175; A.S.A. 1947, § 11-686.
Ark. Code Ann. § 12-77-101 — AR Code / Title 12 / Chapter 77 / Section 12-77-101
Title
Status: in_force

This chapter may be cited as the Arkansas Earthquake Preparedness Act of 1989. Acts 1989, No. 247, § 1.

This chapter may be cited as the Arkansas Earthquake Preparedness Act of 1989.

Acts 1989, No. 247, § 1.
Ark. Code Ann. § 12-18-907 — AR Code / Title 12 / Chapter 18 / Subchapter 9 / Section 12-18-907
Rules
Status: in_force

The Department of Human Services may adopt rules as may be necessary to encourage cooperation with other states in exchanging true reports and to effect a national registration system. Acts 2009, No. 749, § 1.

The Department of Human Services may adopt rules as may be necessary to encourage cooperation with other states in exchanging true reports and to effect a national registration system.

Acts 2009, No. 749, § 1.
Ark. Code Ann. § 12-30-401 — AR Code / Title 12 / Chapter 30 / Subchapter 4 / Section 12-30-401
Work and rehabilitative programs - Work-release programs
Status: in_force

(a) All inmates committed to the Division of Correction for institutional care shall be required to participate in the various work programs to which assigned and may be afforded vocational training and rehabilitative opportunities in accordance with rules and procedures therefor as promulgated by the Director of the Division of Correction with the approval of the Board of Corrections. (b) The division may institute "work-release" programs under which the inmates selected to participate in the programs may be gainfully employed or attend school outside of the units maintained by the division, under rules promulgated by the director with the approval of the board. Amended by Act 2019, No. 315,§ 911, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 828, eff. 7/1/2019. Acts 1968 (1st Ex. Sess.), No. 50, § 9; 1971, No. 465, § 1; 1977, No. 482, § 5; 1981, No. 58, § 2; 1983, No. 309, § 1; A.S.A. 1947, § 46-117.

(a) All inmates committed to the Division of Correction for institutional care shall be required to participate in the various work programs to which assigned and may be afforded vocational training and rehabilitative opportunities in accordance with rules and procedures therefor as promulgated by the Director of the Division of Correction with the approval of the Board of Corrections.

(b) The division may institute "work-release" programs under which the inmates selected to participate in the programs may be gainfully employed or attend school outside of the units maintained by the division, under rules promulgated by the director with the approval of the board.

Amended by Act 2019, No. 315,§ 911, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 828, eff. 7/1/2019.

Acts 1968 (1st Ex. Sess.), No. 50, § 9; 1971, No. 465, § 1; 1977, No. 482, § 5; 1981, No. 58, § 2; 1983, No. 309, § 1; A.S.A. 1947, § 46-117.
Ark. Code Ann. § 12-14-101 — AR Code / Title 12 / Chapter 14 / Section 12-14-101
Establishment - Powers
Status: in_force

(a) In such a manner as will most effectually secure the citizens and their property in and around the State Capitol, the Secretary of State may: (1) Establish the State Capitol Police; (2) Organize the State Capitol Police; (3) Prescribe the State Capitol Police's duties; and (4) Define the State Capitol Police's powers. (b) (1) The Secretary of State may designate and appoint one (1) or more of his or her employees as State Capitol Police, who shall be peace officers under the laws of the state and shall have and possess all the powers provided by the law for Arkansas State Police, city police, and county sheriffs to be exercised as required for the protection of the State Capitol grounds, together with such other duties as may be assigned by the Secretary of State. (2) An officer of the State Capitol Police may act in his or her official capacity and exercise his or her powers anywhere within the boundaries of the State of Arkansas. (c) None of the present jurisdiction or powers of the Department of Arkansas State Police, county police, or city police shall be ceded to the State Capitol Police over the land or property which constitutes the State Capitol grounds or within the boundaries of the State of Arkansas. Acts 1989, No. 468, § 1; 2005, No. 167, § 1.

(a) In such a manner as will most effectually secure the citizens and their property in and around the State Capitol, the Secretary of State may: (1) Establish the State Capitol Police; (2) Organize the State Capitol Police; (3) Prescribe the State Capitol Police's duties; and (4) Define the State Capitol Police's powers.

(1) Establish the State Capitol Police;

(2) Organize the State Capitol Police;

(3) Prescribe the State Capitol Police's duties; and

(4) Define the State Capitol Police's powers.

(b) (1) The Secretary of State may designate and appoint one (1) or more of his or her employees as State Capitol Police, who shall be peace officers under the laws of the state and shall have and possess all the powers provided by the law for Arkansas State Police, city police, and county sheriffs to be exercised as required for the protection of the State Capitol grounds, together with such other duties as may be assigned by the Secretary of State. (2) An officer of the State Capitol Police may act in his or her official capacity and exercise his or her powers anywhere within the boundaries of the State of Arkansas.

(1) The Secretary of State may designate and appoint one (1) or more of his or her employees as State Capitol Police, who shall be peace officers under the laws of the state and shall have and possess all the powers provided by the law for Arkansas State Police, city police, and county sheriffs to be exercised as required for the protection of the State Capitol grounds, together with such other duties as may be assigned by the Secretary of State.

(2) An officer of the State Capitol Police may act in his or her official capacity and exercise his or her powers anywhere within the boundaries of the State of Arkansas.

(c) None of the present jurisdiction or powers of the Department of Arkansas State Police, county police, or city police shall be ceded to the State Capitol Police over the land or property which constitutes the State Capitol grounds or within the boundaries of the State of Arkansas.

Acts 1989, No. 468, § 1; 2005, No. 167, § 1.
Ark. Code Ann. § 12-63-409 — AR Code / Title 12 / Chapter 63 / Subchapter 4 / Section 12-63-409
Military-type canteens and exchanges - Use of funds
Status: in_force

All nonappropriated funds derived from the operation of the Robinson Maneuver Training Center and the Fort Chaffee Joint Maneuver Training Center military-type canteens and exchanges shall be used exclusively for improvements on, to, or for the Robinson Maneuver Training Center, the Fort Chaffee Joint Maneuver Training Center, or any other military reservation, armory, or airfield, or for the general welfare of the units and members of the Arkansas National Guard. Amended by Act 2023, No. 454,§ 6, eff. 8/1/2023. Acts 1977, No. 489, § 6; A.S.A. 1947, § 11-1810; Acts 1997, No. 1201, § 11.

All nonappropriated funds derived from the operation of the Robinson Maneuver Training Center and the Fort Chaffee Joint Maneuver Training Center military-type canteens and exchanges shall be used exclusively for improvements on, to, or for the Robinson Maneuver Training Center, the Fort Chaffee Joint Maneuver Training Center, or any other military reservation, armory, or airfield, or for the general welfare of the units and members of the Arkansas National Guard.

Amended by Act 2023, No. 454,§ 6, eff. 8/1/2023.

Acts 1977, No. 489, § 6; A.S.A. 1947, § 11-1810; Acts 1997, No. 1201, § 11.
Ark. Code Ann. § 12-41-208 — AR Code / Title 12 / Chapter 41 / Subchapter 2 / Section 12-41-208
Extradition and transfer
Status: in_force

(a) Arkansas agrees that a person who is in the justice center in the custody of a peace officer or center personnel under the law of the other state may be: (1) Prosecuted for an offense against the law of the other state without extradition of that person; and (2) Personally served with process in any part of the center for a proceeding in the other state. (b) Center personnel or a peace officer of either state may transfer across the state line in the center a person in custody in the center under the law of either state and may exercise control over that person on both sides of the state line in the center. (c) (1) A person in the center who has not been confined in the center, taken to the center under arrest or summoned to appear in the center, may be arrested in any part of the center for an offense against the law of either state without extradition of that person. (2) Extradition of a person who was arrested in the center under those circumstances is not required in order to prosecute the person for an offense against the law of either state if the person is physically present in any part of the center or the state of the prosecution at the time of the prosecution. (d) Notwithstanding any law to the contrary, the Governor of this state may recognize a demand for the extradition of a person charged with a crime in the other state if the demand alleges that any element of the offense occurred in any part of the center. Acts 1981, No. 696, § 8; A.S.A. 1947, § 46-1608.

(a) Arkansas agrees that a person who is in the justice center in the custody of a peace officer or center personnel under the law of the other state may be: (1) Prosecuted for an offense against the law of the other state without extradition of that person; and (2) Personally served with process in any part of the center for a proceeding in the other state.

(1) Prosecuted for an offense against the law of the other state without extradition of that person; and

(2) Personally served with process in any part of the center for a proceeding in the other state.

(b) Center personnel or a peace officer of either state may transfer across the state line in the center a person in custody in the center under the law of either state and may exercise control over that person on both sides of the state line in the center.

(c) (1) A person in the center who has not been confined in the center, taken to the center under arrest or summoned to appear in the center, may be arrested in any part of the center for an offense against the law of either state without extradition of that person. (2) Extradition of a person who was arrested in the center under those circumstances is not required in order to prosecute the person for an offense against the law of either state if the person is physically present in any part of the center or the state of the prosecution at the time of the prosecution.

(1) A person in the center who has not been confined in the center, taken to the center under arrest or summoned to appear in the center, may be arrested in any part of the center for an offense against the law of either state without extradition of that person.

(2) Extradition of a person who was arrested in the center under those circumstances is not required in order to prosecute the person for an offense against the law of either state if the person is physically present in any part of the center or the state of the prosecution at the time of the prosecution.

(d) Notwithstanding any law to the contrary, the Governor of this state may recognize a demand for the extradition of a person charged with a crime in the other state if the demand alleges that any element of the offense occurred in any part of the center.

Acts 1981, No. 696, § 8; A.S.A. 1947, § 46-1608.
Ark. Code Ann. § 12-42-102 — AR Code / Title 12 / Chapter 42 / Section 12-42-102
Penalties
Status: in_force

A person who uses the work of a prisoner or enters into a contract to lease and use the work of a prisoner convicted of a misdemeanor in violation of §§ 12-42-104 - 12-42-107 upon conviction is guilty of an unclassified misdemeanor punishable by a fine of not less than one hundred dollars ($100) nor more than five thousand dollars ($5,000) and may be imprisoned not exceeding ninety (90) days. Amended by Act 2017, No. 845,§ 5, eff. 8/1/2017. Acts 1939, No. 118, § 7; A.S.A. 1947, § 46-512.

A person who uses the work of a prisoner or enters into a contract to lease and use the work of a prisoner convicted of a misdemeanor in violation of §§ 12-42-104 - 12-42-107 upon conviction is guilty of an unclassified misdemeanor punishable by a fine of not less than one hundred dollars ($100) nor more than five thousand dollars ($5,000) and may be imprisoned not exceeding ninety (90) days.

Amended by Act 2017, No. 845,§ 5, eff. 8/1/2017.

Acts 1939, No. 118, § 7; A.S.A. 1947, § 46-512.
Ark. Code Ann. § 12-18-622 — AR Code / Title 12 / Chapter 18 / Subchapter 6 / Section 12-18-622
Access to the controlled substance database
Status: in_force

(a) The Department of Human Services and the Department of Arkansas State Police may petition a circuit court to allow an investigator to access the controlled substance database under the Prescription Drug Monitoring Program Act, § 20-7-601 et seq., for a record concerning a person. (b) The circuit court may grant a petition under this section if the Department of Human Services and the Department of Arkansas State Police demonstrate probable cause that: (1) The person was or is in possession of one (1) or more prescription drugs; (2) The person gave birth to a baby; and (3) The person or the baby tested positive for one (1) or more prescription drugs at the time of the birth of the baby. Added by Act 2015, No. 1161,§ 3, eff. 7/22/2015.

(a) The Department of Human Services and the Department of Arkansas State Police may petition a circuit court to allow an investigator to access the controlled substance database under the Prescription Drug Monitoring Program Act, § 20-7-601 et seq., for a record concerning a person.

(b) The circuit court may grant a petition under this section if the Department of Human Services and the Department of Arkansas State Police demonstrate probable cause that: (1) The person was or is in possession of one (1) or more prescription drugs; (2) The person gave birth to a baby; and (3) The person or the baby tested positive for one (1) or more prescription drugs at the time of the birth of the baby.

(1) The person was or is in possession of one (1) or more prescription drugs;

(2) The person gave birth to a baby; and

(3) The person or the baby tested positive for one (1) or more prescription drugs at the time of the birth of the baby.

Added by Act 2015, No. 1161,§ 3, eff. 7/22/2015.
Ark. Code Ann. § 12-64-403 — AR Code / Title 12 / Chapter 64 / Subchapter 4 / Section 12-64-403
General courts-martial punishments
Status: in_force

General courts-martial may, under such limitations as the Governor may prescribe, adjudge one (1) or more of the following punishments for each specification: (1) Confinement with hard labor that shall not exceed the lowest sentence limitations established in the Manual for Courts-Martial, United States (2019 Edition), as it existed on January 1, 2019, for the offense or three hundred sixty-five (365) days; (2) A fine or forfeiture in an amount that shall not exceed the lowest sentence limitations established in the Manual for Courts-Martial, United States (2019 Edition), as it existed on January 1, 2019, for the offense or three hundred sixty-five (365) days of the service member's base pay and allowances; (3) Dishonorable discharge, bad conduct discharge, or dismissal; (4) Reprimand; and (5) Reduction of enlisted persons to a lower grade. Amended by Act 2019, No. 211,§ 7, eff. 2/26/2019. Amended by Act 2015, No. 1003,§ 14, eff. 7/22/2015. Acts 1969, No. 50, § 62; 1985, No. 670, § 8; A.S.A. 1947, § 11-617; Acts 2007, No. 47, § 8.

General courts-martial may, under such limitations as the Governor may prescribe, adjudge one (1) or more of the following punishments for each specification:

(1) Confinement with hard labor that shall not exceed the lowest sentence limitations established in the Manual for Courts-Martial, United States (2019 Edition), as it existed on January 1, 2019, for the offense or three hundred sixty-five (365) days;

(2) A fine or forfeiture in an amount that shall not exceed the lowest sentence limitations established in the Manual for Courts-Martial, United States (2019 Edition), as it existed on January 1, 2019, for the offense or three hundred sixty-five (365) days of the service member's base pay and allowances;

(3) Dishonorable discharge, bad conduct discharge, or dismissal;

(4) Reprimand; and

(5) Reduction of enlisted persons to a lower grade.

Amended by Act 2019, No. 211,§ 7, eff. 2/26/2019.

Amended by Act 2015, No. 1003,§ 14, eff. 7/22/2015.

Acts 1969, No. 50, § 62; 1985, No. 670, § 8; A.S.A. 1947, § 11-617; Acts 2007, No. 47, § 8.
Ark. Code Ann. § 12-18-1107 — AR Code / Title 12 / Chapter 18 / Subchapter 11 / Section 12-18-1107
Procedure if the investigation results in an unsubstantiated report related to a near fatality
Status: in_force

Upon request, the Department of Human Services shall release the following information to the general public when the investigative determination is unsubstantiated on a report of a near fatality of a child: (1) A nonidentifying summary of any previous child maltreatment investigations; (2) A nonidentifying summary of the current child maltreatment investigation; (3) Information about criminal charges, if known; and (4) Any action taken by the Department of Human Services or the Crimes Against Children Division of the Department of Arkansas State Police, including personnel action and licensing action. Acts 2009, No. 675, § 1.

Upon request, the Department of Human Services shall release the following information to the general public when the investigative determination is unsubstantiated on a report of a near fatality of a child:

(1) A nonidentifying summary of any previous child maltreatment investigations;

(2) A nonidentifying summary of the current child maltreatment investigation;

(3) Information about criminal charges, if known; and

(4) Any action taken by the Department of Human Services or the Crimes Against Children Division of the Department of Arkansas State Police, including personnel action and licensing action.

Acts 2009, No. 675, § 1.
Ark. Code Ann. § 12-51-604 — AR Code / Title 12 / Chapter 51 / Subchapter 6 / Section 12-51-604
Dissolution of compact
Status: in_force

(a) The compact dissolves effective upon the date of the withdrawal or default of the compacting state which reduces membership in the compact to one (1) compacting state. (b) Upon the dissolution of this compact, the compact becomes null and void and shall be of no further force or effect, and the business and affairs of the Interstate Commission for Adult Offender Supervision shall be wound up and any surplus funds shall be distributed in accordance with the bylaws. Acts 2001, No. 253, § 1.

(a) The compact dissolves effective upon the date of the withdrawal or default of the compacting state which reduces membership in the compact to one (1) compacting state.

(b) Upon the dissolution of this compact, the compact becomes null and void and shall be of no further force or effect, and the business and affairs of the Interstate Commission for Adult Offender Supervision shall be wound up and any surplus funds shall be distributed in accordance with the bylaws.

Acts 2001, No. 253, § 1.
Ark. Code Ann. § 12-62-713 — AR Code / Title 12 / Chapter 62 / Subchapter 7 / Section 12-62-713
Maximum rate of interest for state active military service
Status: in_force

(a) An obligation or liability bearing interest at a rate in excess of six percent (6%) per year incurred by a service member in military service before his or her entry into state active military service may not bear interest at a rate in excess of six percent (6%) per year during any part of the period of military service unless, in the opinion of the court and upon application to the court by the obligee, the ability of the service member to pay interest on the obligation or liability at a rate in excess of six percent (6%) per year is not materially affected by reason of his or her service. (b) The court may make any order in the action that, in its opinion, is just. Acts 2003, No. 1003, § 13.

(a) An obligation or liability bearing interest at a rate in excess of six percent (6%) per year incurred by a service member in military service before his or her entry into state active military service may not bear interest at a rate in excess of six percent (6%) per year during any part of the period of military service unless, in the opinion of the court and upon application to the court by the obligee, the ability of the service member to pay interest on the obligation or liability at a rate in excess of six percent (6%) per year is not materially affected by reason of his or her service.

(b) The court may make any order in the action that, in its opinion, is just.

Acts 2003, No. 1003, § 13.
Ark. Code Ann. § 12-18-611 — AR Code / Title 12 / Chapter 18 / Subchapter 6 / Section 12-18-611
Inspection of personnel and volunteer records
Status: in_force

A person conducting an investigation required by this chapter shall have the right to inspect personnel records of employees and volunteers in any place where an allegation of child maltreatment has been reported as having occurred at that place but the alleged offender is unknown. Acts 2009, No. 749, § 1.

A person conducting an investigation required by this chapter shall have the right to inspect personnel records of employees and volunteers in any place where an allegation of child maltreatment has been reported as having occurred at that place but the alleged offender is unknown.

