Ark. Code Ann. § 12-12-1012 — AR Code / Title 12 / Chapter 12 / Subchapter 10 / Section 12-12-1012
Fees for noncriminal justice record searches
Status: in_force

(a) (1) (A) A fee may be charged for providing criminal history information for noncriminal justice purposes. (B) However, the fee for providing criminal history information may be waived at the request of a: (i) Local school district, for providing criminal history information concerning a volunteer in a public school program; or (ii) (a) Nonprofit organization whose purpose is to serve juveniles, for providing criminal history information concerning volunteers to the nonprofit organization. (b) This exemption shall not be applicable to a child care facility whose owner, operator, or employees are required under § 20-78-606 to apply to the Identification Bureau of the Department of Arkansas State Police for a criminal records check. (2) (A) The amount of the fee for electronic Internet submission will be determined jointly by the bureau and the central repository and shall not exceed twenty dollars ($20.00), exclusive of any third-party electronic processing fee charges. (B) Effective July 1, 2005, the amount of the fee for providing information by means other than the Internet shall be determined jointly by the bureau and the central repository and shall not exceed thirty dollars ($30.00). (b) (1) There is created on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State the State Police Equipment Fund. (2) Except as provided in subdivision (b)(3) of this section, all fees collected pursuant to this section shall be deposited into the State Treasury as special revenue and credited: (A) Fifty percent (50%) to the Crime Information System Fund, there to be used for the continued operation and expansion of the automated criminal history system; and (B) Fifty percent (50%) to the State Police Equipment Fund, there to be used for the continued operation and expansion of the automated fingerprint identification system. (3) Fees collected under subdivision (a)(2)(B) of this section shall be deposited into the State Treasury as special revenue as follows: (A) Ten dollars ($10.00) of each fee collected shall be credited to the Crime Information System Fund; and (B) The portion of a collected fee that exceeds ten dollars ($10.00) shall be credited to the State Police Equipment Fund. (4) (A) Special revenues deposited into the Crime Information System Fund and the State Police Equipment Fund may be used for personal services and operating expenses as provided by law and for conducting criminal background checks for noncriminal justice purposes. (B) The special revenues unused at the end of any fiscal year shall be carried forward. Acts 1993, No. 1109, § 11; 1995, No. 847, § 1; 1997, No. 447, § 1; 1997, No. 1102, § 3; 2005, No. 1573, § 1; 2005, No. 1962, § 42; 2009, No. 762, § 1.

(a) (1) (A) A fee may be charged for providing criminal history information for noncriminal justice purposes. (B) However, the fee for providing criminal history information may be waived at the request of a: (i) Local school district, for providing criminal history information concerning a volunteer in a public school program; or (ii) (a) Nonprofit organization whose purpose is to serve juveniles, for providing criminal history information concerning volunteers to the nonprofit organization. (b) This exemption shall not be applicable to a child care facility whose owner, operator, or employees are required under § 20-78-606 to apply to the Identification Bureau of the Department of Arkansas State Police for a criminal records check. (2) (A) The amount of the fee for electronic Internet submission will be determined jointly by the bureau and the central repository and shall not exceed twenty dollars ($20.00), exclusive of any third-party electronic processing fee charges. (B) Effective July 1, 2005, the amount of the fee for providing information by means other than the Internet shall be determined jointly by the bureau and the central repository and shall not exceed thirty dollars ($30.00).

(1) (A) A fee may be charged for providing criminal history information for noncriminal justice purposes. (B) However, the fee for providing criminal history information may be waived at the request of a: (i) Local school district, for providing criminal history information concerning a volunteer in a public school program; or (ii) (a) Nonprofit organization whose purpose is to serve juveniles, for providing criminal history information concerning volunteers to the nonprofit organization. (b) This exemption shall not be applicable to a child care facility whose owner, operator, or employees are required under § 20-78-606 to apply to the Identification Bureau of the Department of Arkansas State Police for a criminal records check.

(A) A fee may be charged for providing criminal history information for noncriminal justice purposes.

(B) However, the fee for providing criminal history information may be waived at the request of a: (i) Local school district, for providing criminal history information concerning a volunteer in a public school program; or (ii) (a) Nonprofit organization whose purpose is to serve juveniles, for providing criminal history information concerning volunteers to the nonprofit organization. (b) This exemption shall not be applicable to a child care facility whose owner, operator, or employees are required under § 20-78-606 to apply to the Identification Bureau of the Department of Arkansas State Police for a criminal records check.

(i) Local school district, for providing criminal history information concerning a volunteer in a public school program; or

(ii) (a) Nonprofit organization whose purpose is to serve juveniles, for providing criminal history information concerning volunteers to the nonprofit organization. (b) This exemption shall not be applicable to a child care facility whose owner, operator, or employees are required under § 20-78-606 to apply to the Identification Bureau of the Department of Arkansas State Police for a criminal records check.

(a) Nonprofit organization whose purpose is to serve juveniles, for providing criminal history information concerning volunteers to the nonprofit organization.

(b) This exemption shall not be applicable to a child care facility whose owner, operator, or employees are required under § 20-78-606 to apply to the Identification Bureau of the Department of Arkansas State Police for a criminal records check.

(2) (A) The amount of the fee for electronic Internet submission will be determined jointly by the bureau and the central repository and shall not exceed twenty dollars ($20.00), exclusive of any third-party electronic processing fee charges. (B) Effective July 1, 2005, the amount of the fee for providing information by means other than the Internet shall be determined jointly by the bureau and the central repository and shall not exceed thirty dollars ($30.00).

(A) The amount of the fee for electronic Internet submission will be determined jointly by the bureau and the central repository and shall not exceed twenty dollars ($20.00), exclusive of any third-party electronic processing fee charges.

(B) Effective July 1, 2005, the amount of the fee for providing information by means other than the Internet shall be determined jointly by the bureau and the central repository and shall not exceed thirty dollars ($30.00).

(b) (1) There is created on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State the State Police Equipment Fund. (2) Except as provided in subdivision (b)(3) of this section, all fees collected pursuant to this section shall be deposited into the State Treasury as special revenue and credited: (A) Fifty percent (50%) to the Crime Information System Fund, there to be used for the continued operation and expansion of the automated criminal history system; and (B) Fifty percent (50%) to the State Police Equipment Fund, there to be used for the continued operation and expansion of the automated fingerprint identification system. (3) Fees collected under subdivision (a)(2)(B) of this section shall be deposited into the State Treasury as special revenue as follows: (A) Ten dollars ($10.00) of each fee collected shall be credited to the Crime Information System Fund; and (B) The portion of a collected fee that exceeds ten dollars ($10.00) shall be credited to the State Police Equipment Fund. (4) (A) Special revenues deposited into the Crime Information System Fund and the State Police Equipment Fund may be used for personal services and operating expenses as provided by law and for conducting criminal background checks for noncriminal justice purposes. (B) The special revenues unused at the end of any fiscal year shall be carried forward.

(1) There is created on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State the State Police Equipment Fund.

(2) Except as provided in subdivision (b)(3) of this section, all fees collected pursuant to this section shall be deposited into the State Treasury as special revenue and credited: (A) Fifty percent (50%) to the Crime Information System Fund, there to be used for the continued operation and expansion of the automated criminal history system; and (B) Fifty percent (50%) to the State Police Equipment Fund, there to be used for the continued operation and expansion of the automated fingerprint identification system.

(A) Fifty percent (50%) to the Crime Information System Fund, there to be used for the continued operation and expansion of the automated criminal history system; and

(B) Fifty percent (50%) to the State Police Equipment Fund, there to be used for the continued operation and expansion of the automated fingerprint identification system.

(3) Fees collected under subdivision (a)(2)(B) of this section shall be deposited into the State Treasury as special revenue as follows: (A) Ten dollars ($10.00) of each fee collected shall be credited to the Crime Information System Fund; and (B) The portion of a collected fee that exceeds ten dollars ($10.00) shall be credited to the State Police Equipment Fund.

(A) Ten dollars ($10.00) of each fee collected shall be credited to the Crime Information System Fund; and

(B) The portion of a collected fee that exceeds ten dollars ($10.00) shall be credited to the State Police Equipment Fund.

(4) (A) Special revenues deposited into the Crime Information System Fund and the State Police Equipment Fund may be used for personal services and operating expenses as provided by law and for conducting criminal background checks for noncriminal justice purposes. (B) The special revenues unused at the end of any fiscal year shall be carried forward.

(A) Special revenues deposited into the Crime Information System Fund and the State Police Equipment Fund may be used for personal services and operating expenses as provided by law and for conducting criminal background checks for noncriminal justice purposes.

(B) The special revenues unused at the end of any fiscal year shall be carried forward.

Acts 1993, No. 1109, § 11; 1995, No. 847, § 1; 1997, No. 447, § 1; 1997, No. 1102, § 3; 2005, No. 1573, § 1; 2005, No. 1962, § 42; 2009, No. 762, § 1.
Ark. Code Ann. § 12-9-106 — AR Code / Title 12 / Chapter 9 / Subchapter 1 / Section 12-9-106
Selection and training requirements - Exceptions
Status: in_force

(a) (1) The Arkansas Commission on Law Enforcement Standards and Training shall provide by rule that a person shall not be appointed as a law enforcement officer, except on a temporary basis not to exceed nine (9) months, unless the person has satisfactorily completed a program of police training at a school approved by the commission. (2) If the executive body of the commission determines that extraordinary circumstances exist, the commission may approve an extension of temporary employment. (b) (1) In addition to the requirements of subsection (a) of this section and § 12-9-104(7) , the commission, by rules, shall fix such other qualifications as it deems necessary. (2) However, no person who pleads or is found guilty of a felony shall be eligible to be appointed or certified as a law enforcement officer. (c) The commission shall issue a certificate evidencing satisfaction of the requirements of subsections (a) and (b) of this section to any applicant who presents such evidence as may be required by its rules of satisfactory completion of a program or course of instruction in this or another state conforming to the content and quality required by the commission for approved education and training. (d) Nothing in this section shall be construed to preclude any employing agency from establishing qualifications and standards for hiring, training, compensating, or promoting law enforcement officers that exceed those set by the commission. (e) (1) Law enforcement officers already serving under full-time permanent appointment on December 31, 1977, shall not be required to meet the requirements of subsections (a) and (b) of this section as a condition of tenure or continued employment, nor shall failure of any such law enforcement officer to fulfill the requirements make him or her ineligible. (2) Law enforcement officers employed prior to January 1, 1976, may continue their employment and participate in training programs on a voluntary or assigned basis, but failure to meet standards shall not be grounds for their dismissal or termination of employment. Subsequent termination of employment, whether voluntary or involuntary, shall not result in revocation of this exclusion status but such officers shall have the same powers, privileges, and rights and shall be subject to the same rules and restrictions as are applicable to officers whose certification is based on formal training. (3) Personnel of law enforcement agencies whose status as to coverage under this subchapter is questionable on December 31, 1977, but who are subsequently determined to be subject thereto, shall have an effective date of compliance enforcement as set by the commission, and personnel employed prior to that date shall be excluded from mandatory compliance therewith. Amended by Act 2019, No. 315,§ 852, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 851, eff. 7/24/2019. Amended by Act 2017, No. 497,§ 5, eff. 8/1/2017. Amended by Act 2013, No. 1061,§ 1, eff. 8/16/2013. Acts 1975, No. 452, § 8; 1979, No. 642, § 1; 1983, No. 905, § 1; A.S.A. 1947, § 42-1007; Acts 1999, No. 1472, § 1; 2009, No. 793, § 2.

(a) (1) The Arkansas Commission on Law Enforcement Standards and Training shall provide by rule that a person shall not be appointed as a law enforcement officer, except on a temporary basis not to exceed nine (9) months, unless the person has satisfactorily completed a program of police training at a school approved by the commission. (2) If the executive body of the commission determines that extraordinary circumstances exist, the commission may approve an extension of temporary employment.

(1) The Arkansas Commission on Law Enforcement Standards and Training shall provide by rule that a person shall not be appointed as a law enforcement officer, except on a temporary basis not to exceed nine (9) months, unless the person has satisfactorily completed a program of police training at a school approved by the commission.

(2) If the executive body of the commission determines that extraordinary circumstances exist, the commission may approve an extension of temporary employment.

(b) (1) In addition to the requirements of subsection (a) of this section and § 12-9-104(7) , the commission, by rules, shall fix such other qualifications as it deems necessary. (2) However, no person who pleads or is found guilty of a felony shall be eligible to be appointed or certified as a law enforcement officer.

(1) In addition to the requirements of subsection (a) of this section and § 12-9-104(7) , the commission, by rules, shall fix such other qualifications as it deems necessary.

(2) However, no person who pleads or is found guilty of a felony shall be eligible to be appointed or certified as a law enforcement officer.

(c) The commission shall issue a certificate evidencing satisfaction of the requirements of subsections (a) and (b) of this section to any applicant who presents such evidence as may be required by its rules of satisfactory completion of a program or course of instruction in this or another state conforming to the content and quality required by the commission for approved education and training.

(d) Nothing in this section shall be construed to preclude any employing agency from establishing qualifications and standards for hiring, training, compensating, or promoting law enforcement officers that exceed those set by the commission.

(e) (1) Law enforcement officers already serving under full-time permanent appointment on December 31, 1977, shall not be required to meet the requirements of subsections (a) and (b) of this section as a condition of tenure or continued employment, nor shall failure of any such law enforcement officer to fulfill the requirements make him or her ineligible. (2) Law enforcement officers employed prior to January 1, 1976, may continue their employment and participate in training programs on a voluntary or assigned basis, but failure to meet standards shall not be grounds for their dismissal or termination of employment. Subsequent termination of employment, whether voluntary or involuntary, shall not result in revocation of this exclusion status but such officers shall have the same powers, privileges, and rights and shall be subject to the same rules and restrictions as are applicable to officers whose certification is based on formal training. (3) Personnel of law enforcement agencies whose status as to coverage under this subchapter is questionable on December 31, 1977, but who are subsequently determined to be subject thereto, shall have an effective date of compliance enforcement as set by the commission, and personnel employed prior to that date shall be excluded from mandatory compliance therewith.

(1) Law enforcement officers already serving under full-time permanent appointment on December 31, 1977, shall not be required to meet the requirements of subsections (a) and (b) of this section as a condition of tenure or continued employment, nor shall failure of any such law enforcement officer to fulfill the requirements make him or her ineligible.

(2) Law enforcement officers employed prior to January 1, 1976, may continue their employment and participate in training programs on a voluntary or assigned basis, but failure to meet standards shall not be grounds for their dismissal or termination of employment. Subsequent termination of employment, whether voluntary or involuntary, shall not result in revocation of this exclusion status but such officers shall have the same powers, privileges, and rights and shall be subject to the same rules and restrictions as are applicable to officers whose certification is based on formal training.

(3) Personnel of law enforcement agencies whose status as to coverage under this subchapter is questionable on December 31, 1977, but who are subsequently determined to be subject thereto, shall have an effective date of compliance enforcement as set by the commission, and personnel employed prior to that date shall be excluded from mandatory compliance therewith.

Amended by Act 2019, No. 315,§ 852, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 851, eff. 7/24/2019.

Amended by Act 2017, No. 497,§ 5, eff. 8/1/2017.

Amended by Act 2013, No. 1061,§ 1, eff. 8/16/2013.

Acts 1975, No. 452, § 8; 1979, No. 642, § 1; 1983, No. 905, § 1; A.S.A. 1947, § 42-1007; Acts 1999, No. 1472, § 1; 2009, No. 793, § 2.
Ark. Code Ann. § 12-64-301 — AR Code / Title 12 / Chapter 64 / Subchapter 3 / Section 12-64-301
Nonjudicial punishment generally
Status: in_force

(a) Under such rules as the Governor may prescribe, a company grade commanding officer may, in addition to or in lieu of admonition or reprimand, impose not more than two (2) of the following disciplinary punishments for minor offenses without the intervention of a court-martial: (1) Upon officers of his or her command: (A) Withholding of privileges for not more than two (2) consecutive weeks; (B) Restriction to certain specified limits, with or without suspension from duty, for not more than two (2) consecutive weeks; or (C) (i) A fine or a forfeiture in an amount that does not exceed ten (10) days of the officer's base pay. (ii) The payment or collection of the fine or the withholding of the forfeiture under this subdivision (a)(1)(C) shall not exceed an amount equal to five (5) days of base pay during any calendar month; or (2) Upon other military personnel of his or her command: (A) Withholding of privileges for not more than two (2) consecutive weeks; (B) Restriction to certain specified limits, with or without suspension from duty, for not more than two (2) consecutive weeks; (C) Extra duties for not more than two (2) consecutive weeks and not to exceed two (2) hours per day, holidays included; (D) Reduction to next inferior grade if the grade from which demoted was established by the command or an equivalent or lower command; (E) If imposed upon a person attached to or embarked in a vessel, confinement for not more than seven (7) consecutive days; or (F) (i) A fine or a forfeiture in an amount that does not exceed ten (10) days of the soldier's or airman's base pay. (ii) The payment or collection of the fine or the withholding of the forfeiture under this subdivision (a)(2)(F) shall not exceed an amount equal to five (5) days of base pay during any calendar month. (b) Under such rules as the Governor may prescribe, a field grade commanding officer may, in addition to or in lieu of admonition or reprimand, impose not more than two (2) of the following disciplinary punishments for a minor offense without the intervention of a court-martial: (1) Upon officers of his or her command: (A) Withholding of privileges for not more than two (2) consecutive weeks; (B) Restriction to certain specified limits, with or without suspension from duty, for not more than two (2) consecutive weeks; or (C) (i) A fine or a forfeiture in an amount that does not exceed thirty (30) days of the officer's base pay. (ii) The payment or collection of the fine or the withholding of the forfeiture under this subdivision (b)(1)(C) shall not exceed an amount equal to fifteen (15) days of base pay during any calendar month; or (2) Upon other military personnel of his or her command: (A) Withholding of privileges for not more than two (2) consecutive weeks; (B) Restriction to certain specified limits, with or without suspension from duty, for not more than two (2) consecutive weeks; (C) Extra duties for not more than two (2) consecutive weeks and not to exceed two (2) hours per day, holidays included; (D) Reduction to next inferior grade if the grade from which demoted was established by the command or an equivalent or lower command; (E) If imposed upon a person attached to or embarked in a vessel, confinement for not more than seven (7) consecutive days; or (F) (i) A fine or a forfeiture in an amount that does not exceed thirty (30) days of the soldier's or airman's base pay. (ii) The payment or collection of the fine or the withholding of the forfeiture under this subdivision (b)(2)(F) shall not exceed an amount equal to fifteen (15) days of base pay during any calendar month. (c) However, except in the case where confinement has not been excluded as a punishment option, a member of the organized militia may not demand trial by court-martial in lieu of nonjudicial punishment. (d) The Governor or commanding general may, by order or rule, place limitations on the powers granted by this subchapter with respect to the kind and amount of punishment authorized and the categories of commanding officers authorized to exercise those powers. (e) An officer in charge of a detached unit or section may, for minor offenses, impose on officers, soldiers, or airmen assigned to the unit of which he or she is in charge the punishment authorized to be imposed by commanding officers as the Governor or commanding general may by order or rule specifically prescribe, as provided in subsections (a)-(d) of this section. (f) Whenever nonjudicial punishment of forfeiture of an amount of base pay is imposed under this section, the forfeiture may apply to the base pay only and before any deduction, withholding, assignment, or forfeiture then due or becoming due on or after the date that punishment is imposed and to any pay accrued before that date. Amended by Act 2019, No. 315,§ 952, eff. 7/24/2019. Amended by Act 2015, No. 1003,§ 13, eff. 7/22/2015. Acts 1969, No. 50, § 59; 1981, No. 656, § 1; 1985, No. 670, § 7; A.S.A. 1947, § 11-614; Acts 2007, No. 47, § 5.

