Ark. Code Ann. § 12-12-107 — AR Code / Title 12 / Chapter 12 / Subchapter 1 / Section 12-12-107
Adult abuse and domestic violence reporting - Definitions
Status: in_force

(a) As used in this section: (1) "Adult" means an individual eighteen (18) years of age or older who is not a maltreated adult under the Adult and Long-Term Care Facility Resident Maltreatment Act, § 12-12-1701 et seq.; and (2) "Health care provider" means a person, corporation, facility, or institution licensed, certified, or otherwise authorized by the law of this state to administer health care in the ordinary course of business or practice of a profession. (b) A health care provider may report to a law enforcement agency an injury to an adult that the health care provider has reason to believe is the result of a battery or other physically abusive conduct, including physical injuries resulting from domestic violence, if the: (1) Injured adult agrees; or (2) Health care provider determines that the report is necessary to prevent serious harm to the injured adult. (c) A health care provider that makes a report under subdivision (b)(2) of this section shall promptly inform the injured adult that the report has been or will be made. (d) A report under this section shall state the name of the injured adult and the character and extent of the adult's injuries. (e) A report under this section shall be made to one (1) or more of the following law enforcement agencies: (1) The county sheriff; (2) Within a city of the first class, the municipal law enforcement agency; or (3) The Department of Arkansas State Police. (f) A health care provider making or deciding not to make a report in good faith under this section is immune from criminal or civil liability for making or deciding not to make the report. Acts 2011, No. 1004, § 1.

(a) As used in this section: (1) "Adult" means an individual eighteen (18) years of age or older who is not a maltreated adult under the Adult and Long-Term Care Facility Resident Maltreatment Act, § 12-12-1701 et seq.; and (2) "Health care provider" means a person, corporation, facility, or institution licensed, certified, or otherwise authorized by the law of this state to administer health care in the ordinary course of business or practice of a profession.

(1) "Adult" means an individual eighteen (18) years of age or older who is not a maltreated adult under the Adult and Long-Term Care Facility Resident Maltreatment Act, § 12-12-1701 et seq.; and

(2) "Health care provider" means a person, corporation, facility, or institution licensed, certified, or otherwise authorized by the law of this state to administer health care in the ordinary course of business or practice of a profession.

(b) A health care provider may report to a law enforcement agency an injury to an adult that the health care provider has reason to believe is the result of a battery or other physically abusive conduct, including physical injuries resulting from domestic violence, if the: (1) Injured adult agrees; or (2) Health care provider determines that the report is necessary to prevent serious harm to the injured adult.

(1) Injured adult agrees; or

(2) Health care provider determines that the report is necessary to prevent serious harm to the injured adult.

(c) A health care provider that makes a report under subdivision (b)(2) of this section shall promptly inform the injured adult that the report has been or will be made.

(d) A report under this section shall state the name of the injured adult and the character and extent of the adult's injuries.

(e) A report under this section shall be made to one (1) or more of the following law enforcement agencies: (1) The county sheriff; (2) Within a city of the first class, the municipal law enforcement agency; or (3) The Department of Arkansas State Police.

(1) The county sheriff;

(2) Within a city of the first class, the municipal law enforcement agency; or

(3) The Department of Arkansas State Police.

(f) A health care provider making or deciding not to make a report in good faith under this section is immune from criminal or civil liability for making or deciding not to make the report.

Acts 2011, No. 1004, § 1.
Ark. Code Ann. § 12-29-504 — AR Code / Title 12 / Chapter 29 / Subchapter 5 / Section 12-29-504
Reimbursement proceedings - Appointment of guardian
Status: in_force

(a) (1) When a person is admitted to an institution of the Department of Correction as an inmate or the Department of Community Correction as a resident of a community correction facility, the Attorney General shall petition the Pulaski County Circuit Court or the prosecuting attorney of the county from which the inmate or resident was sentenced shall petition the circuit court of the county from which the person was sentenced if the inmate or resident possesses any estate or becomes possessed of any estate while he or she is in the institution or community correction facility. (2) The petition shall: (A) State that the person is an inmate at an institution of the Department of Correction or a resident of a community correction facility of the Department of Community Correction; (B) State that the Attorney General or prosecuting attorney has good reason to believe and does believe that the inmate or resident has an estate; (C) Pray for the appointment of a guardian of the person if a guardian has not already been appointed; and (D) Pray that the estate may be subjected to payment to the state of the expenses paid and to be paid by the state on behalf of the inmate or resident as an inmate or resident. (b) (1) The circuit court shall then issue a citation to show cause why the prayer of the petitioner should not be granted. (2) If the inmate or resident has a guardian, the petition shall be served upon the guardian. (3) If the inmate or resident does not have a guardian, the petition shall be served at least fourteen (14) days before the date of the hearing upon the inmate or resident by delivering a copy personally or by registered mail to the warden or head of the institution where the person is an inmate or, if the person is a resident of a community correction facility of the Department of Community Correction, to the Director of the Department of Community Correction. (4) The circuit court may appoint a guardian of the person. (c) (1) (A) At the time of the hearing, if it appears that the inmate or resident has an estate that is subject to the claim of the state, without further notice the circuit court shall appoint a guardian of the person and estate of the inmate or resident if the circuit court determines a guardian is necessary for the protection of the rights of all parties concerned. (B) (i) The circuit court shall make an order requiring the guardian or any person or corporation possessing the estate belonging to the inmate or resident to appropriate and apply the estate or part of the estate as appropriate toward reimbursing the state, to the payment of the expenses so far incurred by the state on behalf of the inmate or resident, and a part of the estate toward reimbursing the state for the future expenses that it must pay on the inmate's or resident's behalf. (ii) The reimbursement under subdivision (c)(1)(B)(i) of this section shall not be in excess of the per capita cost of maintaining inmates or residents in the institution or community correction facility in which he or she is an inmate or resident. (2) (A) However, before issuing any order under this subchapter providing for payments from the estate of the inmate or resident for his or her cost of care while confined to an institution of the Department of Correction or community correction facility of the Department of Community Correction, the circuit court shall take into consideration and make allowances for the maintenance and support of the spouse, dependent children, or other persons having a moral or legal right to support and maintenance out of the estate of the inmate or resident. (B) The circuit court shall take the factors under subdivision (c)(2)(A) of this section into consideration in determining the amount to be paid, if any, from the estate of the inmate or resident for his or her cost of care at the Department of Correction or the Department of Community Correction. (d) (1) If a guardian, person, or corporation neglects or refuses to comply with the order, the circuit court shall cite the guardian, person, or corporation to appear before the circuit court at a time as it may direct and to show cause why the guardian, person, or corporation should not be sentenced for contempt of court. (2) As an additional remedy, the Attorney General or prosecuting attorney may enforce payment of the sums provided in the original order by a proper action in the name of the state. (3) If in the opinion of the court the estate of the inmate or resident is sufficient to pay the cost of the proceedings under this section, the estate shall be made liable for the cost of the proceedings by order of the circuit court. (e) (1) The proceedings provided for by this section may be begun at any time after admittance of the person to a facility of the Department of Correction as an inmate or to a community correction facility of the Department of Community Correction as a resident. (2) Recovery may be had for the expenses incurred on behalf of an inmate or resident during the entire period the person is an inmate at a facility of the Department of Correction or a resident of a community correction facility of the Department of Community Correction. Amended by Act 2015, No. 1161,§ 4, eff. 7/22/2015. Amended by Act 2013, No. 289,§ 3, eff. 8/16/2013. Acts 1981, No. 715, § 4; A.S.A. 1947, § 46-1704.

(a) (1) When a person is admitted to an institution of the Department of Correction as an inmate or the Department of Community Correction as a resident of a community correction facility, the Attorney General shall petition the Pulaski County Circuit Court or the prosecuting attorney of the county from which the inmate or resident was sentenced shall petition the circuit court of the county from which the person was sentenced if the inmate or resident possesses any estate or becomes possessed of any estate while he or she is in the institution or community correction facility. (2) The petition shall: (A) State that the person is an inmate at an institution of the Department of Correction or a resident of a community correction facility of the Department of Community Correction; (B) State that the Attorney General or prosecuting attorney has good reason to believe and does believe that the inmate or resident has an estate; (C) Pray for the appointment of a guardian of the person if a guardian has not already been appointed; and (D) Pray that the estate may be subjected to payment to the state of the expenses paid and to be paid by the state on behalf of the inmate or resident as an inmate or resident.

(1) When a person is admitted to an institution of the Department of Correction as an inmate or the Department of Community Correction as a resident of a community correction facility, the Attorney General shall petition the Pulaski County Circuit Court or the prosecuting attorney of the county from which the inmate or resident was sentenced shall petition the circuit court of the county from which the person was sentenced if the inmate or resident possesses any estate or becomes possessed of any estate while he or she is in the institution or community correction facility.

(2) The petition shall: (A) State that the person is an inmate at an institution of the Department of Correction or a resident of a community correction facility of the Department of Community Correction; (B) State that the Attorney General or prosecuting attorney has good reason to believe and does believe that the inmate or resident has an estate; (C) Pray for the appointment of a guardian of the person if a guardian has not already been appointed; and (D) Pray that the estate may be subjected to payment to the state of the expenses paid and to be paid by the state on behalf of the inmate or resident as an inmate or resident.

(A) State that the person is an inmate at an institution of the Department of Correction or a resident of a community correction facility of the Department of Community Correction;

(B) State that the Attorney General or prosecuting attorney has good reason to believe and does believe that the inmate or resident has an estate;

(C) Pray for the appointment of a guardian of the person if a guardian has not already been appointed; and

(D) Pray that the estate may be subjected to payment to the state of the expenses paid and to be paid by the state on behalf of the inmate or resident as an inmate or resident.

(b) (1) The circuit court shall then issue a citation to show cause why the prayer of the petitioner should not be granted. (2) If the inmate or resident has a guardian, the petition shall be served upon the guardian. (3) If the inmate or resident does not have a guardian, the petition shall be served at least fourteen (14) days before the date of the hearing upon the inmate or resident by delivering a copy personally or by registered mail to the warden or head of the institution where the person is an inmate or, if the person is a resident of a community correction facility of the Department of Community Correction, to the Director of the Department of Community Correction. (4) The circuit court may appoint a guardian of the person.

(1) The circuit court shall then issue a citation to show cause why the prayer of the petitioner should not be granted.

(2) If the inmate or resident has a guardian, the petition shall be served upon the guardian.

(3) If the inmate or resident does not have a guardian, the petition shall be served at least fourteen (14) days before the date of the hearing upon the inmate or resident by delivering a copy personally or by registered mail to the warden or head of the institution where the person is an inmate or, if the person is a resident of a community correction facility of the Department of Community Correction, to the Director of the Department of Community Correction.

(4) The circuit court may appoint a guardian of the person.

(c) (1) (A) At the time of the hearing, if it appears that the inmate or resident has an estate that is subject to the claim of the state, without further notice the circuit court shall appoint a guardian of the person and estate of the inmate or resident if the circuit court determines a guardian is necessary for the protection of the rights of all parties concerned. (B) (i) The circuit court shall make an order requiring the guardian or any person or corporation possessing the estate belonging to the inmate or resident to appropriate and apply the estate or part of the estate as appropriate toward reimbursing the state, to the payment of the expenses so far incurred by the state on behalf of the inmate or resident, and a part of the estate toward reimbursing the state for the future expenses that it must pay on the inmate's or resident's behalf. (ii) The reimbursement under subdivision (c)(1)(B)(i) of this section shall not be in excess of the per capita cost of maintaining inmates or residents in the institution or community correction facility in which he or she is an inmate or resident. (2) (A) However, before issuing any order under this subchapter providing for payments from the estate of the inmate or resident for his or her cost of care while confined to an institution of the Department of Correction or community correction facility of the Department of Community Correction, the circuit court shall take into consideration and make allowances for the maintenance and support of the spouse, dependent children, or other persons having a moral or legal right to support and maintenance out of the estate of the inmate or resident. (B) The circuit court shall take the factors under subdivision (c)(2)(A) of this section into consideration in determining the amount to be paid, if any, from the estate of the inmate or resident for his or her cost of care at the Department of Correction or the Department of Community Correction.

(1) (A) At the time of the hearing, if it appears that the inmate or resident has an estate that is subject to the claim of the state, without further notice the circuit court shall appoint a guardian of the person and estate of the inmate or resident if the circuit court determines a guardian is necessary for the protection of the rights of all parties concerned. (B) (i) The circuit court shall make an order requiring the guardian or any person or corporation possessing the estate belonging to the inmate or resident to appropriate and apply the estate or part of the estate as appropriate toward reimbursing the state, to the payment of the expenses so far incurred by the state on behalf of the inmate or resident, and a part of the estate toward reimbursing the state for the future expenses that it must pay on the inmate's or resident's behalf. (ii) The reimbursement under subdivision (c)(1)(B)(i) of this section shall not be in excess of the per capita cost of maintaining inmates or residents in the institution or community correction facility in which he or she is an inmate or resident.

(A) At the time of the hearing, if it appears that the inmate or resident has an estate that is subject to the claim of the state, without further notice the circuit court shall appoint a guardian of the person and estate of the inmate or resident if the circuit court determines a guardian is necessary for the protection of the rights of all parties concerned.

(B) (i) The circuit court shall make an order requiring the guardian or any person or corporation possessing the estate belonging to the inmate or resident to appropriate and apply the estate or part of the estate as appropriate toward reimbursing the state, to the payment of the expenses so far incurred by the state on behalf of the inmate or resident, and a part of the estate toward reimbursing the state for the future expenses that it must pay on the inmate's or resident's behalf. (ii) The reimbursement under subdivision (c)(1)(B)(i) of this section shall not be in excess of the per capita cost of maintaining inmates or residents in the institution or community correction facility in which he or she is an inmate or resident.

(i) The circuit court shall make an order requiring the guardian or any person or corporation possessing the estate belonging to the inmate or resident to appropriate and apply the estate or part of the estate as appropriate toward reimbursing the state, to the payment of the expenses so far incurred by the state on behalf of the inmate or resident, and a part of the estate toward reimbursing the state for the future expenses that it must pay on the inmate's or resident's behalf.

(ii) The reimbursement under subdivision (c)(1)(B)(i) of this section shall not be in excess of the per capita cost of maintaining inmates or residents in the institution or community correction facility in which he or she is an inmate or resident.

(2) (A) However, before issuing any order under this subchapter providing for payments from the estate of the inmate or resident for his or her cost of care while confined to an institution of the Department of Correction or community correction facility of the Department of Community Correction, the circuit court shall take into consideration and make allowances for the maintenance and support of the spouse, dependent children, or other persons having a moral or legal right to support and maintenance out of the estate of the inmate or resident. (B) The circuit court shall take the factors under subdivision (c)(2)(A) of this section into consideration in determining the amount to be paid, if any, from the estate of the inmate or resident for his or her cost of care at the Department of Correction or the Department of Community Correction.

(A) However, before issuing any order under this subchapter providing for payments from the estate of the inmate or resident for his or her cost of care while confined to an institution of the Department of Correction or community correction facility of the Department of Community Correction, the circuit court shall take into consideration and make allowances for the maintenance and support of the spouse, dependent children, or other persons having a moral or legal right to support and maintenance out of the estate of the inmate or resident.

(B) The circuit court shall take the factors under subdivision (c)(2)(A) of this section into consideration in determining the amount to be paid, if any, from the estate of the inmate or resident for his or her cost of care at the Department of Correction or the Department of Community Correction.

(d) (1) If a guardian, person, or corporation neglects or refuses to comply with the order, the circuit court shall cite the guardian, person, or corporation to appear before the circuit court at a time as it may direct and to show cause why the guardian, person, or corporation should not be sentenced for contempt of court. (2) As an additional remedy, the Attorney General or prosecuting attorney may enforce payment of the sums provided in the original order by a proper action in the name of the state. (3) If in the opinion of the court the estate of the inmate or resident is sufficient to pay the cost of the proceedings under this section, the estate shall be made liable for the cost of the proceedings by order of the circuit court.

(1) If a guardian, person, or corporation neglects or refuses to comply with the order, the circuit court shall cite the guardian, person, or corporation to appear before the circuit court at a time as it may direct and to show cause why the guardian, person, or corporation should not be sentenced for contempt of court.

(2) As an additional remedy, the Attorney General or prosecuting attorney may enforce payment of the sums provided in the original order by a proper action in the name of the state.

(3) If in the opinion of the court the estate of the inmate or resident is sufficient to pay the cost of the proceedings under this section, the estate shall be made liable for the cost of the proceedings by order of the circuit court.

(e) (1) The proceedings provided for by this section may be begun at any time after admittance of the person to a facility of the Department of Correction as an inmate or to a community correction facility of the Department of Community Correction as a resident. (2) Recovery may be had for the expenses incurred on behalf of an inmate or resident during the entire period the person is an inmate at a facility of the Department of Correction or a resident of a community correction facility of the Department of Community Correction.

(1) The proceedings provided for by this section may be begun at any time after admittance of the person to a facility of the Department of Correction as an inmate or to a community correction facility of the Department of Community Correction as a resident.

(2) Recovery may be had for the expenses incurred on behalf of an inmate or resident during the entire period the person is an inmate at a facility of the Department of Correction or a resident of a community correction facility of the Department of Community Correction.

Amended by Act 2015, No. 1161,§ 4, eff. 7/22/2015.

Amended by Act 2013, No. 289,§ 3, eff. 8/16/2013.

Acts 1981, No. 715, § 4; A.S.A. 1947, § 46-1704.
Ark. Code Ann. § 12-62-806 — AR Code / Title 12 / Chapter 62 / Subchapter 8 / Section 12-62-806
Limitation of action
Status: in_force

(a) Except as provided under subsection (b) of this section, an action under this subchapter shall be brought within one (1) year after the alleged violation or discriminatory conduct occurs. (b) However, if a service member is deployed for active duty at any time during the one-year period, then an action under this subchapter shall be brought within one (1) year after the end of his or her mobilization. Acts 2005, No. 920, § 1.

(a) Except as provided under subsection (b) of this section, an action under this subchapter shall be brought within one (1) year after the alleged violation or discriminatory conduct occurs.

(b) However, if a service member is deployed for active duty at any time during the one-year period, then an action under this subchapter shall be brought within one (1) year after the end of his or her mobilization.

Acts 2005, No. 920, § 1.
Ark. Code Ann. § 12-12-1106 — AR Code / Title 12 / Chapter 12 / Subchapter 11 / Section 12-12-1106
State DNA Data Bank
Status: in_force

(a) There is established the State DNA Data Bank. (b) It shall serve as the repository of DNA samples collected under this subchapter. Acts 1997, No. 737, § 6.