Acts 2009, No. 749, § 1.
Ark. Code Ann. § 12-41-807 — AR Code / Title 12 / Chapter 41 / Subchapter 8 / Section 12-41-807
Operating fund account
Status: in_force

(a) There is hereby established an operating fund account not to exceed the amount of five hundred thousand dollars ($500,000) per annum, the express purpose of which is to provide a supplement to the local operations fund for the continuing operation of secure facilities for juveniles as alternatives to placement of juveniles in adult detention facilities. (b) (1) The allowable uses of the operating fund account shall be to provide up to but not to exceed one-third (1/3) of the annual operations costs for a juvenile detention facility as authorized in this subchapter. (2) The funds shall be applied for the continuing operations of juvenile detention facilities as authorized in this subchapter together with such other general funds, if any, as may be provided by any governing body individually or in combination with each other, as established for the purposes authorized in this subchapter. (c) The Division of Youth Services shall promulgate rules to effectuate the provisions of this section. Amended by Act 2019, No. 315,§ 915, eff. 7/24/2019. Acts 1989, No. 486, § 7.

(a) There is hereby established an operating fund account not to exceed the amount of five hundred thousand dollars ($500,000) per annum, the express purpose of which is to provide a supplement to the local operations fund for the continuing operation of secure facilities for juveniles as alternatives to placement of juveniles in adult detention facilities.

(b) (1) The allowable uses of the operating fund account shall be to provide up to but not to exceed one-third (1/3) of the annual operations costs for a juvenile detention facility as authorized in this subchapter. (2) The funds shall be applied for the continuing operations of juvenile detention facilities as authorized in this subchapter together with such other general funds, if any, as may be provided by any governing body individually or in combination with each other, as established for the purposes authorized in this subchapter.

(1) The allowable uses of the operating fund account shall be to provide up to but not to exceed one-third (1/3) of the annual operations costs for a juvenile detention facility as authorized in this subchapter.

(2) The funds shall be applied for the continuing operations of juvenile detention facilities as authorized in this subchapter together with such other general funds, if any, as may be provided by any governing body individually or in combination with each other, as established for the purposes authorized in this subchapter.

(c) The Division of Youth Services shall promulgate rules to effectuate the provisions of this section.

Amended by Act 2019, No. 315,§ 915, eff. 7/24/2019.

Acts 1989, No. 486, § 7.
Ark. Code Ann. § 12-8-214 — AR Code / Title 12 / Chapter 8 / Subchapter 2 / Section 12-8-214
Award of pistol and purchase of shotgun upon retirement or death
Status: in_force

(a) 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. (b) 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. Acts 1981, No. 12, § 1; A.S.A. 1947, § 42-465; Acts 2003, No. 547, § 1; 2009, No. 155, § 1.

(a) 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.

(1) The officer; or

(2) The officer's spouse, if the spouse is eligible under applicable state and federal laws to possess a firearm.

(b) 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.

(1) The officer; or

(2) The officer's spouse, if the spouse is eligible under applicable state and federal laws to possess a firearm.

Acts 1981, No. 12, § 1; A.S.A. 1947, § 42-465; Acts 2003, No. 547, § 1; 2009, No. 155, § 1.
Ark. Code Ann. § 12-17-106 — AR Code / Title 12 / Chapter 17 / Section 12-17-106
Drug crime special assessment
Status: in_force

(a) There is hereby established a drug crime special assessment that shall be levied by the district courts or circuit courts of this state in the sum of one hundred fifty dollars ($150) against any person who is convicted of or enters a plea of guilty or nolo contendere to any felony or misdemeanor offense the court determines to be a drug crime. (b) The drug crime special assessment shall be collected by the entity or office designated to collect fines and costs within the jurisdiction. (c) (1) All drug crime special assessments collected shall be remitted by the county official, city official, agency, or department designated in § 16-13-709 as primarily responsible for the collection of fines assessed in the circuit courts or district courts on or before the fifteenth day of each month to the Administration of Justice Funds Section of the Office of Administrative Services of the Department of Finance and Administration, for deposit into the State Drug Crime Enforcement and Prosecution Grant Fund, as established by § 12-17-102 . (2) A form provided by the section identifying the amount of the drug crime special assessments shall be transmitted with the collected drug crime special assessments. Amended by Act 2023, No. 812,§ 1, eff. 8/1/2023. Acts 2007, No. 1086, § 1; 2009, No. 165, § 13; 2011, No. 779, § 14.

(a) There is hereby established a drug crime special assessment that shall be levied by the district courts or circuit courts of this state in the sum of one hundred fifty dollars ($150) against any person who is convicted of or enters a plea of guilty or nolo contendere to any felony or misdemeanor offense the court determines to be a drug crime.

(b) The drug crime special assessment shall be collected by the entity or office designated to collect fines and costs within the jurisdiction.

(c) (1) All drug crime special assessments collected shall be remitted by the county official, city official, agency, or department designated in § 16-13-709 as primarily responsible for the collection of fines assessed in the circuit courts or district courts on or before the fifteenth day of each month to the Administration of Justice Funds Section of the Office of Administrative Services of the Department of Finance and Administration, for deposit into the State Drug Crime Enforcement and Prosecution Grant Fund, as established by § 12-17-102 . (2) A form provided by the section identifying the amount of the drug crime special assessments shall be transmitted with the collected drug crime special assessments.

(1) All drug crime special assessments collected shall be remitted by the county official, city official, agency, or department designated in § 16-13-709 as primarily responsible for the collection of fines assessed in the circuit courts or district courts on or before the fifteenth day of each month to the Administration of Justice Funds Section of the Office of Administrative Services of the Department of Finance and Administration, for deposit into the State Drug Crime Enforcement and Prosecution Grant Fund, as established by § 12-17-102 .

(2) A form provided by the section identifying the amount of the drug crime special assessments shall be transmitted with the collected drug crime special assessments.

Amended by Act 2023, No. 812,§ 1, eff. 8/1/2023.

Acts 2007, No. 1086, § 1; 2009, No. 165, § 13; 2011, No. 779, § 14.
Ark. Code Ann. § 12-61-120 — AR Code / Title 12 / Chapter 61 / Subchapter 1 / Section 12-61-120
Credit for war service
Status: in_force

For all purposes under this code, officers and enlisted personnel of the National Guard who entered the active service of the United States in time of war or under a call or draft by the President or who enters such service under like conditions shall be entitled to credit for time so served as if such service had been rendered in the National Guard. Acts 1969, No. 50, § 38; 1985, No. 670, § 4; A.S.A. 1947, § 11-406.

For all purposes under this code, officers and enlisted personnel of the National Guard who entered the active service of the United States in time of war or under a call or draft by the President or who enters such service under like conditions shall be entitled to credit for time so served as if such service had been rendered in the National Guard.

Acts 1969, No. 50, § 38; 1985, No. 670, § 4; A.S.A. 1947, § 11-406.
Ark. Code Ann. § 12-18-206 — AR Code / Title 12 / Chapter 18 / Subchapter 2 / Section 12-18-206
Civil liability for failure to report
Status: in_force

A person required by this chapter to make a report of child maltreatment or suspected child maltreatment to the Child Abuse Hotline who purposely fails to do so is civilly liable for damages proximately caused by that failure. Acts 2009, No. 749, § 1.

A person required by this chapter to make a report of child maltreatment or suspected child maltreatment to the Child Abuse Hotline who purposely fails to do so is civilly liable for damages proximately caused by that failure.

Acts 2009, No. 749, § 1.
Ark. Code Ann. § 12-41-511 — AR Code / Title 12 / Chapter 41 / Subchapter 5 / Section 12-41-511
Imprisonment of county sheriff
Status: in_force

(a) The county sheriff may be imprisoned in the jail of his or her own county. (b) For the time the county sheriff shall be confined, the county coroner shall have the custody, rule, keeping, and charge of the jail and shall, by himself or herself and his or her securities, be answerable for the faithful discharge of his or her duties in that office. Rev. Stat., ch. 81, § 24; C. & M. Dig., § 6225; Pope's Dig., § 8188; A.S.A. 1947, § 46-420.

(a) The county sheriff may be imprisoned in the jail of his or her own county.

(b) For the time the county sheriff shall be confined, the county coroner shall have the custody, rule, keeping, and charge of the jail and shall, by himself or herself and his or her securities, be answerable for the faithful discharge of his or her duties in that office.

Rev. Stat., ch. 81, § 24; C. & M. Dig., § 6225; Pope's Dig., § 8188; A.S.A. 1947, § 46-420.
Ark. Code Ann. § 12-27-132 — AR Code / Title 12 / Chapter 27 / Subchapter 1 / Section 12-27-132
[Repealed]
Status: repealed

Repealed by Act 2021, No. 329,§ 1, eff. 7/28/2021. Amended by Act 2019, No. 910,§ 757, eff. 7/1/2019. Acts 2009, No. 365, § 1.

Repealed by Act 2021, No. 329,§ 1, eff. 7/28/2021.

Amended by Act 2019, No. 910,§ 757, eff. 7/1/2019.

Acts 2009, No. 365, § 1.
Ark. Code Ann. § 12-18-713 — AR Code / Title 12 / Chapter 18 / Subchapter 7 / Section 12-18-713
Reports on overturned true determinations
Status: in_force

(a) (1) The Department of Human Services and the Division of Arkansas State Police shall submit two (2) reports annually on true determinations made under this chapter that are administratively or judicially overturned to the Senate Interim Committee on Children and Youth and the House Committee on Aging, Children and Youth, Legislative and Military Affairs. (2) The first report shall be submitted on June 1 and the second report shall be submitted on December 1. (b) A report submitted under subsection (a) of this section shall include: (1) Data on overturned true determinations by county; and (2) Any other information requested by the Senate Interim Committee on Children and Youth and the House Committee on Aging, Children and Youth, Legislative and Military Affairs. Added by Act 2017, No. 1025,§ 1, eff. 8/1/2017.

(a) (1) The Department of Human Services and the Division of Arkansas State Police shall submit two (2) reports annually on true determinations made under this chapter that are administratively or judicially overturned to the Senate Interim Committee on Children and Youth and the House Committee on Aging, Children and Youth, Legislative and Military Affairs. (2) The first report shall be submitted on June 1 and the second report shall be submitted on December 1.

(1) The Department of Human Services and the Division of Arkansas State Police shall submit two (2) reports annually on true determinations made under this chapter that are administratively or judicially overturned to the Senate Interim Committee on Children and Youth and the House Committee on Aging, Children and Youth, Legislative and Military Affairs.

(2) The first report shall be submitted on June 1 and the second report shall be submitted on December 1.

(b) A report submitted under subsection (a) of this section shall include: (1) Data on overturned true determinations by county; and (2) Any other information requested by the Senate Interim Committee on Children and Youth and the House Committee on Aging, Children and Youth, Legislative and Military Affairs.

(1) Data on overturned true determinations by county; and

(2) Any other information requested by the Senate Interim Committee on Children and Youth and the House Committee on Aging, Children and Youth, Legislative and Military Affairs.

Added by Act 2017, No. 1025,§ 1, eff. 8/1/2017.
Ark. Code Ann. § 12-63-303 — AR Code / Title 12 / Chapter 63 / Subchapter 3 / Section 12-63-303
Easements
Status: in_force

In addition to the foregoing, the Adjutant General, by and with the approval of the Governor, may, when he or she deems it necessary, grant utilities easements across any and all military reservations under his or her jurisdiction in such manner and under such conditions as he or she may impose, provided that the granting of such easements does not impair the use of the military reservation for military purposes. Acts 1969, No. 50, § 183; A.S.A. 1947, § 11-807.

In addition to the foregoing, the Adjutant General, by and with the approval of the Governor, may, when he or she deems it necessary, grant utilities easements across any and all military reservations under his or her jurisdiction in such manner and under such conditions as he or she may impose, provided that the granting of such easements does not impair the use of the military reservation for military purposes.

Acts 1969, No. 50, § 183; A.S.A. 1947, § 11-807.
Ark. Code Ann. § 12-12-929 — AR Code / Title 12 / Chapter 12 / Subchapter 9 / Section 12-12-929
Registered offender prohibited from holding position of public trust - Definition
Status: in_force

(a) As used in this section, "position of public trust" means a position that: (1) Is in a public agency that provides public safety services, including without limitation a fire department, law enforcement agency, or emergency medical services agency; and (2) As part of the ordinary course of the duties of the position, requires a person holding the position to have direct physical contact with or come within the immediate vicinity of a member of the public outside of the building in which the public agency is located. (b) A sex offender who is required to register under this subchapter and who has been assessed as a Level 2, Level 3, or Level 4 offender may not hold a position of public trust. Added by Act 2019, No. 987,§ 1, eff. 7/24/2019.

(a) As used in this section, "position of public trust" means a position that: (1) Is in a public agency that provides public safety services, including without limitation a fire department, law enforcement agency, or emergency medical services agency; and (2) As part of the ordinary course of the duties of the position, requires a person holding the position to have direct physical contact with or come within the immediate vicinity of a member of the public outside of the building in which the public agency is located.

(1) Is in a public agency that provides public safety services, including without limitation a fire department, law enforcement agency, or emergency medical services agency; and

(2) As part of the ordinary course of the duties of the position, requires a person holding the position to have direct physical contact with or come within the immediate vicinity of a member of the public outside of the building in which the public agency is located.

(b) A sex offender who is required to register under this subchapter and who has been assessed as a Level 2, Level 3, or Level 4 offender may not hold a position of public trust.

Added by Act 2019, No. 987,§ 1, eff. 7/24/2019.
Ark. Code Ann. § 12-75-106 — AR Code / Title 12 / Chapter 75 / Subchapter 1 / Section 12-75-106
Enforcement
Status: in_force

(a) Each state office of emergency management and local office of emergency management and the officers of each state office of emergency management and local office of emergency management shall execute and enforce such orders and rules as may be made by the Governor under authority of this chapter. (b) Each state office of emergency management and local office of emergency management shall make available for inspection at its office all orders and rules made by the Governor or made under his or her authority. Amended by Act 2019, No. 315,§ 965, eff. 7/24/2019. Acts 1973, No. 511, § 27; A.S.A. 1947, § 11-1957; Acts 2009, No. 165, § 28.

(a) Each state office of emergency management and local office of emergency management and the officers of each state office of emergency management and local office of emergency management shall execute and enforce such orders and rules as may be made by the Governor under authority of this chapter.

(b) Each state office of emergency management and local office of emergency management shall make available for inspection at its office all orders and rules made by the Governor or made under his or her authority.

Amended by Act 2019, No. 315,§ 965, eff. 7/24/2019.

Acts 1973, No. 511, § 27; A.S.A. 1947, § 11-1957; Acts 2009, No. 165, § 28.
Ark. Code Ann. § 12-64-832 — AR Code / Title 12 / Chapter 64 / Subchapter 8 / Section 12-64-832
Misuse of nonmilitary property
Status: in_force

Any person subject to this code who, while in a duty status, willfully or recklessly wastes, spoils, or otherwise willfully and wrongfully destroys or damages any property other than military property of the United States or of the state shall be punished as a court-martial may direct. Acts 1969, No. 50, § 150; A.S.A. 1947, § 11-732.

Any person subject to this code who, while in a duty status, willfully or recklessly wastes, spoils, or otherwise willfully and wrongfully destroys or damages any property other than military property of the United States or of the state shall be punished as a court-martial may direct.

Acts 1969, No. 50, § 150; A.S.A. 1947, § 11-732.
Ark. Code Ann. § 12-62-807 — AR Code / Title 12 / Chapter 62 / Subchapter 8 / Section 12-62-807
Retaliation - Interference - Remedies
Status: in_force

(a) It is unlawful under this subchapter for a person or entity to retaliate or discriminate against a person because the person in good faith: (1) Opposed any act or practice made unlawful under this subchapter; or (2) Made a claim, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under this subchapter. (b) It is unlawful to coerce, intimidate, threaten, or interfere with a person in his or her exercise of any right granted or protected under this subchapter. (c) A person may avail himself or herself of the same procedures and remedies available under § 12-62-805 for violations of this section. Acts 2005, No. 920, § 1.

(a) It is unlawful under this subchapter for a person or entity to retaliate or discriminate against a person because the person in good faith: (1) Opposed any act or practice made unlawful under this subchapter; or (2) Made a claim, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under this subchapter.

(1) Opposed any act or practice made unlawful under this subchapter; or

(2) Made a claim, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under this subchapter.

(b) It is unlawful to coerce, intimidate, threaten, or interfere with a person in his or her exercise of any right granted or protected under this subchapter.

(c) A person may avail himself or herself of the same procedures and remedies available under § 12-62-805 for violations of this section.

Acts 2005, No. 920, § 1.
Ark. Code Ann. § 12-41-510 — AR Code / Title 12 / Chapter 41 / Subchapter 5 / Section 12-41-510
United States prisoners
Status: in_force

(a) (1) It shall be the duty of the keeper of the jail in each county and of the keeper or warden at the penitentiary walls to receive into his or her custody all persons who may, from time to time, be committed to his or her custody under the authority of the United States. (2) The keeper of the jail shall safely keep every such prisoner according to the warrant or precept of such commitment until he or she shall be discharged by the due course of the laws of the United States. (b) The keeper of every jail shall be subject to the same penalties for any neglect or failure of duty provided for in this section as he or she would be subject to by the laws of this state for the like neglect or failure in case of a prisoner committed under the authority of the laws of this state. Rev. Stat., ch. 81, §§ 13-15; C. & M. Dig., §§ 6214-6216; Acts 1927, No. 366, § 3; Pope's Dig., §§ 8177-8179; A.S.A. 1947, §§ 46-409 -- 46-411; Acts 1997, No. 1097, § 4.

(a) (1) It shall be the duty of the keeper of the jail in each county and of the keeper or warden at the penitentiary walls to receive into his or her custody all persons who may, from time to time, be committed to his or her custody under the authority of the United States. (2) The keeper of the jail shall safely keep every such prisoner according to the warrant or precept of such commitment until he or she shall be discharged by the due course of the laws of the United States.

(1) It shall be the duty of the keeper of the jail in each county and of the keeper or warden at the penitentiary walls to receive into his or her custody all persons who may, from time to time, be committed to his or her custody under the authority of the United States.

(2) The keeper of the jail shall safely keep every such prisoner according to the warrant or precept of such commitment until he or she shall be discharged by the due course of the laws of the United States.

(b) The keeper of every jail shall be subject to the same penalties for any neglect or failure of duty provided for in this section as he or she would be subject to by the laws of this state for the like neglect or failure in case of a prisoner committed under the authority of the laws of this state.

Rev. Stat., ch. 81, §§ 13-15; C. & M. Dig., §§ 6214-6216; Acts 1927, No. 366, § 3; Pope's Dig., §§ 8177-8179; A.S.A. 1947, §§ 46-409 -- 46-411; Acts 1997, No. 1097, § 4.
Ark. Code Ann. § 12-18-1202 — AR Code / Title 12 / Chapter 18 / Subchapter 12 / Section 12-18-1202
Training regarding sexually exploited children
Status: in_force

The Arkansas Juvenile Officers Association, the Division of Law Enforcement Standards and Training, or the Prosecutor Coordinator may provide training to intake officers, law enforcement, prosecutors, and any other appropriate staff concerning how to identify a sexually exploited child and how to obtain appropriate services for a sexually exploited child. Amended by Act 2019, No. 910,§ 5874, eff. 7/1/2019. Added by Act 2013, No. 1257,§ 8, eff. 8/16/2013.