(a) Under such rules as the Governor may prescribe, a company grade commanding officer may, in addition to or in lieu of admonition or reprimand, impose not more than two (2) of the following disciplinary punishments for minor offenses without the intervention of a court-martial: (1) Upon officers of his or her command: (A) Withholding of privileges for not more than two (2) consecutive weeks; (B) Restriction to certain specified limits, with or without suspension from duty, for not more than two (2) consecutive weeks; or (C) (i) A fine or a forfeiture in an amount that does not exceed ten (10) days of the officer's base pay. (ii) The payment or collection of the fine or the withholding of the forfeiture under this subdivision (a)(1)(C) shall not exceed an amount equal to five (5) days of base pay during any calendar month; or (2) Upon other military personnel of his or her command: (A) Withholding of privileges for not more than two (2) consecutive weeks; (B) Restriction to certain specified limits, with or without suspension from duty, for not more than two (2) consecutive weeks; (C) Extra duties for not more than two (2) consecutive weeks and not to exceed two (2) hours per day, holidays included; (D) Reduction to next inferior grade if the grade from which demoted was established by the command or an equivalent or lower command; (E) If imposed upon a person attached to or embarked in a vessel, confinement for not more than seven (7) consecutive days; or (F) (i) A fine or a forfeiture in an amount that does not exceed ten (10) days of the soldier's or airman's base pay. (ii) The payment or collection of the fine or the withholding of the forfeiture under this subdivision (a)(2)(F) shall not exceed an amount equal to five (5) days of base pay during any calendar month.

(1) Upon officers of his or her command: (A) Withholding of privileges for not more than two (2) consecutive weeks; (B) Restriction to certain specified limits, with or without suspension from duty, for not more than two (2) consecutive weeks; or (C) (i) A fine or a forfeiture in an amount that does not exceed ten (10) days of the officer's base pay. (ii) The payment or collection of the fine or the withholding of the forfeiture under this subdivision (a)(1)(C) shall not exceed an amount equal to five (5) days of base pay during any calendar month; or

(A) Withholding of privileges for not more than two (2) consecutive weeks;

(B) Restriction to certain specified limits, with or without suspension from duty, for not more than two (2) consecutive weeks; or

(C) (i) A fine or a forfeiture in an amount that does not exceed ten (10) days of the officer's base pay. (ii) The payment or collection of the fine or the withholding of the forfeiture under this subdivision (a)(1)(C) shall not exceed an amount equal to five (5) days of base pay during any calendar month; or

(i) A fine or a forfeiture in an amount that does not exceed ten (10) days of the officer's base pay.

(ii) The payment or collection of the fine or the withholding of the forfeiture under this subdivision (a)(1)(C) shall not exceed an amount equal to five (5) days of base pay during any calendar month; or

(2) Upon other military personnel of his or her command: (A) Withholding of privileges for not more than two (2) consecutive weeks; (B) Restriction to certain specified limits, with or without suspension from duty, for not more than two (2) consecutive weeks; (C) Extra duties for not more than two (2) consecutive weeks and not to exceed two (2) hours per day, holidays included; (D) Reduction to next inferior grade if the grade from which demoted was established by the command or an equivalent or lower command; (E) If imposed upon a person attached to or embarked in a vessel, confinement for not more than seven (7) consecutive days; or (F) (i) A fine or a forfeiture in an amount that does not exceed ten (10) days of the soldier's or airman's base pay. (ii) The payment or collection of the fine or the withholding of the forfeiture under this subdivision (a)(2)(F) shall not exceed an amount equal to five (5) days of base pay during any calendar month.

(A) Withholding of privileges for not more than two (2) consecutive weeks;

(B) Restriction to certain specified limits, with or without suspension from duty, for not more than two (2) consecutive weeks;

(C) Extra duties for not more than two (2) consecutive weeks and not to exceed two (2) hours per day, holidays included;

(D) Reduction to next inferior grade if the grade from which demoted was established by the command or an equivalent or lower command;

(E) If imposed upon a person attached to or embarked in a vessel, confinement for not more than seven (7) consecutive days; or

(F) (i) A fine or a forfeiture in an amount that does not exceed ten (10) days of the soldier's or airman's base pay. (ii) The payment or collection of the fine or the withholding of the forfeiture under this subdivision (a)(2)(F) shall not exceed an amount equal to five (5) days of base pay during any calendar month.

(i) A fine or a forfeiture in an amount that does not exceed ten (10) days of the soldier's or airman's base pay.

(ii) The payment or collection of the fine or the withholding of the forfeiture under this subdivision (a)(2)(F) shall not exceed an amount equal to five (5) days of base pay during any calendar month.

(b) Under such rules as the Governor may prescribe, a field grade commanding officer may, in addition to or in lieu of admonition or reprimand, impose not more than two (2) of the following disciplinary punishments for a minor offense without the intervention of a court-martial: (1) Upon officers of his or her command: (A) Withholding of privileges for not more than two (2) consecutive weeks; (B) Restriction to certain specified limits, with or without suspension from duty, for not more than two (2) consecutive weeks; or (C) (i) A fine or a forfeiture in an amount that does not exceed thirty (30) days of the officer's base pay. (ii) The payment or collection of the fine or the withholding of the forfeiture under this subdivision (b)(1)(C) shall not exceed an amount equal to fifteen (15) days of base pay during any calendar month; or (2) Upon other military personnel of his or her command: (A) Withholding of privileges for not more than two (2) consecutive weeks; (B) Restriction to certain specified limits, with or without suspension from duty, for not more than two (2) consecutive weeks; (C) Extra duties for not more than two (2) consecutive weeks and not to exceed two (2) hours per day, holidays included; (D) Reduction to next inferior grade if the grade from which demoted was established by the command or an equivalent or lower command; (E) If imposed upon a person attached to or embarked in a vessel, confinement for not more than seven (7) consecutive days; or (F) (i) A fine or a forfeiture in an amount that does not exceed thirty (30) days of the soldier's or airman's base pay. (ii) The payment or collection of the fine or the withholding of the forfeiture under this subdivision (b)(2)(F) shall not exceed an amount equal to fifteen (15) days of base pay during any calendar month.

(1) Upon officers of his or her command: (A) Withholding of privileges for not more than two (2) consecutive weeks; (B) Restriction to certain specified limits, with or without suspension from duty, for not more than two (2) consecutive weeks; or (C) (i) A fine or a forfeiture in an amount that does not exceed thirty (30) days of the officer's base pay. (ii) The payment or collection of the fine or the withholding of the forfeiture under this subdivision (b)(1)(C) shall not exceed an amount equal to fifteen (15) days of base pay during any calendar month; or

(A) Withholding of privileges for not more than two (2) consecutive weeks;

(B) Restriction to certain specified limits, with or without suspension from duty, for not more than two (2) consecutive weeks; or

(C) (i) A fine or a forfeiture in an amount that does not exceed thirty (30) days of the officer's base pay. (ii) The payment or collection of the fine or the withholding of the forfeiture under this subdivision (b)(1)(C) shall not exceed an amount equal to fifteen (15) days of base pay during any calendar month; or

(i) A fine or a forfeiture in an amount that does not exceed thirty (30) days of the officer's base pay.

(ii) The payment or collection of the fine or the withholding of the forfeiture under this subdivision (b)(1)(C) shall not exceed an amount equal to fifteen (15) days of base pay during any calendar month; or

(2) Upon other military personnel of his or her command: (A) Withholding of privileges for not more than two (2) consecutive weeks; (B) Restriction to certain specified limits, with or without suspension from duty, for not more than two (2) consecutive weeks; (C) Extra duties for not more than two (2) consecutive weeks and not to exceed two (2) hours per day, holidays included; (D) Reduction to next inferior grade if the grade from which demoted was established by the command or an equivalent or lower command; (E) If imposed upon a person attached to or embarked in a vessel, confinement for not more than seven (7) consecutive days; or (F) (i) A fine or a forfeiture in an amount that does not exceed thirty (30) days of the soldier's or airman's base pay. (ii) The payment or collection of the fine or the withholding of the forfeiture under this subdivision (b)(2)(F) shall not exceed an amount equal to fifteen (15) days of base pay during any calendar month.

(A) Withholding of privileges for not more than two (2) consecutive weeks;

(B) Restriction to certain specified limits, with or without suspension from duty, for not more than two (2) consecutive weeks;

(C) Extra duties for not more than two (2) consecutive weeks and not to exceed two (2) hours per day, holidays included;

(D) Reduction to next inferior grade if the grade from which demoted was established by the command or an equivalent or lower command;

(E) If imposed upon a person attached to or embarked in a vessel, confinement for not more than seven (7) consecutive days; or

(F) (i) A fine or a forfeiture in an amount that does not exceed thirty (30) days of the soldier's or airman's base pay. (ii) The payment or collection of the fine or the withholding of the forfeiture under this subdivision (b)(2)(F) shall not exceed an amount equal to fifteen (15) days of base pay during any calendar month.

(i) A fine or a forfeiture in an amount that does not exceed thirty (30) days of the soldier's or airman's base pay.

(ii) The payment or collection of the fine or the withholding of the forfeiture under this subdivision (b)(2)(F) shall not exceed an amount equal to fifteen (15) days of base pay during any calendar month.

(c) However, except in the case where confinement has not been excluded as a punishment option, a member of the organized militia may not demand trial by court-martial in lieu of nonjudicial punishment.

(d) The Governor or commanding general may, by order or rule, place limitations on the powers granted by this subchapter with respect to the kind and amount of punishment authorized and the categories of commanding officers authorized to exercise those powers.

(e) An officer in charge of a detached unit or section may, for minor offenses, impose on officers, soldiers, or airmen assigned to the unit of which he or she is in charge the punishment authorized to be imposed by commanding officers as the Governor or commanding general may by order or rule specifically prescribe, as provided in subsections (a)-(d) of this section.

(f) Whenever nonjudicial punishment of forfeiture of an amount of base pay is imposed under this section, the forfeiture may apply to the base pay only and before any deduction, withholding, assignment, or forfeiture then due or becoming due on or after the date that punishment is imposed and to any pay accrued before that date.

Amended by Act 2019, No. 315,§ 952, eff. 7/24/2019.

Amended by Act 2015, No. 1003,§ 13, eff. 7/22/2015.

Acts 1969, No. 50, § 59; 1981, No. 656, § 1; 1985, No. 670, § 7; A.S.A. 1947, § 11-614; Acts 2007, No. 47, § 5.
Ark. Code Ann. § 12-51-204 — AR Code / Title 12 / Chapter 51 / Subchapter 2 / Section 12-51-204
Qualified immunity, defense, and indemnification
Status: in_force

(a) (1) The members, officers, executive director, and employees of the Interstate Commission for Adult Offender Supervision shall be immune from suit and liability, either personally or in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused or arising out of any actual or alleged act, error, or omission that occurred within the scope of interstate commission employment, duties, or responsibilities; provided, that nothing in this subdivision (a)(1) of this section shall be construed to protect any such person from suit and/or liability for any damage, loss, injury, or liability caused by the intentional or willful and wanton misconduct of any such person. (2) The interstate commission shall defend the commissioner of a compacting state, or his or her representatives or employees, or the interstate commission's representatives or employees, in any civil action seeking to impose liability, arising out of any actual or alleged act, error, or omission that occurred within the scope of interstate commission employment, duties, or responsibilities, or that the defendant had a reasonable basis for believing occurred within the scope of interstate commission employment, duties, or responsibilities; provided, that the actual or alleged act, error, or omission did not result from intentional wrongdoing on the part of such person. (b) The interstate commission shall indemnify and hold the commissioner of a compacting state, the appointed designee, or employees, or the interstate commission's representatives or employees, harmless in the amount of any settlement or judgment obtained against such persons arising out of any actual or alleged act, error, or omission that occurred within the scope of interstate commission employment, duties, or responsibilities, or that such persons had a reasonable basis for believing occurred within the scope of interstate commission employment, duties, or responsibilities; provided, that the actual or alleged act, error, or omission did not result from gross negligence or intentional wrongdoing on the part of such person. Acts 2001, No. 253, § 1.

(a) (1) The members, officers, executive director, and employees of the Interstate Commission for Adult Offender Supervision shall be immune from suit and liability, either personally or in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused or arising out of any actual or alleged act, error, or omission that occurred within the scope of interstate commission employment, duties, or responsibilities; provided, that nothing in this subdivision (a)(1) of this section shall be construed to protect any such person from suit and/or liability for any damage, loss, injury, or liability caused by the intentional or willful and wanton misconduct of any such person. (2) The interstate commission shall defend the commissioner of a compacting state, or his or her representatives or employees, or the interstate commission's representatives or employees, in any civil action seeking to impose liability, arising out of any actual or alleged act, error, or omission that occurred within the scope of interstate commission employment, duties, or responsibilities, or that the defendant had a reasonable basis for believing occurred within the scope of interstate commission employment, duties, or responsibilities; provided, that the actual or alleged act, error, or omission did not result from intentional wrongdoing on the part of such person.

(1) The members, officers, executive director, and employees of the Interstate Commission for Adult Offender Supervision shall be immune from suit and liability, either personally or in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused or arising out of any actual or alleged act, error, or omission that occurred within the scope of interstate commission employment, duties, or responsibilities; provided, that nothing in this subdivision (a)(1) of this section shall be construed to protect any such person from suit and/or liability for any damage, loss, injury, or liability caused by the intentional or willful and wanton misconduct of any such person.

(2) The interstate commission shall defend the commissioner of a compacting state, or his or her representatives or employees, or the interstate commission's representatives or employees, in any civil action seeking to impose liability, arising out of any actual or alleged act, error, or omission that occurred within the scope of interstate commission employment, duties, or responsibilities, or that the defendant had a reasonable basis for believing occurred within the scope of interstate commission employment, duties, or responsibilities; provided, that the actual or alleged act, error, or omission did not result from intentional wrongdoing on the part of such person.

(b) The interstate commission shall indemnify and hold the commissioner of a compacting state, the appointed designee, or employees, or the interstate commission's representatives or employees, harmless in the amount of any settlement or judgment obtained against such persons arising out of any actual or alleged act, error, or omission that occurred within the scope of interstate commission employment, duties, or responsibilities, or that such persons had a reasonable basis for believing occurred within the scope of interstate commission employment, duties, or responsibilities; provided, that the actual or alleged act, error, or omission did not result from gross negligence or intentional wrongdoing on the part of such person.

Acts 2001, No. 253, § 1.
Ark. Code Ann. § 12-9-107 — AR Code / Title 12 / Chapter 9 / Subchapter 1 / Section 12-9-107
Training programs
Status: in_force

(a) (1) For the purpose of this subchapter, the Division of Law Enforcement Standards and Training may cooperate with federal, state, and local law enforcement agencies in establishing and conducting instruction and training programs for law enforcement officers of this state, its counties, and municipalities. (2) Cooperation under subdivision (a)(1) of this section may include without limitation the use of any training facility, equipment, or personnel to conduct training or provide services for any law enforcement or public safety purpose. (b) The division shall establish and maintain police training programs through such agencies and institutions as the division may deem appropriate to carry out the intent of this subchapter. (c) The division shall work with each state agency and political subdivision that adheres to the selection and training standards established by the division to provide allowable tuition, living, and training expenses incurred by the officers in attendance at approved training programs. (d) (1) It is the intent of this subchapter that the expenses of attending the approved training programs established under subsection (c) of this section shall be furnished by the state through the division or any other manner that may be prescribed by the division, and no cost or charge shall be made to any local political subdivision for the actual cost of the training. (2) The state shall not be liable for the travel cost or any salary in connection with attending any training program. (3) The division may accept reimbursement from any public or private entity for the use of its training facilities, equipment, or personnel during the providing of services. (e) The expenses of attending training provided pursuant to a memorandum of understanding between the State of Arkansas and the United States Department of Justice or the United States Department of Homeland Security shall be paid in accordance with the provisions of § 12-8-104 . (f) The division shall administer the training and certification program for court security officers under the Arkansas Court Security Act, § 16-10-1001 et seq. (g) (1) Persons such as doctors, nurses, firefighters, first responders, or other medical personnel, persons engaged in homeland security, or persons otherwise engaged in assisting in the protection of public welfare and safety who are not law enforcement personnel may attend training or receive instruction at the invitation of the division. (2) The division may assess a fee on a person invited to attend training or receive instruction under this subsection to reimburse the division for costs associated with the training or instruction under this subsection. Amended by Act 2019, No. 910,§ 5813, eff. 7/1/2019. Amended by Act 2017, No. 497,§ 6, eff. 8/1/2017. Acts 1975, No. 452, § 9; A.S.A. 1947, § 42-1008; Acts 1997, No. 1203, § 4; 2005, No. 907, § 3; 2007, No. 576, § 2; 2011, No. 188, § 1.

(a) (1) For the purpose of this subchapter, the Division of Law Enforcement Standards and Training may cooperate with federal, state, and local law enforcement agencies in establishing and conducting instruction and training programs for law enforcement officers of this state, its counties, and municipalities. (2) Cooperation under subdivision (a)(1) of this section may include without limitation the use of any training facility, equipment, or personnel to conduct training or provide services for any law enforcement or public safety purpose.

(1) For the purpose of this subchapter, the Division of Law Enforcement Standards and Training may cooperate with federal, state, and local law enforcement agencies in establishing and conducting instruction and training programs for law enforcement officers of this state, its counties, and municipalities.

(2) Cooperation under subdivision (a)(1) of this section may include without limitation the use of any training facility, equipment, or personnel to conduct training or provide services for any law enforcement or public safety purpose.

(b) The division shall establish and maintain police training programs through such agencies and institutions as the division may deem appropriate to carry out the intent of this subchapter.

(c) The division shall work with each state agency and political subdivision that adheres to the selection and training standards established by the division to provide allowable tuition, living, and training expenses incurred by the officers in attendance at approved training programs.

(d) (1) It is the intent of this subchapter that the expenses of attending the approved training programs established under subsection (c) of this section shall be furnished by the state through the division or any other manner that may be prescribed by the division, and no cost or charge shall be made to any local political subdivision for the actual cost of the training. (2) The state shall not be liable for the travel cost or any salary in connection with attending any training program. (3) The division may accept reimbursement from any public or private entity for the use of its training facilities, equipment, or personnel during the providing of services.

(1) It is the intent of this subchapter that the expenses of attending the approved training programs established under subsection (c) of this section shall be furnished by the state through the division or any other manner that may be prescribed by the division, and no cost or charge shall be made to any local political subdivision for the actual cost of the training.

(2) The state shall not be liable for the travel cost or any salary in connection with attending any training program.

(3) The division may accept reimbursement from any public or private entity for the use of its training facilities, equipment, or personnel during the providing of services.

(e) The expenses of attending training provided pursuant to a memorandum of understanding between the State of Arkansas and the United States Department of Justice or the United States Department of Homeland Security shall be paid in accordance with the provisions of § 12-8-104 .

(f) The division shall administer the training and certification program for court security officers under the Arkansas Court Security Act, § 16-10-1001 et seq.

(g) (1) Persons such as doctors, nurses, firefighters, first responders, or other medical personnel, persons engaged in homeland security, or persons otherwise engaged in assisting in the protection of public welfare and safety who are not law enforcement personnel may attend training or receive instruction at the invitation of the division. (2) The division may assess a fee on a person invited to attend training or receive instruction under this subsection to reimburse the division for costs associated with the training or instruction under this subsection.

(1) Persons such as doctors, nurses, firefighters, first responders, or other medical personnel, persons engaged in homeland security, or persons otherwise engaged in assisting in the protection of public welfare and safety who are not law enforcement personnel may attend training or receive instruction at the invitation of the division.

