Ark. Code Ann. § 12-84-104 — AR Code / Title 12 / Chapter 84 / Section 12-84-104
State Office of Hazardous Materials Emergency Management
Status: in_force

(a) There is created by this chapter a State Office of Hazardous Materials Emergency Management within and under the administrative and operational control of the Arkansas Department of Emergency Management. (b) The office shall perform the necessary actions and activities as required under current federal and state laws, rules, and regulations related to emergency planning, training, response, and recovery and, as specified in the Arkansas Emergency Services Act of 1973, § 12-75-101 et seq., relating to accidental, deliberate, or act-of-God releases of hazardous or toxic materials which might threaten the public health, safety, welfare, environment, or property of the citizens of Arkansas. Acts 1995, No. 634, § 3; 1999, No. 646, § 54.

(a) There is created by this chapter a State Office of Hazardous Materials Emergency Management within and under the administrative and operational control of the Arkansas Department of Emergency Management.

(b) The office shall perform the necessary actions and activities as required under current federal and state laws, rules, and regulations related to emergency planning, training, response, and recovery and, as specified in the Arkansas Emergency Services Act of 1973, § 12-75-101 et seq., relating to accidental, deliberate, or act-of-God releases of hazardous or toxic materials which might threaten the public health, safety, welfare, environment, or property of the citizens of Arkansas.

Acts 1995, No. 634, § 3; 1999, No. 646, § 54.
Ark. Code Ann. § 12-12-401 — AR Code / Title 12 / Chapter 12 / Subchapter 4 / Section 12-12-401
Definitions
Status: in_force

As used in this subchapter: (1) "Anonymous kit" means a sexual assault collection kit that is collected from a possible victim of a sexual assault who has not decided whether to report the sexual assault to a law enforcement agency; (2) (A) "Appropriate emergency medical-legal examinations" means health care delivered with emphasis on the collection of evidence for the purpose of prosecution. (B) It shall include, but not be limited to, the appropriate components contained in an evidence collection kit for sexual assault examination distributed by the Forensic DNA Section of the State Crime Laboratory; (3) "Law enforcement agency" means a police force or organization whose primary responsibility as established by statute or ordinance is the enforcement of the criminal laws, traffic laws, or highway laws of this state; (4) "Licensed healthcare provider" means a person licensed in a healthcare field who conducts medical-legal examinations or a medical facility that is currently licensed by the Department of Health and providing emergency services; (5) "Medical-legal examination" means health care delivered to a possible victim of a sexual assault, with an emphasis on the gathering and preserving of evidence for the purpose of serving criminal justice; (6) "Sexual assault" means an offense described in § 5-14-101 et seq. or § 5-26-202 ; (7) "Sexual assault collection kit" means a human biological specimen or specimens collected during a medical-legal examination from the alleged victim of a sexual assault; and (8) "Victim" means any person who has been a victim of any alleged sexual assault or incest as defined by § 5-14-101 et seq., except for a misdemeanor violation of sexual indecency with a child, § 5-14-110 , and § 5-26-202 . Amended by Act 2023, No. 619,§ 13, eff. 8/1/2023. Amended by Act 2021, No. 472,§ 1, eff. 7/28/2021. Acts 1983, No. 403, §§ 1-3; A.S.A. 1947, §§ 41-1820 -- 41-1822; Acts 1991, No. 612, § 1; 2001, No. 993, § 1; 2003, No. 1390, § 3.

As used in this subchapter:

(1) "Anonymous kit" means a sexual assault collection kit that is collected from a possible victim of a sexual assault who has not decided whether to report the sexual assault to a law enforcement agency;

(2) (A) "Appropriate emergency medical-legal examinations" means health care delivered with emphasis on the collection of evidence for the purpose of prosecution. (B) It shall include, but not be limited to, the appropriate components contained in an evidence collection kit for sexual assault examination distributed by the Forensic DNA Section of the State Crime Laboratory;

(A) "Appropriate emergency medical-legal examinations" means health care delivered with emphasis on the collection of evidence for the purpose of prosecution.

(B) It shall include, but not be limited to, the appropriate components contained in an evidence collection kit for sexual assault examination distributed by the Forensic DNA Section of the State Crime Laboratory;

(3) "Law enforcement agency" means a police force or organization whose primary responsibility as established by statute or ordinance is the enforcement of the criminal laws, traffic laws, or highway laws of this state;

(4) "Licensed healthcare provider" means a person licensed in a healthcare field who conducts medical-legal examinations or a medical facility that is currently licensed by the Department of Health and providing emergency services;

(5) "Medical-legal examination" means health care delivered to a possible victim of a sexual assault, with an emphasis on the gathering and preserving of evidence for the purpose of serving criminal justice;

(6) "Sexual assault" means an offense described in § 5-14-101 et seq. or § 5-26-202 ;

(7) "Sexual assault collection kit" means a human biological specimen or specimens collected during a medical-legal examination from the alleged victim of a sexual assault; and

(8) "Victim" means any person who has been a victim of any alleged sexual assault or incest as defined by § 5-14-101 et seq., except for a misdemeanor violation of sexual indecency with a child, § 5-14-110 , and § 5-26-202 .

Amended by Act 2023, No. 619,§ 13, eff. 8/1/2023.

Amended by Act 2021, No. 472,§ 1, eff. 7/28/2021.

Acts 1983, No. 403, §§ 1-3; A.S.A. 1947, §§ 41-1820 -- 41-1822; Acts 1991, No. 612, § 1; 2001, No. 993, § 1; 2003, No. 1390, § 3.
Ark. Code Ann. § 12-11-111 — AR Code / Title 12 / Chapter 11 / Section 12-11-111
Discretionary transport to sobering center - Definition
Status: in_force

(a) As used in this section, "sobering center" means a facility or setting for providing recovery, detoxification, and recuperation from the effects of an intoxicating substance, the focus of which is treating persons who are intoxicated or have substance abuse issues. (b) A law enforcement officer may, in the exercise of reasonable discretion, transport an intoxicated person to a sobering center for treatment as an alternative to conveying that person to a county, city, or regional detention facility for incarceration. (c) (1) When a law enforcement officer transports a person to and the person is admitted to a sobering center, the person is no longer legally in the custody of or detained by the law enforcement officer. (2) When the sobering center observation process begins, the person shall be considered to have admitted himself or herself voluntarily to the sobering center. (d) A sobering center may be associated with an acute care unit, community mental health center, or crisis stabilization unit. (e) A law enforcement officer acting in good faith in connection with the transportation of an intoxicated person to a sobering center is immune from civil or criminal liability for any allegation resulting from the transportation of the intoxicated person to the sobering center. (f) A person detained for boating or driving while intoxicated, § 5-65-103 , or for a felony offense is not eligible under this section to be transported to a sobering center. Amended by Act 2023, No. 83,§ 1, eff. 8/1/2023. Added by Act 2021, No. 587,§ 1, eff. 7/28/2021.

(a) As used in this section, "sobering center" means a facility or setting for providing recovery, detoxification, and recuperation from the effects of an intoxicating substance, the focus of which is treating persons who are intoxicated or have substance abuse issues.

(b) A law enforcement officer may, in the exercise of reasonable discretion, transport an intoxicated person to a sobering center for treatment as an alternative to conveying that person to a county, city, or regional detention facility for incarceration.

(c) (1) When a law enforcement officer transports a person to and the person is admitted to a sobering center, the person is no longer legally in the custody of or detained by the law enforcement officer. (2) When the sobering center observation process begins, the person shall be considered to have admitted himself or herself voluntarily to the sobering center.

(1) When a law enforcement officer transports a person to and the person is admitted to a sobering center, the person is no longer legally in the custody of or detained by the law enforcement officer.

(2) When the sobering center observation process begins, the person shall be considered to have admitted himself or herself voluntarily to the sobering center.

(d) A sobering center may be associated with an acute care unit, community mental health center, or crisis stabilization unit.

(e) A law enforcement officer acting in good faith in connection with the transportation of an intoxicated person to a sobering center is immune from civil or criminal liability for any allegation resulting from the transportation of the intoxicated person to the sobering center.

(f) A person detained for boating or driving while intoxicated, § 5-65-103 , or for a felony offense is not eligible under this section to be transported to a sobering center.

Amended by Act 2023, No. 83,§ 1, eff. 8/1/2023.

Added by Act 2021, No. 587,§ 1, eff. 7/28/2021.
Ark. Code Ann. § 12-18-606 — AR Code / Title 12 / Chapter 18 / Subchapter 6 / Section 12-18-606
When the alleged offender is a family member, a fictive kin, or lives in the home with the alleged victim
Status: in_force

If the alleged offender is a family member, fictive kin, or lives in the home with the alleged victim, an investigation under this chapter shall seek to ascertain: (1) The existence, cause, nature, and extent of the child maltreatment; (2) The existence and extent of previous injuries; (3) The identity of the person responsible for the child maltreatment; (4) The names and conditions of other children in the home; (5) The circumstances of the parents or caretakers of the child; (6) The environment where the child resides; (7) The relationship of the child or children with the parents or caretakers; and (8) All other pertinent data. Amended by Act 2019, No. 881,§ 3, eff. 7/24/2019. Acts 2009, No. 749, § 1.

If the alleged offender is a family member, fictive kin, or lives in the home with the alleged victim, an investigation under this chapter shall seek to ascertain:

(1) The existence, cause, nature, and extent of the child maltreatment;

(2) The existence and extent of previous injuries;

(3) The identity of the person responsible for the child maltreatment;

(4) The names and conditions of other children in the home;

(5) The circumstances of the parents or caretakers of the child;

(6) The environment where the child resides;

(7) The relationship of the child or children with the parents or caretakers; and

(8) All other pertinent data.

Amended by Act 2019, No. 881,§ 3, eff. 7/24/2019.

Acts 2009, No. 749, § 1.
Ark. Code Ann. § 12-18-909 — AR Code / Title 12 / Chapter 18 / Subchapter 9 / Section 12-18-909
Availability of true reports of child maltreatment from the central registry
Status: in_force

(a) True reports of child maltreatment are confidential and may be disclosed only as provided in this chapter. (b) (1) The Department of Human Services and the Division of Arkansas State Police may charge: (A) A reasonable fee not to exceed ten dollars ($10.00) for researching, copying, or mailing records from a child maltreatment investigative file; and (B) A reasonable fee for reproducing copies of electronic media, such as audio tables, video tapes, compact discs, DVDs, and photographs. (2) A fee may not be charged to: (A) A nonprofit or volunteer agency that requests searches of the investigative files; or (B) A person who is indigent. (c) (1) The Department of Human Services shall not release data that would identify the person who made the report unless a court of competent jurisdiction orders release of the information after the court has reviewed in camera the record related to the report and has found it has reason to believe that the reporter knowingly made a false report. (2) However, upon request, the information shall be disclosed to the prosecuting attorney or law enforcement. (d) (1) Any person or agency to whom disclosure is made shall not disclose to any other person a report or other information obtained pursuant to this section. (2) However, the person or agency is permitted to consult his or her or its own attorney regarding information provided by the Department of Human Services and the Division of Arkansas State Police. (3) However, a local educational agency or a school counselor shall forward all true reports of child maltreatment received from the Department of Human Services and the Division of Arkansas State Police when a child transfers from one (1) local educational agency to another and shall notify the Department of Human Services and the Division of Arkansas State Police of the child's new school and address, if known. (4) Nothing in this chapter shall be construed to prevent subsequent disclosure by the subject of the report. (5) Confidential data, records, reports, or documents created, collected, or compiled by or on behalf of the Department of Human Services, the Division of Arkansas State Police, or other entity authorized under this chapter to perform investigations or provide services to children, individuals, or families may be: (A) Disclosed to and discussed with a member of the Child Maltreatment Investigations Oversight Committee; and (B) Disclosed and discussed in closed meetings conducted by the Child Maltreatment Investigations Oversight Committee under § 10-3-3201 et seq. (e) (1) The Department of Human Services and the Division of Arkansas State Police may provide information, including protected health information, to a person or agency that provides services such as medical examination of, an assessment interview with, or diagnosis of, care for, treatment of, or supervision of a victim of child maltreatment, a juvenile offender, or an underaged juvenile offender. (2) This information may include: (A) The investigative determination or the investigation report; and (B) The services offered and provided. (f) If an alleged offender's name has been provisionally placed in the Child Maltreatment Central Registry, any disclosure by the registry shall include the notation that the name has only been provisionally placed in the registry. (g) A report made under this chapter that is determined to be true, as well as any other information obtained, including protected health information and the administrative hearing decision, and a report written or photograph or radiological procedure taken concerning a true report in the possession of the Department of Human Services and the Division of Arkansas State Police shall be confidential and shall be made available only to: (1) The administration of the adoption, foster care, children's and adult protective services programs, or childcare licensing programs of any state; (2) A federal, state, or local government entity, or any agent of the entity, having a need for the information in order to carry out its responsibilities under law to protect children from abuse or neglect; (3) Any person who is the subject of a true report; (4) A civil or administrative proceeding connected with the administration of the Arkansas child welfare state plan when the court or hearing officer determines that the information is necessary for the determination of an issue before the court or agency; (5) An audit or similar activity conducted in connection with the administration of such a plan or program by any governmental agency that may by law conduct the audit or activity; (6) (A) A person, agency, or organization engaged in a bona fide research or evaluation project having value as determined by the Department of Human Services and the Division of Arkansas State Police in future planning for programs for maltreated children or in developing policy directions. (B) However, any confidential information provided for a research or evaluation project under this subdivision (g)(6) shall not be redisclosed. (C) However, if a research or evaluation project results in the publication of related material, confidential information provided for a research or evaluation project under this subdivision (g)(6) shall not be disclosed; (7) A properly constituted authority, including multidisciplinary teams referenced in this chapter, investigating a report of known or suspected child abuse or neglect or providing services to a child or family that is the subject of a report; (8) (A) The Division of Child Care and Early Childhood Education and the childcare facility owner or operator who requested the registry information through a signed, notarized release or a release with an electronic signature as provided under § 25-32-107(d) from an individual who is a volunteer, has applied for employment, is currently employed by a childcare facility, or is the owner or operator of a childcare facility. (B) This disclosure shall be for the limited purpose of providing registry background information and shall indicate a true finding only; (9) Child abuse citizen review panels described in the Child Abuse Prevention and Treatment Act, 42 U.S.C. § 5106a ; (10) Child fatality review panels as authorized by the Department of Human Services; (11) A grand jury upon a finding that information in the record is necessary for the determination of an issue before the grand jury; (12) (A) A court in a criminal case upon finding that the information in the record is necessary for the determination of an issue before the court. (B) The court may disclose the report to parties under the terms of a protective order issued by the court; (13) (A) A court in a child custody or similar civil case upon finding that the information in the record is necessary for the determination of a health or safety issue concerning a child before the court. (B) The court may disclose the report to the parties under the terms or a protective order issued by the court; (14) The current foster parents of a child who is a subject of a report; (15) (A) Federal, state, and local government entities, or any agent of federal, state, or local government entities, that have a need for such information to carry out their responsibilities under law to protect children from child maltreatment. (B) Acting in their official capacities under law to protect children, disclosure may be made to individual United States and Arkansas senators and representatives and their authorized staff members, but only if they agree not to permit any redisclosure of the information except for a legitimate state purpose to protect children from child maltreatment. (C) However, disclosure shall not be made to any committee or legislative body of any information that identifies any recipient of services by name or address; (16) A Court Appointed Special Advocates volunteer upon presentation of an order of appointment for a child who is a subject of a report; (17) The attorney ad litem of a child who is the subject of a report; (18) (A) An employer or volunteer agency for purposes of screening an employee, applicant, or volunteer who is or will be engaged in employment or activity with children, the elderly, individuals with disabilities, or individuals with mental illness upon submission of a signed, notarized release or a release with an electronic signature as provided under § 25-32-107(d) from the employee, applicant, or volunteer. (B) The registry shall release only the following information on true reports to the employer or agency: (i) That the employee, applicant, or volunteer has a true report; (ii) The date the investigation was completed; and (iii) The type of true report; (19) The Division of Developmental Disabilities Services and the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services as to participants of the waiver program; (20) The Division of Child Care and Early Childhood Education for purposes of enforcement of licensing laws and rules; (21) Any licensing or registering authority to the extent necessary to carry out its official responsibilities; (22) Any person or entity to whom notification was provided under this chapter; (23) The extent necessary to carry out a responsibility to ensure that children are protected while in the school environment or during off-campus school activities: (A) A school district superintendent, a person in an equivalent position in a private school, or other district-level administrator; (B) A public school principal, a person in an equivalent position in a private school, or other building-level administrator; (C) (i) Another person or organization designated by a public school, private school, or school district to organize volunteers for the public school, private school, or school district upon the submission of a signed, notarized release or a release with an electronic signature as provided under § 25-32-107(d) from the volunteer. (ii) The registry shall release only the following information on true reports to a person or an organization: (a) That the employee, applicant, or volunteer has a true report; (b) The date the investigation was completed; and (c) The type of true report; and (D) Division of Elementary and Secondary Education; (24) The custodial and noncustodial parents, guardians, and legal custodians of the child who is identified as the offender; (25) 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 ; (26) The custodial parent, custodian, or guardian of a child who is or may be currently cared for or supervised by the offender; and (27) A Child Welfare Ombudsman. Amended by Act 2023, No. 710,§ 4, eff. 4/11/2023. Amended by Act 2023, No. 710,§ 3, eff. 4/11/2023. Amended by Act 2023, No. 710,§ 2, eff. 4/11/2023. Amended by Act 2021, No. 472,§ 5, eff. 7/28/2021. Amended by Act 2019, No. 315,§ 877, eff. 7/24/2019. Amended by Act 2019, No. 1081,§ 8, eff. 7/24/2019. Amended by Act 2019, No. 590,§ 3, eff. 7/24/2019. Amended by Act 2019, No. 531,§ 5, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 2227, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2226, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2225, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2224, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2223, eff. 7/1/2019. Amended by Act 2019, No. 945,§ 8, eff. 7/1/2019. Amended by Act 2017, No. 913,§ 37, eff. 8/1/2017. Amended by Act 2017, No. 713,§ 8, eff. 8/1/2017. Amended by Act 2017, No. 713,§ 7, eff. 8/1/2017. Amended by Act 2017, No. 528,§ 6, eff. 8/1/2017. Amended by Act 2017, No. 250,§ 16, eff. 8/1/2017. Amended by Act 2015, No. 1097,§ 3, eff. 7/22/2015. Amended by Act 2015, No. 1097,§ 2, eff. 7/22/2015. Amended by Act 2015, No. 1004,§ 35, eff. 7/22/2015. Amended by Act 2015, No. 1004,§ 34, eff. 7/22/2015. Amended by Act 2015, No. 1004,§ 33, eff. 7/22/2015. Amended by Act 2015, No. 1004,§ 32, eff. 7/22/2015. Amended by Act 2015, No. 1004,§ 31, eff. 7/22/2015. Amended by Act 2013, No. 1006,§ 31, eff. 8/16/2013. Amended by Act 2013, No. 1006,§ 30, eff. 8/16/2013. Amended by Act 2013, No. 1006,§ 29, eff. 8/16/2013. Amended by Act 2013, No. 575,§ 2, eff. 4/2/2013. Acts 2009, No. 749, § 1; 2011, No. 1143, § 23.

(a) True reports of child maltreatment are confidential and may be disclosed only as provided in this chapter.

(b) (1) The Department of Human Services and the Division of Arkansas State Police may charge: (A) A reasonable fee not to exceed ten dollars ($10.00) for researching, copying, or mailing records from a child maltreatment investigative file; and (B) A reasonable fee for reproducing copies of electronic media, such as audio tables, video tapes, compact discs, DVDs, and photographs. (2) A fee may not be charged to: (A) A nonprofit or volunteer agency that requests searches of the investigative files; or (B) A person who is indigent.