(a) There is established the State DNA Data Bank.

(b) It shall serve as the repository of DNA samples collected under this subchapter.

Acts 1997, No. 737, § 6.
Ark. Code Ann. § 12-12-103 — AR Code / Title 12 / Chapter 12 / Subchapter 1 / Section 12-12-103
Pawnshop records - Penalty
Status: in_force

(a) A pawnshop or pawnbroker doing business in the State of Arkansas shall keep a record showing in detail all property pawned or purchased with the pawnshop or pawnbroker. (b) The records required under subsection (a) of this section shall include: (1) A detailed record of each transaction, including the type of identification displayed by the person from whom the property was received; (2) The name, address, race, sex, height, weight, and date of birth of the person from whom the property was received; (3) The driver's license number, personal identification number issued under § 27-16-805 , or the number from another form of photographic identification of the person from whom the property was received; and (4) A description of each item pawned or purchased, including without limitation the identifying numbers or serial numbers. (c) (1) (A) One (1) copy of the records required under subsection (a) of this section shall be maintained on file with the pawnshop or pawnbroker for a period of three (3) years. (B) The Director of the Division of Arkansas State Police, a member of the Division of Arkansas State Police, a county sheriff or deputy of the county, or a police officer of the municipality in which the pawnshop or pawnbroker is located shall have access to the records at any reasonable time. (2) The director, the county sheriff, or the chief of police in the county or municipality in which the pawnshop or pawnbroker is located may require a report of transactions for a period of time that he or she deems necessary for the efficient enforcement of the criminal laws or to aid in criminal investigations. (d) (1) The failure of a pawnbroker or an owner or operator of a pawnshop to comply with a provision of this section is a violation punishable by a fine of not more than one thousand dollars ($1,000). (2) Each day a pawnbroker or owner or operator of a pawnshop fails to comply with this section is a separate offense. (e) (1) Pawnshops and pawnbrokers shall: (A) Keep the records required by this section in a designated electronic format; and (B) Daily upload the records in the designated electronic format to: (i) A centralized secure tracking system and internet website designated by the chief law enforcement officer of a county, city, or local government; or (ii) A different centralized secure tracking system and internet website other than the centralized secure tracking system and internet website designated under subdivision (e)(1)(B)(i) of this section if designated by county or municipal ordinance. (2) The electronic records submitted under this subsection shall be used for the sole purpose of investigating crimes. Pawnshops, pawnbrokers, and pawn customers shall not be required to incur any costs or increased fees as a result of the city, county, or state collecting and processing records required by this section electronically. Amended by Act 2019, No. 910,§ 5838, eff. 7/1/2019. Amended by Act 2013, No. 1293,§ 1, eff. 8/16/2013. Amended by Act 2013, No. 404,§ 1, eff. 8/16/2013. Acts 1945, No. 231, § 18; 1975, No. 880, § 1; 1985, No. 544, § 1; A.S.A. 1947, § 42-418; Acts 1991, No. 471, § 1; 1995, No. 965, § 1; 2005, No. 1994, § 75; 2007, No. 262, § 1.

(a) A pawnshop or pawnbroker doing business in the State of Arkansas shall keep a record showing in detail all property pawned or purchased with the pawnshop or pawnbroker.

(b) The records required under subsection (a) of this section shall include: (1) A detailed record of each transaction, including the type of identification displayed by the person from whom the property was received; (2) The name, address, race, sex, height, weight, and date of birth of the person from whom the property was received; (3) The driver's license number, personal identification number issued under § 27-16-805 , or the number from another form of photographic identification of the person from whom the property was received; and (4) A description of each item pawned or purchased, including without limitation the identifying numbers or serial numbers.

(1) A detailed record of each transaction, including the type of identification displayed by the person from whom the property was received;

(2) The name, address, race, sex, height, weight, and date of birth of the person from whom the property was received;

(3) The driver's license number, personal identification number issued under § 27-16-805 , or the number from another form of photographic identification of the person from whom the property was received; and

(4) A description of each item pawned or purchased, including without limitation the identifying numbers or serial numbers.

(c) (1) (A) One (1) copy of the records required under subsection (a) of this section shall be maintained on file with the pawnshop or pawnbroker for a period of three (3) years. (B) The Director of the Division of Arkansas State Police, a member of the Division of Arkansas State Police, a county sheriff or deputy of the county, or a police officer of the municipality in which the pawnshop or pawnbroker is located shall have access to the records at any reasonable time. (2) The director, the county sheriff, or the chief of police in the county or municipality in which the pawnshop or pawnbroker is located may require a report of transactions for a period of time that he or she deems necessary for the efficient enforcement of the criminal laws or to aid in criminal investigations.

(1) (A) One (1) copy of the records required under subsection (a) of this section shall be maintained on file with the pawnshop or pawnbroker for a period of three (3) years. (B) The Director of the Division of Arkansas State Police, a member of the Division of Arkansas State Police, a county sheriff or deputy of the county, or a police officer of the municipality in which the pawnshop or pawnbroker is located shall have access to the records at any reasonable time.

(A) One (1) copy of the records required under subsection (a) of this section shall be maintained on file with the pawnshop or pawnbroker for a period of three (3) years.

(B) The Director of the Division of Arkansas State Police, a member of the Division of Arkansas State Police, a county sheriff or deputy of the county, or a police officer of the municipality in which the pawnshop or pawnbroker is located shall have access to the records at any reasonable time.

(2) The director, the county sheriff, or the chief of police in the county or municipality in which the pawnshop or pawnbroker is located may require a report of transactions for a period of time that he or she deems necessary for the efficient enforcement of the criminal laws or to aid in criminal investigations.

(d) (1) The failure of a pawnbroker or an owner or operator of a pawnshop to comply with a provision of this section is a violation punishable by a fine of not more than one thousand dollars ($1,000). (2) Each day a pawnbroker or owner or operator of a pawnshop fails to comply with this section is a separate offense.

(1) The failure of a pawnbroker or an owner or operator of a pawnshop to comply with a provision of this section is a violation punishable by a fine of not more than one thousand dollars ($1,000).

(2) Each day a pawnbroker or owner or operator of a pawnshop fails to comply with this section is a separate offense.

(e) (1) Pawnshops and pawnbrokers shall: (A) Keep the records required by this section in a designated electronic format; and (B) Daily upload the records in the designated electronic format to: (i) A centralized secure tracking system and internet website designated by the chief law enforcement officer of a county, city, or local government; or (ii) A different centralized secure tracking system and internet website other than the centralized secure tracking system and internet website designated under subdivision (e)(1)(B)(i) of this section if designated by county or municipal ordinance. (2) The electronic records submitted under this subsection shall be used for the sole purpose of investigating crimes. Pawnshops, pawnbrokers, and pawn customers shall not be required to incur any costs or increased fees as a result of the city, county, or state collecting and processing records required by this section electronically.

(1) Pawnshops and pawnbrokers shall: (A) Keep the records required by this section in a designated electronic format; and (B) Daily upload the records in the designated electronic format to: (i) A centralized secure tracking system and internet website designated by the chief law enforcement officer of a county, city, or local government; or (ii) A different centralized secure tracking system and internet website other than the centralized secure tracking system and internet website designated under subdivision (e)(1)(B)(i) of this section if designated by county or municipal ordinance.

(A) Keep the records required by this section in a designated electronic format; and

(B) Daily upload the records in the designated electronic format to: (i) A centralized secure tracking system and internet website designated by the chief law enforcement officer of a county, city, or local government; or (ii) A different centralized secure tracking system and internet website other than the centralized secure tracking system and internet website designated under subdivision (e)(1)(B)(i) of this section if designated by county or municipal ordinance.

(i) A centralized secure tracking system and internet website designated by the chief law enforcement officer of a county, city, or local government; or

(ii) A different centralized secure tracking system and internet website other than the centralized secure tracking system and internet website designated under subdivision (e)(1)(B)(i) of this section if designated by county or municipal ordinance.

(2) The electronic records submitted under this subsection shall be used for the sole purpose of investigating crimes. Pawnshops, pawnbrokers, and pawn customers shall not be required to incur any costs or increased fees as a result of the city, county, or state collecting and processing records required by this section electronically.

Amended by Act 2019, No. 910,§ 5838, eff. 7/1/2019.

Amended by Act 2013, No. 1293,§ 1, eff. 8/16/2013.

Amended by Act 2013, No. 404,§ 1, eff. 8/16/2013.

Acts 1945, No. 231, § 18; 1975, No. 880, § 1; 1985, No. 544, § 1; A.S.A. 1947, § 42-418; Acts 1991, No. 471, § 1; 1995, No. 965, § 1; 2005, No. 1994, § 75; 2007, No. 262, § 1.
Ark. Code Ann. § 12-63-208 — AR Code / Title 12 / Chapter 63 / Subchapter 2 / Section 12-63-208
Violations of motor vehicle rules
Status: in_force

(a) (1) Persons violating rules promulgated under § 12-63-207 shall, at the option of the police officer, be charged under the military reservation's system of charges or summoned to appear before any court of competent jurisdiction to be dealt with according to law. (2) A person adversely affected by any administrative determination shall have a right to appeal to the appropriate district court where the matter shall be heard de novo. (b) Notice placed on the motor vehicle shall be sufficient as a summons for the purpose of this subchapter. Amended by Act 2019, No. 315,§ 941, eff. 7/24/2019. Amended by Act 2015, No. 682,§ 2, eff. 3/24/2015. Acts 1979, No. 895, § 4; 1983, No. 852, § 4; A.S.A. 1947, § 11-1815.

(a) (1) Persons violating rules promulgated under § 12-63-207 shall, at the option of the police officer, be charged under the military reservation's system of charges or summoned to appear before any court of competent jurisdiction to be dealt with according to law. (2) A person adversely affected by any administrative determination shall have a right to appeal to the appropriate district court where the matter shall be heard de novo.

(1) Persons violating rules promulgated under § 12-63-207 shall, at the option of the police officer, be charged under the military reservation's system of charges or summoned to appear before any court of competent jurisdiction to be dealt with according to law.

(2) A person adversely affected by any administrative determination shall have a right to appeal to the appropriate district court where the matter shall be heard de novo.

(b) Notice placed on the motor vehicle shall be sufficient as a summons for the purpose of this subchapter.

Amended by Act 2019, No. 315,§ 941, eff. 7/24/2019.

Amended by Act 2015, No. 682,§ 2, eff. 3/24/2015.

Acts 1979, No. 895, § 4; 1983, No. 852, § 4; A.S.A. 1947, § 11-1815.
Ark. Code Ann. § 12-20-203 — AR Code / Title 12 / Chapter 20 / Subchapter 2 / Section 12-20-203
Records kept by a private school or private college or university law enforcement agency
Status: in_force

Records generated or kept by a private school or private college or university law enforcement agency under this chapter are subject to the same record keeping and disclosure requirements of a state or local law enforcement agency. Amended by Act 2021, No. 535,§ 4, eff. 7/28/2021. Added by Act 2013, No. 227,§ 3, eff. 8/16/2013.

Records generated or kept by a private school or private college or university law enforcement agency under this chapter are subject to the same record keeping and disclosure requirements of a state or local law enforcement agency.

Amended by Act 2021, No. 535,§ 4, eff. 7/28/2021.

Added by Act 2013, No. 227,§ 3, eff. 8/16/2013.
Ark. Code Ann. § 12-64-708 — AR Code / Title 12 / Chapter 64 / Subchapter 7 / Section 12-64-708
Change in sentence
Status: in_force

(a) A convening authority may remit or suspend any part or amount of the unexecuted part of any sentence, including all uncollected forfeitures. (b) The Governor may, for good cause, substitute an administrative form of discharge for a discharge or dismissal executed in accordance with the sentence of a court-martial. Acts 1969, No. 50, § 116; A.S.A. 1947, § 11-671.

(a) A convening authority may remit or suspend any part or amount of the unexecuted part of any sentence, including all uncollected forfeitures.

(b) The Governor may, for good cause, substitute an administrative form of discharge for a discharge or dismissal executed in accordance with the sentence of a court-martial.

Acts 1969, No. 50, § 116; A.S.A. 1947, § 11-671.
Ark. Code Ann. § 12-30-303 — AR Code / Title 12 / Chapter 30 / Subchapter 3 / Section 12-30-303
Cooperation of Cooperative Extension Service
Status: in_force

It shall be the duty of the University of Arkansas Cooperative Extension Service to cooperate with the Director of the Division of Correction to the end that proper crops may be planted to the best advantage and proper methods of soil treatment may be utilized and proper methods of canning and preserving may be used to the best advantage. Amended by Act 2019, No. 910,§ 824, eff. 7/1/2019. Acts 1933, No. 30, § 23; Pope's Dig., § 12690; A.S.A. 1947, § 46-216.

It shall be the duty of the University of Arkansas Cooperative Extension Service to cooperate with the Director of the Division of Correction to the end that proper crops may be planted to the best advantage and proper methods of soil treatment may be utilized and proper methods of canning and preserving may be used to the best advantage.

Amended by Act 2019, No. 910,§ 824, eff. 7/1/2019.

Acts 1933, No. 30, § 23; Pope's Dig., § 12690; A.S.A. 1947, § 46-216.
Ark. Code Ann. § 12-86-204 — AR Code / Title 12 / Chapter 86 / Subchapter 2 / Section 12-86-204
Division of Emergency Management policies
Status: in_force

The Director of the Division of Emergency Management shall coordinate efforts with other state agencies and appropriate organizations to: (1) Disseminate county-level lists of all licensed childcare facilities and all known license-exempt childcare facilities, including without limitation physical address, maximum capacity, hours of operation, and emergency contact information, to county governments for use in search and rescue during emergencies and disasters; (2) Share a periodically updated statewide list of designated emergency shelters, both local shelters and mass evacuation shelters, with the Division of Child Care and Early Childhood Education, state child care subsidy program, and state child and adult nutrition program when the list is available; and (3) Include all licensed childcare facilities and all known license-exempt childcare facilities where critical facilities such as schools, hospitals, and nursing homes are mentioned in the state response plan, emergency preparedness exercises, or other guiding documents and activities. Amended by Act 2019, No. 910,§ 5918, eff. 7/1/2019. Acts 2007, No. 816, § 4; 2009, No. 165, § 61.

The Director of the Division of Emergency Management shall coordinate efforts with other state agencies and appropriate organizations to:

(1) Disseminate county-level lists of all licensed childcare facilities and all known license-exempt childcare facilities, including without limitation physical address, maximum capacity, hours of operation, and emergency contact information, to county governments for use in search and rescue during emergencies and disasters;

(2) Share a periodically updated statewide list of designated emergency shelters, both local shelters and mass evacuation shelters, with the Division of Child Care and Early Childhood Education, state child care subsidy program, and state child and adult nutrition program when the list is available; and

(3) Include all licensed childcare facilities and all known license-exempt childcare facilities where critical facilities such as schools, hospitals, and nursing homes are mentioned in the state response plan, emergency preparedness exercises, or other guiding documents and activities.

Amended by Act 2019, No. 910,§ 5918, eff. 7/1/2019.

Acts 2007, No. 816, § 4; 2009, No. 165, § 61.
Ark. Code Ann. § 12-64-110 — AR Code / Title 12 / Chapter 64 / Subchapter 1 / Section 12-64-110
Appropriations - Department of the Military Fund Account-Military Justice Fund
Status: in_force

(a) There shall be appropriated annually, for the Department of the Military, the sum of twenty thousand dollars ($20,000) for the State Judge Advocate to pay for the administration of military justice. (b) For the foregoing purposes, there is created in the State Treasury a fund to be designated the "Department of the Military Fund Account-Military Justice Fund", from which expenses of military justice shall be paid in the amounts and manner prescribed by law. Amended by Act 2019, No. 910,§ 5539, eff. 7/1/2019. Amended by Act 2015, No. 1003,§ 9, eff. 7/22/2015. Acts 1969, No. 50, § 170; A.S.A. 1947, § 11-681.

(a) There shall be appropriated annually, for the Department of the Military, the sum of twenty thousand dollars ($20,000) for the State Judge Advocate to pay for the administration of military justice.

(b) For the foregoing purposes, there is created in the State Treasury a fund to be designated the "Department of the Military Fund Account-Military Justice Fund", from which expenses of military justice shall be paid in the amounts and manner prescribed by law.

Amended by Act 2019, No. 910,§ 5539, eff. 7/1/2019.

Amended by Act 2015, No. 1003,§ 9, eff. 7/22/2015.