(2) The division may assess a fee on a person invited to attend training or receive instruction under this subsection to reimburse the division for costs associated with the training or instruction under this subsection.

Amended by Act 2019, No. 910,§ 5813, eff. 7/1/2019.

Amended by Act 2017, No. 497,§ 6, eff. 8/1/2017.

Acts 1975, No. 452, § 9; A.S.A. 1947, § 42-1008; Acts 1997, No. 1203, § 4; 2005, No. 907, § 3; 2007, No. 576, § 2; 2011, No. 188, § 1.
Ark. Code Ann. § 12-8-119 — AR Code / Title 12 / Chapter 8 / Subchapter 1 / Section 12-8-119
Police training school
Status: in_force

(a) The Director of the Division of Arkansas State Police may establish, maintain, and conduct a police training school and may admit to the training school police officers and judicial officers of the various political subdivisions of the State of Arkansas. (b) The director may prescribe all rules necessary for the proper functioning and operating of the school. Amended by Act 2019, No. 315,§ 848, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 5777, eff. 7/1/2019. Acts 1945, No. 231, § 17; A.S.A. 1947, § 42-417.

(a) The Director of the Division of Arkansas State Police may establish, maintain, and conduct a police training school and may admit to the training school police officers and judicial officers of the various political subdivisions of the State of Arkansas.

(b) The director may prescribe all rules necessary for the proper functioning and operating of the school.

Amended by Act 2019, No. 315,§ 848, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 5777, eff. 7/1/2019.

Acts 1945, No. 231, § 17; A.S.A. 1947, § 42-417.
Ark. Code Ann. § 12-62-501 — AR Code / Title 12 / Chapter 62 / Subchapter 5 / Section 12-62-501
Legislative findings
Status: in_force

(a) The General Assembly recognizes that: (1) Modern warfare and the corresponding advancements in weapons require a higher level of intelligence and skill and, therefore, a better educated soldier. Minimum enlistment criteria are increasing with the passage of time and the advent of new technology; (2) While enlistment incentives have remained the same for Reserve forces, they have steadily declined or have been eliminated for the National Guard; (3) States surrounding Arkansas have increased incentives to National Guard members, including tuition exemptions and waivers of out-of-state tuition for qualified active National Guard members; (4) Other states have lost National Guard units but, because of Arkansas's historically high strength, the state has been selected to receive high-priority, high-strength units, actually increasing strength requirements for certain high-readiness units; (5) The combined effect of these factors has caused assigned personnel strength relative to authorized strength levels in the Arkansas National Guard to decline steadily since early 1994; and (6) As educational requirements increase, there are fewer enlistees who can qualify for critical specialties and as officer candidates. (b) The General Assembly further recognizes that: (1) In the absence of additional incentives, Arkansas's potential enlistees and current members will be attracted to active duty or to Reserve or National Guard units in surrounding states; (2) While tuition incentives may replace other incentives that have been eliminated and may encourage college-qualified persons to enlist and continue their education, a loan repayment program encourages personal responsibility and long-term commitment to pursuit of educational goals; (3) Utilizing a combined program of education loans and tuition incentives for new recruits and education loans for eligible existing members encourages a better-educated population while rewarding bright and responsible young persons for long-term community service in the National Guard; and (4) An incentive that is targeted as an educational loan repayment has the dual benefit of encouraging and assisting the pursuit of postsecondary education while making enlistment in the Arkansas National Guard more attractive. The program also brings Arkansas's incentives for enlistment more in parity with surrounding states. Acts 1995, No. 187, § 1; 1995, No. 265, § 1.

(a) The General Assembly recognizes that: (1) Modern warfare and the corresponding advancements in weapons require a higher level of intelligence and skill and, therefore, a better educated soldier. Minimum enlistment criteria are increasing with the passage of time and the advent of new technology; (2) While enlistment incentives have remained the same for Reserve forces, they have steadily declined or have been eliminated for the National Guard; (3) States surrounding Arkansas have increased incentives to National Guard members, including tuition exemptions and waivers of out-of-state tuition for qualified active National Guard members; (4) Other states have lost National Guard units but, because of Arkansas's historically high strength, the state has been selected to receive high-priority, high-strength units, actually increasing strength requirements for certain high-readiness units; (5) The combined effect of these factors has caused assigned personnel strength relative to authorized strength levels in the Arkansas National Guard to decline steadily since early 1994; and (6) As educational requirements increase, there are fewer enlistees who can qualify for critical specialties and as officer candidates.

(1) Modern warfare and the corresponding advancements in weapons require a higher level of intelligence and skill and, therefore, a better educated soldier. Minimum enlistment criteria are increasing with the passage of time and the advent of new technology;

(2) While enlistment incentives have remained the same for Reserve forces, they have steadily declined or have been eliminated for the National Guard;

(3) States surrounding Arkansas have increased incentives to National Guard members, including tuition exemptions and waivers of out-of-state tuition for qualified active National Guard members;

(4) Other states have lost National Guard units but, because of Arkansas's historically high strength, the state has been selected to receive high-priority, high-strength units, actually increasing strength requirements for certain high-readiness units;

(5) The combined effect of these factors has caused assigned personnel strength relative to authorized strength levels in the Arkansas National Guard to decline steadily since early 1994; and

(6) As educational requirements increase, there are fewer enlistees who can qualify for critical specialties and as officer candidates.

(b) The General Assembly further recognizes that: (1) In the absence of additional incentives, Arkansas's potential enlistees and current members will be attracted to active duty or to Reserve or National Guard units in surrounding states; (2) While tuition incentives may replace other incentives that have been eliminated and may encourage college-qualified persons to enlist and continue their education, a loan repayment program encourages personal responsibility and long-term commitment to pursuit of educational goals; (3) Utilizing a combined program of education loans and tuition incentives for new recruits and education loans for eligible existing members encourages a better-educated population while rewarding bright and responsible young persons for long-term community service in the National Guard; and (4) An incentive that is targeted as an educational loan repayment has the dual benefit of encouraging and assisting the pursuit of postsecondary education while making enlistment in the Arkansas National Guard more attractive. The program also brings Arkansas's incentives for enlistment more in parity with surrounding states.

(1) In the absence of additional incentives, Arkansas's potential enlistees and current members will be attracted to active duty or to Reserve or National Guard units in surrounding states;

(2) While tuition incentives may replace other incentives that have been eliminated and may encourage college-qualified persons to enlist and continue their education, a loan repayment program encourages personal responsibility and long-term commitment to pursuit of educational goals;

(3) Utilizing a combined program of education loans and tuition incentives for new recruits and education loans for eligible existing members encourages a better-educated population while rewarding bright and responsible young persons for long-term community service in the National Guard; and

(4) An incentive that is targeted as an educational loan repayment has the dual benefit of encouraging and assisting the pursuit of postsecondary education while making enlistment in the Arkansas National Guard more attractive. The program also brings Arkansas's incentives for enlistment more in parity with surrounding states.

Acts 1995, No. 187, § 1; 1995, No. 265, § 1.
Ark. Code Ann. § 12-18-614 — AR Code / Title 12 / Chapter 18 / Subchapter 6 / Section 12-18-614
Submission to a physical exam or other testing
Status: in_force

(a) An investigation under this chapter may include a physical examination, a drug test, radiology procedures, photographs, and a psychological or psychiatric examination of all children subject to the care, custody, or control of the alleged offender. (b) (1) If the report of child maltreatment or suspected child maltreatment alleges abuse as defined in § 12-18-103 , the alleged offender may: (A) (i) For the purpose of obtaining a second opinion, request that the alleged victim be examined by a licensed healthcare provider who: (a) Did not perform the initial examination, test, or procedure described under subsection (a) of this section; and (b) Routinely provides medical care to pediatric patients. (ii) An examination performed under subdivision (b)(1)(A)(i) of this section shall be paid for by the alleged offender or as otherwise covered by insurance or Medicaid; and (B) (i) For the purpose of ruling out a possible differential diagnosis, request that a licensed healthcare provider who routinely provides medical care to pediatric patients examine the alleged victim to determine whether or not the alleged victim has one (1) or more of the following medical conditions: (a) Rickets; (b) Ehlers-Danlos syndrome; (c) Osteogenesis imperfecta; (d) Vitamin D deficiency; or (e) Another medical condition that may: (1) Appear to be caused by suspected abuse as defined in § 12-18-103 ; or (2) Increase the risk of a misdiagnosis of abuse as defined in § 12-18-103 . (ii) An examination performed under subdivision (b)(1)(B)(i) of this section shall be paid for by the alleged offender or as otherwise covered by insurance or Medicaid. (2) A licensed healthcare provider examination under subdivision (b)(1) of this section shall not be requested for the purpose of obtaining a second opinion on whether or not an alleged victim has been a victim of sexual abuse. Amended by Act 2021, No. 976,§ 2, eff. 7/28/2021. Acts 2009, No. 749, § 1.

(a) An investigation under this chapter may include a physical examination, a drug test, radiology procedures, photographs, and a psychological or psychiatric examination of all children subject to the care, custody, or control of the alleged offender.

(b) (1) If the report of child maltreatment or suspected child maltreatment alleges abuse as defined in § 12-18-103 , the alleged offender may: (A) (i) For the purpose of obtaining a second opinion, request that the alleged victim be examined by a licensed healthcare provider who: (a) Did not perform the initial examination, test, or procedure described under subsection (a) of this section; and (b) Routinely provides medical care to pediatric patients. (ii) An examination performed under subdivision (b)(1)(A)(i) of this section shall be paid for by the alleged offender or as otherwise covered by insurance or Medicaid; and (B) (i) For the purpose of ruling out a possible differential diagnosis, request that a licensed healthcare provider who routinely provides medical care to pediatric patients examine the alleged victim to determine whether or not the alleged victim has one (1) or more of the following medical conditions: (a) Rickets; (b) Ehlers-Danlos syndrome; (c) Osteogenesis imperfecta; (d) Vitamin D deficiency; or (e) Another medical condition that may: (1) Appear to be caused by suspected abuse as defined in § 12-18-103 ; or (2) Increase the risk of a misdiagnosis of abuse as defined in § 12-18-103 . (ii) An examination performed under subdivision (b)(1)(B)(i) of this section shall be paid for by the alleged offender or as otherwise covered by insurance or Medicaid. (2) A licensed healthcare provider examination under subdivision (b)(1) of this section shall not be requested for the purpose of obtaining a second opinion on whether or not an alleged victim has been a victim of sexual abuse.

(1) If the report of child maltreatment or suspected child maltreatment alleges abuse as defined in § 12-18-103 , the alleged offender may: (A) (i) For the purpose of obtaining a second opinion, request that the alleged victim be examined by a licensed healthcare provider who: (a) Did not perform the initial examination, test, or procedure described under subsection (a) of this section; and (b) Routinely provides medical care to pediatric patients. (ii) An examination performed under subdivision (b)(1)(A)(i) of this section shall be paid for by the alleged offender or as otherwise covered by insurance or Medicaid; and (B) (i) For the purpose of ruling out a possible differential diagnosis, request that a licensed healthcare provider who routinely provides medical care to pediatric patients examine the alleged victim to determine whether or not the alleged victim has one (1) or more of the following medical conditions: (a) Rickets; (b) Ehlers-Danlos syndrome; (c) Osteogenesis imperfecta; (d) Vitamin D deficiency; or (e) Another medical condition that may: (1) Appear to be caused by suspected abuse as defined in § 12-18-103 ; or (2) Increase the risk of a misdiagnosis of abuse as defined in § 12-18-103 . (ii) An examination performed under subdivision (b)(1)(B)(i) of this section shall be paid for by the alleged offender or as otherwise covered by insurance or Medicaid.

(A) (i) For the purpose of obtaining a second opinion, request that the alleged victim be examined by a licensed healthcare provider who: (a) Did not perform the initial examination, test, or procedure described under subsection (a) of this section; and (b) Routinely provides medical care to pediatric patients. (ii) An examination performed under subdivision (b)(1)(A)(i) of this section shall be paid for by the alleged offender or as otherwise covered by insurance or Medicaid; and

(i) For the purpose of obtaining a second opinion, request that the alleged victim be examined by a licensed healthcare provider who: (a) Did not perform the initial examination, test, or procedure described under subsection (a) of this section; and (b) Routinely provides medical care to pediatric patients.

(a) Did not perform the initial examination, test, or procedure described under subsection (a) of this section; and

(b) Routinely provides medical care to pediatric patients.

(ii) An examination performed under subdivision (b)(1)(A)(i) of this section shall be paid for by the alleged offender or as otherwise covered by insurance or Medicaid; and

(B) (i) For the purpose of ruling out a possible differential diagnosis, request that a licensed healthcare provider who routinely provides medical care to pediatric patients examine the alleged victim to determine whether or not the alleged victim has one (1) or more of the following medical conditions: (a) Rickets; (b) Ehlers-Danlos syndrome; (c) Osteogenesis imperfecta; (d) Vitamin D deficiency; or (e) Another medical condition that may: (1) Appear to be caused by suspected abuse as defined in § 12-18-103 ; or (2) Increase the risk of a misdiagnosis of abuse as defined in § 12-18-103 . (ii) An examination performed under subdivision (b)(1)(B)(i) of this section shall be paid for by the alleged offender or as otherwise covered by insurance or Medicaid.

(i) For the purpose of ruling out a possible differential diagnosis, request that a licensed healthcare provider who routinely provides medical care to pediatric patients examine the alleged victim to determine whether or not the alleged victim has one (1) or more of the following medical conditions: (a) Rickets; (b) Ehlers-Danlos syndrome; (c) Osteogenesis imperfecta; (d) Vitamin D deficiency; or (e) Another medical condition that may: (1) Appear to be caused by suspected abuse as defined in § 12-18-103 ; or (2) Increase the risk of a misdiagnosis of abuse as defined in § 12-18-103 .

(a) Rickets;

(b) Ehlers-Danlos syndrome;

(c) Osteogenesis imperfecta;

(d) Vitamin D deficiency; or

(e) Another medical condition that may: (1) Appear to be caused by suspected abuse as defined in § 12-18-103 ; or (2) Increase the risk of a misdiagnosis of abuse as defined in § 12-18-103 .

(1) Appear to be caused by suspected abuse as defined in § 12-18-103 ; or

(2) Increase the risk of a misdiagnosis of abuse as defined in § 12-18-103 .

(ii) An examination performed under subdivision (b)(1)(B)(i) of this section shall be paid for by the alleged offender or as otherwise covered by insurance or Medicaid.

(2) A licensed healthcare provider examination under subdivision (b)(1) of this section shall not be requested for the purpose of obtaining a second opinion on whether or not an alleged victim has been a victim of sexual abuse.

Amended by Act 2021, No. 976,§ 2, eff. 7/28/2021.

Acts 2009, No. 749, § 1.
Ark. Code Ann. § 12-64-847 — AR Code / Title 12 / Chapter 64 / Subchapter 8 / Section 12-64-847
Use or possession of a controlled substance
Status: in_force

(a) As used in this section, "controlled substance" means: (1) Amphetamine; (2) Cocaine; (3) Heroin; (4) Lysergic acid diethylamide; (5) Marijuana; (6) Methamphetamine; (7) Opium; (8) Phencyclidine; (9) Barbituric acid, including phenobarbital and secobarbital; or (10) Any substance that is included in Schedules I-VI established by the Controlled Substances Act of 1970, 21 U.S.C. § 812 , or the Uniform Controlled Substances Act, § 5-64-101 et seq. (b) A person subject to this code who wrongfully uses, is under the influence of, or possesses a controlled substance shall be punished as a court-martial may direct. (c) A person subject to this code who wrongfully possesses the metabolites of a controlled substance in his or her blood or urine shall be punished as a court-martial may direct. Acts 2011, No. 820, § 1.

(a) As used in this section, "controlled substance" means: (1) Amphetamine; (2) Cocaine; (3) Heroin; (4) Lysergic acid diethylamide; (5) Marijuana; (6) Methamphetamine; (7) Opium; (8) Phencyclidine; (9) Barbituric acid, including phenobarbital and secobarbital; or (10) Any substance that is included in Schedules I-VI established by the Controlled Substances Act of 1970, 21 U.S.C. § 812 , or the Uniform Controlled Substances Act, § 5-64-101 et seq.

(1) Amphetamine;

(2) Cocaine;

(3) Heroin;

(4) Lysergic acid diethylamide;

(5) Marijuana;

(6) Methamphetamine;

(7) Opium;

(8) Phencyclidine;

(9) Barbituric acid, including phenobarbital and secobarbital; or

(10) Any substance that is included in Schedules I-VI established by the Controlled Substances Act of 1970, 21 U.S.C. § 812 , or the Uniform Controlled Substances Act, § 5-64-101 et seq.

(b) A person subject to this code who wrongfully uses, is under the influence of, or possesses a controlled substance shall be punished as a court-martial may direct.

(c) A person subject to this code who wrongfully possesses the metabolites of a controlled substance in his or her blood or urine shall be punished as a court-martial may direct.

Acts 2011, No. 820, § 1.
Ark. Code Ann. § 12-64-604 — AR Code / Title 12 / Chapter 64 / Subchapter 6 / Section 12-64-604
Effective date of sentences
Status: in_force

(a) (1) Whenever a sentence of a court-martial as lawfully adjudged and approved includes a forfeiture of pay or allowances in addition to confinement not suspended, the forfeiture may apply to pay or allowances becoming due on or after the date the sentence is approved by the convening authority. (2) No forfeiture may extend to any pay or allowance accrued before that date. (b) (1) Rules prescribed by the Governor may provide that sentences of confinement may not be effective or executed until approved by designated officers. (2) Periods during which confinement is suspended shall be excluded in computing the service of the term of confinement. (c) All other sentences of courts-martial are effective on the date ordered executed. Amended by Act 2019, No. 315,§ 958, eff. 7/24/2019. Amended by Act 2015, No. 1003,§ 24, eff. 7/22/2015. Acts 1969, No. 50, § 103; A.S.A. 1947, § 11-658.

(a) (1) Whenever a sentence of a court-martial as lawfully adjudged and approved includes a forfeiture of pay or allowances in addition to confinement not suspended, the forfeiture may apply to pay or allowances becoming due on or after the date the sentence is approved by the convening authority. (2) No forfeiture may extend to any pay or allowance accrued before that date.

(1) Whenever a sentence of a court-martial as lawfully adjudged and approved includes a forfeiture of pay or allowances in addition to confinement not suspended, the forfeiture may apply to pay or allowances becoming due on or after the date the sentence is approved by the convening authority.

(2) No forfeiture may extend to any pay or allowance accrued before that date.

(b) (1) Rules prescribed by the Governor may provide that sentences of confinement may not be effective or executed until approved by designated officers. (2) Periods during which confinement is suspended shall be excluded in computing the service of the term of confinement.

(1) Rules prescribed by the Governor may provide that sentences of confinement may not be effective or executed until approved by designated officers.

(2) Periods during which confinement is suspended shall be excluded in computing the service of the term of confinement.

(c) All other sentences of courts-martial are effective on the date ordered executed.

Amended by Act 2019, No. 315,§ 958, eff. 7/24/2019.

Amended by Act 2015, No. 1003,§ 24, eff. 7/22/2015.