(1) The Department of Human Services and the Division of Arkansas State Police may charge: (A) A reasonable fee not to exceed ten dollars ($10.00) for researching, copying, or mailing records from a child maltreatment investigative file; and (B) A reasonable fee for reproducing copies of electronic media, such as audio tables, video tapes, compact discs, DVDs, and photographs.

(A) A reasonable fee not to exceed ten dollars ($10.00) for researching, copying, or mailing records from a child maltreatment investigative file; and

(B) A reasonable fee for reproducing copies of electronic media, such as audio tables, video tapes, compact discs, DVDs, and photographs.

(2) A fee may not be charged to: (A) A nonprofit or volunteer agency that requests searches of the investigative files; or (B) A person who is indigent.

(A) A nonprofit or volunteer agency that requests searches of the investigative files; or

(B) A person who is indigent.

(c) (1) The Department of Human Services shall not release data that would identify the person who made the report unless a court of competent jurisdiction orders release of the information after the court has reviewed in camera the record related to the report and has found it has reason to believe that the reporter knowingly made a false report. (2) However, upon request, the information shall be disclosed to the prosecuting attorney or law enforcement.

(1) The Department of Human Services shall not release data that would identify the person who made the report unless a court of competent jurisdiction orders release of the information after the court has reviewed in camera the record related to the report and has found it has reason to believe that the reporter knowingly made a false report.

(2) However, upon request, the information shall be disclosed to the prosecuting attorney or law enforcement.

(d) (1) Any person or agency to whom disclosure is made shall not disclose to any other person a report or other information obtained pursuant to this section. (2) However, the person or agency is permitted to consult his or her or its own attorney regarding information provided by the Department of Human Services and the Division of Arkansas State Police. (3) However, a local educational agency or a school counselor shall forward all true reports of child maltreatment received from the Department of Human Services and the Division of Arkansas State Police when a child transfers from one (1) local educational agency to another and shall notify the Department of Human Services and the Division of Arkansas State Police of the child's new school and address, if known. (4) Nothing in this chapter shall be construed to prevent subsequent disclosure by the subject of the report. (5) Confidential data, records, reports, or documents created, collected, or compiled by or on behalf of the Department of Human Services, the Division of Arkansas State Police, or other entity authorized under this chapter to perform investigations or provide services to children, individuals, or families may be: (A) Disclosed to and discussed with a member of the Child Maltreatment Investigations Oversight Committee; and (B) Disclosed and discussed in closed meetings conducted by the Child Maltreatment Investigations Oversight Committee under § 10-3-3201 et seq.

(1) Any person or agency to whom disclosure is made shall not disclose to any other person a report or other information obtained pursuant to this section.

(2) However, the person or agency is permitted to consult his or her or its own attorney regarding information provided by the Department of Human Services and the Division of Arkansas State Police.

(3) However, a local educational agency or a school counselor shall forward all true reports of child maltreatment received from the Department of Human Services and the Division of Arkansas State Police when a child transfers from one (1) local educational agency to another and shall notify the Department of Human Services and the Division of Arkansas State Police of the child's new school and address, if known.

(4) Nothing in this chapter shall be construed to prevent subsequent disclosure by the subject of the report.

(5) Confidential data, records, reports, or documents created, collected, or compiled by or on behalf of the Department of Human Services, the Division of Arkansas State Police, or other entity authorized under this chapter to perform investigations or provide services to children, individuals, or families may be: (A) Disclosed to and discussed with a member of the Child Maltreatment Investigations Oversight Committee; and (B) Disclosed and discussed in closed meetings conducted by the Child Maltreatment Investigations Oversight Committee under § 10-3-3201 et seq.

(A) Disclosed to and discussed with a member of the Child Maltreatment Investigations Oversight Committee; and

(B) Disclosed and discussed in closed meetings conducted by the Child Maltreatment Investigations Oversight Committee under § 10-3-3201 et seq.

(e) (1) The Department of Human Services and the Division of Arkansas State Police may provide information, including protected health information, to a person or agency that provides services such as medical examination of, an assessment interview with, or diagnosis of, care for, treatment of, or supervision of a victim of child maltreatment, a juvenile offender, or an underaged juvenile offender. (2) This information may include: (A) The investigative determination or the investigation report; and (B) The services offered and provided.

(1) The Department of Human Services and the Division of Arkansas State Police may provide information, including protected health information, to a person or agency that provides services such as medical examination of, an assessment interview with, or diagnosis of, care for, treatment of, or supervision of a victim of child maltreatment, a juvenile offender, or an underaged juvenile offender.

(2) This information may include: (A) The investigative determination or the investigation report; and (B) The services offered and provided.

(A) The investigative determination or the investigation report; and

(B) The services offered and provided.

(f) If an alleged offender's name has been provisionally placed in the Child Maltreatment Central Registry, any disclosure by the registry shall include the notation that the name has only been provisionally placed in the registry.

(g) A report made under this chapter that is determined to be true, as well as any other information obtained, including protected health information and the administrative hearing decision, and a report written or photograph or radiological procedure taken concerning a true report in the possession of the Department of Human Services and the Division of Arkansas State Police shall be confidential and shall be made available only to: (1) The administration of the adoption, foster care, children's and adult protective services programs, or childcare licensing programs of any state; (2) A federal, state, or local government entity, or any agent of the entity, having a need for the information in order to carry out its responsibilities under law to protect children from abuse or neglect; (3) Any person who is the subject of a true report; (4) A civil or administrative proceeding connected with the administration of the Arkansas child welfare state plan when the court or hearing officer determines that the information is necessary for the determination of an issue before the court or agency; (5) An audit or similar activity conducted in connection with the administration of such a plan or program by any governmental agency that may by law conduct the audit or activity; (6) (A) A person, agency, or organization engaged in a bona fide research or evaluation project having value as determined by the Department of Human Services and the Division of Arkansas State Police in future planning for programs for maltreated children or in developing policy directions. (B) However, any confidential information provided for a research or evaluation project under this subdivision (g)(6) shall not be redisclosed. (C) However, if a research or evaluation project results in the publication of related material, confidential information provided for a research or evaluation project under this subdivision (g)(6) shall not be disclosed; (7) A properly constituted authority, including multidisciplinary teams referenced in this chapter, investigating a report of known or suspected child abuse or neglect or providing services to a child or family that is the subject of a report; (8) (A) The Division of Child Care and Early Childhood Education and the childcare facility owner or operator who requested the registry information through a signed, notarized release or a release with an electronic signature as provided under § 25-32-107(d) from an individual who is a volunteer, has applied for employment, is currently employed by a childcare facility, or is the owner or operator of a childcare facility. (B) This disclosure shall be for the limited purpose of providing registry background information and shall indicate a true finding only; (9) Child abuse citizen review panels described in the Child Abuse Prevention and Treatment Act, 42 U.S.C. § 5106a ; (10) Child fatality review panels as authorized by the Department of Human Services; (11) A grand jury upon a finding that information in the record is necessary for the determination of an issue before the grand jury; (12) (A) A court in a criminal case upon finding that the information in the record is necessary for the determination of an issue before the court. (B) The court may disclose the report to parties under the terms of a protective order issued by the court; (13) (A) A court in a child custody or similar civil case upon finding that the information in the record is necessary for the determination of a health or safety issue concerning a child before the court. (B) The court may disclose the report to the parties under the terms or a protective order issued by the court; (14) The current foster parents of a child who is a subject of a report; (15) (A) Federal, state, and local government entities, or any agent of federal, state, or local government entities, that have a need for such information to carry out their responsibilities under law to protect children from child maltreatment. (B) Acting in their official capacities under law to protect children, disclosure may be made to individual United States and Arkansas senators and representatives and their authorized staff members, but only if they agree not to permit any redisclosure of the information except for a legitimate state purpose to protect children from child maltreatment. (C) However, disclosure shall not be made to any committee or legislative body of any information that identifies any recipient of services by name or address; (16) A Court Appointed Special Advocates volunteer upon presentation of an order of appointment for a child who is a subject of a report; (17) The attorney ad litem of a child who is the subject of a report; (18) (A) An employer or volunteer agency for purposes of screening an employee, applicant, or volunteer who is or will be engaged in employment or activity with children, the elderly, individuals with disabilities, or individuals with mental illness upon submission of a signed, notarized release or a release with an electronic signature as provided under § 25-32-107(d) from the employee, applicant, or volunteer. (B) The registry shall release only the following information on true reports to the employer or agency: (i) That the employee, applicant, or volunteer has a true report; (ii) The date the investigation was completed; and (iii) The type of true report; (19) The Division of Developmental Disabilities Services and the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services as to participants of the waiver program; (20) The Division of Child Care and Early Childhood Education for purposes of enforcement of licensing laws and rules; (21) Any licensing or registering authority to the extent necessary to carry out its official responsibilities; (22) Any person or entity to whom notification was provided under this chapter; (23) The extent necessary to carry out a responsibility to ensure that children are protected while in the school environment or during off-campus school activities: (A) A school district superintendent, a person in an equivalent position in a private school, or other district-level administrator; (B) A public school principal, a person in an equivalent position in a private school, or other building-level administrator; (C) (i) Another person or organization designated by a public school, private school, or school district to organize volunteers for the public school, private school, or school district upon the submission of a signed, notarized release or a release with an electronic signature as provided under § 25-32-107(d) from the volunteer. (ii) The registry shall release only the following information on true reports to a person or an organization: (a) That the employee, applicant, or volunteer has a true report; (b) The date the investigation was completed; and (c) The type of true report; and (D) Division of Elementary and Secondary Education; (24) The custodial and noncustodial parents, guardians, and legal custodians of the child who is identified as the offender; (25) 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 ; (26) The custodial parent, custodian, or guardian of a child who is or may be currently cared for or supervised by the offender; and (27) A Child Welfare Ombudsman.

(1) The administration of the adoption, foster care, children's and adult protective services programs, or childcare licensing programs of any state;

(2) A federal, state, or local government entity, or any agent of the entity, having a need for the information in order to carry out its responsibilities under law to protect children from abuse or neglect;

(3) Any person who is the subject of a true report;

(4) A civil or administrative proceeding connected with the administration of the Arkansas child welfare state plan when the court or hearing officer determines that the information is necessary for the determination of an issue before the court or agency;

(5) An audit or similar activity conducted in connection with the administration of such a plan or program by any governmental agency that may by law conduct the audit or activity;

(6) (A) A person, agency, or organization engaged in a bona fide research or evaluation project having value as determined by the Department of Human Services and the Division of Arkansas State Police in future planning for programs for maltreated children or in developing policy directions. (B) However, any confidential information provided for a research or evaluation project under this subdivision (g)(6) shall not be redisclosed. (C) However, if a research or evaluation project results in the publication of related material, confidential information provided for a research or evaluation project under this subdivision (g)(6) shall not be disclosed;

(A) A person, agency, or organization engaged in a bona fide research or evaluation project having value as determined by the Department of Human Services and the Division of Arkansas State Police in future planning for programs for maltreated children or in developing policy directions.

(B) However, any confidential information provided for a research or evaluation project under this subdivision (g)(6) shall not be redisclosed.

(C) However, if a research or evaluation project results in the publication of related material, confidential information provided for a research or evaluation project under this subdivision (g)(6) shall not be disclosed;

(7) A properly constituted authority, including multidisciplinary teams referenced in this chapter, investigating a report of known or suspected child abuse or neglect or providing services to a child or family that is the subject of a report;

(8) (A) The Division of Child Care and Early Childhood Education and the childcare facility owner or operator who requested the registry information through a signed, notarized release or a release with an electronic signature as provided under § 25-32-107(d) from an individual who is a volunteer, has applied for employment, is currently employed by a childcare facility, or is the owner or operator of a childcare facility. (B) This disclosure shall be for the limited purpose of providing registry background information and shall indicate a true finding only;

(A) The Division of Child Care and Early Childhood Education and the childcare facility owner or operator who requested the registry information through a signed, notarized release or a release with an electronic signature as provided under § 25-32-107(d) from an individual who is a volunteer, has applied for employment, is currently employed by a childcare facility, or is the owner or operator of a childcare facility.

(B) This disclosure shall be for the limited purpose of providing registry background information and shall indicate a true finding only;

(9) Child abuse citizen review panels described in the Child Abuse Prevention and Treatment Act, 42 U.S.C. § 5106a ;

(10) Child fatality review panels as authorized by the Department of Human Services;

(11) A grand jury upon a finding that information in the record is necessary for the determination of an issue before the grand jury;

(12) (A) A court in a criminal case upon finding that the information in the record is necessary for the determination of an issue before the court. (B) The court may disclose the report to parties under the terms of a protective order issued by the court;

(A) A court in a criminal case upon finding that the information in the record is necessary for the determination of an issue before the court.

(B) The court may disclose the report to parties under the terms of a protective order issued by the court;

(13) (A) A court in a child custody or similar civil case upon finding that the information in the record is necessary for the determination of a health or safety issue concerning a child before the court. (B) The court may disclose the report to the parties under the terms or a protective order issued by the court;

(A) A court in a child custody or similar civil case upon finding that the information in the record is necessary for the determination of a health or safety issue concerning a child before the court.

(B) The court may disclose the report to the parties under the terms or a protective order issued by the court;

(14) The current foster parents of a child who is a subject of a report;

(15) (A) Federal, state, and local government entities, or any agent of federal, state, or local government entities, that have a need for such information to carry out their responsibilities under law to protect children from child maltreatment. (B) Acting in their official capacities under law to protect children, disclosure may be made to individual United States and Arkansas senators and representatives and their authorized staff members, but only if they agree not to permit any redisclosure of the information except for a legitimate state purpose to protect children from child maltreatment. (C) However, disclosure shall not be made to any committee or legislative body of any information that identifies any recipient of services by name or address;

(A) Federal, state, and local government entities, or any agent of federal, state, or local government entities, that have a need for such information to carry out their responsibilities under law to protect children from child maltreatment.

(B) Acting in their official capacities under law to protect children, disclosure may be made to individual United States and Arkansas senators and representatives and their authorized staff members, but only if they agree not to permit any redisclosure of the information except for a legitimate state purpose to protect children from child maltreatment.

(C) However, disclosure shall not be made to any committee or legislative body of any information that identifies any recipient of services by name or address;

(16) A Court Appointed Special Advocates volunteer upon presentation of an order of appointment for a child who is a subject of a report;

(17) The attorney ad litem of a child who is the subject of a report;

(18) (A) An employer or volunteer agency for purposes of screening an employee, applicant, or volunteer who is or will be engaged in employment or activity with children, the elderly, individuals with disabilities, or individuals with mental illness upon submission of a signed, notarized release or a release with an electronic signature as provided under § 25-32-107(d) from the employee, applicant, or volunteer. (B) The registry shall release only the following information on true reports to the employer or agency: (i) That the employee, applicant, or volunteer has a true report; (ii) The date the investigation was completed; and (iii) The type of true report;

(A) An employer or volunteer agency for purposes of screening an employee, applicant, or volunteer who is or will be engaged in employment or activity with children, the elderly, individuals with disabilities, or individuals with mental illness upon submission of a signed, notarized release or a release with an electronic signature as provided under § 25-32-107(d) from the employee, applicant, or volunteer.

(B) The registry shall release only the following information on true reports to the employer or agency: (i) That the employee, applicant, or volunteer has a true report; (ii) The date the investigation was completed; and (iii) The type of true report;

(i) That the employee, applicant, or volunteer has a true report;

(ii) The date the investigation was completed; and

(iii) The type of true report;

(19) The Division of Developmental Disabilities Services and the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services as to participants of the waiver program;

(20) The Division of Child Care and Early Childhood Education for purposes of enforcement of licensing laws and rules;

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

(22) Any person or entity to whom notification was provided under this chapter;

(23) The extent necessary to carry out a responsibility to ensure that children are protected while in the school environment or during off-campus school activities: (A) A school district superintendent, a person in an equivalent position in a private school, or other district-level administrator; (B) A public school principal, a person in an equivalent position in a private school, or other building-level administrator; (C) (i) Another person or organization designated by a public school, private school, or school district to organize volunteers for the public school, private school, or school district upon the submission of a signed, notarized release or a release with an electronic signature as provided under § 25-32-107(d) from the volunteer. (ii) The registry shall release only the following information on true reports to a person or an organization: (a) That the employee, applicant, or volunteer has a true report; (b) The date the investigation was completed; and (c) The type of true report; and (D) Division of Elementary and Secondary Education;

(A) A school district superintendent, a person in an equivalent position in a private school, or other district-level administrator;

(B) A public school principal, a person in an equivalent position in a private school, or other building-level administrator;

(C) (i) Another person or organization designated by a public school, private school, or school district to organize volunteers for the public school, private school, or school district upon the submission of a signed, notarized release or a release with an electronic signature as provided under § 25-32-107(d) from the volunteer. (ii) The registry shall release only the following information on true reports to a person or an organization: (a) That the employee, applicant, or volunteer has a true report; (b) The date the investigation was completed; and (c) The type of true report; and

(i) Another person or organization designated by a public school, private school, or school district to organize volunteers for the public school, private school, or school district upon the submission of a signed, notarized release or a release with an electronic signature as provided under § 25-32-107(d) from the volunteer.

(ii) The registry shall release only the following information on true reports to a person or an organization: (a) That the employee, applicant, or volunteer has a true report; (b) The date the investigation was completed; and (c) The type of true report; and

(a) That the employee, applicant, or volunteer has a true report;

(b) The date the investigation was completed; and

(c) The type of true report; and

(D) Division of Elementary and Secondary Education;

(24) The custodial and noncustodial parents, guardians, and legal custodians of the child who is identified as the offender;

(25) 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 ;

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

(27) A Child Welfare Ombudsman.

Amended by Act 2023, No. 710,§ 4, eff. 4/11/2023.

Amended by Act 2023, No. 710,§ 3, eff. 4/11/2023.

Amended by Act 2023, No. 710,§ 2, eff. 4/11/2023.

Amended by Act 2021, No. 472,§ 5, eff. 7/28/2021.

Amended by Act 2019, No. 315,§ 877, eff. 7/24/2019.

Amended by Act 2019, No. 1081,§ 8, eff. 7/24/2019.

Amended by Act 2019, No. 590,§ 3, eff. 7/24/2019.

Amended by Act 2019, No. 531,§ 5, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 2227, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2226, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2225, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2224, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2223, eff. 7/1/2019.

Amended by Act 2019, No. 945,§ 8, eff. 7/1/2019.

Amended by Act 2017, No. 913,§ 37, eff. 8/1/2017.

Amended by Act 2017, No. 713,§ 8, eff. 8/1/2017.

Amended by Act 2017, No. 713,§ 7, eff. 8/1/2017.

Amended by Act 2017, No. 528,§ 6, eff. 8/1/2017.

Amended by Act 2017, No. 250,§ 16, eff. 8/1/2017.

Amended by Act 2015, No. 1097,§ 3, eff. 7/22/2015.

Amended by Act 2015, No. 1097,§ 2, eff. 7/22/2015.

Amended by Act 2015, No. 1004,§ 35, eff. 7/22/2015.

Amended by Act 2015, No. 1004,§ 34, eff. 7/22/2015.

Amended by Act 2015, No. 1004,§ 33, eff. 7/22/2015.

Amended by Act 2015, No. 1004,§ 32, eff. 7/22/2015.

Amended by Act 2015, No. 1004,§ 31, eff. 7/22/2015.

Amended by Act 2013, No. 1006,§ 31, eff. 8/16/2013.

Amended by Act 2013, No. 1006,§ 30, eff. 8/16/2013.

Amended by Act 2013, No. 1006,§ 29, eff. 8/16/2013.

Amended by Act 2013, No. 575,§ 2, eff. 4/2/2013.