Acts 1969, No. 50, § 170; A.S.A. 1947, § 11-681.
Ark. Code Ann. § 12-12-1717 — AR Code / Title 12 / Chapter 12 / Subchapter 17 / Section 12-12-1717
Availability of founded reports of adult or long-term care facility resident maltreatment
Status: in_force

(a) A report made under this subchapter that is determined to be founded, as well as any other information obtained, including protected health information, and a report written or photograph taken concerning a founded report in the possession of the Department of Human Services shall be confidential and shall be made available only to: (1) A physician who has before him or her an endangered person or an impaired person the physician reasonably believes may have been maltreated; (2) A person authorized to place the adult in protective custody if the person: (A) Has before him or her an adult the person reasonably believes may have been maltreated; and (B) Requires the information to determine whether to place the adult in protective custody; (3) An authorized agency having responsibility for the care or supervision of an endangered person or an impaired person; (4) Any person who is the subject of a report or that person's legal guardian; (5) A grand jury or court, if the grand jury or court determines that the information is necessary for the determination of an issue before the grand jury or court; (6) A prosecuting attorney, law enforcement official, coroner, or the Attorney General or his or her designated investigator; (7) (A) An employer or volunteer agency for the purpose of screening an employee, applicant, or volunteer 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 only information released to the employer or volunteer agency shall be whether or not the Adult and Long-term Care Facility Resident Maltreatment Central Registry contains any founded reports naming the employee, applicant, or volunteer as an offender; (8) The department, including the Death Review Committee of the Department of Human Services; (9) The current administrator of the long-term care facility, if the incident occurred in a long-term care facility; (10) The administrator of the long-term care facility that currently employs the offender, if different from the long-term care facility in which the incident occurred; (11) A person or provider identified by the department as having services needed by the maltreated person; (12) Any applicable licensing or registering authority; (13) Any employer, legal entity, or board responsible for the person named as the offender; (14) Any legal entity or board responsible for the maltreated person; (15) A state or federal agency pursuing an official criminal records check; and (16) The Office of Medicaid Inspector General. (b) (1) Under no circumstances may the information contained in the registry be released to a person unless the person's capacity is confirmed by the department. (2) Except for the subject of the report, no person or agency to whom disclosure is made may disclose to any other person or agency a report or other information obtained under this section. (c) (1) The department may not release data that would identify the person who made a report except to law enforcement, a prosecuting attorney, or the office of the Attorney General. (2) A court of competent jurisdiction may order release of data that would identify the person who made a report after the court has reviewed in camera the record related to the report and has found that disclosure is needed: (A) To prevent execution of a crime; or (B) For prosecution of a crime. (d) However, information contained in the registry may be made available to bona fide and approved research groups solely for the purpose of scientific research, but in no event shall the name of a person be released, nor shall specific circumstances or facts related to a specific person be used in any research report that might be identifiable with the person. (e) A person who knowingly permits or encourages the release of data or information contained in the registry to a person not permitted by this subchapter to receive the data or information upon conviction is guilty of a Class A misdemeanor. (f) (1) Data, records, reports, or documents released under this section to a law enforcement agency, the prosecuting attorney, or a court by the department: (A) Are confidential; (B) Shall be sealed; and (C) Shall not be redisclosed without a protective order. (2) Data, records, reports, or documents released under this section are confidential and are items of evidence for which there is a reasonable expectation of privacy that the items will not be distributed to persons or institutions without a legitimate interest in the evidence. (3) This subchapter does not abrogate the right of discovery in a criminal case under the Arkansas Rules of Criminal Procedure or other applicable law. Amended by Act 2023, No. 710,§ 1, eff. 4/11/2023. Amended by Act 2015, No. 1214,§ 6, eff. 7/22/2015. Amended by Act 2015, No. 1214,§ 5, eff. 7/22/2015. Amended by Act 2013, No. 584,§ 9, eff. 8/16/2013. Amended by Act 2013, No. 584,§ 8, eff. 8/16/2013. Amended by Act 2013, No. 584,§ 7, eff. 8/16/2013. Amended by Act 2013, No. 584,§ 6, eff. 8/16/2013. Acts 2005, No. 1812, § 1; 2007, No. 283, § 9; 2009, No. 165, § 11; 2011, No. 206, § 8.

(a) A report made under this subchapter that is determined to be founded, as well as any other information obtained, including protected health information, and a report written or photograph taken concerning a founded report in the possession of the Department of Human Services shall be confidential and shall be made available only to: (1) A physician who has before him or her an endangered person or an impaired person the physician reasonably believes may have been maltreated; (2) A person authorized to place the adult in protective custody if the person: (A) Has before him or her an adult the person reasonably believes may have been maltreated; and (B) Requires the information to determine whether to place the adult in protective custody; (3) An authorized agency having responsibility for the care or supervision of an endangered person or an impaired person; (4) Any person who is the subject of a report or that person's legal guardian; (5) A grand jury or court, if the grand jury or court determines that the information is necessary for the determination of an issue before the grand jury or court; (6) A prosecuting attorney, law enforcement official, coroner, or the Attorney General or his or her designated investigator; (7) (A) An employer or volunteer agency for the purpose of screening an employee, applicant, or volunteer 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 only information released to the employer or volunteer agency shall be whether or not the Adult and Long-term Care Facility Resident Maltreatment Central Registry contains any founded reports naming the employee, applicant, or volunteer as an offender; (8) The department, including the Death Review Committee of the Department of Human Services; (9) The current administrator of the long-term care facility, if the incident occurred in a long-term care facility; (10) The administrator of the long-term care facility that currently employs the offender, if different from the long-term care facility in which the incident occurred; (11) A person or provider identified by the department as having services needed by the maltreated person; (12) Any applicable licensing or registering authority; (13) Any employer, legal entity, or board responsible for the person named as the offender; (14) Any legal entity or board responsible for the maltreated person; (15) A state or federal agency pursuing an official criminal records check; and (16) The Office of Medicaid Inspector General.

(1) A physician who has before him or her an endangered person or an impaired person the physician reasonably believes may have been maltreated;

(2) A person authorized to place the adult in protective custody if the person: (A) Has before him or her an adult the person reasonably believes may have been maltreated; and (B) Requires the information to determine whether to place the adult in protective custody;

(A) Has before him or her an adult the person reasonably believes may have been maltreated; and

(B) Requires the information to determine whether to place the adult in protective custody;

(3) An authorized agency having responsibility for the care or supervision of an endangered person or an impaired person;

(4) Any person who is the subject of a report or that person's legal guardian;

(5) A grand jury or court, if the grand jury or court determines that the information is necessary for the determination of an issue before the grand jury or court;

(6) A prosecuting attorney, law enforcement official, coroner, or the Attorney General or his or her designated investigator;

(7) (A) An employer or volunteer agency for the purpose of screening an employee, applicant, or volunteer 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 only information released to the employer or volunteer agency shall be whether or not the Adult and Long-term Care Facility Resident Maltreatment Central Registry contains any founded reports naming the employee, applicant, or volunteer as an offender;

(A) An employer or volunteer agency for the purpose of screening an employee, applicant, or volunteer 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 only information released to the employer or volunteer agency shall be whether or not the Adult and Long-term Care Facility Resident Maltreatment Central Registry contains any founded reports naming the employee, applicant, or volunteer as an offender;

(8) The department, including the Death Review Committee of the Department of Human Services;

(9) The current administrator of the long-term care facility, if the incident occurred in a long-term care facility;

(10) The administrator of the long-term care facility that currently employs the offender, if different from the long-term care facility in which the incident occurred;

(11) A person or provider identified by the department as having services needed by the maltreated person;

(12) Any applicable licensing or registering authority;

(13) Any employer, legal entity, or board responsible for the person named as the offender;

(14) Any legal entity or board responsible for the maltreated person;

(15) A state or federal agency pursuing an official criminal records check; and

(16) The Office of Medicaid Inspector General.

(b) (1) Under no circumstances may the information contained in the registry be released to a person unless the person's capacity is confirmed by the department. (2) Except for the subject of the report, no person or agency to whom disclosure is made may disclose to any other person or agency a report or other information obtained under this section.

(1) Under no circumstances may the information contained in the registry be released to a person unless the person's capacity is confirmed by the department.

(2) Except for the subject of the report, no person or agency to whom disclosure is made may disclose to any other person or agency a report or other information obtained under this section.

(c) (1) The department may not release data that would identify the person who made a report except to law enforcement, a prosecuting attorney, or the office of the Attorney General. (2) A court of competent jurisdiction may order release of data that would identify the person who made a report after the court has reviewed in camera the record related to the report and has found that disclosure is needed: (A) To prevent execution of a crime; or (B) For prosecution of a crime.

(1) The department may not release data that would identify the person who made a report except to law enforcement, a prosecuting attorney, or the office of the Attorney General.

(2) A court of competent jurisdiction may order release of data that would identify the person who made a report after the court has reviewed in camera the record related to the report and has found that disclosure is needed: (A) To prevent execution of a crime; or (B) For prosecution of a crime.

(A) To prevent execution of a crime; or

(B) For prosecution of a crime.

(d) However, information contained in the registry may be made available to bona fide and approved research groups solely for the purpose of scientific research, but in no event shall the name of a person be released, nor shall specific circumstances or facts related to a specific person be used in any research report that might be identifiable with the person.

(e) A person who knowingly permits or encourages the release of data or information contained in the registry to a person not permitted by this subchapter to receive the data or information upon conviction is guilty of a Class A misdemeanor.

(f) (1) Data, records, reports, or documents released under this section to a law enforcement agency, the prosecuting attorney, or a court by the department: (A) Are confidential; (B) Shall be sealed; and (C) Shall not be redisclosed without a protective order. (2) Data, records, reports, or documents released under this section are confidential and are items of evidence for which there is a reasonable expectation of privacy that the items will not be distributed to persons or institutions without a legitimate interest in the evidence. (3) This subchapter does not abrogate the right of discovery in a criminal case under the Arkansas Rules of Criminal Procedure or other applicable law.

(1) Data, records, reports, or documents released under this section to a law enforcement agency, the prosecuting attorney, or a court by the department: (A) Are confidential; (B) Shall be sealed; and (C) Shall not be redisclosed without a protective order.

(A) Are confidential;

(B) Shall be sealed; and

(C) Shall not be redisclosed without a protective order.

(2) Data, records, reports, or documents released under this section are confidential and are items of evidence for which there is a reasonable expectation of privacy that the items will not be distributed to persons or institutions without a legitimate interest in the evidence.

(3) This subchapter does not abrogate the right of discovery in a criminal case under the Arkansas Rules of Criminal Procedure or other applicable law.

Amended by Act 2023, No. 710,§ 1, eff. 4/11/2023.

Amended by Act 2015, No. 1214,§ 6, eff. 7/22/2015.

Amended by Act 2015, No. 1214,§ 5, eff. 7/22/2015.

Amended by Act 2013, No. 584,§ 9, eff. 8/16/2013.

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

Amended by Act 2013, No. 584,§ 7, eff. 8/16/2013.

Amended by Act 2013, No. 584,§ 6, eff. 8/16/2013.

Acts 2005, No. 1812, § 1; 2007, No. 283, § 9; 2009, No. 165, § 11; 2011, No. 206, § 8.
Ark. Code Ann. § 12-27-143 — AR Code / Title 12 / Chapter 27 / Subchapter 1 / Section 12-27-143
Award of service weapon upon retirement or death of department employee
Status: in_force

When a Department of Corrections employee dies while still employed with the department, retires from service with at least twenty (20) years of service, or retires due to an injury obtained in the line of duty, in recognition of and appreciation for the service of the retiring or deceased employee, the Director of the Division of Correction, the Director of the Division of Community Correction, the Board of Corrections, or the Secretary of the Department of Corrections may award the service weapon carried by the employee at the time of his or her retirement from service or death to: (1) The employee; (2) The employee's spouse if the spouse is eligible under applicable state and federal laws to possess a firearm; or (3) (A) The surviving child of the employee if there is no surviving spouse and the surviving child is eligible under applicable state and federal laws to possess a firearm. (B) (i) If there is more than one (1) surviving child of the employee, the service weapon may be awarded to the oldest surviving child if he or she is eligible under applicable state and federal laws to possess a firearm. (ii) If the oldest of the surviving children is not eligible to possess a firearm under applicable state and federal laws, then the service weapon may be awarded to the next-oldest surviving child if he or she is eligible to possess a firearm under applicable state and federal laws. Amended by Act 2021, No. 329,§ 2, eff. 7/28/2021. Amended by Act 2019, No. 106,§ 1, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 764, eff. 7/1/2019. Acts 2011, No. 181, § 1.

When a Department of Corrections employee dies while still employed with the department, retires from service with at least twenty (20) years of service, or retires due to an injury obtained in the line of duty, in recognition of and appreciation for the service of the retiring or deceased employee, the Director of the Division of Correction, the Director of the Division of Community Correction, the Board of Corrections, or the Secretary of the Department of Corrections may award the service weapon carried by the employee at the time of his or her retirement from service or death to:

(1) The employee;

(2) The employee's spouse if the spouse is eligible under applicable state and federal laws to possess a firearm; or

(3) (A) The surviving child of the employee if there is no surviving spouse and the surviving child is eligible under applicable state and federal laws to possess a firearm. (B) (i) If there is more than one (1) surviving child of the employee, the service weapon may be awarded to the oldest surviving child if he or she is eligible under applicable state and federal laws to possess a firearm. (ii) If the oldest of the surviving children is not eligible to possess a firearm under applicable state and federal laws, then the service weapon may be awarded to the next-oldest surviving child if he or she is eligible to possess a firearm under applicable state and federal laws.

(A) The surviving child of the employee if there is no surviving spouse and the surviving child is eligible under applicable state and federal laws to possess a firearm.

(B) (i) If there is more than one (1) surviving child of the employee, the service weapon may be awarded to the oldest surviving child if he or she is eligible under applicable state and federal laws to possess a firearm. (ii) If the oldest of the surviving children is not eligible to possess a firearm under applicable state and federal laws, then the service weapon may be awarded to the next-oldest surviving child if he or she is eligible to possess a firearm under applicable state and federal laws.

(i) If there is more than one (1) surviving child of the employee, the service weapon may be awarded to the oldest surviving child if he or she is eligible under applicable state and federal laws to possess a firearm.

(ii) If the oldest of the surviving children is not eligible to possess a firearm under applicable state and federal laws, then the service weapon may be awarded to the next-oldest surviving child if he or she is eligible to possess a firearm under applicable state and federal laws.

Amended by Act 2021, No. 329,§ 2, eff. 7/28/2021.

Amended by Act 2019, No. 106,§ 1, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 764, eff. 7/1/2019.

Acts 2011, No. 181, § 1.
Ark. Code Ann. § 12-9-126 — AR Code / Title 12 / Chapter 9 / Subchapter 1 / Section 12-9-126
Alzheimer's disease and other dementias training
Status: in_force

(a) (1) In accordance with the certification requirements of the Arkansas Commission on Law Enforcement Standards and Training for law enforcement officers, a law enforcement officer enrolled in a commission-certified basic police training academy shall complete at least two (2) hours of training relating to interacting with a person with Alzheimer's disease or other dementias. (2) Practicum training is sufficient for the requirement under subdivision (a)(1) of this section. (b) Training under subsection (a) of this section shall include without limitation: (1) Instruction on the identification of a person with Alzheimer's disease or other dementias; (2) Risks associated with Alzheimer's disease and other dementias, such as wandering, communication impairments, and adult maltreatment; (3) Best practices for interacting with a person with Alzheimer's disease or other dementias; (4) Psychiatric and behavioral symptoms of Alzheimer's disease and other dementias; (5) Communication issues related to Alzheimer's disease and other dementias, including how to better question and interview affected persons to determine the most effective response; (6) Information on how to address specific aspects of safety associated with Alzheimer's disease and other dementias; (7) Practices related to Alzheimer's disease and other dementias to promote the safety of law enforcement officers and the public; (8) Protocols for search and rescue specific to individuals with Alzheimer's disease or other dementias; and (9) Connecting a person with Alzheimer's disease or other dementias to local care resources and professionals who are skilled in Alzheimer's disease care and care related to other dementias and to encourage cross-referral and reporting of incidents of adult maltreatment. (c) (1) Training required under this section shall be provided by a qualified medical or mental health provider with experience working with persons with Alzheimer's disease and other dementias. (2) The curriculum for the training required under this section shall be approved by the Division of Law Enforcement Standards and Training in collaboration with the Criminal Justice Institute. Added by Act 2023, No. 202,§ 1, eff. 8/1/2023.

(a) (1) In accordance with the certification requirements of the Arkansas Commission on Law Enforcement Standards and Training for law enforcement officers, a law enforcement officer enrolled in a commission-certified basic police training academy shall complete at least two (2) hours of training relating to interacting with a person with Alzheimer's disease or other dementias. (2) Practicum training is sufficient for the requirement under subdivision (a)(1) of this section.

(1) In accordance with the certification requirements of the Arkansas Commission on Law Enforcement Standards and Training for law enforcement officers, a law enforcement officer enrolled in a commission-certified basic police training academy shall complete at least two (2) hours of training relating to interacting with a person with Alzheimer's disease or other dementias.

(2) Practicum training is sufficient for the requirement under subdivision (a)(1) of this section.

(b) Training under subsection (a) of this section shall include without limitation: (1) Instruction on the identification of a person with Alzheimer's disease or other dementias; (2) Risks associated with Alzheimer's disease and other dementias, such as wandering, communication impairments, and adult maltreatment; (3) Best practices for interacting with a person with Alzheimer's disease or other dementias; (4) Psychiatric and behavioral symptoms of Alzheimer's disease and other dementias; (5) Communication issues related to Alzheimer's disease and other dementias, including how to better question and interview affected persons to determine the most effective response; (6) Information on how to address specific aspects of safety associated with Alzheimer's disease and other dementias; (7) Practices related to Alzheimer's disease and other dementias to promote the safety of law enforcement officers and the public; (8) Protocols for search and rescue specific to individuals with Alzheimer's disease or other dementias; and (9) Connecting a person with Alzheimer's disease or other dementias to local care resources and professionals who are skilled in Alzheimer's disease care and care related to other dementias and to encourage cross-referral and reporting of incidents of adult maltreatment.

(1) Instruction on the identification of a person with Alzheimer's disease or other dementias;

(2) Risks associated with Alzheimer's disease and other dementias, such as wandering, communication impairments, and adult maltreatment;

(3) Best practices for interacting with a person with Alzheimer's disease or other dementias;

(4) Psychiatric and behavioral symptoms of Alzheimer's disease and other dementias;

(5) Communication issues related to Alzheimer's disease and other dementias, including how to better question and interview affected persons to determine the most effective response;

(6) Information on how to address specific aspects of safety associated with Alzheimer's disease and other dementias;

(7) Practices related to Alzheimer's disease and other dementias to promote the safety of law enforcement officers and the public;

(8) Protocols for search and rescue specific to individuals with Alzheimer's disease or other dementias; and

(9) Connecting a person with Alzheimer's disease or other dementias to local care resources and professionals who are skilled in Alzheimer's disease care and care related to other dementias and to encourage cross-referral and reporting of incidents of adult maltreatment.

(c) (1) Training required under this section shall be provided by a qualified medical or mental health provider with experience working with persons with Alzheimer's disease and other dementias. (2) The curriculum for the training required under this section shall be approved by the Division of Law Enforcement Standards and Training in collaboration with the Criminal Justice Institute.

(1) Training required under this section shall be provided by a qualified medical or mental health provider with experience working with persons with Alzheimer's disease and other dementias.

(2) The curriculum for the training required under this section shall be approved by the Division of Law Enforcement Standards and Training in collaboration with the Criminal Justice Institute.

Added by Act 2023, No. 202,§ 1, eff. 8/1/2023.
Ark. Code Ann. § 12-13-114 — AR Code / Title 12 / Chapter 13 / Subchapter 1 / Section 12-13-114
Civil actions
Status: in_force

(a) (1) No act taken by the Director of the Division of Arkansas State Police shall affect the rights of any policy holder or of any insurance company with regard to a loss by reason of any fire which the director has investigated. (2) The result of any investigation shall not be given in evidence upon the trial of any civil action upon any policy. (b) No statement made by any insurance company, its officers or agents, or by anyone representing the insurance company or its officers or agents, made with reference to the origin, cause, or supposed origin or cause of the fire to the director or his or her officers or deputies shall be admitted in evidence or made the basis for any civil action for damages. Amended by Act 2019, No. 910,§ 5869, eff. 7/1/2019. Acts 1955, No. 254, § 16; A.S.A. 1947, § 82-821.