Acts 1969, No. 50, § 103; A.S.A. 1947, § 11-658.
Ark. Code Ann. § 12-17-107 — AR Code / Title 12 / Chapter 17 / Section 12-17-107
Specific use of grant awards
Status: in_force

(a) Grant awards under this chapter shall be used specifically for: (1) Salaries; (2) Personal services matching; (3) Overtime; (4) Maintenance and general operations; (5) Evidentiary purchases of controlled substances or information; (6) Informant and witness compensation; (7) Rent; (8) Utilities; (9) Telecommunications; (10) Fuel; (11) Vehicle maintenance and repair; (12) In-state training; and (13) Travel expenses. (b) Each grant award shall specifically provide for accounting and fiscal officer services. (c) [Repealed.] Amended by Act 2023, No. 812,§ 2, eff. 8/1/2023. Acts 2007, No. 1086, § 1.

(a) Grant awards under this chapter shall be used specifically for: (1) Salaries; (2) Personal services matching; (3) Overtime; (4) Maintenance and general operations; (5) Evidentiary purchases of controlled substances or information; (6) Informant and witness compensation; (7) Rent; (8) Utilities; (9) Telecommunications; (10) Fuel; (11) Vehicle maintenance and repair; (12) In-state training; and (13) Travel expenses.

(1) Salaries;

(2) Personal services matching;

(3) Overtime;

(4) Maintenance and general operations;

(5) Evidentiary purchases of controlled substances or information;

(6) Informant and witness compensation;

(7) Rent;

(8) Utilities;

(9) Telecommunications;

(10) Fuel;

(11) Vehicle maintenance and repair;

(12) In-state training; and

(13) Travel expenses.

(b) Each grant award shall specifically provide for accounting and fiscal officer services.

(c) [Repealed.]

Amended by Act 2023, No. 812,§ 2, eff. 8/1/2023.

Acts 2007, No. 1086, § 1.
Ark. Code Ann. § 12-8-402 — AR Code / Title 12 / Chapter 8 / Subchapter 4 / Section 12-8-402
Definitions
Status: in_force

As used in this subchapter: (1) "Abusing police power" means exercising police power to enforce criminal and traffic laws for the principal purpose of raising revenue for an affected municipality and not for the purpose of public safety and welfare; (2) "Affected highway" means a highway that: (A) Is part of the state highway system; and (B) Has a decrease in the posted speed limit upon entering an affected municipality; (3) "Affected municipality" means a city of the first class, a city of the second class, or an incorporated town through which passes an affected highway; (4) "Enterprise fund" means a proprietary fund type used to report an activity for which a fee is charged to external users for goods or services; (5) "Fiduciary fund" means a fund type used to report assets held in a trustee or agency capacity and which cannot be used to support an affected municipality's own programs; and (6) (A) "Revenue" means moneys resulting from fines and costs from traffic offense citations written by or arrests made by an affected municipality's law enforcement agency, if the traffic offense is a: (i) Misdemeanor; (ii) Violation of state law; or (iii) Violation of a local ordinance. (B) "Revenue" does not include moneys: (i) Received by an affected municipality and remitted to another governmental entity; (ii) Resulting from ancillary actions related to the enforcement of a traffic offense, including failure to appear and failure to pay; (iii) Resulting from late fees assessed on any traffic offense citation; or (iv) Received from a traffic offense citation written by or an arrest made by a law enforcement officer who does not belong to the affected municipality's law enforcement agency as required under subdivision (6)(A) of this section, including without limitation a law enforcement officer who is a county sheriff, a constable, or employed by: (a) A county sheriff's office; (b) The Division of Arkansas State Police; or (c) The Arkansas Highway Police Division of the Arkansas Department of Transportation. Amended by Act 2023, No. 825,§ 2, eff. 8/1/2023. Amended by Act 2023, No. 825,§ 1, eff. 8/1/2023. Amended by Act 2023, No. 520,§ 1, eff. 8/1/2023. Amended by Act 2019, No. 364,§ 1, eff. 7/24/2019. Acts 1995, No. 855, § 2; 1997, No. 211, § 1.

As used in this subchapter:

(1) "Abusing police power" means exercising police power to enforce criminal and traffic laws for the principal purpose of raising revenue for an affected municipality and not for the purpose of public safety and welfare;

(2) "Affected highway" means a highway that: (A) Is part of the state highway system; and (B) Has a decrease in the posted speed limit upon entering an affected municipality;

(A) Is part of the state highway system; and

(B) Has a decrease in the posted speed limit upon entering an affected municipality;

(3) "Affected municipality" means a city of the first class, a city of the second class, or an incorporated town through which passes an affected highway;

(4) "Enterprise fund" means a proprietary fund type used to report an activity for which a fee is charged to external users for goods or services;

(5) "Fiduciary fund" means a fund type used to report assets held in a trustee or agency capacity and which cannot be used to support an affected municipality's own programs; and

(6) (A) "Revenue" means moneys resulting from fines and costs from traffic offense citations written by or arrests made by an affected municipality's law enforcement agency, if the traffic offense is a: (i) Misdemeanor; (ii) Violation of state law; or (iii) Violation of a local ordinance. (B) "Revenue" does not include moneys: (i) Received by an affected municipality and remitted to another governmental entity; (ii) Resulting from ancillary actions related to the enforcement of a traffic offense, including failure to appear and failure to pay; (iii) Resulting from late fees assessed on any traffic offense citation; or (iv) Received from a traffic offense citation written by or an arrest made by a law enforcement officer who does not belong to the affected municipality's law enforcement agency as required under subdivision (6)(A) of this section, including without limitation a law enforcement officer who is a county sheriff, a constable, or employed by: (a) A county sheriff's office; (b) The Division of Arkansas State Police; or (c) The Arkansas Highway Police Division of the Arkansas Department of Transportation.

(A) "Revenue" means moneys resulting from fines and costs from traffic offense citations written by or arrests made by an affected municipality's law enforcement agency, if the traffic offense is a: (i) Misdemeanor; (ii) Violation of state law; or (iii) Violation of a local ordinance.

(i) Misdemeanor;

(ii) Violation of state law; or

(iii) Violation of a local ordinance.

(B) "Revenue" does not include moneys: (i) Received by an affected municipality and remitted to another governmental entity; (ii) Resulting from ancillary actions related to the enforcement of a traffic offense, including failure to appear and failure to pay; (iii) Resulting from late fees assessed on any traffic offense citation; or (iv) Received from a traffic offense citation written by or an arrest made by a law enforcement officer who does not belong to the affected municipality's law enforcement agency as required under subdivision (6)(A) of this section, including without limitation a law enforcement officer who is a county sheriff, a constable, or employed by: (a) A county sheriff's office; (b) The Division of Arkansas State Police; or (c) The Arkansas Highway Police Division of the Arkansas Department of Transportation.

(i) Received by an affected municipality and remitted to another governmental entity;

(ii) Resulting from ancillary actions related to the enforcement of a traffic offense, including failure to appear and failure to pay;

(iii) Resulting from late fees assessed on any traffic offense citation; or

(iv) Received from a traffic offense citation written by or an arrest made by a law enforcement officer who does not belong to the affected municipality's law enforcement agency as required under subdivision (6)(A) of this section, including without limitation a law enforcement officer who is a county sheriff, a constable, or employed by: (a) A county sheriff's office; (b) The Division of Arkansas State Police; or (c) The Arkansas Highway Police Division of the Arkansas Department of Transportation.

(a) A county sheriff's office;

(b) The Division of Arkansas State Police; or

(c) The Arkansas Highway Police Division of the Arkansas Department of Transportation.

Amended by Act 2023, No. 825,§ 2, eff. 8/1/2023.

Amended by Act 2023, No. 825,§ 1, eff. 8/1/2023.

Amended by Act 2023, No. 520,§ 1, eff. 8/1/2023.

Amended by Act 2019, No. 364,§ 1, eff. 7/24/2019.

Acts 1995, No. 855, § 2; 1997, No. 211, § 1.
Ark. Code Ann. § 12-30-403 — AR Code / Title 12 / Chapter 30 / Subchapter 4 / Section 12-30-403
Rules generally
Status: in_force

The Board of Corrections and the Director of the Division of Correction will govern the administration of work-release programs with the promulgation of rules and procedures subject to the continuing review by the Governor, who shall have the right to revise and rescind any such rules and procedures. Amended by Act 2019, No. 315,§ 912, eff. 7/24/2019. Acts 1968 (1st Ex. Sess.), No. 50, § 9; 1971, No. 465, § 1; 1977, No. 482, § 5; 1981, No. 58, § 2; 1983, No. 440, § 1; 1983, No. 814, § 1; A.S.A. 1947, § 46-117.

The Board of Corrections and the Director of the Division of Correction will govern the administration of work-release programs with the promulgation of rules and procedures subject to the continuing review by the Governor, who shall have the right to revise and rescind any such rules and procedures.

Amended by Act 2019, No. 315,§ 912, eff. 7/24/2019.

Acts 1968 (1st Ex. Sess.), No. 50, § 9; 1971, No. 465, § 1; 1977, No. 482, § 5; 1981, No. 58, § 2; 1983, No. 440, § 1; 1983, No. 814, § 1; A.S.A. 1947, § 46-117.
Ark. Code Ann. § 12-28-601 — AR Code / Title 12 / Chapter 28 / Subchapter 6 / Section 12-28-601
Title
Status: in_force

This subchapter shall be known as the "Prison Overcrowding Emergency Powers Act". Acts 1987, No. 418, § 1.

This subchapter shall be known as the "Prison Overcrowding Emergency Powers Act".

Acts 1987, No. 418, § 1.
Ark. Code Ann. § 12-10-317 — AR Code / Title 12 / Chapter 10 / Subchapter 3 / Section 12-10-317
Public safety answering point - Operation - Rights, duties, liabilities, etc., of service providers
Status: in_force

(a) (1) Each service provider shall forward to any public safety answering point equipped for enhanced 911 service the telephone number and street address of any telephone used to place a 911 call. (2) Subscriber information provided in accordance with this subsection shall be used only for the purpose of responding to requests for emergency service response from public or private safety agencies, for the investigation of false or intentionally misleading reports of incidents requiring emergency service response, or for other lawful purposes. (3) A service provider, agents of a service provider, political subdivision, or officials or employees of a political subdivision are not liable to any person who uses the enhanced 911 service established under this subchapter for release of the information specified in this section or for failure of equipment or procedure in connection with enhanced 911 service or basic 911 service. (b) (1) The public safety answering point and dispatch center shall be notified in advance by an authorized service provider representative of any routine maintenance work to be performed that may affect the 911 system's reliability or capacity. (2) The work shall be performed during the public safety answering point's off-peak hours. Amended by Act 2019, No. 660,§ 3, eff. 7/24/2019. Acts 1985, No. 683, § 7; A.S.A. 1947, § 73-1828.

(a) (1) Each service provider shall forward to any public safety answering point equipped for enhanced 911 service the telephone number and street address of any telephone used to place a 911 call. (2) Subscriber information provided in accordance with this subsection shall be used only for the purpose of responding to requests for emergency service response from public or private safety agencies, for the investigation of false or intentionally misleading reports of incidents requiring emergency service response, or for other lawful purposes. (3) A service provider, agents of a service provider, political subdivision, or officials or employees of a political subdivision are not liable to any person who uses the enhanced 911 service established under this subchapter for release of the information specified in this section or for failure of equipment or procedure in connection with enhanced 911 service or basic 911 service.

(1) Each service provider shall forward to any public safety answering point equipped for enhanced 911 service the telephone number and street address of any telephone used to place a 911 call.

(2) Subscriber information provided in accordance with this subsection shall be used only for the purpose of responding to requests for emergency service response from public or private safety agencies, for the investigation of false or intentionally misleading reports of incidents requiring emergency service response, or for other lawful purposes.

(3) A service provider, agents of a service provider, political subdivision, or officials or employees of a political subdivision are not liable to any person who uses the enhanced 911 service established under this subchapter for release of the information specified in this section or for failure of equipment or procedure in connection with enhanced 911 service or basic 911 service.

(b) (1) The public safety answering point and dispatch center shall be notified in advance by an authorized service provider representative of any routine maintenance work to be performed that may affect the 911 system's reliability or capacity. (2) The work shall be performed during the public safety answering point's off-peak hours.

(1) The public safety answering point and dispatch center shall be notified in advance by an authorized service provider representative of any routine maintenance work to be performed that may affect the 911 system's reliability or capacity.

(2) The work shall be performed during the public safety answering point's off-peak hours.

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. § 12-64-508 — AR Code / Title 12 / Chapter 64 / Subchapter 5 / Section 12-64-508
Procedural rules
Status: in_force

The procedures used by general, special, and summary courts-martial shall be similar to those established by the United States Congress for similar courts of the United States Army and United States Air Force; however, the Governor has executive authority over the military courts of the organized militia and may implement state-specific procedural rules when necessary and practical. Amended by Act 2019, No. 211,§ 16, eff. 2/26/2019. Amended by Act 2017, No. 75,§ 1, eff. 8/1/2017. Amended by Act 2015, No. 1003,§ 19, eff. 7/22/2015. Acts 1969, No. 50, § 82; A.S.A. 1947, § 11-637.

The procedures used by general, special, and summary courts-martial shall be similar to those established by the United States Congress for similar courts of the United States Army and United States Air Force; however, the Governor has executive authority over the military courts of the organized militia and may implement state-specific procedural rules when necessary and practical.

Amended by Act 2019, No. 211,§ 16, eff. 2/26/2019.

Amended by Act 2017, No. 75,§ 1, eff. 8/1/2017.

Amended by Act 2015, No. 1003,§ 19, eff. 7/22/2015.

Acts 1969, No. 50, § 82; A.S.A. 1947, § 11-637.
Ark. Code Ann. § 12-12-202 — AR Code / Title 12 / Chapter 12 / Subchapter 2 / Section 12-12-202
Supervisory board - Members - Meetings
Status: in_force

(a) There is created a Supervisory Board for the Arkansas Crime Information Center. (b) The board shall consist of fourteen (14) members: (1) The Attorney General or one (1) of his or her assistants; (2) The Chief Justice of the Supreme Court or his or her designated agent; (3) A member designated by the Arkansas Prosecuting Attorneys Association; (4) A member designated by the Arkansas Sheriffs' Association; (5) A member designated by the Arkansas Association of Municipal Judges; (6) A member designated by the President of the Arkansas Bar Association who is regularly engaged in criminal defense work; (7) Two (2) citizens of the State of Arkansas, to be appointed by the Governor; (8) A member designated by the Arkansas Municipal Police Association; (9) The Director of the Division of Correction or his or her designated agent; (10) A member designated by the Arkansas Association of Chiefs of Police; (11) A member designated by the Association of Arkansas Counties; (12) The Director of the Division of Arkansas State Police or his or her designated agent; and (13) The Governor or a member of the Governor's staff designated by the Governor. (c) No member shall continue to serve on the board when the member no longer officially represents the function for which the member was appointed, except the citizens appointed by the Governor, who shall serve for a period of four (4) years. (d) The board, for cause, may remove any board member and shall notify the Governor of the removal and the reason therefor. (e) (1) The members of the board may receive expense reimbursement and stipends in accordance with § 25-16-901 et seq. (2) The board members shall receive no other compensation, expense reimbursement, or in-lieu-of payments except as provided in this subsection. (f) The board shall meet at such times and places as it shall deem appropriate. (g) A majority of the board shall constitute a quorum for transacting any business of the board. Amended by Act 2019, No. 910,§ 5842, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 5841, eff. 7/1/2019. Acts 1971, No. 286, §§ 3-5; 1975, No. 742, §§ 3-5; 1977, No. 542, § 1; A.S.A. 1947, §§ 5-1103 -- 5-1105; Acts 1995, No. 1214, § 1; 1997, No. 250, § 66; 1997, No. 1354, § 30; 2001, No. 1288, §§ 3, 4.

(a) There is created a Supervisory Board for the Arkansas Crime Information Center.

(b) The board shall consist of fourteen (14) members: (1) The Attorney General or one (1) of his or her assistants; (2) The Chief Justice of the Supreme Court or his or her designated agent; (3) A member designated by the Arkansas Prosecuting Attorneys Association; (4) A member designated by the Arkansas Sheriffs' Association; (5) A member designated by the Arkansas Association of Municipal Judges; (6) A member designated by the President of the Arkansas Bar Association who is regularly engaged in criminal defense work; (7) Two (2) citizens of the State of Arkansas, to be appointed by the Governor; (8) A member designated by the Arkansas Municipal Police Association; (9) The Director of the Division of Correction or his or her designated agent; (10) A member designated by the Arkansas Association of Chiefs of Police; (11) A member designated by the Association of Arkansas Counties; (12) The Director of the Division of Arkansas State Police or his or her designated agent; and (13) The Governor or a member of the Governor's staff designated by the Governor.

(1) The Attorney General or one (1) of his or her assistants;

(2) The Chief Justice of the Supreme Court or his or her designated agent;

(3) A member designated by the Arkansas Prosecuting Attorneys Association;

(4) A member designated by the Arkansas Sheriffs' Association;

(5) A member designated by the Arkansas Association of Municipal Judges;

(6) A member designated by the President of the Arkansas Bar Association who is regularly engaged in criminal defense work;

(7) Two (2) citizens of the State of Arkansas, to be appointed by the Governor;

(8) A member designated by the Arkansas Municipal Police Association;

(9) The Director of the Division of Correction or his or her designated agent;

(10) A member designated by the Arkansas Association of Chiefs of Police;

(11) A member designated by the Association of Arkansas Counties;

(12) The Director of the Division of Arkansas State Police or his or her designated agent; and

(13) The Governor or a member of the Governor's staff designated by the Governor.

(c) No member shall continue to serve on the board when the member no longer officially represents the function for which the member was appointed, except the citizens appointed by the Governor, who shall serve for a period of four (4) years.

(d) The board, for cause, may remove any board member and shall notify the Governor of the removal and the reason therefor.

(e) (1) The members of the board may receive expense reimbursement and stipends in accordance with § 25-16-901 et seq. (2) The board members shall receive no other compensation, expense reimbursement, or in-lieu-of payments except as provided in this subsection.

(1) The members of the board may receive expense reimbursement and stipends in accordance with § 25-16-901 et seq.

(2) The board members shall receive no other compensation, expense reimbursement, or in-lieu-of payments except as provided in this subsection.

(f) The board shall meet at such times and places as it shall deem appropriate.

(g) A majority of the board shall constitute a quorum for transacting any business of the board.

Amended by Act 2019, No. 910,§ 5842, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 5841, eff. 7/1/2019.

Acts 1971, No. 286, §§ 3-5; 1975, No. 742, §§ 3-5; 1977, No. 542, § 1; A.S.A. 1947, §§ 5-1103 -- 5-1105; Acts 1995, No. 1214, § 1; 1997, No. 250, § 66; 1997, No. 1354, § 30; 2001, No. 1288, §§ 3, 4.
Ark. Code Ann. § 12-29-103 — AR Code / Title 12 / Chapter 29 / Subchapter 1 / Section 12-29-103
Discipline
Status: in_force

(a) The Director of the Division of Correction or the Director of the Division of Community Correction shall prescribe, with the approval of the Board of Corrections, rules for the maintenance of good order and discipline in the facilities and institutions of the Division of Correction and the Division of Community Correction, respectively, including proceedings for dealing with violations. (b) (1) These rules shall require that inmates found guilty of damaging or destroying state property shall be ordered to pay restitution. (2) This restitution shall be collected by levying against the inmate's institutional account. The levy against the inmate's institutional account shall continue until the estimated damage to state property has been fully paid or until the inmate is released from incarceration, whichever occurs first. (c) (1) In case of riot or other violent conduct or behavior on the part of any inmate or group of inmates, the Director of the Division of Correction may take such steps as are necessary, including the use of force and arms as necessary, to restore discipline and order. (2) The Director of the Division of Correction may seek the assistance of the Division of Arkansas State Police, the National Guard, and local and federal law enforcement agencies in preserving order whenever the circumstances justify. (d) The Director of the Division of Correction shall provide for a record of charges of infractions by inmates, including any punishment imposed, and shall also keep a record of all medical inspections made. Amended by Act 2019, No. 315,§ 892, eff. 7/24/2019. Acts 1968 (1st Ex. Sess.), No. 50, § 10; 1983, No. 790, § 1; A.S.A. 1947, § 46-118; Acts 2009, No. 366, § 1.