The Arkansas Juvenile Officers Association, the Division of Law Enforcement Standards and Training, or the Prosecutor Coordinator may provide training to intake officers, law enforcement, prosecutors, and any other appropriate staff concerning how to identify a sexually exploited child and how to obtain appropriate services for a sexually exploited child.

Amended by Act 2019, No. 910,§ 5874, eff. 7/1/2019.

Added by Act 2013, No. 1257,§ 8, eff. 8/16/2013.
Ark. Code Ann. § 12-64-839 — AR Code / Title 12 / Chapter 64 / Subchapter 8 / Section 12-64-839
Provoking speeches or gestures
Status: in_force

Any person subject to this code who uses provoking or reproachful words or gestures towards any other person subject to this code shall be punished as a court-martial may direct. Acts 1969, No. 50, § 157; A.S.A. 1947, § 11-739.

Any person subject to this code who uses provoking or reproachful words or gestures towards any other person subject to this code shall be punished as a court-martial may direct.

Acts 1969, No. 50, § 157; A.S.A. 1947, § 11-739.
Ark. Code Ann. § 12-64-105 — AR Code / Title 12 / Chapter 64 / Subchapter 1 / Section 12-64-105
Oaths - Affidavits
Status: in_force

(a) The following persons of the organized militia may administer oaths for those purposes of military administration, including military justice, and affidavits may be taken for those purposes before those persons who shall have the general powers of a notary public: (1) The State Judge Advocate and all assistant state judge advocates; (2) All summary courts-martial; (3) All adjutants, assistant adjutants, acting adjutants, and personnel adjutants; (4) All legal officers; (5) The president, law officer, trial counsel, and assistant trial counsel for all general and special courts-martial; (6) The president and the counsel for the court of any court of inquiry; (7) All officers designated to take a disposition; (8) All persons detailed to conduct an investigation; and (9) All other persons designated by rules of the Governor. (b) The signature without seal of any such person, together with the title of his or her office, is prima facie evidence of this authority. Amended by Act 2019, No. 315,§ 947, eff. 7/24/2019. Acts 1969, No. 50, § 164; A.S.A. 1947, § 11-675.

(a) The following persons of the organized militia may administer oaths for those purposes of military administration, including military justice, and affidavits may be taken for those purposes before those persons who shall have the general powers of a notary public: (1) The State Judge Advocate and all assistant state judge advocates; (2) All summary courts-martial; (3) All adjutants, assistant adjutants, acting adjutants, and personnel adjutants; (4) All legal officers; (5) The president, law officer, trial counsel, and assistant trial counsel for all general and special courts-martial; (6) The president and the counsel for the court of any court of inquiry; (7) All officers designated to take a disposition; (8) All persons detailed to conduct an investigation; and (9) All other persons designated by rules of the Governor.

(1) The State Judge Advocate and all assistant state judge advocates;

(2) All summary courts-martial;

(3) All adjutants, assistant adjutants, acting adjutants, and personnel adjutants;

(4) All legal officers;

(5) The president, law officer, trial counsel, and assistant trial counsel for all general and special courts-martial;

(6) The president and the counsel for the court of any court of inquiry;

(7) All officers designated to take a disposition;

(8) All persons detailed to conduct an investigation; and

(9) All other persons designated by rules of the Governor.

(b) The signature without seal of any such person, together with the title of his or her office, is prima facie evidence of this authority.

Amended by Act 2019, No. 315,§ 947, eff. 7/24/2019.

Acts 1969, No. 50, § 164; A.S.A. 1947, § 11-675.
Ark. Code Ann. § 12-64-833 — AR Code / Title 12 / Chapter 64 / Subchapter 8 / Section 12-64-833
Improper hazarding of vessel or vehicle
Status: in_force

(a) A person subject to this code who willfully and wrongfully hazards or suffers to be hazarded any vessel or vehicle of the United States Armed Forces or of the organized militia shall be punished as a court-martial may direct. (b) A person subject to this code who negligently hazards or suffers to be hazarded any vessel or vehicle of the United States Armed Forces or of the organized militia shall be punished as a court-martial may direct. Amended by Act 2015, No. 1003,§ 36, eff. 7/22/2015. Acts 1969, No. 50, § 151; A.S.A. 1947, § 11-733.

(a) A person subject to this code who willfully and wrongfully hazards or suffers to be hazarded any vessel or vehicle of the United States Armed Forces or of the organized militia shall be punished as a court-martial may direct.

(b) A person subject to this code who negligently hazards or suffers to be hazarded any vessel or vehicle of the United States Armed Forces or of the organized militia shall be punished as a court-martial may direct.

Amended by Act 2015, No. 1003,§ 36, eff. 7/22/2015.

Acts 1969, No. 50, § 151; A.S.A. 1947, § 11-733.
Ark. Code Ann. § 12-13-104 — AR Code / Title 12 / Chapter 13 / Subchapter 1 / Section 12-13-104
[Repealed]
Status: repealed

Repealed by Act 2023, No. 841,§ 11, eff. 7/1/2023. Amended by Act 2019, No. 910,§ 5861, eff. 7/1/2019. Acts 1955, No. 254, § 3; A.S.A. 1947, § 82-808.

Repealed by Act 2023, No. 841,§ 11, eff. 7/1/2023.

Amended by Act 2019, No. 910,§ 5861, eff. 7/1/2019.

Acts 1955, No. 254, § 3; A.S.A. 1947, § 82-808.
Ark. Code Ann. § 12-64-802 — AR Code / Title 12 / Chapter 64 / Subchapter 8 / Section 12-64-802
Principals
Status: in_force

Any person subject to this code is a principal, if he or she: (1) Commits an offense punishable by this code, or aids, abets, counsels, commands, or procures its commission; or (2) Causes an act to be done which if directly performed by him or her, would be punishable by this code. Acts 1969, No. 50, § 120; A.S.A. 1947, § 11-702.

Any person subject to this code is a principal, if he or she:

(1) Commits an offense punishable by this code, or aids, abets, counsels, commands, or procures its commission; or

(2) Causes an act to be done which if directly performed by him or her, would be punishable by this code.

Acts 1969, No. 50, § 120; A.S.A. 1947, § 11-702.
Ark. Code Ann. § 12-62-303 — AR Code / Title 12 / Chapter 62 / Subchapter 3 / Section 12-62-303
Special duty
Status: in_force

(a) Any commissioned officer assigned to special duty by the Governor or under his or her authority shall be paid for the time actually employed, and his or her necessary traveling expenses and subsistence, when such payment is authorized by the Governor. (b) Judge advocates shall be paid, for services and necessary disbursements in bringing any suits provided for in this code and for services in actions or proceedings by habeas corpus, certiorari, or otherwise, such compensation as shall be approved by the Governor. (c) All staff officers shall be paid for special service ordered by competent authority, with the approval of the Governor. (d) Enlisted personnel on duty under the orders of the Governor, but not at the time serving with troops, shall receive pay, their actual traveling expenses, and subsistence. Acts 1969, No. 50, § 187; A.S.A. 1947, § 11-904.

(a) Any commissioned officer assigned to special duty by the Governor or under his or her authority shall be paid for the time actually employed, and his or her necessary traveling expenses and subsistence, when such payment is authorized by the Governor.

(b) Judge advocates shall be paid, for services and necessary disbursements in bringing any suits provided for in this code and for services in actions or proceedings by habeas corpus, certiorari, or otherwise, such compensation as shall be approved by the Governor.

(c) All staff officers shall be paid for special service ordered by competent authority, with the approval of the Governor.

(d) Enlisted personnel on duty under the orders of the Governor, but not at the time serving with troops, shall receive pay, their actual traveling expenses, and subsistence.

Acts 1969, No. 50, § 187; A.S.A. 1947, § 11-904.
Ark. Code Ann. § 12-62-803 — AR Code / Title 12 / Chapter 62 / Subchapter 8 / Section 12-62-803
Applicability
Status: in_force

(a) (1) This subchapter shall not be applicable to any of the following: (A) The State of Arkansas; (B) A state agency; (C) A political subdivision; (D) A city of the first class, a city of the second class, or an incorporated town; (E) A county; (F) A school district; (G) A public official; or (H) An agency, commission, board, committee, council, or department of any of the entities stated in this subdivision (a)(1). (2) This subchapter shall not be construed as creating a cause of action against an entity stated in subdivision (a)(1) of this section. (b) The provisions of this subchapter relating to employment shall not be applicable with respect to employment by a religious organization or other religious entity. (c) This subchapter shall not apply to matters regulated by the Arkansas Insurance Code or the Trade Practices Act, § 23-66-201 et seq. Acts 2005, No. 920, § 1.

(a) (1) This subchapter shall not be applicable to any of the following: (A) The State of Arkansas; (B) A state agency; (C) A political subdivision; (D) A city of the first class, a city of the second class, or an incorporated town; (E) A county; (F) A school district; (G) A public official; or (H) An agency, commission, board, committee, council, or department of any of the entities stated in this subdivision (a)(1). (2) This subchapter shall not be construed as creating a cause of action against an entity stated in subdivision (a)(1) of this section.

(1) This subchapter shall not be applicable to any of the following: (A) The State of Arkansas; (B) A state agency; (C) A political subdivision; (D) A city of the first class, a city of the second class, or an incorporated town; (E) A county; (F) A school district; (G) A public official; or (H) An agency, commission, board, committee, council, or department of any of the entities stated in this subdivision (a)(1).

(A) The State of Arkansas;

(B) A state agency;

(C) A political subdivision;

(D) A city of the first class, a city of the second class, or an incorporated town;

(E) A county;

(F) A school district;

(G) A public official; or

(H) An agency, commission, board, committee, council, or department of any of the entities stated in this subdivision (a)(1).

(2) This subchapter shall not be construed as creating a cause of action against an entity stated in subdivision (a)(1) of this section.

(b) The provisions of this subchapter relating to employment shall not be applicable with respect to employment by a religious organization or other religious entity.

(c) This subchapter shall not apply to matters regulated by the Arkansas Insurance Code or the Trade Practices Act, § 23-66-201 et seq.

Acts 2005, No. 920, § 1.
Ark. Code Ann. § 12-64-521 — AR Code / Title 12 / Chapter 64 / Subchapter 5 / Section 12-64-521
[Repealed]
Status: repealed

Repealed by Act 2015, No. 1003,§ 21, eff. 7/22/2015. Acts 1969, No. 50, § 96; A.S.A. 1947, § 11-651.

Repealed by Act 2015, No. 1003,§ 21, eff. 7/22/2015.

Acts 1969, No. 50, § 96; A.S.A. 1947, § 11-651.
Ark. Code Ann. § 12-61-128 — AR Code / Title 12 / Chapter 61 / Subchapter 1 / Section 12-61-128
[Repealed]
Status: repealed

Repealed by Act 2019, No. 910,§ 5535, eff. 7/1/2019. Acts 1995, No. 639, § 19; 1997, No. 821, § 23.

Repealed by Act 2019, No. 910,§ 5535, eff. 7/1/2019.

Acts 1995, No. 639, § 19; 1997, No. 821, § 23.
Ark. Code Ann. § 12-11-102 — AR Code / Title 12 / Chapter 11 / Section 12-11-102
Unlawful assembly of twenty or more persons
Status: in_force

(a) 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. (b) 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. (c) 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. (d) 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. Crim. Code, §§ 366-369; C. & M. Dig., §§ 3328-3331; Pope's Dig., §§ 4176-4179; A.S.A. 1947, §§ 42-206 -- 42-209.

(a) 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.

(b) 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.

(c) 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.

(d) 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.

Crim. Code, §§ 366-369; C. & M. Dig., §§ 3328-3331; Pope's Dig., §§ 4176-4179; A.S.A. 1947, §§ 42-206 -- 42-209.
Ark. Code Ann. § 12-50-102 — AR Code / Title 12 / Chapter 50 / Section 12-50-102
Legislative determination
Status: in_force

(a) The General Assembly finds that adequate and modern prison facilities are essential to the safety and welfare of the people of this state. (b) It is legislatively determined that adequate and modern prison facilities need to be made available and that a feasible and economic way of financing, constructing, acquiring, and operating prison facilities is by authorizing cooperative endeavors and private management under the authority of this chapter. Acts 1987, No. 427, § 2.

(a) The General Assembly finds that adequate and modern prison facilities are essential to the safety and welfare of the people of this state.

(b) It is legislatively determined that adequate and modern prison facilities need to be made available and that a feasible and economic way of financing, constructing, acquiring, and operating prison facilities is by authorizing cooperative endeavors and private management under the authority of this chapter.

Acts 1987, No. 427, § 2.
Ark. Code Ann. § 12-42-104 — AR Code / Title 12 / Chapter 42 / Section 12-42-104
Leasing procedure exclusive
Status: in_force

It shall be unlawful for any county judge or mayor of any city or incorporated town or any person to lease or contract for the lease of any prisoner convicted of a misdemeanor, whether a violation of the laws of the state or ordinance of any municipality, except as provided in this subchapter. Acts 1939, No. 118, § 1; A.S.A. 1947, § 46-501.

It shall be unlawful for any county judge or mayor of any city or incorporated town or any person to lease or contract for the lease of any prisoner convicted of a misdemeanor, whether a violation of the laws of the state or ordinance of any municipality, except as provided in this subchapter.

Acts 1939, No. 118, § 1; A.S.A. 1947, § 46-501.
Ark. Code Ann. § 12-12-216 — AR Code / Title 12 / Chapter 12 / Subchapter 2 / Section 12-12-216
Carry forward
Status: in_force

(a) At the close of each fiscal year, the Director of the Arkansas Crime Information Center shall certify to the Chief Fiscal Officer of the State the amount, if any, of unexpended moneys and appropriations in the Crime Information System Fund or its successor resulting from the reimbursement to the Arkansas Crime Information Center by municipal, county, state, or federal governments for teleprocessing services. (b) (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. Acts 1997, No. 911, § 9; 2011, No. 779, § 8.

(a) At the close of each fiscal year, the Director of the Arkansas Crime Information Center shall certify to the Chief Fiscal Officer of the State the amount, if any, of unexpended moneys and appropriations in the Crime Information System Fund or its successor resulting from the reimbursement to the Arkansas Crime Information Center by municipal, county, state, or federal governments for teleprocessing services.

(b) (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.

(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.

Acts 1997, No. 911, § 9; 2011, No. 779, § 8.
Ark. Code Ann. § 12-63-210 — AR Code / Title 12 / Chapter 63 / Subchapter 2 / Section 12-63-210
Arrest of trespassers
Status: in_force

The commanding officer upon any occasion of duty may place under arrest during the continuance thereof any person who shall trespass upon the camp ground, parade ground, armory, or other place devoted to such duty, shall in any way or manner interrupt or molest the orderly discharge of duty by those under arms, or shall disturb or prevent the orderly passage of troops going to or returning from any such duty. Acts 1969, No. 50, § 196; A.S.A. 1947, § 11-1007.

The commanding officer upon any occasion of duty may place under arrest during the continuance thereof any person who shall trespass upon the camp ground, parade ground, armory, or other place devoted to such duty, shall in any way or manner interrupt or molest the orderly discharge of duty by those under arms, or shall disturb or prevent the orderly passage of troops going to or returning from any such duty.

Acts 1969, No. 50, § 196; A.S.A. 1947, § 11-1007.
Ark. Code Ann. § 12-64-703 — AR Code / Title 12 / Chapter 64 / Subchapter 7 / Section 12-64-703
Reconsideration and revision
Status: in_force

(a) If a specification before a court-martial has been dismissed on motion and the ruling does not amount to a finding of not guilty, the convening authority may return the record to the court for reconsideration of the ruling and any further appropriate action. (b) (1) Where there is an apparent error or omission in the record or where the record shows improper or inconsistent action by a court-martial with respect to a finding or sentence which can be rectified without material prejudice to the substantial rights of the accused, the convening authority may return the record to the court for appropriate action. (2) In no case, however, may the record be returned: (A) For reconsideration of a finding of not guilty of any specification or a ruling which amounts to a finding of not guilty; (B) For reconsideration of a finding of not guilty of any charge, unless the record shows a finding of guilty under a specification laid under that charge, which sufficiently alleges a violation of some section of this code; or (C) For increasing the severity of the sentence unless the sentence prescribed for the offense is mandatory. Acts 1969, No. 50, § 108; A.S.A. 1947, § 11-663.

(a) If a specification before a court-martial has been dismissed on motion and the ruling does not amount to a finding of not guilty, the convening authority may return the record to the court for reconsideration of the ruling and any further appropriate action.

(b) (1) Where there is an apparent error or omission in the record or where the record shows improper or inconsistent action by a court-martial with respect to a finding or sentence which can be rectified without material prejudice to the substantial rights of the accused, the convening authority may return the record to the court for appropriate action. (2) In no case, however, may the record be returned: (A) For reconsideration of a finding of not guilty of any specification or a ruling which amounts to a finding of not guilty; (B) For reconsideration of a finding of not guilty of any charge, unless the record shows a finding of guilty under a specification laid under that charge, which sufficiently alleges a violation of some section of this code; or (C) For increasing the severity of the sentence unless the sentence prescribed for the offense is mandatory.

(1) Where there is an apparent error or omission in the record or where the record shows improper or inconsistent action by a court-martial with respect to a finding or sentence which can be rectified without material prejudice to the substantial rights of the accused, the convening authority may return the record to the court for appropriate action.

(2) In no case, however, may the record be returned: (A) For reconsideration of a finding of not guilty of any specification or a ruling which amounts to a finding of not guilty; (B) For reconsideration of a finding of not guilty of any charge, unless the record shows a finding of guilty under a specification laid under that charge, which sufficiently alleges a violation of some section of this code; or (C) For increasing the severity of the sentence unless the sentence prescribed for the offense is mandatory.

(A) For reconsideration of a finding of not guilty of any specification or a ruling which amounts to a finding of not guilty;

(B) For reconsideration of a finding of not guilty of any charge, unless the record shows a finding of guilty under a specification laid under that charge, which sufficiently alleges a violation of some section of this code; or

(C) For increasing the severity of the sentence unless the sentence prescribed for the offense is mandatory.

Acts 1969, No. 50, § 108; A.S.A. 1947, § 11-663.
Ark. Code Ann. § 12-12-1107 — AR Code / Title 12 / Chapter 12 / Subchapter 11 / Section 12-12-1107
State Crime Laboratory recommendation of additional offenses
Status: in_force

(a) The State Crime Laboratory may recommend to the General Assembly that it enact legislation for the inclusion of additional offenses for which DNA samples shall be taken and otherwise subjected to the provisions of this subchapter. (b) In determining whether to recommend additional offenses, the laboratory shall consider those offenses for which DNA testing will have a substantial impact on the detection and identification of sex offenders and violent offenders. Acts 1997, No. 737, § 7.