(a) (1) No act taken by the Director of the Division of Arkansas State Police shall affect the rights of any policy holder or of any insurance company with regard to a loss by reason of any fire which the director has investigated. (2) The result of any investigation shall not be given in evidence upon the trial of any civil action upon any policy.

(1) No act taken by the Director of the Division of Arkansas State Police shall affect the rights of any policy holder or of any insurance company with regard to a loss by reason of any fire which the director has investigated.

(2) The result of any investigation shall not be given in evidence upon the trial of any civil action upon any policy.

(b) No statement made by any insurance company, its officers or agents, or by anyone representing the insurance company or its officers or agents, made with reference to the origin, cause, or supposed origin or cause of the fire to the director or his or her officers or deputies shall be admitted in evidence or made the basis for any civil action for damages.

Amended by Act 2019, No. 910,§ 5869, eff. 7/1/2019.

Acts 1955, No. 254, § 16; A.S.A. 1947, § 82-821.
Ark. Code Ann. § 12-18-619 — AR Code / Title 12 / Chapter 18 / Subchapter 6 / Section 12-18-619
Closing investigations
Status: in_force

(a) If at any time before or during an investigation under this chapter it is determined that the alleged offender is not a caretaker of any child and the alleged victim has reached eighteen (18) years of age prior to notification, the child maltreatment investigation shall be closed notwithstanding any criminal investigation. (b) (1) If at any time before or during the investigation it appears that the alleged offender is identified and is not a caretaker of the victim child, excluding investigations of sexual abuse, the Department of Human Services and the Division of Arkansas State Police shall: (A) Refer the matter to the appropriate law enforcement agency; (B) Close their investigation; and (C) Forward a copy of their findings to the appropriate law enforcement agency for the agency's further use in any criminal investigation. (2) (A) If the appropriate law enforcement agency subsequently determines that the alleged offender is a caretaker, it shall immediately notify the Department of Human Services and the Division of Arkansas State Police of its determination. (B) Thereupon the Department of Human Services and the Division of Arkansas State Police shall reopen and continue their investigation in compliance with all other requirements contained in this chapter. (c) If at any time before or during the investigation the Department of Human Services and the Division of Arkansas State Police are unable to locate or identify the alleged offender or alleged victim, the Department of Human Services and the Division of Arkansas State Police may consider the report unable to be completed and determine the report to be inactive if a true or unsubstantiated determination cannot be established without interviewing the alleged offender or alleged victim. Amended by Act 2021, No. 270,§ 1, eff. 7/28/2021. Amended by Act 2015, No. 1004,§ 18, eff. 7/22/2015. Acts 2009, No. 749, § 1.

(a) If at any time before or during an investigation under this chapter it is determined that the alleged offender is not a caretaker of any child and the alleged victim has reached eighteen (18) years of age prior to notification, the child maltreatment investigation shall be closed notwithstanding any criminal investigation.

(b) (1) If at any time before or during the investigation it appears that the alleged offender is identified and is not a caretaker of the victim child, excluding investigations of sexual abuse, the Department of Human Services and the Division of Arkansas State Police shall: (A) Refer the matter to the appropriate law enforcement agency; (B) Close their investigation; and (C) Forward a copy of their findings to the appropriate law enforcement agency for the agency's further use in any criminal investigation. (2) (A) If the appropriate law enforcement agency subsequently determines that the alleged offender is a caretaker, it shall immediately notify the Department of Human Services and the Division of Arkansas State Police of its determination. (B) Thereupon the Department of Human Services and the Division of Arkansas State Police shall reopen and continue their investigation in compliance with all other requirements contained in this chapter.

(1) If at any time before or during the investigation it appears that the alleged offender is identified and is not a caretaker of the victim child, excluding investigations of sexual abuse, the Department of Human Services and the Division of Arkansas State Police shall: (A) Refer the matter to the appropriate law enforcement agency; (B) Close their investigation; and (C) Forward a copy of their findings to the appropriate law enforcement agency for the agency's further use in any criminal investigation.

(A) Refer the matter to the appropriate law enforcement agency;

(B) Close their investigation; and

(C) Forward a copy of their findings to the appropriate law enforcement agency for the agency's further use in any criminal investigation.

(2) (A) If the appropriate law enforcement agency subsequently determines that the alleged offender is a caretaker, it shall immediately notify the Department of Human Services and the Division of Arkansas State Police of its determination. (B) Thereupon the Department of Human Services and the Division of Arkansas State Police shall reopen and continue their investigation in compliance with all other requirements contained in this chapter.

(A) If the appropriate law enforcement agency subsequently determines that the alleged offender is a caretaker, it shall immediately notify the Department of Human Services and the Division of Arkansas State Police of its determination.

(B) Thereupon the Department of Human Services and the Division of Arkansas State Police shall reopen and continue their investigation in compliance with all other requirements contained in this chapter.

(c) If at any time before or during the investigation the Department of Human Services and the Division of Arkansas State Police are unable to locate or identify the alleged offender or alleged victim, the Department of Human Services and the Division of Arkansas State Police may consider the report unable to be completed and determine the report to be inactive if a true or unsubstantiated determination cannot be established without interviewing the alleged offender or alleged victim.

Amended by Act 2021, No. 270,§ 1, eff. 7/28/2021.

Amended by Act 2015, No. 1004,§ 18, eff. 7/22/2015.

Acts 2009, No. 749, § 1.
Ark. Code Ann. § 12-41-305 — AR Code / Title 12 / Chapter 41 / Subchapter 3 / Section 12-41-305
Superintendent
Status: in_force

(a) The county court of any county in which any house of correction shall be erected shall appoint a discreet person, who shall be a qualified elector of this state and who shall be known as the superintendent of the house of correction. (b) The superintendent shall have charge of the farm or lands attached to the house of correction and shall direct the labor of all persons sentenced to confinement in the house of correction. (c) The superintendent shall be responsible to the county court for the correct treatment of all prisoners confined in the house of correction and for the faithful enforcement of the rules and discipline. (d) For neglect of duty or other improper management of the house of correction, the county court may remove the superintendent. (e) The county court shall determine the compensation of the superintendent. Acts 1868, No. 27, §§ 10, 12, 20, p. 84; C. & M. Dig., §§ 1963-1965, 1967; Pope's Dig., §§ 2492-2494, 2496; A.S.A. 1947, §§ 46-610, 46-612, 46-620.

(a) The county court of any county in which any house of correction shall be erected shall appoint a discreet person, who shall be a qualified elector of this state and who shall be known as the superintendent of the house of correction.

(b) The superintendent shall have charge of the farm or lands attached to the house of correction and shall direct the labor of all persons sentenced to confinement in the house of correction.

(c) The superintendent shall be responsible to the county court for the correct treatment of all prisoners confined in the house of correction and for the faithful enforcement of the rules and discipline.

(d) For neglect of duty or other improper management of the house of correction, the county court may remove the superintendent.

(e) The county court shall determine the compensation of the superintendent.

Acts 1868, No. 27, §§ 10, 12, 20, p. 84; C. & M. Dig., §§ 1963-1965, 1967; Pope's Dig., §§ 2492-2494, 2496; A.S.A. 1947, §§ 46-610, 46-612, 46-620.
Ark. Code Ann. § 12-85-103 — AR Code / Title 12 / Chapter 85 / Section 12-85-103
Limitation on certified volunteers - Lists, reports, guidelines, etc
Status: in_force

(a) (1) Notwithstanding the provisions of § 12-85-102 , the number of state employees and employees of state-supported institutions of higher learning certified as disaster service volunteers shall not exceed one hundred (100) participants at any one (1) time. (2) A list of such employees shall be maintained by the American Red Cross, with pertinent information provided to the state employer or state-supported institution of higher learning of each disaster service volunteer. (b) Within sixty (60) days of any request made by the American Red Cross, a report shall be prepared by the American Red Cross and submitted to the Department of Finance and Administration stating the reasons and needs for any request made. (c) The American Red Cross and the respective agencies with employees participating in the disaster service volunteer program shall promulgate necessary guidelines and directives to implement this chapter. Acts 1997, No. 268, § 3; 1999, No. 383, § 2.

(a) (1) Notwithstanding the provisions of § 12-85-102 , the number of state employees and employees of state-supported institutions of higher learning certified as disaster service volunteers shall not exceed one hundred (100) participants at any one (1) time. (2) A list of such employees shall be maintained by the American Red Cross, with pertinent information provided to the state employer or state-supported institution of higher learning of each disaster service volunteer.

(1) Notwithstanding the provisions of § 12-85-102 , the number of state employees and employees of state-supported institutions of higher learning certified as disaster service volunteers shall not exceed one hundred (100) participants at any one (1) time.

(2) A list of such employees shall be maintained by the American Red Cross, with pertinent information provided to the state employer or state-supported institution of higher learning of each disaster service volunteer.

(b) Within sixty (60) days of any request made by the American Red Cross, a report shall be prepared by the American Red Cross and submitted to the Department of Finance and Administration stating the reasons and needs for any request made.

(c) The American Red Cross and the respective agencies with employees participating in the disaster service volunteer program shall promulgate necessary guidelines and directives to implement this chapter.

Acts 1997, No. 268, § 3; 1999, No. 383, § 2.
Ark. Code Ann. § 12-13-205 — AR Code / Title 12 / Chapter 13 / Subchapter 2 / Section 12-13-205
Reimbursement for training expenses
Status: in_force

(a) (1) If any county, city, or town pays the cost or expenses for training a firefighter at the Arkansas Fire Training Academy or other like program and another county, city, or town or an agency of the State of Arkansas employs that firefighter within eighteen (18) months after completion of the training in a position requiring a certificate of training from the academy, the state agency, county, city, or town so employing the firefighter, at the time of employing the firefighter, shall reimburse the county, city, or town for all or a portion of the expenses incurred by the county, city, or town for the training of the firefighter at the academy, unless the firefighter has been terminated by the county, city, or town which paid the costs or expenses of training, in which case no reimbursement is required from the state agency, county, city, or town hiring the firefighter. (2) Reimbursement may only be sought from the first state agency, county, city, or town which employs the firefighter after another county, city, or town has paid the costs or expenses of training. (3) Reimbursement shall include any salary, travel expenses, food, lodging, or other costs required to be paid by the county, city, or town, as follows: (A) If the person is employed within two (2) months after completion of the training, the employing agency shall reimburse the total cost of the training; (B) If the person is employed more than two (2) months but not more than six (6) months after completion of the training, the employing agency shall reimburse eighty percent (80%) of the cost of the training; (C) If the person is employed more than six (6) months but not more than ten (10) months after completion of the training, the employing agency shall reimburse sixty percent (60%) of the cost of the training; (D) If the person is employed more than ten (10) months but not more than fourteen (14) months after completion of the training, the employing agency shall reimburse forty percent (40%) of the cost of the training; or (E) If the person is employed more than fourteen (14) months but not more than eighteen (18) months after completion of the training, the employing agency shall reimburse twenty percent (20%) of the cost of the training. (4) If the person is employed more than eighteen (18) months after completion of the training, no reimbursement is required. (b) (1) If any county, city, town, or state agency which employs a firefighter whose training expense was paid by another county, city, or town fails to make reimbursement for the expenses as required in subsection (a) of this section, the county, city, or town entitled to reimbursement shall notify the Treasurer of State. (2) The Treasurer of State shall then withhold the amount of the reimbursement due for training the firefighter from the county or municipal aid of the employing county, city, or town or from funds appropriated to the employing state agency and shall remit the amount to the county, city, or town which is entitled to the reimbursement under the provisions of this section. Acts 2001, No. 66, § 1.

(a) (1) If any county, city, or town pays the cost or expenses for training a firefighter at the Arkansas Fire Training Academy or other like program and another county, city, or town or an agency of the State of Arkansas employs that firefighter within eighteen (18) months after completion of the training in a position requiring a certificate of training from the academy, the state agency, county, city, or town so employing the firefighter, at the time of employing the firefighter, shall reimburse the county, city, or town for all or a portion of the expenses incurred by the county, city, or town for the training of the firefighter at the academy, unless the firefighter has been terminated by the county, city, or town which paid the costs or expenses of training, in which case no reimbursement is required from the state agency, county, city, or town hiring the firefighter. (2) Reimbursement may only be sought from the first state agency, county, city, or town which employs the firefighter after another county, city, or town has paid the costs or expenses of training. (3) Reimbursement shall include any salary, travel expenses, food, lodging, or other costs required to be paid by the county, city, or town, as follows: (A) If the person is employed within two (2) months after completion of the training, the employing agency shall reimburse the total cost of the training; (B) If the person is employed more than two (2) months but not more than six (6) months after completion of the training, the employing agency shall reimburse eighty percent (80%) of the cost of the training; (C) If the person is employed more than six (6) months but not more than ten (10) months after completion of the training, the employing agency shall reimburse sixty percent (60%) of the cost of the training; (D) If the person is employed more than ten (10) months but not more than fourteen (14) months after completion of the training, the employing agency shall reimburse forty percent (40%) of the cost of the training; or (E) If the person is employed more than fourteen (14) months but not more than eighteen (18) months after completion of the training, the employing agency shall reimburse twenty percent (20%) of the cost of the training. (4) If the person is employed more than eighteen (18) months after completion of the training, no reimbursement is required.

(1) If any county, city, or town pays the cost or expenses for training a firefighter at the Arkansas Fire Training Academy or other like program and another county, city, or town or an agency of the State of Arkansas employs that firefighter within eighteen (18) months after completion of the training in a position requiring a certificate of training from the academy, the state agency, county, city, or town so employing the firefighter, at the time of employing the firefighter, shall reimburse the county, city, or town for all or a portion of the expenses incurred by the county, city, or town for the training of the firefighter at the academy, unless the firefighter has been terminated by the county, city, or town which paid the costs or expenses of training, in which case no reimbursement is required from the state agency, county, city, or town hiring the firefighter.

(2) Reimbursement may only be sought from the first state agency, county, city, or town which employs the firefighter after another county, city, or town has paid the costs or expenses of training.

(3) Reimbursement shall include any salary, travel expenses, food, lodging, or other costs required to be paid by the county, city, or town, as follows: (A) If the person is employed within two (2) months after completion of the training, the employing agency shall reimburse the total cost of the training; (B) If the person is employed more than two (2) months but not more than six (6) months after completion of the training, the employing agency shall reimburse eighty percent (80%) of the cost of the training; (C) If the person is employed more than six (6) months but not more than ten (10) months after completion of the training, the employing agency shall reimburse sixty percent (60%) of the cost of the training; (D) If the person is employed more than ten (10) months but not more than fourteen (14) months after completion of the training, the employing agency shall reimburse forty percent (40%) of the cost of the training; or (E) If the person is employed more than fourteen (14) months but not more than eighteen (18) months after completion of the training, the employing agency shall reimburse twenty percent (20%) of the cost of the training.

(A) If the person is employed within two (2) months after completion of the training, the employing agency shall reimburse the total cost of the training;

(B) If the person is employed more than two (2) months but not more than six (6) months after completion of the training, the employing agency shall reimburse eighty percent (80%) of the cost of the training;

(C) If the person is employed more than six (6) months but not more than ten (10) months after completion of the training, the employing agency shall reimburse sixty percent (60%) of the cost of the training;

(D) If the person is employed more than ten (10) months but not more than fourteen (14) months after completion of the training, the employing agency shall reimburse forty percent (40%) of the cost of the training; or

(E) If the person is employed more than fourteen (14) months but not more than eighteen (18) months after completion of the training, the employing agency shall reimburse twenty percent (20%) of the cost of the training.

(4) If the person is employed more than eighteen (18) months after completion of the training, no reimbursement is required.

(b) (1) If any county, city, town, or state agency which employs a firefighter whose training expense was paid by another county, city, or town fails to make reimbursement for the expenses as required in subsection (a) of this section, the county, city, or town entitled to reimbursement shall notify the Treasurer of State. (2) The Treasurer of State shall then withhold the amount of the reimbursement due for training the firefighter from the county or municipal aid of the employing county, city, or town or from funds appropriated to the employing state agency and shall remit the amount to the county, city, or town which is entitled to the reimbursement under the provisions of this section.

(1) If any county, city, town, or state agency which employs a firefighter whose training expense was paid by another county, city, or town fails to make reimbursement for the expenses as required in subsection (a) of this section, the county, city, or town entitled to reimbursement shall notify the Treasurer of State.

(2) The Treasurer of State shall then withhold the amount of the reimbursement due for training the firefighter from the county or municipal aid of the employing county, city, or town or from funds appropriated to the employing state agency and shall remit the amount to the county, city, or town which is entitled to the reimbursement under the provisions of this section.

Acts 2001, No. 66, § 1.
Ark. Code Ann. § 12-64-713 — AR Code / Title 12 / Chapter 64 / Subchapter 7 / Section 12-64-713
New trial - Effect on sentence
Status: in_force

(a) Under such rules as the Governor may prescribe, all rights, privileges, and property affected by an executed part of a court-martial sentence which has been set aside or disapproved, except an executed dismissal or discharge, shall be restored unless a new trial or rehearing is ordered and such executed part is included in a sentence imposed upon the new trial or rehearing. (b) If a previously executed sentence of dishonorable or bad-conduct discharge is not imposed on a new trial, the Governor shall substitute therefor a form of discharge authorized for administrative issuance unless the accused is to serve out the remainder of his or her enlistment. (c) (1) If a previously executed sentence of dismissal is not imposed on a new trial, the Governor shall substitute therefor a form of discharge authorized for administrative issue, and the commissioned officer dismissed by that sentence may be reappointed by the Governor alone to such commissioned grade and with such rank as in the opinion of the Governor that former officer would have attained had he or she not been dismissed. (2) The reappointment of such a former officer may be made if a position vacancy is available under applicable tables of organization. (3) All times between the dismissal and the reappointment shall be considered as service for all purposes. Amended by Act 2019, No. 315,§ 960, eff. 7/24/2019. Acts 1969, No. 50, § 117; A.S.A. 1947, § 11-672.

(a) Under such rules as the Governor may prescribe, all rights, privileges, and property affected by an executed part of a court-martial sentence which has been set aside or disapproved, except an executed dismissal or discharge, shall be restored unless a new trial or rehearing is ordered and such executed part is included in a sentence imposed upon the new trial or rehearing.