(a) The Director of the Division of Correction or the Director of the Division of Community Correction shall prescribe, with the approval of the Board of Corrections, rules for the maintenance of good order and discipline in the facilities and institutions of the Division of Correction and the Division of Community Correction, respectively, including proceedings for dealing with violations.

(b) (1) These rules shall require that inmates found guilty of damaging or destroying state property shall be ordered to pay restitution. (2) This restitution shall be collected by levying against the inmate's institutional account. The levy against the inmate's institutional account shall continue until the estimated damage to state property has been fully paid or until the inmate is released from incarceration, whichever occurs first.

(1) These rules shall require that inmates found guilty of damaging or destroying state property shall be ordered to pay restitution.

(2) This restitution shall be collected by levying against the inmate's institutional account. The levy against the inmate's institutional account shall continue until the estimated damage to state property has been fully paid or until the inmate is released from incarceration, whichever occurs first.

(c) (1) In case of riot or other violent conduct or behavior on the part of any inmate or group of inmates, the Director of the Division of Correction may take such steps as are necessary, including the use of force and arms as necessary, to restore discipline and order. (2) The Director of the Division of Correction may seek the assistance of the Division of Arkansas State Police, the National Guard, and local and federal law enforcement agencies in preserving order whenever the circumstances justify.

(1) In case of riot or other violent conduct or behavior on the part of any inmate or group of inmates, the Director of the Division of Correction may take such steps as are necessary, including the use of force and arms as necessary, to restore discipline and order.

(2) The Director of the Division of Correction may seek the assistance of the Division of Arkansas State Police, the National Guard, and local and federal law enforcement agencies in preserving order whenever the circumstances justify.

(d) The Director of the Division of Correction shall provide for a record of charges of infractions by inmates, including any punishment imposed, and shall also keep a record of all medical inspections made.

Amended by Act 2019, No. 315,§ 892, eff. 7/24/2019.

Acts 1968 (1st Ex. Sess.), No. 50, § 10; 1983, No. 790, § 1; A.S.A. 1947, § 46-118; Acts 2009, No. 366, § 1.
Ark. Code Ann. § 12-64-815 — AR Code / Title 12 / Chapter 64 / Subchapter 8 / Section 12-64-815
Assaulting or willfully disobeying superior commissioned officer
Status: in_force

Any person subject to this code shall be punished as a court-martial may direct if he or she: (1) Strikes his or her superior commissioned officer or draws or lifts up any weapon or offers any violence against him or her while he or she is in the execution of his or her office; or (2) Willfully disobeys a lawful command of his or her superior commissioned officer. Acts 1969, No. 50, § 133; 1983, No. 412, § 2; 1985, No. 670, § 9; A.S.A. 1947, § 11-715.

Any person subject to this code shall be punished as a court-martial may direct if he or she:

(1) Strikes his or her superior commissioned officer or draws or lifts up any weapon or offers any violence against him or her while he or she is in the execution of his or her office; or

(2) Willfully disobeys a lawful command of his or her superior commissioned officer.

Acts 1969, No. 50, § 133; 1983, No. 412, § 2; 1985, No. 670, § 9; A.S.A. 1947, § 11-715.
Ark. Code Ann. § 12-15-203 — AR Code / Title 12 / Chapter 15 / Subchapter 2 / Section 12-15-203
Eligibility to carry concealed handgun - Employee of a local detention facility
Status: in_force

An employee of a local detention facility may carry a concealed handgun at any time if the employee of a local detention facility: (1) Is presently employed by a local detention facility; (2) Is not subject to any disciplinary action that suspends his or her authority as an employee of a local detention facility; (3) Is carrying a badge or appropriate written photographic identification issued by the local detention facility identifying him or her as an employee of a local detention facility; (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. Added by Act 2023, No. 176,§ 5, eff. 8/1/2023.

An employee of a local detention facility may carry a concealed handgun at any time if the employee of a local detention facility:

(1) Is presently employed by a local detention facility;

(2) Is not subject to any disciplinary action that suspends his or her authority as an employee of a local detention facility;

(3) Is carrying a badge or appropriate written photographic identification issued by the local detention facility identifying him or her as an employee of a local detention facility;

(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.

Added by Act 2023, No. 176,§ 5, eff. 8/1/2023.
Ark. Code Ann. § 12-80-105 — AR Code / Title 12 / Chapter 80 / Section 12-80-105
Exemptions
Status: in_force

(a) Certain building types shall not be included in the requirements of this chapter, such as: (1) Single family residential; (2) Duplexes; (3) Triplexes; (4) Fourplexes; (5) Agricultural structures; and (6) The following wood frame, metal, or both, construction business occupancies of four thousand square feet (4,000 sq. ft.) or less: (A) Business occupancy of less than forty (40); (B) Mercantile occupancy with a load less than one hundred (100); and (C) Storage. (b) (1) The park and recreational facilities of the State of Arkansas, any of its agencies or departments, or any city, town, or county government or any school district shall not be included in the requirements of this chapter. (2) As used in this subsection, "park and recreational facilities" shall mean any facilities which are generally open structures and have three (3) or fewer sides and are used for athletics, recreation, relaxation, entertainment, cultural development, and other recreational activities, including, without limitation, park pavilions, amphitheaters, covered stage areas, camping centers, tennis courts, golf course shelters, athletic fields, baseball fields and dugouts, and various other similar park and recreational facilities. Acts 1991, No. 1100, § 5; 1995, No. 520, § 1; 1997, No. 1228, § 1; 1999, No. 1485, § 4.

(a) Certain building types shall not be included in the requirements of this chapter, such as: (1) Single family residential; (2) Duplexes; (3) Triplexes; (4) Fourplexes; (5) Agricultural structures; and (6) The following wood frame, metal, or both, construction business occupancies of four thousand square feet (4,000 sq. ft.) or less: (A) Business occupancy of less than forty (40); (B) Mercantile occupancy with a load less than one hundred (100); and (C) Storage.

(1) Single family residential;

(2) Duplexes;

(3) Triplexes;

(4) Fourplexes;

(5) Agricultural structures; and

(6) The following wood frame, metal, or both, construction business occupancies of four thousand square feet (4,000 sq. ft.) or less: (A) Business occupancy of less than forty (40); (B) Mercantile occupancy with a load less than one hundred (100); and (C) Storage.

(A) Business occupancy of less than forty (40);

(B) Mercantile occupancy with a load less than one hundred (100); and

(C) Storage.

(b) (1) The park and recreational facilities of the State of Arkansas, any of its agencies or departments, or any city, town, or county government or any school district shall not be included in the requirements of this chapter. (2) As used in this subsection, "park and recreational facilities" shall mean any facilities which are generally open structures and have three (3) or fewer sides and are used for athletics, recreation, relaxation, entertainment, cultural development, and other recreational activities, including, without limitation, park pavilions, amphitheaters, covered stage areas, camping centers, tennis courts, golf course shelters, athletic fields, baseball fields and dugouts, and various other similar park and recreational facilities.

(1) The park and recreational facilities of the State of Arkansas, any of its agencies or departments, or any city, town, or county government or any school district shall not be included in the requirements of this chapter.

(2) As used in this subsection, "park and recreational facilities" shall mean any facilities which are generally open structures and have three (3) or fewer sides and are used for athletics, recreation, relaxation, entertainment, cultural development, and other recreational activities, including, without limitation, park pavilions, amphitheaters, covered stage areas, camping centers, tennis courts, golf course shelters, athletic fields, baseball fields and dugouts, and various other similar park and recreational facilities.

Acts 1991, No. 1100, § 5; 1995, No. 520, § 1; 1997, No. 1228, § 1; 1999, No. 1485, § 4.
Ark. Code Ann. § 12-12-901 — AR Code / Title 12 / Chapter 12 / Subchapter 9 / Section 12-12-901
Title
Status: in_force

This subchapter shall be known and may be cited as the "Sex Offender Registration Act of 1997". Acts 1997, No. 989, § 1; 2001, No. 1743, § 1.

This subchapter shall be known and may be cited as the "Sex Offender Registration Act of 1997".

Acts 1997, No. 989, § 1; 2001, No. 1743, § 1.
Ark. Code Ann. § 12-49-301 — AR Code / Title 12 / Chapter 49 / Subchapter 3 / Section 12-49-301
Text of Bi-State Criminal Justice Center Compact
Status: in_force

Click here to view form. The State of Arkansas hereby relinquishes exclusive jurisdiction over the portion of the plant and facility of the Bi-State Criminal Justice Center which is located within the geographical boundary of the said state. Click here to view form. The State of Texas hereby relinquishes exclusive jurisdiction over the portion of the plant and facility of the Bi-State Criminal Justice Center which is located within the geographical boundary of the said state. Click here to view form. The States of Arkansas and Texas hereby recognize the existence of concurrent jurisdiction over the geographical areas of both states which are within the Bi-State Criminal Justice Center. Click here to view form. The State of Arkansas recognizes that an inmate apprehended and charged in Texas maintains a jurisdictional situs (with Texas) within his person and extending to objects under his control, while incarcerated in the Bi-State facility. Click here to view form. The State of Texas recognizes that an inmate apprehended and charged in Arkansas maintains a jurisdictional situs (with Arkansas) within his person and extending to objects under his control, while incarcerated in the Bi-State facility. Click here to view form. The States of Arkansas and Texas mutually agree to refrain from taking custody of any inmate, for an offense committed prior to incarceration in the Bi-State facility, while that inmate is in custody of the other state, except through proper extraditionary proceedings. Click here to view form. The States of Arkansas and Texas mutually agree to refrain from serving any inmate of the Bi-State facility in the custody of the other state, with civil process relating to a suit arising before incarceration, except in accordance with proper civil procedure statutes. Click here to view form. The State of Arkansas grants use of its facility to the State of Texas for the purposes of establishing the venue of Bowie County within the concurrent jurisdiction of the facility in courtrooms situated geographically on the Arkansas side. Click here to view form. The State of Texas grants use of its facility to the State of Arkansas for the purpose of establishing the venue of Miller County within the concurrent jurisdiction of the facility in courtrooms situated geographically on the Texas side. Click here to view form. This Compact shall come into force and become effective and binding upon the states when it has been enacted into law by both states. Acts 1979, No. 19, §§ 1-10; A.S.A. 1947, § 46-1501.

Click here to view form.

The State of Arkansas hereby relinquishes exclusive jurisdiction over the portion of the plant and facility of the Bi-State Criminal Justice Center which is located within the geographical boundary of the said state.

Click here to view form.

The State of Texas hereby relinquishes exclusive jurisdiction over the portion of the plant and facility of the Bi-State Criminal Justice Center which is located within the geographical boundary of the said state.

Click here to view form.

The States of Arkansas and Texas hereby recognize the existence of concurrent jurisdiction over the geographical areas of both states which are within the Bi-State Criminal Justice Center.

Click here to view form.

The State of Arkansas recognizes that an inmate apprehended and charged in Texas maintains a jurisdictional situs (with Texas) within his person and extending to objects under his control, while incarcerated in the Bi-State facility.

Click here to view form.

The State of Texas recognizes that an inmate apprehended and charged in Arkansas maintains a jurisdictional situs (with Arkansas) within his person and extending to objects under his control, while incarcerated in the Bi-State facility.

Click here to view form.

The States of Arkansas and Texas mutually agree to refrain from taking custody of any inmate, for an offense committed prior to incarceration in the Bi-State facility, while that inmate is in custody of the other state, except through proper extraditionary proceedings.

Click here to view form.

The States of Arkansas and Texas mutually agree to refrain from serving any inmate of the Bi-State facility in the custody of the other state, with civil process relating to a suit arising before incarceration, except in accordance with proper civil procedure statutes.

Click here to view form.

The State of Arkansas grants use of its facility to the State of Texas for the purposes of establishing the venue of Bowie County within the concurrent jurisdiction of the facility in courtrooms situated geographically on the Arkansas side.

Click here to view form.

The State of Texas grants use of its facility to the State of Arkansas for the purpose of establishing the venue of Miller County within the concurrent jurisdiction of the facility in courtrooms situated geographically on the Texas side.

Click here to view form.

This Compact shall come into force and become effective and binding upon the states when it has been enacted into law by both states.

Acts 1979, No. 19, §§ 1-10; A.S.A. 1947, § 46-1501.

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Ark. Code Ann. § 12-63-203 — AR Code / Title 12 / Chapter 63 / Subchapter 2 / Section 12-63-203
Police officers - Powers and duties
Status: in_force

(a) (1) Except to the extent otherwise limited by the Adjutant General, a police officer appointed under this subchapter shall: (A) Protect property; (B) Preserve and maintain proper order and decorum; (C) Prevent unlawful assemblies and disorderly conduct; (D) Exclude and eject persons detrimental to the well-being of the military reservation; (E) Prevent trespasses; and (F) Regulate the operation and parking of motor vehicles upon and in all of the grounds, buildings, improvements, streets, alleys, and sidewalks of the military reservation. (2) All of the duties of police officers listed in subdivision (a)(1) of this section apply equally on other real property that has all of the following characteristics: (A) Adjoins a military reservation; (B) Is owned, leased, or otherwise under the legal control of an instrumentality of the United States or an instrumentality of the State of Arkansas; and (C) Is real property upon which the Adjutant General has undertaken to provide police or security services. (b) (1) The police officer may exercise police supervision on the following: (A) Military reservations; (B) Other real property that: (i) Adjoins a military reservation; (ii) Is owned, leased, or otherwise under the legal control of an instrumentality of the United States or an instrumentality of the State of Arkansas; and (iii) Is real property upon which the Adjutant General has undertaken to provide police or security services. (2) As a peace officer, the police officer may: (A) Arrest, with or without warrant, any person upon or in the areas described in this subsection who is or is reasonably believed to be committing offense against any law of the State of Arkansas on the military reservation; and (B) Deliver that person before any court of competent jurisdiction to be dealt with according to law. (3) The police officer may summon a posse comitatus, if necessary. Acts 1979, No. 895, § 2; 1983, No. 852, § 2; A.S.A. 1947, § 11-1813; Acts 2003, No. 1355, § 2.

(a) (1) Except to the extent otherwise limited by the Adjutant General, a police officer appointed under this subchapter shall: (A) Protect property; (B) Preserve and maintain proper order and decorum; (C) Prevent unlawful assemblies and disorderly conduct; (D) Exclude and eject persons detrimental to the well-being of the military reservation; (E) Prevent trespasses; and (F) Regulate the operation and parking of motor vehicles upon and in all of the grounds, buildings, improvements, streets, alleys, and sidewalks of the military reservation. (2) All of the duties of police officers listed in subdivision (a)(1) of this section apply equally on other real property that has all of the following characteristics: (A) Adjoins a military reservation; (B) Is owned, leased, or otherwise under the legal control of an instrumentality of the United States or an instrumentality of the State of Arkansas; and (C) Is real property upon which the Adjutant General has undertaken to provide police or security services.

(1) Except to the extent otherwise limited by the Adjutant General, a police officer appointed under this subchapter shall: (A) Protect property; (B) Preserve and maintain proper order and decorum; (C) Prevent unlawful assemblies and disorderly conduct; (D) Exclude and eject persons detrimental to the well-being of the military reservation; (E) Prevent trespasses; and (F) Regulate the operation and parking of motor vehicles upon and in all of the grounds, buildings, improvements, streets, alleys, and sidewalks of the military reservation.

(A) Protect property;

(B) Preserve and maintain proper order and decorum;

(C) Prevent unlawful assemblies and disorderly conduct;

(D) Exclude and eject persons detrimental to the well-being of the military reservation;

(E) Prevent trespasses; and

(F) Regulate the operation and parking of motor vehicles upon and in all of the grounds, buildings, improvements, streets, alleys, and sidewalks of the military reservation.

(2) All of the duties of police officers listed in subdivision (a)(1) of this section apply equally on other real property that has all of the following characteristics: (A) Adjoins a military reservation; (B) Is owned, leased, or otherwise under the legal control of an instrumentality of the United States or an instrumentality of the State of Arkansas; and (C) Is real property upon which the Adjutant General has undertaken to provide police or security services.

(A) Adjoins a military reservation;

(B) Is owned, leased, or otherwise under the legal control of an instrumentality of the United States or an instrumentality of the State of Arkansas; and

(C) Is real property upon which the Adjutant General has undertaken to provide police or security services.

(b) (1) The police officer may exercise police supervision on the following: (A) Military reservations; (B) Other real property that: (i) Adjoins a military reservation; (ii) Is owned, leased, or otherwise under the legal control of an instrumentality of the United States or an instrumentality of the State of Arkansas; and (iii) Is real property upon which the Adjutant General has undertaken to provide police or security services. (2) As a peace officer, the police officer may: (A) Arrest, with or without warrant, any person upon or in the areas described in this subsection who is or is reasonably believed to be committing offense against any law of the State of Arkansas on the military reservation; and (B) Deliver that person before any court of competent jurisdiction to be dealt with according to law. (3) The police officer may summon a posse comitatus, if necessary.

(1) The police officer may exercise police supervision on the following: (A) Military reservations; (B) Other real property that: (i) Adjoins a military reservation; (ii) Is owned, leased, or otherwise under the legal control of an instrumentality of the United States or an instrumentality of the State of Arkansas; and (iii) Is real property upon which the Adjutant General has undertaken to provide police or security services.

(A) Military reservations;

(B) Other real property that: (i) Adjoins a military reservation; (ii) Is owned, leased, or otherwise under the legal control of an instrumentality of the United States or an instrumentality of the State of Arkansas; and (iii) Is real property upon which the Adjutant General has undertaken to provide police or security services.

(i) Adjoins a military reservation;

(ii) Is owned, leased, or otherwise under the legal control of an instrumentality of the United States or an instrumentality of the State of Arkansas; and

(iii) Is real property upon which the Adjutant General has undertaken to provide police or security services.

(2) As a peace officer, the police officer may: (A) Arrest, with or without warrant, any person upon or in the areas described in this subsection who is or is reasonably believed to be committing offense against any law of the State of Arkansas on the military reservation; and (B) Deliver that person before any court of competent jurisdiction to be dealt with according to law.

(A) Arrest, with or without warrant, any person upon or in the areas described in this subsection who is or is reasonably believed to be committing offense against any law of the State of Arkansas on the military reservation; and

(B) Deliver that person before any court of competent jurisdiction to be dealt with according to law.

(3) The police officer may summon a posse comitatus, if necessary.

Acts 1979, No. 895, § 2; 1983, No. 852, § 2; A.S.A. 1947, § 11-1813; Acts 2003, No. 1355, § 2.
Ark. Code Ann. § 12-64-709 — AR Code / Title 12 / Chapter 64 / Subchapter 7 / Section 12-64-709
Vacation of suspension of sentence
Status: in_force

(a) (1) Before the vacation of the suspension of a special court-martial sentence which as approved includes a bad-conduct discharge, or of any general court-martial sentence, the officer having special court-martial jurisdiction over the probationer shall hold a hearing on the alleged violation of probation. (2) The probationer shall be represented at the hearing by counsel if he or she so desires. (3) The record of the hearing and the recommendation of the officer having special court-martial jurisdiction shall be sent for action to the Governor in cases involving a general court-martial sentence and to the commanding officer of the force of the organized militia of which the probationer is a member in all other cases covered by subsection (a) of this section. (4) If the Governor or commanding officer vacates the suspension, any unexecuted part of the sentence except a dismissal shall be executed. (b) The suspension of any other sentence may be vacated by any authority competent to convene, for the command in which the accused is serving or assigned, a court of the kind that imposed the sentence. Acts 1969, No. 50, § 114; A.S.A. 1947, § 11-669.