Acts 2009, No. 749, § 1; 2011, No. 1143, § 23.
Ark. Code Ann. § 12-12-111 — AR Code / Title 12 / Chapter 12 / Subchapter 1 / Section 12-12-111
Investigation by Attorney General
Status: in_force

(a) The Attorney General may conduct an investigation when the Attorney General receives information sufficient to constitute probable cause to investigate one (1) or more of the following offenses: (1) Riot, § 5-71-201 ; (2) Aggravated riot, § 5-71-202 ; (3) Inciting riot, § 5-71-203 ; or (4) Obstructing a highway or other public passage, § 5-71-214 . (b) The Attorney General may refer findings of an investigation under this section to the prosecuting attorney with jurisdiction for possible criminal prosecution. Added by Act 2021, No. 1014,§ 11, eff. 7/28/2021.

(a) The Attorney General may conduct an investigation when the Attorney General receives information sufficient to constitute probable cause to investigate one (1) or more of the following offenses: (1) Riot, § 5-71-201 ; (2) Aggravated riot, § 5-71-202 ; (3) Inciting riot, § 5-71-203 ; or (4) Obstructing a highway or other public passage, § 5-71-214 .

(1) Riot, § 5-71-201 ;

(2) Aggravated riot, § 5-71-202 ;

(3) Inciting riot, § 5-71-203 ; or

(4) Obstructing a highway or other public passage, § 5-71-214 .

(b) The Attorney General may refer findings of an investigation under this section to the prosecuting attorney with jurisdiction for possible criminal prosecution.

Added by Act 2021, No. 1014,§ 11, eff. 7/28/2021.
Ark. Code Ann. § 12-10-206 — AR Code / Title 12 / Chapter 10 / Subchapter 2 / Section 12-10-206
Assigned county operating frequency
Status: in_force

The following counties shall be assigned the following frequencies: (1) Thirty-seven and four hundredths megahertz (37.04 MHz): Calhoun, Chicot, Clark, Faulkner, Fulton, Little River, Monroe, Newton, Poinsett, and Scott; (2) Thirty-seven and six hundredths megahertz (37.06 MHz): Ashley, Benton, Cleburne, Columbia, Cross, Jefferson, Howard, Logan, Marion, and Randolph; (3) Thirty-seven and eight hundredths megahertz (37.08 MHz): Baxter, Clay, Drew, Lonoke, Ouachita, Sevier, and Yell; (4) Thirty-seven and twelve hundredths megahertz (37.12 MHz): Craighead, Dallas, Desha, Madison, Polk, Prairie, and Stone; (5) Thirty-seven and fourteen hundredths megahertz (37.14 MHz): Carroll, Hot Spring, Lawrence, Lee, Lincoln, and Van Buren; (6) Thirty-seven and sixteen hundredths megahertz (37.16 MHz): Arkansas, Boone, Crittenden, Nevada, Perry, and Sharp; (7) Thirty-seven and twenty-eight hundredths megahertz (37.28 MHz): Grant, Greene, Johnson, Lafayette, Montgomery, Phillips, and White; (8) Thirty-seven and thirty-two hundredths megahertz (37.32 MHz): Cleveland, Conway, Franklin, Independence, Pike, and St. Francis; (9) Thirty-seven and thirty-six hundredths megahertz (37.36 MHz): Bradley, Crawford, Izard, Mississippi, Pope, Saline, and Woodruff; (10) Thirty-seven and four tenths megahertz (37.40 MHz): Jackson, Hempstead, Searcy, and Union; and (11) Thirty-seven and forty-two hundredths megahertz (37.42 MHz): Sebastian. Acts 1979, No. 520, § 3; A.S.A. 1947, § 42-1103.

The following counties shall be assigned the following frequencies:

(1) Thirty-seven and four hundredths megahertz (37.04 MHz): Calhoun, Chicot, Clark, Faulkner, Fulton, Little River, Monroe, Newton, Poinsett, and Scott;

(2) Thirty-seven and six hundredths megahertz (37.06 MHz): Ashley, Benton, Cleburne, Columbia, Cross, Jefferson, Howard, Logan, Marion, and Randolph;

(3) Thirty-seven and eight hundredths megahertz (37.08 MHz): Baxter, Clay, Drew, Lonoke, Ouachita, Sevier, and Yell;

(4) Thirty-seven and twelve hundredths megahertz (37.12 MHz): Craighead, Dallas, Desha, Madison, Polk, Prairie, and Stone;

(5) Thirty-seven and fourteen hundredths megahertz (37.14 MHz): Carroll, Hot Spring, Lawrence, Lee, Lincoln, and Van Buren;

(6) Thirty-seven and sixteen hundredths megahertz (37.16 MHz): Arkansas, Boone, Crittenden, Nevada, Perry, and Sharp;

(7) Thirty-seven and twenty-eight hundredths megahertz (37.28 MHz): Grant, Greene, Johnson, Lafayette, Montgomery, Phillips, and White;

(8) Thirty-seven and thirty-two hundredths megahertz (37.32 MHz): Cleveland, Conway, Franklin, Independence, Pike, and St. Francis;

(9) Thirty-seven and thirty-six hundredths megahertz (37.36 MHz): Bradley, Crawford, Izard, Mississippi, Pope, Saline, and Woodruff;

(10) Thirty-seven and four tenths megahertz (37.40 MHz): Jackson, Hempstead, Searcy, and Union; and

(11) Thirty-seven and forty-two hundredths megahertz (37.42 MHz): Sebastian.

Acts 1979, No. 520, § 3; A.S.A. 1947, § 42-1103.
Ark. Code Ann. § 12-9-506 — AR Code / Title 12 / Chapter 9 / Subchapter 5 / Section 12-9-506
Compensation
Status: in_force

In order to ensure the best available training, education, and programs, the Criminal Justice Institute is authorized to pay honoraria to state, county, and municipal employees upon approval of their supervisors and within their line item salary maximum limits. Acts 1993, No. 1111, § 6.

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

Acts 1993, No. 1111, § 6.
Ark. Code Ann. § 12-88-104 — AR Code / Title 12 / Chapter 88 / Section 12-88-104
Exemptions from certain taxes and regulatory requirements
Status: in_force

(a) (1) An out-of-state business that conducts operations within the state for the purpose of performing work or services related to a declared state disaster or emergency during a disaster response period is exempt from: (A) Registering, filing, and remitting state or local taxes; and (B) Complying with state licensing, certification, and registration requirements. (2) The exemptions provided in subdivision (a)(1) of this section apply to state and local business and occupational licensing and registration requirements and state and local taxes or fees, including without limitation: (A) Unemployment insurance contributions; (B) State and local occupational licensing fees and privilege taxes; (C) State and local income taxes; (D) State and local sales and use taxes on property temporarily brought into the state for use during the disaster response period and subsequently removed from the state; and (E) State licensing, certification, and registration requirements. (3) (A) For purposes of a state or local tax on or measured by, in whole or in part, net or gross income or receipts, all activity of the out-of-state business that is conducted in this state under this chapter is exempt from filing requirements for the state or local tax, including without limitation any filing required for a unitary or combined group of which the out-of-state business may be a part. (B) For the purpose of apportioning income, revenue, or receipts, the performance by an out-of-state business of disaster-related or emergency-related work under this chapter shall not be sourced to or otherwise impact or increase the amount of income, revenue, or receipts apportioned to this state. (b) During a disaster response period, an out-of-state employee is not: (1) Required to file or pay Arkansas income taxes; (2) Subject to Arkansas income tax withholdings; or (3) Required to file or pay any other state or local tax or fee, including related state or local employer withholding and remittance obligations but not including transaction taxes or fees described in § 12-88-105 . (c) However, out-of-state businesses and out-of-state employees are subject to any applicable ad valorem taxes. Added by Act 2015, No. 864,§ 1, eff. 3/31/2015.

(a) (1) An out-of-state business that conducts operations within the state for the purpose of performing work or services related to a declared state disaster or emergency during a disaster response period is exempt from: (A) Registering, filing, and remitting state or local taxes; and (B) Complying with state licensing, certification, and registration requirements. (2) The exemptions provided in subdivision (a)(1) of this section apply to state and local business and occupational licensing and registration requirements and state and local taxes or fees, including without limitation: (A) Unemployment insurance contributions; (B) State and local occupational licensing fees and privilege taxes; (C) State and local income taxes; (D) State and local sales and use taxes on property temporarily brought into the state for use during the disaster response period and subsequently removed from the state; and (E) State licensing, certification, and registration requirements. (3) (A) For purposes of a state or local tax on or measured by, in whole or in part, net or gross income or receipts, all activity of the out-of-state business that is conducted in this state under this chapter is exempt from filing requirements for the state or local tax, including without limitation any filing required for a unitary or combined group of which the out-of-state business may be a part. (B) For the purpose of apportioning income, revenue, or receipts, the performance by an out-of-state business of disaster-related or emergency-related work under this chapter shall not be sourced to or otherwise impact or increase the amount of income, revenue, or receipts apportioned to this state.

(1) An out-of-state business that conducts operations within the state for the purpose of performing work or services related to a declared state disaster or emergency during a disaster response period is exempt from: (A) Registering, filing, and remitting state or local taxes; and (B) Complying with state licensing, certification, and registration requirements.

(A) Registering, filing, and remitting state or local taxes; and

(B) Complying with state licensing, certification, and registration requirements.

(2) The exemptions provided in subdivision (a)(1) of this section apply to state and local business and occupational licensing and registration requirements and state and local taxes or fees, including without limitation: (A) Unemployment insurance contributions; (B) State and local occupational licensing fees and privilege taxes; (C) State and local income taxes; (D) State and local sales and use taxes on property temporarily brought into the state for use during the disaster response period and subsequently removed from the state; and (E) State licensing, certification, and registration requirements.

(A) Unemployment insurance contributions;

(B) State and local occupational licensing fees and privilege taxes;

(C) State and local income taxes;

(D) State and local sales and use taxes on property temporarily brought into the state for use during the disaster response period and subsequently removed from the state; and

(E) State licensing, certification, and registration requirements.

(3) (A) For purposes of a state or local tax on or measured by, in whole or in part, net or gross income or receipts, all activity of the out-of-state business that is conducted in this state under this chapter is exempt from filing requirements for the state or local tax, including without limitation any filing required for a unitary or combined group of which the out-of-state business may be a part. (B) For the purpose of apportioning income, revenue, or receipts, the performance by an out-of-state business of disaster-related or emergency-related work under this chapter shall not be sourced to or otherwise impact or increase the amount of income, revenue, or receipts apportioned to this state.

(A) For purposes of a state or local tax on or measured by, in whole or in part, net or gross income or receipts, all activity of the out-of-state business that is conducted in this state under this chapter is exempt from filing requirements for the state or local tax, including without limitation any filing required for a unitary or combined group of which the out-of-state business may be a part.

(B) For the purpose of apportioning income, revenue, or receipts, the performance by an out-of-state business of disaster-related or emergency-related work under this chapter shall not be sourced to or otherwise impact or increase the amount of income, revenue, or receipts apportioned to this state.

(b) During a disaster response period, an out-of-state employee is not: (1) Required to file or pay Arkansas income taxes; (2) Subject to Arkansas income tax withholdings; or (3) Required to file or pay any other state or local tax or fee, including related state or local employer withholding and remittance obligations but not including transaction taxes or fees described in § 12-88-105 .

(1) Required to file or pay Arkansas income taxes;

(2) Subject to Arkansas income tax withholdings; or

(3) Required to file or pay any other state or local tax or fee, including related state or local employer withholding and remittance obligations but not including transaction taxes or fees described in § 12-88-105 .

(c) However, out-of-state businesses and out-of-state employees are subject to any applicable ad valorem taxes.

Added by Act 2015, No. 864,§ 1, eff. 3/31/2015.
Ark. Code Ann. § 12-64-406 — AR Code / Title 12 / Chapter 64 / Subchapter 4 / Section 12-64-406
Convening courts-martial
Status: in_force

(a) General, special, and summary courts-martial may be convened by the Governor or the commanding general of the organized militia. (b) Special courts-martial may be convened by the commanding officer of a garrison, fort, post, camp, air base, auxiliary air base, or other place where troops are on duty, or of a brigade, regiment, wing, group, detached battalion, separate squadron, or other detached command. (c) (1) Summary courts-martial consisting of one (1) commissioned officer may be convened by the commanding officer of a garrison, fort, post, camp, air base, auxiliary air base, or other place where the troops are on duty, or of a brigade, regiment, wing, group, detached battalion, squadron, company, or other detachment. (2) The proceedings shall be informal. Amended by Act 2017, No. 250,§ 29, eff. 8/1/2017. Amended by Act 2015, No. 1003,§ 14, eff. 7/22/2015. Acts 1969, No. 50, §§ 68-70; A.S.A. 1947, §§ 11-623 -- 11-625.

(a) General, special, and summary courts-martial may be convened by the Governor or the commanding general of the organized militia.

(b) Special courts-martial may be convened by the commanding officer of a garrison, fort, post, camp, air base, auxiliary air base, or other place where troops are on duty, or of a brigade, regiment, wing, group, detached battalion, separate squadron, or other detached command.

(c) (1) Summary courts-martial consisting of one (1) commissioned officer may be convened by the commanding officer of a garrison, fort, post, camp, air base, auxiliary air base, or other place where the troops are on duty, or of a brigade, regiment, wing, group, detached battalion, squadron, company, or other detachment. (2) The proceedings shall be informal.

(1) Summary courts-martial consisting of one (1) commissioned officer may be convened by the commanding officer of a garrison, fort, post, camp, air base, auxiliary air base, or other place where the troops are on duty, or of a brigade, regiment, wing, group, detached battalion, squadron, company, or other detachment.

(2) The proceedings shall be informal.

Amended by Act 2017, No. 250,§ 29, eff. 8/1/2017.

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

Acts 1969, No. 50, §§ 68-70; A.S.A. 1947, §§ 11-623 -- 11-625.
Ark. Code Ann. § 12-18-1006 — AR Code / Title 12 / Chapter 18 / Subchapter 10 / Section 12-18-1006
Custody of children generally - Health and safety of the child
Status: in_force

(a) (1) During the course of any child maltreatment investigation, whether conducted by the Department of Human Services or the Division of Arkansas State Police, the Department of Human Services shall assess the health and safety of a child who is subject to the child maltreatment investigation and determine whether or not custody under this subchapter is required. (2) If the Division of Arkansas State Police is the investigative agency, it shall disclose information as needed for the Department of Human Services to assess the health and safety of a child subject to the child maltreatment investigation and determine whether or not custody under this subchapter is required. (b) The child's health and safety shall be the paramount concern in determining whether or not to exercise custody under this subchapter. Amended by Act 2019, No. 531,§ 8, eff. 7/24/2019. Amended by Act 2015, No. 1026,§ 15, eff. 7/22/2015. Acts 2009, No. 749, § 1.

(a) (1) During the course of any child maltreatment investigation, whether conducted by the Department of Human Services or the Division of Arkansas State Police, the Department of Human Services shall assess the health and safety of a child who is subject to the child maltreatment investigation and determine whether or not custody under this subchapter is required. (2) If the Division of Arkansas State Police is the investigative agency, it shall disclose information as needed for the Department of Human Services to assess the health and safety of a child subject to the child maltreatment investigation and determine whether or not custody under this subchapter is required.

(1) During the course of any child maltreatment investigation, whether conducted by the Department of Human Services or the Division of Arkansas State Police, the Department of Human Services shall assess the health and safety of a child who is subject to the child maltreatment investigation and determine whether or not custody under this subchapter is required.

(2) If the Division of Arkansas State Police is the investigative agency, it shall disclose information as needed for the Department of Human Services to assess the health and safety of a child subject to the child maltreatment investigation and determine whether or not custody under this subchapter is required.

(b) The child's health and safety shall be the paramount concern in determining whether or not to exercise custody under this subchapter.

Amended by Act 2019, No. 531,§ 8, eff. 7/24/2019.

Amended by Act 2015, No. 1026,§ 15, eff. 7/22/2015.

Acts 2009, No. 749, § 1.
Ark. Code Ann. § 12-75-134 — AR Code / Title 12 / Chapter 75 / Subchapter 1 / Section 12-75-134
Religious organization - Disaster emergency - Definitions
Status: in_force

(a) As used in this section: (1) "Discriminatory action" means an action taken by the Governor to: (A) Alter the tax treatment of, or cause any tax, penalty, or payment to be assessed against, or deny, delay, revoke, or otherwise make unavailable an exemption from taxation; (B) Disallow, deny, or otherwise make unavailable a deduction for state tax purposes of any charitable contribution made to or by a religious organization; (C) Impose, levy, or assess a monetary fine, fee, civil or criminal penalty, damages award, or injunction; or (D) Withhold, reduce, exclude, terminate, materially alter the terms or conditions of, or otherwise make unavailable or deny any: (i) State grant, contract, subcontract, cooperative agreement, guarantee, loan, scholarship, or other similar benefit from or to a religious organization; (ii) Entitlement or benefit under a state benefit program from or to a religious organization; or (iii) License, certification, accreditation, recognition, or other similar benefit, position, or status from or to a religious organization; (2) "Governor" includes: (A) A state governmental entity or official acting under this subchapter; and (B) A local governmental entity or official acting under this subchapter; (3) "Religious organization" means: (A) A house of worship, including without limitation a church, synagogue, shrine, mosque, or temple; (B) A religious group, corporation, association, educational institution, ministry, order, society, or similar entity, without regard to whether the entity is integrated or affiliated with a house of worship; or (C) An officer, owner, employee, manager, religious leader, clergy, or minister of an entity or organization under this subdivision (a)(3); and (4) "Religious service" means a meeting, gathering, or assembly of two (2) or more persons organized by a religious organization for the purpose of worship, teaching, training, providing educational services, conducting religious rituals, or involving the exercising of the right to practice religion. (b) (1) The Governor shall not prohibit or limit a religious organization from continuing to operate or engage in religious services during a disaster emergency under this subchapter. (2) (A) This section does not prevent the Governor from requiring religious organizations to comply with neutral health, safety, or occupancy requirements issued under state or federal law that are applicable to all organizations and businesses. (B) The Governor shall not enforce a health, safety, or occupancy requirement under subdivision (b)(2)(A) of this section that imposes a substantial burden on a religious organization unless the Governor demonstrates that applying the requirement to the religious organization is essential to further a compelling governmental interest and is the least restrictive means of furthering the compelling governmental interest. (3) The Governor shall not take discriminatory action under this subchapter against a religious organization wholly or partially on the basis that the religious organization: (A) Is religious; (B) Operates or seeks to operate during a disaster emergency under this subchapter; or (C) Engages in the exercising of the right to practice religion protected by the First Amendment to the United States Constitution. (c) (1) A religious organization may assert a violation of this section as a claim against the Governor in a judicial or administrative proceeding or as a defense in a judicial or administrative proceeding. (2) An action under this section may be commenced and relief may be granted in a judicial proceeding without regard to whether the religious organization commencing the action has sought or exhausted all administrative remedies. (3) A religious organization that successfully asserts a claim or defense under this section may recover: (A) Declaratory relief; (B) Injunctive relief to prevent or remedy a violation or the effect of a violation of this section; (C) Compensatory damages for pecuniary and nonpecuniary losses; (D) Reasonable attorney's fees and costs; and (E) Any other appropriate relief. (d) Sovereign, governmental, and qualified immunities to suit and from liability are waived and abolished to the extent allowed under law. (e) This section shall be construed in favor of a broad protection of free exercise of religion. (f) (1) The protection of free exercise of religion afforded under this section is in addition to the protections provided under federal law, state law, the United States Constitution, and the Arkansas Constitution. (2) This section does not preempt or repeal any state or local law that is equally or more protective of free exercise of religion. (3) This section does not narrow the meaning or application of any state or local law protecting the free exercise of religion. (g) (1) This section applies to and in cases of conflict supersedes any statute that infringes upon the free exercise of religion protected by this section, unless a conflicting statute is expressly made exempt from the application of this section. (2) This section applies to and in cases of conflict supersedes any ordinance, rule, regulation, order, opinion, decision, practice, or other exercise of the Governor's authority that infringes upon the free exercise of religion protected under this section. (h) If a provision or application of this section is held to be invalid under law, the remainder and the application of the section is not affected. (i) A religious organization shall bring an action to assert a claim under this section no later than two (2) years after the date the religious organization knew or should have known that a discriminatory action or other violation of this section was taken against the religious organization. Added by Act 2021, No. 94,§ 2, eff. 2/9/2021.

