Ark. Code Ann. § 12-80-102 — AR Code / Title 12 / Chapter 80 / Section 12-80-102
Definitions
Status: in_force

As used in this chapter: (1) "Add to" means adding to the original existing buildings or structures more than four thousand square feet (4,000 sq. ft.) in gross floor area and all areas of increased building height; (2) "Alter", "retrofit", and "remodel" mean any alteration or repair of a building which when completed will increase the market value of the building by one hundred percent (100%) or more; (3) "Owner" means any agency of the state, county, city, township, town, village, or private entity, partnership, business, or corporation; (4) (A) "Public structure" means any building intended, or adaptable, for public employment, assembly, or any other use if it will be open to the public. (B) Also included in this definition are certain building types as defined under the term "public works" projects; (5) (A) "Public works" means works, whether of construction or adaptation, undertaken and carried out by the national, state, county, school district, or municipal authorities, and designed to serve some purpose of public necessity, use, or convenience such as public buildings, roads, aqueducts, parks, and all other fixed works constructed for public use. (B) The term relates to the construction of public improvements and not to their maintenance or operation; (6) "Seal" means the Arkansas seal issued to signify certification of registration to practice architecture or engineering; (7) "Seismic" means pertaining to an earthquake or earth tremor, i.e., vibrations; and (8) "Structural elements" means all structural load-carrying members of a building or structure required to transmit loads, i.e., forces within the building or between the building and the ground. Acts 1991, No. 1100, § 2; 1999, No. 1485, § 1.

As used in this chapter:

(1) "Add to" means adding to the original existing buildings or structures more than four thousand square feet (4,000 sq. ft.) in gross floor area and all areas of increased building height;

(2) "Alter", "retrofit", and "remodel" mean any alteration or repair of a building which when completed will increase the market value of the building by one hundred percent (100%) or more;

(3) "Owner" means any agency of the state, county, city, township, town, village, or private entity, partnership, business, or corporation;

(4) (A) "Public structure" means any building intended, or adaptable, for public employment, assembly, or any other use if it will be open to the public. (B) Also included in this definition are certain building types as defined under the term "public works" projects;

(A) "Public structure" means any building intended, or adaptable, for public employment, assembly, or any other use if it will be open to the public.

(B) Also included in this definition are certain building types as defined under the term "public works" projects;

(5) (A) "Public works" means works, whether of construction or adaptation, undertaken and carried out by the national, state, county, school district, or municipal authorities, and designed to serve some purpose of public necessity, use, or convenience such as public buildings, roads, aqueducts, parks, and all other fixed works constructed for public use. (B) The term relates to the construction of public improvements and not to their maintenance or operation;

(A) "Public works" means works, whether of construction or adaptation, undertaken and carried out by the national, state, county, school district, or municipal authorities, and designed to serve some purpose of public necessity, use, or convenience such as public buildings, roads, aqueducts, parks, and all other fixed works constructed for public use.

(B) The term relates to the construction of public improvements and not to their maintenance or operation;

(6) "Seal" means the Arkansas seal issued to signify certification of registration to practice architecture or engineering;

(7) "Seismic" means pertaining to an earthquake or earth tremor, i.e., vibrations; and

(8) "Structural elements" means all structural load-carrying members of a building or structure required to transmit loads, i.e., forces within the building or between the building and the ground.

Acts 1991, No. 1100, § 2; 1999, No. 1485, § 1.
Ark. Code Ann. § 12-64-102 — AR Code / Title 12 / Chapter 64 / Subchapter 1 / Section 12-64-102
Jurisdiction to try certain personnel
Status: in_force

(a) Jurisdiction of courts-martial shall be coextensive with the jurisdiction provided for similar courts of the United States Army and United States Air Force while accounting for the differences in the types of duty status of members of the organized militia. (b) (1) A person discharged from the organized militia who is later charged with having fraudulently obtained his or her discharge is subject to trial by court-martial under this code. (2) A person convicted under subdivision (b)(1) of this section is subject to trial by court-martial for all offenses under this code committed before the fraudulent discharge. (c) No person who has deserted from the organized militia may be relieved from amenability to the jurisdiction of this code by virtue of a separation from any later period of service. Amended by Act 2019, No. 211,§ 4, eff. 2/26/2019. Amended by Act 2015, No. 1003,§ 4, eff. 7/22/2015. Acts 1969, No. 50, § 48; A.S.A. 1947, § 11-603.

(a) Jurisdiction of courts-martial shall be coextensive with the jurisdiction provided for similar courts of the United States Army and United States Air Force while accounting for the differences in the types of duty status of members of the organized militia.

(b) (1) A person discharged from the organized militia who is later charged with having fraudulently obtained his or her discharge is subject to trial by court-martial under this code. (2) A person convicted under subdivision (b)(1) of this section is subject to trial by court-martial for all offenses under this code committed before the fraudulent discharge.

(1) A person discharged from the organized militia who is later charged with having fraudulently obtained his or her discharge is subject to trial by court-martial under this code.

(2) A person convicted under subdivision (b)(1) of this section is subject to trial by court-martial for all offenses under this code committed before the fraudulent discharge.

(c) No person who has deserted from the organized militia may be relieved from amenability to the jurisdiction of this code by virtue of a separation from any later period of service.

Amended by Act 2019, No. 211,§ 4, eff. 2/26/2019.

Amended by Act 2015, No. 1003,§ 4, eff. 7/22/2015.

Acts 1969, No. 50, § 48; A.S.A. 1947, § 11-603.
Ark. Code Ann. § 12-12-905 — AR Code / Title 12 / Chapter 12 / Subchapter 9 / Section 12-12-905
Applicability
Status: in_force

(a) The registration or registration verification requirements of this subchapter apply to a person who: (1) Is adjudicated guilty on or after August 1, 1997, of a sex offense, aggravated sex offense, or sexually violent offense; (2) Is serving a sentence of incarceration, probation, parole, post-release supervision, or other form of community supervision as a result of an adjudication of guilt on or after August 1, 1997, for a sex offense, aggravated sex offense, or sexually violent offense; (3) Is acquitted on or after August 1, 1997, on the grounds of mental disease or defect for a sex offense, aggravated sex offense, or sexually violent offense; (4) Is serving a commitment as a result of an acquittal on or after August 1, 1997, on the grounds of mental disease or defect for a sex offense, aggravated sex offense, or sexually violent offense; or (5) Was required to be registered under the Habitual Child Sex Offender Registration Act, former § 12-12-901 et seq. (b) A person who has been adjudicated guilty of a sex offense and whose record of conviction will be expunged under the provisions of §§ 16-93-301 - 16-93-303 is not relieved of the duty to register or verify registration. (c) (1) If the underlying conviction of the registrant is reversed, vacated, or set aside or if the registrant is pardoned, the registrant is relieved from the duty to register or verify registration. (2) Registration or registration verification shall cease upon the receipt and verification by the Arkansas Crime Information Center of documentation from the: (A) Court verifying the fact that the conviction has been reversed, vacated, or set aside; or (B) Governor's office that the Governor has pardoned the registrant. Amended by Act 2023, No. 659,§ 59, eff. 1/1/2024. Acts 1997, No. 989, § 4; 1999, No. 1353, § 3; 2001, No. 1743, § 4; 2003, No. 1265, § 2; 2006 (1st Ex. Sess.), No. 4, § 2; 2007, No. 394, § 4.

(a) The registration or registration verification requirements of this subchapter apply to a person who: (1) Is adjudicated guilty on or after August 1, 1997, of a sex offense, aggravated sex offense, or sexually violent offense; (2) Is serving a sentence of incarceration, probation, parole, post-release supervision, or other form of community supervision as a result of an adjudication of guilt on or after August 1, 1997, for a sex offense, aggravated sex offense, or sexually violent offense; (3) Is acquitted on or after August 1, 1997, on the grounds of mental disease or defect for a sex offense, aggravated sex offense, or sexually violent offense; (4) Is serving a commitment as a result of an acquittal on or after August 1, 1997, on the grounds of mental disease or defect for a sex offense, aggravated sex offense, or sexually violent offense; or (5) Was required to be registered under the Habitual Child Sex Offender Registration Act, former § 12-12-901 et seq.

(1) Is adjudicated guilty on or after August 1, 1997, of a sex offense, aggravated sex offense, or sexually violent offense;

(2) Is serving a sentence of incarceration, probation, parole, post-release supervision, or other form of community supervision as a result of an adjudication of guilt on or after August 1, 1997, for a sex offense, aggravated sex offense, or sexually violent offense;

(3) Is acquitted on or after August 1, 1997, on the grounds of mental disease or defect for a sex offense, aggravated sex offense, or sexually violent offense;

(4) Is serving a commitment as a result of an acquittal on or after August 1, 1997, on the grounds of mental disease or defect for a sex offense, aggravated sex offense, or sexually violent offense; or

(5) Was required to be registered under the Habitual Child Sex Offender Registration Act, former § 12-12-901 et seq.

(b) A person who has been adjudicated guilty of a sex offense and whose record of conviction will be expunged under the provisions of §§ 16-93-301 - 16-93-303 is not relieved of the duty to register or verify registration.

(c) (1) If the underlying conviction of the registrant is reversed, vacated, or set aside or if the registrant is pardoned, the registrant is relieved from the duty to register or verify registration. (2) Registration or registration verification shall cease upon the receipt and verification by the Arkansas Crime Information Center of documentation from the: (A) Court verifying the fact that the conviction has been reversed, vacated, or set aside; or (B) Governor's office that the Governor has pardoned the registrant.

(1) If the underlying conviction of the registrant is reversed, vacated, or set aside or if the registrant is pardoned, the registrant is relieved from the duty to register or verify registration.

(2) Registration or registration verification shall cease upon the receipt and verification by the Arkansas Crime Information Center of documentation from the: (A) Court verifying the fact that the conviction has been reversed, vacated, or set aside; or (B) Governor's office that the Governor has pardoned the registrant.

(A) Court verifying the fact that the conviction has been reversed, vacated, or set aside; or

(B) Governor's office that the Governor has pardoned the registrant.

Amended by Act 2023, No. 659,§ 59, eff. 1/1/2024.

Acts 1997, No. 989, § 4; 1999, No. 1353, § 3; 2001, No. 1743, § 4; 2003, No. 1265, § 2; 2006 (1st Ex. Sess.), No. 4, § 2; 2007, No. 394, § 4.
Ark. Code Ann. § 12-63-207 — AR Code / Title 12 / Chapter 63 / Subchapter 2 / Section 12-63-207
Motor vehicle rules generally
Status: in_force

(a) The Adjutant General is authorized and empowered to promulgate rules, and to amend or change them from time to time as he or she shall deem necessary, providing for the operation and parking of motor vehicles upon the grounds, streets, drives, and alleys on a military reservation, including, but not limited to, the following: (1) Limiting the rate of speed; (2) Assigning parking spaces and designating parking areas and their use or uses; (3) Prohibiting parking as he or she deems necessary; (4) Removing motor vehicles parked in violation of the rules at the expense of the violator who shall pay the expense before the motor vehicle is released; (5) Instituting a system of motor vehicle registration for the identification and regulation of motor vehicles regularly using the military reservation premises; and (6) Instituting a process for administrative adjudication for the violation of a military reservation rule promulgated under this section on a military reservation, which shall include the determination of: (A) A reasonable civil penalty; (B) The enforcement process for the collection of the civil penalty; and (C) A reasonable sanction for noncompliance. (b) Rules, together with any amendments thereto, which may from time to time be adopted by the Adjutant General for the regulation of operation and parking of motor vehicles shall be filed with the Secretary of State and shall be printed with copies thereof available at convenient locations at the military reservation or at any separate portion thereof. (c) Speed limits shall be posted at reasonable intervals, and traffic and parking directions and prohibitions shall be indicated by signs. (d) From and after the promulgation of the rules provided for in this section, it shall be unlawful for any person to operate or to park a motor vehicle in violation thereof. Amended by Act 2019, No. 315,§ 940, eff. 7/24/2019. Amended by Act 2015, No. 682,§ 1, eff. 3/24/2015. Acts 1979, No. 895, §§ 4, 5; 1983, No. 852, §§ 4, 5; A.S.A. 1947, §§ 11-1815, 11-1816.

(a) The Adjutant General is authorized and empowered to promulgate rules, and to amend or change them from time to time as he or she shall deem necessary, providing for the operation and parking of motor vehicles upon the grounds, streets, drives, and alleys on a military reservation, including, but not limited to, the following: (1) Limiting the rate of speed; (2) Assigning parking spaces and designating parking areas and their use or uses; (3) Prohibiting parking as he or she deems necessary; (4) Removing motor vehicles parked in violation of the rules at the expense of the violator who shall pay the expense before the motor vehicle is released; (5) Instituting a system of motor vehicle registration for the identification and regulation of motor vehicles regularly using the military reservation premises; and (6) Instituting a process for administrative adjudication for the violation of a military reservation rule promulgated under this section on a military reservation, which shall include the determination of: (A) A reasonable civil penalty; (B) The enforcement process for the collection of the civil penalty; and (C) A reasonable sanction for noncompliance.

(1) Limiting the rate of speed;

(2) Assigning parking spaces and designating parking areas and their use or uses;

(3) Prohibiting parking as he or she deems necessary;

(4) Removing motor vehicles parked in violation of the rules at the expense of the violator who shall pay the expense before the motor vehicle is released;

(5) Instituting a system of motor vehicle registration for the identification and regulation of motor vehicles regularly using the military reservation premises; and

(6) Instituting a process for administrative adjudication for the violation of a military reservation rule promulgated under this section on a military reservation, which shall include the determination of: (A) A reasonable civil penalty; (B) The enforcement process for the collection of the civil penalty; and (C) A reasonable sanction for noncompliance.

(A) A reasonable civil penalty;

(B) The enforcement process for the collection of the civil penalty; and

(C) A reasonable sanction for noncompliance.

(b) Rules, together with any amendments thereto, which may from time to time be adopted by the Adjutant General for the regulation of operation and parking of motor vehicles shall be filed with the Secretary of State and shall be printed with copies thereof available at convenient locations at the military reservation or at any separate portion thereof.

(c) Speed limits shall be posted at reasonable intervals, and traffic and parking directions and prohibitions shall be indicated by signs.

(d) From and after the promulgation of the rules provided for in this section, it shall be unlawful for any person to operate or to park a motor vehicle in violation thereof.

Amended by Act 2019, No. 315,§ 940, eff. 7/24/2019.

Amended by Act 2015, No. 682,§ 1, eff. 3/24/2015.

Acts 1979, No. 895, §§ 4, 5; 1983, No. 852, §§ 4, 5; A.S.A. 1947, §§ 11-1815, 11-1816.
Ark. Code Ann. § 12-27-107 — AR Code / Title 12 / Chapter 27 / Subchapter 1 / Section 12-27-107
Director of the Division of Correction
Status: in_force

(a) The Director of the Division of Correction shall be appointed by the Board of Corrections in consultation with the Secretary of the Department of Corrections at a salary fixed by the Board of Corrections which shall not exceed the maximum salary for the position established by law. (b) The director shall be qualified for the position by character, ability, education, training, and successful administrative experience in correctional or related fields. (c) The director shall serve at the pleasure of the Secretary of the Department of Corrections. (d) Subject to the rules, policies, and procedures prescribed by the Board of Corrections, the director shall: (1) Administer the Division of Correction and supervise the administration of all institutions, facilities, and services under the jurisdiction of the Division of Correction; (2) Employ such personnel as are required in the administration of the provisions of this act, provided that the employment of personnel shall be in accordance with the applicable laws and personnel rules of the state; (3) Institute programs for the training and development of personnel within the Division of Correction and have authority to suspend, discharge, or otherwise discipline personnel in accordance with policies prescribed by the Board of Corrections; (4) Make an annual report to the Board of Corrections, which will be forwarded to the Governor and the General Assembly, on the work of the Division of Correction, including statistics and other data, income derived by the Division of Correction from agriculture, livestock, and other farming activities and from prison inmates' activities, a summary of expenditures of the Division of Correction, and progress reports regarding internal issues such as inmate discipline, utilization of programming, facilities and bed space utilization, upkeep issues, and construction needs; (5) Cooperate with the Division of Community Correction, the Post-Prison Transfer Board, the Arkansas Sentencing Commission, judicial districts, counties, and municipalities to provide the guidance and services required to ensure a full range of correctional options for the state as a whole; and (6) (A) Designate those employees of the Division of Correction who shall have the powers of peace officers in the enforcement of criminal laws to the extent they apply to employees, inmates, and persons on Division of Correction property, while participating in the search and capture of an inmate who has escaped custody, or while assisting law enforcement officers in the search and capture of any fugitive or escapee from another jurisdiction. (B) The employees so designated have the authority to use blue rotating or flashing emergency lights on Division of Correction vehicles and exercise other law enforcement powers exercised by police and other law enforcement personnel. Amended by Act 2023, No. 659,§ 80, eff. 1/1/2024. Amended by Act 2023, No. 659,§ 79, eff. 1/1/2024. Amended by Act 2023, No. 659,§ 78, eff. 1/1/2024. Amended by Act 2019, No. 315,§ 883, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 739, eff. 7/1/2019. Acts 1968 (1st Ex. Sess.), No. 50, §§ 4, 5; 1975, No. 733, § 1; A.S.A. 1947, §§ 46-104, 46-105; Acts 1993, No. 549, § 5; 1997, No. 943, § 1; 2003, No. 351, § 1.