(a) (1) Before the vacation of the suspension of a special court-martial sentence which as approved includes a bad-conduct discharge, or of any general court-martial sentence, the officer having special court-martial jurisdiction over the probationer shall hold a hearing on the alleged violation of probation. (2) The probationer shall be represented at the hearing by counsel if he or she so desires. (3) The record of the hearing and the recommendation of the officer having special court-martial jurisdiction shall be sent for action to the Governor in cases involving a general court-martial sentence and to the commanding officer of the force of the organized militia of which the probationer is a member in all other cases covered by subsection (a) of this section. (4) If the Governor or commanding officer vacates the suspension, any unexecuted part of the sentence except a dismissal shall be executed.

(1) Before the vacation of the suspension of a special court-martial sentence which as approved includes a bad-conduct discharge, or of any general court-martial sentence, the officer having special court-martial jurisdiction over the probationer shall hold a hearing on the alleged violation of probation.

(2) The probationer shall be represented at the hearing by counsel if he or she so desires.

(3) The record of the hearing and the recommendation of the officer having special court-martial jurisdiction shall be sent for action to the Governor in cases involving a general court-martial sentence and to the commanding officer of the force of the organized militia of which the probationer is a member in all other cases covered by subsection (a) of this section.

(4) If the Governor or commanding officer vacates the suspension, any unexecuted part of the sentence except a dismissal shall be executed.

(b) The suspension of any other sentence may be vacated by any authority competent to convene, for the command in which the accused is serving or assigned, a court of the kind that imposed the sentence.

Acts 1969, No. 50, § 114; A.S.A. 1947, § 11-669.
Ark. Code Ann. § 12-64-826 — AR Code / Title 12 / Chapter 64 / Subchapter 8 / Section 12-64-826
Improper use of countersign
Status: in_force

Any person subject to this code who in time of war discloses the parole or countersign to any person not entitled to receive it, or who gives to another who is entitled to receive and use the parole or countersign, a different parole or countersign from that which, to his or her knowledge, he or she was authorized and required to give, shall be punished as a court-martial may direct. Acts 1969, No. 50, § 144; A.S.A. 1947, § 11-726.

Any person subject to this code who in time of war discloses the parole or countersign to any person not entitled to receive it, or who gives to another who is entitled to receive and use the parole or countersign, a different parole or countersign from that which, to his or her knowledge, he or she was authorized and required to give, shall be punished as a court-martial may direct.

Acts 1969, No. 50, § 144; A.S.A. 1947, § 11-726.
Ark. Code Ann. § 12-9-508 — AR Code / Title 12 / Chapter 9 / Subchapter 5 / Section 12-9-508
National Center for Rural Law Enforcement Advisory Board
Status: in_force

(a) There is established the National Center for Rural Law Enforcement Advisory Board to address policy issues, provide guidance, and further develop national initiatives. (b) The members of the board shall be appointed by the Director of the Criminal Justice Institute and approved by the President of the University of Arkansas and shall include: (1) The President of the University of Arkansas or his or her designee; (2) The Director of the Criminal Justice Institute; (3) A member of the House of Representatives; (4) A member of the Senate; (5) Two (2) executives with law enforcement experience; (6) A national-level executive with law enforcement experience; (7) A prominent academician; and (8) A nationally prominent citizen. Acts 2005, No. 1962, § 30.

(a) There is established the National Center for Rural Law Enforcement Advisory Board to address policy issues, provide guidance, and further develop national initiatives.

(b) The members of the board shall be appointed by the Director of the Criminal Justice Institute and approved by the President of the University of Arkansas and shall include: (1) The President of the University of Arkansas or his or her designee; (2) The Director of the Criminal Justice Institute; (3) A member of the House of Representatives; (4) A member of the Senate; (5) Two (2) executives with law enforcement experience; (6) A national-level executive with law enforcement experience; (7) A prominent academician; and (8) A nationally prominent citizen.

(1) The President of the University of Arkansas or his or her designee;

(2) The Director of the Criminal Justice Institute;

(3) A member of the House of Representatives;

(4) A member of the Senate;

(5) Two (2) executives with law enforcement experience;

(6) A national-level executive with law enforcement experience;

(7) A prominent academician; and

(8) A nationally prominent citizen.

Acts 2005, No. 1962, § 30.
Ark. Code Ann. § 12-18-1009 — AR Code / Title 12 / Chapter 18 / Subchapter 10 / Section 12-18-1009
When the investigation determines that the child can safely remain at home
Status: in_force

If an investigation under this chapter determines that a child can safely remain at home, the parents retain the right to keep the child at home or to place the child outside the home. Acts 2009, No. 749, § 1.

If an investigation under this chapter determines that a child can safely remain at home, the parents retain the right to keep the child at home or to place the child outside the home.

Acts 2009, No. 749, § 1.
Ark. Code Ann. § 12-64-106 — AR Code / Title 12 / Chapter 64 / Subchapter 1 / Section 12-64-106
[Repealed]
Status: repealed

Repealed by Act 2015, No. 1003,§ 6, eff. 7/22/2015. Acts 1969, No. 50, § 49; A.S.A. 1947, § 11-604; Acts 1989, No. 178, § 1.

Repealed by Act 2015, No. 1003,§ 6, eff. 7/22/2015.

Acts 1969, No. 50, § 49; A.S.A. 1947, § 11-604; Acts 1989, No. 178, § 1.
Ark. Code Ann. § 12-18-813 — AR Code / Title 12 / Chapter 18 / Subchapter 8 / Section 12-18-813
Notice of investigative determination upon satisfaction of due process
Status: in_force

(a) (1) Due process has been satisfied when: (A) The alleged offender eighteen (18) years of age or older at the time the act or omission occurred was provided written notice of the true investigative determination as required by this chapter but failed to timely request an administrative hearing; (B) The alleged offender eighteen (18) years of age or older at the time the act or omission occurred timely requested an administrative hearing and a decision has been issued by the administrative law judge; or (C) The alleged offender was a child at the time the act or omission occurred and the child or his or her legal parent or legal guardian waived the administrative hearing or the administrative law judge issued a decision. (2) Upon satisfaction of due process, if the investigative determination is true, the alleged offender's name shall be placed in the Child Maltreatment Central Registry. (b) (1) Upon satisfaction of due process and if the investigative determination is true, the Department of Human Services and the Division of Arkansas State Police shall provide the local educational agency, specifically the school counselor at the school the maltreated child attends, a report including the name and relationship of the offender to the maltreated child and the services offered or provided by the Department of Human Services and the Division of Arkansas State Police to the child. (2) Upon completion of due process, the Department of Human Services and the Division of Arkansas State Police shall provide the local educational agency, specifically the school counselor at the school the maltreated child attends, a report indicating the Department of Human Services' and the Division of Arkansas State Police's true investigative determination on any child ten (10) years of age or older who is named as the offender in a true report and the services offered or provided by the Department of Human Services and the Division of Arkansas State Police to the juvenile offender. (3) Any local educational agency receiving information under this section from the Department of Human Services and the Division of Arkansas State Police shall make this information, if it is a true report, confidential and a part of the child's permanent educational record and shall treat information under this section as educational records are treated under the Family Educational Rights and Privacy Act, 20 U.S.C. § 1232g . (c) (1) Upon satisfaction of due process and if the investigative determination is true, if the offender is engaged in child-related activities or employment, works with the elderly, an individual with a disability, or an individual with a mental illness, or is a juvenile and the Department of Human Services or the Division of Arkansas State Police has determined that children, the elderly, or individuals with a disability or mental illness under the care of the offender appear to be at risk of maltreatment by the offender, the Department of Human Services or the Division of Arkansas State Police may notify the following of the investigative determination: (A) The offender's employer; (B) A school superintendent, principal, or a person in an equivalent position where the offender is employed; (C) A person in charge of a paid or volunteer activity; (D) Any licensing or registering authority to the extent necessary to carry out its official responsibilities; and (E) The custodial parent, custodian, or guardian of a child who is or may be currently cared for or supervised by the offender. (2) The Department of Human Services and the Division of Arkansas State Police shall promulgate rules that shall ensure that notification required under this subsection is specifically approved by a responsible manager in the Department of Human Services or the Division of Arkansas State Police before the notification is made. (3) If the Department of Human Services and the Division of Arkansas State Police later determine that there is not a preponderance of the evidence indicating that children under the care of the alleged offender appear to be at risk, the Department of Human Services and the Division of Arkansas State Police shall immediately notify the previously notified person or entity of that information. (4) (A) Upon satisfaction of due process, the Department of Human Services and the Division of Arkansas State Police may notify the entity or person in charge of the investigative determination if: (i) The investigative determination is true; and (ii) The alleged offender is a juvenile who is in a setting or circumstance where other children appear to be at risk. (B) The Department of Human Services and the Division of Arkansas State Police shall promulgate rules to ensure that notification required under this section is specifically approved by a responsible manager in the Department of Human Services or the Division of Arkansas State Police before notification is made. (C) If the Department of Human Services and the Division of Arkansas State Police later determine that there is no preponderance of the evidence indicating that children appear to be at risk, the Department of Human Services and the Division of Arkansas State Police shall immediately notify the previously notified entity or person of that information. (d) Upon satisfaction of due process, if the victim or offender is in foster care, notification of the investigative determination shall be provided to: (1) The legal parents, legal guardians, and current foster parents of the victim; and (2) The attorney ad litem and court-appointed special advocate volunteer for the victim or offender. (e) Upon satisfaction of due process, notification of the investigative determination shall be provided to the following: (1) All subjects of the report; and (2) As required by § 21-15-110 , the employer of any offender if the offender is in a designated position with a state agency. (f) Upon satisfaction of due process, the Department of Human Services and the Division of Arkansas State Police shall confirm the investigative determination to the following, upon request: (1) The responsible multidisciplinary team; (2) The juvenile division of circuit court, if the victim or offender has an open dependency-neglect or family in need of services case; (3) The attorney ad litem for a child who is named as the victim or offender; (4) The Court Appointed Special Advocates volunteer for a child named as the alleged victim or offender; (5) Any licensing or registering authority if it is necessary to carry out its official responsibilities; (6) Any Department of Human Services division director or facility director receiving notice of a Child Abuse Hotline report under this subchapter; (7) The attorney ad litem and Court Appointed Special Advocates volunteer for all other children in the same foster home if the child maltreatment occurred in a foster home; (8) The attorney ad litem and Court Appointed Special Advocates volunteer for any child in foster care when the alleged offender or underaged juvenile offender is placed in the same placement as the attorney ad litem or Court Appointed Special Advocates volunteer's client; (9) A child safety center if involved in the investigation; (10) Law enforcement; (11) The prosecuting attorney in cases of severe maltreatment; (12) Any family advocacy program or other person designated by the military authority for the military installation receiving notice of a Child Abuse Hotline report under § 12-18-508 ; and (13) The attorney ad litem and court-appointed special advocate of a juvenile who has an open dependency-neglect case, if the alleged offender or the minor victim resides in the home or in the proposed placement location for the juvenile that is not a licensed foster home, adoptive home, shelter, or facility. (g) Upon satisfaction of due process, the Department of Human Services and the Division of Arkansas State Police may notify the persons or entities listed in subsection (f) of this section of the investigative determination if the Department of Human Services and the Division of Arkansas State Police determine that the notification is necessary to accomplish the purposes of § 12-18-102 . Amended by Act 2019, No. 531,§ 4, eff. 7/24/2019. Amended by Act 2017, No. 803,§ 4, eff. 8/1/2017. Amended by Act 2017, No. 528,§ 5, eff. 8/1/2017. Amended by Act 2015, No. 1026,§ 14, eff. 7/22/2015. Amended by Act 2015, No. 1004,§ 30, eff. 7/22/2015. Amended by Act 2013, No. 1006,§ 27, eff. 8/16/2013. Acts 2009, No. 749, § 1; 2011, No. 1143, § 22.

(a) (1) Due process has been satisfied when: (A) The alleged offender eighteen (18) years of age or older at the time the act or omission occurred was provided written notice of the true investigative determination as required by this chapter but failed to timely request an administrative hearing; (B) The alleged offender eighteen (18) years of age or older at the time the act or omission occurred timely requested an administrative hearing and a decision has been issued by the administrative law judge; or (C) The alleged offender was a child at the time the act or omission occurred and the child or his or her legal parent or legal guardian waived the administrative hearing or the administrative law judge issued a decision. (2) Upon satisfaction of due process, if the investigative determination is true, the alleged offender's name shall be placed in the Child Maltreatment Central Registry.

(1) Due process has been satisfied when: (A) The alleged offender eighteen (18) years of age or older at the time the act or omission occurred was provided written notice of the true investigative determination as required by this chapter but failed to timely request an administrative hearing; (B) The alleged offender eighteen (18) years of age or older at the time the act or omission occurred timely requested an administrative hearing and a decision has been issued by the administrative law judge; or (C) The alleged offender was a child at the time the act or omission occurred and the child or his or her legal parent or legal guardian waived the administrative hearing or the administrative law judge issued a decision.

(A) The alleged offender eighteen (18) years of age or older at the time the act or omission occurred was provided written notice of the true investigative determination as required by this chapter but failed to timely request an administrative hearing;

(B) The alleged offender eighteen (18) years of age or older at the time the act or omission occurred timely requested an administrative hearing and a decision has been issued by the administrative law judge; or

(C) The alleged offender was a child at the time the act or omission occurred and the child or his or her legal parent or legal guardian waived the administrative hearing or the administrative law judge issued a decision.

(2) Upon satisfaction of due process, if the investigative determination is true, the alleged offender's name shall be placed in the Child Maltreatment Central Registry.

(b) (1) Upon satisfaction of due process and if the investigative determination is true, the Department of Human Services and the Division of Arkansas State Police shall provide the local educational agency, specifically the school counselor at the school the maltreated child attends, a report including the name and relationship of the offender to the maltreated child and the services offered or provided by the Department of Human Services and the Division of Arkansas State Police to the child. (2) Upon completion of due process, the Department of Human Services and the Division of Arkansas State Police shall provide the local educational agency, specifically the school counselor at the school the maltreated child attends, a report indicating the Department of Human Services' and the Division of Arkansas State Police's true investigative determination on any child ten (10) years of age or older who is named as the offender in a true report and the services offered or provided by the Department of Human Services and the Division of Arkansas State Police to the juvenile offender. (3) Any local educational agency receiving information under this section from the Department of Human Services and the Division of Arkansas State Police shall make this information, if it is a true report, confidential and a part of the child's permanent educational record and shall treat information under this section as educational records are treated under the Family Educational Rights and Privacy Act, 20 U.S.C. § 1232g .

(1) Upon satisfaction of due process and if the investigative determination is true, the Department of Human Services and the Division of Arkansas State Police shall provide the local educational agency, specifically the school counselor at the school the maltreated child attends, a report including the name and relationship of the offender to the maltreated child and the services offered or provided by the Department of Human Services and the Division of Arkansas State Police to the child.

(2) Upon completion of due process, the Department of Human Services and the Division of Arkansas State Police shall provide the local educational agency, specifically the school counselor at the school the maltreated child attends, a report indicating the Department of Human Services' and the Division of Arkansas State Police's true investigative determination on any child ten (10) years of age or older who is named as the offender in a true report and the services offered or provided by the Department of Human Services and the Division of Arkansas State Police to the juvenile offender.

(3) Any local educational agency receiving information under this section from the Department of Human Services and the Division of Arkansas State Police shall make this information, if it is a true report, confidential and a part of the child's permanent educational record and shall treat information under this section as educational records are treated under the Family Educational Rights and Privacy Act, 20 U.S.C. § 1232g .

(c) (1) Upon satisfaction of due process and if the investigative determination is true, if the offender is engaged in child-related activities or employment, works with the elderly, an individual with a disability, or an individual with a mental illness, or is a juvenile and the Department of Human Services or the Division of Arkansas State Police has determined that children, the elderly, or individuals with a disability or mental illness under the care of the offender appear to be at risk of maltreatment by the offender, the Department of Human Services or the Division of Arkansas State Police may notify the following of the investigative determination: (A) The offender's employer; (B) A school superintendent, principal, or a person in an equivalent position where the offender is employed; (C) A person in charge of a paid or volunteer activity; (D) Any licensing or registering authority to the extent necessary to carry out its official responsibilities; and (E) The custodial parent, custodian, or guardian of a child who is or may be currently cared for or supervised by the offender. (2) The Department of Human Services and the Division of Arkansas State Police shall promulgate rules that shall ensure that notification required under this subsection is specifically approved by a responsible manager in the Department of Human Services or the Division of Arkansas State Police before the notification is made. (3) If the Department of Human Services and the Division of Arkansas State Police later determine that there is not a preponderance of the evidence indicating that children under the care of the alleged offender appear to be at risk, the Department of Human Services and the Division of Arkansas State Police shall immediately notify the previously notified person or entity of that information. (4) (A) Upon satisfaction of due process, the Department of Human Services and the Division of Arkansas State Police may notify the entity or person in charge of the investigative determination if: (i) The investigative determination is true; and (ii) The alleged offender is a juvenile who is in a setting or circumstance where other children appear to be at risk. (B) The Department of Human Services and the Division of Arkansas State Police shall promulgate rules to ensure that notification required under this section is specifically approved by a responsible manager in the Department of Human Services or the Division of Arkansas State Police before notification is made. (C) If the Department of Human Services and the Division of Arkansas State Police later determine that there is no preponderance of the evidence indicating that children appear to be at risk, the Department of Human Services and the Division of Arkansas State Police shall immediately notify the previously notified entity or person of that information.

(1) Upon satisfaction of due process and if the investigative determination is true, if the offender is engaged in child-related activities or employment, works with the elderly, an individual with a disability, or an individual with a mental illness, or is a juvenile and the Department of Human Services or the Division of Arkansas State Police has determined that children, the elderly, or individuals with a disability or mental illness under the care of the offender appear to be at risk of maltreatment by the offender, the Department of Human Services or the Division of Arkansas State Police may notify the following of the investigative determination: (A) The offender's employer; (B) A school superintendent, principal, or a person in an equivalent position where the offender is employed; (C) A person in charge of a paid or volunteer activity; (D) Any licensing or registering authority to the extent necessary to carry out its official responsibilities; and (E) The custodial parent, custodian, or guardian of a child who is or may be currently cared for or supervised by the offender.

(A) The offender's employer;

(B) A school superintendent, principal, or a person in an equivalent position where the offender is employed;

(C) A person in charge of a paid or volunteer activity;

(D) Any licensing or registering authority to the extent necessary to carry out its official responsibilities; and

(E) The custodial parent, custodian, or guardian of a child who is or may be currently cared for or supervised by the offender.

(2) The Department of Human Services and the Division of Arkansas State Police shall promulgate rules that shall ensure that notification required under this subsection is specifically approved by a responsible manager in the Department of Human Services or the Division of Arkansas State Police before the notification is made.

(3) If the Department of Human Services and the Division of Arkansas State Police later determine that there is not a preponderance of the evidence indicating that children under the care of the alleged offender appear to be at risk, the Department of Human Services and the Division of Arkansas State Police shall immediately notify the previously notified person or entity of that information.