(a) As used in this section: (1) "Discriminatory action" means an action taken by the Governor to: (A) Alter the tax treatment of, or cause any tax, penalty, or payment to be assessed against, or deny, delay, revoke, or otherwise make unavailable an exemption from taxation; (B) Disallow, deny, or otherwise make unavailable a deduction for state tax purposes of any charitable contribution made to or by a religious organization; (C) Impose, levy, or assess a monetary fine, fee, civil or criminal penalty, damages award, or injunction; or (D) Withhold, reduce, exclude, terminate, materially alter the terms or conditions of, or otherwise make unavailable or deny any: (i) State grant, contract, subcontract, cooperative agreement, guarantee, loan, scholarship, or other similar benefit from or to a religious organization; (ii) Entitlement or benefit under a state benefit program from or to a religious organization; or (iii) License, certification, accreditation, recognition, or other similar benefit, position, or status from or to a religious organization; (2) "Governor" includes: (A) A state governmental entity or official acting under this subchapter; and (B) A local governmental entity or official acting under this subchapter; (3) "Religious organization" means: (A) A house of worship, including without limitation a church, synagogue, shrine, mosque, or temple; (B) A religious group, corporation, association, educational institution, ministry, order, society, or similar entity, without regard to whether the entity is integrated or affiliated with a house of worship; or (C) An officer, owner, employee, manager, religious leader, clergy, or minister of an entity or organization under this subdivision (a)(3); and (4) "Religious service" means a meeting, gathering, or assembly of two (2) or more persons organized by a religious organization for the purpose of worship, teaching, training, providing educational services, conducting religious rituals, or involving the exercising of the right to practice religion.

(1) "Discriminatory action" means an action taken by the Governor to: (A) Alter the tax treatment of, or cause any tax, penalty, or payment to be assessed against, or deny, delay, revoke, or otherwise make unavailable an exemption from taxation; (B) Disallow, deny, or otherwise make unavailable a deduction for state tax purposes of any charitable contribution made to or by a religious organization; (C) Impose, levy, or assess a monetary fine, fee, civil or criminal penalty, damages award, or injunction; or (D) Withhold, reduce, exclude, terminate, materially alter the terms or conditions of, or otherwise make unavailable or deny any: (i) State grant, contract, subcontract, cooperative agreement, guarantee, loan, scholarship, or other similar benefit from or to a religious organization; (ii) Entitlement or benefit under a state benefit program from or to a religious organization; or (iii) License, certification, accreditation, recognition, or other similar benefit, position, or status from or to a religious organization;

(A) Alter the tax treatment of, or cause any tax, penalty, or payment to be assessed against, or deny, delay, revoke, or otherwise make unavailable an exemption from taxation;

(B) Disallow, deny, or otherwise make unavailable a deduction for state tax purposes of any charitable contribution made to or by a religious organization;

(C) Impose, levy, or assess a monetary fine, fee, civil or criminal penalty, damages award, or injunction; or

(D) Withhold, reduce, exclude, terminate, materially alter the terms or conditions of, or otherwise make unavailable or deny any: (i) State grant, contract, subcontract, cooperative agreement, guarantee, loan, scholarship, or other similar benefit from or to a religious organization; (ii) Entitlement or benefit under a state benefit program from or to a religious organization; or (iii) License, certification, accreditation, recognition, or other similar benefit, position, or status from or to a religious organization;

(i) State grant, contract, subcontract, cooperative agreement, guarantee, loan, scholarship, or other similar benefit from or to a religious organization;

(ii) Entitlement or benefit under a state benefit program from or to a religious organization; or

(iii) License, certification, accreditation, recognition, or other similar benefit, position, or status from or to a religious organization;

(2) "Governor" includes: (A) A state governmental entity or official acting under this subchapter; and (B) A local governmental entity or official acting under this subchapter;

(A) A state governmental entity or official acting under this subchapter; and

(B) A local governmental entity or official acting under this subchapter;

(3) "Religious organization" means: (A) A house of worship, including without limitation a church, synagogue, shrine, mosque, or temple; (B) A religious group, corporation, association, educational institution, ministry, order, society, or similar entity, without regard to whether the entity is integrated or affiliated with a house of worship; or (C) An officer, owner, employee, manager, religious leader, clergy, or minister of an entity or organization under this subdivision (a)(3); and

(A) A house of worship, including without limitation a church, synagogue, shrine, mosque, or temple;

(B) A religious group, corporation, association, educational institution, ministry, order, society, or similar entity, without regard to whether the entity is integrated or affiliated with a house of worship; or

(C) An officer, owner, employee, manager, religious leader, clergy, or minister of an entity or organization under this subdivision (a)(3); and

(4) "Religious service" means a meeting, gathering, or assembly of two (2) or more persons organized by a religious organization for the purpose of worship, teaching, training, providing educational services, conducting religious rituals, or involving the exercising of the right to practice religion.

(b) (1) The Governor shall not prohibit or limit a religious organization from continuing to operate or engage in religious services during a disaster emergency under this subchapter. (2) (A) This section does not prevent the Governor from requiring religious organizations to comply with neutral health, safety, or occupancy requirements issued under state or federal law that are applicable to all organizations and businesses. (B) The Governor shall not enforce a health, safety, or occupancy requirement under subdivision (b)(2)(A) of this section that imposes a substantial burden on a religious organization unless the Governor demonstrates that applying the requirement to the religious organization is essential to further a compelling governmental interest and is the least restrictive means of furthering the compelling governmental interest. (3) The Governor shall not take discriminatory action under this subchapter against a religious organization wholly or partially on the basis that the religious organization: (A) Is religious; (B) Operates or seeks to operate during a disaster emergency under this subchapter; or (C) Engages in the exercising of the right to practice religion protected by the First Amendment to the United States Constitution.

(1) The Governor shall not prohibit or limit a religious organization from continuing to operate or engage in religious services during a disaster emergency under this subchapter.

(2) (A) This section does not prevent the Governor from requiring religious organizations to comply with neutral health, safety, or occupancy requirements issued under state or federal law that are applicable to all organizations and businesses. (B) The Governor shall not enforce a health, safety, or occupancy requirement under subdivision (b)(2)(A) of this section that imposes a substantial burden on a religious organization unless the Governor demonstrates that applying the requirement to the religious organization is essential to further a compelling governmental interest and is the least restrictive means of furthering the compelling governmental interest.

(A) This section does not prevent the Governor from requiring religious organizations to comply with neutral health, safety, or occupancy requirements issued under state or federal law that are applicable to all organizations and businesses.

(B) The Governor shall not enforce a health, safety, or occupancy requirement under subdivision (b)(2)(A) of this section that imposes a substantial burden on a religious organization unless the Governor demonstrates that applying the requirement to the religious organization is essential to further a compelling governmental interest and is the least restrictive means of furthering the compelling governmental interest.

(3) The Governor shall not take discriminatory action under this subchapter against a religious organization wholly or partially on the basis that the religious organization: (A) Is religious; (B) Operates or seeks to operate during a disaster emergency under this subchapter; or (C) Engages in the exercising of the right to practice religion protected by the First Amendment to the United States Constitution.

(A) Is religious;

(B) Operates or seeks to operate during a disaster emergency under this subchapter; or

(C) Engages in the exercising of the right to practice religion protected by the First Amendment to the United States Constitution.

(c) (1) A religious organization may assert a violation of this section as a claim against the Governor in a judicial or administrative proceeding or as a defense in a judicial or administrative proceeding. (2) An action under this section may be commenced and relief may be granted in a judicial proceeding without regard to whether the religious organization commencing the action has sought or exhausted all administrative remedies. (3) A religious organization that successfully asserts a claim or defense under this section may recover: (A) Declaratory relief; (B) Injunctive relief to prevent or remedy a violation or the effect of a violation of this section; (C) Compensatory damages for pecuniary and nonpecuniary losses; (D) Reasonable attorney's fees and costs; and (E) Any other appropriate relief.

(1) A religious organization may assert a violation of this section as a claim against the Governor in a judicial or administrative proceeding or as a defense in a judicial or administrative proceeding.

(2) An action under this section may be commenced and relief may be granted in a judicial proceeding without regard to whether the religious organization commencing the action has sought or exhausted all administrative remedies.

(3) A religious organization that successfully asserts a claim or defense under this section may recover: (A) Declaratory relief; (B) Injunctive relief to prevent or remedy a violation or the effect of a violation of this section; (C) Compensatory damages for pecuniary and nonpecuniary losses; (D) Reasonable attorney's fees and costs; and (E) Any other appropriate relief.

(A) Declaratory relief;

(B) Injunctive relief to prevent or remedy a violation or the effect of a violation of this section;

(C) Compensatory damages for pecuniary and nonpecuniary losses;

(D) Reasonable attorney's fees and costs; and

(E) Any other appropriate relief.

(d) Sovereign, governmental, and qualified immunities to suit and from liability are waived and abolished to the extent allowed under law.

(e) This section shall be construed in favor of a broad protection of free exercise of religion.

(f) (1) The protection of free exercise of religion afforded under this section is in addition to the protections provided under federal law, state law, the United States Constitution, and the Arkansas Constitution. (2) This section does not preempt or repeal any state or local law that is equally or more protective of free exercise of religion. (3) This section does not narrow the meaning or application of any state or local law protecting the free exercise of religion.

(1) The protection of free exercise of religion afforded under this section is in addition to the protections provided under federal law, state law, the United States Constitution, and the Arkansas Constitution.

(2) This section does not preempt or repeal any state or local law that is equally or more protective of free exercise of religion.

(3) This section does not narrow the meaning or application of any state or local law protecting the free exercise of religion.

(g) (1) This section applies to and in cases of conflict supersedes any statute that infringes upon the free exercise of religion protected by this section, unless a conflicting statute is expressly made exempt from the application of this section. (2) This section applies to and in cases of conflict supersedes any ordinance, rule, regulation, order, opinion, decision, practice, or other exercise of the Governor's authority that infringes upon the free exercise of religion protected under this section.

(1) This section applies to and in cases of conflict supersedes any statute that infringes upon the free exercise of religion protected by this section, unless a conflicting statute is expressly made exempt from the application of this section.

(2) This section applies to and in cases of conflict supersedes any ordinance, rule, regulation, order, opinion, decision, practice, or other exercise of the Governor's authority that infringes upon the free exercise of religion protected under this section.

(h) If a provision or application of this section is held to be invalid under law, the remainder and the application of the section is not affected.

(i) A religious organization shall bring an action to assert a claim under this section no later than two (2) years after the date the religious organization knew or should have known that a discriminatory action or other violation of this section was taken against the religious organization.

Added by Act 2021, No. 94,§ 2, eff. 2/9/2021.
Ark. Code Ann. § 12-12-314 — AR Code / Title 12 / Chapter 12 / Subchapter 3 / Section 12-12-314
Fees - Disposition
Status: in_force

(a) The State Crime Laboratory shall charge certain fees in an amount to be determined by the State Crime Laboratory Board, but subject to the limitations set forth in this section for certain records, reports, and consultations by laboratory physicians and analysts, and expert witness testimony provided in the trial of civil lawsuits, as follows: (1) A fee shall be charged for records and reports of the laboratory in a reasonable amount to be set by the board when the request for the report shall be from an entity other than a law enforcement or criminal justice system agency; (2) (A) A fee shall be charged in an amount to be set by the board for consultations, scientific or medical research, depositions, expert witness testimony, and travel to and from courts. (B) The fees under subdivision (a)(2)(A) of this section shall be at a rate not to exceed two hundred twenty-five dollars ($225) per hour or one thousand eight hundred dollars ($1,800) per day and shall be levied against the requesting individual, agency, or organization for work done in civil cases in which laboratory personnel involvement results from the performance of duties and responsibilities under this subchapter; and (3) A charge of up to three thousand dollars ($3,000) for each autopsy requested by non-law enforcement officials. (b) At no time shall any fee be levied or charge made to or against any law enforcement agency of the State of Arkansas for work performed under the provisions of this subchapter. (c) (1) All fees collected by the laboratory for copies of the following shall be deposited as a refund to expenditures: (A) Autopsy reports; (B) Autopsies requested by the Federal Aviation Administration, the Federal Bureau of Prisons, or the Department of Health for sudden infant death syndrome cases; and (C) Expenses paid employees for testimony as expert witnesses. (2) Other moneys derived from the charges provided for and authorized by this section shall be deposited into the State Treasury to the credit of the Miscellaneous Agencies Fund Account of the State General Government Fund. Amended by Act 2013, No. 1129,§ 1, eff. 8/16/2013. Amended by Act 2013, No. 296,§ 1, eff. 8/16/2013. Acts 1975, No. 350, § 4; 1979, No. 864, § 22; 1985, No. 644, § 4; A.S.A. 1947, §§ 42-1224, 42-1225; Acts 1995, No. 1189, § 1; 2011, No. 775, § 2.

(a) The State Crime Laboratory shall charge certain fees in an amount to be determined by the State Crime Laboratory Board, but subject to the limitations set forth in this section for certain records, reports, and consultations by laboratory physicians and analysts, and expert witness testimony provided in the trial of civil lawsuits, as follows: (1) A fee shall be charged for records and reports of the laboratory in a reasonable amount to be set by the board when the request for the report shall be from an entity other than a law enforcement or criminal justice system agency; (2) (A) A fee shall be charged in an amount to be set by the board for consultations, scientific or medical research, depositions, expert witness testimony, and travel to and from courts. (B) The fees under subdivision (a)(2)(A) of this section shall be at a rate not to exceed two hundred twenty-five dollars ($225) per hour or one thousand eight hundred dollars ($1,800) per day and shall be levied against the requesting individual, agency, or organization for work done in civil cases in which laboratory personnel involvement results from the performance of duties and responsibilities under this subchapter; and (3) A charge of up to three thousand dollars ($3,000) for each autopsy requested by non-law enforcement officials.

(1) A fee shall be charged for records and reports of the laboratory in a reasonable amount to be set by the board when the request for the report shall be from an entity other than a law enforcement or criminal justice system agency;

(2) (A) A fee shall be charged in an amount to be set by the board for consultations, scientific or medical research, depositions, expert witness testimony, and travel to and from courts. (B) The fees under subdivision (a)(2)(A) of this section shall be at a rate not to exceed two hundred twenty-five dollars ($225) per hour or one thousand eight hundred dollars ($1,800) per day and shall be levied against the requesting individual, agency, or organization for work done in civil cases in which laboratory personnel involvement results from the performance of duties and responsibilities under this subchapter; and

(A) A fee shall be charged in an amount to be set by the board for consultations, scientific or medical research, depositions, expert witness testimony, and travel to and from courts.

(B) The fees under subdivision (a)(2)(A) of this section shall be at a rate not to exceed two hundred twenty-five dollars ($225) per hour or one thousand eight hundred dollars ($1,800) per day and shall be levied against the requesting individual, agency, or organization for work done in civil cases in which laboratory personnel involvement results from the performance of duties and responsibilities under this subchapter; and

(3) A charge of up to three thousand dollars ($3,000) for each autopsy requested by non-law enforcement officials.

(b) At no time shall any fee be levied or charge made to or against any law enforcement agency of the State of Arkansas for work performed under the provisions of this subchapter.

(c) (1) All fees collected by the laboratory for copies of the following shall be deposited as a refund to expenditures: (A) Autopsy reports; (B) Autopsies requested by the Federal Aviation Administration, the Federal Bureau of Prisons, or the Department of Health for sudden infant death syndrome cases; and (C) Expenses paid employees for testimony as expert witnesses. (2) Other moneys derived from the charges provided for and authorized by this section shall be deposited into the State Treasury to the credit of the Miscellaneous Agencies Fund Account of the State General Government Fund.

(1) All fees collected by the laboratory for copies of the following shall be deposited as a refund to expenditures: (A) Autopsy reports; (B) Autopsies requested by the Federal Aviation Administration, the Federal Bureau of Prisons, or the Department of Health for sudden infant death syndrome cases; and (C) Expenses paid employees for testimony as expert witnesses.

(A) Autopsy reports;

(B) Autopsies requested by the Federal Aviation Administration, the Federal Bureau of Prisons, or the Department of Health for sudden infant death syndrome cases; and

(C) Expenses paid employees for testimony as expert witnesses.

(2) Other moneys derived from the charges provided for and authorized by this section shall be deposited into the State Treasury to the credit of the Miscellaneous Agencies Fund Account of the State General Government Fund.

Amended by Act 2013, No. 1129,§ 1, eff. 8/16/2013.

Amended by Act 2013, No. 296,§ 1, eff. 8/16/2013.

Acts 1975, No. 350, § 4; 1979, No. 864, § 22; 1985, No. 644, § 4; A.S.A. 1947, §§ 42-1224, 42-1225; Acts 1995, No. 1189, § 1; 2011, No. 775, § 2.
Ark. Code Ann. § 12-17-101 — AR Code / Title 12 / Chapter 17 / Section 12-17-101
Definitions
Status: in_force

As used in this chapter: (1) "Drug crime" means a misdemeanor or felony criminal offense prosecuted in district court or circuit court that violates: (A) Any provision of the Uniform Controlled Substances Act, § 5-64-401 et seq., or any solicitation, attempt, or conspiracy to violate the Uniform Controlled Substances Act, § 5-64-401 et seq.; (B) Any criminal violation of state law, or any solicitation, attempt, or conspiracy to violate state law, committed for the purpose of unlawfully acquiring, obtaining, manufacturing, purchasing, procuring, possessing, distributing, delivering, shipping, or transporting controlled substances, prescription drugs, drug paraphernalia, or precursor chemicals or components used to manufacture controlled substances; (C) Any criminal violation of state or federal law, or any solicitation, attempt, or conspiracy to violate state or federal law involving the use or possession of any fraudulent, falsified, forged, or altered identification card or document evidencing the identity of an individual, issued or purportedly issued by any state, federal, or foreign government, for the purpose of unlawfully acquiring, obtaining, manufacturing, purchasing, procuring, possessing, distributing, delivering, shipping, or transporting controlled substances, prescription drugs, drug paraphernalia, or precursor chemicals or components used to manufacture controlled substances; (D) Any criminal violation of state or federal law, or any solicitation, attempt, or conspiracy to violate state or federal law, for the purpose of committing any act that constitutes money laundering, as defined by § 5-42-204 , of proceeds and profits related to violations of the Uniform Controlled Substances Act, § 5-64-401 et seq.; or (E) Any criminal violation of state or federal law or any solicitation, attempt, or conspiracy thereof, involving any firearm, deadly weapon, or explosive device used or possessed with intent to use: (i) To enforce or facilitate any criminal act defined under the Uniform Controlled Substances Act, § 5-64-401 et seq.; or (ii) To commit a criminal offense defined by Arkansas law that intimidates, threatens, injures, maims, or kills any law enforcement officer, prosecutor, judicial officer, or any other court official, witness, informant, or juror involved in the investigation or prosecution of any violation of the Uniform Controlled Substances Act, § 5-64-401 et seq.; (2) "Investigate" means any law enforcement activities directed toward drug crimes, including without limitation prevention, eradication, investigation, and interdiction; (3) "Law enforcement agency" means: (A) Any county sheriff's office of any county in this state; (B) Any municipal police department of an organized city or town within this state; and (C) The Department of Arkansas State Police; (4) "Multi-jurisdictional drug crime task force" means an association consisting of a minimum of two (2) law enforcement agencies and one (1) prosecuting attorney acting by agreement to jointly investigate and prosecute drug crimes in a defined geographic area or judicial district; and (5) "Prosecuting attorney" means the elected prosecuting attorney for any judicial district, including without limitation appointed deputies and investigators. Acts 2007, No. 1086, § 1.