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

(b) In determining whether to recommend additional offenses, the laboratory shall consider those offenses for which DNA testing will have a substantial impact on the detection and identification of sex offenders and violent offenders.

Acts 1997, No. 737, § 7.
Ark. Code Ann. § 12-12-925 — AR Code / Title 12 / Chapter 12 / Subchapter 9 / Section 12-12-925
Travel outside of the United States
Status: in_force

(a) A sex offender who is required to register under this subchapter must report in person at least twenty-one (21) days before traveling outside of the United States to the local law enforcement agency having jurisdiction that he or she intends to travel outside of the United States. (b) The sex offender making the report in person under this section must also report in person to the local law enforcement agency having jurisdiction: (1) The dates of travel; and (2) The foreign country, colony, territory, or possessions that the sex offender will visit. (c) (1) A local law enforcement agency having jurisdiction receiving a report under this section shall immediately report the information to the Arkansas Crime Information Center. (2) Upon receiving information from a local law enforcement agency having jurisdiction under this section, the center shall immediately report the information to the National Sex Offender Public Website and to the United States Marshals Service. Amended by Act 2017, No. 916,§ 10, eff. 8/1/2017. Added by Act 2013, No. 508,§ 12, eff. 8/16/2013.

(a) A sex offender who is required to register under this subchapter must report in person at least twenty-one (21) days before traveling outside of the United States to the local law enforcement agency having jurisdiction that he or she intends to travel outside of the United States.

(b) The sex offender making the report in person under this section must also report in person to the local law enforcement agency having jurisdiction: (1) The dates of travel; and (2) The foreign country, colony, territory, or possessions that the sex offender will visit.

(1) The dates of travel; and

(2) The foreign country, colony, territory, or possessions that the sex offender will visit.

(c) (1) A local law enforcement agency having jurisdiction receiving a report under this section shall immediately report the information to the Arkansas Crime Information Center. (2) Upon receiving information from a local law enforcement agency having jurisdiction under this section, the center shall immediately report the information to the National Sex Offender Public Website and to the United States Marshals Service.

(1) A local law enforcement agency having jurisdiction receiving a report under this section shall immediately report the information to the Arkansas Crime Information Center.

(2) Upon receiving information from a local law enforcement agency having jurisdiction under this section, the center shall immediately report the information to the National Sex Offender Public Website and to the United States Marshals Service.

Amended by Act 2017, No. 916,§ 10, eff. 8/1/2017.

Added by Act 2013, No. 508,§ 12, eff. 8/16/2013.
Ark. Code Ann. § 12-64-845 — AR Code / Title 12 / Chapter 64 / Subchapter 8 / Section 12-64-845
[Repealed]
Status: repealed

Repealed by Act 2021, No. 185,§ 3, eff. 7/28/2021. Amended by Act 2015, No. 1003,§ 39, eff. 7/22/2015. Acts 2009, No. 207, § 1.

Repealed by Act 2021, No. 185,§ 3, eff. 7/28/2021.

Amended by Act 2015, No. 1003,§ 39, eff. 7/22/2015.

Acts 2009, No. 207, § 1.
Ark. Code Ann. § 12-64-505 — AR Code / Title 12 / Chapter 64 / Subchapter 5 / Section 12-64-505
Reference for trial
Status: in_force

(a) Before directing the trial of any charge by general court-martial, the convening authority shall refer it to the State Judge Advocate for consideration and advice. (b) The convening authority shall not refer a charge to a general court-martial for trial unless he or she has found that the charge alleges an offense under this code and is warranted by evidence indicated in the report of the investigation. (c) If the charges or specifications are not formally correct or do not conform to the substance of the evidence contained in the report of the investigating officer, formal corrections and such changes in the charges and specifications as are needed to make them conform to the evidence may be made. Acts 1969, No. 50, § 80; A.S.A. 1947, § 11-635.

(a) Before directing the trial of any charge by general court-martial, the convening authority shall refer it to the State Judge Advocate for consideration and advice.

(b) The convening authority shall not refer a charge to a general court-martial for trial unless he or she has found that the charge alleges an offense under this code and is warranted by evidence indicated in the report of the investigation.

(c) If the charges or specifications are not formally correct or do not conform to the substance of the evidence contained in the report of the investigating officer, formal corrections and such changes in the charges and specifications as are needed to make them conform to the evidence may be made.

Acts 1969, No. 50, § 80; A.S.A. 1947, § 11-635.
Ark. Code Ann. § 12-62-410 — AR Code / Title 12 / Chapter 62 / Subchapter 4 / Section 12-62-410
Exemption from automobile tags, road taxes, and duties
Status: in_force

(a) In lieu of state and city automobile tags, each active member of the Arkansas Army National Guard and the Air National Guard shall be required to affix to their respective automobile or pick-up truck, if used as personal conveyance and not used for commercial purposes, a regulation tag to be supplied by the Adjutant General bearing a serial number and a National Guard designation. (b) They shall likewise be exempt from the payment of any road tax and from any road duty whatsoever under the laws of this state. Acts 1969, No. 50, § 195; A.S.A. 1947, § 11-1006.

(a) In lieu of state and city automobile tags, each active member of the Arkansas Army National Guard and the Air National Guard shall be required to affix to their respective automobile or pick-up truck, if used as personal conveyance and not used for commercial purposes, a regulation tag to be supplied by the Adjutant General bearing a serial number and a National Guard designation.

(b) They shall likewise be exempt from the payment of any road tax and from any road duty whatsoever under the laws of this state.

Acts 1969, No. 50, § 195; A.S.A. 1947, § 11-1006.
Ark. Code Ann. § 12-42-112 — AR Code / Title 12 / Chapter 42 / Section 12-42-112
Compensation of artisan or mechanic
Status: in_force

If any person so convicted is an artisan or mechanic and is put to labor in any manual labor workhouse, or on any bridge or other public improvement, the artisan or mechanic shall be allowed a reasonable compensation for the labor, but the compensation shall not be paid to the artisan or mechanic. Acts 1877, No. 73, § 2, p. 73; C. & M. Dig., § 2047; Pope's Dig., § 2648; A.S.A. 1947, § 46-503.

If any person so convicted is an artisan or mechanic and is put to labor in any manual labor workhouse, or on any bridge or other public improvement, the artisan or mechanic shall be allowed a reasonable compensation for the labor, but the compensation shall not be paid to the artisan or mechanic.

Acts 1877, No. 73, § 2, p. 73; C. & M. Dig., § 2047; Pope's Dig., § 2648; A.S.A. 1947, § 46-503.
Ark. Code Ann. § 12-75-138 — AR Code / Title 12 / Chapter 75 / Subchapter 1 / Section 12-75-138
Mental health awareness training
Status: in_force

(a) A public safety agency shall develop curricula for mental health awareness training for the personnel of the public safety agency, including without limitation: (1) Understanding signs and symptoms of cumulative stress, depression, anxiety, exposure to acute and chronic trauma, compulsive behaviors, and addiction; (2) Combating and overcoming mental health stigmas; (3) Responding appropriately to aggressive behaviors, including domestic violence and harassment; (4) Managing stress, using self-care techniques, and developing resilience; and (5) Accessing available mental health treatment and resources and public and private crisis referral agencies. (b) A public safety agency may develop the mental health awareness training curricula required under this section in conjunction with one (1) or more public safety agencies or appropriate entities or may use any training program that satisfies the criteria under subsection (a) of this section. (c) A person who receives training under this section shall receive appropriate continuing education credits from the relevant licensing entity. Added by Act 2021, No. 1081,§ 1, eff. 1/1/2022.

(a) A public safety agency shall develop curricula for mental health awareness training for the personnel of the public safety agency, including without limitation: (1) Understanding signs and symptoms of cumulative stress, depression, anxiety, exposure to acute and chronic trauma, compulsive behaviors, and addiction; (2) Combating and overcoming mental health stigmas; (3) Responding appropriately to aggressive behaviors, including domestic violence and harassment; (4) Managing stress, using self-care techniques, and developing resilience; and (5) Accessing available mental health treatment and resources and public and private crisis referral agencies.

(1) Understanding signs and symptoms of cumulative stress, depression, anxiety, exposure to acute and chronic trauma, compulsive behaviors, and addiction;

(2) Combating and overcoming mental health stigmas;

(3) Responding appropriately to aggressive behaviors, including domestic violence and harassment;

(4) Managing stress, using self-care techniques, and developing resilience; and

(5) Accessing available mental health treatment and resources and public and private crisis referral agencies.

(b) A public safety agency may develop the mental health awareness training curricula required under this section in conjunction with one (1) or more public safety agencies or appropriate entities or may use any training program that satisfies the criteria under subsection (a) of this section.

(c) A person who receives training under this section shall receive appropriate continuing education credits from the relevant licensing entity.

Added by Act 2021, No. 1081,§ 1, eff. 1/1/2022.
Ark. Code Ann. § 12-61-304 — AR Code / Title 12 / Chapter 61 / Subchapter 3 / Section 12-61-304
Commander
Status: in_force

When organized for active state duty, the Arkansas State Defense Force shall be commanded by any general officer holding an Arkansas state commission, in a rank not above brigadier general, who shall be appointed by the Governor. Acts 1969, No. 50, § 43; 1985, No. 670, § 6; A.S.A. 1947, § 11-504; Acts 1989, No. 283, § 2.

When organized for active state duty, the Arkansas State Defense Force shall be commanded by any general officer holding an Arkansas state commission, in a rank not above brigadier general, who shall be appointed by the Governor.

Acts 1969, No. 50, § 43; 1985, No. 670, § 6; A.S.A. 1947, § 11-504; Acts 1989, No. 283, § 2.
Ark. Code Ann. § 12-13-117 — AR Code / Title 12 / Chapter 13 / Subchapter 1 / Section 12-13-117
[Repealed]
Status: repealed

Repealed by Act 2023, No. 841,§ 20, eff. 7/1/2023. Added by Act 2015, No. 606,§ 1, eff. 7/22/2015.

Repealed by Act 2023, No. 841,§ 20, eff. 7/1/2023.

Added by Act 2015, No. 606,§ 1, eff. 7/22/2015.
Ark. Code Ann. § 12-62-201 — AR Code / Title 12 / Chapter 62 / Subchapter 2 / Section 12-62-201
Qualifications
Status: in_force

The qualifications for enlistment and reenlistment, the periods of enlistment, reenlistment, and voluntary extension of enlistment, the period of service, the form of oath to be taken, and the manner and form of transfer and discharge of enlisted personnel of the National Guard shall be those prescribed by the laws and regulations of the United States relating to the National Guard now or hereafter enacted. Acts 1969, No. 50, § 33; A.S.A. 1947, § 11-401.

The qualifications for enlistment and reenlistment, the periods of enlistment, reenlistment, and voluntary extension of enlistment, the period of service, the form of oath to be taken, and the manner and form of transfer and discharge of enlisted personnel of the National Guard shall be those prescribed by the laws and regulations of the United States relating to the National Guard now or hereafter enacted.

Acts 1969, No. 50, § 33; A.S.A. 1947, § 11-401.
Ark. Code Ann. § 12-61-112 — AR Code / Title 12 / Chapter 61 / Subchapter 1 / Section 12-61-112
Powers, duties, and immunities of militia
Status: in_force

(a) Whenever a member of the organized militia is ordered out for service of any kind, he or she shall have all powers, duties, and immunities of a law enforcement officer of the State of Arkansas in addition to all powers, duties, and immunities otherwise provided by law. (b) An officer or enlisted member of the organized militia shall not be arrested on any warrant except for treason or felony while going to, remaining at, or returning from a place where the officer or enlisted member is ordered to attend for military duty. (c) When any part of the organized militia of the state is on active duty by order of the Governor in the enforcement of the law or executing the orders of the Commander-in-Chief, the commanding officer of that part of the organized militia may order the closing of any place where arms, ammunition, dynamite, or other explosives are sold and restrict or forbid the selling, bartering, lending, or giving away of any arms, ammunition, dynamite, or other explosives so long as any of that part of the organized militia remains on duty in the place, or in the vicinity of where the place may be located, whether any civil officer has forbidden the same or not. (d) The commanding officer of the organization on duty under this code will cooperate in aid of the civil power, but under the orders of the Commander-in-Chief or Adjutant General and not the civil authorities. Amended by Act 2023, No. 176,§ 6, eff. 8/1/2023. Amended by Act 2021, No. 184,§ 2, eff. 7/28/2021. Amended by Act 2021, No. 184,§ 1, eff. 7/28/2021. Acts 1969, No. 50, §§ 6, 7; A.S.A. 1947, §§ 11-106, 11-107.

(a) Whenever a member of the organized militia is ordered out for service of any kind, he or she shall have all powers, duties, and immunities of a law enforcement officer of the State of Arkansas in addition to all powers, duties, and immunities otherwise provided by law.

(b) An officer or enlisted member of the organized militia shall not be arrested on any warrant except for treason or felony while going to, remaining at, or returning from a place where the officer or enlisted member is ordered to attend for military duty.

(c) When any part of the organized militia of the state is on active duty by order of the Governor in the enforcement of the law or executing the orders of the Commander-in-Chief, the commanding officer of that part of the organized militia may order the closing of any place where arms, ammunition, dynamite, or other explosives are sold and restrict or forbid the selling, bartering, lending, or giving away of any arms, ammunition, dynamite, or other explosives so long as any of that part of the organized militia remains on duty in the place, or in the vicinity of where the place may be located, whether any civil officer has forbidden the same or not.

(d) The commanding officer of the organization on duty under this code will cooperate in aid of the civil power, but under the orders of the Commander-in-Chief or Adjutant General and not the civil authorities.

Amended by Act 2023, No. 176,§ 6, eff. 8/1/2023.

Amended by Act 2021, No. 184,§ 2, eff. 7/28/2021.

Amended by Act 2021, No. 184,§ 1, eff. 7/28/2021.

Acts 1969, No. 50, §§ 6, 7; A.S.A. 1947, §§ 11-106, 11-107.
Ark. Code Ann. § 12-9-111 — AR Code / Title 12 / Chapter 9 / Subchapter 1 / Section 12-9-111
Uniforms
Status: in_force

(a) 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. (b) 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). (c) The Department of Public Safety may purchase uniforms for employees of the Law Enforcement Safety Office. Amended by Act 2023, No. 836,§ 1, eff. 8/1/2023. Amended by Act 2019, No. 910,§ 5817, eff. 7/1/2019. Amended by Act 2018F, No. 202,§ 9, eff. 7/1/2018. Amended by Act 2017, No. 497,§ 8, eff. 8/1/2017. Acts 1999, No. 1022, § 7.

(a) 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.

(b) 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).

(c) The Department of Public Safety may purchase uniforms for employees of the Law Enforcement Safety Office.

Amended by Act 2023, No. 836,§ 1, eff. 8/1/2023.

Amended by Act 2019, No. 910,§ 5817, eff. 7/1/2019.

Amended by Act 2018F, No. 202,§ 9, eff. 7/1/2018.

Amended by Act 2017, No. 497,§ 8, eff. 8/1/2017.

Acts 1999, No. 1022, § 7.
Ark. Code Ann. § 12-27-134 — AR Code / Title 12 / Chapter 27 / Subchapter 1 / Section 12-27-134
Probation services
Status: in_force

(a) The Division of Community Correction shall administer, in cooperation with the circuit courts, the provision of probation services as prescribed by the circuit courts. (b) The division shall establish an acceptable procedure that ensures the selection of qualified applicants to meet the needs of the circuit courts and includes subject matter experts from the circuit courts. Amended by Act 2019, No. 910,§ 758, eff. 7/1/2019. Acts 1993, No. 953, § 14.

(a) The Division of Community Correction shall administer, in cooperation with the circuit courts, the provision of probation services as prescribed by the circuit courts.

(b) The division shall establish an acceptable procedure that ensures the selection of qualified applicants to meet the needs of the circuit courts and includes subject matter experts from the circuit courts.

Amended by Act 2019, No. 910,§ 758, eff. 7/1/2019.

Acts 1993, No. 953, § 14.
Ark. Code Ann. § 12-60-101 — AR Code / Title 12 / Chapter 60 / Section 12-60-101
Title
Status: in_force

Chapters 60 through 64 of this title shall be known and may be cited as the "Military Code of Arkansas". Amended by Act 2015, No. 1003,§ 1, eff. 7/22/2015. Acts 1969, No. 50, § 1; A.S.A. 1947, § 11-101.

Chapters 60 through 64 of this title shall be known and may be cited as the "Military Code of Arkansas".

Amended by Act 2015, No. 1003,§ 1, eff. 7/22/2015.

Acts 1969, No. 50, § 1; A.S.A. 1947, § 11-101.
Ark. Code Ann. § 12-64-506 — AR Code / Title 12 / Chapter 64 / Subchapter 5 / Section 12-64-506
Forwarding of charges
Status: in_force

When a person is held for trial by general court-martial, the commanding officer shall, within eight (8) days after the accused is ordered into arrest or confinement, if practicable, forward the charges, together with the investigation and allied papers, to the Governor. If that is not practicable, he or she shall report in writing to the Governor the reasons for delay. Acts 1969, No. 50, § 79; A.S.A. 1947, § 11-634.

When a person is held for trial by general court-martial, the commanding officer shall, within eight (8) days after the accused is ordered into arrest or confinement, if practicable, forward the charges, together with the investigation and allied papers, to the Governor. If that is not practicable, he or she shall report in writing to the Governor the reasons for delay.

Acts 1969, No. 50, § 79; A.S.A. 1947, § 11-634.
Ark. Code Ann. § 12-64-501 — AR Code / Title 12 / Chapter 64 / Subchapter 5 / Section 12-64-501
Statutes of limitations
Status: in_force

(a) A person charged with desertion or absence without leave in time of war or with aiding the enemy or with mutiny may be tried and punished at any time without limitation. (b) Except as otherwise provided in this section, a person charged with an offense is not liable to be tried by court-martial if the offense was committed more than five (5) years before the receipt of sworn charges and specifications by an officer exercising court-martial jurisdiction over the command. (c) A person charged with an offense is not liable to be punished by nonjudicial punishment if the offense was committed more than two (2) years before the imposition of nonjudicial punishment. (d) Periods in which the accused was absent from territory in which the state has authority to apprehend him or her, or in the custody of civil authorities, or in the hands of the enemy, shall be excluded in computing the period of limitation prescribed in this section. Amended by Act 2017, No. 76,§ 1, eff. 8/1/2017. Acts 1969, No. 50, § 89; A.S.A. 1947, § 11-644.

(a) A person charged with desertion or absence without leave in time of war or with aiding the enemy or with mutiny may be tried and punished at any time without limitation.

(b) Except as otherwise provided in this section, a person charged with an offense is not liable to be tried by court-martial if the offense was committed more than five (5) years before the receipt of sworn charges and specifications by an officer exercising court-martial jurisdiction over the command.