(a) The Director of the Division of Correction shall be appointed by the Board of Corrections in consultation with the Secretary of the Department of Corrections at a salary fixed by the Board of Corrections which shall not exceed the maximum salary for the position established by law.

(b) The director shall be qualified for the position by character, ability, education, training, and successful administrative experience in correctional or related fields.

(c) The director shall serve at the pleasure of the Secretary of the Department of Corrections.

(d) Subject to the rules, policies, and procedures prescribed by the Board of Corrections, the director shall: (1) Administer the Division of Correction and supervise the administration of all institutions, facilities, and services under the jurisdiction of the Division of Correction; (2) Employ such personnel as are required in the administration of the provisions of this act, provided that the employment of personnel shall be in accordance with the applicable laws and personnel rules of the state; (3) Institute programs for the training and development of personnel within the Division of Correction and have authority to suspend, discharge, or otherwise discipline personnel in accordance with policies prescribed by the Board of Corrections; (4) Make an annual report to the Board of Corrections, which will be forwarded to the Governor and the General Assembly, on the work of the Division of Correction, including statistics and other data, income derived by the Division of Correction from agriculture, livestock, and other farming activities and from prison inmates' activities, a summary of expenditures of the Division of Correction, and progress reports regarding internal issues such as inmate discipline, utilization of programming, facilities and bed space utilization, upkeep issues, and construction needs; (5) Cooperate with the Division of Community Correction, the Post-Prison Transfer Board, the Arkansas Sentencing Commission, judicial districts, counties, and municipalities to provide the guidance and services required to ensure a full range of correctional options for the state as a whole; and (6) (A) Designate those employees of the Division of Correction who shall have the powers of peace officers in the enforcement of criminal laws to the extent they apply to employees, inmates, and persons on Division of Correction property, while participating in the search and capture of an inmate who has escaped custody, or while assisting law enforcement officers in the search and capture of any fugitive or escapee from another jurisdiction. (B) The employees so designated have the authority to use blue rotating or flashing emergency lights on Division of Correction vehicles and exercise other law enforcement powers exercised by police and other law enforcement personnel.

(1) Administer the Division of Correction and supervise the administration of all institutions, facilities, and services under the jurisdiction of the Division of Correction;

(2) Employ such personnel as are required in the administration of the provisions of this act, provided that the employment of personnel shall be in accordance with the applicable laws and personnel rules of the state;

(3) Institute programs for the training and development of personnel within the Division of Correction and have authority to suspend, discharge, or otherwise discipline personnel in accordance with policies prescribed by the Board of Corrections;

(4) Make an annual report to the Board of Corrections, which will be forwarded to the Governor and the General Assembly, on the work of the Division of Correction, including statistics and other data, income derived by the Division of Correction from agriculture, livestock, and other farming activities and from prison inmates' activities, a summary of expenditures of the Division of Correction, and progress reports regarding internal issues such as inmate discipline, utilization of programming, facilities and bed space utilization, upkeep issues, and construction needs;

(5) Cooperate with the Division of Community Correction, the Post-Prison Transfer Board, the Arkansas Sentencing Commission, judicial districts, counties, and municipalities to provide the guidance and services required to ensure a full range of correctional options for the state as a whole; and

(6) (A) Designate those employees of the Division of Correction who shall have the powers of peace officers in the enforcement of criminal laws to the extent they apply to employees, inmates, and persons on Division of Correction property, while participating in the search and capture of an inmate who has escaped custody, or while assisting law enforcement officers in the search and capture of any fugitive or escapee from another jurisdiction. (B) The employees so designated have the authority to use blue rotating or flashing emergency lights on Division of Correction vehicles and exercise other law enforcement powers exercised by police and other law enforcement personnel.

(A) Designate those employees of the Division of Correction who shall have the powers of peace officers in the enforcement of criminal laws to the extent they apply to employees, inmates, and persons on Division of Correction property, while participating in the search and capture of an inmate who has escaped custody, or while assisting law enforcement officers in the search and capture of any fugitive or escapee from another jurisdiction.

(B) The employees so designated have the authority to use blue rotating or flashing emergency lights on Division of Correction vehicles and exercise other law enforcement powers exercised by police and other law enforcement personnel.

Amended by Act 2023, No. 659,§ 80, eff. 1/1/2024.

Amended by Act 2023, No. 659,§ 79, eff. 1/1/2024.

Amended by Act 2023, No. 659,§ 78, eff. 1/1/2024.

Amended by Act 2019, No. 315,§ 883, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 739, eff. 7/1/2019.

Acts 1968 (1st Ex. Sess.), No. 50, §§ 4, 5; 1975, No. 733, § 1; A.S.A. 1947, §§ 46-104, 46-105; Acts 1993, No. 549, § 5; 1997, No. 943, § 1; 2003, No. 351, § 1.
Ark. Code Ann. § 12-10-306 — AR Code / Title 12 / Chapter 10 / Subchapter 3 / Section 12-10-306
Communications personnel
Status: in_force

The staff and supervisors of a public safety answering point or dispatch center shall be: (1) (A) Paid employees, either sworn officers or civilians, of the operating agency designated by the chief executive of the political subdivisions. (B) Personnel other than law enforcement or fire officers shall be considered public safety officers for the purposes of public safety communications or engaging by contract with the operating agency; (2) Required to submit to criminal background checks for security clearances before accessing files available through the Arkansas Crime Information Center if the public safety answering point or dispatch center is charged with information service functions for criminal justice agencies of the political subdivision; (3) Trained in operation of 911 system equipment and other training as necessary to operate a public safety answering point or dispatch center, or both; (4) Subject to the authority of the affiliated agency and the chief executive of the political subdivision through the public safety answering point or dispatch center; and (5) (A) Required to immediately release without the consent or approval of any supervisor or other entity any information in their custody or control to a prosecuting attorney if requested by a subpoena issued by a prosecutor, grand jury, or any court for use in the prosecution or the investigation of any criminal or suspected criminal activity. (B) The staff or supervisor of a public safety answering point or dispatch center, or both, an operating agency, and the service supplier are not liable in any civil action as a result of complying with a subpoena as required in subdivision (5)(A) of this section. Amended by Act 2019, No. 660,§ 3, eff. 7/24/2019. Acts 1985, No. 683, § 8; A.S.A. 1947, § 73-1829; Acts 2007, No. 651, § 1; 2009, No. 165, § 1.

The staff and supervisors of a public safety answering point or dispatch center shall be:

(1) (A) Paid employees, either sworn officers or civilians, of the operating agency designated by the chief executive of the political subdivisions. (B) Personnel other than law enforcement or fire officers shall be considered public safety officers for the purposes of public safety communications or engaging by contract with the operating agency;

(A) Paid employees, either sworn officers or civilians, of the operating agency designated by the chief executive of the political subdivisions.

(B) Personnel other than law enforcement or fire officers shall be considered public safety officers for the purposes of public safety communications or engaging by contract with the operating agency;

(2) Required to submit to criminal background checks for security clearances before accessing files available through the Arkansas Crime Information Center if the public safety answering point or dispatch center is charged with information service functions for criminal justice agencies of the political subdivision;

(3) Trained in operation of 911 system equipment and other training as necessary to operate a public safety answering point or dispatch center, or both;

(4) Subject to the authority of the affiliated agency and the chief executive of the political subdivision through the public safety answering point or dispatch center; and

(5) (A) Required to immediately release without the consent or approval of any supervisor or other entity any information in their custody or control to a prosecuting attorney if requested by a subpoena issued by a prosecutor, grand jury, or any court for use in the prosecution or the investigation of any criminal or suspected criminal activity. (B) The staff or supervisor of a public safety answering point or dispatch center, or both, an operating agency, and the service supplier are not liable in any civil action as a result of complying with a subpoena as required in subdivision (5)(A) of this section.

(A) Required to immediately release without the consent or approval of any supervisor or other entity any information in their custody or control to a prosecuting attorney if requested by a subpoena issued by a prosecutor, grand jury, or any court for use in the prosecution or the investigation of any criminal or suspected criminal activity.

(B) The staff or supervisor of a public safety answering point or dispatch center, or both, an operating agency, and the service supplier are not liable in any civil action as a result of complying with a subpoena as required in subdivision (5)(A) of this section.

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

Acts 1985, No. 683, § 8; A.S.A. 1947, § 73-1829; Acts 2007, No. 651, § 1; 2009, No. 165, § 1.
Ark. Code Ann. § 12-75-116 — AR Code / Title 12 / Chapter 75 / Subchapter 1 / Section 12-75-116
State and local governmental entities - Liaison officers
Status: in_force

(a) (1) It is the policy of this chapter that each department, commission, agency, or institution of state and local government actively and aggressively support the state offices of emergency management and local offices of emergency management to the end of providing the best possible preparation for response to or recovery from any emergency situation that may occur. (2) In furtherance of the policy described in subdivision (a)(1) of this section, the head of each state department, commission, agency, or institution with an emergency management role or responsibility shall appoint a member or members of his or her staff as agency emergency management liaison officer or officers to act on his or her behalf in ensuring the agency's capability to fulfill its role in emergency management activities and shall ensure that the Division of Emergency Management is notified of any change in the appointment. (b) The agency emergency management liaison officer shall: (1) Maintain close and continuous liaison with the division, as applicable; (2) Prepare agency annexes to the state and, as applicable, local emergency operations plans which are compatible with this chapter and with guidance provided by the division; (3) Report to the State Emergency Operations Center as required for any disaster training or exercises or emergency training or exercises; (4) Maintain files of agency resources to include personnel, facilities, and equipment available for disaster operation; (5) Ensure that the agency can respond promptly and cooperatively with other agencies in any disaster or major emergency situation under the overall management of the division; (6) Advise, assist, and evaluate the capabilities of counterpart local or federal government agencies in preparing for and carrying out disaster operations; (7) Designate personnel available for assignment to mobile support units and train such personnel in the tasks to be performed; and (8) Perform other related functions necessary to carry out the purpose of this chapter. (c) As conditions or situations may require or dictate, the Director of the Division of Emergency Management may request a state department, agency, or institution not currently participating in the emergency management liaison officer program to appoint an officer in accordance with this section. (d) Nothing in subsections (a)-(c) of this section shall be interpreted as relieving or otherwise abridging the responsibility and authority of agency directors in carrying out disaster operations for which their agencies are solely responsible. Amended by Act 2019, No. 910,§ 5888, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 5887, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 5886, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 5885, eff. 7/1/2019. Acts 1973, No. 511, § 7; 1985, No. 687, § 5; 1985, No. 978, § 5; A.S.A. 1947, § 11-1940; Acts 1993, No. 1049, § 4; 1999, No. 646, § 24; 2007, No. 197, § 11; 2009, No. 165, §§ 41, 42.

(a) (1) It is the policy of this chapter that each department, commission, agency, or institution of state and local government actively and aggressively support the state offices of emergency management and local offices of emergency management to the end of providing the best possible preparation for response to or recovery from any emergency situation that may occur. (2) In furtherance of the policy described in subdivision (a)(1) of this section, the head of each state department, commission, agency, or institution with an emergency management role or responsibility shall appoint a member or members of his or her staff as agency emergency management liaison officer or officers to act on his or her behalf in ensuring the agency's capability to fulfill its role in emergency management activities and shall ensure that the Division of Emergency Management is notified of any change in the appointment.

(1) It is the policy of this chapter that each department, commission, agency, or institution of state and local government actively and aggressively support the state offices of emergency management and local offices of emergency management to the end of providing the best possible preparation for response to or recovery from any emergency situation that may occur.

(2) In furtherance of the policy described in subdivision (a)(1) of this section, the head of each state department, commission, agency, or institution with an emergency management role or responsibility shall appoint a member or members of his or her staff as agency emergency management liaison officer or officers to act on his or her behalf in ensuring the agency's capability to fulfill its role in emergency management activities and shall ensure that the Division of Emergency Management is notified of any change in the appointment.

(b) The agency emergency management liaison officer shall: (1) Maintain close and continuous liaison with the division, as applicable; (2) Prepare agency annexes to the state and, as applicable, local emergency operations plans which are compatible with this chapter and with guidance provided by the division; (3) Report to the State Emergency Operations Center as required for any disaster training or exercises or emergency training or exercises; (4) Maintain files of agency resources to include personnel, facilities, and equipment available for disaster operation; (5) Ensure that the agency can respond promptly and cooperatively with other agencies in any disaster or major emergency situation under the overall management of the division; (6) Advise, assist, and evaluate the capabilities of counterpart local or federal government agencies in preparing for and carrying out disaster operations; (7) Designate personnel available for assignment to mobile support units and train such personnel in the tasks to be performed; and (8) Perform other related functions necessary to carry out the purpose of this chapter.

(1) Maintain close and continuous liaison with the division, as applicable;

(2) Prepare agency annexes to the state and, as applicable, local emergency operations plans which are compatible with this chapter and with guidance provided by the division;

(3) Report to the State Emergency Operations Center as required for any disaster training or exercises or emergency training or exercises;

(4) Maintain files of agency resources to include personnel, facilities, and equipment available for disaster operation;

(5) Ensure that the agency can respond promptly and cooperatively with other agencies in any disaster or major emergency situation under the overall management of the division;

(6) Advise, assist, and evaluate the capabilities of counterpart local or federal government agencies in preparing for and carrying out disaster operations;

(7) Designate personnel available for assignment to mobile support units and train such personnel in the tasks to be performed; and

(8) Perform other related functions necessary to carry out the purpose of this chapter.

(c) As conditions or situations may require or dictate, the Director of the Division of Emergency Management may request a state department, agency, or institution not currently participating in the emergency management liaison officer program to appoint an officer in accordance with this section.

(d) Nothing in subsections (a)-(c) of this section shall be interpreted as relieving or otherwise abridging the responsibility and authority of agency directors in carrying out disaster operations for which their agencies are solely responsible.

Amended by Act 2019, No. 910,§ 5888, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 5887, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 5886, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 5885, eff. 7/1/2019.

Acts 1973, No. 511, § 7; 1985, No. 687, § 5; 1985, No. 978, § 5; A.S.A. 1947, § 11-1940; Acts 1993, No. 1049, § 4; 1999, No. 646, § 24; 2007, No. 197, § 11; 2009, No. 165, §§ 41, 42.
Ark. Code Ann. § 12-41-103 — AR Code / Title 12 / Chapter 41 / Subchapter 1 / Section 12-41-103
Good time - Forfeiture and restoration
Status: in_force

(a) All meritorious good time shall be forfeited by the inmate in the event of escape, and all or part of the accrued meritorious good time may be taken away by the county sheriff or chief of police for infraction of rules. (b) However, in the event of escape, the county sheriff or chief of police may restore all or part of any accrued meritorious good time if the escapee returns to the institution voluntarily, without expense to the county or city, and without any act of violence while a fugitive from the institution. (c) In other instances, the county sheriff or chief of police may restore lost meritorious good time according to rules approved by the county quorum court or city legislative body. Acts 1979, No. 639, § 3; A.S.A. 1947, § 46-426.

(a) All meritorious good time shall be forfeited by the inmate in the event of escape, and all or part of the accrued meritorious good time may be taken away by the county sheriff or chief of police for infraction of rules.

(b) However, in the event of escape, the county sheriff or chief of police may restore all or part of any accrued meritorious good time if the escapee returns to the institution voluntarily, without expense to the county or city, and without any act of violence while a fugitive from the institution.

(c) In other instances, the county sheriff or chief of police may restore lost meritorious good time according to rules approved by the county quorum court or city legislative body.

Acts 1979, No. 639, § 3; A.S.A. 1947, § 46-426.
Ark. Code Ann. § 12-61-306 — AR Code / Title 12 / Chapter 61 / Subchapter 3 / Section 12-61-306
Discharge and release
Status: in_force

Upon the release of officers and enlisted personnel from the Arkansas State Defense Force, they shall resume the status held by them prior to their activation. Acts 1969, No. 50, § 45; 1985, No. 670, § 6; A.S.A. 1947, § 11-506; Acts 1989, No. 283, § 3.

Upon the release of officers and enlisted personnel from the Arkansas State Defense Force, they shall resume the status held by them prior to their activation.

Acts 1969, No. 50, § 45; 1985, No. 670, § 6; A.S.A. 1947, § 11-506; Acts 1989, No. 283, § 3.
Ark. Code Ann. § 12-30-305 — AR Code / Title 12 / Chapter 30 / Subchapter 3 / Section 12-30-305
Sales by director
Status: in_force

(a) The Director of the Division of Correction, by and with the consent and approval of the Board of Corrections, shall make all sales of commodities and articles produced and offered for sale by the various penal institutions under his or her supervision. (b) The director shall keep a complete and detailed record of all sales and shall immediately deposit all moneys received therefrom with the Treasurer of State to the credit of the Penal Institution Fund. (c) The director shall give a bond to be approved by the board as the board may require for the performance of the duties imposed under this section. Amended by Act 2019, No. 910,§ 825, eff. 7/1/2019. Acts 1933, No. 30, § 35; Pope's Dig., § 12702; A.S.A. 1947, § 46-222.