As used in this chapter:

(1) "Drug crime" means a misdemeanor or felony criminal offense prosecuted in district court or circuit court that violates: (A) Any provision of the Uniform Controlled Substances Act, § 5-64-401 et seq., or any solicitation, attempt, or conspiracy to violate the Uniform Controlled Substances Act, § 5-64-401 et seq.; (B) Any criminal violation of state law, or any solicitation, attempt, or conspiracy to violate state law, committed for the purpose of unlawfully acquiring, obtaining, manufacturing, purchasing, procuring, possessing, distributing, delivering, shipping, or transporting controlled substances, prescription drugs, drug paraphernalia, or precursor chemicals or components used to manufacture controlled substances; (C) Any criminal violation of state or federal law, or any solicitation, attempt, or conspiracy to violate state or federal law involving the use or possession of any fraudulent, falsified, forged, or altered identification card or document evidencing the identity of an individual, issued or purportedly issued by any state, federal, or foreign government, for the purpose of unlawfully acquiring, obtaining, manufacturing, purchasing, procuring, possessing, distributing, delivering, shipping, or transporting controlled substances, prescription drugs, drug paraphernalia, or precursor chemicals or components used to manufacture controlled substances; (D) Any criminal violation of state or federal law, or any solicitation, attempt, or conspiracy to violate state or federal law, for the purpose of committing any act that constitutes money laundering, as defined by § 5-42-204 , of proceeds and profits related to violations of the Uniform Controlled Substances Act, § 5-64-401 et seq.; or (E) Any criminal violation of state or federal law or any solicitation, attempt, or conspiracy thereof, involving any firearm, deadly weapon, or explosive device used or possessed with intent to use: (i) To enforce or facilitate any criminal act defined under the Uniform Controlled Substances Act, § 5-64-401 et seq.; or (ii) To commit a criminal offense defined by Arkansas law that intimidates, threatens, injures, maims, or kills any law enforcement officer, prosecutor, judicial officer, or any other court official, witness, informant, or juror involved in the investigation or prosecution of any violation of the Uniform Controlled Substances Act, § 5-64-401 et seq.;

(A) Any provision of the Uniform Controlled Substances Act, § 5-64-401 et seq., or any solicitation, attempt, or conspiracy to violate the Uniform Controlled Substances Act, § 5-64-401 et seq.;

(B) Any criminal violation of state law, or any solicitation, attempt, or conspiracy to violate state law, committed for the purpose of unlawfully acquiring, obtaining, manufacturing, purchasing, procuring, possessing, distributing, delivering, shipping, or transporting controlled substances, prescription drugs, drug paraphernalia, or precursor chemicals or components used to manufacture controlled substances;

(C) Any criminal violation of state or federal law, or any solicitation, attempt, or conspiracy to violate state or federal law involving the use or possession of any fraudulent, falsified, forged, or altered identification card or document evidencing the identity of an individual, issued or purportedly issued by any state, federal, or foreign government, for the purpose of unlawfully acquiring, obtaining, manufacturing, purchasing, procuring, possessing, distributing, delivering, shipping, or transporting controlled substances, prescription drugs, drug paraphernalia, or precursor chemicals or components used to manufacture controlled substances;

(D) Any criminal violation of state or federal law, or any solicitation, attempt, or conspiracy to violate state or federal law, for the purpose of committing any act that constitutes money laundering, as defined by § 5-42-204 , of proceeds and profits related to violations of the Uniform Controlled Substances Act, § 5-64-401 et seq.; or

(E) Any criminal violation of state or federal law or any solicitation, attempt, or conspiracy thereof, involving any firearm, deadly weapon, or explosive device used or possessed with intent to use: (i) To enforce or facilitate any criminal act defined under the Uniform Controlled Substances Act, § 5-64-401 et seq.; or (ii) To commit a criminal offense defined by Arkansas law that intimidates, threatens, injures, maims, or kills any law enforcement officer, prosecutor, judicial officer, or any other court official, witness, informant, or juror involved in the investigation or prosecution of any violation of the Uniform Controlled Substances Act, § 5-64-401 et seq.;

(i) To enforce or facilitate any criminal act defined under the Uniform Controlled Substances Act, § 5-64-401 et seq.; or

(ii) To commit a criminal offense defined by Arkansas law that intimidates, threatens, injures, maims, or kills any law enforcement officer, prosecutor, judicial officer, or any other court official, witness, informant, or juror involved in the investigation or prosecution of any violation of the Uniform Controlled Substances Act, § 5-64-401 et seq.;

(2) "Investigate" means any law enforcement activities directed toward drug crimes, including without limitation prevention, eradication, investigation, and interdiction;

(3) "Law enforcement agency" means: (A) Any county sheriff's office of any county in this state; (B) Any municipal police department of an organized city or town within this state; and (C) The Department of Arkansas State Police;

(A) Any county sheriff's office of any county in this state;

(B) Any municipal police department of an organized city or town within this state; and

(C) The Department of Arkansas State Police;

(4) "Multi-jurisdictional drug crime task force" means an association consisting of a minimum of two (2) law enforcement agencies and one (1) prosecuting attorney acting by agreement to jointly investigate and prosecute drug crimes in a defined geographic area or judicial district; and

(5) "Prosecuting attorney" means the elected prosecuting attorney for any judicial district, including without limitation appointed deputies and investigators.

Acts 2007, No. 1086, § 1.
Ark. Code Ann. § 12-12-1803 — AR Code / Title 12 / Chapter 12 / Subchapter 18 / Section 12-12-1803
Restrictions on use
Status: in_force

(a) Except as provided in subsection (b) of this section, it is unlawful for an individual, partnership, corporation, association, or the State of Arkansas, its agencies, and political subdivisions to use an automatic license plate reader system. (b) An automatic license plate reader system may be used: (1) By a state, county, or municipal law enforcement agency for the comparison of captured plate data with data held by the Office of Motor Vehicle, the Arkansas Crime Information Center, the National Crime Information Center, a database created by law enforcement for the purposes of an ongoing investigation, and the Federal Bureau of Investigation for any lawful purpose; (2) By parking enforcement entities for regulating the use of parking facilities; (3) For the purpose of controlling access to secured areas; or (4) (A) By the Arkansas Highway Police Division of the Arkansas Department of Transportation for the electronic verification of registration, logs, and other compliance data to provide more efficient movement of commercial vehicles on a state highway. (B) An automatic license plate reader system used under subdivision (b)(4)(A) of this section shall be installed at an entrance ramp at a weigh station facility for the review of a commercial motor vehicle entering the weigh station facility. Amended by Act 2017, No. 707,§ 18, eff. 8/1/2017. Amended by Act 2017, No. 250,§ 9, eff. 8/1/2017. Amended by Act 2015, No. 849,§ 1, eff. 7/22/2015. Added by Act 2013, No. 1491,§ 1, eff. 8/16/2013.

(a) Except as provided in subsection (b) of this section, it is unlawful for an individual, partnership, corporation, association, or the State of Arkansas, its agencies, and political subdivisions to use an automatic license plate reader system.

(b) An automatic license plate reader system may be used: (1) By a state, county, or municipal law enforcement agency for the comparison of captured plate data with data held by the Office of Motor Vehicle, the Arkansas Crime Information Center, the National Crime Information Center, a database created by law enforcement for the purposes of an ongoing investigation, and the Federal Bureau of Investigation for any lawful purpose; (2) By parking enforcement entities for regulating the use of parking facilities; (3) For the purpose of controlling access to secured areas; or (4) (A) By the Arkansas Highway Police Division of the Arkansas Department of Transportation for the electronic verification of registration, logs, and other compliance data to provide more efficient movement of commercial vehicles on a state highway. (B) An automatic license plate reader system used under subdivision (b)(4)(A) of this section shall be installed at an entrance ramp at a weigh station facility for the review of a commercial motor vehicle entering the weigh station facility.

(1) By a state, county, or municipal law enforcement agency for the comparison of captured plate data with data held by the Office of Motor Vehicle, the Arkansas Crime Information Center, the National Crime Information Center, a database created by law enforcement for the purposes of an ongoing investigation, and the Federal Bureau of Investigation for any lawful purpose;

(2) By parking enforcement entities for regulating the use of parking facilities;

(3) For the purpose of controlling access to secured areas; or

(4) (A) By the Arkansas Highway Police Division of the Arkansas Department of Transportation for the electronic verification of registration, logs, and other compliance data to provide more efficient movement of commercial vehicles on a state highway. (B) An automatic license plate reader system used under subdivision (b)(4)(A) of this section shall be installed at an entrance ramp at a weigh station facility for the review of a commercial motor vehicle entering the weigh station facility.

(A) By the Arkansas Highway Police Division of the Arkansas Department of Transportation for the electronic verification of registration, logs, and other compliance data to provide more efficient movement of commercial vehicles on a state highway.

(B) An automatic license plate reader system used under subdivision (b)(4)(A) of this section shall be installed at an entrance ramp at a weigh station facility for the review of a commercial motor vehicle entering the weigh station facility.

Amended by Act 2017, No. 707,§ 18, eff. 8/1/2017.

Amended by Act 2017, No. 250,§ 9, eff. 8/1/2017.

Amended by Act 2015, No. 849,§ 1, eff. 7/22/2015.

Added by Act 2013, No. 1491,§ 1, eff. 8/16/2013.
Ark. Code Ann. § 12-75-110 — AR Code / Title 12 / Chapter 75 / Subchapter 1 / Section 12-75-110
Division of Emergency Management - State emergency operations plan
Status: in_force

(a) The Division of Emergency Management shall coordinate and maintain a state emergency operations plan and keep it current, which plan may include: (1) Prevention and minimization of injury and damage caused by disaster; (2) Measures for prompt and effective response to disasters; (3) Emergency relief; (4) Identification of areas particularly vulnerable to disasters; (5) Recommendations for zoning, building, and other land use controls, safety measures for securing mobile homes or other nonpermanent or semipermanent structures, and other preventive and preparedness measures designed to eliminate or reduce disasters or their impact; (6) Assistance to local officials in designing local emergency action plans; (7) Authorization and procedures for the erection or other construction of temporary works designed to protect against or mitigate danger, damage, or loss from flood, conflagration, or other disasters; (8) Preparation and distribution to appropriate state and local officials of state catalogues of federal, state, and private assistance programs; (9) Organization of personnel and the establishment of chains of command; (10) Coordination of federal, state, and local disaster activities; (11) Coordination of the state emergency operations plan with the operations plans of the United States Government, including without limitation, the National Response Framework; (12) Establishment of the criteria and definitions for determining catastrophic losses suffered by both individuals and public entities and the enhanced levels of assistance to be provided upon the declaration of a catastrophic loss disaster; and (13) Other necessary matters. (b) (1) In preparing and revising the state emergency operations plan, the division shall seek the advice and assistance of state agencies, local government, business, labor, industry, agriculture, civic, and volunteer organizations, and community leaders. (2) In advising local and jurisdictional agencies, the division shall encourage them also to seek advice from the entities listed in subdivision (b)(1) of this section. (c) The state emergency operations plan or any part of the state emergency operations plan may be incorporated in rules of the division or executive orders that have the force and effect of law. Amended by Act 2019, No. 910,§ 5877, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 5876, eff. 7/1/2019. Acts 1973, No. 511, § 5; 1977, No. 408, § 1; A.S.A. 1947, § 11-1938; Acts 1999, No. 449, § 6; 1999, No. 646, § 16; 2007, No. 197, § 7; 2009, No. 165, §§ 32, 33.

(a) The Division of Emergency Management shall coordinate and maintain a state emergency operations plan and keep it current, which plan may include: (1) Prevention and minimization of injury and damage caused by disaster; (2) Measures for prompt and effective response to disasters; (3) Emergency relief; (4) Identification of areas particularly vulnerable to disasters; (5) Recommendations for zoning, building, and other land use controls, safety measures for securing mobile homes or other nonpermanent or semipermanent structures, and other preventive and preparedness measures designed to eliminate or reduce disasters or their impact; (6) Assistance to local officials in designing local emergency action plans; (7) Authorization and procedures for the erection or other construction of temporary works designed to protect against or mitigate danger, damage, or loss from flood, conflagration, or other disasters; (8) Preparation and distribution to appropriate state and local officials of state catalogues of federal, state, and private assistance programs; (9) Organization of personnel and the establishment of chains of command; (10) Coordination of federal, state, and local disaster activities; (11) Coordination of the state emergency operations plan with the operations plans of the United States Government, including without limitation, the National Response Framework; (12) Establishment of the criteria and definitions for determining catastrophic losses suffered by both individuals and public entities and the enhanced levels of assistance to be provided upon the declaration of a catastrophic loss disaster; and (13) Other necessary matters.

(1) Prevention and minimization of injury and damage caused by disaster;

(2) Measures for prompt and effective response to disasters;

(3) Emergency relief;

(4) Identification of areas particularly vulnerable to disasters;

(5) Recommendations for zoning, building, and other land use controls, safety measures for securing mobile homes or other nonpermanent or semipermanent structures, and other preventive and preparedness measures designed to eliminate or reduce disasters or their impact;

(6) Assistance to local officials in designing local emergency action plans;

(7) Authorization and procedures for the erection or other construction of temporary works designed to protect against or mitigate danger, damage, or loss from flood, conflagration, or other disasters;

(8) Preparation and distribution to appropriate state and local officials of state catalogues of federal, state, and private assistance programs;

(9) Organization of personnel and the establishment of chains of command;

(10) Coordination of federal, state, and local disaster activities;

(11) Coordination of the state emergency operations plan with the operations plans of the United States Government, including without limitation, the National Response Framework;

(12) Establishment of the criteria and definitions for determining catastrophic losses suffered by both individuals and public entities and the enhanced levels of assistance to be provided upon the declaration of a catastrophic loss disaster; and

(13) Other necessary matters.

(b) (1) In preparing and revising the state emergency operations plan, the division shall seek the advice and assistance of state agencies, local government, business, labor, industry, agriculture, civic, and volunteer organizations, and community leaders. (2) In advising local and jurisdictional agencies, the division shall encourage them also to seek advice from the entities listed in subdivision (b)(1) of this section.

(1) In preparing and revising the state emergency operations plan, the division shall seek the advice and assistance of state agencies, local government, business, labor, industry, agriculture, civic, and volunteer organizations, and community leaders.

(2) In advising local and jurisdictional agencies, the division shall encourage them also to seek advice from the entities listed in subdivision (b)(1) of this section.

(c) The state emergency operations plan or any part of the state emergency operations plan may be incorporated in rules of the division or executive orders that have the force and effect of law.

Amended by Act 2019, No. 910,§ 5877, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 5876, eff. 7/1/2019.

Acts 1973, No. 511, § 5; 1977, No. 408, § 1; A.S.A. 1947, § 11-1938; Acts 1999, No. 449, § 6; 1999, No. 646, § 16; 2007, No. 197, § 7; 2009, No. 165, §§ 32, 33.
Ark. Code Ann. § 12-63-501 — AR Code / Title 12 / Chapter 63 / Subchapter 5 / Section 12-63-501
Ebbing Air National Guard Field
Status: in_force

(a) The Adjutant General is authorized to establish and operate a military service club at Ebbing Air National Guard Base. (b) (1) Any military service club established at Ebbing Air National Guard Base shall be operated at no cost to the State of Arkansas and shall be generally operated in accordance with applicable military regulations of the United States Air Force pertaining to military service clubs, and in accordance with the orders, directions, and general supervision of the Adjutant General. (2) The laws of the state and the rules of the Alcoholic Beverage Control Division shall apply to the operation of the military service club. (3) To the extent there is a conflict between applicable regulations of the United States Air Force pertaining to military service clubs and the laws and regulations of the state, state laws and regulations shall control. (c) Any military service club established at Ebbing Air National Guard Base shall obtain all requisite state and local permits required for its operation and shall pay any taxes due from its operation to the state and local governments that apply to its operation. Amended by Act 2019, No. 315,§ 946, eff. 7/24/2019. Acts 1993, No. 1074, § 1.

(a) The Adjutant General is authorized to establish and operate a military service club at Ebbing Air National Guard Base.

(b) (1) Any military service club established at Ebbing Air National Guard Base shall be operated at no cost to the State of Arkansas and shall be generally operated in accordance with applicable military regulations of the United States Air Force pertaining to military service clubs, and in accordance with the orders, directions, and general supervision of the Adjutant General. (2) The laws of the state and the rules of the Alcoholic Beverage Control Division shall apply to the operation of the military service club. (3) To the extent there is a conflict between applicable regulations of the United States Air Force pertaining to military service clubs and the laws and regulations of the state, state laws and regulations shall control.

(1) Any military service club established at Ebbing Air National Guard Base shall be operated at no cost to the State of Arkansas and shall be generally operated in accordance with applicable military regulations of the United States Air Force pertaining to military service clubs, and in accordance with the orders, directions, and general supervision of the Adjutant General.

(2) The laws of the state and the rules of the Alcoholic Beverage Control Division shall apply to the operation of the military service club.

(3) To the extent there is a conflict between applicable regulations of the United States Air Force pertaining to military service clubs and the laws and regulations of the state, state laws and regulations shall control.

(c) Any military service club established at Ebbing Air National Guard Base shall obtain all requisite state and local permits required for its operation and shall pay any taxes due from its operation to the state and local governments that apply to its operation.

Amended by Act 2019, No. 315,§ 946, eff. 7/24/2019.

Acts 1993, No. 1074, § 1.
Ark. Code Ann. § 12-51-601 — AR Code / Title 12 / Chapter 51 / Subchapter 6 / Section 12-51-601
Withdrawal
Status: in_force

(a) Once effective, the compact shall continue in force and remain binding upon each and every compacting state; provided, that a compacting state may withdraw from the compact as a "withdrawing state" by enacting a statute specifically repealing the statute which enacted the compact into law. (b) The effective date of withdrawal is the effective date of the repeal. (c) (1) The withdrawing state shall immediately notify the chair of the Interstate Commission for Adult Offender Supervision in writing upon the introduction of legislation repealing this compact in the withdrawing state. (2) The interstate commission shall notify the other compacting states of the withdrawing state's intent to withdraw within sixty (60) days of its receipt thereof. (d) The withdrawing state is responsible for all assessments, obligations, and liabilities incurred through the effective date of withdrawal, including any obligations, the performance of which extend beyond the effective date of withdrawal. (e) Reinstatement following withdrawal of any compacting state shall occur upon the withdrawing state reenacting the compact or upon such later date as determined by the interstate commission. Acts 2001, No. 253, § 1.

(a) Once effective, the compact shall continue in force and remain binding upon each and every compacting state; provided, that a compacting state may withdraw from the compact as a "withdrawing state" by enacting a statute specifically repealing the statute which enacted the compact into law.

(b) The effective date of withdrawal is the effective date of the repeal.

(c) (1) The withdrawing state shall immediately notify the chair of the Interstate Commission for Adult Offender Supervision in writing upon the introduction of legislation repealing this compact in the withdrawing state. (2) The interstate commission shall notify the other compacting states of the withdrawing state's intent to withdraw within sixty (60) days of its receipt thereof.

(1) The withdrawing state shall immediately notify the chair of the Interstate Commission for Adult Offender Supervision in writing upon the introduction of legislation repealing this compact in the withdrawing state.

(2) The interstate commission shall notify the other compacting states of the withdrawing state's intent to withdraw within sixty (60) days of its receipt thereof.

(d) The withdrawing state is responsible for all assessments, obligations, and liabilities incurred through the effective date of withdrawal, including any obligations, the performance of which extend beyond the effective date of withdrawal.

(e) Reinstatement following withdrawal of any compacting state shall occur upon the withdrawing state reenacting the compact or upon such later date as determined by the interstate commission.