(c) A person charged with an offense is not liable to be punished by nonjudicial punishment if the offense was committed more than two (2) years before the imposition of nonjudicial punishment.

(d) Periods in which the accused was absent from territory in which the state has authority to apprehend him or her, or in the custody of civil authorities, or in the hands of the enemy, shall be excluded in computing the period of limitation prescribed in this section.

Amended by Act 2017, No. 76,§ 1, eff. 8/1/2017.

Acts 1969, No. 50, § 89; A.S.A. 1947, § 11-644.
Ark. Code Ann. § 12-62-408 — AR Code / Title 12 / Chapter 62 / Subchapter 4 / Section 12-62-408
Penalty for interference
Status: in_force

All others who shall hinder, delay, or obstruct any unit or portion of the organized militia wherever parading or performing any military duty, or who shall attempt to do so, shall be guilty of a misdemeanor and upon conviction shall be fined in any sum not less than fifty dollars ($50.00). Acts 1969, No. 50, § 193; A.S.A. 1947, § 11-1004.

All others who shall hinder, delay, or obstruct any unit or portion of the organized militia wherever parading or performing any military duty, or who shall attempt to do so, shall be guilty of a misdemeanor and upon conviction shall be fined in any sum not less than fifty dollars ($50.00).

Acts 1969, No. 50, § 193; A.S.A. 1947, § 11-1004.
Ark. Code Ann. § 12-64-807 — AR Code / Title 12 / Chapter 64 / Subchapter 8 / Section 12-64-807
Solicitation
Status: in_force

(a) Any person subject to this code shall be punished as a court-martial may direct if with the purpose of promoting or facilitating the commission of a specific offense, the person commands, urges, or requests another person to engage in specific conduct that would: (1) Constitute that offense; (2) Constitute an attempt to commit that offense; (3) Cause the result specified by the definition of that offense; or (4) Establish the other person's complicity in the commission or attempted commission of that offense. (b) It is an affirmative defense to a prosecution under this section that the defendant prevented the commission of the offense solicited under circumstances manifesting a voluntary and complete renunciation of the defendant's criminal purpose. Amended by Act 2015, No. 1003,§ 34, eff. 7/22/2015. Acts 1969, No. 50, § 125; A.S.A. 1947, § 11-707.

(a) Any person subject to this code shall be punished as a court-martial may direct if with the purpose of promoting or facilitating the commission of a specific offense, the person commands, urges, or requests another person to engage in specific conduct that would: (1) Constitute that offense; (2) Constitute an attempt to commit that offense; (3) Cause the result specified by the definition of that offense; or (4) Establish the other person's complicity in the commission or attempted commission of that offense.

(1) Constitute that offense;

(2) Constitute an attempt to commit that offense;

(3) Cause the result specified by the definition of that offense; or

(4) Establish the other person's complicity in the commission or attempted commission of that offense.

(b) It is an affirmative defense to a prosecution under this section that the defendant prevented the commission of the offense solicited under circumstances manifesting a voluntary and complete renunciation of the defendant's criminal purpose.

Amended by Act 2015, No. 1003,§ 34, eff. 7/22/2015.

Acts 1969, No. 50, § 125; A.S.A. 1947, § 11-707.
Ark. Code Ann. § 12-8-120 — AR Code / Title 12 / Chapter 8 / Subchapter 1 / Section 12-8-120
Background investigations
Status: in_force

(a) 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. (b) 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. Amended by Act 2019, No. 910,§ 5778, eff. 7/1/2019. Acts 1993, No. 508, § 14; 2001, No. 1697, § 7.

(a) 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.

(b) 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.

Amended by Act 2019, No. 910,§ 5778, eff. 7/1/2019.

Acts 1993, No. 508, § 14; 2001, No. 1697, § 7.
Ark. Code Ann. § 12-64-516 — AR Code / Title 12 / Chapter 64 / Subchapter 5 / Section 12-64-516
Obtaining witnesses and other evidence
Status: in_force

(a) The trial counsel, the defense counsel, and the court-martial shall have equal opportunity to obtain witnesses and other evidence in accordance with such rules as the Governor may prescribe. (b) The military judge, the president of a court-martial, or a summary court officer may: (1) Issue a warrant for the arrest of any accused person who, having been served with a warrant and copy of the charges, disobeys a written order by the convening authority to appear before the court; (2) Issue subpoenas duces tecum and other subpoenas; (3) Enforce by attachment the attendance of witnesses and the production of books and papers; and (4) Sentence for refusal to be sworn or to answer as provided in actions before civil courts of the state. (c) Process issued in court-martial cases to compel witnesses to appear and testify and to compel the production of other evidence shall run to any part of the state. Amended by Act 2019, No. 315,§ 956, eff. 7/24/2019. Acts 1969, No. 50, § 92; A.S.A. 1947, § 11-647; Acts 1987, No. 125, § 11.

(a) The trial counsel, the defense counsel, and the court-martial shall have equal opportunity to obtain witnesses and other evidence in accordance with such rules as the Governor may prescribe.

(b) The military judge, the president of a court-martial, or a summary court officer may: (1) Issue a warrant for the arrest of any accused person who, having been served with a warrant and copy of the charges, disobeys a written order by the convening authority to appear before the court; (2) Issue subpoenas duces tecum and other subpoenas; (3) Enforce by attachment the attendance of witnesses and the production of books and papers; and (4) Sentence for refusal to be sworn or to answer as provided in actions before civil courts of the state.

(1) Issue a warrant for the arrest of any accused person who, having been served with a warrant and copy of the charges, disobeys a written order by the convening authority to appear before the court;

(2) Issue subpoenas duces tecum and other subpoenas;

(3) Enforce by attachment the attendance of witnesses and the production of books and papers; and

(4) Sentence for refusal to be sworn or to answer as provided in actions before civil courts of the state.

(c) Process issued in court-martial cases to compel witnesses to appear and testify and to compel the production of other evidence shall run to any part of the state.

Amended by Act 2019, No. 315,§ 956, eff. 7/24/2019.

Acts 1969, No. 50, § 92; A.S.A. 1947, § 11-647; Acts 1987, No. 125, § 11.
Ark. Code Ann. § 12-10-308 — AR Code / Title 12 / Chapter 10 / Subchapter 3 / Section 12-10-308
Response to requests for emergency response inside and outside jurisdiction
Status: in_force

(a) 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. (b) 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. (c) 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. (d) Political subdivisions may enter into mutual aid agreements to carry out the provisions of this section. Amended by Act 2019, No. 660,§ 3, eff. 7/24/2019. Acts 1985, No. 683, § 7; A.S.A. 1947, § 73-1828.

(a) 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.

(b) 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.

(c) 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.

(d) Political subdivisions may enter into mutual aid agreements to carry out the provisions of this section.

Amended by Act 2019, No. 660,§ 3, eff. 7/24/2019.

Acts 1985, No. 683, § 7; A.S.A. 1947, § 73-1828.
Ark. Code Ann. § 12-26-109 — AR Code / Title 12 / Chapter 26 / Section 12-26-109
[Repealed]
Status: repealed

Repealed by Act 2017, No. 153,§ 8, eff. 8/1/2017. Acts 2001, No. 1185, § 3.

Repealed by Act 2017, No. 153,§ 8, eff. 8/1/2017.

Acts 2001, No. 1185, § 3.
Ark. Code Ann. § 12-29-803 — AR Code / Title 12 / Chapter 29 / Subchapter 8 / Section 12-29-803
Inspections by employees of Department of Corrections
Status: in_force

(a) To the greatest extent practicable and consistent with safety and order of the correctional facility, the Secretary of the Department of Corrections shall adopt rules that limit inspections by male correctional officers where a female inmate is in a state of undress. (b) This section does not limit the ability of a male correctional officer to conduct inspections of the area where a female may be in a state of undress if a female correctional officer is not available. (c) (1) If a male correctional officer conducts an inspection of an area where a female inmate is in a state of undress, the male correctional officer shall submit a written report within seventy-two (72) hours following the inspection containing a justification for the male correctional officer to inspect the area where the female inmate was located in a state of undress. (2) The report required under subdivision (c)(1) of this section shall be maintained in the female inmate's record. Added by Act 2023, No. 659,§ 112, eff. 1/1/2024.

(a) To the greatest extent practicable and consistent with safety and order of the correctional facility, the Secretary of the Department of Corrections shall adopt rules that limit inspections by male correctional officers where a female inmate is in a state of undress.

(b) This section does not limit the ability of a male correctional officer to conduct inspections of the area where a female may be in a state of undress if a female correctional officer is not available.

(c) (1) If a male correctional officer conducts an inspection of an area where a female inmate is in a state of undress, the male correctional officer shall submit a written report within seventy-two (72) hours following the inspection containing a justification for the male correctional officer to inspect the area where the female inmate was located in a state of undress. (2) The report required under subdivision (c)(1) of this section shall be maintained in the female inmate's record.

(1) If a male correctional officer conducts an inspection of an area where a female inmate is in a state of undress, the male correctional officer shall submit a written report within seventy-two (72) hours following the inspection containing a justification for the male correctional officer to inspect the area where the female inmate was located in a state of undress.

(2) The report required under subdivision (c)(1) of this section shall be maintained in the female inmate's record.

Added by Act 2023, No. 659,§ 112, eff. 1/1/2024.
Ark. Code Ann. § 12-15-206 — AR Code / Title 12 / Chapter 15 / Subchapter 2 / Section 12-15-206
Eligibility to carry concealed handgun - Emergency medical technician
Status: in_force

(a) An emergency medical technician may carry a concealed handgun at any time if the emergency medical technician: (1) Is presently working as an emergency medical technician; (2) Is not subject to any disciplinary action that suspends his or her authority as an emergency medical technician; (3) Is carrying a badge or appropriate written photographic identification issued by a state licensing agency identifying him or her as an emergency medical technician; (4) Is not otherwise prohibited under federal law from receiving or possessing a firearm; (5) Is not under the influence of alcohol or another intoxicating or hallucinatory drug or substance; and (6) Has fingerprint impressions on file with the Division of Arkansas State Police automated fingerprint identification system. (b) An emergency medical technician carrying a concealed handgun under this section is not subject to the prohibitions and limitations of § 5-73-306 . (c) An emergency medical technician may only carry a concealed handgun under this section if during the most recent twelve-month period he or she has met at his or her expense the standards of this state for training and qualification for active law enforcement officers to carry firearms. Added by Act 2023, No. 176,§ 5, eff. 8/1/2023.

(a) An emergency medical technician may carry a concealed handgun at any time if the emergency medical technician: (1) Is presently working as an emergency medical technician; (2) Is not subject to any disciplinary action that suspends his or her authority as an emergency medical technician; (3) Is carrying a badge or appropriate written photographic identification issued by a state licensing agency identifying him or her as an emergency medical technician; (4) Is not otherwise prohibited under federal law from receiving or possessing a firearm; (5) Is not under the influence of alcohol or another intoxicating or hallucinatory drug or substance; and (6) Has fingerprint impressions on file with the Division of Arkansas State Police automated fingerprint identification system.

(1) Is presently working as an emergency medical technician;

(2) Is not subject to any disciplinary action that suspends his or her authority as an emergency medical technician;

(3) Is carrying a badge or appropriate written photographic identification issued by a state licensing agency identifying him or her as an emergency medical technician;

(4) Is not otherwise prohibited under federal law from receiving or possessing a firearm;

(5) Is not under the influence of alcohol or another intoxicating or hallucinatory drug or substance; and

(6) Has fingerprint impressions on file with the Division of Arkansas State Police automated fingerprint identification system.

(b) An emergency medical technician carrying a concealed handgun under this section is not subject to the prohibitions and limitations of § 5-73-306 .

(c) An emergency medical technician may only carry a concealed handgun under this section if during the most recent twelve-month period he or she has met at his or her expense the standards of this state for training and qualification for active law enforcement officers to carry firearms.

Added by Act 2023, No. 176,§ 5, eff. 8/1/2023.
Ark. Code Ann. § 12-13-103 — AR Code / Title 12 / Chapter 13 / Subchapter 1 / Section 12-13-103
[Repealed]
Status: repealed

Repealed by Act 2023, No. 841,§ 10, eff. 7/1/2023. Acts 1955, No. 254, § 9; A.S.A. 1947, § 82-814; Acts 2005, No. 1994, § 77.

Repealed by Act 2023, No. 841,§ 10, eff. 7/1/2023.

Acts 1955, No. 254, § 9; A.S.A. 1947, § 82-814; Acts 2005, No. 1994, § 77.
Ark. Code Ann. § 12-12-1722 — AR Code / Title 12 / Chapter 12 / Subchapter 17 / Section 12-12-1722
Services available on investigative finding of founded or unfounded
Status: in_force

(a) If an investigation under this subchapter is determined to be founded, the Department of Human Services may open a protective services case. (b) (1) If the department opens a protective services case under this section, the department shall provide services to the endangered person or impaired person in an effort to prevent: (A) Additional maltreatment to the endangered person or impaired person; or (B) Removal of the endangered person or impaired person from the home. (2) Services provided by the department shall be relevant to the needs of the endangered person or impaired person. (c) If at any time during the protective services case the department determines that the endangered person or impaired person cannot safely remain at home, the department shall take steps to remove the endangered person or impaired person under custody under the Arkansas Adult Maltreatment Custody Act, § 9-20-101 et seq. (d) Upon request, the department shall be provided a copy of the results of radiology procedures, videotapes, photographs, medical records, or financial records on an endangered person or impaired person if the department has an open protective services case. (e) If the report of adult maltreatment is deemed unfounded, the department may offer supportive services to the alleged endangered person or impaired person. (f) An alleged endangered person or impaired person may accept or reject supportive services at any time. Amended by Act 2013, No. 584,§ 14, eff. 8/16/2013. Amended by Act 2013, No. 584,§ 13, eff. 8/16/2013. Acts 2011, No. 206, § 9.

(a) If an investigation under this subchapter is determined to be founded, the Department of Human Services may open a protective services case.

(b) (1) If the department opens a protective services case under this section, the department shall provide services to the endangered person or impaired person in an effort to prevent: (A) Additional maltreatment to the endangered person or impaired person; or (B) Removal of the endangered person or impaired person from the home. (2) Services provided by the department shall be relevant to the needs of the endangered person or impaired person.

(1) If the department opens a protective services case under this section, the department shall provide services to the endangered person or impaired person in an effort to prevent: (A) Additional maltreatment to the endangered person or impaired person; or (B) Removal of the endangered person or impaired person from the home.

(A) Additional maltreatment to the endangered person or impaired person; or

(B) Removal of the endangered person or impaired person from the home.

(2) Services provided by the department shall be relevant to the needs of the endangered person or impaired person.

(c) If at any time during the protective services case the department determines that the endangered person or impaired person cannot safely remain at home, the department shall take steps to remove the endangered person or impaired person under custody under the Arkansas Adult Maltreatment Custody Act, § 9-20-101 et seq.

(d) Upon request, the department shall be provided a copy of the results of radiology procedures, videotapes, photographs, medical records, or financial records on an endangered person or impaired person if the department has an open protective services case.

(e) If the report of adult maltreatment is deemed unfounded, the department may offer supportive services to the alleged endangered person or impaired person.

(f) An alleged endangered person or impaired person may accept or reject supportive services at any time.

Amended by Act 2013, No. 584,§ 14, eff. 8/16/2013.

Amended by Act 2013, No. 584,§ 13, eff. 8/16/2013.

Acts 2011, No. 206, § 9.
Ark. Code Ann. § 12-62-202 — AR Code / Title 12 / Chapter 62 / Subchapter 2 / Section 12-62-202
Extension of enlistments
Status: in_force

The Governor is authorized to extend the period of any enlistment, reenlistment, voluntary extension of enlistment and the period of service of enlisted personnel of the National Guard for a period not to exceed six (6) months after the termination of an emergency declared by him or her, the General Assembly, or Congress. Acts 1969, No. 50, § 34; A.S.A. 1947, § 11-402.

The Governor is authorized to extend the period of any enlistment, reenlistment, voluntary extension of enlistment and the period of service of enlisted personnel of the National Guard for a period not to exceed six (6) months after the termination of an emergency declared by him or her, the General Assembly, or Congress.

Acts 1969, No. 50, § 34; A.S.A. 1947, § 11-402.
Ark. Code Ann. § 12-64-813 — AR Code / Title 12 / Chapter 64 / Subchapter 8 / Section 12-64-813
Disrespect towards superior commissioned officer
Status: in_force

Any person subject to this code who behaves with disrespect towards his or her superior commissioned officer shall be punished as a court-martial may direct. Acts 1969, No. 50, § 132; A.S.A. 1947, § 11-714.

Any person subject to this code who behaves with disrespect towards his or her superior commissioned officer shall be punished as a court-martial may direct.

Acts 1969, No. 50, § 132; A.S.A. 1947, § 11-714.
Ark. Code Ann. § 12-18-208 — AR Code / Title 12 / Chapter 18 / Subchapter 2 / Section 12-18-208
Subsequent disclosure by a subject of a report
Status: in_force

This chapter does not prevent subsequent disclosure by a subject of the report. Acts 2009, No. 749, § 1.

This chapter does not prevent subsequent disclosure by a subject of the report.

Acts 2009, No. 749, § 1.
Ark. Code Ann. § 12-18-901 — AR Code / Title 12 / Chapter 18 / Subchapter 9 / Section 12-18-901
Creation
Status: in_force

There is established within the Department of Human Services a statewide Child Maltreatment Central Registry. Acts 2009, No. 749, § 1.

There is established within the Department of Human Services a statewide Child Maltreatment Central Registry.

Acts 2009, No. 749, § 1.
Ark. Code Ann. § 12-18-1106 — AR Code / Title 12 / Chapter 18 / Subchapter 11 / Section 12-18-1106
Procedure if the investigation results in a true report related to a near fatality
Status: in_force

Upon request, the Department of Human Services shall release the following information to the general public when the investigative determination is true on a report of a near fatality of a child: (1) A nonidentifying summary of any previous child maltreatment investigations; (2) A nonidentifying summary of the current child maltreatment investigation, including: (A) The nature and extent of the child's present and past injuries; and (B) Medical information pertaining to the incident; (3) Information about criminal charges, if known; and (4) Any action taken by the Department of Human Services or the Crimes Against Children Division of the Department of Arkansas State Police, including personnel action and licensing action. Acts 2009, No. 675, § 1.

Upon request, the Department of Human Services shall release the following information to the general public when the investigative determination is true on a report of a near fatality of a child:

(1) A nonidentifying summary of any previous child maltreatment investigations;

(2) A nonidentifying summary of the current child maltreatment investigation, including: (A) The nature and extent of the child's present and past injuries; and (B) Medical information pertaining to the incident;

(A) The nature and extent of the child's present and past injuries; and

(B) Medical information pertaining to the incident;

(3) Information about criminal charges, if known; and

(4) Any action taken by the Department of Human Services or the Crimes Against Children Division of the Department of Arkansas State Police, including personnel action and licensing action.