(a) The Director of the Division of Correction, by and with the consent and approval of the Board of Corrections, shall make all sales of commodities and articles produced and offered for sale by the various penal institutions under his or her supervision.

(b) The director shall keep a complete and detailed record of all sales and shall immediately deposit all moneys received therefrom with the Treasurer of State to the credit of the Penal Institution Fund.

(c) The director shall give a bond to be approved by the board as the board may require for the performance of the duties imposed under this section.

Amended by Act 2019, No. 910,§ 825, eff. 7/1/2019.

Acts 1933, No. 30, § 35; Pope's Dig., § 12702; A.S.A. 1947, § 46-222.
Ark. Code Ann. § 12-64-818 — AR Code / Title 12 / Chapter 64 / Subchapter 8 / Section 12-64-818
Cruelty and maltreatment
Status: in_force

Any person subject to this code who is guilty of cruelty toward or oppression or maltreatment of any person subject to his or her orders shall be punished as a court-martial may direct. Acts 1969, No. 50, § 136; A.S.A. 1947, § 11-718.

Any person subject to this code who is guilty of cruelty toward or oppression or maltreatment of any person subject to his or her orders shall be punished as a court-martial may direct.

Acts 1969, No. 50, § 136; A.S.A. 1947, § 11-718.
Ark. Code Ann. § 12-18-106 — AR Code / Title 12 / Chapter 18 / Subchapter 1 / Section 12-18-106
Cooperative agreements
Status: in_force

(a) The Department of Human Services and the Division of Arkansas State Police shall implement a coordinated multidisciplinary team approach to intervention in reports involving severe maltreatment and all reports requested by a prosecuting attorney pertaining to a law enforcement or prosecuting attorney's investigation by initiating formal cooperative agreements with: (1) Law enforcement agencies; (2) Prosecuting attorneys; and (3) Other appropriate agencies and individuals. (b) The Secretary of the Department of Human Services may enter into cooperative agreements with other states to create a national child maltreatment registration system. Amended by Act 2019, No. 910,§ 5157, eff. 7/1/2019. Amended by Act 2015, No. 1004,§ 3, eff. 7/22/2015. Acts 2009, No. 749, § 1.

(a) The Department of Human Services and the Division of Arkansas State Police shall implement a coordinated multidisciplinary team approach to intervention in reports involving severe maltreatment and all reports requested by a prosecuting attorney pertaining to a law enforcement or prosecuting attorney's investigation by initiating formal cooperative agreements with: (1) Law enforcement agencies; (2) Prosecuting attorneys; and (3) Other appropriate agencies and individuals.

(1) Law enforcement agencies;

(2) Prosecuting attorneys; and

(3) Other appropriate agencies and individuals.

(b) The Secretary of the Department of Human Services may enter into cooperative agreements with other states to create a national child maltreatment registration system.

Amended by Act 2019, No. 910,§ 5157, eff. 7/1/2019.

Amended by Act 2015, No. 1004,§ 3, eff. 7/22/2015.

Acts 2009, No. 749, § 1.
Ark. Code Ann. § 12-12-1701 — AR Code / Title 12 / Chapter 12 / Subchapter 17 / Section 12-12-1701
Title
Status: in_force

This subchapter shall be known and may be cited as the "Adult and Long-Term Care Facility Resident Maltreatment Act". Acts 2005, No. 1812, § 1.

This subchapter shall be known and may be cited as the "Adult and Long-Term Care Facility Resident Maltreatment Act".

Acts 2005, No. 1812, § 1.
Ark. Code Ann. § 12-25-101 — AR Code / Title 12 / Chapter 25 / Section 12-25-101
Location or construction of residential facilities for sexual or violent offenders - Public hearings
Status: in_force

(a) (1) No state agency, board, commission, or governing body of any municipality or county shall approve the location or construction of any community-based residential facility housing juveniles or adults adjudicated or convicted of any sexual or violent offense or any other offense that would constitute a Class C felony or higher, even if the facility otherwise conforms to applicable zoning ordinances, until a public hearing is conducted in the municipality or county of the proposed location of the facility at least thirty (30) days prior to the contracting for the acquisition of any property on which to locate the proposed facility or any existing structure in which to locate the proposed facility by the owner, operator, or care provider of the proposed facility. (2) No community-based residential facility housing juveniles or adults adjudicated or convicted of any sexual or violent offense or any other criminal offense that would constitute a Class C felony or higher shall be located or constructed within any municipality or county of this state until a public hearing is conducted in the municipality or county of the proposed location of the facility at least thirty (30) days prior to the contracting for the acquisition of any property on which to locate the proposed facility or any existing structure in which to locate the proposed facility by the owner, operator, or care provider of the proposed facility. (b) All residents within one thousand feet (1000') of the proposed location of the facility shall be notified by mail at least ten (10) days prior to the day of the hearing. Acts 1997, No. 626, § 1; 2005, No. 1962, § 45.

(a) (1) No state agency, board, commission, or governing body of any municipality or county shall approve the location or construction of any community-based residential facility housing juveniles or adults adjudicated or convicted of any sexual or violent offense or any other offense that would constitute a Class C felony or higher, even if the facility otherwise conforms to applicable zoning ordinances, until a public hearing is conducted in the municipality or county of the proposed location of the facility at least thirty (30) days prior to the contracting for the acquisition of any property on which to locate the proposed facility or any existing structure in which to locate the proposed facility by the owner, operator, or care provider of the proposed facility. (2) No community-based residential facility housing juveniles or adults adjudicated or convicted of any sexual or violent offense or any other criminal offense that would constitute a Class C felony or higher shall be located or constructed within any municipality or county of this state until a public hearing is conducted in the municipality or county of the proposed location of the facility at least thirty (30) days prior to the contracting for the acquisition of any property on which to locate the proposed facility or any existing structure in which to locate the proposed facility by the owner, operator, or care provider of the proposed facility.

(1) No state agency, board, commission, or governing body of any municipality or county shall approve the location or construction of any community-based residential facility housing juveniles or adults adjudicated or convicted of any sexual or violent offense or any other offense that would constitute a Class C felony or higher, even if the facility otherwise conforms to applicable zoning ordinances, until a public hearing is conducted in the municipality or county of the proposed location of the facility at least thirty (30) days prior to the contracting for the acquisition of any property on which to locate the proposed facility or any existing structure in which to locate the proposed facility by the owner, operator, or care provider of the proposed facility.

(2) No community-based residential facility housing juveniles or adults adjudicated or convicted of any sexual or violent offense or any other criminal offense that would constitute a Class C felony or higher shall be located or constructed within any municipality or county of this state until a public hearing is conducted in the municipality or county of the proposed location of the facility at least thirty (30) days prior to the contracting for the acquisition of any property on which to locate the proposed facility or any existing structure in which to locate the proposed facility by the owner, operator, or care provider of the proposed facility.

(b) All residents within one thousand feet (1000') of the proposed location of the facility shall be notified by mail at least ten (10) days prior to the day of the hearing.

Acts 1997, No. 626, § 1; 2005, No. 1962, § 45.
Ark. Code Ann. § 12-18-802 — AR Code / Title 12 / Chapter 18 / Subchapter 8 / Section 12-18-802
Subpoenas - Service upon a child
Status: in_force

If any child served with a subpoena to be a witness in an administrative hearing is a party to an open dependency-neglect or family in need of services case, the child's attorney ad litem shall be provided a copy of the subpoena. Acts 2009, No. 749, § 1; 2011, No. 1139, § 2.

If any child served with a subpoena to be a witness in an administrative hearing is a party to an open dependency-neglect or family in need of services case, the child's attorney ad litem shall be provided a copy of the subpoena.

Acts 2009, No. 749, § 1; 2011, No. 1139, § 2.
Ark. Code Ann. § 12-12-218 — AR Code / Title 12 / Chapter 12 / Subchapter 2 / Section 12-12-218
Registry of certain court orders - Definition
Status: in_force

(a) As used in this section, "center system" means the registry of all court orders issued under §§ 5-2-310(b) , 5-2-314(b) , 20-47-214 , and 20-47-215 maintained by the Arkansas Crime Information Center under this section. (b) (1) The Arkansas Crime Information Center shall maintain the center system as provided under this section. (2) Only orders that are consistent with § 5-2-310(b) , § 5-2-314(b) , § 20-47-214 , or § 20-47-215 shall be entered into the center system. (c) Information contained in the center system shall be determined by the Supervisory Board for the Arkansas Crime Information Center and shall include, at a minimum, the person's name and date of birth. (d) Information contained in the center system is not disclosable under applicable state or federal law and shall be available at all times only to courts, law enforcement personnel, and prosecuting attorneys. Added by Act 2013, No. 470,§ 1, eff. 8/16/2013.

(a) As used in this section, "center system" means the registry of all court orders issued under §§ 5-2-310(b) , 5-2-314(b) , 20-47-214 , and 20-47-215 maintained by the Arkansas Crime Information Center under this section.

(b) (1) The Arkansas Crime Information Center shall maintain the center system as provided under this section. (2) Only orders that are consistent with § 5-2-310(b) , § 5-2-314(b) , § 20-47-214 , or § 20-47-215 shall be entered into the center system.

(1) The Arkansas Crime Information Center shall maintain the center system as provided under this section.

(2) Only orders that are consistent with § 5-2-310(b) , § 5-2-314(b) , § 20-47-214 , or § 20-47-215 shall be entered into the center system.

(c) Information contained in the center system shall be determined by the Supervisory Board for the Arkansas Crime Information Center and shall include, at a minimum, the person's name and date of birth.

(d) Information contained in the center system is not disclosable under applicable state or federal law and shall be available at all times only to courts, law enforcement personnel, and prosecuting attorneys.

Added by Act 2013, No. 470,§ 1, eff. 8/16/2013.
Ark. Code Ann. § 12-12-907 — AR Code / Title 12 / Chapter 12 / Subchapter 9 / Section 12-12-907
Report to Arkansas Crime Information Center - Report to law enforcement agency
Status: in_force

(a) (1) Within three (3) days after registering or updating the registration file of a sex offender, the Division of Correction, the Division of Community Correction, the Department of Human Services, the sentencing court, or the local law enforcement agency having jurisdiction shall report, by electronic means, all information obtained from the sex offender and regarding the sex offender to the Arkansas Crime Information Center. (2) The center shall immediately enter the information into its record system for maintenance in a central registry and notify the local law enforcement agency having jurisdiction. (3) The center will share information with the National Sex Offender Public Website. (b) (1) (A) No later than five (5) calendar days after release from incarceration or after the date of sentencing, a sex offender shall report in person to the local law enforcement agency having jurisdiction and update the information in the registration file. (B) If the sex offender is not already registered, the local law enforcement agency having jurisdiction shall register the sex offender in accordance with this subchapter. (2) Within three (3) days after registering a sex offender or receiving updated registry information on a sex offender, the local law enforcement agency having jurisdiction shall report, by electronic means, all information obtained from the sex offender to the center. (3) The local law enforcement agency having jurisdiction shall verify the address of a sexually dangerous person on a quarterly basis and the address of all other sex offenders on a semiannual basis. (4) The center shall have access to the offender tracking systems of the Division of Correction and the Division of Community Correction to confirm the location of registrants. Amended by Act 2019, No. 262,§ 6, eff. 7/24/2019. Amended by Act 2019, No. 262,§ 5, eff. 7/24/2019. Amended by Act 2019, No. 262,§ 4, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 712, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 713, eff. 7/1/2019. Amended by Act 2017, No. 916,§ 4, eff. 8/1/2017. Amended by Act 2015, No. 358,§ 8, eff. 7/22/2015. Amended by Act 2013, No. 508,§ 9, eff. 8/16/2013. Amended by Act 2013, No. 505,§ 8, eff. 8/16/2013. Acts 1997, No. 989, § 6; 1999, No. 1353, § 5; 2001, No. 1743, § 6.

(a) (1) Within three (3) days after registering or updating the registration file of a sex offender, the Division of Correction, the Division of Community Correction, the Department of Human Services, the sentencing court, or the local law enforcement agency having jurisdiction shall report, by electronic means, all information obtained from the sex offender and regarding the sex offender to the Arkansas Crime Information Center. (2) The center shall immediately enter the information into its record system for maintenance in a central registry and notify the local law enforcement agency having jurisdiction. (3) The center will share information with the National Sex Offender Public Website.

(1) Within three (3) days after registering or updating the registration file of a sex offender, the Division of Correction, the Division of Community Correction, the Department of Human Services, the sentencing court, or the local law enforcement agency having jurisdiction shall report, by electronic means, all information obtained from the sex offender and regarding the sex offender to the Arkansas Crime Information Center.

(2) The center shall immediately enter the information into its record system for maintenance in a central registry and notify the local law enforcement agency having jurisdiction.

(3) The center will share information with the National Sex Offender Public Website.

(b) (1) (A) No later than five (5) calendar days after release from incarceration or after the date of sentencing, a sex offender shall report in person to the local law enforcement agency having jurisdiction and update the information in the registration file. (B) If the sex offender is not already registered, the local law enforcement agency having jurisdiction shall register the sex offender in accordance with this subchapter. (2) Within three (3) days after registering a sex offender or receiving updated registry information on a sex offender, the local law enforcement agency having jurisdiction shall report, by electronic means, all information obtained from the sex offender to the center. (3) The local law enforcement agency having jurisdiction shall verify the address of a sexually dangerous person on a quarterly basis and the address of all other sex offenders on a semiannual basis. (4) The center shall have access to the offender tracking systems of the Division of Correction and the Division of Community Correction to confirm the location of registrants.

(1) (A) No later than five (5) calendar days after release from incarceration or after the date of sentencing, a sex offender shall report in person to the local law enforcement agency having jurisdiction and update the information in the registration file. (B) If the sex offender is not already registered, the local law enforcement agency having jurisdiction shall register the sex offender in accordance with this subchapter.

(A) No later than five (5) calendar days after release from incarceration or after the date of sentencing, a sex offender shall report in person to the local law enforcement agency having jurisdiction and update the information in the registration file.

(B) If the sex offender is not already registered, the local law enforcement agency having jurisdiction shall register the sex offender in accordance with this subchapter.

(2) Within three (3) days after registering a sex offender or receiving updated registry information on a sex offender, the local law enforcement agency having jurisdiction shall report, by electronic means, all information obtained from the sex offender to the center.

(3) The local law enforcement agency having jurisdiction shall verify the address of a sexually dangerous person on a quarterly basis and the address of all other sex offenders on a semiannual basis.

(4) The center shall have access to the offender tracking systems of the Division of Correction and the Division of Community Correction to confirm the location of registrants.

Amended by Act 2019, No. 262,§ 6, eff. 7/24/2019.

Amended by Act 2019, No. 262,§ 5, eff. 7/24/2019.

Amended by Act 2019, No. 262,§ 4, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 712, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 713, eff. 7/1/2019.

Amended by Act 2017, No. 916,§ 4, eff. 8/1/2017.

Amended by Act 2015, No. 358,§ 8, eff. 7/22/2015.

Amended by Act 2013, No. 508,§ 9, eff. 8/16/2013.

Amended by Act 2013, No. 505,§ 8, eff. 8/16/2013.

Acts 1997, No. 989, § 6; 1999, No. 1353, § 5; 2001, No. 1743, § 6.
Ark. Code Ann. § 12-64-820 — AR Code / Title 12 / Chapter 64 / Subchapter 8 / Section 12-64-820
Resistance, break of arrest, and escape
Status: in_force

A person subject to this code who resists apprehension or breaks arrest or who escapes from physical restraint, custody, or confinement lawfully imposed shall be punished as a court-martial may direct. Amended by Act 2015, No. 1003,§ 35, eff. 7/22/2015. Acts 1969, No. 50, § 138; A.S.A. 1947, § 11-720.

A person subject to this code who resists apprehension or breaks arrest or who escapes from physical restraint, custody, or confinement lawfully imposed shall be punished as a court-martial may direct.

Amended by Act 2015, No. 1003,§ 35, eff. 7/22/2015.

Acts 1969, No. 50, § 138; A.S.A. 1947, § 11-720.
Ark. Code Ann. § 12-64-827 — AR Code / Title 12 / Chapter 64 / Subchapter 8 / Section 12-64-827
Captured or abandoned property
Status: in_force

(a) All persons subject to this code shall secure all public property taken from the enemy for the service of the State of Arkansas or the United States and shall give notice and turn over to the proper authority without delay all captured or abandoned property in their possession, custody, or control. (b) Any person subject to this code shall be punished as a court-martial may direct if he or she: (1) Fails to carry out the duties prescribed in subsection (a) of this section; (2) Buys, sells, trades, or in any way deals in or disposes of captured or abandoned property, whereby he or she receives or expects any profit, benefit, or advantage to himself or herself or another directly or indirectly connected with himself or herself; or (3) Engages in looting or pillaging. Acts 1969, No. 50, § 145; A.S.A. 1947, § 11-727.