(b) If a previously executed sentence of dishonorable or bad-conduct discharge is not imposed on a new trial, the Governor shall substitute therefor a form of discharge authorized for administrative issuance unless the accused is to serve out the remainder of his or her enlistment.

(c) (1) If a previously executed sentence of dismissal is not imposed on a new trial, the Governor shall substitute therefor a form of discharge authorized for administrative issue, and the commissioned officer dismissed by that sentence may be reappointed by the Governor alone to such commissioned grade and with such rank as in the opinion of the Governor that former officer would have attained had he or she not been dismissed. (2) The reappointment of such a former officer may be made if a position vacancy is available under applicable tables of organization. (3) All times between the dismissal and the reappointment shall be considered as service for all purposes.

(1) If a previously executed sentence of dismissal is not imposed on a new trial, the Governor shall substitute therefor a form of discharge authorized for administrative issue, and the commissioned officer dismissed by that sentence may be reappointed by the Governor alone to such commissioned grade and with such rank as in the opinion of the Governor that former officer would have attained had he or she not been dismissed.

(2) The reappointment of such a former officer may be made if a position vacancy is available under applicable tables of organization.

(3) All times between the dismissal and the reappointment shall be considered as service for all purposes.

Amended by Act 2019, No. 315,§ 960, eff. 7/24/2019.

Acts 1969, No. 50, § 117; A.S.A. 1947, § 11-672.
Ark. Code Ann. § 12-12-1010 — AR Code / Title 12 / Chapter 12 / Subchapter 10 / Section 12-12-1010
Dissemination of criminal history information for other purposes
Status: in_force

(a) (1) Criminal history information shall be made available to the Governor for purposes of carrying out the Governor's constitutional authority involving pardons, executive clemencies, extraditions, or other duties specifically authorized by law. (2) Criminal history information may be made available to: (A) Persons performing research related to the administration of criminal justice, subject to conditions approved by the central repository or the Identification Bureau of the Division of Arkansas State Police to assure the security of the information and the privacy of individuals to whom the criminal history information relates; and (B) Private contractors housing state inmates for a governmental criminal justice agency under a specific agreement approved by the Arkansas Crime Information Center that limits the use of the criminal history information to the purposes for which given to ensure the security and confidentiality of the criminal history information. (b) (1) Criminal history information shall be made available according to the National Crime Prevention and Privacy Compact, 42 U.S.C. § 14616 , as it existed on January 1, 2001. (2) (A) The General Assembly approves and ratifies the National Crime Prevention and Privacy Compact, 42 U.S.C. § 14616 , as it existed on January 1, 2001. (B) The Director of the Arkansas Crime Information Center shall execute, administer, and implement the compact on behalf of the state and may adopt necessary rules and procedures for the national exchange of criminal history information for noncriminal justice purposes. (C) Ratification of the compact does not affect the obligations and responsibilities of the center regarding the dissemination of criminal history information within Arkansas. (c) (1) Criminal history information may be requested by a noncriminal justice agency and shall be made available after a review and express approval of dissemination by the director. (2) Requests for criminal history information by a noncriminal justice agency shall be made to the director and shall include: (A) The specific criminal history information being requested; (B) A list of all persons who will have access to the criminal history information; (C) A detailed description of how the criminal history information will be used and protected; and (D) A named temporary custodian of the criminal history information received. (3) Criminal history information that is requested under this subsection is limited to criminal history information pertaining to criminal offenses that occurred in Arkansas. Amended by Act 2019, No. 315,§ 867, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 5857, eff. 7/1/2019. Amended by Act 2019, No. 519,§ 1, eff. 7/24/2019. Acts 1993, No. 1109, § 9; 1999, No. 1330, § 1; 2001, No. 329, § 1.

(a) (1) Criminal history information shall be made available to the Governor for purposes of carrying out the Governor's constitutional authority involving pardons, executive clemencies, extraditions, or other duties specifically authorized by law. (2) Criminal history information may be made available to: (A) Persons performing research related to the administration of criminal justice, subject to conditions approved by the central repository or the Identification Bureau of the Division of Arkansas State Police to assure the security of the information and the privacy of individuals to whom the criminal history information relates; and (B) Private contractors housing state inmates for a governmental criminal justice agency under a specific agreement approved by the Arkansas Crime Information Center that limits the use of the criminal history information to the purposes for which given to ensure the security and confidentiality of the criminal history information.

(1) Criminal history information shall be made available to the Governor for purposes of carrying out the Governor's constitutional authority involving pardons, executive clemencies, extraditions, or other duties specifically authorized by law.

(2) Criminal history information may be made available to: (A) Persons performing research related to the administration of criminal justice, subject to conditions approved by the central repository or the Identification Bureau of the Division of Arkansas State Police to assure the security of the information and the privacy of individuals to whom the criminal history information relates; and (B) Private contractors housing state inmates for a governmental criminal justice agency under a specific agreement approved by the Arkansas Crime Information Center that limits the use of the criminal history information to the purposes for which given to ensure the security and confidentiality of the criminal history information.

(A) Persons performing research related to the administration of criminal justice, subject to conditions approved by the central repository or the Identification Bureau of the Division of Arkansas State Police to assure the security of the information and the privacy of individuals to whom the criminal history information relates; and

(B) Private contractors housing state inmates for a governmental criminal justice agency under a specific agreement approved by the Arkansas Crime Information Center that limits the use of the criminal history information to the purposes for which given to ensure the security and confidentiality of the criminal history information.

(b) (1) Criminal history information shall be made available according to the National Crime Prevention and Privacy Compact, 42 U.S.C. § 14616 , as it existed on January 1, 2001. (2) (A) The General Assembly approves and ratifies the National Crime Prevention and Privacy Compact, 42 U.S.C. § 14616 , as it existed on January 1, 2001. (B) The Director of the Arkansas Crime Information Center shall execute, administer, and implement the compact on behalf of the state and may adopt necessary rules and procedures for the national exchange of criminal history information for noncriminal justice purposes. (C) Ratification of the compact does not affect the obligations and responsibilities of the center regarding the dissemination of criminal history information within Arkansas.

(1) Criminal history information shall be made available according to the National Crime Prevention and Privacy Compact, 42 U.S.C. § 14616 , as it existed on January 1, 2001.

(2) (A) The General Assembly approves and ratifies the National Crime Prevention and Privacy Compact, 42 U.S.C. § 14616 , as it existed on January 1, 2001. (B) The Director of the Arkansas Crime Information Center shall execute, administer, and implement the compact on behalf of the state and may adopt necessary rules and procedures for the national exchange of criminal history information for noncriminal justice purposes. (C) Ratification of the compact does not affect the obligations and responsibilities of the center regarding the dissemination of criminal history information within Arkansas.

(A) The General Assembly approves and ratifies the National Crime Prevention and Privacy Compact, 42 U.S.C. § 14616 , as it existed on January 1, 2001.

(B) The Director of the Arkansas Crime Information Center shall execute, administer, and implement the compact on behalf of the state and may adopt necessary rules and procedures for the national exchange of criminal history information for noncriminal justice purposes.

(C) Ratification of the compact does not affect the obligations and responsibilities of the center regarding the dissemination of criminal history information within Arkansas.

(c) (1) Criminal history information may be requested by a noncriminal justice agency and shall be made available after a review and express approval of dissemination by the director. (2) Requests for criminal history information by a noncriminal justice agency shall be made to the director and shall include: (A) The specific criminal history information being requested; (B) A list of all persons who will have access to the criminal history information; (C) A detailed description of how the criminal history information will be used and protected; and (D) A named temporary custodian of the criminal history information received. (3) Criminal history information that is requested under this subsection is limited to criminal history information pertaining to criminal offenses that occurred in Arkansas.

(1) Criminal history information may be requested by a noncriminal justice agency and shall be made available after a review and express approval of dissemination by the director.

(2) Requests for criminal history information by a noncriminal justice agency shall be made to the director and shall include: (A) The specific criminal history information being requested; (B) A list of all persons who will have access to the criminal history information; (C) A detailed description of how the criminal history information will be used and protected; and (D) A named temporary custodian of the criminal history information received.

(A) The specific criminal history information being requested;

(B) A list of all persons who will have access to the criminal history information;

(C) A detailed description of how the criminal history information will be used and protected; and

(D) A named temporary custodian of the criminal history information received.

(3) Criminal history information that is requested under this subsection is limited to criminal history information pertaining to criminal offenses that occurred in Arkansas.

Amended by Act 2019, No. 315,§ 867, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 5857, eff. 7/1/2019.

Amended by Act 2019, No. 519,§ 1, eff. 7/24/2019.

Acts 1993, No. 1109, § 9; 1999, No. 1330, § 1; 2001, No. 329, § 1.
Ark. Code Ann. § 12-12-1714 — AR Code / Title 12 / Chapter 12 / Subchapter 17 / Section 12-12-1714
Investigative powers of the Department of Human Services
Status: in_force

(a) If admission cannot be obtained to a home, an institution, or other place in which an allegedly maltreated person may be present, a circuit court, upon good cause shown, shall order the person responsible for or in charge of the home, institution, or other place to allow entrance for an examination and investigation. (b) If admission to a home cannot be obtained due to hospitalization or similar absence of the maltreated person and admission to the home is necessary to complete an investigation, a circuit court, upon good cause shown, shall order a law enforcement agency to assist the Department of Human Services to obtain entrance to the home for the required investigation of the home environment. (c) (1) Upon request, the medical, mental health, or other records regarding the maltreated person, including protected health information, maintained by any facility or maintained by any person required by this subchapter to report suspected adult maltreatment or long-term care facility resident maltreatment, shall be made available to the department for the purpose of conducting an investigation under this subchapter. (2) Upon request, financial records maintained by a bank or similar institution regarding a maltreated person shall be made available to the department for the purpose of conducting an investigation under this subchapter. (3) A circuit court, upon good cause shown, shall order any facility or person that maintains medical, mental health, or other records, including protected health information, regarding a maltreated person to tender the records to the department for the purpose of conducting an investigation under this subchapter. (4) The department is not required to pay for a copy of a medical, mental health, financial, or other record that is provided to the department under this subsection. (d) (1) An investigation under this subchapter may include a medical, psychological, social, vocational, financial, and educational evaluation and review, if necessary. (2) (A) (i) The department may file an ex parte petition in circuit court requesting an order of investigation. (ii) If the court issues an order of investigation, any subsequent petition for custody shall be filed in this same case. (B) No fees may be charged or collected by the clerk, including without limitation, fees for filing, summons, or subpoenas. (3) (A) The department may compel the allegedly maltreated person to be evaluated in the least restrictive environment and least intrusive manner necessary to obtain an assessment if: (i) The department is unable to secure an order of investigation from the circuit court during regular business hours; (ii) The department has reasonable cause to suspect a significant risk for serious harm to the health or safety of the adult; and (iii) The department cannot adequately assess: (a) The adult's capacity to comprehend the nature and consequences of remaining in the situation or condition; or (b) The adult's mental or physical impairment and ability to protect himself or herself from maltreatment. (B) (i) Upon request by the department and without a court order, law enforcement and medical personnel shall assist the department as needed in obtaining an assessment on an allegedly maltreated person. (ii) The assessment may include emergency treatment. (C) No later than the next business day after the assessment, the department shall petition the court for an order of investigation as outlined in this section. (4) (A) Upon a showing of reasonable cause to suspect an allegedly maltreated person is endangered or impaired, the circuit court shall issue an order of investigation. (B) The order of investigation may include the power to compel the allegedly maltreated person to be assessed to determine whether the person: (i) Lacks capacity to understand the nature and consequences of remaining in the situation or condition that poses a danger to the person; or (ii) Has a mental or physical impairment such that the person is unable to protect himself or herself from abuse, sexual abuse, neglect, or exploitation. (5) Upon good cause shown by the department, the circuit court may order emergency treatment of the allegedly maltreated adult. (6) (A) The allegedly maltreated adult has a right to counsel, including appointed counsel if indigent, and a right to a hearing within five (5) business days after the allegedly maltreated adult is served with the ex parte order of investigation. (B) If the allegedly maltreated adult is not indigent, the circuit court has the authority to appoint counsel to represent the allegedly maltreated adult and to direct payment from the assets of the adult for legal services received by the adult. (C) If the department determines the allegedly maltreated adult is not endangered or impaired and releases the allegedly maltreated adult or ceases any assessment, a hearing under subdivision (d)(6)(A) of this section is not required. (7) (A) At the five-day hearing the court shall determine whether the order of investigation shall continue for an additional period of time or be terminated. (B) The burden shall be upon the department to show probable cause that the alleged maltreated person is an endangered or impaired person and that additional time is necessary to complete the investigation. (8) The department and the court shall defer to any declaration executed in conformance with the Arkansas Rights of the Terminally Ill or Permanently Unconscious Act, § 20-17-201 et seq., and before any documented medical or judicial determination of lack of capacity. (e) If before an investigation under this subchapter is completed, the Adult Protective Services Unit of the Department of Human Services determines that the immediate removal of a maltreated adult is necessary to protect the maltreated adult from imminent danger to his or her health or safety, the unit may: (1) Petition a circuit court for an order of temporary custody; or (2) Exercise a seventy-two-hour hold under the Adult Maltreatment Custody Act, § 9-20-101 et seq. (f) Upon petition by the department, the court may direct payment from the assets of the allegedly maltreated adult for services rendered or goods purchased by or for the allegedly maltreated adult during the course of the investigation. Amended by Act 2019, No. 955,§ 2, eff. 7/24/2019. Acts 2005, No. 1812, § 1; 2007, No. 283, § 8; 2007, No. 497, § 6; 2009, No. 525, § 2.

(a) If admission cannot be obtained to a home, an institution, or other place in which an allegedly maltreated person may be present, a circuit court, upon good cause shown, shall order the person responsible for or in charge of the home, institution, or other place to allow entrance for an examination and investigation.

(b) If admission to a home cannot be obtained due to hospitalization or similar absence of the maltreated person and admission to the home is necessary to complete an investigation, a circuit court, upon good cause shown, shall order a law enforcement agency to assist the Department of Human Services to obtain entrance to the home for the required investigation of the home environment.

(c) (1) Upon request, the medical, mental health, or other records regarding the maltreated person, including protected health information, maintained by any facility or maintained by any person required by this subchapter to report suspected adult maltreatment or long-term care facility resident maltreatment, shall be made available to the department for the purpose of conducting an investigation under this subchapter. (2) Upon request, financial records maintained by a bank or similar institution regarding a maltreated person shall be made available to the department for the purpose of conducting an investigation under this subchapter. (3) A circuit court, upon good cause shown, shall order any facility or person that maintains medical, mental health, or other records, including protected health information, regarding a maltreated person to tender the records to the department for the purpose of conducting an investigation under this subchapter. (4) The department is not required to pay for a copy of a medical, mental health, financial, or other record that is provided to the department under this subsection.

(1) Upon request, the medical, mental health, or other records regarding the maltreated person, including protected health information, maintained by any facility or maintained by any person required by this subchapter to report suspected adult maltreatment or long-term care facility resident maltreatment, shall be made available to the department for the purpose of conducting an investigation under this subchapter.

(2) Upon request, financial records maintained by a bank or similar institution regarding a maltreated person shall be made available to the department for the purpose of conducting an investigation under this subchapter.

(3) A circuit court, upon good cause shown, shall order any facility or person that maintains medical, mental health, or other records, including protected health information, regarding a maltreated person to tender the records to the department for the purpose of conducting an investigation under this subchapter.

(4) The department is not required to pay for a copy of a medical, mental health, financial, or other record that is provided to the department under this subsection.

(d) (1) An investigation under this subchapter may include a medical, psychological, social, vocational, financial, and educational evaluation and review, if necessary. (2) (A) (i) The department may file an ex parte petition in circuit court requesting an order of investigation. (ii) If the court issues an order of investigation, any subsequent petition for custody shall be filed in this same case. (B) No fees may be charged or collected by the clerk, including without limitation, fees for filing, summons, or subpoenas. (3) (A) The department may compel the allegedly maltreated person to be evaluated in the least restrictive environment and least intrusive manner necessary to obtain an assessment if: (i) The department is unable to secure an order of investigation from the circuit court during regular business hours; (ii) The department has reasonable cause to suspect a significant risk for serious harm to the health or safety of the adult; and (iii) The department cannot adequately assess: (a) The adult's capacity to comprehend the nature and consequences of remaining in the situation or condition; or (b) The adult's mental or physical impairment and ability to protect himself or herself from maltreatment. (B) (i) Upon request by the department and without a court order, law enforcement and medical personnel shall assist the department as needed in obtaining an assessment on an allegedly maltreated person. (ii) The assessment may include emergency treatment. (C) No later than the next business day after the assessment, the department shall petition the court for an order of investigation as outlined in this section. (4) (A) Upon a showing of reasonable cause to suspect an allegedly maltreated person is endangered or impaired, the circuit court shall issue an order of investigation. (B) The order of investigation may include the power to compel the allegedly maltreated person to be assessed to determine whether the person: (i) Lacks capacity to understand the nature and consequences of remaining in the situation or condition that poses a danger to the person; or (ii) Has a mental or physical impairment such that the person is unable to protect himself or herself from abuse, sexual abuse, neglect, or exploitation. (5) Upon good cause shown by the department, the circuit court may order emergency treatment of the allegedly maltreated adult. (6) (A) The allegedly maltreated adult has a right to counsel, including appointed counsel if indigent, and a right to a hearing within five (5) business days after the allegedly maltreated adult is served with the ex parte order of investigation. (B) If the allegedly maltreated adult is not indigent, the circuit court has the authority to appoint counsel to represent the allegedly maltreated adult and to direct payment from the assets of the adult for legal services received by the adult. (C) If the department determines the allegedly maltreated adult is not endangered or impaired and releases the allegedly maltreated adult or ceases any assessment, a hearing under subdivision (d)(6)(A) of this section is not required. (7) (A) At the five-day hearing the court shall determine whether the order of investigation shall continue for an additional period of time or be terminated. (B) The burden shall be upon the department to show probable cause that the alleged maltreated person is an endangered or impaired person and that additional time is necessary to complete the investigation. (8) The department and the court shall defer to any declaration executed in conformance with the Arkansas Rights of the Terminally Ill or Permanently Unconscious Act, § 20-17-201 et seq., and before any documented medical or judicial determination of lack of capacity.

(1) An investigation under this subchapter may include a medical, psychological, social, vocational, financial, and educational evaluation and review, if necessary.