Acts 2009, No. 675, § 1.
Ark. Code Ann. § 12-6-501 — AR Code / Title 12 / Chapter 6 / Subchapter 5 / Section 12-6-501
Award of flags - Definitions
Status: in_force

(a) 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. (b) (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. Added by Act 2015, No. 100,§ 1, eff. 2/18/2015.

(a) 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) "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.

(b) (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.

(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.

Added by Act 2015, No. 100,§ 1, eff. 2/18/2015.
Ark. Code Ann. § 12-78-102 — AR Code / Title 12 / Chapter 78 / Section 12-78-102
Policy and purpose
Status: in_force

Because of the potential for a natural, technological, or national emergency-related disaster of catastrophic size and devastating impact requiring rapid and effective communications and warning to coordinate city, county, state, federal, and private sector emergency response personnel, equipment, and resources for the protection of lives, property, and institutions of the people of the state, and because technologically advanced state-of-the-art communications and data exchange equipment must be systematically procured, installed, and operated to ensure compatibility and effective use, it is found and declared to be necessary to provide: (1) For the periodic review of the statewide emergency communications system to ensure maximum operational effectiveness and recommend such improvements as may be required to keep pace with increasing emergency needs and advancing technology; (2) A system to review and recommend the procurement of equipment and systems to local offices of emergency services and to state, federal, and private sector emergency communications operators to ensure compatibility of equipment; and (3) A source of funding and administer funding made available from federal, state, and private sources to ensure prioritized, equitable, economical, and fair distribution of funding and to ensure all required fiscal controls and reviews are in compliance with appropriate state and federal guidelines. Acts 1991, No. 554, § 2.

Because of the potential for a natural, technological, or national emergency-related disaster of catastrophic size and devastating impact requiring rapid and effective communications and warning to coordinate city, county, state, federal, and private sector emergency response personnel, equipment, and resources for the protection of lives, property, and institutions of the people of the state, and because technologically advanced state-of-the-art communications and data exchange equipment must be systematically procured, installed, and operated to ensure compatibility and effective use, it is found and declared to be necessary to provide:

(1) For the periodic review of the statewide emergency communications system to ensure maximum operational effectiveness and recommend such improvements as may be required to keep pace with increasing emergency needs and advancing technology;

(2) A system to review and recommend the procurement of equipment and systems to local offices of emergency services and to state, federal, and private sector emergency communications operators to ensure compatibility of equipment; and

(3) A source of funding and administer funding made available from federal, state, and private sources to ensure prioritized, equitable, economical, and fair distribution of funding and to ensure all required fiscal controls and reviews are in compliance with appropriate state and federal guidelines.

Acts 1991, No. 554, § 2.
Ark. Code Ann. § 12-18-616 — AR Code / Title 12 / Chapter 18 / Subchapter 6 / Section 12-18-616
Timing
Status: in_force

(a) (1) Except as otherwise provided in this section, an investigative determination shall be made in each investigation under this chapter within forty-five (45) days regardless of whether the investigation is conducted by the Department of Human Services and the Department of Arkansas State Police, or local law enforcement. (2) However, this procedural requirement shall not be considered as a factor to alter the investigative determination in any judicial or administrative proceeding. (3) (A) An extension of an additional fifteen (15) days to make an investigative determination is permitted. (B) The Department of Human Services and the Crimes Against Children Division of the Department of Arkansas State Police shall respectively promulgate rules pertaining to the extension of time to make an investigative determination. (b) An investigation shall not be transferred to inactive status because an investigator is awaiting documentary evidence. Amended by Act 2015, No. 1004,§ 16, eff. 7/22/2015. Amended by Act 2013, No. 426,§ 1, eff. 8/16/2013. Acts 2009, No. 749, § 1.

(a) (1) Except as otherwise provided in this section, an investigative determination shall be made in each investigation under this chapter within forty-five (45) days regardless of whether the investigation is conducted by the Department of Human Services and the Department of Arkansas State Police, or local law enforcement. (2) However, this procedural requirement shall not be considered as a factor to alter the investigative determination in any judicial or administrative proceeding. (3) (A) An extension of an additional fifteen (15) days to make an investigative determination is permitted. (B) The Department of Human Services and the Crimes Against Children Division of the Department of Arkansas State Police shall respectively promulgate rules pertaining to the extension of time to make an investigative determination.

(1) Except as otherwise provided in this section, an investigative determination shall be made in each investigation under this chapter within forty-five (45) days regardless of whether the investigation is conducted by the Department of Human Services and the Department of Arkansas State Police, or local law enforcement.

(2) However, this procedural requirement shall not be considered as a factor to alter the investigative determination in any judicial or administrative proceeding.

(3) (A) An extension of an additional fifteen (15) days to make an investigative determination is permitted. (B) The Department of Human Services and the Crimes Against Children Division of the Department of Arkansas State Police shall respectively promulgate rules pertaining to the extension of time to make an investigative determination.

(A) An extension of an additional fifteen (15) days to make an investigative determination is permitted.

(B) The Department of Human Services and the Crimes Against Children Division of the Department of Arkansas State Police shall respectively promulgate rules pertaining to the extension of time to make an investigative determination.

(b) An investigation shall not be transferred to inactive status because an investigator is awaiting documentary evidence.

Amended by Act 2015, No. 1004,§ 16, eff. 7/22/2015.

Amended by Act 2013, No. 426,§ 1, eff. 8/16/2013.

Acts 2009, No. 749, § 1.
Ark. Code Ann. § 12-62-104 — AR Code / Title 12 / Chapter 62 / Subchapter 1 / Section 12-62-104
Removal - Definition
Status: in_force

(a) The Adjutant General of the State of Arkansas shall have the power to remove an officer from the ranks of the Arkansas National Guard if the officer: (1) Is refused federal recognition in the grade and branch to which he or she has applied; (2) Has had federal recognition withdrawn in the grade and branch in which he or she was formerly recognized; or (3) Has had state recognition withdrawn in the grade and branch in which he or she was formerly recognized. (b) The Adjutant General shall adopt reasonable and necessary rules to accomplish this purpose, including without limitation a rule outlining the process required to have an officer's state recognition withdrawn as provided under subdivision (a)(3) of this section that is similar to the process for the withdrawal of federal recognition under 32 U.S.C. § 323 , as it existed on January 1, 2019. (c) As used in this section, "state recognition withdrawn" means the demotion of an officer of the Arkansas National Guard when it is determined that he or she is not qualified to be an officer in his or her current grade and branch based on a finding by a board of selection officers that the officer is: (1) Substandard in the performance of his or her duty or in conduct; (2) Deficient in character; (3) Below medical standards for retention; or (4) Unsuited for military service. Amended by Act 2019, No. 315,§ 934, eff. 7/24/2019. Amended by Act 2019, No. 148,§ 1, eff. 2/14/2019. Acts 1989, No. 666, § 1.

(a) The Adjutant General of the State of Arkansas shall have the power to remove an officer from the ranks of the Arkansas National Guard if the officer: (1) Is refused federal recognition in the grade and branch to which he or she has applied; (2) Has had federal recognition withdrawn in the grade and branch in which he or she was formerly recognized; or (3) Has had state recognition withdrawn in the grade and branch in which he or she was formerly recognized.

(1) Is refused federal recognition in the grade and branch to which he or she has applied;

(2) Has had federal recognition withdrawn in the grade and branch in which he or she was formerly recognized; or

(3) Has had state recognition withdrawn in the grade and branch in which he or she was formerly recognized.

(b) The Adjutant General shall adopt reasonable and necessary rules to accomplish this purpose, including without limitation a rule outlining the process required to have an officer's state recognition withdrawn as provided under subdivision (a)(3) of this section that is similar to the process for the withdrawal of federal recognition under 32 U.S.C. § 323 , as it existed on January 1, 2019.

(c) As used in this section, "state recognition withdrawn" means the demotion of an officer of the Arkansas National Guard when it is determined that he or she is not qualified to be an officer in his or her current grade and branch based on a finding by a board of selection officers that the officer is: (1) Substandard in the performance of his or her duty or in conduct; (2) Deficient in character; (3) Below medical standards for retention; or (4) Unsuited for military service.

(1) Substandard in the performance of his or her duty or in conduct;

(2) Deficient in character;

(3) Below medical standards for retention; or

(4) Unsuited for military service.

Amended by Act 2019, No. 315,§ 934, eff. 7/24/2019.

Amended by Act 2019, No. 148,§ 1, eff. 2/14/2019.

Acts 1989, No. 666, § 1.
Ark. Code Ann. § 12-64-402 — AR Code / Title 12 / Chapter 64 / Subchapter 4 / Section 12-64-402
Jurisdiction generally
Status: in_force

(a) Each force of the organized militia has court-martial jurisdiction and powers over all persons subject to this code and shall follow the forms and procedures provided for similar courts of the United States Army and United States Air Force unless specifically enumerated in the Arkansas Code or by the Governor as the chief executive officer and Commander-in-Chief of the organized militia. (b) The exercise of jurisdiction by one force over personnel of another force shall be in accordance with rules prescribed by the Governor. (c) The jurisdiction of the military courts and boards established by this code shall be presumed and the burden of proof rests on any person seeking to oust those courts or boards of jurisdiction in any action or proceeding. Amended by Act 2019, No. 315,§ 953, eff. 7/24/2019. Amended by Act 2019, No. 211,§ 6, eff. 2/26/2019. Amended by Act 2015, No. 1003,§ 14, eff. 7/22/2015. Acts 1969, No. 50, §§ 61, 173; A.S.A. 1947, §§ 11-616, 11-684.

(a) Each force of the organized militia has court-martial jurisdiction and powers over all persons subject to this code and shall follow the forms and procedures provided for similar courts of the United States Army and United States Air Force unless specifically enumerated in the Arkansas Code or by the Governor as the chief executive officer and Commander-in-Chief of the organized militia.

(b) The exercise of jurisdiction by one force over personnel of another force shall be in accordance with rules prescribed by the Governor.

(c) The jurisdiction of the military courts and boards established by this code shall be presumed and the burden of proof rests on any person seeking to oust those courts or boards of jurisdiction in any action or proceeding.

Amended by Act 2019, No. 315,§ 953, eff. 7/24/2019.

Amended by Act 2019, No. 211,§ 6, eff. 2/26/2019.

Amended by Act 2015, No. 1003,§ 14, eff. 7/22/2015.

Acts 1969, No. 50, §§ 61, 173; A.S.A. 1947, §§ 11-616, 11-684.
Ark. Code Ann. § 12-12-1104 — AR Code / Title 12 / Chapter 12 / Subchapter 11 / Section 12-12-1104
Powers and duties of State Crime Laboratory
Status: in_force

In addition to any other powers and duties conferred by this subchapter, the State Crime Laboratory shall: (1) Be responsible for the policy management and administration of the state DNA identification record system to support law enforcement agencies and other criminal justice agencies; (2) Promulgate rules to carry out the provisions of this subchapter; and (3) Provide for liaison with the Federal Bureau of Investigation and other criminal justice agencies in regard to the state's participation in CODIS or in any DNA data base designated by the laboratory. Amended by Act 2019, No. 315,§ 868, eff. 7/24/2019. Acts 1997, No. 737, § 4.

In addition to any other powers and duties conferred by this subchapter, the State Crime Laboratory shall:

(1) Be responsible for the policy management and administration of the state DNA identification record system to support law enforcement agencies and other criminal justice agencies;

(2) Promulgate rules to carry out the provisions of this subchapter; and

(3) Provide for liaison with the Federal Bureau of Investigation and other criminal justice agencies in regard to the state's participation in CODIS or in any DNA data base designated by the laboratory.

Amended by Act 2019, No. 315,§ 868, eff. 7/24/2019.

Acts 1997, No. 737, § 4.
Ark. Code Ann. § 12-10-309 — AR Code / Title 12 / Chapter 10 / Subchapter 3 / Section 12-10-309
Requests from the hearing and speech impaired
Status: in_force

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. Amended by Act 2019, No. 660,§ 3, eff. 7/24/2019. Acts 1985, No. 683, § 7; A.S.A. 1947, § 73-1828.

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.

Amended by Act 2019, No. 660,§ 3, eff. 7/24/2019.

Acts 1985, No. 683, § 7; A.S.A. 1947, § 73-1828.
Ark. Code Ann. § 12-42-105 — AR Code / Title 12 / Chapter 42 / Section 12-42-105
Workhouses and public works
Status: in_force

(a) Any person who may be convicted of a misdemeanor or petty offense by any court in this state and who shall be committed to jail to serve a sentence imposed by any court of competent jurisdiction or who shall be in default of the payment of the fine and costs adjudged against him or her may be required to discharge the sentence or fine and costs by manual labor in any workhouse, farm, street, road, bridge, or other public work in the county where the conviction and committal occurred. (b) However, the workhouse, farm, road, street, bridge, or other public work shall be owned, operated, or conducted by the State of Arkansas, any county thereof, or a city or incorporated town within the State of Arkansas. Acts 1939, No. 118, § 2; A.S.A. 1947, § 46-502.

(a) Any person who may be convicted of a misdemeanor or petty offense by any court in this state and who shall be committed to jail to serve a sentence imposed by any court of competent jurisdiction or who shall be in default of the payment of the fine and costs adjudged against him or her may be required to discharge the sentence or fine and costs by manual labor in any workhouse, farm, street, road, bridge, or other public work in the county where the conviction and committal occurred.

(b) However, the workhouse, farm, road, street, bridge, or other public work shall be owned, operated, or conducted by the State of Arkansas, any county thereof, or a city or incorporated town within the State of Arkansas.

Acts 1939, No. 118, § 2; A.S.A. 1947, § 46-502.
Ark. Code Ann. § 12-27-136 — AR Code / Title 12 / Chapter 27 / Subchapter 1 / Section 12-27-136
Services and equipment
Status: in_force

The Division of Correction and the Division of Community Correction may provide services, furnishings, equipment, and office space to assist the Post-Prison Transfer Board in fulfilling the purposes for which the board was created by law. Amended by Act 2023, No. 659,§ 93, eff. 1/1/2024. Amended by Act 2019, No. 910,§ 759, eff. 7/1/2019. Acts 1995, No. 195, § 3.

The Division of Correction and the Division of Community Correction may provide services, furnishings, equipment, and office space to assist the Post-Prison Transfer Board in fulfilling the purposes for which the board was created by law.

Amended by Act 2023, No. 659,§ 93, eff. 1/1/2024.

Amended by Act 2019, No. 910,§ 759, eff. 7/1/2019.

Acts 1995, No. 195, § 3.
Ark. Code Ann. § 12-6-801 — AR Code / Title 12 / Chapter 6 / Subchapter 8 / Section 12-6-801
Legislative findings
Status: in_force

The General Assembly finds that: (1) In 2021, there was a clearance rate of thirty-nine percent (39%) for violent crimes reported in Arkansas, which means there were no arrests for sixty-one percent (61%) of reported violent crimes; (2) Low clearance rates undermine law enforcement efforts to hold perpetrators accountable, to disrupt cycles of violence, and to provide justice to victims; (3) Research shows that enhanced investigative resources, improved management structures, and oversight processes can increase clearance rates and improve the chances that perpetrators are apprehended in even the most difficult cases to clear; and (4) Law enforcement agencies need additional resources and support to strengthen investigations, apply community problem-solving approaches to violent-crime hot spots, and implement programs that blend law enforcement, social services, and community mobilization strategies. Added by Act 2023, No. 775,§ 1, eff. 4/12/2023.

The General Assembly finds that:

(1) In 2021, there was a clearance rate of thirty-nine percent (39%) for violent crimes reported in Arkansas, which means there were no arrests for sixty-one percent (61%) of reported violent crimes;

(2) Low clearance rates undermine law enforcement efforts to hold perpetrators accountable, to disrupt cycles of violence, and to provide justice to victims;

(3) Research shows that enhanced investigative resources, improved management structures, and oversight processes can increase clearance rates and improve the chances that perpetrators are apprehended in even the most difficult cases to clear; and

(4) Law enforcement agencies need additional resources and support to strengthen investigations, apply community problem-solving approaches to violent-crime hot spots, and implement programs that blend law enforcement, social services, and community mobilization strategies.

Added by Act 2023, No. 775,§ 1, eff. 4/12/2023.
Ark. Code Ann. § 12-51-502 — AR Code / Title 12 / Chapter 51 / Subchapter 5 / Section 12-51-502
Compacting states, effective date, and amendment
Status: in_force

(a) (1) Any state, as defined in Article II of this compact, i.e., § 12-51-102 , is eligible to become a compacting state. (2) The compact shall become effective and binding upon legislative enactment of the compact into law by no less than thirty-five (35) of the states. (3) The initial effective date shall be the later of July 1, 2001, or upon enactment into law by the thirty-fifth jurisdiction. Thereafter it shall become effective and binding, as to any other compacting state, upon enactment of the compact into law by that state. (4) The governors of nonmember states or their designees will be invited to participate in Interstate Commission for Adult Offender Supervision activities on a nonvoting basis prior to adoption of the compact by all states and territories of the United States. (b) (1) Amendments to the compact may be proposed by the interstate commission for enactment by the compacting states. (2) No amendment shall become effective and binding upon the interstate commission and the compacting states unless and until it is enacted into law by unanimous consent of the compacting states. Acts 2001, No. 253, § 1.

(a) (1) Any state, as defined in Article II of this compact, i.e., § 12-51-102 , is eligible to become a compacting state. (2) The compact shall become effective and binding upon legislative enactment of the compact into law by no less than thirty-five (35) of the states. (3) The initial effective date shall be the later of July 1, 2001, or upon enactment into law by the thirty-fifth jurisdiction. Thereafter it shall become effective and binding, as to any other compacting state, upon enactment of the compact into law by that state. (4) The governors of nonmember states or their designees will be invited to participate in Interstate Commission for Adult Offender Supervision activities on a nonvoting basis prior to adoption of the compact by all states and territories of the United States.

(1) Any state, as defined in Article II of this compact, i.e., § 12-51-102 , is eligible to become a compacting state.

(2) The compact shall become effective and binding upon legislative enactment of the compact into law by no less than thirty-five (35) of the states.

(3) The initial effective date shall be the later of July 1, 2001, or upon enactment into law by the thirty-fifth jurisdiction. Thereafter it shall become effective and binding, as to any other compacting state, upon enactment of the compact into law by that state.

(4) The governors of nonmember states or their designees will be invited to participate in Interstate Commission for Adult Offender Supervision activities on a nonvoting basis prior to adoption of the compact by all states and territories of the United States.

(b) (1) Amendments to the compact may be proposed by the interstate commission for enactment by the compacting states. (2) No amendment shall become effective and binding upon the interstate commission and the compacting states unless and until it is enacted into law by unanimous consent of the compacting states.