(a) All persons subject to this code shall secure all public property taken from the enemy for the service of the State of Arkansas or the United States and shall give notice and turn over to the proper authority without delay all captured or abandoned property in their possession, custody, or control.

(b) Any person subject to this code shall be punished as a court-martial may direct if he or she: (1) Fails to carry out the duties prescribed in subsection (a) of this section; (2) Buys, sells, trades, or in any way deals in or disposes of captured or abandoned property, whereby he or she receives or expects any profit, benefit, or advantage to himself or herself or another directly or indirectly connected with himself or herself; or (3) Engages in looting or pillaging.

(1) Fails to carry out the duties prescribed in subsection (a) of this section;

(2) Buys, sells, trades, or in any way deals in or disposes of captured or abandoned property, whereby he or she receives or expects any profit, benefit, or advantage to himself or herself or another directly or indirectly connected with himself or herself; or

(3) Engages in looting or pillaging.

Acts 1969, No. 50, § 145; A.S.A. 1947, § 11-727.
Ark. Code Ann. § 12-41-718 — AR Code / Title 12 / Chapter 41 / Subchapter 7 / Section 12-41-718
Sole and exclusive law
Status: in_force

(a) Except as provided under § 12-41-702 , the provisions of this subchapter are intended to solely and exclusively govern the manner in which a county jail board, municipal jail board, or public instrumentality jail board is organized, operated, managed, and administered. (b) No other laws of this state are applicable to the boards. Acts 2003, No. 1772, § 2.

(a) Except as provided under § 12-41-702 , the provisions of this subchapter are intended to solely and exclusively govern the manner in which a county jail board, municipal jail board, or public instrumentality jail board is organized, operated, managed, and administered.

(b) No other laws of this state are applicable to the boards.

Acts 2003, No. 1772, § 2.
Ark. Code Ann. § 12-12-1723 — AR Code / Title 12 / Chapter 12 / Subchapter 17 / Section 12-12-1723
Rules
Status: in_force

The Secretary of the Department of Human Services may adopt rules to implement this subchapter. Amended by Act 2019, No. 910,§ 5156, eff. 7/1/2019. Added by Act 2013, No. 584,§ 15, eff. 8/16/2013.

The Secretary of the Department of Human Services may adopt rules to implement this subchapter.

Amended by Act 2019, No. 910,§ 5156, eff. 7/1/2019.

Added by Act 2013, No. 584,§ 15, eff. 8/16/2013.
Ark. Code Ann. § 12-64-805 — AR Code / Title 12 / Chapter 64 / Subchapter 8 / Section 12-64-805
Attempts
Status: in_force

(a) An act, done with specific intent to commit an offense under this code, amounting to more than mere preparation and tending, even though failing to effect its commission, is an attempt to commit that offense. (b) Any person subject to this code who attempts to commit any offense punishable by this code shall be punished as a court-martial may direct, unless otherwise specifically prescribed. (c) Any person subject to this code may be convicted of an attempt to commit an offense although it appears on the trial that the offense was consummated. Acts 1969, No. 50, § 123; A.S.A. 1947, § 11-705.

(a) An act, done with specific intent to commit an offense under this code, amounting to more than mere preparation and tending, even though failing to effect its commission, is an attempt to commit that offense.

(b) Any person subject to this code who attempts to commit any offense punishable by this code shall be punished as a court-martial may direct, unless otherwise specifically prescribed.

(c) Any person subject to this code may be convicted of an attempt to commit an offense although it appears on the trial that the offense was consummated.

Acts 1969, No. 50, § 123; A.S.A. 1947, § 11-705.
Ark. Code Ann. § 12-61-122 — AR Code / Title 12 / Chapter 61 / Subchapter 1 / Section 12-61-122
National Guard associations
Status: in_force

(a) The officers or noncommissioned officers or members of any unit or units of the organized militia may organize themselves into an association or associations. (b) The association or associations may adopt bylaws not inconsistent with the statutes of the state and alter and amend the bylaws and may take and hold such real and personal property as may be necessary for the purposes of the association. Acts 1969, No. 50, § 203; A.S.A. 1947, § 11-1105.

(a) The officers or noncommissioned officers or members of any unit or units of the organized militia may organize themselves into an association or associations.

(b) The association or associations may adopt bylaws not inconsistent with the statutes of the state and alter and amend the bylaws and may take and hold such real and personal property as may be necessary for the purposes of the association.

Acts 1969, No. 50, § 203; A.S.A. 1947, § 11-1105.
Ark. Code Ann. § 12-64-205 — AR Code / Title 12 / Chapter 64 / Subchapter 2 / Section 12-64-205
Reports and receiving of prisoners
Status: in_force

(a) No provost marshal, commander of a guard, master at arms, warden, keeper, or officer of a city or county jail or any other jail, penitentiary, or prison designated under this code may refuse to receive or keep any prisoner committed to his or her charge when the committing person furnishes a statement signed by him or her of the offenses charged against the prisoner. (b) Every commander of a guard, master at arms, warden, keeper, or officer of a city or county jail or of any other jail, penitentiary, or prison designated under this code, to whose charge a prisoner is committed, shall within twenty-four (24) hours after that commitment or as soon as he or she is relieved from guard, report to the commanding officer of the prisoner the name of the prisoner, the offense charged against him or her, and the name of the person who ordered or authorized the commitment. Acts 1969, No. 50, § 56; A.S.A. 1947, § 11-611.

(a) No provost marshal, commander of a guard, master at arms, warden, keeper, or officer of a city or county jail or any other jail, penitentiary, or prison designated under this code may refuse to receive or keep any prisoner committed to his or her charge when the committing person furnishes a statement signed by him or her of the offenses charged against the prisoner.

(b) Every commander of a guard, master at arms, warden, keeper, or officer of a city or county jail or of any other jail, penitentiary, or prison designated under this code, to whose charge a prisoner is committed, shall within twenty-four (24) hours after that commitment or as soon as he or she is relieved from guard, report to the commanding officer of the prisoner the name of the prisoner, the offense charged against him or her, and the name of the person who ordered or authorized the commitment.

Acts 1969, No. 50, § 56; A.S.A. 1947, § 11-611.
Ark. Code Ann. § 12-51-201 — AR Code / Title 12 / Chapter 51 / Subchapter 2 / Section 12-51-201
Bylaws
Status: in_force

The Interstate Commission for Adult Offender Supervision shall, by a majority of the members, within twelve (12) months of the first interstate commission meeting, adopt bylaws to govern its conduct as may be necessary or appropriate to carry out the purposes of the compact, including, but not limited to: (1) Establishing the fiscal year of the interstate commission; and (2) Establishing an executive committee and such other committees as may be necessary, providing reasonable standards and procedures: (A) For the establishment of committees; (B) Governing any general or specific delegation of any authority or function of the interstate commission; (C) Providing reasonable procedures for calling and conducting meetings of the interstate commission, and ensuring reasonable notice of each such meeting; establishing the titles and responsibilities of the officers of the interstate commission; providing reasonable standards and procedures for the establishment of the personnel policies and programs of the interstate commission. Notwithstanding any civil service or other similar laws of any compacting state, the bylaws shall exclusively govern the personnel policies and programs of the interstate commission; and (D) Providing a mechanism for winding up the operations of the interstate commission and the equitable return of any surplus funds that may exist upon the termination of the compact after the payment and/or reserving of all of its debts and obligations; providing transition rules for "start up" administration of the compact; establishing standards and procedures for compliance and technical assistance in carrying out the compact. Acts 2001, No. 253, § 1.

The Interstate Commission for Adult Offender Supervision shall, by a majority of the members, within twelve (12) months of the first interstate commission meeting, adopt bylaws to govern its conduct as may be necessary or appropriate to carry out the purposes of the compact, including, but not limited to:

(1) Establishing the fiscal year of the interstate commission; and

(2) Establishing an executive committee and such other committees as may be necessary, providing reasonable standards and procedures: (A) For the establishment of committees; (B) Governing any general or specific delegation of any authority or function of the interstate commission; (C) Providing reasonable procedures for calling and conducting meetings of the interstate commission, and ensuring reasonable notice of each such meeting; establishing the titles and responsibilities of the officers of the interstate commission; providing reasonable standards and procedures for the establishment of the personnel policies and programs of the interstate commission. Notwithstanding any civil service or other similar laws of any compacting state, the bylaws shall exclusively govern the personnel policies and programs of the interstate commission; and (D) Providing a mechanism for winding up the operations of the interstate commission and the equitable return of any surplus funds that may exist upon the termination of the compact after the payment and/or reserving of all of its debts and obligations; providing transition rules for "start up" administration of the compact; establishing standards and procedures for compliance and technical assistance in carrying out the compact.

(A) For the establishment of committees;

(B) Governing any general or specific delegation of any authority or function of the interstate commission;

(C) Providing reasonable procedures for calling and conducting meetings of the interstate commission, and ensuring reasonable notice of each such meeting; establishing the titles and responsibilities of the officers of the interstate commission; providing reasonable standards and procedures for the establishment of the personnel policies and programs of the interstate commission. Notwithstanding any civil service or other similar laws of any compacting state, the bylaws shall exclusively govern the personnel policies and programs of the interstate commission; and

(D) Providing a mechanism for winding up the operations of the interstate commission and the equitable return of any surplus funds that may exist upon the termination of the compact after the payment and/or reserving of all of its debts and obligations; providing transition rules for "start up" administration of the compact; establishing standards and procedures for compliance and technical assistance in carrying out the compact.

Acts 2001, No. 253, § 1.
Ark. Code Ann. § 12-12-918 — AR Code / Title 12 / Chapter 12 / Subchapter 9 / Section 12-12-918
Classification as sexually dangerous person
Status: in_force

(a) (1) In order to classify a person as a sexually dangerous person, a prosecutor may allege on the face of an information that the prosecutor is seeking a determination that the defendant is a sexually dangerous person. (2) (A) If the defendant is adjudicated guilty, the court shall enter an order directing an examiner qualified by the Sex Offender Assessment Committee to issue a report to the sentencing court that recommends whether or not the defendant should be classified as a sexually dangerous person. (B) Copies of the report shall be forwarded immediately to the prosecutor and to the defense attorney. (C) The report shall not be admissible for purposes of sentencing. (3) After sentencing, the court shall make a determination regarding the defendant's status as a sexually dangerous person. (b) (1) In order for the examiner qualified by the committee to prepare the report: (A) The defendant may be sent for evaluation to a facility designated by the Division of Correction; or (B) The committee may elect to send an examiner to the local or regional detention facility. (2) The cost of the evaluation shall be paid by the Division of Correction. (c) (1) Should evidence be found in the course of any assessment conducted by the committee that a defendant appears to meet the criteria for being classified as a sexually dangerous person, the committee shall bring this information to the attention of the prosecutor, who will determine whether to file a petition with the court for the defendant to be classified as a sexually dangerous person. (2) The sentencing court shall retain jurisdiction to determine whether a defendant is a sexually dangerous person for one (1) year after sentencing or for so long as the defendant remains incarcerated for the sex offense. (d) (1) The sentencing order should state whether the offense qualifies as an aggravated sex offense. (2) Should the aggravated sex offense box not be checked on the sentencing order, the court will be contacted by the committee and asked to furnish a written determination as to whether the offense qualifies as an aggravated sex offense. Amended by Act 2023, No. 659,§ 69, eff. 1/1/2024. Amended by Act 2019, No. 910,§ 725, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 724, eff. 7/1/2019. Amended by Act 2013, No. 505,§ 16, eff. 8/16/2013. Acts 1997, No. 989, § 18; 1999, No. 1353, § 12; 2001, No. 1743, § 13; 2003 (2nd Ex. Sess.), No. 21, § 9.

(a) (1) In order to classify a person as a sexually dangerous person, a prosecutor may allege on the face of an information that the prosecutor is seeking a determination that the defendant is a sexually dangerous person. (2) (A) If the defendant is adjudicated guilty, the court shall enter an order directing an examiner qualified by the Sex Offender Assessment Committee to issue a report to the sentencing court that recommends whether or not the defendant should be classified as a sexually dangerous person. (B) Copies of the report shall be forwarded immediately to the prosecutor and to the defense attorney. (C) The report shall not be admissible for purposes of sentencing. (3) After sentencing, the court shall make a determination regarding the defendant's status as a sexually dangerous person.

(1) In order to classify a person as a sexually dangerous person, a prosecutor may allege on the face of an information that the prosecutor is seeking a determination that the defendant is a sexually dangerous person.

(2) (A) If the defendant is adjudicated guilty, the court shall enter an order directing an examiner qualified by the Sex Offender Assessment Committee to issue a report to the sentencing court that recommends whether or not the defendant should be classified as a sexually dangerous person. (B) Copies of the report shall be forwarded immediately to the prosecutor and to the defense attorney. (C) The report shall not be admissible for purposes of sentencing.

(A) If the defendant is adjudicated guilty, the court shall enter an order directing an examiner qualified by the Sex Offender Assessment Committee to issue a report to the sentencing court that recommends whether or not the defendant should be classified as a sexually dangerous person.

(B) Copies of the report shall be forwarded immediately to the prosecutor and to the defense attorney.

(C) The report shall not be admissible for purposes of sentencing.

(3) After sentencing, the court shall make a determination regarding the defendant's status as a sexually dangerous person.

(b) (1) In order for the examiner qualified by the committee to prepare the report: (A) The defendant may be sent for evaluation to a facility designated by the Division of Correction; or (B) The committee may elect to send an examiner to the local or regional detention facility. (2) The cost of the evaluation shall be paid by the Division of Correction.

(1) In order for the examiner qualified by the committee to prepare the report: (A) The defendant may be sent for evaluation to a facility designated by the Division of Correction; or (B) The committee may elect to send an examiner to the local or regional detention facility.

(A) The defendant may be sent for evaluation to a facility designated by the Division of Correction; or

(B) The committee may elect to send an examiner to the local or regional detention facility.

(2) The cost of the evaluation shall be paid by the Division of Correction.

(c) (1) Should evidence be found in the course of any assessment conducted by the committee that a defendant appears to meet the criteria for being classified as a sexually dangerous person, the committee shall bring this information to the attention of the prosecutor, who will determine whether to file a petition with the court for the defendant to be classified as a sexually dangerous person. (2) The sentencing court shall retain jurisdiction to determine whether a defendant is a sexually dangerous person for one (1) year after sentencing or for so long as the defendant remains incarcerated for the sex offense.

(1) Should evidence be found in the course of any assessment conducted by the committee that a defendant appears to meet the criteria for being classified as a sexually dangerous person, the committee shall bring this information to the attention of the prosecutor, who will determine whether to file a petition with the court for the defendant to be classified as a sexually dangerous person.

(2) The sentencing court shall retain jurisdiction to determine whether a defendant is a sexually dangerous person for one (1) year after sentencing or for so long as the defendant remains incarcerated for the sex offense.

(d) (1) The sentencing order should state whether the offense qualifies as an aggravated sex offense. (2) Should the aggravated sex offense box not be checked on the sentencing order, the court will be contacted by the committee and asked to furnish a written determination as to whether the offense qualifies as an aggravated sex offense.

(1) The sentencing order should state whether the offense qualifies as an aggravated sex offense.

(2) Should the aggravated sex offense box not be checked on the sentencing order, the court will be contacted by the committee and asked to furnish a written determination as to whether the offense qualifies as an aggravated sex offense.

Amended by Act 2023, No. 659,§ 69, eff. 1/1/2024.

Amended by Act 2019, No. 910,§ 725, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 724, eff. 7/1/2019.

Amended by Act 2013, No. 505,§ 16, eff. 8/16/2013.

Acts 1997, No. 989, § 18; 1999, No. 1353, § 12; 2001, No. 1743, § 13; 2003 (2nd Ex. Sess.), No. 21, § 9.
Ark. Code Ann. § 12-18-102 — AR Code / Title 12 / Chapter 18 / Subchapter 1 / Section 12-18-102
Purpose
Status: in_force

The purpose of this chapter is to: (1) Provide a system for the reporting of known or suspected child maltreatment; (2) Ensure the immediate screening, safety assessment, and prompt investigation of reports of known or suspected child maltreatment; (3) Ensure that immediate steps are taken to: (A) Protect a maltreated child and any other child under the same care who may also be in danger of maltreatment; and (B) Place a child whose health or physical well-being is in immediate danger in a safe environment; (4) Provide immunity from criminal prosecution for an individual making a good faith report of suspected child maltreatment; (5) Preserve the confidentiality of all records in order to protect the rights of the child and of the child's parents or guardians; (6) Encourage the cooperation of state law enforcement officials, courts, and state agencies in the investigation, assessment, prosecution, and treatment of child maltreatment; and (7) Stabilize the home environment if a child's health and safety are not at risk. Acts 2009, No. 749, § 1; 2011, No. 1143, § 1.