(2) (A) (i) The department may file an ex parte petition in circuit court requesting an order of investigation. (ii) If the court issues an order of investigation, any subsequent petition for custody shall be filed in this same case. (B) No fees may be charged or collected by the clerk, including without limitation, fees for filing, summons, or subpoenas.

(A) (i) The department may file an ex parte petition in circuit court requesting an order of investigation. (ii) If the court issues an order of investigation, any subsequent petition for custody shall be filed in this same case.

(i) The department may file an ex parte petition in circuit court requesting an order of investigation.

(ii) If the court issues an order of investigation, any subsequent petition for custody shall be filed in this same case.

(B) No fees may be charged or collected by the clerk, including without limitation, fees for filing, summons, or subpoenas.

(3) (A) The department may compel the allegedly maltreated person to be evaluated in the least restrictive environment and least intrusive manner necessary to obtain an assessment if: (i) The department is unable to secure an order of investigation from the circuit court during regular business hours; (ii) The department has reasonable cause to suspect a significant risk for serious harm to the health or safety of the adult; and (iii) The department cannot adequately assess: (a) The adult's capacity to comprehend the nature and consequences of remaining in the situation or condition; or (b) The adult's mental or physical impairment and ability to protect himself or herself from maltreatment. (B) (i) Upon request by the department and without a court order, law enforcement and medical personnel shall assist the department as needed in obtaining an assessment on an allegedly maltreated person. (ii) The assessment may include emergency treatment. (C) No later than the next business day after the assessment, the department shall petition the court for an order of investigation as outlined in this section.

(A) The department may compel the allegedly maltreated person to be evaluated in the least restrictive environment and least intrusive manner necessary to obtain an assessment if: (i) The department is unable to secure an order of investigation from the circuit court during regular business hours; (ii) The department has reasonable cause to suspect a significant risk for serious harm to the health or safety of the adult; and (iii) The department cannot adequately assess: (a) The adult's capacity to comprehend the nature and consequences of remaining in the situation or condition; or (b) The adult's mental or physical impairment and ability to protect himself or herself from maltreatment.

(i) The department is unable to secure an order of investigation from the circuit court during regular business hours;

(ii) The department has reasonable cause to suspect a significant risk for serious harm to the health or safety of the adult; and

(iii) The department cannot adequately assess: (a) The adult's capacity to comprehend the nature and consequences of remaining in the situation or condition; or (b) The adult's mental or physical impairment and ability to protect himself or herself from maltreatment.

(a) The adult's capacity to comprehend the nature and consequences of remaining in the situation or condition; or

(b) The adult's mental or physical impairment and ability to protect himself or herself from maltreatment.

(B) (i) Upon request by the department and without a court order, law enforcement and medical personnel shall assist the department as needed in obtaining an assessment on an allegedly maltreated person. (ii) The assessment may include emergency treatment.

(i) Upon request by the department and without a court order, law enforcement and medical personnel shall assist the department as needed in obtaining an assessment on an allegedly maltreated person.

(ii) The assessment may include emergency treatment.

(C) No later than the next business day after the assessment, the department shall petition the court for an order of investigation as outlined in this section.

(4) (A) Upon a showing of reasonable cause to suspect an allegedly maltreated person is endangered or impaired, the circuit court shall issue an order of investigation. (B) The order of investigation may include the power to compel the allegedly maltreated person to be assessed to determine whether the person: (i) Lacks capacity to understand the nature and consequences of remaining in the situation or condition that poses a danger to the person; or (ii) Has a mental or physical impairment such that the person is unable to protect himself or herself from abuse, sexual abuse, neglect, or exploitation.

(A) Upon a showing of reasonable cause to suspect an allegedly maltreated person is endangered or impaired, the circuit court shall issue an order of investigation.

(B) The order of investigation may include the power to compel the allegedly maltreated person to be assessed to determine whether the person: (i) Lacks capacity to understand the nature and consequences of remaining in the situation or condition that poses a danger to the person; or (ii) Has a mental or physical impairment such that the person is unable to protect himself or herself from abuse, sexual abuse, neglect, or exploitation.

(i) Lacks capacity to understand the nature and consequences of remaining in the situation or condition that poses a danger to the person; or

(ii) Has a mental or physical impairment such that the person is unable to protect himself or herself from abuse, sexual abuse, neglect, or exploitation.

(5) Upon good cause shown by the department, the circuit court may order emergency treatment of the allegedly maltreated adult.

(6) (A) The allegedly maltreated adult has a right to counsel, including appointed counsel if indigent, and a right to a hearing within five (5) business days after the allegedly maltreated adult is served with the ex parte order of investigation. (B) If the allegedly maltreated adult is not indigent, the circuit court has the authority to appoint counsel to represent the allegedly maltreated adult and to direct payment from the assets of the adult for legal services received by the adult. (C) If the department determines the allegedly maltreated adult is not endangered or impaired and releases the allegedly maltreated adult or ceases any assessment, a hearing under subdivision (d)(6)(A) of this section is not required.

(A) The allegedly maltreated adult has a right to counsel, including appointed counsel if indigent, and a right to a hearing within five (5) business days after the allegedly maltreated adult is served with the ex parte order of investigation.

(B) If the allegedly maltreated adult is not indigent, the circuit court has the authority to appoint counsel to represent the allegedly maltreated adult and to direct payment from the assets of the adult for legal services received by the adult.

(C) If the department determines the allegedly maltreated adult is not endangered or impaired and releases the allegedly maltreated adult or ceases any assessment, a hearing under subdivision (d)(6)(A) of this section is not required.

(7) (A) At the five-day hearing the court shall determine whether the order of investigation shall continue for an additional period of time or be terminated. (B) The burden shall be upon the department to show probable cause that the alleged maltreated person is an endangered or impaired person and that additional time is necessary to complete the investigation.

(A) At the five-day hearing the court shall determine whether the order of investigation shall continue for an additional period of time or be terminated.

(B) The burden shall be upon the department to show probable cause that the alleged maltreated person is an endangered or impaired person and that additional time is necessary to complete the investigation.

(8) The department and the court shall defer to any declaration executed in conformance with the Arkansas Rights of the Terminally Ill or Permanently Unconscious Act, § 20-17-201 et seq., and before any documented medical or judicial determination of lack of capacity.

(e) If before an investigation under this subchapter is completed, the Adult Protective Services Unit of the Department of Human Services determines that the immediate removal of a maltreated adult is necessary to protect the maltreated adult from imminent danger to his or her health or safety, the unit may: (1) Petition a circuit court for an order of temporary custody; or (2) Exercise a seventy-two-hour hold under the Adult Maltreatment Custody Act, § 9-20-101 et seq.

(1) Petition a circuit court for an order of temporary custody; or

(2) Exercise a seventy-two-hour hold under the Adult Maltreatment Custody Act, § 9-20-101 et seq.

(f) Upon petition by the department, the court may direct payment from the assets of the allegedly maltreated adult for services rendered or goods purchased by or for the allegedly maltreated adult during the course of the investigation.

Amended by Act 2019, No. 955,§ 2, eff. 7/24/2019.

Acts 2005, No. 1812, § 1; 2007, No. 283, § 8; 2007, No. 497, § 6; 2009, No. 525, § 2.
Ark. Code Ann. § 12-41-803 — AR Code / Title 12 / Chapter 41 / Subchapter 8 / Section 12-41-803
Definitions
Status: in_force

As used in this subchapter: (1) "Governing body" means the: (A) City council or board of directors or comparable body for a city; (B) Town council or board of directors or comparable body for a town; and (C) Quorum court for a county; (2) "Juvenile detention facility" means any facility for the temporary care of juveniles alleged to be delinquent, or adjudicated delinquent and awaiting disposition, who require secure custody in a physically restricting facility designed and operated with all entrances and exits under the exclusive control of the facility's staff, so that a juvenile may not leave the facility unsupervised or without permission; (3) "Local governmental units" means a city of any class, a town, or a county; and (4) "State" means the State of Arkansas. Acts 1989, No. 486, § 3.

As used in this subchapter:

(1) "Governing body" means the: (A) City council or board of directors or comparable body for a city; (B) Town council or board of directors or comparable body for a town; and (C) Quorum court for a county;

(A) City council or board of directors or comparable body for a city;

(B) Town council or board of directors or comparable body for a town; and

(C) Quorum court for a county;

(2) "Juvenile detention facility" means any facility for the temporary care of juveniles alleged to be delinquent, or adjudicated delinquent and awaiting disposition, who require secure custody in a physically restricting facility designed and operated with all entrances and exits under the exclusive control of the facility's staff, so that a juvenile may not leave the facility unsupervised or without permission;

(3) "Local governmental units" means a city of any class, a town, or a county; and

(4) "State" means the State of Arkansas.

Acts 1989, No. 486, § 3.
Ark. Code Ann. § 12-88-103 — AR Code / Title 12 / Chapter 88 / Section 12-88-103
Definitions
Status: in_force

As used in this chapter: (1) "Critical infrastructure" means property and equipment, including without limitation buildings, offices, lines, poles, pipes, and structures, owned or used by the following: (A) A communications network; (B) An electric generation, transmission, or distribution system; (C) A gas distribution system; (D) A water pipeline; or (E) A support facility that is related to an entity listed in subdivisions (1)(A)­(D) of this section and services multiple customers or persons; (2) "Declared state disaster or emergency" means a disaster or emergency event: (A) For which a Governor's executive order or proclamation has been issued; (B) For which a presidential declaration of a major disaster or emergency has been issued; and (C) Within the state: (i) For which a good faith response effort is required; and (ii) That the Director of the Division of Emergency Management designates as a disaster or emergency upon request of and notification by a registered business; (3) "Disaster-related or emergency-related work" means repairing, renovating, installing, building, and rendering services or other business activities that relate to critical infrastructure that has been damaged, impaired, or destroyed by a declared state disaster or emergency; (4) "Disaster response period" means a period that begins ten (10) days before the first day of the earlier of the Governor's executive order or proclamation, the President of the United States' declaration of a major disaster or emergency, or designation by the director and extends until the later of sixty (60) calendar days after the declared state disaster or emergency or the date authorized by the director; (5) (A) "Out-of-state business" means a business entity: (i) That, except for providing disaster-related or emergency-related work: (a) Has no presence in this state; (b) Conducts no business in this state; and (c) Has no registration, tax filing, or nexus in this state during the tax year immediately preceding the declared state disaster or emergency; and (ii) The services of which are requested by a registered business, a state government, or a local government for purposes of performing disaster-related or emergency-related work in the state. (B) "Out-of-state business" includes without limitation: (i) A business entity that is affiliated with a registered business in the state solely through common ownership; and (ii) The employees of the business entity; (6) "Out-of-state employee" means an individual who does not work in the state except for providing disaster-related or emergency-related work during a disaster response period; and (7) "Registered business" means a business entity that is registered to do business in Arkansas before the relevant declared state disaster or emergency occurs. Amended by Act 2019, No. 910,§ 5919, eff. 7/1/2019. Added by Act 2015, No. 864,§ 1, eff. 3/31/2015.

As used in this chapter:

(1) "Critical infrastructure" means property and equipment, including without limitation buildings, offices, lines, poles, pipes, and structures, owned or used by the following: (A) A communications network; (B) An electric generation, transmission, or distribution system; (C) A gas distribution system; (D) A water pipeline; or (E) A support facility that is related to an entity listed in subdivisions (1)(A)­(D) of this section and services multiple customers or persons;

(A) A communications network;

(B) An electric generation, transmission, or distribution system;

(C) A gas distribution system;

(D) A water pipeline; or

(E) A support facility that is related to an entity listed in subdivisions (1)(A)­(D) of this section and services multiple customers or persons;

(2) "Declared state disaster or emergency" means a disaster or emergency event: (A) For which a Governor's executive order or proclamation has been issued; (B) For which a presidential declaration of a major disaster or emergency has been issued; and (C) Within the state: (i) For which a good faith response effort is required; and (ii) That the Director of the Division of Emergency Management designates as a disaster or emergency upon request of and notification by a registered business;

(A) For which a Governor's executive order or proclamation has been issued;

(B) For which a presidential declaration of a major disaster or emergency has been issued; and

(C) Within the state: (i) For which a good faith response effort is required; and (ii) That the Director of the Division of Emergency Management designates as a disaster or emergency upon request of and notification by a registered business;

(i) For which a good faith response effort is required; and

(ii) That the Director of the Division of Emergency Management designates as a disaster or emergency upon request of and notification by a registered business;

(3) "Disaster-related or emergency-related work" means repairing, renovating, installing, building, and rendering services or other business activities that relate to critical infrastructure that has been damaged, impaired, or destroyed by a declared state disaster or emergency;

(4) "Disaster response period" means a period that begins ten (10) days before the first day of the earlier of the Governor's executive order or proclamation, the President of the United States' declaration of a major disaster or emergency, or designation by the director and extends until the later of sixty (60) calendar days after the declared state disaster or emergency or the date authorized by the director;

(5) (A) "Out-of-state business" means a business entity: (i) That, except for providing disaster-related or emergency-related work: (a) Has no presence in this state; (b) Conducts no business in this state; and (c) Has no registration, tax filing, or nexus in this state during the tax year immediately preceding the declared state disaster or emergency; and (ii) The services of which are requested by a registered business, a state government, or a local government for purposes of performing disaster-related or emergency-related work in the state. (B) "Out-of-state business" includes without limitation: (i) A business entity that is affiliated with a registered business in the state solely through common ownership; and (ii) The employees of the business entity;

(A) "Out-of-state business" means a business entity: (i) That, except for providing disaster-related or emergency-related work: (a) Has no presence in this state; (b) Conducts no business in this state; and (c) Has no registration, tax filing, or nexus in this state during the tax year immediately preceding the declared state disaster or emergency; and (ii) The services of which are requested by a registered business, a state government, or a local government for purposes of performing disaster-related or emergency-related work in the state.

(i) That, except for providing disaster-related or emergency-related work: (a) Has no presence in this state; (b) Conducts no business in this state; and (c) Has no registration, tax filing, or nexus in this state during the tax year immediately preceding the declared state disaster or emergency; and

(a) Has no presence in this state;

(b) Conducts no business in this state; and

(c) Has no registration, tax filing, or nexus in this state during the tax year immediately preceding the declared state disaster or emergency; and

(ii) The services of which are requested by a registered business, a state government, or a local government for purposes of performing disaster-related or emergency-related work in the state.

(B) "Out-of-state business" includes without limitation: (i) A business entity that is affiliated with a registered business in the state solely through common ownership; and (ii) The employees of the business entity;

(i) A business entity that is affiliated with a registered business in the state solely through common ownership; and

(ii) The employees of the business entity;

(6) "Out-of-state employee" means an individual who does not work in the state except for providing disaster-related or emergency-related work during a disaster response period; and

(7) "Registered business" means a business entity that is registered to do business in Arkansas before the relevant declared state disaster or emergency occurs.

Amended by Act 2019, No. 910,§ 5919, eff. 7/1/2019.

Added by Act 2015, No. 864,§ 1, eff. 3/31/2015.
Ark. Code Ann. § 12-41-702 — AR Code / Title 12 / Chapter 41 / Subchapter 7 / Section 12-41-702
Method supplemental
Status: in_force

The method set forth in this subchapter for construction, renovation, or expansion of jails shall be supplemental to any other method authorized by law for construction, renovation, or expansion of jails. Acts 1983, No. 918, § 5; A.S.A. 1947, § 46-452; Acts 2003, No. 1772, § 1.

The method set forth in this subchapter for construction, renovation, or expansion of jails shall be supplemental to any other method authorized by law for construction, renovation, or expansion of jails.

Acts 1983, No. 918, § 5; A.S.A. 1947, § 46-452; Acts 2003, No. 1772, § 1.
Ark. Code Ann. § 12-12-303 — AR Code / Title 12 / Chapter 12 / Subchapter 3 / Section 12-12-303
Board's powers and duties generally
Status: in_force

(a) The State Crime Laboratory Board shall promulgate such policies and rules as shall be necessary to carry out the intent and purpose of this subchapter along with the specific duties and responsibilities set out in this subchapter. (b) The board is authorized to accept gifts, grants, or funds from persons, associations, corporations, foundations, and federal or state governmental agencies and to use the gifts, grants, or funds for purposes of carrying out this subchapter or for any other purposes not inconsistent with the purposes and intent of this subchapter which may be authorized by the board. (c) The board is further authorized by this subchapter to enter into contracts, not inconsistent with law, and to do such things as it may deem necessary or appropriate to properly carry out the purposes and intent of this subchapter. Amended by Act 2019, No. 315,§ 860, eff. 7/24/2019. Acts 1979, No. 864, §§ 4, 21; A.S.A. 1947, §§ 42-1206, 42-1223.

(a) The State Crime Laboratory Board shall promulgate such policies and rules as shall be necessary to carry out the intent and purpose of this subchapter along with the specific duties and responsibilities set out in this subchapter.

(b) The board is authorized to accept gifts, grants, or funds from persons, associations, corporations, foundations, and federal or state governmental agencies and to use the gifts, grants, or funds for purposes of carrying out this subchapter or for any other purposes not inconsistent with the purposes and intent of this subchapter which may be authorized by the board.

(c) The board is further authorized by this subchapter to enter into contracts, not inconsistent with law, and to do such things as it may deem necessary or appropriate to properly carry out the purposes and intent of this subchapter.

Amended by Act 2019, No. 315,§ 860, eff. 7/24/2019.

Acts 1979, No. 864, §§ 4, 21; A.S.A. 1947, §§ 42-1206, 42-1223.
Ark. Code Ann. § 12-13-108 — AR Code / Title 12 / Chapter 13 / Subchapter 1 / Section 12-13-108
Ex officio deputies
Status: in_force

All mayors, members of fire departments, and peace officers shall be ex officio deputies to the Director of the Division of Arkansas State Police. They shall be subject to the duties and obligations imposed by law in fire prevention and in the investigation of the cause, origin, and circumstances of fires within their jurisdiction. Amended by Act 2023, No. 841,§ 15, eff. 7/1/2023. Amended by Act 2019, No. 910,§ 5864, eff. 7/1/2019. Acts 1955, No. 254, § 4; A.S.A. 1947, § 82-809.

All mayors, members of fire departments, and peace officers shall be ex officio deputies to the Director of the Division of Arkansas State Police. They shall be subject to the duties and obligations imposed by law in fire prevention and in the investigation of the cause, origin, and circumstances of fires within their jurisdiction.

Amended by Act 2023, No. 841,§ 15, eff. 7/1/2023.

Amended by Act 2019, No. 910,§ 5864, eff. 7/1/2019.