(1) Amendments to the compact may be proposed by the interstate commission for enactment by the compacting states.

(2) No amendment shall become effective and binding upon the interstate commission and the compacting states unless and until it is enacted into law by unanimous consent of the compacting states.

Acts 2001, No. 253, § 1.
Ark. Code Ann. § 12-41-610 — AR Code / Title 12 / Chapter 41 / Subchapter 6 / Section 12-41-610
Bonds - Sale
Status: in_force

The bonds may be sold in such manner and at such price, including sale at a discount, as the county jail board may accept. Acts 1981, No. 879, § 6; A.S.A. 1947, § 46-434.

The bonds may be sold in such manner and at such price, including sale at a discount, as the county jail board may accept.

Acts 1981, No. 879, § 6; A.S.A. 1947, § 46-434.
Ark. Code Ann. § 12-87-113 — AR Code / Title 12 / Chapter 87 / Section 12-87-113
Uniformity of application and construction
Status: in_force

In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. Acts 2009, No. 432, § 1.

In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.

Acts 2009, No. 432, § 1.
Ark. Code Ann. § 12-12-1118 — AR Code / Title 12 / Chapter 12 / Subchapter 11 / Section 12-12-1118
Mandatory cost
Status: in_force

(a) Unless finding that undue hardship would result, the sentencing court shall assess at the time of sentencing a mandatory fine of not less than two hundred fifty dollars ($250) on any person who is required to provide a DNA sample under this subchapter. (b) The fine provided in subsection (a) of this section and collected in circuit court or district court shall be remitted by the tenth day of each month to the Administration of Justice Fund Section of the Office of Administrative Services of the Department of Finance and Administration on a form provided by that office for deposit into the DNA Detection Fund as established by § 12-12-1119 . Acts 1997, No. 737, § 18; 2003, No. 1765, § 5.

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

(b) The fine provided in subsection (a) of this section and collected in circuit court or district court shall be remitted by the tenth day of each month to the Administration of Justice Fund Section of the Office of Administrative Services of the Department of Finance and Administration on a form provided by that office for deposit into the DNA Detection Fund as established by § 12-12-1119 .

Acts 1997, No. 737, § 18; 2003, No. 1765, § 5.
Ark. Code Ann. § 12-18-904 — AR Code / Title 12 / Chapter 18 / Subchapter 9 / Section 12-18-904
Child Maltreatment Central Registry generally
Status: in_force

An offender's name shall remain in the Child Maltreatment Central Registry unless: (1) The name is removed pursuant to this chapter or another statute; (2) The name is removed under a rule; (3) The name was provisionally placed in the registry and the alleged offender subsequently prevails at an administrative hearing; or (4) The offender prevails upon appeal. Acts 2009, No. 749, § 1.

An offender's name shall remain in the Child Maltreatment Central Registry unless:

(1) The name is removed pursuant to this chapter or another statute;

(2) The name is removed under a rule;

(3) The name was provisionally placed in the registry and the alleged offender subsequently prevails at an administrative hearing; or

(4) The offender prevails upon appeal.

Acts 2009, No. 749, § 1.
Ark. Code Ann. § 12-64-846 — AR Code / Title 12 / Chapter 64 / Subchapter 8 / Section 12-64-846
Sexual harassment
Status: in_force

A person subject to this code shall be punished as a court-martial may direct if the person: (1) Repetitively engages in behavior that involves unwelcome sexual advances; (2) Requests sexual favors from or offers sexual favors to a subordinate; or (3) Engages in other verbal or physical conduct of a sexual nature if: (A) Submission to or rejection of the conduct is made either explicitly or implicitly a term or condition of a person's job, pay, or career; (B) Submission to or rejection of the conduct by a person is used as a basis for career or employment decisions affecting that person; or (C) The conduct has the purpose or effect of unreasonably interfering with a person's work performance or creates an intimidating, hostile, or offensive working environment. Amended by Act 2015, No. 1003,§ 40, eff. 7/22/2015. Acts 2009, No. 207, § 1.

A person subject to this code shall be punished as a court-martial may direct if the person:

(1) Repetitively engages in behavior that involves unwelcome sexual advances;

(2) Requests sexual favors from or offers sexual favors to a subordinate; or

(3) Engages in other verbal or physical conduct of a sexual nature if: (A) Submission to or rejection of the conduct is made either explicitly or implicitly a term or condition of a person's job, pay, or career; (B) Submission to or rejection of the conduct by a person is used as a basis for career or employment decisions affecting that person; or (C) The conduct has the purpose or effect of unreasonably interfering with a person's work performance or creates an intimidating, hostile, or offensive working environment.

(A) Submission to or rejection of the conduct is made either explicitly or implicitly a term or condition of a person's job, pay, or career;

(B) Submission to or rejection of the conduct by a person is used as a basis for career or employment decisions affecting that person; or

(C) The conduct has the purpose or effect of unreasonably interfering with a person's work performance or creates an intimidating, hostile, or offensive working environment.

Amended by Act 2015, No. 1003,§ 40, eff. 7/22/2015.

Acts 2009, No. 207, § 1.
Ark. Code Ann. § 12-18-1008 — AR Code / Title 12 / Chapter 18 / Subchapter 10 / Section 12-18-1008
Removal from home - Procedure
Status: in_force

(a) If the Department of Human Services determines that custody under this subchapter is required, the Department of Human Services shall take steps to remove the child under custody as outlined in this chapter or pursuant to the Arkansas Juvenile Code of 1989, § 9-27-301 et seq. (b) After the Department of Human Services has removed the child, the child shall be placed in a licensed or approved foster home, shelter, facility, or an exempt child welfare agency as defined at § 9-28-402(12) . (c) No one, including the family, the Department of Human Services, the Division of Arkansas State Police, or local law enforcement shall allow a child to be placed in a nonapproved or nonlicensed foster home, shelter, or facility. Amended by Act 2019, No. 531,§ 9, eff. 7/24/2019. Acts 2009, No. 749, § 1.

(a) If the Department of Human Services determines that custody under this subchapter is required, the Department of Human Services shall take steps to remove the child under custody as outlined in this chapter or pursuant to the Arkansas Juvenile Code of 1989, § 9-27-301 et seq.

(b) After the Department of Human Services has removed the child, the child shall be placed in a licensed or approved foster home, shelter, facility, or an exempt child welfare agency as defined at § 9-28-402(12) .

(c) No one, including the family, the Department of Human Services, the Division of Arkansas State Police, or local law enforcement shall allow a child to be placed in a nonapproved or nonlicensed foster home, shelter, or facility.

Amended by Act 2019, No. 531,§ 9, eff. 7/24/2019.

Acts 2009, No. 749, § 1.
Ark. Code Ann. § 12-12-1018 — AR Code / Title 12 / Chapter 12 / Subchapter 10 / Section 12-12-1018
Receipt and analysis of DNA samples - Availability of information
Status: in_force

(a) The State Crime Laboratory shall: (1) Receive, store, and perform analyses on DNA samples or contract for DNA typing analysis with a qualified DNA laboratory that meets guidelines as established by the State Crime Laboratory; (2) Classify and file the DNA record of identification characteristic profiles of DNA samples submitted under this subchapter; and (3) Make information available from the State DNA Data Base as provided in this section. (b) The results of the DNA profile of individuals in the State DNA Data Base shall be made available: (1) To a criminal justice agency or to an approved crime laboratory that serves a criminal justice agency; or (2) To a criminal justice official upon written or electronic request from the criminal justice official and in furtherance of an official investigation of a criminal offense. (c) The State Crime Laboratory shall promulgate rules governing the methods of obtaining information from the State DNA Data Base and CODIS and procedures for verification of the identity and authority of the requester. (d) The State Crime Laboratory may create a separate population database composed of DNA samples obtained under this subchapter after all personal identification is removed. Acts 2009, No. 974, § 10.

(a) The State Crime Laboratory shall: (1) Receive, store, and perform analyses on DNA samples or contract for DNA typing analysis with a qualified DNA laboratory that meets guidelines as established by the State Crime Laboratory; (2) Classify and file the DNA record of identification characteristic profiles of DNA samples submitted under this subchapter; and (3) Make information available from the State DNA Data Base as provided in this section.

(1) Receive, store, and perform analyses on DNA samples or contract for DNA typing analysis with a qualified DNA laboratory that meets guidelines as established by the State Crime Laboratory;

(2) Classify and file the DNA record of identification characteristic profiles of DNA samples submitted under this subchapter; and

(3) Make information available from the State DNA Data Base as provided in this section.

(b) The results of the DNA profile of individuals in the State DNA Data Base shall be made available: (1) To a criminal justice agency or to an approved crime laboratory that serves a criminal justice agency; or (2) To a criminal justice official upon written or electronic request from the criminal justice official and in furtherance of an official investigation of a criminal offense.

(1) To a criminal justice agency or to an approved crime laboratory that serves a criminal justice agency; or

(2) To a criminal justice official upon written or electronic request from the criminal justice official and in furtherance of an official investigation of a criminal offense.

(c) The State Crime Laboratory shall promulgate rules governing the methods of obtaining information from the State DNA Data Base and CODIS and procedures for verification of the identity and authority of the requester.

(d) The State Crime Laboratory may create a separate population database composed of DNA samples obtained under this subchapter after all personal identification is removed.

Acts 2009, No. 974, § 10.
Ark. Code Ann. § 12-64-710 — AR Code / Title 12 / Chapter 64 / Subchapter 7 / Section 12-64-710
Review counsel
Status: in_force

The accused has the right to be represented during a review of records under this subchapter by: (1) Civilian counsel if provided by the accused; (2) Military counsel of the accused's own selection if reasonably available; or (3) The defense counsel detailed under this code. Amended by Act 2017, No. 250,§ 30, eff. 8/1/2017. Amended by Act 2015, No. 1003,§ 30, eff. 7/22/2015. Acts 1969, No. 50, § 113; A.S.A. 1947, § 11-668.

The accused has the right to be represented during a review of records under this subchapter by:

(1) Civilian counsel if provided by the accused;

(2) Military counsel of the accused's own selection if reasonably available; or

(3) The defense counsel detailed under this code.

Amended by Act 2017, No. 250,§ 30, eff. 8/1/2017.

Amended by Act 2015, No. 1003,§ 30, eff. 7/22/2015.

Acts 1969, No. 50, § 113; A.S.A. 1947, § 11-668.
Ark. Code Ann. § 12-13-301 — AR Code / Title 12 / Chapter 13 / Subchapter 3 / Section 12-13-301
Title
Status: in_force

This subchapter shall be known as the "Arson Reporting-Immunity Act". Acts 1981, No. 123, § 1; A.S.A. 1947, § 66-5601.

This subchapter shall be known as the "Arson Reporting-Immunity Act".

Acts 1981, No. 123, § 1; A.S.A. 1947, § 66-5601.
Ark. Code Ann. § 12-62-102 — AR Code / Title 12 / Chapter 62 / Subchapter 1 / Section 12-62-102
Prerequisites to appointment - Disqualifications
Status: in_force

(a) No person shall be appointed or promoted as a commissioned officer in the National Guard unless he or she shall have passed such examination as to his or her physical, moral, and professional qualifications as may be prescribed by the United States and by this code and the regulations and rules issued thereunder. (b) No person shall be recognized as a commissioned officer of the National Guard and no appointment as such shall become effective until he or she shall have taken and subscribed an oath of office. (c) Any person who has been dismissed or dishonorably discharged from the National Guard of this or any other state or from the United States Armed Forces and has not been restored to duty or any commissioned officer who was discharged from the National Guard as a result of the findings of an efficiency examining board or whose resignation from the National Guard was accepted by the Governor at a time when such officer was under arrest or under charges for the commission of an offense punishable by a court-martial shall not be eligible for appointment as a commissioned officer in any force of the National Guard. Amended by Act 2019, No. 315,§ 932, eff. 7/24/2019. Acts 1969, No. 50, § 30; A.S.A. 1947, § 11-302.

(a) No person shall be appointed or promoted as a commissioned officer in the National Guard unless he or she shall have passed such examination as to his or her physical, moral, and professional qualifications as may be prescribed by the United States and by this code and the regulations and rules issued thereunder.

(b) No person shall be recognized as a commissioned officer of the National Guard and no appointment as such shall become effective until he or she shall have taken and subscribed an oath of office.

(c) Any person who has been dismissed or dishonorably discharged from the National Guard of this or any other state or from the United States Armed Forces and has not been restored to duty or any commissioned officer who was discharged from the National Guard as a result of the findings of an efficiency examining board or whose resignation from the National Guard was accepted by the Governor at a time when such officer was under arrest or under charges for the commission of an offense punishable by a court-martial shall not be eligible for appointment as a commissioned officer in any force of the National Guard.

Amended by Act 2019, No. 315,§ 932, eff. 7/24/2019.

Acts 1969, No. 50, § 30; A.S.A. 1947, § 11-302.
Ark. Code Ann. § 12-41-713 — AR Code / Title 12 / Chapter 41 / Subchapter 7 / Section 12-41-713
Bonds - Tax exemption
Status: in_force

Bonds and other evidences of indebtedness issued under the provisions of this subchapter and the interest thereon shall be exempt from all state, county, and municipal taxes, and this exemption shall include income, inheritance, and state taxes. Acts 1983, No. 918, § 13; A.S.A. 1947, § 46-459; Acts 2003, No. 1772, § 1.

Bonds and other evidences of indebtedness issued under the provisions of this subchapter and the interest thereon shall be exempt from all state, county, and municipal taxes, and this exemption shall include income, inheritance, and state taxes.

Acts 1983, No. 918, § 13; A.S.A. 1947, § 46-459; Acts 2003, No. 1772, § 1.
Ark. Code Ann. § 12-9-601 — AR Code / Title 12 / Chapter 9 / Subchapter 6 / Section 12-9-601
Definitions
Status: in_force

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. Acts 1997, No. 949, § 1.

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.

Acts 1997, No. 949, § 1.
Ark. Code Ann. § 12-12-803 — AR Code / Title 12 / Chapter 12 / Subchapter 8 / Section 12-12-803
Request for school records - Notification of law enforcement officer or Attorney General
Status: in_force

(a) 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. (b) The notice shall be by certified mail, return receipt requested. Acts 1987, No. 164, § 1; 1993, No. 116, § 3.

(a) 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.

(b) The notice shall be by certified mail, return receipt requested.

Acts 1987, No. 164, § 1; 1993, No. 116, § 3.
Ark. Code Ann. § 12-8-113 — AR Code / Title 12 / Chapter 8 / Subchapter 1 / Section 12-8-113
Drug Abuse Enforcement Unit - Hot line
Status: in_force

(a) 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. (b) (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. Amended by Act 2019, No. 910,§ 5772, eff. 7/1/2019. Acts 1975 (Extended Sess., 1976), No. 1017, § 20; A.S.A. 1947, § 42-404.1; Acts 1989, No. 859, § 1.

(a) 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.

(b) (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.

(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.

Amended by Act 2019, No. 910,§ 5772, eff. 7/1/2019.

Acts 1975 (Extended Sess., 1976), No. 1017, § 20; A.S.A. 1947, § 42-404.1; Acts 1989, No. 859, § 1.
Ark. Code Ann. § 12-86-201 — AR Code / Title 12 / Chapter 86 / Subchapter 2 / Section 12-86-201
Title
Status: in_force

This subchapter shall be known and may be cited as the "Emergency Preparedness for Child Care Facilities Act". Acts 2007, No. 816, § 1.

This subchapter shall be known and may be cited as the "Emergency Preparedness for Child Care Facilities Act".

Acts 2007, No. 816, § 1.
Ark. Code Ann. § 12-42-111 — AR Code / Title 12 / Chapter 42 / Section 12-42-111
Credit for labor
Status: in_force

(a) Every county court or a county official designated by the county court may utilize persons convicted and committed to the county jails to perform manual labor in any workhouse, farm, road, street, bridge, or other public work owned, operated, or conducted by the state or any county, city, or incorporated town within the state. (b) (1) An inmate performing such labor shall receive compensatory time in the amount of one (1) additional day's credit against his or her sentence for each day's labor. (2) The county court shall determine what constitutes a day's labor. (c) Furthermore, the county court or a county official designated by the county court shall determine which inmates may participate in this program and the extent of their participation. Acts 1979, No. 27, § 1; 1985, No. 931, § 1; A.S.A. 1947, § 46-502.1.

(a) Every county court or a county official designated by the county court may utilize persons convicted and committed to the county jails to perform manual labor in any workhouse, farm, road, street, bridge, or other public work owned, operated, or conducted by the state or any county, city, or incorporated town within the state.

(b) (1) An inmate performing such labor shall receive compensatory time in the amount of one (1) additional day's credit against his or her sentence for each day's labor. (2) The county court shall determine what constitutes a day's labor.

(1) An inmate performing such labor shall receive compensatory time in the amount of one (1) additional day's credit against his or her sentence for each day's labor.

(2) The county court shall determine what constitutes a day's labor.

(c) Furthermore, the county court or a county official designated by the county court shall determine which inmates may participate in this program and the extent of their participation.

Acts 1979, No. 27, § 1; 1985, No. 931, § 1; A.S.A. 1947, § 46-502.1.
Ark. Code Ann. § 12-63-212 — AR Code / Title 12 / Chapter 63 / Subchapter 2 / Section 12-63-212
Prosecution of violations - Disposition of fines
Status: in_force

(a) The prosecuting attorney shall appear and prosecute all actions arising in any court under the provisions of this subchapter. (b) All fines which may be collected by any court on account of violations of § 12-63-207 or § 12-63-209 shall be paid into the same fund as are fines levied for the same or similar violations by the court hearing the matter. Acts 1979, No. 895, § 7; A.S.A. 1947, § 11-1818.

(a) The prosecuting attorney shall appear and prosecute all actions arising in any court under the provisions of this subchapter.

(b) All fines which may be collected by any court on account of violations of § 12-63-207 or § 12-63-209 shall be paid into the same fund as are fines levied for the same or similar violations by the court hearing the matter.

Acts 1979, No. 895, § 7; A.S.A. 1947, § 11-1818.
Ark. Code Ann. § 12-30-206 — AR Code / Title 12 / Chapter 30 / Subchapter 2 / Section 12-30-206
Prices
Status: in_force

(a) The Board of Corrections shall fix and determine the prices at which all articles or products manufactured or produced shall be furnished. (b) The prices shall be uniform and nondiscriminating to all and shall not exceed the wholesale market prices with the exception of goods or items produced, assembled, or packaged in whole or in part specifically for sale or resale to inmates of the Division of Correction, Division of Community Correction, or a local correctional facility. Amended by Act 2019, No. 910,§ 820, eff. 7/1/2019. Amended by Act 2015, No. 1061,§ 2, eff. 7/22/2015. Acts 1967, No. 473, § 9; A.S.A. 1947, § 46-242.

(a) The Board of Corrections shall fix and determine the prices at which all articles or products manufactured or produced shall be furnished.