The purpose of this chapter is to:

(1) Provide a system for the reporting of known or suspected child maltreatment;

(2) Ensure the immediate screening, safety assessment, and prompt investigation of reports of known or suspected child maltreatment;

(3) Ensure that immediate steps are taken to: (A) Protect a maltreated child and any other child under the same care who may also be in danger of maltreatment; and (B) Place a child whose health or physical well-being is in immediate danger in a safe environment;

(A) Protect a maltreated child and any other child under the same care who may also be in danger of maltreatment; and

(B) Place a child whose health or physical well-being is in immediate danger in a safe environment;

(4) Provide immunity from criminal prosecution for an individual making a good faith report of suspected child maltreatment;

(5) Preserve the confidentiality of all records in order to protect the rights of the child and of the child's parents or guardians;

(6) Encourage the cooperation of state law enforcement officials, courts, and state agencies in the investigation, assessment, prosecution, and treatment of child maltreatment; and

(7) Stabilize the home environment if a child's health and safety are not at risk.

Acts 2009, No. 749, § 1; 2011, No. 1143, § 1.
Ark. Code Ann. § 12-41-806 — AR Code / Title 12 / Chapter 41 / Subchapter 8 / Section 12-41-806
Matching requirements
Status: in_force

(a) (1) Grant and loan funds shall only be awarded under this subchapter upon submission of evidence of the ability to provide an amount of local public or private dollars, or both, equal to or greater than one-third (1/3) of the state's capital grant contribution to any project. (2) In no event shall the state capital grant contribution to any project authorized under this subchapter exceed the sum of one hundred fifty thousand dollars ($150,000). (b) Any revolving loan funds utilized in meeting the total cost of any project authorized under this subchapter shall be interest free and shall have terms not to exceed ten (10) years. (c) Any award of funds under this section shall be subject to review and approval by the Division of Youth Services, which shall promulgate rules to effectuate the provisions of this section. Amended by Act 2019, No. 315,§ 914, eff. 7/24/2019. Acts 1989, No. 486, § 6.

(a) (1) Grant and loan funds shall only be awarded under this subchapter upon submission of evidence of the ability to provide an amount of local public or private dollars, or both, equal to or greater than one-third (1/3) of the state's capital grant contribution to any project. (2) In no event shall the state capital grant contribution to any project authorized under this subchapter exceed the sum of one hundred fifty thousand dollars ($150,000).

(1) Grant and loan funds shall only be awarded under this subchapter upon submission of evidence of the ability to provide an amount of local public or private dollars, or both, equal to or greater than one-third (1/3) of the state's capital grant contribution to any project.

(2) In no event shall the state capital grant contribution to any project authorized under this subchapter exceed the sum of one hundred fifty thousand dollars ($150,000).

(b) Any revolving loan funds utilized in meeting the total cost of any project authorized under this subchapter shall be interest free and shall have terms not to exceed ten (10) years.

(c) Any award of funds under this section shall be subject to review and approval by the Division of Youth Services, which shall promulgate rules to effectuate the provisions of this section.

Amended by Act 2019, No. 315,§ 914, eff. 7/24/2019.

Acts 1989, No. 486, § 6.
Ark. Code Ann. § 12-9-204 — AR Code / Title 12 / Chapter 9 / Subchapter 2 / Section 12-9-204
Arkansas Commission on Law Enforcement Standards and Training - Law enforcement powers
Status: in_force

(a) The following persons are classified and designated as law enforcement officers after meeting minimum qualifications for law enforcement officers' certification as established by the Arkansas Commission on Law Enforcement Standards and Training: (1) The Director of the Division of Law Enforcement Standards and Training; (2) Employees of the Division of Law Enforcement Standards and Training appointed by the Director of the Division of Law Enforcement Standards and Training as law enforcement officers; (3) The Director of the Black River Technical College Law Enforcement Training Academy; and (4) Instructors of the Black River Technical College Law Enforcement Training Academy. (b) (1) The personnel described in subsection (a) of this section have all authority and functions of other law enforcement officers in the State of Arkansas. (2) The personnel described in subsection (a) of this section have general law enforcement authority to cooperate with, assist, and support local law enforcement officers in all law enforcement activities and functions. (c) The personnel described in subsection (a) of this section shall: (1) Be credited with service toward maintaining and increasing certification levels for time employed at the commission or the division and the Black River Technical College Law Enforcement Training Academy; and (2) Receive credit for years of law enforcement service for time employed at the commission or the division, the Arkansas Police Corps Program at the University of Arkansas at Little Rock, or the Black River Technical College Law Enforcement Training Academy upon employment as law enforcement officers elsewhere in the State of Arkansas. (d) The personnel described in subsection (a) of this section: (1) Are not qualified to enroll in a different retirement system because of their classification and designation as law enforcement officers; and (2) Shall not qualify for any benefit enhancement other than that available under their current retirement system. Amended by Act 2019, No. 910,§ 5825, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 5824, eff. 7/1/2019. Amended by Act 2017, No. 497,§ 12, eff. 8/1/2017. Acts 1979, No. 147, § 1; A.S.A. 1947, § 42-708; Acts 1995, No. 365, § 1; 2003, No. 1051, § 1; 2005, No. 1330, § 1.

(a) The following persons are classified and designated as law enforcement officers after meeting minimum qualifications for law enforcement officers' certification as established by the Arkansas Commission on Law Enforcement Standards and Training: (1) The Director of the Division of Law Enforcement Standards and Training; (2) Employees of the Division of Law Enforcement Standards and Training appointed by the Director of the Division of Law Enforcement Standards and Training as law enforcement officers; (3) The Director of the Black River Technical College Law Enforcement Training Academy; and (4) Instructors of the Black River Technical College Law Enforcement Training Academy.

(1) The Director of the Division of Law Enforcement Standards and Training;

(2) Employees of the Division of Law Enforcement Standards and Training appointed by the Director of the Division of Law Enforcement Standards and Training as law enforcement officers;

(3) The Director of the Black River Technical College Law Enforcement Training Academy; and

(4) Instructors of the Black River Technical College Law Enforcement Training Academy.

(b) (1) The personnel described in subsection (a) of this section have all authority and functions of other law enforcement officers in the State of Arkansas. (2) The personnel described in subsection (a) of this section have general law enforcement authority to cooperate with, assist, and support local law enforcement officers in all law enforcement activities and functions.

(1) The personnel described in subsection (a) of this section have all authority and functions of other law enforcement officers in the State of Arkansas.

(2) The personnel described in subsection (a) of this section have general law enforcement authority to cooperate with, assist, and support local law enforcement officers in all law enforcement activities and functions.

(c) The personnel described in subsection (a) of this section shall: (1) Be credited with service toward maintaining and increasing certification levels for time employed at the commission or the division and the Black River Technical College Law Enforcement Training Academy; and (2) Receive credit for years of law enforcement service for time employed at the commission or the division, the Arkansas Police Corps Program at the University of Arkansas at Little Rock, or the Black River Technical College Law Enforcement Training Academy upon employment as law enforcement officers elsewhere in the State of Arkansas.

(1) Be credited with service toward maintaining and increasing certification levels for time employed at the commission or the division and the Black River Technical College Law Enforcement Training Academy; and

(2) Receive credit for years of law enforcement service for time employed at the commission or the division, the Arkansas Police Corps Program at the University of Arkansas at Little Rock, or the Black River Technical College Law Enforcement Training Academy upon employment as law enforcement officers elsewhere in the State of Arkansas.

(d) The personnel described in subsection (a) of this section: (1) Are not qualified to enroll in a different retirement system because of their classification and designation as law enforcement officers; and (2) Shall not qualify for any benefit enhancement other than that available under their current retirement system.

(1) Are not qualified to enroll in a different retirement system because of their classification and designation as law enforcement officers; and

(2) Shall not qualify for any benefit enhancement other than that available under their current retirement system.

Amended by Act 2019, No. 910,§ 5825, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 5824, eff. 7/1/2019.

Amended by Act 2017, No. 497,§ 12, eff. 8/1/2017.

Acts 1979, No. 147, § 1; A.S.A. 1947, § 42-708; Acts 1995, No. 365, § 1; 2003, No. 1051, § 1; 2005, No. 1330, § 1.
Ark. Code Ann. § 12-64-517 — AR Code / Title 12 / Chapter 64 / Subchapter 5 / Section 12-64-517
Depositions
Status: in_force

(a) (1) At any time after charges have been signed as provided herein, any party may take oral or written depositions unless an authority competent to convene a court-martial for the trial of those charges forbids it for good cause. (2) If a deposition is to be taken before charges are referred for trial, such an authority may designate commissioned officers to represent the prosecution and the defense and may authorize those officers to take the deposition of any witness. (b) The party at whose instance a deposition is to be taken shall give to every other party reasonable written notice of the time and place for taking the deposition. (c) Depositions may be taken before and authenticated by any military or civil officer authorized by the laws of the state or by the laws of the place where the deposition is taken to administer oaths. (d) A duly authenticated deposition taken upon reasonable notice to the other parties so far as otherwise admissible under the rules of evidence may be read in evidence before any court-martial or in any proceeding before a court of inquiry if it appears: (1) That the witness resides or is beyond the state in which the court-martial or court of inquiry is ordered to sit or beyond the distance of one hundred (100) miles from the place of trial or hearing; (2) That the witness by reason of death, age, sickness, bodily infirmity, imprisonment, military necessity, nonamenability to process, or other reasonable cause is unable or refuses to appear and testify in person at the place of trial or hearing; or (3) That the present whereabouts of the witness is unknown. Acts 1969, No. 50, § 95; A.S.A. 1947, § 11-650.

(a) (1) At any time after charges have been signed as provided herein, any party may take oral or written depositions unless an authority competent to convene a court-martial for the trial of those charges forbids it for good cause. (2) If a deposition is to be taken before charges are referred for trial, such an authority may designate commissioned officers to represent the prosecution and the defense and may authorize those officers to take the deposition of any witness.

(1) At any time after charges have been signed as provided herein, any party may take oral or written depositions unless an authority competent to convene a court-martial for the trial of those charges forbids it for good cause.

(2) If a deposition is to be taken before charges are referred for trial, such an authority may designate commissioned officers to represent the prosecution and the defense and may authorize those officers to take the deposition of any witness.

(b) The party at whose instance a deposition is to be taken shall give to every other party reasonable written notice of the time and place for taking the deposition.

(c) Depositions may be taken before and authenticated by any military or civil officer authorized by the laws of the state or by the laws of the place where the deposition is taken to administer oaths.

(d) A duly authenticated deposition taken upon reasonable notice to the other parties so far as otherwise admissible under the rules of evidence may be read in evidence before any court-martial or in any proceeding before a court of inquiry if it appears: (1) That the witness resides or is beyond the state in which the court-martial or court of inquiry is ordered to sit or beyond the distance of one hundred (100) miles from the place of trial or hearing; (2) That the witness by reason of death, age, sickness, bodily infirmity, imprisonment, military necessity, nonamenability to process, or other reasonable cause is unable or refuses to appear and testify in person at the place of trial or hearing; or (3) That the present whereabouts of the witness is unknown.

(1) That the witness resides or is beyond the state in which the court-martial or court of inquiry is ordered to sit or beyond the distance of one hundred (100) miles from the place of trial or hearing;

(2) That the witness by reason of death, age, sickness, bodily infirmity, imprisonment, military necessity, nonamenability to process, or other reasonable cause is unable or refuses to appear and testify in person at the place of trial or hearing; or

(3) That the present whereabouts of the witness is unknown.

Acts 1969, No. 50, § 95; A.S.A. 1947, § 11-650.
Ark. Code Ann. § 12-51-103 — AR Code / Title 12 / Chapter 51 / Subchapter 1 / Section 12-51-103
Interstate Commission for Adult Offender Supervision
Status: in_force

(a) (1) The compacting states hereby create the "Interstate Commission for Adult Offender Supervision". (2) The interstate commission shall be a body corporate and joint agency of the compacting states. (3) The interstate commission shall have all the responsibilities, powers, and duties set forth herein, including the power to sue and be sued, and such additional powers as may be conferred upon it by subsequent action of the respective legislatures of the compacting states in accordance with the terms of this compact. (b) The interstate commission shall consist of commissioners selected and appointed by resident members of a state council for interstate adult offender supervision for each state. (c) (1) In addition to the commissioners who are the voting representatives of each state, the interstate commission shall include individuals who are not commissioners but who are members of interested organizations. Such noncommissioner members must include a member of the national organizations of governors, legislators, state chief justices, attorneys general and crime victims. (2) All noncommissioner members of the interstate commission shall be ex-officio (nonvoting) members. The interstate commission may provide in its bylaws for such additional, ex-officio, nonvoting members as it deems necessary. (d) (1) Each compacting state represented at any meeting of the interstate commission is entitled to one (1) vote. (2) A majority of the compacting states shall constitute a quorum for the transaction of business, unless a larger quorum is required by the bylaws of the interstate commission. (3) The interstate commission shall meet at least once each calendar year. The chairperson may call additional meetings and, upon the request of twenty-seven (27) or more compacting states, shall call additional meetings. (4) Public notice shall be given of all meetings and meetings shall be open to the public. (e) (1) The interstate commission shall establish an executive committee which shall include commission officers, members, and others as shall be determined by the bylaws. (2) The executive committee shall have the power to act on behalf of the interstate commission during periods when the interstate commission is not in session, with the exception of rulemaking and/or amendment to the compact. (3) The executive committee oversees the day-to-day activities managed by the executive director and interstate commission staff administers enforcement and compliance with the provisions of the compact, its bylaws, and as directed by the interstate commission and performs other duties as directed by the commission or set forth in the bylaws. Acts 2001, No. 253, § 1.

(a) (1) The compacting states hereby create the "Interstate Commission for Adult Offender Supervision". (2) The interstate commission shall be a body corporate and joint agency of the compacting states. (3) The interstate commission shall have all the responsibilities, powers, and duties set forth herein, including the power to sue and be sued, and such additional powers as may be conferred upon it by subsequent action of the respective legislatures of the compacting states in accordance with the terms of this compact.

(1) The compacting states hereby create the "Interstate Commission for Adult Offender Supervision".

(2) The interstate commission shall be a body corporate and joint agency of the compacting states.

(3) The interstate commission shall have all the responsibilities, powers, and duties set forth herein, including the power to sue and be sued, and such additional powers as may be conferred upon it by subsequent action of the respective legislatures of the compacting states in accordance with the terms of this compact.

(b) The interstate commission shall consist of commissioners selected and appointed by resident members of a state council for interstate adult offender supervision for each state.

(c) (1) In addition to the commissioners who are the voting representatives of each state, the interstate commission shall include individuals who are not commissioners but who are members of interested organizations. Such noncommissioner members must include a member of the national organizations of governors, legislators, state chief justices, attorneys general and crime victims. (2) All noncommissioner members of the interstate commission shall be ex-officio (nonvoting) members. The interstate commission may provide in its bylaws for such additional, ex-officio, nonvoting members as it deems necessary.

(1) In addition to the commissioners who are the voting representatives of each state, the interstate commission shall include individuals who are not commissioners but who are members of interested organizations. Such noncommissioner members must include a member of the national organizations of governors, legislators, state chief justices, attorneys general and crime victims.

(2) All noncommissioner members of the interstate commission shall be ex-officio (nonvoting) members. The interstate commission may provide in its bylaws for such additional, ex-officio, nonvoting members as it deems necessary.

(d) (1) Each compacting state represented at any meeting of the interstate commission is entitled to one (1) vote. (2) A majority of the compacting states shall constitute a quorum for the transaction of business, unless a larger quorum is required by the bylaws of the interstate commission. (3) The interstate commission shall meet at least once each calendar year. The chairperson may call additional meetings and, upon the request of twenty-seven (27) or more compacting states, shall call additional meetings. (4) Public notice shall be given of all meetings and meetings shall be open to the public.

(1) Each compacting state represented at any meeting of the interstate commission is entitled to one (1) vote.

(2) A majority of the compacting states shall constitute a quorum for the transaction of business, unless a larger quorum is required by the bylaws of the interstate commission.

(3) The interstate commission shall meet at least once each calendar year. The chairperson may call additional meetings and, upon the request of twenty-seven (27) or more compacting states, shall call additional meetings.

(4) Public notice shall be given of all meetings and meetings shall be open to the public.

(e) (1) The interstate commission shall establish an executive committee which shall include commission officers, members, and others as shall be determined by the bylaws. (2) The executive committee shall have the power to act on behalf of the interstate commission during periods when the interstate commission is not in session, with the exception of rulemaking and/or amendment to the compact. (3) The executive committee oversees the day-to-day activities managed by the executive director and interstate commission staff administers enforcement and compliance with the provisions of the compact, its bylaws, and as directed by the interstate commission and performs other duties as directed by the commission or set forth in the bylaws.

(1) The interstate commission shall establish an executive committee which shall include commission officers, members, and others as shall be determined by the bylaws.

(2) The executive committee shall have the power to act on behalf of the interstate commission during periods when the interstate commission is not in session, with the exception of rulemaking and/or amendment to the compact.

(3) The executive committee oversees the day-to-day activities managed by the executive director and interstate commission staff administers enforcement and compliance with the provisions of the compact, its bylaws, and as directed by the interstate commission and performs other duties as directed by the commission or set forth in the bylaws.