Acts 2001, No. 253, § 1.
Ark. Code Ann. § 12-30-406 — AR Code / Title 12 / Chapter 30 / Subchapter 4 / Section 12-30-406
Allocation of earnings - Inmate's funds
Status: in_force

(a) Under any work-release program, earnings by the inmate shall be paid directly to the Division of Correction and applied as follows: (1) The division shall retain an amount to be established by the Director of the Division of Correction which will reasonably compensate the division for the cost of feeding, housing, and supervising the inmate; (2) The division shall determine if the inmate has persons dependent upon him or her for their support and may remit to such persons that portion of the earnings which the director considers reasonable; (3) (A) The division shall determine if the inmate has created victims of his or her criminal conduct who are entitled to restitution or reparations for physical injury or loss of or damage to property and may remit to the victim that portion of the earnings which the director considers reasonable. (B) However, in no case shall the portion of the earnings remitted for restitution be in excess of twenty-five percent (25%) of the inmate's income remaining after deduction for the cost of care, custody, and family support provided for in subdivisions (a)(1) and (2) of this section. (C) The names and addresses of victims and the amount of restitution to be paid shall be provided to the director by certificate of the trial court in which the inmate was convicted; and (4) The balance shall be deposited to the account of the inmate. (b) Inmates may be required to contribute to the support of their dependents who may be receiving public assistance during the period of their commitment if funds credited to them are adequate for that purpose provided that all inmates participating in the work-study release programs shall continue to be housed at a division institution. (c) The division shall promulgate rules governing the possession of or use of money by inmates and may prohibit the possession of money by inmates and may establish a system for the custody of all funds belonging to inmates, for the balance of such fund period. Amended by Act 2019, No. 315,§ 913, 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. 309, § 1; 1983, No. 440, § 1; 1983, No. 814, § 1; A.S.A. 1947, § 46-117.

(a) Under any work-release program, earnings by the inmate shall be paid directly to the Division of Correction and applied as follows: (1) The division shall retain an amount to be established by the Director of the Division of Correction which will reasonably compensate the division for the cost of feeding, housing, and supervising the inmate; (2) The division shall determine if the inmate has persons dependent upon him or her for their support and may remit to such persons that portion of the earnings which the director considers reasonable; (3) (A) The division shall determine if the inmate has created victims of his or her criminal conduct who are entitled to restitution or reparations for physical injury or loss of or damage to property and may remit to the victim that portion of the earnings which the director considers reasonable. (B) However, in no case shall the portion of the earnings remitted for restitution be in excess of twenty-five percent (25%) of the inmate's income remaining after deduction for the cost of care, custody, and family support provided for in subdivisions (a)(1) and (2) of this section. (C) The names and addresses of victims and the amount of restitution to be paid shall be provided to the director by certificate of the trial court in which the inmate was convicted; and (4) The balance shall be deposited to the account of the inmate.

(1) The division shall retain an amount to be established by the Director of the Division of Correction which will reasonably compensate the division for the cost of feeding, housing, and supervising the inmate;

(2) The division shall determine if the inmate has persons dependent upon him or her for their support and may remit to such persons that portion of the earnings which the director considers reasonable;

(3) (A) The division shall determine if the inmate has created victims of his or her criminal conduct who are entitled to restitution or reparations for physical injury or loss of or damage to property and may remit to the victim that portion of the earnings which the director considers reasonable. (B) However, in no case shall the portion of the earnings remitted for restitution be in excess of twenty-five percent (25%) of the inmate's income remaining after deduction for the cost of care, custody, and family support provided for in subdivisions (a)(1) and (2) of this section. (C) The names and addresses of victims and the amount of restitution to be paid shall be provided to the director by certificate of the trial court in which the inmate was convicted; and

(A) The division shall determine if the inmate has created victims of his or her criminal conduct who are entitled to restitution or reparations for physical injury or loss of or damage to property and may remit to the victim that portion of the earnings which the director considers reasonable.

(B) However, in no case shall the portion of the earnings remitted for restitution be in excess of twenty-five percent (25%) of the inmate's income remaining after deduction for the cost of care, custody, and family support provided for in subdivisions (a)(1) and (2) of this section.

(C) The names and addresses of victims and the amount of restitution to be paid shall be provided to the director by certificate of the trial court in which the inmate was convicted; and

(4) The balance shall be deposited to the account of the inmate.

(b) Inmates may be required to contribute to the support of their dependents who may be receiving public assistance during the period of their commitment if funds credited to them are adequate for that purpose provided that all inmates participating in the work-study release programs shall continue to be housed at a division institution.

(c) The division shall promulgate rules governing the possession of or use of money by inmates and may prohibit the possession of money by inmates and may establish a system for the custody of all funds belonging to inmates, for the balance of such fund period.

Amended by Act 2019, No. 315,§ 913, 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. 309, § 1; 1983, No. 440, § 1; 1983, No. 814, § 1; A.S.A. 1947, § 46-117.
Ark. Code Ann. § 12-41-404 — AR Code / Title 12 / Chapter 41 / Subchapter 4 / Section 12-41-404
Expenses of county prisoners held in municipal jail
Status: in_force

(a) The governing bodies in the various municipalities in this state may establish a daily fee to be charged counties for keeping prisoners of counties in the municipal jail. (b) The fee shall be based upon the reasonable expenses which the municipality incurs in keeping such prisoners in the municipal jail. (c) Counties whose prisoners are maintained in a municipal jail shall be responsible for paying the fee established. Acts 1981, No. 796, § 2; A.S.A. 1947, § 46-707.

(a) The governing bodies in the various municipalities in this state may establish a daily fee to be charged counties for keeping prisoners of counties in the municipal jail.

(b) The fee shall be based upon the reasonable expenses which the municipality incurs in keeping such prisoners in the municipal jail.

(c) Counties whose prisoners are maintained in a municipal jail shall be responsible for paying the fee established.

Acts 1981, No. 796, § 2; A.S.A. 1947, § 46-707.
Ark. Code Ann. § 12-12-1804 — AR Code / Title 12 / Chapter 12 / Subchapter 18 / Section 12-12-1804
Protections
Status: in_force

(a) Captured plate data obtained for the purposes described under § 12-12-1803(b) shall not be used or shared for any other purpose and shall not be preserved for more than one hundred fifty (150) days. (b) Captured plate data obtained by an entity under § 12-12-1803(b)(1) may be retained as part of an ongoing investigation and shall be destroyed at the conclusion of either: (1) An investigation that does not result in any criminal charges being filed; or (2) Any criminal action undertaken in the matter involving the captured plate data. (c) A governmental entity that uses an automatic license plate reader system under § 12-12-1803(b)(1) shall update the captured plate data collected under this subchapter every twenty-four (24) hours if updates are available. (d) (1) Except as provided under subdivision (d)(2) of this section, a governmental entity authorized to use an automatic license plate reader system under § 12-12-1803(b) shall not sell, trade, or exchange captured plate data for any purpose. (2) Captured plate data obtained by a law enforcement agency under § 12-12-1803(b)(1) that indicates evidence of an offense may be shared with other law enforcement agencies. Added by Act 2013, No. 1491,§ 1, eff. 8/16/2013.

(a) Captured plate data obtained for the purposes described under § 12-12-1803(b) shall not be used or shared for any other purpose and shall not be preserved for more than one hundred fifty (150) days.

(b) Captured plate data obtained by an entity under § 12-12-1803(b)(1) may be retained as part of an ongoing investigation and shall be destroyed at the conclusion of either: (1) An investigation that does not result in any criminal charges being filed; or (2) Any criminal action undertaken in the matter involving the captured plate data.

(1) An investigation that does not result in any criminal charges being filed; or

(2) Any criminal action undertaken in the matter involving the captured plate data.

(c) A governmental entity that uses an automatic license plate reader system under § 12-12-1803(b)(1) shall update the captured plate data collected under this subchapter every twenty-four (24) hours if updates are available.

(d) (1) Except as provided under subdivision (d)(2) of this section, a governmental entity authorized to use an automatic license plate reader system under § 12-12-1803(b) shall not sell, trade, or exchange captured plate data for any purpose. (2) Captured plate data obtained by a law enforcement agency under § 12-12-1803(b)(1) that indicates evidence of an offense may be shared with other law enforcement agencies.

(1) Except as provided under subdivision (d)(2) of this section, a governmental entity authorized to use an automatic license plate reader system under § 12-12-1803(b) shall not sell, trade, or exchange captured plate data for any purpose.

(2) Captured plate data obtained by a law enforcement agency under § 12-12-1803(b)(1) that indicates evidence of an offense may be shared with other law enforcement agencies.

Added by Act 2013, No. 1491,§ 1, eff. 8/16/2013.
Ark. Code Ann. § 12-10-202 — AR Code / Title 12 / Chapter 10 / Subchapter 2 / Section 12-10-202
Transmissions by unauthorized persons - Penalty
Status: in_force

(a) It shall be unlawful to transmit over a frequency assigned to a law enforcement agency or department unless it has been approved by the agency or department head or his or her designee. (b) Violation of this or any other portion of this subchapter shall constitute a Class A misdemeanor. Acts 1979, No. 520, § 8; A.S.A. 1947, § 42-1108; Acts 1987, No. 251, § 1.

(a) It shall be unlawful to transmit over a frequency assigned to a law enforcement agency or department unless it has been approved by the agency or department head or his or her designee.

(b) Violation of this or any other portion of this subchapter shall constitute a Class A misdemeanor.

Acts 1979, No. 520, § 8; A.S.A. 1947, § 42-1108; Acts 1987, No. 251, § 1.
Ark. Code Ann. § 12-41-502 — AR Code / Title 12 / Chapter 41 / Subchapter 5 / Section 12-41-502
Supervision
Status: in_force

The county sheriff of each county in this state shall have the custody, rule, and charge of the jail within his or her county and all prisoners committed in his or her county, and he or she may appoint a jailer for whose conduct he or she shall be responsible. Rev. Stat., ch. 81, § 2; C. & M. Dig., § 6207; Pope's Dig., § 8170; A.S.A. 1947, § 46-402.

The county sheriff of each county in this state shall have the custody, rule, and charge of the jail within his or her county and all prisoners committed in his or her county, and he or she may appoint a jailer for whose conduct he or she shall be responsible.

Rev. Stat., ch. 81, § 2; C. & M. Dig., § 6207; Pope's Dig., § 8170; A.S.A. 1947, § 46-402.
Ark. Code Ann. § 12-62-101 — AR Code / Title 12 / Chapter 62 / Subchapter 1 / Section 12-62-101
Appointment
Status: in_force

(a) All commissioned officers of the National Guard shall be appointed and promoted by the Governor upon recommendation of the Adjutant General and must be citizens of the United States eighteen (18) years of age or older. (b) General officers above the grade of brigadier general shall be appointed and promoted by the Governor with the consent of the Senate. Amended by Act 2023, No. 794,§ 15, eff. 4/12/2023. Acts 1969, No. 50, § 29; A.S.A. 1947, § 11-301.

(a) All commissioned officers of the National Guard shall be appointed and promoted by the Governor upon recommendation of the Adjutant General and must be citizens of the United States eighteen (18) years of age or older.

(b) General officers above the grade of brigadier general shall be appointed and promoted by the Governor with the consent of the Senate.

Amended by Act 2023, No. 794,§ 15, eff. 4/12/2023.

Acts 1969, No. 50, § 29; A.S.A. 1947, § 11-301.
Ark. Code Ann. § 12-8-301 — AR Code / Title 12 / Chapter 8 / Subchapter 3 / Section 12-8-301
Title
Status: in_force

This subchapter shall be known and may be cited as the "Division of Arkansas State Police Communications Equipment Leasing Act". Amended by Act 2019, No. 910,§ 5790, eff. 7/1/2019. Acts 1985, No. 817, § 1; A.S.A. 1947, § 42-468.

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

Amended by Act 2019, No. 910,§ 5790, eff. 7/1/2019.

Acts 1985, No. 817, § 1; A.S.A. 1947, § 42-468.
Ark. Code Ann. § 12-18-705 — AR Code / Title 12 / Chapter 18 / Subchapter 7 / Section 12-18-705
Notice if the alleged offender is at least fourteen years of age and less than eighteen years of age
Status: in_force

(a) If the report was determined true and the alleged offender is at least fourteen (14) years of age and less than eighteen (18) years of age at the time the act or omission occurred, a notice shall be given as provided in this section. (b) The notice under this section shall be provided as follows: (1) If the alleged offender is in foster care, the Department of Human Services and the Department of Arkansas State Police shall notify the alleged offender's counsel and the legal parents, legal guardians, and current foster parents of the alleged offender; or (2) If the alleged offender is not in foster care, the Department of Human Services and the Department of Arkansas State Police shall notify the legal parents and legal guardians of the alleged offender. (c) The notice under this section shall include the following: (1) The investigative determination, excluding data that would identify the person who made the report to the Child Abuse Hotline; (2) A statement that the matter has been referred for an automatic administrative hearing that may be waived only by the alleged offender or his or her parent or legal guardian in writing; (3) The potential consequences to the alleged offender if the alleged offender's name is placed in the Child Maltreatment Central Registry; (4) A statement that the alleged offender has a right to have an attorney and if the person cannot afford an attorney to contact the Center for Arkansas Legal Services; (5) A statement that if the alleged offender's name is placed on the registry, the alleged offender's name may be automatically removed after one (1) year or the alleged offender may be able to petition for removal after one (1) year, depending on the finding; (6) A statement that the administrative hearing may take place in person if requested by the alleged offender, the alleged offender's parent or guardian, or the alleged offender's attorney within thirty (30) days from the date that the alleged offender receives notification under this section; and (7) The name of the person making the notification, his or her title or position, and current contact information. Amended by Act 2015, No. 1004,§ 22, eff. 7/22/2015. Amended by Act 2013, No. 1006,§ 19, eff. 8/16/2013. Acts 2009, No. 749, § 1; 2011, No. 1143, § 15.

(a) If the report was determined true and the alleged offender is at least fourteen (14) years of age and less than eighteen (18) years of age at the time the act or omission occurred, a notice shall be given as provided in this section.

(b) The notice under this section shall be provided as follows: (1) If the alleged offender is in foster care, the Department of Human Services and the Department of Arkansas State Police shall notify the alleged offender's counsel and the legal parents, legal guardians, and current foster parents of the alleged offender; or (2) If the alleged offender is not in foster care, the Department of Human Services and the Department of Arkansas State Police shall notify the legal parents and legal guardians of the alleged offender.

(1) If the alleged offender is in foster care, the Department of Human Services and the Department of Arkansas State Police shall notify the alleged offender's counsel and the legal parents, legal guardians, and current foster parents of the alleged offender; or

(2) If the alleged offender is not in foster care, the Department of Human Services and the Department of Arkansas State Police shall notify the legal parents and legal guardians of the alleged offender.

(c) The notice under this section shall include the following: (1) The investigative determination, excluding data that would identify the person who made the report to the Child Abuse Hotline; (2) A statement that the matter has been referred for an automatic administrative hearing that may be waived only by the alleged offender or his or her parent or legal guardian in writing; (3) The potential consequences to the alleged offender if the alleged offender's name is placed in the Child Maltreatment Central Registry; (4) A statement that the alleged offender has a right to have an attorney and if the person cannot afford an attorney to contact the Center for Arkansas Legal Services; (5) A statement that if the alleged offender's name is placed on the registry, the alleged offender's name may be automatically removed after one (1) year or the alleged offender may be able to petition for removal after one (1) year, depending on the finding; (6) A statement that the administrative hearing may take place in person if requested by the alleged offender, the alleged offender's parent or guardian, or the alleged offender's attorney within thirty (30) days from the date that the alleged offender receives notification under this section; and (7) The name of the person making the notification, his or her title or position, and current contact information.

(1) The investigative determination, excluding data that would identify the person who made the report to the Child Abuse Hotline;

(2) A statement that the matter has been referred for an automatic administrative hearing that may be waived only by the alleged offender or his or her parent or legal guardian in writing;

(3) The potential consequences to the alleged offender if the alleged offender's name is placed in the Child Maltreatment Central Registry;

(4) A statement that the alleged offender has a right to have an attorney and if the person cannot afford an attorney to contact the Center for Arkansas Legal Services;

(5) A statement that if the alleged offender's name is placed on the registry, the alleged offender's name may be automatically removed after one (1) year or the alleged offender may be able to petition for removal after one (1) year, depending on the finding;

(6) A statement that the administrative hearing may take place in person if requested by the alleged offender, the alleged offender's parent or guardian, or the alleged offender's attorney within thirty (30) days from the date that the alleged offender receives notification under this section; and

(7) The name of the person making the notification, his or her title or position, and current contact information.

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

Amended by Act 2013, No. 1006,§ 19, eff. 8/16/2013.

Acts 2009, No. 749, § 1; 2011, No. 1143, § 15.
Ark. Code Ann. § 12-12-313 — AR Code / Title 12 / Chapter 12 / Subchapter 3 / Section 12-12-313
Records as evidence - Analyst's testimony
Status: in_force

(a) The records and reports of autopsies, evidence analyses, drug analyses, and any investigations made by the State Crime Laboratory under the authority of this subchapter shall be received as competent evidence as to the matters contained therein in the courts of this state subject to the applicable rules of criminal procedure or civil procedure when duly attested to by the Director of the State Crime Laboratory or his or her assistants, associates, or deputies. (b) This section does not abrogate a defendant's right of cross-examination if notice of intention to cross-examine is given before the date of a hearing or trial pursuant to the applicable rules of criminal procedure or civil procedure. (c) The testimony of the appropriate analyst may be compelled by the issuance of a proper subpoena, in which case the records and reports shall be admissible through the analyst who shall be subject to cross-examination by the defendant or his or her counsel, either in person or via two-way closed-circuit or satellite-transmitted television pursuant to subsection (e) of this section. (d) (1) All records and reports of an evidence analysis of the laboratory shall be received as competent evidence as to the facts in any court or other proceeding when duly attested to by the analyst who performed the analysis. (2) The defendant shall give at least ten (10) days' notice prior to the proceedings that he or she requests the presence of the analyst of the laboratory who performed the analysis for the purpose of cross-examination. (3) Nothing in this subsection shall be construed to abrogate the defendant's right to cross-examine. (e) Except trials in which the defendant is charged with capital murder, § 5-10-101 , or murder in the first degree, § 5-10-102 , in all criminal trials upon motion of the prosecutor the court may allow the prosecutor to present the testimony of the appropriate analyst by contemporaneous transmission from a laboratory facility via two-way closed-circuit or satellite-transmitted television which shall allow the examination and cross-examination of the analyst to proceed as though the analyst were testifying in the courtroom: (1) After notice to the defendant; (2) Upon proper showing of good cause and sufficient safeguards to satisfy all state and federal constitutional requirements of oath, confrontation, cross-examination, and observation of the witness's demeanor and testimony by the defendant, the court, and the jury; and (3) Absent a showing of prejudice by the defendant. Amended by Act 2019, No. 910,§ 5848, eff. 7/1/2019. Amended by Act 2013, No. 297,§ 1, eff. 8/16/2013. Acts 1979, No. 864, § 18; A.S.A. 1947, § 42-1220; Acts 1989, No. 889, §§ 1, 2; 1999, No. 565, § 1.

(a) The records and reports of autopsies, evidence analyses, drug analyses, and any investigations made by the State Crime Laboratory under the authority of this subchapter shall be received as competent evidence as to the matters contained therein in the courts of this state subject to the applicable rules of criminal procedure or civil procedure when duly attested to by the Director of the State Crime Laboratory or his or her assistants, associates, or deputies.

(b) This section does not abrogate a defendant's right of cross-examination if notice of intention to cross-examine is given before the date of a hearing or trial pursuant to the applicable rules of criminal procedure or civil procedure.

(c) The testimony of the appropriate analyst may be compelled by the issuance of a proper subpoena, in which case the records and reports shall be admissible through the analyst who shall be subject to cross-examination by the defendant or his or her counsel, either in person or via two-way closed-circuit or satellite-transmitted television pursuant to subsection (e) of this section.