Acts 1955, No. 254, § 4; A.S.A. 1947, § 82-809.
Ark. Code Ann. § 12-63-304 — AR Code / Title 12 / Chapter 63 / Subchapter 3 / Section 12-63-304
Renting of currently used readiness centers - Disposition of proceeds
Status: in_force

(a) The Adjutant General, acting for and on behalf of the Arkansas National Guard, shall issue rules concerning the rental and use of a National Guard readiness center or its facilities or portions thereof to any person, organization, firm, corporation, or governmental agency for any legal use for short periods of time, provided the renting of the readiness center or its facilities or portions thereof does not interfere with its use by the National Guard for training or other military purposes. (b) All such rentals shall be in writing and shall contain appropriate clauses permitting immediate termination or cancellation of the rental agreement on order of the Adjutant General should the public interest or National Guard purposes necessitate the termination. (c) A readiness center or its facilities or portions thereof shall not be rented for less than an amount sufficient to cover all expenses, including custodian fees, utility bills, janitor service, and any repairs occasioned by such use. (d) (1) Readiness center funds are those funds derived from the use of the facilities by an individual, agency, or organization other than the official users of the facilities by National Guard units quartered therein. Social meetings for members of a unit and their families, sponsored by the unit, are considered official. (2) A full and complete record of funds received and disbursed shall be maintained by the senior officer of the official using the unit and shall be subject to audit as may be required by the Adjutant General. (3) The Adjutant General shall publish rules governing the expenditure of such rental funds to ensure that the state expenses are recovered from the rental funds and that rental funds are used for Arkansas National Guard morale, welfare, and recreation events. Amended by Act 2019, No. 315,§ 944, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 943, eff. 7/24/2019. Amended by Act 2013, No. 1013,§ 1, eff. 8/16/2013. Acts 1969, No. 50, § 180; 1979, No. 422, § 1; A.S.A. 1947, § 11-804.

(a) The Adjutant General, acting for and on behalf of the Arkansas National Guard, shall issue rules concerning the rental and use of a National Guard readiness center or its facilities or portions thereof to any person, organization, firm, corporation, or governmental agency for any legal use for short periods of time, provided the renting of the readiness center or its facilities or portions thereof does not interfere with its use by the National Guard for training or other military purposes.

(b) All such rentals shall be in writing and shall contain appropriate clauses permitting immediate termination or cancellation of the rental agreement on order of the Adjutant General should the public interest or National Guard purposes necessitate the termination.

(c) A readiness center or its facilities or portions thereof shall not be rented for less than an amount sufficient to cover all expenses, including custodian fees, utility bills, janitor service, and any repairs occasioned by such use.

(d) (1) Readiness center funds are those funds derived from the use of the facilities by an individual, agency, or organization other than the official users of the facilities by National Guard units quartered therein. Social meetings for members of a unit and their families, sponsored by the unit, are considered official. (2) A full and complete record of funds received and disbursed shall be maintained by the senior officer of the official using the unit and shall be subject to audit as may be required by the Adjutant General. (3) The Adjutant General shall publish rules governing the expenditure of such rental funds to ensure that the state expenses are recovered from the rental funds and that rental funds are used for Arkansas National Guard morale, welfare, and recreation events.

(1) Readiness center funds are those funds derived from the use of the facilities by an individual, agency, or organization other than the official users of the facilities by National Guard units quartered therein. Social meetings for members of a unit and their families, sponsored by the unit, are considered official.

(2) A full and complete record of funds received and disbursed shall be maintained by the senior officer of the official using the unit and shall be subject to audit as may be required by the Adjutant General.

(3) The Adjutant General shall publish rules governing the expenditure of such rental funds to ensure that the state expenses are recovered from the rental funds and that rental funds are used for Arkansas National Guard morale, welfare, and recreation events.

Amended by Act 2019, No. 315,§ 944, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 943, eff. 7/24/2019.

Amended by Act 2013, No. 1013,§ 1, eff. 8/16/2013.

Acts 1969, No. 50, § 180; 1979, No. 422, § 1; A.S.A. 1947, § 11-804.
Ark. Code Ann. § 12-19-102 — AR Code / Title 12 / Chapter 19 / Section 12-19-102
Posting information about the National Human Trafficking Resource Center Hotline
Status: in_force

(a) The following establishments shall post in a conspicuous place near the entrance of the establishment, or where posters and notices of this type customarily are posted, a poster described in subsection (b) of this section measuring at least eight and one-half inches by eleven inches (81/2" x 11") in size: (1) A hotel, motel, or other establishment that has been cited as a public nuisance for prostitution under § 20-27-401 ; (2) A strip club or other sexually oriented business; (3) A private club that has a liquor permit for on-premises consumption and does not hold itself out to be a food service establishment; (4) An airport; (5) A train station that serves passengers; (6) A bus station; (7) A privately owned and operated facility that provides food, fuel, shower or other sanitary facilities, and overnight parking; and (8) An abortion facility. (b) (1) The poster shall read: "If you or someone you know is being forced to engage in any activity and cannot leave - whether it is commercial sex, housework, farm work, or any other activity - call the National Human Trafficking Hotline at 1-888-373 -7888 to access help and services. Victims of human trafficking are protected under United States and Arkansas state law. The Hotline is: * Available 24 hours a day, 7 days a week * Toll-free * Operated by a non-profit, non-governmental organization * Anonymous and confidential * Accessible in 170 languages * Able to provide help, referral to services, training, and general information". (2) The poster shall be printed in English, Spanish, and any other language mandated by the Voting Rights Act of 1965, 42 U.S.C. § 1973 , as it existed on January 1, 2013, in the county where the poster will be posted. (c) The poster shall be available on the websites of all of the following: (1) The Alcoholic Beverage Control Board where documents associated with obtaining a liquor license or alcoholic beverage license are customarily located; (2) The Department of Labor and Licensing; and (3) The Arkansas Department of Transportation. (d) (1) To obtain a copy of the poster required to be posted under this section, the owners or operators of an establishment required to post the notice under this section shall: (A) Print the poster from any of the internet websites in subsection (c) of this section; or (B) Request that the poster be mailed for the cost of printing and first-class postage. (2) The owner or operator shall post the sign in compliance with subsection (a) of this section. (e) (1) If the regulatory agency that licenses or permits an establishment under this section finds that the establishment has failed to post the information required under this section, the owner or operator shall receive: (A) For a first violation, a warning; and (B) For a second or subsequent violation, a fine not to exceed five hundred dollars ($500). (2) The violation of or noncompliance with this section, and each day's continuance thereof, shall constitute a separate and distinct violation. (f) The civil fines in subsection (e) of this section do not apply to establishments that are owned or operated by the State of Arkansas. Amended by Act 2021, No. 740,§ 1, eff. 7/28/2021. Amended by Act 2019, No. 910,§ 5404, eff. 7/1/2019. Amended by Act 2017, No. 707,§ 20, eff. 8/1/2017. Added by Act 2013, No. 1157,§ 5, eff. 8/16/2013.

(a) The following establishments shall post in a conspicuous place near the entrance of the establishment, or where posters and notices of this type customarily are posted, a poster described in subsection (b) of this section measuring at least eight and one-half inches by eleven inches (81/2" x 11") in size: (1) A hotel, motel, or other establishment that has been cited as a public nuisance for prostitution under § 20-27-401 ; (2) A strip club or other sexually oriented business; (3) A private club that has a liquor permit for on-premises consumption and does not hold itself out to be a food service establishment; (4) An airport; (5) A train station that serves passengers; (6) A bus station; (7) A privately owned and operated facility that provides food, fuel, shower or other sanitary facilities, and overnight parking; and (8) An abortion facility.

(1) A hotel, motel, or other establishment that has been cited as a public nuisance for prostitution under § 20-27-401 ;

(2) A strip club or other sexually oriented business;

(3) A private club that has a liquor permit for on-premises consumption and does not hold itself out to be a food service establishment;

(4) An airport;

(5) A train station that serves passengers;

(6) A bus station;

(7) A privately owned and operated facility that provides food, fuel, shower or other sanitary facilities, and overnight parking; and

(8) An abortion facility.

(b) (1) The poster shall read: "If you or someone you know is being forced to engage in any activity and cannot leave - whether it is commercial sex, housework, farm work, or any other activity - call the National Human Trafficking Hotline at 1-888-373 -7888 to access help and services. Victims of human trafficking are protected under United States and Arkansas state law. The Hotline is: * Available 24 hours a day, 7 days a week * Toll-free * Operated by a non-profit, non-governmental organization * Anonymous and confidential * Accessible in 170 languages * Able to provide help, referral to services, training, and general information". (2) The poster shall be printed in English, Spanish, and any other language mandated by the Voting Rights Act of 1965, 42 U.S.C. § 1973 , as it existed on January 1, 2013, in the county where the poster will be posted.

(1) The poster shall read: "If you or someone you know is being forced to engage in any activity and cannot leave - whether it is commercial sex, housework, farm work, or any other activity - call the National Human Trafficking Hotline at 1-888-373 -7888 to access help and services. Victims of human trafficking are protected under United States and Arkansas state law. The Hotline is: * Available 24 hours a day, 7 days a week * Toll-free * Operated by a non-profit, non-governmental organization * Anonymous and confidential * Accessible in 170 languages * Able to provide help, referral to services, training, and general information".

"If you or someone you know is being forced to engage in any activity and cannot leave - whether it is commercial sex, housework, farm work, or any other activity - call the National Human Trafficking Hotline at 1-888-373 -7888 to access help and services. Victims of human trafficking are protected under United States and Arkansas state law.

The Hotline is:

* Available 24 hours a day, 7 days a week

* Toll-free

* Operated by a non-profit, non-governmental organization

* Anonymous and confidential

* Accessible in 170 languages

* Able to provide help, referral to services, training, and general information".

(2) The poster shall be printed in English, Spanish, and any other language mandated by the Voting Rights Act of 1965, 42 U.S.C. § 1973 , as it existed on January 1, 2013, in the county where the poster will be posted.

(c) The poster shall be available on the websites of all of the following: (1) The Alcoholic Beverage Control Board where documents associated with obtaining a liquor license or alcoholic beverage license are customarily located; (2) The Department of Labor and Licensing; and (3) The Arkansas Department of Transportation.

(1) The Alcoholic Beverage Control Board where documents associated with obtaining a liquor license or alcoholic beverage license are customarily located;

(2) The Department of Labor and Licensing; and

(3) The Arkansas Department of Transportation.

(d) (1) To obtain a copy of the poster required to be posted under this section, the owners or operators of an establishment required to post the notice under this section shall: (A) Print the poster from any of the internet websites in subsection (c) of this section; or (B) Request that the poster be mailed for the cost of printing and first-class postage. (2) The owner or operator shall post the sign in compliance with subsection (a) of this section.

(1) To obtain a copy of the poster required to be posted under this section, the owners or operators of an establishment required to post the notice under this section shall: (A) Print the poster from any of the internet websites in subsection (c) of this section; or (B) Request that the poster be mailed for the cost of printing and first-class postage.

(A) Print the poster from any of the internet websites in subsection (c) of this section; or

(B) Request that the poster be mailed for the cost of printing and first-class postage.

(2) The owner or operator shall post the sign in compliance with subsection (a) of this section.

(e) (1) If the regulatory agency that licenses or permits an establishment under this section finds that the establishment has failed to post the information required under this section, the owner or operator shall receive: (A) For a first violation, a warning; and (B) For a second or subsequent violation, a fine not to exceed five hundred dollars ($500). (2) The violation of or noncompliance with this section, and each day's continuance thereof, shall constitute a separate and distinct violation.

(1) If the regulatory agency that licenses or permits an establishment under this section finds that the establishment has failed to post the information required under this section, the owner or operator shall receive: (A) For a first violation, a warning; and (B) For a second or subsequent violation, a fine not to exceed five hundred dollars ($500).

(A) For a first violation, a warning; and

(B) For a second or subsequent violation, a fine not to exceed five hundred dollars ($500).

(2) The violation of or noncompliance with this section, and each day's continuance thereof, shall constitute a separate and distinct violation.

(f) The civil fines in subsection (e) of this section do not apply to establishments that are owned or operated by the State of Arkansas.

Amended by Act 2021, No. 740,§ 1, eff. 7/28/2021.

Amended by Act 2019, No. 910,§ 5404, eff. 7/1/2019.

Amended by Act 2017, No. 707,§ 20, eff. 8/1/2017.

Added by Act 2013, No. 1157,§ 5, eff. 8/16/2013.
Ark. Code Ann. § 12-79-104 — AR Code / Title 12 / Chapter 79 / Section 12-79-104
HAZMAT incident or accident reporting system
Status: in_force

(a) The Director of the Division of Emergency Management shall: (1) In cooperation with the State Emergency Response Commission, establish a HAZMAT incident or accident reporting system within the State Emergency Operations Center for disseminating information to the appropriate agencies and emergency first responders for any release of a hazardous and toxic material that might present either an immediate or potential threat to the safety, health, and welfare of the public; and (2) Operate and maintain on a continuing basis emergency direction, control, and warning systems sufficient to meet the minimum requirements of this chapter. (b) The HAZMAT incident or accident reporting systems shall meet the minimum federal requirements specified in federal regulations and guidelines for hazardous and toxic materials emergency reporting and shall operate within the provisions established under the Arkansas Emergency Services Act of 1973, § 12-75-101 et seq., and the State of Arkansas Emergency Operations Plan to provide the most expeditious and practical means to notify state, local, and private sector entities assigned an emergency response or recovery role under this chapter. (c) Each agency, office, bureau, or commission of the State of Arkansas or its political subdivisions having a role or responsibility for HAZMAT planning, response, recovery, or mitigation, or providing public safety services or having regulatory or oversight authority shall establish guidelines and procedures to ensure prompt and accurate reporting of any accident, incident, or known or suspected release of toxic or hazardous materials within the State of Arkansas in violation of any state or federal environmental or health protective statutes, regulations, rules, or guidelines. Amended by Act 2019, No. 315,§ 973, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 5911, eff. 7/1/2019. Acts 1991, No. 917, § 4; 1999, No. 646, § 47.

(a) The Director of the Division of Emergency Management shall: (1) In cooperation with the State Emergency Response Commission, establish a HAZMAT incident or accident reporting system within the State Emergency Operations Center for disseminating information to the appropriate agencies and emergency first responders for any release of a hazardous and toxic material that might present either an immediate or potential threat to the safety, health, and welfare of the public; and (2) Operate and maintain on a continuing basis emergency direction, control, and warning systems sufficient to meet the minimum requirements of this chapter.

(1) In cooperation with the State Emergency Response Commission, establish a HAZMAT incident or accident reporting system within the State Emergency Operations Center for disseminating information to the appropriate agencies and emergency first responders for any release of a hazardous and toxic material that might present either an immediate or potential threat to the safety, health, and welfare of the public; and

(2) Operate and maintain on a continuing basis emergency direction, control, and warning systems sufficient to meet the minimum requirements of this chapter.

(b) The HAZMAT incident or accident reporting systems shall meet the minimum federal requirements specified in federal regulations and guidelines for hazardous and toxic materials emergency reporting and shall operate within the provisions established under the Arkansas Emergency Services Act of 1973, § 12-75-101 et seq., and the State of Arkansas Emergency Operations Plan to provide the most expeditious and practical means to notify state, local, and private sector entities assigned an emergency response or recovery role under this chapter.

(c) Each agency, office, bureau, or commission of the State of Arkansas or its political subdivisions having a role or responsibility for HAZMAT planning, response, recovery, or mitigation, or providing public safety services or having regulatory or oversight authority shall establish guidelines and procedures to ensure prompt and accurate reporting of any accident, incident, or known or suspected release of toxic or hazardous materials within the State of Arkansas in violation of any state or federal environmental or health protective statutes, regulations, rules, or guidelines.

Amended by Act 2019, No. 315,§ 973, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 5911, eff. 7/1/2019.

Acts 1991, No. 917, § 4; 1999, No. 646, § 47.
Ark. Code Ann. § 12-10-321 — AR Code / Title 12 / Chapter 10 / Subchapter 3 / Section 12-10-321
Public safety answering points - Bonds
Status: in_force

(a) The governing authority of the political subdivision shall have power to incur debt and issue bonds with approval from the Arkansas 911 Board for 911 systems and public safety answering point implementation and future major capital items. (b) The bonds shall be negotiable instruments and shall be solely the obligations of each political subdivision and not of the State of Arkansas. (c) The bonds and income thereof shall be exempt from all taxation in the State of Arkansas. (d) The bonds shall not be general obligations but shall be special obligations payable from all or a specified portion of the income revenues and receipts of the political subdivision and designated by the political subdivision to be dedicated for the local 911 system and public safety answering point. (e) (1) The bonds shall be authorized and issued by ordinance of the governing authority of each political subdivision. (2) The bonds shall: (A) Be of such series as the ordinance provides; (B) Mature on such date or dates not exceeding thirty (30) years from date of the bonds as the ordinance provides; (C) Bear interest at such rate or rates as the ordinance provides; (D) Be in such denominations as the ordinance provides; (E) Be in such form either coupon or fully registered without coupon as the ordinance provides; (F) Carry such registration and exchangeability privileges as the ordinance provides; (G) Be payable in such medium of payment and at such place or places within or without the state as the ordinance provides; (H) Be subject to such terms of redemption as the ordinance provides; (I) Be sold at public or private sale as the ordinance provides; and (J) Be entitled to such priorities on the income, revenues, and receipts generated by the emergency telephone service charge as the ordinance provides. (f) The ordinance may provide for the execution of a trust indenture or other agreement with a bank or trust company located within or without the state to set forth the undertakings of the political subdivision. (g) The ordinance or such agreement may include provisions for the custody and investment of the proceeds of the bonds and for the deposits and handling of income, revenues, and receipts for the purpose of payment and security of the bonds and for other purposes. (h) The Arkansas 911 Board may cooperate and contract with the Arkansas Development Finance Authority to provide for the payment of the principal of, premium if any, interest on, and trustee's and paying agent's fees in connection with bonds issued to finance the acquisition, construction, and operation of the next generation 911 infrastructure for the purposes of establishing a statewide ESINet as required by this subchapter with the review of the General Assembly. Amended by Act 2019, No. 660,§ 6, eff. 7/24/2019. Acts 1985, No. 683, § 5; A.S.A. 1947, § 73-1826.

(a) The governing authority of the political subdivision shall have power to incur debt and issue bonds with approval from the Arkansas 911 Board for 911 systems and public safety answering point implementation and future major capital items.