(4) (A) Upon satisfaction of due process, the Department of Human Services and the Division of Arkansas State Police may notify the entity or person in charge of the investigative determination if: (i) The investigative determination is true; and (ii) The alleged offender is a juvenile who is in a setting or circumstance where other children appear to be at risk. (B) The Department of Human Services and the Division of Arkansas State Police shall promulgate rules to ensure that notification required under this section is specifically approved by a responsible manager in the Department of Human Services or the Division of Arkansas State Police before notification is made. (C) If the Department of Human Services and the Division of Arkansas State Police later determine that there is no preponderance of the evidence indicating that children appear to be at risk, the Department of Human Services and the Division of Arkansas State Police shall immediately notify the previously notified entity or person of that information.

(A) Upon satisfaction of due process, the Department of Human Services and the Division of Arkansas State Police may notify the entity or person in charge of the investigative determination if: (i) The investigative determination is true; and (ii) The alleged offender is a juvenile who is in a setting or circumstance where other children appear to be at risk.

(i) The investigative determination is true; and

(ii) The alleged offender is a juvenile who is in a setting or circumstance where other children appear to be at risk.

(B) The Department of Human Services and the Division of Arkansas State Police shall promulgate rules to ensure that notification required under this section is specifically approved by a responsible manager in the Department of Human Services or the Division of Arkansas State Police before notification is made.

(C) If the Department of Human Services and the Division of Arkansas State Police later determine that there is no preponderance of the evidence indicating that children appear to be at risk, the Department of Human Services and the Division of Arkansas State Police shall immediately notify the previously notified entity or person of that information.

(d) Upon satisfaction of due process, if the victim or offender is in foster care, notification of the investigative determination shall be provided to: (1) The legal parents, legal guardians, and current foster parents of the victim; and (2) The attorney ad litem and court-appointed special advocate volunteer for the victim or offender.

(1) The legal parents, legal guardians, and current foster parents of the victim; and

(2) The attorney ad litem and court-appointed special advocate volunteer for the victim or offender.

(e) Upon satisfaction of due process, notification of the investigative determination shall be provided to the following: (1) All subjects of the report; and (2) As required by § 21-15-110 , the employer of any offender if the offender is in a designated position with a state agency.

(1) All subjects of the report; and

(2) As required by § 21-15-110 , the employer of any offender if the offender is in a designated position with a state agency.

(f) Upon satisfaction of due process, the Department of Human Services and the Division of Arkansas State Police shall confirm the investigative determination to the following, upon request: (1) The responsible multidisciplinary team; (2) The juvenile division of circuit court, if the victim or offender has an open dependency-neglect or family in need of services case; (3) The attorney ad litem for a child who is named as the victim or offender; (4) The Court Appointed Special Advocates volunteer for a child named as the alleged victim or offender; (5) Any licensing or registering authority if it is necessary to carry out its official responsibilities; (6) Any Department of Human Services division director or facility director receiving notice of a Child Abuse Hotline report under this subchapter; (7) The attorney ad litem and Court Appointed Special Advocates volunteer for all other children in the same foster home if the child maltreatment occurred in a foster home; (8) The attorney ad litem and Court Appointed Special Advocates volunteer for any child in foster care when the alleged offender or underaged juvenile offender is placed in the same placement as the attorney ad litem or Court Appointed Special Advocates volunteer's client; (9) A child safety center if involved in the investigation; (10) Law enforcement; (11) The prosecuting attorney in cases of severe maltreatment; (12) Any family advocacy program or other person designated by the military authority for the military installation receiving notice of a Child Abuse Hotline report under § 12-18-508 ; and (13) The attorney ad litem and court-appointed special advocate of a juvenile who has an open dependency-neglect case, if the alleged offender or the minor victim resides in the home or in the proposed placement location for the juvenile that is not a licensed foster home, adoptive home, shelter, or facility.

(1) The responsible multidisciplinary team;

(2) The juvenile division of circuit court, if the victim or offender has an open dependency-neglect or family in need of services case;

(3) The attorney ad litem for a child who is named as the victim or offender;

(4) The Court Appointed Special Advocates volunteer for a child named as the alleged victim or offender;

(5) Any licensing or registering authority if it is necessary to carry out its official responsibilities;

(6) Any Department of Human Services division director or facility director receiving notice of a Child Abuse Hotline report under this subchapter;

(7) The attorney ad litem and Court Appointed Special Advocates volunteer for all other children in the same foster home if the child maltreatment occurred in a foster home;

(8) The attorney ad litem and Court Appointed Special Advocates volunteer for any child in foster care when the alleged offender or underaged juvenile offender is placed in the same placement as the attorney ad litem or Court Appointed Special Advocates volunteer's client;

(9) A child safety center if involved in the investigation;

(10) Law enforcement;

(11) The prosecuting attorney in cases of severe maltreatment;

(12) Any family advocacy program or other person designated by the military authority for the military installation receiving notice of a Child Abuse Hotline report under § 12-18-508 ; and

(13) The attorney ad litem and court-appointed special advocate of a juvenile who has an open dependency-neglect case, if the alleged offender or the minor victim resides in the home or in the proposed placement location for the juvenile that is not a licensed foster home, adoptive home, shelter, or facility.

(g) Upon satisfaction of due process, the Department of Human Services and the Division of Arkansas State Police may notify the persons or entities listed in subsection (f) of this section of the investigative determination if the Department of Human Services and the Division of Arkansas State Police determine that the notification is necessary to accomplish the purposes of § 12-18-102 .

Amended by Act 2019, No. 531,§ 4, eff. 7/24/2019.

Amended by Act 2017, No. 803,§ 4, eff. 8/1/2017.

Amended by Act 2017, No. 528,§ 5, eff. 8/1/2017.

Amended by Act 2015, No. 1026,§ 14, eff. 7/22/2015.

Amended by Act 2015, No. 1004,§ 30, eff. 7/22/2015.

Amended by Act 2013, No. 1006,§ 27, eff. 8/16/2013.

Acts 2009, No. 749, § 1; 2011, No. 1143, § 22.
Ark. Code Ann. § 12-41-717 — AR Code / Title 12 / Chapter 41 / Subchapter 7 / Section 12-41-717
Contract with governmental entities - Authority to create boards
Status: in_force

(a) Each county, municipality, public instrumentality, and other governmental entity of this state is authorized and empowered, upon ordinance or resolution of the governing body, to enter into long-term or short-term contracts with a county jail board, municipal jail board, or public instrumentality jail board under which the board provides nightly or other periodic housing of the entity's misdemeanants or other incarcerants for fee compensation or other consideration. (b) (1) Each county, municipality, and public instrumentality is authorized and empowered to adopt ordinances or resolutions that provide for the creation of boards under this subchapter. (2) The boards shall constitute and comprise political subdivisions of the county or municipality that creates the boards or, in the case of public instrumentality boards, political subdivisions of the county or municipality that created the public instrumentality that creates the boards. Acts 2003, No. 1772, § 2.

(a) Each county, municipality, public instrumentality, and other governmental entity of this state is authorized and empowered, upon ordinance or resolution of the governing body, to enter into long-term or short-term contracts with a county jail board, municipal jail board, or public instrumentality jail board under which the board provides nightly or other periodic housing of the entity's misdemeanants or other incarcerants for fee compensation or other consideration.

(b) (1) Each county, municipality, and public instrumentality is authorized and empowered to adopt ordinances or resolutions that provide for the creation of boards under this subchapter. (2) The boards shall constitute and comprise political subdivisions of the county or municipality that creates the boards or, in the case of public instrumentality boards, political subdivisions of the county or municipality that created the public instrumentality that creates the boards.

(1) Each county, municipality, and public instrumentality is authorized and empowered to adopt ordinances or resolutions that provide for the creation of boards under this subchapter.

(2) The boards shall constitute and comprise political subdivisions of the county or municipality that creates the boards or, in the case of public instrumentality boards, political subdivisions of the county or municipality that created the public instrumentality that creates the boards.

Acts 2003, No. 1772, § 2.
Ark. Code Ann. § 12-18-203 — AR Code / Title 12 / Chapter 18 / Subchapter 2 / Section 12-18-203
Making a false report under this chapter
Status: in_force

(a) A person commits the offense of making a false report under this chapter if he or she purposely makes a report containing a false allegation to the Child Abuse Hotline knowing the allegation to be false. (b) (1) A first offense of making a false report under this chapter is a Class A misdemeanor. (2) A subsequent offense of making a false report under this chapter is a Class D felony. Acts 2009, No. 749, § 1.

(a) A person commits the offense of making a false report under this chapter if he or she purposely makes a report containing a false allegation to the Child Abuse Hotline knowing the allegation to be false.

(b) (1) A first offense of making a false report under this chapter is a Class A misdemeanor. (2) A subsequent offense of making a false report under this chapter is a Class D felony.

(1) A first offense of making a false report under this chapter is a Class A misdemeanor.

(2) A subsequent offense of making a false report under this chapter is a Class D felony.

Acts 2009, No. 749, § 1.
Ark. Code Ann. § 12-63-403 — AR Code / Title 12 / Chapter 63 / Subchapter 4 / Section 12-63-403
Lease or sale - Disposition of funds
Status: in_force

(a) The Adjutant General shall have authority to lease or sublease property or portions thereto for such rentals, on such terms and conditions, and for such period of time as he or she shall deem to be in the best interest of the National Guard and the State of Arkansas. (b) The lease or sublease or contracts for sale of property which is not needed for military purposes shall be executed by the Adjutant General for and in the name and behalf of the State of Arkansas. (c) The contracts or leases shall contain suitable provisions for the immediate termination in the event of the occurrence of an emergency rendering the use of the property for military purposes. (d) Funds received or derived from leases, rentals, and sales of real property or from severed personal property derived from Camp Joseph T. Robinson shall be used for operations, maintenance, improvements, and personnel costs of Camp Joseph T. Robinson. (e) Funds received or derived from leases, rentals, and sales of real property or from severed personal property derived from Fort Chaffee shall be used for operations, maintenance, improvements, and personnel costs of Fort Chaffee. Acts 1951, No. 121, § 2; A.S.A. 1947, § 11-1802; Acts 1997, No. 1201, § 6.

(a) The Adjutant General shall have authority to lease or sublease property or portions thereto for such rentals, on such terms and conditions, and for such period of time as he or she shall deem to be in the best interest of the National Guard and the State of Arkansas.

(b) The lease or sublease or contracts for sale of property which is not needed for military purposes shall be executed by the Adjutant General for and in the name and behalf of the State of Arkansas.

(c) The contracts or leases shall contain suitable provisions for the immediate termination in the event of the occurrence of an emergency rendering the use of the property for military purposes.

(d) Funds received or derived from leases, rentals, and sales of real property or from severed personal property derived from Camp Joseph T. Robinson shall be used for operations, maintenance, improvements, and personnel costs of Camp Joseph T. Robinson.

(e) Funds received or derived from leases, rentals, and sales of real property or from severed personal property derived from Fort Chaffee shall be used for operations, maintenance, improvements, and personnel costs of Fort Chaffee.

Acts 1951, No. 121, § 2; A.S.A. 1947, § 11-1802; Acts 1997, No. 1201, § 6.
Ark. Code Ann. § 12-8-125 — AR Code / Title 12 / Chapter 8 / Subchapter 1 / Section 12-8-125
Small Municipality Law Enforcement Vehicle Grant Program
Status: in_force

(a) There is created the "Small Municipality Law Enforcement Vehicle Grant Program", to be administered by the Division of Arkansas State Police with funding from the General Improvement Fund or its successor fund or fund accounts, including the Development and Enhancement Fund. (b) (1) The program may provide grants to cities of the second class as determined under § 14-37-103 or incorporated towns as determined under § 14-37-103 for the purpose of purchasing used vehicles from the Marketing and Redistribution Section within the Office of State Procurement. (2) Vehicles purchased under subdivision (b)(1) of this section shall be used by law enforcement agencies of the city of the second class or incorporated town receiving the grant. (c) (1) The division shall promulgate rules necessary for the implementation of the program. (2) The rules shall include: (A) The procedure for making an application for a grant; (B) The selection criteria for a grant; (C) The limitations on use of grant money; and (D) A procedure to provide for accountability of grant recipients. (d) A city of the second class or incorporated town shall not be required to provide matching funds to receive a grant under this section. (e) If the division awards a grant to a city of the second class or incorporated town under this section, the division shall pay the grant funds for the purchase of a used vehicle directly to the Marketing and Redistribution Section within the Office of State Procurement. (f) Funds from a grant received under this section shall not be used to pay sales tax for a used vehicle purchased from the Marketing and Redistribution Section within the Office of State Procurement. (g) The awarding of grants under this section is contingent on the appropriation and availability of funding for the program. Amended by Act 2019, No. 910,§ 5782, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 5781, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 5780, eff. 7/1/2019. Amended by Act 2019, No. 82,§ 5, eff. 7/1/2019. Acts 2011, No. 1237, § 1.

(a) There is created the "Small Municipality Law Enforcement Vehicle Grant Program", to be administered by the Division of Arkansas State Police with funding from the General Improvement Fund or its successor fund or fund accounts, including the Development and Enhancement Fund.

(b) (1) The program may provide grants to cities of the second class as determined under § 14-37-103 or incorporated towns as determined under § 14-37-103 for the purpose of purchasing used vehicles from the Marketing and Redistribution Section within the Office of State Procurement. (2) Vehicles purchased under subdivision (b)(1) of this section shall be used by law enforcement agencies of the city of the second class or incorporated town receiving the grant.

(1) The program may provide grants to cities of the second class as determined under § 14-37-103 or incorporated towns as determined under § 14-37-103 for the purpose of purchasing used vehicles from the Marketing and Redistribution Section within the Office of State Procurement.

(2) Vehicles purchased under subdivision (b)(1) of this section shall be used by law enforcement agencies of the city of the second class or incorporated town receiving the grant.

(c) (1) The division shall promulgate rules necessary for the implementation of the program. (2) The rules shall include: (A) The procedure for making an application for a grant; (B) The selection criteria for a grant; (C) The limitations on use of grant money; and (D) A procedure to provide for accountability of grant recipients.

(1) The division shall promulgate rules necessary for the implementation of the program.

(2) The rules shall include: (A) The procedure for making an application for a grant; (B) The selection criteria for a grant; (C) The limitations on use of grant money; and (D) A procedure to provide for accountability of grant recipients.

(A) The procedure for making an application for a grant;

(B) The selection criteria for a grant;

(C) The limitations on use of grant money; and

(D) A procedure to provide for accountability of grant recipients.

(d) A city of the second class or incorporated town shall not be required to provide matching funds to receive a grant under this section.

(e) If the division awards a grant to a city of the second class or incorporated town under this section, the division shall pay the grant funds for the purchase of a used vehicle directly to the Marketing and Redistribution Section within the Office of State Procurement.

(f) Funds from a grant received under this section shall not be used to pay sales tax for a used vehicle purchased from the Marketing and Redistribution Section within the Office of State Procurement.

(g) The awarding of grants under this section is contingent on the appropriation and availability of funding for the program.

Amended by Act 2019, No. 910,§ 5782, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 5781, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 5780, eff. 7/1/2019.

Amended by Act 2019, No. 82,§ 5, eff. 7/1/2019.

Acts 2011, No. 1237, § 1.
Ark. Code Ann. § 12-9-207 — AR Code / Title 12 / Chapter 9 / Subchapter 2 / Section 12-9-207
Newly elected or unopposed candidates for county sheriff
Status: in_force

(a) A newly elected county sheriff or unopposed candidate for the position of county sheriff may attend a state-funded law enforcement training academy for purposes of training and instruction. (b) The county in which the newly elected county sheriff or unopposed candidate for the position of county sheriff is to be employed shall pay any necessary transportation costs in traveling to and from the state-funded law enforcement training academy. Amended by Act 2017, No. 183,§ 2, eff. 8/1/2017. Acts 1975, No. 183, §§ 1, 2; A.S.A. 1947, §§ 42-706, 42-707.

(a) A newly elected county sheriff or unopposed candidate for the position of county sheriff may attend a state-funded law enforcement training academy for purposes of training and instruction.

(b) The county in which the newly elected county sheriff or unopposed candidate for the position of county sheriff is to be employed shall pay any necessary transportation costs in traveling to and from the state-funded law enforcement training academy.

Amended by Act 2017, No. 183,§ 2, eff. 8/1/2017.

Acts 1975, No. 183, §§ 1, 2; A.S.A. 1947, §§ 42-706, 42-707.
Ark. Code Ann. § 12-29-407 — AR Code / Title 12 / Chapter 29 / Subchapter 4 / Section 12-29-407
Medicaid suspension
Status: in_force

(a) When an individual who is enrolled in a Medicaid program or the Health Care Independence Program [expired] is incarcerated to the custody of the Division of Correction, the Division of Community Correction, or detained in a county jail, city jail, juvenile detention facility, or other Division of Youth Services of the Department of Human Services commitment, the Department of Human Services shall suspend, to the degree feasible, the individual's coverage during the period of incarceration for up to twelve (12) months from the initial approval or renewal, unless prohibited by law. (b) When an individual with suspended Medicaid eligibility receives eligible medical treatment or is released from custody, the Department of Human Services shall reinstate, to the degree feasible, the individual's coverage for up to twelve (12) months from the initial approval or renewal, unless prohibited by law. (c) The Department of Human Services shall ensure that the suspension and reinstatement process is automated and that protocols are developed to maximize Medicaid reimbursement for allowable medical services and essential health benefits. Amended by Act 2019, No. 910,§ 809, eff. 7/1/2019. Added by Act 2015, No. 895,§ 12, eff. 9/1/2015.

(a) When an individual who is enrolled in a Medicaid program or the Health Care Independence Program [expired] is incarcerated to the custody of the Division of Correction, the Division of Community Correction, or detained in a county jail, city jail, juvenile detention facility, or other Division of Youth Services of the Department of Human Services commitment, the Department of Human Services shall suspend, to the degree feasible, the individual's coverage during the period of incarceration for up to twelve (12) months from the initial approval or renewal, unless prohibited by law.

(b) When an individual with suspended Medicaid eligibility receives eligible medical treatment or is released from custody, the Department of Human Services shall reinstate, to the degree feasible, the individual's coverage for up to twelve (12) months from the initial approval or renewal, unless prohibited by law.

(c) The Department of Human Services shall ensure that the suspension and reinstatement process is automated and that protocols are developed to maximize Medicaid reimbursement for allowable medical services and essential health benefits.

Amended by Act 2019, No. 910,§ 809, eff. 7/1/2019.

Added by Act 2015, No. 895,§ 12, eff. 9/1/2015.
Ark. Code Ann. § 12-8-102 — AR Code / Title 12 / Chapter 8 / Subchapter 1 / Section 12-8-102
Commission created - Members - Meetings - Elective office
Status: in_force

(a) The Arkansas State Police Commission is created and established. (b) (1) The commission shall be composed of seven (7) members to be appointed by the Governor for terms of seven (7) years, by and with the advice and consent of the Senate. (2) (A) Four (4) members shall be appointed from each of the four (4) congressional districts and three (3) shall be appointed from the state at large. (B) However, no more than two (2) members shall be appointed from any congressional district. (c) (1) When vacancies occur in the commission, the Governor may temporarily fill the position consistent with subsection (b) of this section. (2) All appointments made at any time other than on the day following the expiration of a term shall be for the unexpired portion of the term. (d) The commission shall meet and organize, electing one (1) member as chair and one (1) member as secretary. (e) The chair shall have the power to convene the commission at such time as he or she may deem proper after due notice thereof to all the members of the commission. (f) The commission is directed to hold a minimum of one (1) meeting per month. (g) Except for those absences due to illness of the commissioner, failure of any commissioner to attend three (3) consecutive meetings shall constitute cause for removal from office by the Governor. (h) (1) A majority of the members of the commission shall constitute a quorum to transact any business properly brought before it and not inconsistent with the provisions of this chapter. (2) A quorum may do and perform other duties as are prescribed in this chapter or that may be necessary for the proper enforcement of this chapter. (i) Members of the commission may receive expense reimbursement and stipends in accordance with § 25-16-901 et seq. (j) (1) No member of the commission shall be eligible to hold or run for any elective office, either state or county, during the time he or she shall serve as a member of the commission. (2) Any violation of subdivision (j)(1) of this section shall constitute cause for removal by the Governor. Amended by Act 2023, No. 794,§ 13, eff. 4/12/2023. Amended by Act 2017, No. 250,§ 1, eff. 8/1/2017. Acts 1945, No. 231, §§ 2, 3; 1949, No. 157, § 1; 1953, No. 74, § 1; 1969, No. 394, § 1; 1975 (Extended Sess., 1976), No. 1035, § 1; 1981, No. 540, § 9; A.S.A. 1947, §§ 6-616, 42-402, 42-403, 42-403.1; reen. Acts 1987, No. 862, § 1; 1991, No. 1099, § 12; 1991, No. 1223, § 1; 1997, No. 250, § 64; 1999, No. 149, § 1.