Acts 2001, No. 253, § 1.
Ark. Code Ann. § 12-61-119 — AR Code / Title 12 / Chapter 61 / Subchapter 1 / Section 12-61-119
Credit for active federal service
Status: in_force

For all purposes under this code, members of the National Guard who entered the active military service of the United States in time of war or under a call, order, or draft by the President or who hereafter enter such service under like conditions or who enter and serve on active duty in the military service of the United States in time of peace or war and who thereafter return to the military service of the state shall be entitled to credit for time served as if such service had been rendered to the state. Acts 1969, No. 50, § 27; A.S.A. 1947, § 11-207.

For all purposes under this code, members of the National Guard who entered the active military service of the United States in time of war or under a call, order, or draft by the President or who hereafter enter such service under like conditions or who enter and serve on active duty in the military service of the United States in time of peace or war and who thereafter return to the military service of the state shall be entitled to credit for time served as if such service had been rendered to the state.

Acts 1969, No. 50, § 27; A.S.A. 1947, § 11-207.
Ark. Code Ann. § 12-10-204 — AR Code / Title 12 / Chapter 10 / Subchapter 2 / Section 12-10-204
Special conditions for use of statewide emergency frequency
Status: in_force

The following constitute conditions whereby the emergency frequency can be used if assistance from other counties or the Department of Arkansas State Police is needed: (1) A potential life or death situation such as: (A) A serious traffic accident involving personal injury; (B) Major danger to life from chemicals, explosives, gas, or nuclear or other hazardous material; or (C) Implementing rescue efforts; (2) A felony in progress or pursuing a felon or suspected felon; (3) A civil disorder; (4) A natural disaster; (5) Emergency access to the nearest national crime information center or criminal justice information system computer terminal involving information as needed for subdivision (2) of this section; or (6) A mobile unit traveling outside its assigned county for conducting official business with law enforcement agencies in that jurisdiction. Acts 1979, No. 520, § 4; A.S.A. 1947, § 42-1104.

The following constitute conditions whereby the emergency frequency can be used if assistance from other counties or the Department of Arkansas State Police is needed:

(1) A potential life or death situation such as: (A) A serious traffic accident involving personal injury; (B) Major danger to life from chemicals, explosives, gas, or nuclear or other hazardous material; or (C) Implementing rescue efforts;

(A) A serious traffic accident involving personal injury;

(B) Major danger to life from chemicals, explosives, gas, or nuclear or other hazardous material; or

(C) Implementing rescue efforts;

(2) A felony in progress or pursuing a felon or suspected felon;

(3) A civil disorder;

(4) A natural disaster;

(5) Emergency access to the nearest national crime information center or criminal justice information system computer terminal involving information as needed for subdivision (2) of this section; or

(6) A mobile unit traveling outside its assigned county for conducting official business with law enforcement agencies in that jurisdiction.

Acts 1979, No. 520, § 4; A.S.A. 1947, § 42-1104.
Ark. Code Ann. § 12-64-107 — AR Code / Title 12 / Chapter 64 / Subchapter 1 / Section 12-64-107
Code to be explained
Status: in_force

(a) (1) Sections 12-60-103 , 12-64-102 , 12-64-107 , 12-64-109 , 12-64-201 - 12-64-203 , 12-64-205 - 12-64-207 , 12-64-301 , 12-64-302 , 12-64-407 , 12-64-410 , 12-64-509 , 12-64-601 , and 12-64-801 - 12-64-848 of this code shall be carefully explained to every enlisted member at the time of his or her enlistment or transfer or induction into, or at the time of his or her order to duty in or with any of the forces of the organized militia or within thirty (30) days thereafter. (2) They shall also be explained annually to each unit of the organized militia. (b) A complete text of this code and of the rules prescribed by the Governor thereunder shall be made available to any member of the organized militia, upon his or her request, for his or her personal examination. Amended by Act 2019, No. 315,§ 948, eff. 7/24/2019. Amended by Act 2015, No. 1003,§ 7, eff. 7/22/2015. Acts 1969, No. 50, § 165; A.S.A. 1947, § 11-676.

(a) (1) Sections 12-60-103 , 12-64-102 , 12-64-107 , 12-64-109 , 12-64-201 - 12-64-203 , 12-64-205 - 12-64-207 , 12-64-301 , 12-64-302 , 12-64-407 , 12-64-410 , 12-64-509 , 12-64-601 , and 12-64-801 - 12-64-848 of this code shall be carefully explained to every enlisted member at the time of his or her enlistment or transfer or induction into, or at the time of his or her order to duty in or with any of the forces of the organized militia or within thirty (30) days thereafter. (2) They shall also be explained annually to each unit of the organized militia.

(1) Sections 12-60-103 , 12-64-102 , 12-64-107 , 12-64-109 , 12-64-201 - 12-64-203 , 12-64-205 - 12-64-207 , 12-64-301 , 12-64-302 , 12-64-407 , 12-64-410 , 12-64-509 , 12-64-601 , and 12-64-801 - 12-64-848 of this code shall be carefully explained to every enlisted member at the time of his or her enlistment or transfer or induction into, or at the time of his or her order to duty in or with any of the forces of the organized militia or within thirty (30) days thereafter.

(2) They shall also be explained annually to each unit of the organized militia.

(b) A complete text of this code and of the rules prescribed by the Governor thereunder shall be made available to any member of the organized militia, upon his or her request, for his or her personal examination.

Amended by Act 2019, No. 315,§ 948, eff. 7/24/2019.

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

Acts 1969, No. 50, § 165; A.S.A. 1947, § 11-676.
Ark. Code Ann. § 12-83-102 — AR Code / Title 12 / Chapter 83 / Section 12-83-102
Policy and purpose
Status: in_force

Because the potential for a natural, technological, or national emergency-related disaster of catastrophic proportions and devastating impact requires extensive use of highly trained and skilled personnel experienced in disaster response and recovery actions, and whereas such needs and requirements may exceed the normal forces available to the State of Arkansas to prevent death and injury to its citizens and extensive loss of property, it is found and declared necessary: (1) To establish within the Division of Emergency Management an Emergency Volunteer Reserve Cadre of persons trained and experienced in certain functions related to disaster response and recovery operations; (2) To provide authority to the Director of the Division of Emergency Management to call the emergency volunteer reserve personnel into active service upon declaration of a state of disaster emergency by the Governor or the President of the United States or when, in the opinion of the director, a pending natural, technological, or national emergency may require the immediate services of the personnel; (3) To provide the authority to the director to reimburse members of the cadre, when called to active duty, for out-of-pocket expenses for lodging, food, and travel at the current rate and under the provisions for reimbursement applicable to state employees of like grade and responsibility during the period of active service to the state; and (4) To provide to the cadre the same privileges and immunities as are applicable to state employees when performing their duties on behalf of the state. Amended by Act 2019, No. 910,§ 5913, eff. 7/1/2019. Acts 1995, No. 115, § 2; 1995, No. 169, § 2; 1999, No. 646, § 49.

Because the potential for a natural, technological, or national emergency-related disaster of catastrophic proportions and devastating impact requires extensive use of highly trained and skilled personnel experienced in disaster response and recovery actions, and whereas such needs and requirements may exceed the normal forces available to the State of Arkansas to prevent death and injury to its citizens and extensive loss of property, it is found and declared necessary:

(1) To establish within the Division of Emergency Management an Emergency Volunteer Reserve Cadre of persons trained and experienced in certain functions related to disaster response and recovery operations;

(2) To provide authority to the Director of the Division of Emergency Management to call the emergency volunteer reserve personnel into active service upon declaration of a state of disaster emergency by the Governor or the President of the United States or when, in the opinion of the director, a pending natural, technological, or national emergency may require the immediate services of the personnel;

(3) To provide the authority to the director to reimburse members of the cadre, when called to active duty, for out-of-pocket expenses for lodging, food, and travel at the current rate and under the provisions for reimbursement applicable to state employees of like grade and responsibility during the period of active service to the state; and

(4) To provide to the cadre the same privileges and immunities as are applicable to state employees when performing their duties on behalf of the state.

Amended by Act 2019, No. 910,§ 5913, eff. 7/1/2019.

Acts 1995, No. 115, § 2; 1995, No. 169, § 2; 1999, No. 646, § 49.
Ark. Code Ann. § 12-12-601 — AR Code / Title 12 / Chapter 12 / Subchapter 6 / Section 12-12-601
Penalty
Status: in_force

Any person violating any provision of this subchapter shall be guilty of a violation and shall be fined in any amount not less than ten dollars ($10.00) nor more than one hundred dollars ($100). Acts 1949, No. 258, § 3; A.S.A. 1947, § 42-503; Acts 2005, No. 1994, § 76.

Any person violating any provision of this subchapter shall be guilty of a violation and shall be fined in any amount not less than ten dollars ($10.00) nor more than one hundred dollars ($100).

Acts 1949, No. 258, § 3; A.S.A. 1947, § 42-503; Acts 2005, No. 1994, § 76.
Ark. Code Ann. § 12-8-105 — AR Code / Title 12 / Chapter 8 / Subchapter 1 / Section 12-8-105
Officers and members - Oath
Status: in_force

(a) Before entering upon their duties, all members and officers of the Division of Arkansas State Police shall take the oath as now provided by law for public officials. (b) The Director of the Division of Arkansas State Police shall take the additional oath that he or she will not be either directly or indirectly interested in any purchase made by or for the division. (c) Any violation of oath shall constitute perjury and upon conviction shall be punished accordingly. (d) The oath provided for in this section shall be filed in duplicate, the original filed with the division and a copy with the Secretary of the Arkansas State Police Commission. Amended by Act 2019, No. 910,§ 5761, eff. 7/1/2019. Acts 1945, No. 231, § 14; A.S.A. 1947, § 42-414; Acts 2001, No. 1697, § 3.

(a) Before entering upon their duties, all members and officers of the Division of Arkansas State Police shall take the oath as now provided by law for public officials.

(b) The Director of the Division of Arkansas State Police shall take the additional oath that he or she will not be either directly or indirectly interested in any purchase made by or for the division.

(c) Any violation of oath shall constitute perjury and upon conviction shall be punished accordingly.

(d) The oath provided for in this section shall be filed in duplicate, the original filed with the division and a copy with the Secretary of the Arkansas State Police Commission.

Amended by Act 2019, No. 910,§ 5761, eff. 7/1/2019.

Acts 1945, No. 231, § 14; A.S.A. 1947, § 42-414; Acts 2001, No. 1697, § 3.
Ark. Code Ann. § 12-75-139 — AR Code / Title 12 / Chapter 75 / Subchapter 1 / Section 12-75-139
Division of County Operations - Employees
Status: in_force

If a state of disaster emergency under this chapter or a federal disaster is declared, the Division of County Operations may: (1) Contract labor for periods that exceed the limitations imposed by rules adopted by the Department of Finance and Administration; and (2) Waive the limitation of one thousand five hundred (1,500) hours per state fiscal year for extra help positions under § 21-5-224 . Added by Act 2023, No. 798,§ 10, eff. 7/1/2023.

If a state of disaster emergency under this chapter or a federal disaster is declared, the Division of County Operations may:

(1) Contract labor for periods that exceed the limitations imposed by rules adopted by the Department of Finance and Administration; and

(2) Waive the limitation of one thousand five hundred (1,500) hours per state fiscal year for extra help positions under § 21-5-224 .

Added by Act 2023, No. 798,§ 10, eff. 7/1/2023.
Ark. Code Ann. § 12-41-605 — AR Code / Title 12 / Chapter 41 / Subchapter 6 / Section 12-41-605
County jail boards
Status: in_force

(a) Any county electing to issue county jail revenue bonds under the provisions of this subchapter shall, by ordinance adopted by the quorum court, establish a county jail board consisting of the county judge, the county sheriff, and the county clerk. (b) The county judge shall serve as chair of the board. (c) The board is authorized and empowered to: (1) Construct a county jail and jail facilities or provide for the expansion of the existing county jail or jail facilities on a site or sites selected by the board; (2) Arrange for the housing of prisoners during the period in which any of the facilities are undergoing construction or expansion; (3) Construct or cause to be constructed parking facilities to serve the county jail and jail facilities and the public having business therein; (4) Obtain the necessary funds for accomplishing the board's powers, purposes, and authorities; (5) Purchase, lease, or rent and receive bequests or donations of or otherwise acquire, sell, trade, or barter any real, personal, or mixed property and convert into money or property any property not needed or which cannot be used in its then current form; (6) Contract and be contracted with, apply for, receive, accept, and use any moneys and property from the United States Government, any state agency, any state or governmental body or political subdivision, any public or private corporation or organization of any nature, or any individual; (7) Invest and reinvest any of the board's moneys and securities as authorized by law; and (8) Take such other action, not inconsistent with law, as may be necessary and desirable to carry out the power, purposes, and authorities set forth in this subchapter and to carry out the intent of this subchapter. (d) The board is authorized to employ an architect to prepare the lands, specifications, and estimates of costs for the construction or expansion of the county jails and jail facilities and to supervise and inspect such construction. (e) In addition, the board is authorized to engage and pay professional, technical, and other help it shall deem to be necessary or desirable in assisting in effectively carrying out the powers, purposes, and authorities conferred and set forth in this subchapter. Acts 1981, No. 879, §§ 3, 12; A.S.A. 1947, §§ 46-431, 46-440.

(a) Any county electing to issue county jail revenue bonds under the provisions of this subchapter shall, by ordinance adopted by the quorum court, establish a county jail board consisting of the county judge, the county sheriff, and the county clerk.

(b) The county judge shall serve as chair of the board.

(c) The board is authorized and empowered to: (1) Construct a county jail and jail facilities or provide for the expansion of the existing county jail or jail facilities on a site or sites selected by the board; (2) Arrange for the housing of prisoners during the period in which any of the facilities are undergoing construction or expansion; (3) Construct or cause to be constructed parking facilities to serve the county jail and jail facilities and the public having business therein; (4) Obtain the necessary funds for accomplishing the board's powers, purposes, and authorities; (5) Purchase, lease, or rent and receive bequests or donations of or otherwise acquire, sell, trade, or barter any real, personal, or mixed property and convert into money or property any property not needed or which cannot be used in its then current form; (6) Contract and be contracted with, apply for, receive, accept, and use any moneys and property from the United States Government, any state agency, any state or governmental body or political subdivision, any public or private corporation or organization of any nature, or any individual; (7) Invest and reinvest any of the board's moneys and securities as authorized by law; and (8) Take such other action, not inconsistent with law, as may be necessary and desirable to carry out the power, purposes, and authorities set forth in this subchapter and to carry out the intent of this subchapter.

(1) Construct a county jail and jail facilities or provide for the expansion of the existing county jail or jail facilities on a site or sites selected by the board;

(2) Arrange for the housing of prisoners during the period in which any of the facilities are undergoing construction or expansion;

(3) Construct or cause to be constructed parking facilities to serve the county jail and jail facilities and the public having business therein;

(4) Obtain the necessary funds for accomplishing the board's powers, purposes, and authorities;

(5) Purchase, lease, or rent and receive bequests or donations of or otherwise acquire, sell, trade, or barter any real, personal, or mixed property and convert into money or property any property not needed or which cannot be used in its then current form;

(6) Contract and be contracted with, apply for, receive, accept, and use any moneys and property from the United States Government, any state agency, any state or governmental body or political subdivision, any public or private corporation or organization of any nature, or any individual;

(7) Invest and reinvest any of the board's moneys and securities as authorized by law; and

(8) Take such other action, not inconsistent with law, as may be necessary and desirable to carry out the power, purposes, and authorities set forth in this subchapter and to carry out the intent of this subchapter.

(d) The board is authorized to employ an architect to prepare the lands, specifications, and estimates of costs for the construction or expansion of the county jails and jail facilities and to supervise and inspect such construction.

(e) In addition, the board is authorized to engage and pay professional, technical, and other help it shall deem to be necessary or desirable in assisting in effectively carrying out the powers, purposes, and authorities conferred and set forth in this subchapter.

Acts 1981, No. 879, §§ 3, 12; A.S.A. 1947, §§ 46-431, 46-440.
Ark. Code Ann. § 12-6-802 — AR Code / Title 12 / Chapter 6 / Subchapter 8 / Section 12-6-802
Grant funding
Status: in_force

(a) (1) The Secretary of the Department of Public Safety, in consultation with the Arkansas Commission on Law Enforcement Standards and Training, shall develop grant applications to be used under this subchapter. (2) The secretary shall consult with local law enforcement agencies when determining grant eligibility requirements and criteria under this subchapter. (b) Grant awards under this subchapter: (1) Shall be premised upon identifying and encouraging the adoption of law enforcement strategies that research demonstrates can reduce different types of violent crime, as determined by the Department of Public Safety, and improve violent crime clearance rates; (2) Shall target new initiatives and strategies to combat violent crime as proposed by local law enforcement agencies; (3) May be used to provide the following for law enforcement agencies: (A) Improved investigatory resources; (B) Technical assistance; (C) Law enforcement training; (D) Law enforcement equipment; (E) Contractual support; and (F) Information systems for criminal justice purposes; and (4) May be used to increase direct services to victims of violent crime through: (A) The provision and retention of victim-witness coordinators; (B) Enhanced accessibility to services; (C) Increased awareness of victimization; and (D) Partnership with local community providers to improve support and services to victims of violent crime. (c) The secretary shall give preference to applicants that demonstrate a commitment to regional, multijurisdictional strategies to address community safety issues and to work with community-based organizations and government agencies to address violent criminal activity and improve violent crime clearance rates. (d) The department shall administer all grant awards and expenditures under this subchapter under applicable state and federal law. (e) The secretary and the department shall only be obligated to comply with this section in years in which the Violent Crime Clearance Grant Fund, § 19-5-1282 , receives at least one million dollars ($1,000,000) in funding. Added by Act 2023, No. 775,§ 1, eff. 4/12/2023.