(b) The prices shall be uniform and nondiscriminating to all and shall not exceed the wholesale market prices with the exception of goods or items produced, assembled, or packaged in whole or in part specifically for sale or resale to inmates of the Division of Correction, Division of Community Correction, or a local correctional facility.

Amended by Act 2019, No. 910,§ 820, eff. 7/1/2019.

Amended by Act 2015, No. 1061,§ 2, eff. 7/22/2015.

Acts 1967, No. 473, § 9; A.S.A. 1947, § 46-242.
Ark. Code Ann. § 12-75-125 — AR Code / Title 12 / Chapter 75 / Subchapter 1 / Section 12-75-125
Donation of property or equipment - Immunity
Status: in_force

(a) Any person owning or controlling real estate or other premises who voluntarily and with or without compensation grants a license or privilege, or otherwise permits the designation or use of the whole or any part or parts of such real estate or premises for the purpose of sheltering persons during an actual, impending, mock, or practice attack shall, together with his or her successors in interest, if any, not be civilly liable for negligently causing the death of, or injury to, any person on or about such real estate or premises for loss of or damage to the property of such person. (b) The immunity in subsection (a) of this section shall extend to those persons who have voluntarily and with or without compensation granted the use of automotive vehicles, boats or similar equipment, or aircraft for use under the circumstances described in subsection (a) of this section. Acts 1973, No. 511, § 17; A.S.A. 1947, § 11-1950.

(a) Any person owning or controlling real estate or other premises who voluntarily and with or without compensation grants a license or privilege, or otherwise permits the designation or use of the whole or any part or parts of such real estate or premises for the purpose of sheltering persons during an actual, impending, mock, or practice attack shall, together with his or her successors in interest, if any, not be civilly liable for negligently causing the death of, or injury to, any person on or about such real estate or premises for loss of or damage to the property of such person.

(b) The immunity in subsection (a) of this section shall extend to those persons who have voluntarily and with or without compensation granted the use of automotive vehicles, boats or similar equipment, or aircraft for use under the circumstances described in subsection (a) of this section.

Acts 1973, No. 511, § 17; A.S.A. 1947, § 11-1950.
Ark. Code Ann. § 12-87-101 — AR Code / Title 12 / Chapter 87 / Section 12-87-101
Title
Status: in_force

This chapter may be cited as the "Uniform Emergency Volunteer Health Practitioners Act". Acts 2009, No. 432, § 1.

This chapter may be cited as the "Uniform Emergency Volunteer Health Practitioners Act".

Acts 2009, No. 432, § 1.
Ark. Code Ann. § 12-32-105 — AR Code / Title 12 / Chapter 32 / Section 12-32-105
Mammograms and physician consultation
Status: in_force

(a) A correctional or detention facility operated or administered by the Department of Corrections shall establish a policy to offer a female inmate or detainee who is: (1) Fifty (50) years of age or older but younger than seventy-five (75) years of age a mammogram screening every two (2) years; and (2) Forty (40) years of age or older but younger than fifty (50) years of age a consultation with a physician to seek professional care as to when to receive a mammogram. (b) A mammogram or consultation with a physician under this section shall be at no cost to the female inmate or detainee. Added by Act 2021, No. 1107,§ 2, eff. 7/28/2021.

(a) A correctional or detention facility operated or administered by the Department of Corrections shall establish a policy to offer a female inmate or detainee who is: (1) Fifty (50) years of age or older but younger than seventy-five (75) years of age a mammogram screening every two (2) years; and (2) Forty (40) years of age or older but younger than fifty (50) years of age a consultation with a physician to seek professional care as to when to receive a mammogram.

(1) Fifty (50) years of age or older but younger than seventy-five (75) years of age a mammogram screening every two (2) years; and

(2) Forty (40) years of age or older but younger than fifty (50) years of age a consultation with a physician to seek professional care as to when to receive a mammogram.

(b) A mammogram or consultation with a physician under this section shall be at no cost to the female inmate or detainee.

Added by Act 2021, No. 1107,§ 2, eff. 7/28/2021.
Ark. Code Ann. § 12-28-605 — AR Code / Title 12 / Chapter 28 / Subchapter 6 / Section 12-28-605
Successive states of emergency
Status: in_force

(a) The Board of Corrections may declare succeeding prison overcrowding states of emergency at any time when the prison population exceeds ninety-eight percent (98%) of the rated capacity of the prison system, but these successive states of emergency shall not be declared more often than one (1) time each ninety (90) days or at any time the county jail backlog exceeds five hundred (500) inmates. (b) Any subsequent state of emergency declared pursuant to the provisions of this subchapter shall have the same effect as the first declaration of emergency with respect to inmates in the prison system on the date of the declaration of each successive state of emergency. Acts 1987, No. 418, § 5; 1995, No. 204, § 4; 1995, No. 293, § 4; 2003, No. 1721, § 4.

(a) The Board of Corrections may declare succeeding prison overcrowding states of emergency at any time when the prison population exceeds ninety-eight percent (98%) of the rated capacity of the prison system, but these successive states of emergency shall not be declared more often than one (1) time each ninety (90) days or at any time the county jail backlog exceeds five hundred (500) inmates.

(b) Any subsequent state of emergency declared pursuant to the provisions of this subchapter shall have the same effect as the first declaration of emergency with respect to inmates in the prison system on the date of the declaration of each successive state of emergency.

Acts 1987, No. 418, § 5; 1995, No. 204, § 4; 1995, No. 293, § 4; 2003, No. 1721, § 4.
Ark. Code Ann. § 12-12-1401 — AR Code / Title 12 / Chapter 12 / Subchapter 14 / Section 12-12-1401
Definition
Status: in_force

(a) As used in this subchapter, "racial profiling" means the practice of a law enforcement officer's relying to any degree on race, ethnicity, national origin, or religion in selecting which individuals to subject to routine investigatory activities or in deciding upon the scope and substance of law enforcement activity following the initial routine investigatory activity. (b) "Racial profiling" does not include reliance on the criteria in combination with other identifying factors when the law enforcement officer is seeking to apprehend a specific suspect whose race, ethnicity, or national origin is part of the description of the suspect and the description is thought to be reliable and locally relevant. Acts 2003, No. 1207, § 1.

(a) As used in this subchapter, "racial profiling" means the practice of a law enforcement officer's relying to any degree on race, ethnicity, national origin, or religion in selecting which individuals to subject to routine investigatory activities or in deciding upon the scope and substance of law enforcement activity following the initial routine investigatory activity.

(b) "Racial profiling" does not include reliance on the criteria in combination with other identifying factors when the law enforcement officer is seeking to apprehend a specific suspect whose race, ethnicity, or national origin is part of the description of the suspect and the description is thought to be reliable and locally relevant.

Acts 2003, No. 1207, § 1.
Ark. Code Ann. § 12-62-605 — AR Code / Title 12 / Chapter 62 / Subchapter 6 / Section 12-62-605
[Repealed]
Status: repealed

Repealed by Act 2017, No. 471,§ 3, eff. 8/1/2017. Acts 1995, No. 186, § 5; 1995, No. 346, § 5; 2009, No. 214, § 3.

Repealed by Act 2017, No. 471,§ 3, eff. 8/1/2017.

Acts 1995, No. 186, § 5; 1995, No. 346, § 5; 2009, No. 214, § 3.
Ark. Code Ann. § 12-12-109 — AR Code / Title 12 / Chapter 12 / Subchapter 1 / Section 12-12-109
Domestic violence investigation - Victimless prosecution
Status: in_force

(a) A law enforcement agency that investigates a complaint or accusation of domestic violence shall do so in a manner that allows the prosecuting attorney to prosecute the offense if the prosecuting attorney has probable cause an offense was committed and achieve a guilty verdict based on evidence independent of the testimony of the victim of the offense. (b) 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. Added by Act 2015, No. 876,§ 1, eff. 7/22/2015.

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

(b) 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.

(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.

Added by Act 2015, No. 876,§ 1, eff. 7/22/2015.
Ark. Code Ann. § 12-51-401 — AR Code / Title 12 / Chapter 51 / Subchapter 4 / Section 12-51-401
Oversight
Status: in_force

(a) The Interstate Commission for Adult Offender Supervision shall oversee the interstate movement of adult offenders in the compacting states and shall monitor such activities being administered in noncompacting states which may significantly affect compacting states. (b) The courts and executive agencies in each compacting state shall enforce this compact and shall take all actions necessary and appropriate to effectuate the compact's purposes and intent. In any judicial or administrative proceeding in a compacting state pertaining to the subject matter of this compact which may affect the powers, responsibilities or actions of the interstate commission, the interstate commission shall be entitled to receive all service of process in any such proceeding, and shall have standing to intervene in the proceeding for all purposes. Acts 2001, No. 253, § 1.

(a) The Interstate Commission for Adult Offender Supervision shall oversee the interstate movement of adult offenders in the compacting states and shall monitor such activities being administered in noncompacting states which may significantly affect compacting states.

(b) The courts and executive agencies in each compacting state shall enforce this compact and shall take all actions necessary and appropriate to effectuate the compact's purposes and intent. In any judicial or administrative proceeding in a compacting state pertaining to the subject matter of this compact which may affect the powers, responsibilities or actions of the interstate commission, the interstate commission shall be entitled to receive all service of process in any such proceeding, and shall have standing to intervene in the proceeding for all purposes.

Acts 2001, No. 253, § 1.
Ark. Code Ann. § 12-9-507 — AR Code / Title 12 / Chapter 9 / Subchapter 5 / Section 12-9-507
Staffing procedure
Status: in_force

The Criminal Justice Institute shall submit to the Joint Budget Committee a yearly report reflecting hiring and participation. Acts 1994 (2nd Ex. Sess.), No. 35, § 5; 1997, No. 1035, § 4.

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

Acts 1994 (2nd Ex. Sess.), No. 35, § 5; 1997, No. 1035, § 4.
Ark. Code Ann. § 12-64-707 — AR Code / Title 12 / Chapter 64 / Subchapter 7 / Section 12-64-707
Rehearings
Status: in_force

(a) (1) If the convening authority disapproves the findings and sentence of a court-martial he or she may, except where there is lack of sufficient evidence in the record to support the findings, order a rehearing. (2) In such a case he or she shall state the reasons for disapproval. (3) If he or she disapproves the findings and sentence and does not order a rehearing, he or she shall dismiss the charges. (b) (1) Each rehearing shall take place before a court-martial composed of members not members of the court-martial which first heard the case. (2) Upon a rehearing the accused may not be tried for any offense of which he or she was found not guilty by the first court-martial; and no sentence in excess of or more severe than the original sentence may be imposed, unless the sentence is based upon a finding of guilty of an offense not considered upon the merits in the original proceedings or unless the sentence prescribed for the offense is mandatory. Acts 1969, No. 50, § 109; A.S.A. 1947, § 11-664.

(a) (1) If the convening authority disapproves the findings and sentence of a court-martial he or she may, except where there is lack of sufficient evidence in the record to support the findings, order a rehearing. (2) In such a case he or she shall state the reasons for disapproval. (3) If he or she disapproves the findings and sentence and does not order a rehearing, he or she shall dismiss the charges.

(1) If the convening authority disapproves the findings and sentence of a court-martial he or she may, except where there is lack of sufficient evidence in the record to support the findings, order a rehearing.

(2) In such a case he or she shall state the reasons for disapproval.

(3) If he or she disapproves the findings and sentence and does not order a rehearing, he or she shall dismiss the charges.

(b) (1) Each rehearing shall take place before a court-martial composed of members not members of the court-martial which first heard the case. (2) Upon a rehearing the accused may not be tried for any offense of which he or she was found not guilty by the first court-martial; and no sentence in excess of or more severe than the original sentence may be imposed, unless the sentence is based upon a finding of guilty of an offense not considered upon the merits in the original proceedings or unless the sentence prescribed for the offense is mandatory.

(1) Each rehearing shall take place before a court-martial composed of members not members of the court-martial which first heard the case.

(2) Upon a rehearing the accused may not be tried for any offense of which he or she was found not guilty by the first court-martial; and no sentence in excess of or more severe than the original sentence may be imposed, unless the sentence is based upon a finding of guilty of an offense not considered upon the merits in the original proceedings or unless the sentence prescribed for the offense is mandatory.

Acts 1969, No. 50, § 109; A.S.A. 1947, § 11-664.
Ark. Code Ann. § 12-27-131 — AR Code / Title 12 / Chapter 27 / Subchapter 1 / Section 12-27-131
Receipts for reimbursement
Status: in_force

(a) Receipts from cities or counties reimbursed to the Division of Correction for daily care of city or county prisoners shall be accounted for separately. (b) The debt service of such receipts shall be used for payment of debt service on bonds, loans, or any other instruments used to finance regional jail facilities. (c) The operational portion of such receipts shall also be used for debt service unless approval is received from the Secretary of the Department of Finance and Administration for other usages. Amended by Act 2019, No. 910,§ 756, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 755, eff. 7/1/2019. Acts 1993, No. 911, § 30.

(a) Receipts from cities or counties reimbursed to the Division of Correction for daily care of city or county prisoners shall be accounted for separately.

(b) The debt service of such receipts shall be used for payment of debt service on bonds, loans, or any other instruments used to finance regional jail facilities.

(c) The operational portion of such receipts shall also be used for debt service unless approval is received from the Secretary of the Department of Finance and Administration for other usages.

Amended by Act 2019, No. 910,§ 756, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 755, eff. 7/1/2019.

Acts 1993, No. 911, § 30.
Ark. Code Ann. § 12-18-1104 — AR Code / Title 12 / Chapter 18 / Subchapter 11 / Section 12-18-1104
Information not to be released regarding a child fatality
Status: in_force

Concerning the fatality of a child, the Department of Human Services shall not release: (1) Information on siblings of the child; (2) Attorney-client communications; or (3) Any information if release of such information would jeopardize a criminal investigation. Acts 2009, No. 675, § 1.

Concerning the fatality of a child, the Department of Human Services shall not release:

(1) Information on siblings of the child;

(2) Attorney-client communications; or

(3) Any information if release of such information would jeopardize a criminal investigation.

Acts 2009, No. 675, § 1.
Ark. Code Ann. § 12-64-844 — AR Code / Title 12 / Chapter 64 / Subchapter 8 / Section 12-64-844
General article - Offenses cognizable by courts-martial
Status: in_force

Though not specifically mentioned in this code, all disorders and neglects to the prejudice of good order and discipline in the organized militia, all conduct of a nature to bring discredit upon the organized militia, and crimes and offenses not capital, of which persons subject to this code may be guilty, shall be taken cognizance of by a general, special, or summary court-martial, according to the nature and degree of the offense, and shall be punished at the discretion of that court. Acts 1969, No. 50, § 162; 1983, No. 412, § 3; A.S.A. 1947, § 11-744; Acts 2007, No. 47, § 7.

Though not specifically mentioned in this code, all disorders and neglects to the prejudice of good order and discipline in the organized militia, all conduct of a nature to bring discredit upon the organized militia, and crimes and offenses not capital, of which persons subject to this code may be guilty, shall be taken cognizance of by a general, special, or summary court-martial, according to the nature and degree of the offense, and shall be punished at the discretion of that court.

Acts 1969, No. 50, § 162; 1983, No. 412, § 3; A.S.A. 1947, § 11-744; Acts 2007, No. 47, § 7.
Ark. Code Ann. § 12-64-821 — AR Code / Title 12 / Chapter 64 / Subchapter 8 / Section 12-64-821
Releasing prisoner without proper authority
Status: in_force

Any person subject to this code who, without proper authority, releases any prisoner committed to his or her charge, or who through neglect or design suffers any such prisoner to escape, shall be punished as a court-martial may direct, whether or not the prisoner was committed in strict compliance with law. Acts 1969, No. 50, § 139; A.S.A. 1947, § 11-721.

Any person subject to this code who, without proper authority, releases any prisoner committed to his or her charge, or who through neglect or design suffers any such prisoner to escape, shall be punished as a court-martial may direct, whether or not the prisoner was committed in strict compliance with law.

Acts 1969, No. 50, § 139; A.S.A. 1947, § 11-721.
Ark. Code Ann. § 12-64-206 — AR Code / Title 12 / Chapter 64 / Subchapter 2 / Section 12-64-206
Pretrial restraint as punishment prohibited
Status: in_force

Pretrial restraint is not punishment and shall not be used as punishment. Amended by Act 2015, No. 1003,§ 12, eff. 7/22/2015. Acts 1969, No. 50, § 57; A.S.A. 1947, § 11-612.

Pretrial restraint is not punishment and shall not be used as punishment.

Amended by Act 2015, No. 1003,§ 12, eff. 7/22/2015.

Acts 1969, No. 50, § 57; A.S.A. 1947, § 11-612.
Ark. Code Ann. § 12-75-113 — AR Code / Title 12 / Chapter 75 / Subchapter 1 / Section 12-75-113
Emergency response vehicles
Status: in_force

(a) Due to the time-critical nature of response to the scene of a disaster or major emergency occurrence, the Director of the Division of Emergency Management may designate appropriate vehicles as requested in the staffing patterns of the state offices of emergency management and local offices of emergency management and designate other state agency vehicles with an emergency management response requirement as emergency response vehicles. (b) Designated state and local government emergency response vehicles under this chapter shall share the same privileges and immunities regarding traffic laws and ordinances as other emergency vehicles as defined by state law. (c) Emergency vehicles authorized by this chapter shall be identified by a flashing light or rotating beacon which will be green in color. (d) When responding to an emergency, the designated emergency vehicle shall have flashing lights or rotating beacon activated and must be equipped with and operating a siren device. Amended by Act 2019, No. 910,§ 5881, eff. 7/1/2019. Acts 1973, No. 511, § 8; 1985, No. 687, § 6; 1985, No. 978, § 6; A.S.A. 1947, § 11-1941; Acts 1999, No. 646, § 19; 2009, No. 165, § 37.

(a) Due to the time-critical nature of response to the scene of a disaster or major emergency occurrence, the Director of the Division of Emergency Management may designate appropriate vehicles as requested in the staffing patterns of the state offices of emergency management and local offices of emergency management and designate other state agency vehicles with an emergency management response requirement as emergency response vehicles.

(b) Designated state and local government emergency response vehicles under this chapter shall share the same privileges and immunities regarding traffic laws and ordinances as other emergency vehicles as defined by state law.

(c) Emergency vehicles authorized by this chapter shall be identified by a flashing light or rotating beacon which will be green in color.

(d) When responding to an emergency, the designated emergency vehicle shall have flashing lights or rotating beacon activated and must be equipped with and operating a siren device.

Amended by Act 2019, No. 910,§ 5881, eff. 7/1/2019.

Acts 1973, No. 511, § 8; 1985, No. 687, § 6; 1985, No. 978, § 6; A.S.A. 1947, § 11-1941; Acts 1999, No. 646, § 19; 2009, No. 165, § 37.