(a) The Arkansas State Police Commission is created and established.

(b) (1) The commission shall be composed of seven (7) members to be appointed by the Governor for terms of seven (7) years, by and with the advice and consent of the Senate. (2) (A) Four (4) members shall be appointed from each of the four (4) congressional districts and three (3) shall be appointed from the state at large. (B) However, no more than two (2) members shall be appointed from any congressional district.

(1) The commission shall be composed of seven (7) members to be appointed by the Governor for terms of seven (7) years, by and with the advice and consent of the Senate.

(2) (A) Four (4) members shall be appointed from each of the four (4) congressional districts and three (3) shall be appointed from the state at large. (B) However, no more than two (2) members shall be appointed from any congressional district.

(A) Four (4) members shall be appointed from each of the four (4) congressional districts and three (3) shall be appointed from the state at large.

(B) However, no more than two (2) members shall be appointed from any congressional district.

(c) (1) When vacancies occur in the commission, the Governor may temporarily fill the position consistent with subsection (b) of this section. (2) All appointments made at any time other than on the day following the expiration of a term shall be for the unexpired portion of the term.

(1) When vacancies occur in the commission, the Governor may temporarily fill the position consistent with subsection (b) of this section.

(2) All appointments made at any time other than on the day following the expiration of a term shall be for the unexpired portion of the term.

(d) The commission shall meet and organize, electing one (1) member as chair and one (1) member as secretary.

(e) The chair shall have the power to convene the commission at such time as he or she may deem proper after due notice thereof to all the members of the commission.

(f) The commission is directed to hold a minimum of one (1) meeting per month.

(g) Except for those absences due to illness of the commissioner, failure of any commissioner to attend three (3) consecutive meetings shall constitute cause for removal from office by the Governor.

(h) (1) A majority of the members of the commission shall constitute a quorum to transact any business properly brought before it and not inconsistent with the provisions of this chapter. (2) A quorum may do and perform other duties as are prescribed in this chapter or that may be necessary for the proper enforcement of this chapter.

(1) A majority of the members of the commission shall constitute a quorum to transact any business properly brought before it and not inconsistent with the provisions of this chapter.

(2) A quorum may do and perform other duties as are prescribed in this chapter or that may be necessary for the proper enforcement of this chapter.

(i) Members of the commission may receive expense reimbursement and stipends in accordance with § 25-16-901 et seq.

(j) (1) No member of the commission shall be eligible to hold or run for any elective office, either state or county, during the time he or she shall serve as a member of the commission. (2) Any violation of subdivision (j)(1) of this section shall constitute cause for removal by the Governor.

(1) No member of the commission shall be eligible to hold or run for any elective office, either state or county, during the time he or she shall serve as a member of the commission.

(2) Any violation of subdivision (j)(1) of this section shall constitute cause for removal by the Governor.

Amended by Act 2023, No. 794,§ 13, eff. 4/12/2023.

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

Acts 1945, No. 231, §§ 2, 3; 1949, No. 157, § 1; 1953, No. 74, § 1; 1969, No. 394, § 1; 1975 (Extended Sess., 1976), No. 1035, § 1; 1981, No. 540, § 9; A.S.A. 1947, §§ 6-616, 42-402, 42-403, 42-403.1; reen. Acts 1987, No. 862, § 1; 1991, No. 1099, § 12; 1991, No. 1223, § 1; 1997, No. 250, § 64; 1999, No. 149, § 1.
Ark. Code Ann. § 12-42-109 — AR Code / Title 12 / Chapter 42 / Section 12-42-109
Management of inmates not hired
Status: in_force

(a) Unless the inmates are immediately hired out, the management and control of the county inmates shall be confined to county courts either in term time or in vacation by the county judge. (b) The county court or county judge shall always have the right to require the aid of the county sheriff and constables of their respective counties. All lawful orders or process necessary to be issued and executed shall be executed by the county sheriff or constable. Amended by Act 2013, No. 295,§ 9, eff. 8/16/2013. Acts 1877, No. 73, § 12, p. 73; C. & M. Dig., § 2057; Pope's Dig., § 2659; A.S.A. 1947, § 46-517.

(a) Unless the inmates are immediately hired out, the management and control of the county inmates shall be confined to county courts either in term time or in vacation by the county judge.

(b) The county court or county judge shall always have the right to require the aid of the county sheriff and constables of their respective counties. All lawful orders or process necessary to be issued and executed shall be executed by the county sheriff or constable.

Amended by Act 2013, No. 295,§ 9, eff. 8/16/2013.

Acts 1877, No. 73, § 12, p. 73; C. & M. Dig., § 2057; Pope's Dig., § 2659; A.S.A. 1947, § 46-517.
Ark. Code Ann. § 12-61-303 — AR Code / Title 12 / Chapter 61 / Subchapter 3 / Section 12-61-303
Duties, privileges, etc
Status: in_force

All duties imposed and all provisions relating to the privileges, immunities, and prohibitions of the Arkansas National Guard shall likewise apply to the Arkansas State Defense Force. Acts 1969, No. 50, § 42; A.S.A. 1947, § 11-503.

All duties imposed and all provisions relating to the privileges, immunities, and prohibitions of the Arkansas National Guard shall likewise apply to the Arkansas State Defense Force.

Acts 1969, No. 50, § 42; A.S.A. 1947, § 11-503.
Ark. Code Ann. § 12-51-901 — AR Code / Title 12 / Chapter 51 / Subchapter 9 / Section 12-51-901
Responsible agencies
Status: in_force

A fine, fee, or cost that may be levied against the state under the interstate compact under this chapter shall be paid by the entity that either failed to meet the obligation or responsibility of the interstate compact or failed to comply with a bylaw or rule of the Interstate Commission for Adult Offender Supervision, to the extent permitted by the interstate compact. Added by Act 2019, No. 134,§ 1, eff. 7/24/2019.

A fine, fee, or cost that may be levied against the state under the interstate compact under this chapter shall be paid by the entity that either failed to meet the obligation or responsibility of the interstate compact or failed to comply with a bylaw or rule of the Interstate Commission for Adult Offender Supervision, to the extent permitted by the interstate compact.

Added by Act 2019, No. 134,§ 1, eff. 7/24/2019.
Ark. Code Ann. § 12-12-1002 — AR Code / Title 12 / Chapter 12 / Subchapter 10 / Section 12-12-1002
Penalties
Status: in_force

(a) Upon conviction, any criminal justice agency or official subject to fingerprinting or reporting requirements under this subchapter that knowingly fails to comply with the fingerprinting or reporting requirements is guilty of a Class B misdemeanor. (b) A person is guilty of a Class A misdemeanor upon conviction if the person knowingly: (1) Accesses information or obtains information collected and maintained under this subchapter for a purpose not specified by this subchapter; or (2) Releases or discloses information maintained under this subchapter to another person who lacks authority to receive the information. (c) A person is guilty of a Class D felony upon conviction if the person violates subsection (a) of this section for the purpose of: (1) Furthering the commission of a misdemeanor offense or felony offense by the person or another person; (2) Enhancing or assisting a person's position in a legal proceeding in this state or influencing the outcome of a legal proceeding in this state for the benefit of the person or a member of the person's family; (3) Causing a pecuniary or professional gain for the person or a member of the person's family; or (4) Political purposes for the person or a member of the person's family. (d) A person convicted of violating subsection (c) of this section is subject to an additional fine of not more than five hundred thousand dollars ($500,000). Amended by Act 2017, No. 845,§ 4, eff. 8/1/2017. Amended by Act 2017, No. 250,§ 5, eff. 8/1/2017. Acts 1993, No. 1109, § 15; 2009, No. 974, § 3; 2011, No. 1224, § 2.

(a) Upon conviction, any criminal justice agency or official subject to fingerprinting or reporting requirements under this subchapter that knowingly fails to comply with the fingerprinting or reporting requirements is guilty of a Class B misdemeanor.

(b) A person is guilty of a Class A misdemeanor upon conviction if the person knowingly: (1) Accesses information or obtains information collected and maintained under this subchapter for a purpose not specified by this subchapter; or (2) Releases or discloses information maintained under this subchapter to another person who lacks authority to receive the information.

(1) Accesses information or obtains information collected and maintained under this subchapter for a purpose not specified by this subchapter; or

(2) Releases or discloses information maintained under this subchapter to another person who lacks authority to receive the information.

(c) A person is guilty of a Class D felony upon conviction if the person violates subsection (a) of this section for the purpose of: (1) Furthering the commission of a misdemeanor offense or felony offense by the person or another person; (2) Enhancing or assisting a person's position in a legal proceeding in this state or influencing the outcome of a legal proceeding in this state for the benefit of the person or a member of the person's family; (3) Causing a pecuniary or professional gain for the person or a member of the person's family; or (4) Political purposes for the person or a member of the person's family.

(1) Furthering the commission of a misdemeanor offense or felony offense by the person or another person;

(2) Enhancing or assisting a person's position in a legal proceeding in this state or influencing the outcome of a legal proceeding in this state for the benefit of the person or a member of the person's family;

(3) Causing a pecuniary or professional gain for the person or a member of the person's family; or

(4) Political purposes for the person or a member of the person's family.

(d) A person convicted of violating subsection (c) of this section is subject to an additional fine of not more than five hundred thousand dollars ($500,000).

Amended by Act 2017, No. 845,§ 4, eff. 8/1/2017.

Amended by Act 2017, No. 250,§ 5, eff. 8/1/2017.

Acts 1993, No. 1109, § 15; 2009, No. 974, § 3; 2011, No. 1224, § 2.
Ark. Code Ann. § 12-62-712 — AR Code / Title 12 / Chapter 62 / Subchapter 7 / Section 12-62-712
Statutes of limitations affected by military service
Status: in_force

The period of military service is not included in computing any period limited by law, rule, or order for bringing an action or proceeding in any court, board, bureau, commission, department, or other agency of government by or against any person in military service or by or against his or her heirs, executors, administrators, or assigns, whether the cause of action or the right or privilege to institute the action or proceeding has accrued before or during the period of military service. Acts 2003, No. 1003, § 12.

The period of military service is not included in computing any period limited by law, rule, or order for bringing an action or proceeding in any court, board, bureau, commission, department, or other agency of government by or against any person in military service or by or against his or her heirs, executors, administrators, or assigns, whether the cause of action or the right or privilege to institute the action or proceeding has accrued before or during the period of military service.

Acts 2003, No. 1003, § 12.
Ark. Code Ann. § 12-12-1720 — AR Code / Title 12 / Chapter 12 / Subchapter 17 / Section 12-12-1720
Penalties
Status: in_force

(a) (1) A person commits the offense of failure to report under this subchapter in the first degree if he or she: (A) Is a mandated reporter under § 12-12-1708 ; (B) Has observed or has reasonable cause to suspect that an endangered person or impaired person has been subjected to conditions or circumstances that constitute adult maltreatment or long-term care facility resident maltreatment; and (C) Knowingly fails to report or cause a report to be made to the adult and long-term care facility resident maltreatment hotline. (2) Failure to report under this subchapter in the first degree is a Class B misdemeanor. (b) (1) A person commits the offense of failure to report in the second degree if he or she: (A) Is a mandated reporter under § 12-12-1708 ; (B) Has observed or has reasonable cause to suspect that an endangered person or impaired person has been subjected to conditions or circumstances that constitute adult maltreatment or long-term care facility resident maltreatment; and (C) Knowingly fails to make a report or cause a report to be made in the manner and time provided in this subchapter to the adult and long-term care facility resident maltreatment hotline. (2) Failure to report in the second degree is a Class C misdemeanor. (c) A person or caregiver required by this subchapter to report a case of suspected adult maltreatment or long-term care facility resident maltreatment who purposely fails to do so is civilly liable for damages proximately caused by the failure. (d) (1) A person commits the offense of false reporting of adult abuse if he or she purposely makes a false report to the adult and long-term care facility resident maltreatment hotline knowing the allegation in the false report to be false. (2) For a first offense, false reporting of adult abuse is a Class A misdemeanor. (3) For a subsequent offense, false reporting of adult abuse is a Class D felony. (e) (1) A person commits the offense of unlawful disclosure of data or information under this subchapter if: (A) He or she purposely discloses data or information to a person to whom disclosure is not permitted under § 12-12-1717 or § 12-12-1718 ; or (B) He or she purposely encourages or permits the release of data or information to a person to whom disclosure is not permitted under § 12-12-1717 or § 12-12-1718 . (2) Unlawful disclosure of data or information under this subchapter is a Class A misdemeanor. (f) (1) A person commits the offense of failure to report a death under this subchapter if he or she: (A) Is required to report a death under § 12-12-1709 ; (B) Has reasonable cause to suspect that an adult or long-term care facility resident has died as a result of maltreatment; and (C) Knowingly fails to make the report in the time and manner required under this subchapter. (2) Failure to report a death under this subchapter is a Class C misdemeanor. Amended by Act 2017, No. 250,§ 8, eff. 8/1/2017. Acts 2005, No. 1812, § 1; 2009, No. 165, § 12; 2009, No. 525, § 6.

(a) (1) A person commits the offense of failure to report under this subchapter in the first degree if he or she: (A) Is a mandated reporter under § 12-12-1708 ; (B) Has observed or has reasonable cause to suspect that an endangered person or impaired person has been subjected to conditions or circumstances that constitute adult maltreatment or long-term care facility resident maltreatment; and (C) Knowingly fails to report or cause a report to be made to the adult and long-term care facility resident maltreatment hotline. (2) Failure to report under this subchapter in the first degree is a Class B misdemeanor.

(1) A person commits the offense of failure to report under this subchapter in the first degree if he or she: (A) Is a mandated reporter under § 12-12-1708 ; (B) Has observed or has reasonable cause to suspect that an endangered person or impaired person has been subjected to conditions or circumstances that constitute adult maltreatment or long-term care facility resident maltreatment; and (C) Knowingly fails to report or cause a report to be made to the adult and long-term care facility resident maltreatment hotline.

(A) Is a mandated reporter under § 12-12-1708 ;

(B) Has observed or has reasonable cause to suspect that an endangered person or impaired person has been subjected to conditions or circumstances that constitute adult maltreatment or long-term care facility resident maltreatment; and

(C) Knowingly fails to report or cause a report to be made to the adult and long-term care facility resident maltreatment hotline.

(2) Failure to report under this subchapter in the first degree is a Class B misdemeanor.

(b) (1) A person commits the offense of failure to report in the second degree if he or she: (A) Is a mandated reporter under § 12-12-1708 ; (B) Has observed or has reasonable cause to suspect that an endangered person or impaired person has been subjected to conditions or circumstances that constitute adult maltreatment or long-term care facility resident maltreatment; and (C) Knowingly fails to make a report or cause a report to be made in the manner and time provided in this subchapter to the adult and long-term care facility resident maltreatment hotline. (2) Failure to report in the second degree is a Class C misdemeanor.

(1) A person commits the offense of failure to report in the second degree if he or she: (A) Is a mandated reporter under § 12-12-1708 ; (B) Has observed or has reasonable cause to suspect that an endangered person or impaired person has been subjected to conditions or circumstances that constitute adult maltreatment or long-term care facility resident maltreatment; and (C) Knowingly fails to make a report or cause a report to be made in the manner and time provided in this subchapter to the adult and long-term care facility resident maltreatment hotline.

(A) Is a mandated reporter under § 12-12-1708 ;

(B) Has observed or has reasonable cause to suspect that an endangered person or impaired person has been subjected to conditions or circumstances that constitute adult maltreatment or long-term care facility resident maltreatment; and

(C) Knowingly fails to make a report or cause a report to be made in the manner and time provided in this subchapter to the adult and long-term care facility resident maltreatment hotline.

(2) Failure to report in the second degree is a Class C misdemeanor.

(c) A person or caregiver required by this subchapter to report a case of suspected adult maltreatment or long-term care facility resident maltreatment who purposely fails to do so is civilly liable for damages proximately caused by the failure.

(d) (1) A person commits the offense of false reporting of adult abuse if he or she purposely makes a false report to the adult and long-term care facility resident maltreatment hotline knowing the allegation in the false report to be false. (2) For a first offense, false reporting of adult abuse is a Class A misdemeanor. (3) For a subsequent offense, false reporting of adult abuse is a Class D felony.

(1) A person commits the offense of false reporting of adult abuse if he or she purposely makes a false report to the adult and long-term care facility resident maltreatment hotline knowing the allegation in the false report to be false.

(2) For a first offense, false reporting of adult abuse is a Class A misdemeanor.

(3) For a subsequent offense, false reporting of adult abuse is a Class D felony.

(e) (1) A person commits the offense of unlawful disclosure of data or information under this subchapter if: (A) He or she purposely discloses data or information to a person to whom disclosure is not permitted under § 12-12-1717 or § 12-12-1718 ; or (B) He or she purposely encourages or permits the release of data or information to a person to whom disclosure is not permitted under § 12-12-1717 or § 12-12-1718 . (2) Unlawful disclosure of data or information under this subchapter is a Class A misdemeanor.

(1) A person commits the offense of unlawful disclosure of data or information under this subchapter if: (A) He or she purposely discloses data or information to a person to whom disclosure is not permitted under § 12-12-1717 or § 12-12-1718 ; or (B) He or she purposely encourages or permits the release of data or information to a person to whom disclosure is not permitted under § 12-12-1717 or § 12-12-1718 .

(A) He or she purposely discloses data or information to a person to whom disclosure is not permitted under § 12-12-1717 or § 12-12-1718 ; or

(B) He or she purposely encourages or permits the release of data or information to a person to whom disclosure is not permitted under § 12-12-1717 or § 12-12-1718 .

(2) Unlawful disclosure of data or information under this subchapter is a Class A misdemeanor.

(f) (1) A person commits the offense of failure to report a death under this subchapter if he or she: (A) Is required to report a death under § 12-12-1709 ; (B) Has reasonable cause to suspect that an adult or long-term care facility resident has died as a result of maltreatment; and (C) Knowingly fails to make the report in the time and manner required under this subchapter. (2) Failure to report a death under this subchapter is a Class C misdemeanor.

(1) A person commits the offense of failure to report a death under this subchapter if he or she: (A) Is required to report a death under § 12-12-1709 ; (B) Has reasonable cause to suspect that an adult or long-term care facility resident has died as a result of maltreatment; and (C) Knowingly fails to make the report in the time and manner required under this subchapter.

(A) Is required to report a death under § 12-12-1709 ;

(B) Has reasonable cause to suspect that an adult or long-term care facility resident has died as a result of maltreatment; and

(C) Knowingly fails to make the report in the time and manner required under this subchapter.

(2) Failure to report a death under this subchapter is a Class C misdemeanor.

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

Acts 2005, No. 1812, § 1; 2009, No. 165, § 12; 2009, No. 525, § 6.