(a) (1) The Secretary of the Department of Public Safety, in consultation with the Arkansas Commission on Law Enforcement Standards and Training, shall develop grant applications to be used under this subchapter. (2) The secretary shall consult with local law enforcement agencies when determining grant eligibility requirements and criteria under this subchapter.

(1) The Secretary of the Department of Public Safety, in consultation with the Arkansas Commission on Law Enforcement Standards and Training, shall develop grant applications to be used under this subchapter.

(2) The secretary shall consult with local law enforcement agencies when determining grant eligibility requirements and criteria under this subchapter.

(b) Grant awards under this subchapter: (1) Shall be premised upon identifying and encouraging the adoption of law enforcement strategies that research demonstrates can reduce different types of violent crime, as determined by the Department of Public Safety, and improve violent crime clearance rates; (2) Shall target new initiatives and strategies to combat violent crime as proposed by local law enforcement agencies; (3) May be used to provide the following for law enforcement agencies: (A) Improved investigatory resources; (B) Technical assistance; (C) Law enforcement training; (D) Law enforcement equipment; (E) Contractual support; and (F) Information systems for criminal justice purposes; and (4) May be used to increase direct services to victims of violent crime through: (A) The provision and retention of victim-witness coordinators; (B) Enhanced accessibility to services; (C) Increased awareness of victimization; and (D) Partnership with local community providers to improve support and services to victims of violent crime.

(1) Shall be premised upon identifying and encouraging the adoption of law enforcement strategies that research demonstrates can reduce different types of violent crime, as determined by the Department of Public Safety, and improve violent crime clearance rates;

(2) Shall target new initiatives and strategies to combat violent crime as proposed by local law enforcement agencies;

(3) May be used to provide the following for law enforcement agencies: (A) Improved investigatory resources; (B) Technical assistance; (C) Law enforcement training; (D) Law enforcement equipment; (E) Contractual support; and (F) Information systems for criminal justice purposes; and

(A) Improved investigatory resources;

(B) Technical assistance;

(C) Law enforcement training;

(D) Law enforcement equipment;

(E) Contractual support; and

(F) Information systems for criminal justice purposes; and

(4) May be used to increase direct services to victims of violent crime through: (A) The provision and retention of victim-witness coordinators; (B) Enhanced accessibility to services; (C) Increased awareness of victimization; and (D) Partnership with local community providers to improve support and services to victims of violent crime.

(A) The provision and retention of victim-witness coordinators;

(B) Enhanced accessibility to services;

(C) Increased awareness of victimization; and

(D) Partnership with local community providers to improve support and services to victims of violent crime.

(c) The secretary shall give preference to applicants that demonstrate a commitment to regional, multijurisdictional strategies to address community safety issues and to work with community-based organizations and government agencies to address violent criminal activity and improve violent crime clearance rates.

(d) The department shall administer all grant awards and expenditures under this subchapter under applicable state and federal law.

(e) The secretary and the department shall only be obligated to comply with this section in years in which the Violent Crime Clearance Grant Fund, § 19-5-1282 , receives at least one million dollars ($1,000,000) in funding.

Added by Act 2023, No. 775,§ 1, eff. 4/12/2023.
Ark. Code Ann. § 12-41-802 — AR Code / Title 12 / Chapter 41 / Subchapter 8 / Section 12-41-802
Legislative findings and determinations
Status: in_force

(a) The General Assembly finds that adequate juvenile detention facilities are essential to the safety and welfare of the people of this state. (b) It is legislatively determined that adequate juvenile detention facilities need to be made available and that a feasible and economic way of financing, constructing, acquiring, and operating the same is by authorizing cooperative endeavors for development and operation under the authority of this subchapter. Acts 1989, No. 486, § 2.

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

(b) It is legislatively determined that adequate juvenile detention facilities need to be made available and that a feasible and economic way of financing, constructing, acquiring, and operating the same is by authorizing cooperative endeavors for development and operation under the authority of this subchapter.

Acts 1989, No. 486, § 2.
Ark. Code Ann. § 12-61-108 — AR Code / Title 12 / Chapter 61 / Subchapter 1 / Section 12-61-108
Deputy adjutants general
Status: in_force

(a) (1) The Adjutant General is authorized to appoint, subject to the approval of the Governor, four (4) deputy adjutants general who will hold rank of not higher than one (1) grade below that held by the Adjutant General up to and including the rank of major general. (2) Two (2) deputy adjutants general will be Army National Guard and two (2) deputy adjutants general will be Air National Guard. (3) However, the foregoing shall not preclude the appointment of federally recognized lieutenant generals to perform the additional duties of deputy adjutants general. (b) At the time of the appointment: (1) He or she must be an officer in the active service in the Army National Guard or the Air National Guard of this state for three (3) successive years immediately preceding his or her appointment; or (2) He or she must have been in the active service in the branch or arm for which appointed of the Army National Guard or Air National Guard as a commissioned officer; or (3) If not in active National Guard service at the time of appointment, he or she must have had prior service of at least six (6) years in the branch or arm of the Army National Guard or Air National Guard of this state. (c) The deputy adjutants general must have a thorough knowledge of the organization and missions of the departments and components of the armed forces of the United States. (d) To be eligible for appointment as a Deputy Adjutant General for Air, the officer must be assigned to the Air National Guard in the rank of colonel, federally recognized. (e) He or she shall subscribe to the oath of office prescribed for members of the Arkansas Army National Guard and Air National Guard, which oath shall be deposited in the office of the Adjutant General. (f) He or she shall, during his or her term of office, be entitled to all rights, privileges, and immunities granted officers of like rank in the Arkansas National Guard. (g) He or she shall aid the Adjutant General by the performance of such duties as may be assigned to him or her. Acts 1969, No. 50, § 14; A.S.A. 1947, § 11-114; Acts 1987, No. 360, § 1; 1991, No. 510, § 1; 2007, No. 47, § 3.

(a) (1) The Adjutant General is authorized to appoint, subject to the approval of the Governor, four (4) deputy adjutants general who will hold rank of not higher than one (1) grade below that held by the Adjutant General up to and including the rank of major general. (2) Two (2) deputy adjutants general will be Army National Guard and two (2) deputy adjutants general will be Air National Guard. (3) However, the foregoing shall not preclude the appointment of federally recognized lieutenant generals to perform the additional duties of deputy adjutants general.

(1) The Adjutant General is authorized to appoint, subject to the approval of the Governor, four (4) deputy adjutants general who will hold rank of not higher than one (1) grade below that held by the Adjutant General up to and including the rank of major general.

(2) Two (2) deputy adjutants general will be Army National Guard and two (2) deputy adjutants general will be Air National Guard.

(3) However, the foregoing shall not preclude the appointment of federally recognized lieutenant generals to perform the additional duties of deputy adjutants general.

(b) At the time of the appointment: (1) He or she must be an officer in the active service in the Army National Guard or the Air National Guard of this state for three (3) successive years immediately preceding his or her appointment; or (2) He or she must have been in the active service in the branch or arm for which appointed of the Army National Guard or Air National Guard as a commissioned officer; or (3) If not in active National Guard service at the time of appointment, he or she must have had prior service of at least six (6) years in the branch or arm of the Army National Guard or Air National Guard of this state.

(1) He or she must be an officer in the active service in the Army National Guard or the Air National Guard of this state for three (3) successive years immediately preceding his or her appointment; or

(2) He or she must have been in the active service in the branch or arm for which appointed of the Army National Guard or Air National Guard as a commissioned officer; or

(3) If not in active National Guard service at the time of appointment, he or she must have had prior service of at least six (6) years in the branch or arm of the Army National Guard or Air National Guard of this state.

(c) The deputy adjutants general must have a thorough knowledge of the organization and missions of the departments and components of the armed forces of the United States.

(d) To be eligible for appointment as a Deputy Adjutant General for Air, the officer must be assigned to the Air National Guard in the rank of colonel, federally recognized.

(e) He or she shall subscribe to the oath of office prescribed for members of the Arkansas Army National Guard and Air National Guard, which oath shall be deposited in the office of the Adjutant General.

(f) He or she shall, during his or her term of office, be entitled to all rights, privileges, and immunities granted officers of like rank in the Arkansas National Guard.

(g) He or she shall aid the Adjutant General by the performance of such duties as may be assigned to him or her.

Acts 1969, No. 50, § 14; A.S.A. 1947, § 11-114; Acts 1987, No. 360, § 1; 1991, No. 510, § 1; 2007, No. 47, § 3.
Ark. Code Ann. § 12-18-305 — AR Code / Title 12 / Chapter 18 / Subchapter 3 / Section 12-18-305
Garrett's Law reports
Status: in_force

The Child Abuse Hotline shall accept a report of neglect as defined under § 12-18-103(14)(B) only if the reporter is one (1) of the following mandated reporters and the mandated reporter has reasonable cause to suspect that a child has been subjected to neglect as defined under § 12-18-103(14)(B) : (1) A licensed nurse; (2) Any medical personnel who may be engaged in the admission, examination, care, or treatment of persons; (3) An osteopath; (4) A physician; (5) A resident intern; (6) A surgeon; or (7) A social worker in a hospital. Acts 2009, No. 749, § 1.

The Child Abuse Hotline shall accept a report of neglect as defined under § 12-18-103(14)(B) only if the reporter is one (1) of the following mandated reporters and the mandated reporter has reasonable cause to suspect that a child has been subjected to neglect as defined under § 12-18-103(14)(B) :

(1) A licensed nurse;

(2) Any medical personnel who may be engaged in the admission, examination, care, or treatment of persons;

(3) An osteopath;

(4) A physician;

(5) A resident intern;

(6) A surgeon; or

(7) A social worker in a hospital.

Acts 2009, No. 749, § 1.
Ark. Code Ann. § 12-75-136 — AR Code / Title 12 / Chapter 75 / Subchapter 1 / Section 12-75-136
[Expired]
Status: repealed

Added by Act 2021, No. 510,§ 1, eff. 4/1/2021. Expired 5/1/2023by its own provisions.
Ark. Code Ann. § 12-1-101 — AR Code / Title 12 / Chapter 1 / Section 12-1-101
Recidivism reporting - Definition
Status: in_force

(a) As used in this section, "recidivism" means a criminal act that results in the rearrest, reconviction, or return to incarceration of a person with or without a new sentence during a three-year period following the person's release from custody. (b) An entity that makes a recidivism report under this title shall use the definition of recidivism in this section for purposes of the recidivism report. Added by Act 2013, No. 1030,§ 2, eff. 8/16/2013.

(a) As used in this section, "recidivism" means a criminal act that results in the rearrest, reconviction, or return to incarceration of a person with or without a new sentence during a three-year period following the person's release from custody.

(b) An entity that makes a recidivism report under this title shall use the definition of recidivism in this section for purposes of the recidivism report.

Added by Act 2013, No. 1030,§ 2, eff. 8/16/2013.
Ark. Code Ann. § 12-41-202 — AR Code / Title 12 / Chapter 41 / Subchapter 2 / Section 12-41-202
Authority to contract - Prerequisites
Status: in_force

(a) A county in this state and a municipality in that county, both located on the state line, may contract with an adjoining county and any municipality in that county located on the other side of the state line for the joint construction, financing, operation, and management of a justice center to be located on the state line. (b) A county and a municipality in this state may contract with a county and a municipality in an adjoining state as provided by subsection (a) of this section and § 12-41-204 only if the other state enacts legislation relating to the establishment of a justice center pursuant to a contract as provided in those sections that: (1) Provides for joint responsibility of the county sheriffs of the two (2) counties over the operation of a jail, lockup, or other detention facility in the center and persons in custody in the facility or for the hiring of a jailer with those responsibilities; (2) Provides for the application and enforcement of the law of both states in the manner provided by § 12-41-206 ; (3) Provides that a person in custody in the center under Arkansas law may be prosecuted for an offense against Arkansas law without extradition of that person, as provided by § 12-41-208 ; (4) Provides that a person in custody in the center under Arkansas law may not be prosecuted for an offense against the law of the other state without extradition of that person or personally served with process in the center for a proceeding in the other state; (5) Provides that a person summoned to appear in the center under Arkansas law may not be personally served with process in any part of the center for a proceeding in the other state and may be arrested in any part of the center for an offense against Arkansas law and prosecuted for that offense without extradition of the person if the person is physically present in any part of the center or in Arkansas at the time of the prosecution, as provided by § 12-41-209 ; (6) Provides that a person summoned to appear in the center under Arkansas law may not be arrested in any part of the center for an offense against the law of the other state; (7) Provides that center personnel or a peace officer of either state may transfer across the state line in the center a person in custody in the center under the law of either state and may exercise control over that person on both sides of the state line in the center, as provided by § 12-41-208 ; (8) Provides that a person in the center who is not confined in the center, taken to the center under arrest, or summoned to appear in the center, may be arrested in any part of the center for an offense against the laws of either state without extradition of that person, and that extradition of a person who was arrested in the center under those circumstances is not required in order for the person to be prosecuted for an offense against the law of either state if the person is physically present in any part of the center or the state of the prosecution at the time of the prosecution, as provided by § 12-41-208 ; (9) Authorizes a peace officer of either state, under Arkansas law, to arrest a person in any part of the center for an offense against Arkansas law if a peace officer of Arkansas would be authorized to make that arrest in the part of the center in Arkansas as provided by § 12-41-210 ; and (10) Authorizes a peace officer of either state, under the law of the other state, to arrest a person in any part of the center for an offense against the law of the other state if a peace officer of the other state would be authorized to make that arrest in the part of the center in the other state, as provided by § 12-41-210 . Acts 1981, No. 696, §§ 2, 9; A.S.A. 1947, §§ 46-1602, 46-1609.

(a) A county in this state and a municipality in that county, both located on the state line, may contract with an adjoining county and any municipality in that county located on the other side of the state line for the joint construction, financing, operation, and management of a justice center to be located on the state line.

(b) A county and a municipality in this state may contract with a county and a municipality in an adjoining state as provided by subsection (a) of this section and § 12-41-204 only if the other state enacts legislation relating to the establishment of a justice center pursuant to a contract as provided in those sections that: (1) Provides for joint responsibility of the county sheriffs of the two (2) counties over the operation of a jail, lockup, or other detention facility in the center and persons in custody in the facility or for the hiring of a jailer with those responsibilities; (2) Provides for the application and enforcement of the law of both states in the manner provided by § 12-41-206 ; (3) Provides that a person in custody in the center under Arkansas law may be prosecuted for an offense against Arkansas law without extradition of that person, as provided by § 12-41-208 ; (4) Provides that a person in custody in the center under Arkansas law may not be prosecuted for an offense against the law of the other state without extradition of that person or personally served with process in the center for a proceeding in the other state; (5) Provides that a person summoned to appear in the center under Arkansas law may not be personally served with process in any part of the center for a proceeding in the other state and may be arrested in any part of the center for an offense against Arkansas law and prosecuted for that offense without extradition of the person if the person is physically present in any part of the center or in Arkansas at the time of the prosecution, as provided by § 12-41-209 ; (6) Provides that a person summoned to appear in the center under Arkansas law may not be arrested in any part of the center for an offense against the law of the other state; (7) Provides that center personnel or a peace officer of either state may transfer across the state line in the center a person in custody in the center under the law of either state and may exercise control over that person on both sides of the state line in the center, as provided by § 12-41-208 ; (8) Provides that a person in the center who is not confined in the center, taken to the center under arrest, or summoned to appear in the center, may be arrested in any part of the center for an offense against the laws of either state without extradition of that person, and that extradition of a person who was arrested in the center under those circumstances is not required in order for the person to be prosecuted for an offense against the law of either state if the person is physically present in any part of the center or the state of the prosecution at the time of the prosecution, as provided by § 12-41-208 ; (9) Authorizes a peace officer of either state, under Arkansas law, to arrest a person in any part of the center for an offense against Arkansas law if a peace officer of Arkansas would be authorized to make that arrest in the part of the center in Arkansas as provided by § 12-41-210 ; and (10) Authorizes a peace officer of either state, under the law of the other state, to arrest a person in any part of the center for an offense against the law of the other state if a peace officer of the other state would be authorized to make that arrest in the part of the center in the other state, as provided by § 12-41-210 .