(d) (1) All records and reports of an evidence analysis of the laboratory shall be received as competent evidence as to the facts in any court or other proceeding when duly attested to by the analyst who performed the analysis. (2) The defendant shall give at least ten (10) days' notice prior to the proceedings that he or she requests the presence of the analyst of the laboratory who performed the analysis for the purpose of cross-examination. (3) Nothing in this subsection shall be construed to abrogate the defendant's right to cross-examine.

(1) All records and reports of an evidence analysis of the laboratory shall be received as competent evidence as to the facts in any court or other proceeding when duly attested to by the analyst who performed the analysis.

(2) The defendant shall give at least ten (10) days' notice prior to the proceedings that he or she requests the presence of the analyst of the laboratory who performed the analysis for the purpose of cross-examination.

(3) Nothing in this subsection shall be construed to abrogate the defendant's right to cross-examine.

(e) Except trials in which the defendant is charged with capital murder, § 5-10-101 , or murder in the first degree, § 5-10-102 , in all criminal trials upon motion of the prosecutor the court may allow the prosecutor to present the testimony of the appropriate analyst by contemporaneous transmission from a laboratory facility via two-way closed-circuit or satellite-transmitted television which shall allow the examination and cross-examination of the analyst to proceed as though the analyst were testifying in the courtroom: (1) After notice to the defendant; (2) Upon proper showing of good cause and sufficient safeguards to satisfy all state and federal constitutional requirements of oath, confrontation, cross-examination, and observation of the witness's demeanor and testimony by the defendant, the court, and the jury; and (3) Absent a showing of prejudice by the defendant.

(1) After notice to the defendant;

(2) Upon proper showing of good cause and sufficient safeguards to satisfy all state and federal constitutional requirements of oath, confrontation, cross-examination, and observation of the witness's demeanor and testimony by the defendant, the court, and the jury; and

(3) Absent a showing of prejudice by the defendant.

Amended by Act 2019, No. 910,§ 5848, eff. 7/1/2019.

Amended by Act 2013, No. 297,§ 1, eff. 8/16/2013.

Acts 1979, No. 864, § 18; A.S.A. 1947, § 42-1220; Acts 1989, No. 889, §§ 1, 2; 1999, No. 565, § 1.
Ark. Code Ann. § 12-9-104 — AR Code / Title 12 / Chapter 9 / Subchapter 1 / Section 12-9-104
Commission's powers generally
Status: in_force

In addition to powers conferred upon the Arkansas Commission on Law Enforcement Standards and Training elsewhere in this subchapter, the commission may: (1) (A) Promulgate rules for the administration of this subchapter. (B) The rules promulgated by the commission shall not go into full force and effect until the commission seeks the advice of the Legislative Council and the House Committee on Public Health, Welfare, and Labor and the Senate Committee on Public Health, Welfare, and Labor or appropriate subcommittees of the Legislative Council and the House Committee on Public Health, Welfare, and Labor and the Senate Committee on Public Health, Welfare, and Labor; (2) Require the submission of reports and information by police departments within this state; (3) (A) Establish minimum selection and training standards for admission to employment as a law enforcement officer or as a private school or private college or university law enforcement officer. (B) The minimum selection and training standards may take into account different requirements for urban and rural areas, full-time and part-time employment, and specialized police personnel; (4) Establish minimum curriculum requirements for preparatory, in-service, and advanced courses and programs of schools operated by or for the state and political subdivisions for the specific purpose of training recruits as law enforcement officers; (5) Consult and cooperate with counties, municipalities, agencies of this state, other governmental agencies, and with universities, colleges, junior colleges, community colleges, and other institutions or organizations concerning the development of police training schools and programs or courses of instruction; (6) Approve institutions and facilities to be used by or for the state or any political subdivision of the state for the specific purpose of training law enforcement officers and recruits; (7) Adopt rules and minimum standards for schools, including without limitation: (A) The curriculum for: (i) Probationary police officers, which shall be offered by all certified schools, including without limitation courses on: (a) Accident investigation; (b) Arrest; (c) Civil rights; (d) Court testimonies; (e) Criminal law; (f) Firearms training; (g) First aid; (h) Handling of juvenile offenders; (i) Human relations; (j) Law of criminal procedure; (k) Law of evidence; (l) Physical training; (m) Race relations and sensitivity; (n) Recognition of mental conditions that require immediate assistance and methods to safeguard and provide assistance to a person in need of mental treatment; (o) Reports; (p) Search and seizure; (q) Statements; (r) Techniques of obtaining physical evidence; (s) Traffic control; and (t) Vehicle and traffic law; and (ii) Certified police officers, including without limitation refresher and in-service training in: (a) Any of the courses listed in subdivision (7)(A)(i) of this section; (b) Advanced courses in any of the subjects listed in subdivision (7)(A)(i) of this section; (c) Training for supervisory personnel; and (d) Specialized training in subjects and fields to be selected by the commission; (B) Minimum courses of study, attendance requirements, and equipment requirements; (C) Minimum requirements for instructors; and (D) Minimum basic training requirements that a probationary police officer must satisfactorily complete before being eligible for certification as a law enforcement officer; (8) Make and encourage studies of any aspect of police administration; (9) Conduct and stimulate research by public and private agencies designed to improve police administration and law enforcement; (10) Make recommendations concerning matters within its purview pursuant to this subchapter; (11) Make evaluations as may be necessary to determine if governmental units are complying with this subchapter; (12) Adopt and amend bylaws, consistent with law, for the commission's internal management and control; (13) Enter into contracts or do such things as may be necessary and incidental to the administration of this subchapter; (14) Facilitate training of certified law enforcement officers pursuant to a memorandum of understanding between the State of Arkansas and the United States Department of Justice or the United States Department of Homeland Security concerning the enforcement of federal immigration laws; (15) In consultation with the Arkansas Association of Chiefs of Police, develop and implement suggested selection and training requirements and nonmandatory basic and advanced levels of certification for chiefs of police; (16) In consultation with the Arkansas Sheriffs' Association, develop and implement suggested training requirements and nonmandatory basic and advanced levels of certification for county sheriffs; (17) Adopt rules to implement §§ 14-15-309 and 19-6-821 ; and (18) Impose administrative penalties against a law enforcement agency or governmental entity for violations of commission rules as permitted under § 12-9-120 . Amended by Act 2021, No. 535,§ 2, eff. 7/28/2021. Amended by Act 2017, No. 497,§ 4, eff. 8/1/2017. Amended by Act 2013, No. 551,§ 2, eff. 8/16/2013. Amended by Act 2013, No. 227,§ 1, eff. 8/16/2013. Amended by Act 2013, No. 168,§ 1, eff. 8/16/2013. Acts 1975, No. 452, § 6; 1981, No. 427, § 4; 1983, No. 89, § 3; A.S.A. 1947, §§ 42-701.2, 42-1005; Acts 1993, No. 110, § 1; 1997, No. 179, § 8; 2005, No. 907, § 2; 2009, No. 793, § 1.

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

(1) (A) Promulgate rules for the administration of this subchapter. (B) The rules promulgated by the commission shall not go into full force and effect until the commission seeks the advice of the Legislative Council and the House Committee on Public Health, Welfare, and Labor and the Senate Committee on Public Health, Welfare, and Labor or appropriate subcommittees of the Legislative Council and the House Committee on Public Health, Welfare, and Labor and the Senate Committee on Public Health, Welfare, and Labor;

(A) Promulgate rules for the administration of this subchapter.

(B) The rules promulgated by the commission shall not go into full force and effect until the commission seeks the advice of the Legislative Council and the House Committee on Public Health, Welfare, and Labor and the Senate Committee on Public Health, Welfare, and Labor or appropriate subcommittees of the Legislative Council and the House Committee on Public Health, Welfare, and Labor and the Senate Committee on Public Health, Welfare, and Labor;

(2) Require the submission of reports and information by police departments within this state;

(3) (A) Establish minimum selection and training standards for admission to employment as a law enforcement officer or as a private school or private college or university law enforcement officer. (B) The minimum selection and training standards may take into account different requirements for urban and rural areas, full-time and part-time employment, and specialized police personnel;

(A) Establish minimum selection and training standards for admission to employment as a law enforcement officer or as a private school or private college or university law enforcement officer.

(B) The minimum selection and training standards may take into account different requirements for urban and rural areas, full-time and part-time employment, and specialized police personnel;

(4) Establish minimum curriculum requirements for preparatory, in-service, and advanced courses and programs of schools operated by or for the state and political subdivisions for the specific purpose of training recruits as law enforcement officers;

(5) Consult and cooperate with counties, municipalities, agencies of this state, other governmental agencies, and with universities, colleges, junior colleges, community colleges, and other institutions or organizations concerning the development of police training schools and programs or courses of instruction;

(6) Approve institutions and facilities to be used by or for the state or any political subdivision of the state for the specific purpose of training law enforcement officers and recruits;

(7) Adopt rules and minimum standards for schools, including without limitation: (A) The curriculum for: (i) Probationary police officers, which shall be offered by all certified schools, including without limitation courses on: (a) Accident investigation; (b) Arrest; (c) Civil rights; (d) Court testimonies; (e) Criminal law; (f) Firearms training; (g) First aid; (h) Handling of juvenile offenders; (i) Human relations; (j) Law of criminal procedure; (k) Law of evidence; (l) Physical training; (m) Race relations and sensitivity; (n) Recognition of mental conditions that require immediate assistance and methods to safeguard and provide assistance to a person in need of mental treatment; (o) Reports; (p) Search and seizure; (q) Statements; (r) Techniques of obtaining physical evidence; (s) Traffic control; and (t) Vehicle and traffic law; and (ii) Certified police officers, including without limitation refresher and in-service training in: (a) Any of the courses listed in subdivision (7)(A)(i) of this section; (b) Advanced courses in any of the subjects listed in subdivision (7)(A)(i) of this section; (c) Training for supervisory personnel; and (d) Specialized training in subjects and fields to be selected by the commission; (B) Minimum courses of study, attendance requirements, and equipment requirements; (C) Minimum requirements for instructors; and (D) Minimum basic training requirements that a probationary police officer must satisfactorily complete before being eligible for certification as a law enforcement officer;

(A) The curriculum for: (i) Probationary police officers, which shall be offered by all certified schools, including without limitation courses on: (a) Accident investigation; (b) Arrest; (c) Civil rights; (d) Court testimonies; (e) Criminal law; (f) Firearms training; (g) First aid; (h) Handling of juvenile offenders; (i) Human relations; (j) Law of criminal procedure; (k) Law of evidence; (l) Physical training; (m) Race relations and sensitivity; (n) Recognition of mental conditions that require immediate assistance and methods to safeguard and provide assistance to a person in need of mental treatment; (o) Reports; (p) Search and seizure; (q) Statements; (r) Techniques of obtaining physical evidence; (s) Traffic control; and (t) Vehicle and traffic law; and (ii) Certified police officers, including without limitation refresher and in-service training in: (a) Any of the courses listed in subdivision (7)(A)(i) of this section; (b) Advanced courses in any of the subjects listed in subdivision (7)(A)(i) of this section; (c) Training for supervisory personnel; and (d) Specialized training in subjects and fields to be selected by the commission;

(i) Probationary police officers, which shall be offered by all certified schools, including without limitation courses on: (a) Accident investigation; (b) Arrest; (c) Civil rights; (d) Court testimonies; (e) Criminal law; (f) Firearms training; (g) First aid; (h) Handling of juvenile offenders; (i) Human relations; (j) Law of criminal procedure; (k) Law of evidence; (l) Physical training; (m) Race relations and sensitivity; (n) Recognition of mental conditions that require immediate assistance and methods to safeguard and provide assistance to a person in need of mental treatment; (o) Reports; (p) Search and seizure; (q) Statements; (r) Techniques of obtaining physical evidence; (s) Traffic control; and (t) Vehicle and traffic law; and

(a) Accident investigation;

(b) Arrest;

(c) Civil rights;

(d) Court testimonies;

(e) Criminal law;

(f) Firearms training;

(g) First aid;

(h) Handling of juvenile offenders;

(i) Human relations;

(j) Law of criminal procedure;

(k) Law of evidence;

(l) Physical training;

(m) Race relations and sensitivity;

(n) Recognition of mental conditions that require immediate assistance and methods to safeguard and provide assistance to a person in need of mental treatment;

(o) Reports;

(p) Search and seizure;

(q) Statements;

(r) Techniques of obtaining physical evidence;

(s) Traffic control; and

(t) Vehicle and traffic law; and

(ii) Certified police officers, including without limitation refresher and in-service training in: (a) Any of the courses listed in subdivision (7)(A)(i) of this section; (b) Advanced courses in any of the subjects listed in subdivision (7)(A)(i) of this section; (c) Training for supervisory personnel; and (d) Specialized training in subjects and fields to be selected by the commission;

(a) Any of the courses listed in subdivision (7)(A)(i) of this section;

(b) Advanced courses in any of the subjects listed in subdivision (7)(A)(i) of this section;

(c) Training for supervisory personnel; and

(d) Specialized training in subjects and fields to be selected by the commission;

(B) Minimum courses of study, attendance requirements, and equipment requirements;

(C) Minimum requirements for instructors; and

(D) Minimum basic training requirements that a probationary police officer must satisfactorily complete before being eligible for certification as a law enforcement officer;

(8) Make and encourage studies of any aspect of police administration;

(9) Conduct and stimulate research by public and private agencies designed to improve police administration and law enforcement;

(10) Make recommendations concerning matters within its purview pursuant to this subchapter;

(11) Make evaluations as may be necessary to determine if governmental units are complying with this subchapter;

(12) Adopt and amend bylaws, consistent with law, for the commission's internal management and control;

(13) Enter into contracts or do such things as may be necessary and incidental to the administration of this subchapter;

(14) Facilitate training of certified law enforcement officers pursuant to a memorandum of understanding between the State of Arkansas and the United States Department of Justice or the United States Department of Homeland Security concerning the enforcement of federal immigration laws;

(15) In consultation with the Arkansas Association of Chiefs of Police, develop and implement suggested selection and training requirements and nonmandatory basic and advanced levels of certification for chiefs of police;

(16) In consultation with the Arkansas Sheriffs' Association, develop and implement suggested training requirements and nonmandatory basic and advanced levels of certification for county sheriffs;

(17) Adopt rules to implement §§ 14-15-309 and 19-6-821 ; and

(18) Impose administrative penalties against a law enforcement agency or governmental entity for violations of commission rules as permitted under § 12-9-120 .

Amended by Act 2021, No. 535,§ 2, eff. 7/28/2021.

Amended by Act 2017, No. 497,§ 4, eff. 8/1/2017.

Amended by Act 2013, No. 551,§ 2, eff. 8/16/2013.

Amended by Act 2013, No. 227,§ 1, eff. 8/16/2013.

Amended by Act 2013, No. 168,§ 1, eff. 8/16/2013.

Acts 1975, No. 452, § 6; 1981, No. 427, § 4; 1983, No. 89, § 3; A.S.A. 1947, §§ 42-701.2, 42-1005; Acts 1993, No. 110, § 1; 1997, No. 179, § 8; 2005, No. 907, § 2; 2009, No. 793, § 1.
Ark. Code Ann. § 12-18-808 — AR Code / Title 12 / Chapter 18 / Subchapter 8 / Section 12-18-808
Notice of juvenile division circuit court proceedings
Status: in_force

(a) The Department of Human Services and the Department of Arkansas State Police shall notify the administrative law judge and the petitioner of the status of any juvenile division of circuit court proceeding involving the victim if child maltreatment at issue in the administrative hearing proceeding is also an issue in the juvenile division of circuit court proceeding. (b) Notice from the Department of Human Services and the Department of Arkansas State Police under this section shall also include whether the Department of Human Services exercised a seventy-two-hour hold on the victim and released the child or if the Department of Human Services or division of circuit court dismissed a petition for emergency custody or dependency-neglect. Amended by Act 2015, No. 1004,§ 26, eff. 7/22/2015. Acts 2009, No. 749, § 1.

(a) The Department of Human Services and the Department of Arkansas State Police shall notify the administrative law judge and the petitioner of the status of any juvenile division of circuit court proceeding involving the victim if child maltreatment at issue in the administrative hearing proceeding is also an issue in the juvenile division of circuit court proceeding.

(b) Notice from the Department of Human Services and the Department of Arkansas State Police under this section shall also include whether the Department of Human Services exercised a seventy-two-hour hold on the victim and released the child or if the Department of Human Services or division of circuit court dismissed a petition for emergency custody or dependency-neglect.

Amended by Act 2015, No. 1004,§ 26, eff. 7/22/2015.

Acts 2009, No. 749, § 1.
Ark. Code Ann. § 12-64-835 — AR Code / Title 12 / Chapter 64 / Subchapter 8 / Section 12-64-835
Misbehavior while at post
Status: in_force

Any person subject to this code who is found drunk on duty or sleeping upon his or her post, or who leaves his or her post before he or she is regularly relieved, shall be punished as a court-martial may direct. Acts 1969, No. 50, § 153; A.S.A. 1947, § 11-735.

Any person subject to this code who is found drunk on duty or sleeping upon his or her post, or who leaves his or her post before he or she is regularly relieved, shall be punished as a court-martial may direct.

Acts 1969, No. 50, § 153; A.S.A. 1947, § 11-735.
Ark. Code Ann. § 12-64-410 — AR Code / Title 12 / Chapter 64 / Subchapter 4 / Section 12-64-410
Trial and defense counsel
Status: in_force

(a) For each general and special court-martial, the authority convening the court shall detail trial counsel and defense counsel. (b) (1) A person who has acted as investigating officer, military judge, or court member in any case shall not later act as trial counsel, assistant trial counsel, or, unless expressly requested by the accused, defense counsel or assistant defense counsel in the same case. (2) A person who has acted for the prosecution shall not act later in the same case for the defense. (3) A person who has acted for the defense shall not act later in the same case for the prosecution. (c) (1) If a victim of a crime committed subject to this code has a special victims' counsel provided at the expense of an appropriate government agency, the special victims' counsel shall be afforded all of the rights and privileges offered to counsel at similar courts of the United States Army and the United States Air Force. (2) A judge advocate certified to practice before military courts is fully certified and qualified to serve as a military judge, trial counsel, defense counsel, or special victims' counsel for the courts convened under this code, without regard to the judge advocate's licensing state. (3) Any counsel furnished at the expense of the United States Government or the state government shall be qualified to serve as a military judge, trial counsel, defense counsel, or special victims' counsel under this section and, if qualified, shall be exempt from any fees or additional requirements. Amended by Act 2023, No. 322,§ 3, eff. 8/1/2023. Amended by Act 2019, No. 211,§ 11, eff. 2/26/2019. Amended by Act 2015, No. 1003,§ 16, eff. 7/22/2015. Acts 1969, No. 50, § 73; A.S.A. 1947, § 11-628; Acts 1987, No. 125, § 4.

(a) For each general and special court-martial, the authority convening the court shall detail trial counsel and defense counsel.

(b) (1) A person who has acted as investigating officer, military judge, or court member in any case shall not later act as trial counsel, assistant trial counsel, or, unless expressly requested by the accused, defense counsel or assistant defense counsel in the same case. (2) A person who has acted for the prosecution shall not act later in the same case for the defense. (3) A person who has acted for the defense shall not act later in the same case for the prosecution.

(1) A person who has acted as investigating officer, military judge, or court member in any case shall not later act as trial counsel, assistant trial counsel, or, unless expressly requested by the accused, defense counsel or assistant defense counsel in the same case.

(2) A person who has acted for the prosecution shall not act later in the same case for the defense.

(3) A person who has acted for the defense shall not act later in the same case for the prosecution.