(b) The bonds shall be negotiable instruments and shall be solely the obligations of each political subdivision and not of the State of Arkansas.

(c) The bonds and income thereof shall be exempt from all taxation in the State of Arkansas.

(d) The bonds shall not be general obligations but shall be special obligations payable from all or a specified portion of the income revenues and receipts of the political subdivision and designated by the political subdivision to be dedicated for the local 911 system and public safety answering point.

(e) (1) The bonds shall be authorized and issued by ordinance of the governing authority of each political subdivision. (2) The bonds shall: (A) Be of such series as the ordinance provides; (B) Mature on such date or dates not exceeding thirty (30) years from date of the bonds as the ordinance provides; (C) Bear interest at such rate or rates as the ordinance provides; (D) Be in such denominations as the ordinance provides; (E) Be in such form either coupon or fully registered without coupon as the ordinance provides; (F) Carry such registration and exchangeability privileges as the ordinance provides; (G) Be payable in such medium of payment and at such place or places within or without the state as the ordinance provides; (H) Be subject to such terms of redemption as the ordinance provides; (I) Be sold at public or private sale as the ordinance provides; and (J) Be entitled to such priorities on the income, revenues, and receipts generated by the emergency telephone service charge as the ordinance provides.

(1) The bonds shall be authorized and issued by ordinance of the governing authority of each political subdivision.

(2) The bonds shall: (A) Be of such series as the ordinance provides; (B) Mature on such date or dates not exceeding thirty (30) years from date of the bonds as the ordinance provides; (C) Bear interest at such rate or rates as the ordinance provides; (D) Be in such denominations as the ordinance provides; (E) Be in such form either coupon or fully registered without coupon as the ordinance provides; (F) Carry such registration and exchangeability privileges as the ordinance provides; (G) Be payable in such medium of payment and at such place or places within or without the state as the ordinance provides; (H) Be subject to such terms of redemption as the ordinance provides; (I) Be sold at public or private sale as the ordinance provides; and (J) Be entitled to such priorities on the income, revenues, and receipts generated by the emergency telephone service charge as the ordinance provides.

(A) Be of such series as the ordinance provides;

(B) Mature on such date or dates not exceeding thirty (30) years from date of the bonds as the ordinance provides;

(C) Bear interest at such rate or rates as the ordinance provides;

(D) Be in such denominations as the ordinance provides;

(E) Be in such form either coupon or fully registered without coupon as the ordinance provides;

(F) Carry such registration and exchangeability privileges as the ordinance provides;

(G) Be payable in such medium of payment and at such place or places within or without the state as the ordinance provides;

(H) Be subject to such terms of redemption as the ordinance provides;

(I) Be sold at public or private sale as the ordinance provides; and

(J) Be entitled to such priorities on the income, revenues, and receipts generated by the emergency telephone service charge as the ordinance provides.

(f) The ordinance may provide for the execution of a trust indenture or other agreement with a bank or trust company located within or without the state to set forth the undertakings of the political subdivision.

(g) The ordinance or such agreement may include provisions for the custody and investment of the proceeds of the bonds and for the deposits and handling of income, revenues, and receipts for the purpose of payment and security of the bonds and for other purposes.

(h) The Arkansas 911 Board may cooperate and contract with the Arkansas Development Finance Authority to provide for the payment of the principal of, premium if any, interest on, and trustee's and paying agent's fees in connection with bonds issued to finance the acquisition, construction, and operation of the next generation 911 infrastructure for the purposes of establishing a statewide ESINet as required by this subchapter with the review of the General Assembly.

Amended by Act 2019, No. 660,§ 6, eff. 7/24/2019.

Acts 1985, No. 683, § 5; A.S.A. 1947, § 73-1826.
Ark. Code Ann. § 12-12-1202 — AR Code / Title 12 / Chapter 12 / Subchapter 12 / Section 12-12-1202
Information provided
Status: in_force

(a) A victim notification may be accomplished by means of the computerized victim notification system established under § 12-12-1201 if the notification is required under: (1) Section 12-29-114 , pertaining to escape; (2) Section 16-21-106 , pertaining to assistance to victims and witnesses of crimes; (3) Section 16-93-204 , pertaining to executive clemency; (4) Section 16-93-615 , pertaining to transfer hearings; (5) Section 16-93-702 , pertaining to parole; (6) Section 16-97-102 , pertaining to sentencing; or (7) Section 5-2-315 , pertaining to discharge or conditional release from a commitment by a court to the Arkansas State Hospital. (b) The computerized victim notification system established under § 12-12-1201 shall also include: (1) Information about an inmate's custody status in regard to furloughs, work release, and community correction programs, if applicable; (2) Information about a person who was committed to the Arkansas State Hospital due to his or her having a mental disease or defect under § 5-2-301 et seq. in regard to the status of the person being discharged or conditionally released under § 5-2-315 , including the location and name of the local or regional hospital, local or regional mental health facility, or local or regional jail in which the person is committed if the person is not being held at the Arkansas State Hospital; and (3) The location of information publicly available under § 12-27-145 . Amended by Act 2017, No. 429,§ 2, eff. 8/1/2017. Amended by Act 2015, No. 1265,§ 4, eff. 4/8/2015. Acts 1997, No. 1250, § 2; 2005, No. 1962, § 44; 2011, No. 570, § 72.

(a) A victim notification may be accomplished by means of the computerized victim notification system established under § 12-12-1201 if the notification is required under: (1) Section 12-29-114 , pertaining to escape; (2) Section 16-21-106 , pertaining to assistance to victims and witnesses of crimes; (3) Section 16-93-204 , pertaining to executive clemency; (4) Section 16-93-615 , pertaining to transfer hearings; (5) Section 16-93-702 , pertaining to parole; (6) Section 16-97-102 , pertaining to sentencing; or (7) Section 5-2-315 , pertaining to discharge or conditional release from a commitment by a court to the Arkansas State Hospital.

(1) Section 12-29-114 , pertaining to escape;

(2) Section 16-21-106 , pertaining to assistance to victims and witnesses of crimes;

(3) Section 16-93-204 , pertaining to executive clemency;

(4) Section 16-93-615 , pertaining to transfer hearings;

(5) Section 16-93-702 , pertaining to parole;

(6) Section 16-97-102 , pertaining to sentencing; or

(7) Section 5-2-315 , pertaining to discharge or conditional release from a commitment by a court to the Arkansas State Hospital.

(b) The computerized victim notification system established under § 12-12-1201 shall also include: (1) Information about an inmate's custody status in regard to furloughs, work release, and community correction programs, if applicable; (2) Information about a person who was committed to the Arkansas State Hospital due to his or her having a mental disease or defect under § 5-2-301 et seq. in regard to the status of the person being discharged or conditionally released under § 5-2-315 , including the location and name of the local or regional hospital, local or regional mental health facility, or local or regional jail in which the person is committed if the person is not being held at the Arkansas State Hospital; and (3) The location of information publicly available under § 12-27-145 .

(1) Information about an inmate's custody status in regard to furloughs, work release, and community correction programs, if applicable;

(2) Information about a person who was committed to the Arkansas State Hospital due to his or her having a mental disease or defect under § 5-2-301 et seq. in regard to the status of the person being discharged or conditionally released under § 5-2-315 , including the location and name of the local or regional hospital, local or regional mental health facility, or local or regional jail in which the person is committed if the person is not being held at the Arkansas State Hospital; and

(3) The location of information publicly available under § 12-27-145 .

Amended by Act 2017, No. 429,§ 2, eff. 8/1/2017.

Amended by Act 2015, No. 1265,§ 4, eff. 4/8/2015.

Acts 1997, No. 1250, § 2; 2005, No. 1962, § 44; 2011, No. 570, § 72.
Ark. Code Ann. § 12-15-201 — AR Code / Title 12 / Chapter 15 / Subchapter 2 / Section 12-15-201
Definitions
Status: in_force

As used in this subchapter: (1) "Auxiliary law enforcement officer" means a person certified by the Arkansas Commission on Law Enforcement Standards and Training and approved by the county sheriff or chief of police of a municipality where he or she is acting as an auxiliary law enforcement officer if the auxiliary law enforcement officer has completed the minimum training requirements and is certified as an auxiliary law enforcement officer in accordance with the commission; (2) "Certified law enforcement officer" means any appointed or elected law enforcement officer or county sheriff employed by a public law enforcement department, office, or agency who: (A) Is responsible for the prevention and detection of crime and the enforcement of the criminal, traffic, or highway laws of this state; and (B) Has met the selection and training requirements for certification set by the commission; (3) "Employee of a local detention facility" means a person who: (A) Is employed by a county sheriff or municipality that operates a local detention facility and whose job duties include: (i) Securing a local detention facility; (ii) Monitoring inmates in a local detention facility; or (iii) Administering the daily operation of the local detention facility; (B) Has completed the minimum training requirements; and (C) Has obtained authorization from the chief of police of the law enforcement agency or county sheriff and the authorization is: (i) In writing; (ii) In the possession of the employee of a local detention facility; and (iii) Produced upon demand at the request of any law enforcement officer or owner or operator of any of the prohibited places under § 5-73-306 ; (4) "In good standing" means that the person: (A) Was not terminated; (B) Did not resign in lieu of termination; or (C) Was not subject to a pending disciplinary action or criminal investigation at the time of his or her retirement or resignation from the public law enforcement department, office, or agency; (5) "Local detention facility" means a jail or other facility that is operated by a municipal police force or a county sheriff for the purpose of housing persons charged with or convicted of a criminal offense; and (6) "Public law enforcement department, office, or agency" means any public police department, county sheriff's office, or other public agency, force, or organization whose primary responsibility as established by law, statute, or ordinance is the enforcement of the criminal, traffic, or highway laws of this state. Amended by Act 2017, No. 957,§ 4, eff. 8/1/2017. Amended by Act 2013, No. 1220,§ 2, eff. 8/16/2013. Amended by Act 2013, No. 415,§ 2, eff. 8/16/2013. Acts 1995, No. 1332, § 2; 2007, No. 675, § 1.

As used in this subchapter:

(1) "Auxiliary law enforcement officer" means a person certified by the Arkansas Commission on Law Enforcement Standards and Training and approved by the county sheriff or chief of police of a municipality where he or she is acting as an auxiliary law enforcement officer if the auxiliary law enforcement officer has completed the minimum training requirements and is certified as an auxiliary law enforcement officer in accordance with the commission;

(2) "Certified law enforcement officer" means any appointed or elected law enforcement officer or county sheriff employed by a public law enforcement department, office, or agency who: (A) Is responsible for the prevention and detection of crime and the enforcement of the criminal, traffic, or highway laws of this state; and (B) Has met the selection and training requirements for certification set by the commission;

(A) Is responsible for the prevention and detection of crime and the enforcement of the criminal, traffic, or highway laws of this state; and

(B) Has met the selection and training requirements for certification set by the commission;

(3) "Employee of a local detention facility" means a person who: (A) Is employed by a county sheriff or municipality that operates a local detention facility and whose job duties include: (i) Securing a local detention facility; (ii) Monitoring inmates in a local detention facility; or (iii) Administering the daily operation of the local detention facility; (B) Has completed the minimum training requirements; and (C) Has obtained authorization from the chief of police of the law enforcement agency or county sheriff and the authorization is: (i) In writing; (ii) In the possession of the employee of a local detention facility; and (iii) Produced upon demand at the request of any law enforcement officer or owner or operator of any of the prohibited places under § 5-73-306 ;

(A) Is employed by a county sheriff or municipality that operates a local detention facility and whose job duties include: (i) Securing a local detention facility; (ii) Monitoring inmates in a local detention facility; or (iii) Administering the daily operation of the local detention facility;

(i) Securing a local detention facility;

(ii) Monitoring inmates in a local detention facility; or

(iii) Administering the daily operation of the local detention facility;

(B) Has completed the minimum training requirements; and

(C) Has obtained authorization from the chief of police of the law enforcement agency or county sheriff and the authorization is: (i) In writing; (ii) In the possession of the employee of a local detention facility; and (iii) Produced upon demand at the request of any law enforcement officer or owner or operator of any of the prohibited places under § 5-73-306 ;

(i) In writing;

(ii) In the possession of the employee of a local detention facility; and

(iii) Produced upon demand at the request of any law enforcement officer or owner or operator of any of the prohibited places under § 5-73-306 ;

(4) "In good standing" means that the person: (A) Was not terminated; (B) Did not resign in lieu of termination; or (C) Was not subject to a pending disciplinary action or criminal investigation at the time of his or her retirement or resignation from the public law enforcement department, office, or agency;

(A) Was not terminated;

(B) Did not resign in lieu of termination; or

(C) Was not subject to a pending disciplinary action or criminal investigation at the time of his or her retirement or resignation from the public law enforcement department, office, or agency;

(5) "Local detention facility" means a jail or other facility that is operated by a municipal police force or a county sheriff for the purpose of housing persons charged with or convicted of a criminal offense; and

(6) "Public law enforcement department, office, or agency" means any public police department, county sheriff's office, or other public agency, force, or organization whose primary responsibility as established by law, statute, or ordinance is the enforcement of the criminal, traffic, or highway laws of this state.

Amended by Act 2017, No. 957,§ 4, eff. 8/1/2017.

Amended by Act 2013, No. 1220,§ 2, eff. 8/16/2013.

Amended by Act 2013, No. 415,§ 2, eff. 8/16/2013.

Acts 1995, No. 1332, § 2; 2007, No. 675, § 1.
Ark. Code Ann. § 12-9-501 — AR Code / Title 12 / Chapter 9 / Subchapter 5 / Section 12-9-501
Legislative determination
Status: in_force

(a) The Criminal Justice Institute, an educational entity, was created for the purpose of providing management education and training, technical assistance, practical research and evaluation, a clearinghouse, and computer and forensic education and training for Arkansas law enforcement and national law enforcement. (b) The initiatives developed by the Criminal Justice Institute are applicable on a national level, and this application for conceptualization and practice will be through the National Center for Rural Law Enforcement. (c) (1) The General Assembly recognizes the importance of providing management, education, and training to law enforcement and, through the initiatives developed by the Criminal Justice Institute, the citizens of the State of Arkansas will be better served. (2) These initiatives further the enhancement of the workforce through the developmental process of continuing education by which skills are upgraded and capabilities increased. (3) This process will assist law enforcement ability to adapt to an ever-changing environment. (d) (1) The General Assembly further recognizes that: (A) Law enforcement plays a significant role in preventing and responding to acts of violence, terrorism, and natural disasters that occur on public school campuses; and (B) Matters of public school campus safety require specialized education and training for law enforcement officers, school resource officers, and other school personnel who respond to incidents on school campuses: (i) To develop and maintain strong partnerships between school personnel and law enforcement in preventing and responding to acts of violence, terrorism, and natural disaster that occur on public school campuses; and (ii) For law enforcement officers to operate effectively in a school setting. (2) Initiatives of the Criminal Justice Institute for specialized education and training on public school campus safety will enhance citizen cooperation and understanding of law enforcement in these areas and other issues of crime and violence against school children. Amended by Act 2013, No. 484,§ 4, eff. 8/16/2013. Acts 1993, No. 1111, § 1; 1997, No. 1035, § 1. See Act 2013, No. 484, § 5.

(a) The Criminal Justice Institute, an educational entity, was created for the purpose of providing management education and training, technical assistance, practical research and evaluation, a clearinghouse, and computer and forensic education and training for Arkansas law enforcement and national law enforcement.

(b) The initiatives developed by the Criminal Justice Institute are applicable on a national level, and this application for conceptualization and practice will be through the National Center for Rural Law Enforcement.

(c) (1) The General Assembly recognizes the importance of providing management, education, and training to law enforcement and, through the initiatives developed by the Criminal Justice Institute, the citizens of the State of Arkansas will be better served. (2) These initiatives further the enhancement of the workforce through the developmental process of continuing education by which skills are upgraded and capabilities increased. (3) This process will assist law enforcement ability to adapt to an ever-changing environment.

(1) The General Assembly recognizes the importance of providing management, education, and training to law enforcement and, through the initiatives developed by the Criminal Justice Institute, the citizens of the State of Arkansas will be better served.

(2) These initiatives further the enhancement of the workforce through the developmental process of continuing education by which skills are upgraded and capabilities increased.

(3) This process will assist law enforcement ability to adapt to an ever-changing environment.

(d) (1) The General Assembly further recognizes that: (A) Law enforcement plays a significant role in preventing and responding to acts of violence, terrorism, and natural disasters that occur on public school campuses; and (B) Matters of public school campus safety require specialized education and training for law enforcement officers, school resource officers, and other school personnel who respond to incidents on school campuses: (i) To develop and maintain strong partnerships between school personnel and law enforcement in preventing and responding to acts of violence, terrorism, and natural disaster that occur on public school campuses; and (ii) For law enforcement officers to operate effectively in a school setting. (2) Initiatives of the Criminal Justice Institute for specialized education and training on public school campus safety will enhance citizen cooperation and understanding of law enforcement in these areas and other issues of crime and violence against school children.

(1) The General Assembly further recognizes that: (A) Law enforcement plays a significant role in preventing and responding to acts of violence, terrorism, and natural disasters that occur on public school campuses; and (B) Matters of public school campus safety require specialized education and training for law enforcement officers, school resource officers, and other school personnel who respond to incidents on school campuses: (i) To develop and maintain strong partnerships between school personnel and law enforcement in preventing and responding to acts of violence, terrorism, and natural disaster that occur on public school campuses; and (ii) For law enforcement officers to operate effectively in a school setting.

(A) Law enforcement plays a significant role in preventing and responding to acts of violence, terrorism, and natural disasters that occur on public school campuses; and

(B) Matters of public school campus safety require specialized education and training for law enforcement officers, school resource officers, and other school personnel who respond to incidents on school campuses: (i) To develop and maintain strong partnerships between school personnel and law enforcement in preventing and responding to acts of violence, terrorism, and natural disaster that occur on public school campuses; and (ii) For law enforcement officers to operate effectively in a school setting.

(i) To develop and maintain strong partnerships between school personnel and law enforcement in preventing and responding to acts of violence, terrorism, and natural disaster that occur on public school campuses; and

(ii) For law enforcement officers to operate effectively in a school setting.

(2) Initiatives of the Criminal Justice Institute for specialized education and training on public school campus safety will enhance citizen cooperation and understanding of law enforcement in these areas and other issues of crime and violence against school children.

Amended by Act 2013, No. 484,§ 4, eff. 8/16/2013.

Acts 1993, No. 1111, § 1; 1997, No. 1035, § 1.

See Act 2013, No. 484, § 5.