(c) (1) If a victim of a crime committed subject to this code has a special victims' counsel provided at the expense of an appropriate government agency, the special victims' counsel shall be afforded all of the rights and privileges offered to counsel at similar courts of the United States Army and the United States Air Force. (2) A judge advocate certified to practice before military courts is fully certified and qualified to serve as a military judge, trial counsel, defense counsel, or special victims' counsel for the courts convened under this code, without regard to the judge advocate's licensing state. (3) Any counsel furnished at the expense of the United States Government or the state government shall be qualified to serve as a military judge, trial counsel, defense counsel, or special victims' counsel under this section and, if qualified, shall be exempt from any fees or additional requirements.

(1) If a victim of a crime committed subject to this code has a special victims' counsel provided at the expense of an appropriate government agency, the special victims' counsel shall be afforded all of the rights and privileges offered to counsel at similar courts of the United States Army and the United States Air Force.

(2) A judge advocate certified to practice before military courts is fully certified and qualified to serve as a military judge, trial counsel, defense counsel, or special victims' counsel for the courts convened under this code, without regard to the judge advocate's licensing state.

(3) Any counsel furnished at the expense of the United States Government or the state government shall be qualified to serve as a military judge, trial counsel, defense counsel, or special victims' counsel under this section and, if qualified, shall be exempt from any fees or additional requirements.

Amended by Act 2023, No. 322,§ 3, eff. 8/1/2023.

Amended by Act 2019, No. 211,§ 11, eff. 2/26/2019.

Amended by Act 2015, No. 1003,§ 16, eff. 7/22/2015.

Acts 1969, No. 50, § 73; A.S.A. 1947, § 11-628; Acts 1987, No. 125, § 4.
Ark. Code Ann. § 12-12-1711 — AR Code / Title 12 / Chapter 12 / Subchapter 17 / Section 12-12-1711
Procedures for investigation by the Department of Human Services
Status: in_force

(a) The Department of Human Services shall conduct a thorough investigation of all suspected adult maltreatment or long-term care facility resident maltreatment in accordance with this subchapter. (b) (1) (A) The investigation shall be completed and an investigative determination entered within: (i) Ninety (90) days for an allegation of exploitation; or (ii) Sixty (60) days for any other type of adult maltreatment allegation. (B) The department may extend an investigation for up to an additional forty-five (45) days if the department is unable to complete the investigation or written investigative report due to untimely or uncooperative records, interviews, or information being provided by a source necessary for the investigation. (2) The investigation shall be conducted by an examination and review of the allegations and any other information concerning suspected adult maltreatment or long-term care facility resident maltreatment received by or collected by the department from any source. (3) The investigation and written investigative report shall include: (A) The nature, extent, and cause of the adult maltreatment or long-term care facility resident maltreatment; (B) The identity of the person responsible; (C) The names and conditions of other adults in the home, if the incident occurred in a home; (D) An evaluation of the persons responsible for the care of the maltreated person, if any; (E) The home environment, the relationship of the maltreated person to the next of kin or other person responsible for his or her care, and all other pertinent data; and (F) (i) If the incident occurred in the home, a visit to the maltreated person's home and an interview with the maltreated person. (ii) An investigator shall interview the maltreated person alone and out of the hearing of any next of kin or other person responsible for the maltreated person's care. (iii) If necessary, an interpreter may be present during the interview of the maltreated person. Amended by Act 2021, No. 549,§ 1, eff. 7/28/2021. Amended by Act 2019, No. 967,§ 2, eff. 4/12/2019. Acts 2005, No. 1812, § 1.

(a) The Department of Human Services shall conduct a thorough investigation of all suspected adult maltreatment or long-term care facility resident maltreatment in accordance with this subchapter.

(b) (1) (A) The investigation shall be completed and an investigative determination entered within: (i) Ninety (90) days for an allegation of exploitation; or (ii) Sixty (60) days for any other type of adult maltreatment allegation. (B) The department may extend an investigation for up to an additional forty-five (45) days if the department is unable to complete the investigation or written investigative report due to untimely or uncooperative records, interviews, or information being provided by a source necessary for the investigation. (2) The investigation shall be conducted by an examination and review of the allegations and any other information concerning suspected adult maltreatment or long-term care facility resident maltreatment received by or collected by the department from any source. (3) The investigation and written investigative report shall include: (A) The nature, extent, and cause of the adult maltreatment or long-term care facility resident maltreatment; (B) The identity of the person responsible; (C) The names and conditions of other adults in the home, if the incident occurred in a home; (D) An evaluation of the persons responsible for the care of the maltreated person, if any; (E) The home environment, the relationship of the maltreated person to the next of kin or other person responsible for his or her care, and all other pertinent data; and (F) (i) If the incident occurred in the home, a visit to the maltreated person's home and an interview with the maltreated person. (ii) An investigator shall interview the maltreated person alone and out of the hearing of any next of kin or other person responsible for the maltreated person's care. (iii) If necessary, an interpreter may be present during the interview of the maltreated person.

(1) (A) The investigation shall be completed and an investigative determination entered within: (i) Ninety (90) days for an allegation of exploitation; or (ii) Sixty (60) days for any other type of adult maltreatment allegation. (B) The department may extend an investigation for up to an additional forty-five (45) days if the department is unable to complete the investigation or written investigative report due to untimely or uncooperative records, interviews, or information being provided by a source necessary for the investigation.

(A) The investigation shall be completed and an investigative determination entered within: (i) Ninety (90) days for an allegation of exploitation; or (ii) Sixty (60) days for any other type of adult maltreatment allegation.

(i) Ninety (90) days for an allegation of exploitation; or

(ii) Sixty (60) days for any other type of adult maltreatment allegation.

(B) The department may extend an investigation for up to an additional forty-five (45) days if the department is unable to complete the investigation or written investigative report due to untimely or uncooperative records, interviews, or information being provided by a source necessary for the investigation.

(2) The investigation shall be conducted by an examination and review of the allegations and any other information concerning suspected adult maltreatment or long-term care facility resident maltreatment received by or collected by the department from any source.

(3) The investigation and written investigative report shall include: (A) The nature, extent, and cause of the adult maltreatment or long-term care facility resident maltreatment; (B) The identity of the person responsible; (C) The names and conditions of other adults in the home, if the incident occurred in a home; (D) An evaluation of the persons responsible for the care of the maltreated person, if any; (E) The home environment, the relationship of the maltreated person to the next of kin or other person responsible for his or her care, and all other pertinent data; and (F) (i) If the incident occurred in the home, a visit to the maltreated person's home and an interview with the maltreated person. (ii) An investigator shall interview the maltreated person alone and out of the hearing of any next of kin or other person responsible for the maltreated person's care. (iii) If necessary, an interpreter may be present during the interview of the maltreated person.

(A) The nature, extent, and cause of the adult maltreatment or long-term care facility resident maltreatment;

(B) The identity of the person responsible;

(C) The names and conditions of other adults in the home, if the incident occurred in a home;

(D) An evaluation of the persons responsible for the care of the maltreated person, if any;

(E) The home environment, the relationship of the maltreated person to the next of kin or other person responsible for his or her care, and all other pertinent data; and

(F) (i) If the incident occurred in the home, a visit to the maltreated person's home and an interview with the maltreated person. (ii) An investigator shall interview the maltreated person alone and out of the hearing of any next of kin or other person responsible for the maltreated person's care. (iii) If necessary, an interpreter may be present during the interview of the maltreated person.

(i) If the incident occurred in the home, a visit to the maltreated person's home and an interview with the maltreated person.

(ii) An investigator shall interview the maltreated person alone and out of the hearing of any next of kin or other person responsible for the maltreated person's care.

(iii) If necessary, an interpreter may be present during the interview of the maltreated person.

Amended by Act 2021, No. 549,§ 1, eff. 7/28/2021.

Amended by Act 2019, No. 967,§ 2, eff. 4/12/2019.

Acts 2005, No. 1812, § 1.
Ark. Code Ann. § 12-12-1102 — AR Code / Title 12 / Chapter 12 / Subchapter 11 / Section 12-12-1102
Purpose
Status: in_force

The General Assembly finds and declares that: (1) DNA data banks are an important tool in: (A) Criminal investigations; (B) The exclusion of individuals who are the subjects of criminal investigations or prosecutions; and (C) Deterring and detecting recidivist acts; (2) Several states have enacted laws requiring persons convicted of certain crimes, especially sexual offenses, to provide genetic samples for DNA profiling; (3) Moreover, it is the policy of this state to assist federal, state, and local criminal justice and law enforcement agencies in the identification and detection of individuals in criminal investigations; and (4) It is therefore in the best interest of the State of Arkansas to establish a DNA data base and a DNA data bank containing DNA samples submitted by individuals convicted of sex offenses and violent offenses. Acts 1997, No. 737, § 2.

The General Assembly finds and declares that:

(1) DNA data banks are an important tool in: (A) Criminal investigations; (B) The exclusion of individuals who are the subjects of criminal investigations or prosecutions; and (C) Deterring and detecting recidivist acts;

(A) Criminal investigations;

(B) The exclusion of individuals who are the subjects of criminal investigations or prosecutions; and

(C) Deterring and detecting recidivist acts;

(2) Several states have enacted laws requiring persons convicted of certain crimes, especially sexual offenses, to provide genetic samples for DNA profiling;

(3) Moreover, it is the policy of this state to assist federal, state, and local criminal justice and law enforcement agencies in the identification and detection of individuals in criminal investigations; and

(4) It is therefore in the best interest of the State of Arkansas to establish a DNA data base and a DNA data bank containing DNA samples submitted by individuals convicted of sex offenses and violent offenses.

Acts 1997, No. 737, § 2.
Ark. Code Ann. § 12-62-804 — AR Code / Title 12 / Chapter 62 / Subchapter 8 / Section 12-62-804
Construction
Status: in_force

(a) Nothing in this subchapter shall be construed to waive the sovereign immunity of the State of Arkansas. (b) (1) When construing this subchapter as it relates to employment matters, a court may look for guidance to the Uniformed Services Employment and Reemployment Rights Act of 1994, 38 U.S.C. § 4301 et seq., as in effect on January 1, 2005, as well as federal decisions interpreting the Uniformed Services Employment and Reemployment Rights Act of 1994, 38 U.S.C. § 4301 et seq., as in effect on January 1, 2005. (2) When construing this subchapter as it relates to all other matters, a court may look for guidance to state and federal decisions interpreting the Civil Rights Act of 1871, 42 U.S.C. § 1983 , as in effect on January 1, 2005. Acts 2005, No. 920, § 1.

(a) Nothing in this subchapter shall be construed to waive the sovereign immunity of the State of Arkansas.

(b) (1) When construing this subchapter as it relates to employment matters, a court may look for guidance to the Uniformed Services Employment and Reemployment Rights Act of 1994, 38 U.S.C. § 4301 et seq., as in effect on January 1, 2005, as well as federal decisions interpreting the Uniformed Services Employment and Reemployment Rights Act of 1994, 38 U.S.C. § 4301 et seq., as in effect on January 1, 2005. (2) When construing this subchapter as it relates to all other matters, a court may look for guidance to state and federal decisions interpreting the Civil Rights Act of 1871, 42 U.S.C. § 1983 , as in effect on January 1, 2005.

(1) When construing this subchapter as it relates to employment matters, a court may look for guidance to the Uniformed Services Employment and Reemployment Rights Act of 1994, 38 U.S.C. § 4301 et seq., as in effect on January 1, 2005, as well as federal decisions interpreting the Uniformed Services Employment and Reemployment Rights Act of 1994, 38 U.S.C. § 4301 et seq., as in effect on January 1, 2005.

(2) When construing this subchapter as it relates to all other matters, a court may look for guidance to state and federal decisions interpreting the Civil Rights Act of 1871, 42 U.S.C. § 1983 , as in effect on January 1, 2005.

Acts 2005, No. 920, § 1.
Ark. Code Ann. § 12-12-1705 — AR Code / Title 12 / Chapter 12 / Subchapter 17 / Section 12-12-1705
Privilege not grounds for exclusion of evidence
Status: in_force

Any privilege between husband and wife or between any professional person and his or her clients, except lawyer and client, including, but not limited to, physicians, members of the clergy, counselors, hospitals, clinics, rest homes, and nursing homes shall not constitute grounds for excluding evidence at any proceeding regarding an endangered person or an impaired person, or the cause of the proceeding. Acts 2005, No. 1812, § 1.

Any privilege between husband and wife or between any professional person and his or her clients, except lawyer and client, including, but not limited to, physicians, members of the clergy, counselors, hospitals, clinics, rest homes, and nursing homes shall not constitute grounds for excluding evidence at any proceeding regarding an endangered person or an impaired person, or the cause of the proceeding.

Acts 2005, No. 1812, § 1.
Ark. Code Ann. § 12-9-125 — AR Code / Title 12 / Chapter 9 / Subchapter 1 / Section 12-9-125
Duty-to-intervene training
Status: in_force

In accordance with the certification requirements of the Arkansas Commission on Law Enforcement Standards and Training, all law enforcement officers in the state shall complete annual training related to a law enforcement officer's duty to intervene if the law enforcement officer observes the use of excessive force by another law enforcement officer. Added by Act 2021, No. 792,§ 1, eff. 7/28/2021.

In accordance with the certification requirements of the Arkansas Commission on Law Enforcement Standards and Training, all law enforcement officers in the state shall complete annual training related to a law enforcement officer's duty to intervene if the law enforcement officer observes the use of excessive force by another law enforcement officer.

Added by Act 2021, No. 792,§ 1, eff. 7/28/2021.
Ark. Code Ann. § 12-62-304 — AR Code / Title 12 / Chapter 62 / Subchapter 3 / Section 12-62-304
Pay and expenses - Civil disorders
Status: in_force

(a) All expenses incurred while on duty or assembled therefor by order of the Governor, upon the request of either the judge, sheriff of a county, or mayor of a city, in aid of the civil authorities, in case of riot, tumult, breach of peace, or resistance to process of this state, or to preserve the public health and safety; all expenses incurred in connection with such duty or as a result thereof, including quartering, caring for, warning for duty, and transporting and subsisting the troops; and all other expenses, including the expense incurred for pay, care, and subsistence of officers and enlisted personnel temporarily disabled in the line of duty, while on such duty, shall be paid by the county or city at the request of whose judge, sheriff, or mayor, as the case may be, the military forces of the state have been ordered out. (b) If troops on duty in aid of the civil authorities render service in more than one (1) county or city, the expenses and compensation of the troops shall be apportioned among counties or cities in which the service is rendered by the officer who approves the vouchers and payrolls for such expenses and compensation, certified by the officers commanding the forces, and approved by the Governor. The Governor shall allow the expenses and direct that the claims be paid to the forces ordered to duty out of the general revenue of the county or city, as the case may be. However, where the troops are called out by the Governor to aid in the prevention or suppression of contagious diseases or other causes where the entire state is involved, the expenses shall be paid by the state. (c) Any county treasurer or public officer who neglects or refuses to perform any of the duties required by this section shall be personally charged with the costs and all necessary disbursements of any action or proceeding brought to compel such performance, together with a reasonable additional allowance to the plaintiff or relator in the action or proceeding, to be fixed by the court. Acts 1969, No. 50, § 185; A.S.A. 1947, § 11-902.

(a) All expenses incurred while on duty or assembled therefor by order of the Governor, upon the request of either the judge, sheriff of a county, or mayor of a city, in aid of the civil authorities, in case of riot, tumult, breach of peace, or resistance to process of this state, or to preserve the public health and safety; all expenses incurred in connection with such duty or as a result thereof, including quartering, caring for, warning for duty, and transporting and subsisting the troops; and all other expenses, including the expense incurred for pay, care, and subsistence of officers and enlisted personnel temporarily disabled in the line of duty, while on such duty, shall be paid by the county or city at the request of whose judge, sheriff, or mayor, as the case may be, the military forces of the state have been ordered out.

(b) If troops on duty in aid of the civil authorities render service in more than one (1) county or city, the expenses and compensation of the troops shall be apportioned among counties or cities in which the service is rendered by the officer who approves the vouchers and payrolls for such expenses and compensation, certified by the officers commanding the forces, and approved by the Governor. The Governor shall allow the expenses and direct that the claims be paid to the forces ordered to duty out of the general revenue of the county or city, as the case may be. However, where the troops are called out by the Governor to aid in the prevention or suppression of contagious diseases or other causes where the entire state is involved, the expenses shall be paid by the state.

(c) Any county treasurer or public officer who neglects or refuses to perform any of the duties required by this section shall be personally charged with the costs and all necessary disbursements of any action or proceeding brought to compel such performance, together with a reasonable additional allowance to the plaintiff or relator in the action or proceeding, to be fixed by the court.

Acts 1969, No. 50, § 185; A.S.A. 1947, § 11-902.
Ark. Code Ann. § 12-18-810 — AR Code / Title 12 / Chapter 18 / Subchapter 8 / Section 12-18-810
Authority to amend investigative determinations based on evidence
Status: in_force

(a) An administrative law judge may amend an investigative determination to conform with the evidence presented. (b) (1) If the alleged offender could not reasonably infer the amended investigative determination from the investigative record and information submitted by the Department of Human Services and the Department of Arkansas State Police, the administrative law judge shall, upon request, grant a continuance to the alleged offender. (2) However, an amendment of the investigative determination shall not be done after the conclusion of the hearing. Amended by Act 2015, No. 1004,§ 27, eff. 7/22/2015. Acts 2009, No. 749, § 1.

(a) An administrative law judge may amend an investigative determination to conform with the evidence presented.

(b) (1) If the alleged offender could not reasonably infer the amended investigative determination from the investigative record and information submitted by the Department of Human Services and the Department of Arkansas State Police, the administrative law judge shall, upon request, grant a continuance to the alleged offender. (2) However, an amendment of the investigative determination shall not be done after the conclusion of the hearing.

(1) If the alleged offender could not reasonably infer the amended investigative determination from the investigative record and information submitted by the Department of Human Services and the Department of Arkansas State Police, the administrative law judge shall, upon request, grant a continuance to the alleged offender.

(2) However, an amendment of the investigative determination shall not be done after the conclusion of the hearing.

Amended by Act 2015, No. 1004,§ 27, eff. 7/22/2015.

Acts 2009, No. 749, § 1.
Ark. Code Ann. § 12-29-502 — AR Code / Title 12 / Chapter 29 / Subchapter 5 / Section 12-29-502
Definitions
Status: in_force

As used in this subchapter: (1) "Board" means the Board of Corrections; (2) "Cost of care" means the cost to the Department of Correction or the Department of Community Correction for providing room, board, clothing, medical, and other normal living expenses of inmates in the Department of Correction or the Department of Community Correction, as determined from time to time by the board; (3) "Director" means the Director of the Department of Correction or the Director of the Department of Community Correction; and (4) "Estate" means any tangible or intangible properties, real or personal, belonging to or due an inmate confined to an institution of the Department of Correction or the Department of Community Correction, including income or payments to the inmate from Social Security, previously earned salary or wages, bonuses, annuities, pensions, or retirement benefits, or any source whatsoever. Amended by Act 2013, No. 289,§ 1, eff. 8/16/2013. Acts 1981, No. 715, § 2; A.S.A. 1947, § 46-1702.

As used in this subchapter:

(1) "Board" means the Board of Corrections;

(2) "Cost of care" means the cost to the Department of Correction or the Department of Community Correction for providing room, board, clothing, medical, and other normal living expenses of inmates in the Department of Correction or the Department of Community Correction, as determined from time to time by the board;

(3) "Director" means the Director of the Department of Correction or the Director of the Department of Community Correction; and

(4) "Estate" means any tangible or intangible properties, real or personal, belonging to or due an inmate confined to an institution of the Department of Correction or the Department of Community Correction, including income or payments to the inmate from Social Security, previously earned salary or wages, bonuses, annuities, pensions, or retirement benefits, or any source whatsoever.

Amended by Act 2013, No. 289,§ 1, eff. 8/16/2013.

Acts 1981, No. 715, § 2; A.S.A. 1947, § 46-1702.