(1) Provides for joint responsibility of the county sheriffs of the two (2) counties over the operation of a jail, lockup, or other detention facility in the center and persons in custody in the facility or for the hiring of a jailer with those responsibilities;

(2) Provides for the application and enforcement of the law of both states in the manner provided by § 12-41-206 ;

(3) Provides that a person in custody in the center under Arkansas law may be prosecuted for an offense against Arkansas law without extradition of that person, as provided by § 12-41-208 ;

(4) Provides that a person in custody in the center under Arkansas law may not be prosecuted for an offense against the law of the other state without extradition of that person or personally served with process in the center for a proceeding in the other state;

(5) Provides that a person summoned to appear in the center under Arkansas law may not be personally served with process in any part of the center for a proceeding in the other state and may be arrested in any part of the center for an offense against Arkansas law and prosecuted for that offense without extradition of the person if the person is physically present in any part of the center or in Arkansas at the time of the prosecution, as provided by § 12-41-209 ;

(6) Provides that a person summoned to appear in the center under Arkansas law may not be arrested in any part of the center for an offense against the law of the other state;

(7) Provides that center personnel or a peace officer of either state may transfer across the state line in the center a person in custody in the center under the law of either state and may exercise control over that person on both sides of the state line in the center, as provided by § 12-41-208 ;

(8) Provides that a person in the center who is not confined in the center, taken to the center under arrest, or summoned to appear in the center, may be arrested in any part of the center for an offense against the laws of either state without extradition of that person, and that extradition of a person who was arrested in the center under those circumstances is not required in order for the person to be prosecuted for an offense against the law of either state if the person is physically present in any part of the center or the state of the prosecution at the time of the prosecution, as provided by § 12-41-208 ;

(9) Authorizes a peace officer of either state, under Arkansas law, to arrest a person in any part of the center for an offense against Arkansas law if a peace officer of Arkansas would be authorized to make that arrest in the part of the center in Arkansas as provided by § 12-41-210 ; and

(10) Authorizes a peace officer of either state, under the law of the other state, to arrest a person in any part of the center for an offense against the law of the other state if a peace officer of the other state would be authorized to make that arrest in the part of the center in the other state, as provided by § 12-41-210 .

Acts 1981, No. 696, §§ 2, 9; A.S.A. 1947, §§ 46-1602, 46-1609.
Ark. Code Ann. § 12-41-809 — AR Code / Title 12 / Chapter 41 / Subchapter 8 / Section 12-41-809
Juvenile detention centers or facilities
Status: in_force

(a) Juvenile detention centers or juvenile detention facilities shall operate to provide pretrial detention and short term sanctions as provided for in § 9-27-330 . (b) The Division of Youth Services of the Department of Human Services has no obligation to utilize or fund juvenile detention centers or juvenile detention facilities. Acts 2001, No. 1468, § 3.

(a) Juvenile detention centers or juvenile detention facilities shall operate to provide pretrial detention and short term sanctions as provided for in § 9-27-330 .

(b) The Division of Youth Services of the Department of Human Services has no obligation to utilize or fund juvenile detention centers or juvenile detention facilities.

Acts 2001, No. 1468, § 3.
Ark. Code Ann. § 12-13-116 — AR Code / Title 12 / Chapter 13 / Subchapter 1 / Section 12-13-116
[Repealed]
Status: repealed

Repealed by Act 2023, No. 841,§ 19, eff. 7/1/2023. Acts 1955, No. 254, § 10; A.S.A. 1947, § 82-815.

Repealed by Act 2023, No. 841,§ 19, eff. 7/1/2023.

Acts 1955, No. 254, § 10; A.S.A. 1947, § 82-815.
Ark. Code Ann. § 12-9-403 — AR Code / Title 12 / Chapter 9 / Subchapter 4 / Section 12-9-403
Appointment and training
Status: in_force

(a) A person shall not be appointed as a police traffic radar operator or police traffic radar instructor until the minimum standards for training requirements have been completed. (b) The training requirements for police traffic radar operators or police traffic radar instructors shall be established by the Arkansas Commission on Law Enforcement Standards and Training. (c) The commission shall issue a certificate evidencing a law enforcement officer's certification to operate a police traffic radar after evidence is submitted by the law enforcement agency director, chief, or county sheriff that the police traffic radar operator has met the training requirements. (d) This section does not preclude any law enforcement agency from establishing qualifications and standards for appointing and training of police traffic radar operators and police traffic radar instructors that exceed those set by this subchapter or by the commission. (e) A police traffic radar operator or police traffic radar instructor failing to meet the training requirements as set forth in this subchapter shall lose his or her authority to operate a police traffic radar for enforcement purposes. (f) A law enforcement officer shall complete the commission-required training for law enforcement officer certification before being eligible for certification as a police traffic radar operator. (g) Only a full-time law enforcement officer, part-time law enforcement officer, or an auxiliary law enforcement officer appointed as a reserve law enforcement officer as defined by commission rule is eligible for certification as a police traffic radar operator. Amended by Act 2019, No. 151,§ 7, eff. 7/24/2019. Acts 1983, No. 672, § 4; A.S.A. 1947, § 42-1013; Acts 1997, No. 734, § 1; 2005, No. 1962, § 28; 2011, No. 1240, § 3.

(a) A person shall not be appointed as a police traffic radar operator or police traffic radar instructor until the minimum standards for training requirements have been completed.

(b) The training requirements for police traffic radar operators or police traffic radar instructors shall be established by the Arkansas Commission on Law Enforcement Standards and Training.

(c) The commission shall issue a certificate evidencing a law enforcement officer's certification to operate a police traffic radar after evidence is submitted by the law enforcement agency director, chief, or county sheriff that the police traffic radar operator has met the training requirements.

(d) This section does not preclude any law enforcement agency from establishing qualifications and standards for appointing and training of police traffic radar operators and police traffic radar instructors that exceed those set by this subchapter or by the commission.

(e) A police traffic radar operator or police traffic radar instructor failing to meet the training requirements as set forth in this subchapter shall lose his or her authority to operate a police traffic radar for enforcement purposes.

(f) A law enforcement officer shall complete the commission-required training for law enforcement officer certification before being eligible for certification as a police traffic radar operator.

(g) Only a full-time law enforcement officer, part-time law enforcement officer, or an auxiliary law enforcement officer appointed as a reserve law enforcement officer as defined by commission rule is eligible for certification as a police traffic radar operator.

Amended by Act 2019, No. 151,§ 7, eff. 7/24/2019.

Acts 1983, No. 672, § 4; A.S.A. 1947, § 42-1013; Acts 1997, No. 734, § 1; 2005, No. 1962, § 28; 2011, No. 1240, § 3.
Ark. Code Ann. § 12-84-106 — AR Code / Title 12 / Chapter 84 / Section 12-84-106
Fees
Status: in_force

(a) (1) Each facility required to report to the State Hazardous Materials Emergency Response Commission under the provisions of 42 U.S.C. §§ 11022 and 11023 , shall pay the following annual fees to the State Office of Hazardous Materials Emergency Management: (A) For each facility required to file one (1) or more hazardous chemical inventory reports under 42 U.S.C. § 11022 , an annual fee of fifty dollars ($50.00), and an additional fee of ten dollars ($10.00) for each report filed annually, with a maximum limit of one thousand dollars ($1,000) annually for each reporting facility; and (B) For each facility required to file one (1) or more toxic chemical release forms under the provisions of 42 U.S.C. § 11023 , an annual fee of three hundred dollars ($300) and an additional fee of fifty dollars ($50.00) for each report, with a maximum limit of one thousand dollars ($1,000) annually for each reporting facility. (2) Any business or other outlet which sells gasoline, diesel, and other motor fuel only at retail to the public shall be exempt from paying the fees outlined in this subsection. (b) The commission shall periodically assess the adequacy of the fees established in this section, and may, through the public hearing process, modify the fees imposed for each individual report, not to exceed the stated maximum limit for each reporting facility as indicated in subsection (a) of this section. (c) Reports under the provisions of 42 U.S.C. §§ 11022 and 11023 shall be submitted to the office in accordance with, and within the specified time frames of the the Emergency Planning and Community Right-to-Know Act of 1986, 42 U.S.C. § 11001 et seq., and shall include a company check issued by the facility or its parent corporation for the appropriate amount of each submission, as specified in this section, and the check shall be made payable to the office. (d) Any facility or person failing to provide the reports and pay the fees, as specified in this section, shall be liable for civil penalties in such amount as the office shall find appropriate, not to exceed ten thousand dollars ($10,000) per violation, and for payment of any expenses reasonably incurred by the state therefrom. Amended by Act 2015, No. 944,§ 1, eff. 7/22/2015. Amended by Act 2013, No. 996,§ 1, eff. 8/16/2013. Acts 1995, No. 634, § 5.

(a) (1) Each facility required to report to the State Hazardous Materials Emergency Response Commission under the provisions of 42 U.S.C. §§ 11022 and 11023 , shall pay the following annual fees to the State Office of Hazardous Materials Emergency Management: (A) For each facility required to file one (1) or more hazardous chemical inventory reports under 42 U.S.C. § 11022 , an annual fee of fifty dollars ($50.00), and an additional fee of ten dollars ($10.00) for each report filed annually, with a maximum limit of one thousand dollars ($1,000) annually for each reporting facility; and (B) For each facility required to file one (1) or more toxic chemical release forms under the provisions of 42 U.S.C. § 11023 , an annual fee of three hundred dollars ($300) and an additional fee of fifty dollars ($50.00) for each report, with a maximum limit of one thousand dollars ($1,000) annually for each reporting facility. (2) Any business or other outlet which sells gasoline, diesel, and other motor fuel only at retail to the public shall be exempt from paying the fees outlined in this subsection.

(1) Each facility required to report to the State Hazardous Materials Emergency Response Commission under the provisions of 42 U.S.C. §§ 11022 and 11023 , shall pay the following annual fees to the State Office of Hazardous Materials Emergency Management: (A) For each facility required to file one (1) or more hazardous chemical inventory reports under 42 U.S.C. § 11022 , an annual fee of fifty dollars ($50.00), and an additional fee of ten dollars ($10.00) for each report filed annually, with a maximum limit of one thousand dollars ($1,000) annually for each reporting facility; and (B) For each facility required to file one (1) or more toxic chemical release forms under the provisions of 42 U.S.C. § 11023 , an annual fee of three hundred dollars ($300) and an additional fee of fifty dollars ($50.00) for each report, with a maximum limit of one thousand dollars ($1,000) annually for each reporting facility.

(A) For each facility required to file one (1) or more hazardous chemical inventory reports under 42 U.S.C. § 11022 , an annual fee of fifty dollars ($50.00), and an additional fee of ten dollars ($10.00) for each report filed annually, with a maximum limit of one thousand dollars ($1,000) annually for each reporting facility; and

(B) For each facility required to file one (1) or more toxic chemical release forms under the provisions of 42 U.S.C. § 11023 , an annual fee of three hundred dollars ($300) and an additional fee of fifty dollars ($50.00) for each report, with a maximum limit of one thousand dollars ($1,000) annually for each reporting facility.

(2) Any business or other outlet which sells gasoline, diesel, and other motor fuel only at retail to the public shall be exempt from paying the fees outlined in this subsection.

(b) The commission shall periodically assess the adequacy of the fees established in this section, and may, through the public hearing process, modify the fees imposed for each individual report, not to exceed the stated maximum limit for each reporting facility as indicated in subsection (a) of this section.

(c) Reports under the provisions of 42 U.S.C. §§ 11022 and 11023 shall be submitted to the office in accordance with, and within the specified time frames of the the Emergency Planning and Community Right-to-Know Act of 1986, 42 U.S.C. § 11001 et seq., and shall include a company check issued by the facility or its parent corporation for the appropriate amount of each submission, as specified in this section, and the check shall be made payable to the office.

(d) Any facility or person failing to provide the reports and pay the fees, as specified in this section, shall be liable for civil penalties in such amount as the office shall find appropriate, not to exceed ten thousand dollars ($10,000) per violation, and for payment of any expenses reasonably incurred by the state therefrom.

Amended by Act 2015, No. 944,§ 1, eff. 7/22/2015.

Amended by Act 2013, No. 996,§ 1, eff. 8/16/2013.

Acts 1995, No. 634, § 5.
Ark. Code Ann. § 12-18-107 — AR Code / Title 12 / Chapter 18 / Subchapter 1 / Section 12-18-107
Liability
Status: in_force

(a) A person or agency required by this chapter to report suspected child maltreatment who acts in good faith in making notification, the taking of a photograph or radiological test, or the removal of a child while exercising a seventy-two-hour hold is immune to suit and to civil and criminal liability. (b) If acting in good faith, a person making notification not named in this section is immune from liability. (c) A publicly supported school, facility, or institution acting in good faith by cooperating with the investigative agency under this chapter shall be immune from civil and criminal liability. Acts 2009, No. 749, § 1.

(a) A person or agency required by this chapter to report suspected child maltreatment who acts in good faith in making notification, the taking of a photograph or radiological test, or the removal of a child while exercising a seventy-two-hour hold is immune to suit and to civil and criminal liability.

(b) If acting in good faith, a person making notification not named in this section is immune from liability.

(c) A publicly supported school, facility, or institution acting in good faith by cooperating with the investigative agency under this chapter shall be immune from civil and criminal liability.

Acts 2009, No. 749, § 1.
Ark. Code Ann. § 12-12-1101 — AR Code / Title 12 / Chapter 12 / Subchapter 11 / Section 12-12-1101
Title
Status: in_force

This subchapter shall be known and may be cited as the "State Convicted Offender DNA Data Base Act". Acts 1997, No. 737, § 1; 2003, No. 1470, § 1.

This subchapter shall be known and may be cited as the "State Convicted Offender DNA Data Base Act".

Acts 1997, No. 737, § 1; 2003, No. 1470, § 1.
Ark. Code Ann. § 12-12-1901 — AR Code / Title 12 / Chapter 12 / Subchapter 19 / Section 12-12-1901
Definitions
Status: in_force

As used in this subchapter: (1) "Commercial mobile radio service" means a commercial mobile service under 47 U.S.C. § 151 et seq., Federal Communications Commission rules, and the Omnibus Budget Reconciliation Act of 1993, Pub. L. No. 103-66; (2) "Contact information" means the name of a person or a compilation of names of persons who can immediately respond to and facilitate a request for location information from a public safety agency at any time; (3) "Geolocation" means the identification or estimation of a geographic location of an internet-enabled device connected to a computer network; (4) "Internet protocol (IP) address" means a numerical label assigned to each device connected to a computer network that uses internet protocol for communication; (5) "Law enforcement agency" means the Division of Arkansas State Police, the Attorney General's office, a prosecuting attorney's office, a county sheriff's department, a municipal police department, or a state agency with a law enforcement division; (6) "Location information" means cell site or other geographic location estimate information in possession of a commercial mobile radio service provider; and (7) "Public safety agency" means an agency that provides firefighting, law enforcement, medical, or other emergency services. Amended by Act 2019, No. 584,§ 1, eff. 7/24/2019. Added by Act 2015, No. 405,§ 1, eff. 7/22/2015.

As used in this subchapter:

(1) "Commercial mobile radio service" means a commercial mobile service under 47 U.S.C. § 151 et seq., Federal Communications Commission rules, and the Omnibus Budget Reconciliation Act of 1993, Pub. L. No. 103-66;

(2) "Contact information" means the name of a person or a compilation of names of persons who can immediately respond to and facilitate a request for location information from a public safety agency at any time;

(3) "Geolocation" means the identification or estimation of a geographic location of an internet-enabled device connected to a computer network;

(4) "Internet protocol (IP) address" means a numerical label assigned to each device connected to a computer network that uses internet protocol for communication;

(5) "Law enforcement agency" means the Division of Arkansas State Police, the Attorney General's office, a prosecuting attorney's office, a county sheriff's department, a municipal police department, or a state agency with a law enforcement division;

(6) "Location information" means cell site or other geographic location estimate information in possession of a commercial mobile radio service provider; and

(7) "Public safety agency" means an agency that provides firefighting, law enforcement, medical, or other emergency services.

Amended by Act 2019, No. 584,§ 1, eff. 7/24/2019.

Added by Act 2015, No. 405,§ 1, eff. 7/22/2015.
Ark. Code Ann. § 12-12-920 — AR Code / Title 12 / Chapter 12 / Subchapter 9 / Section 12-12-920
Immunity from civil liability
Status: in_force

(a) Public officials, public employees, and public agencies are immune from civil liability for good faith conduct under this subchapter. (b) Nothing in this subchapter shall be deemed to impose any liability upon or to give rise to a cause of action against any public official, public employee, or public agency for any discretionary decision to release relevant and necessary information, unless it is shown that the public official, public employee, or public agency acted with gross negligence or in bad faith. (c) The provisions of this section shall also apply to persons or organizations assisting a public official, public employee, or public agency in performing official duties upon a written request to assist them by the public official, public employee, or public agency. Acts 1997, No. 989, § 20; 1999, No. 1353, § 14.

(a) Public officials, public employees, and public agencies are immune from civil liability for good faith conduct under this subchapter.

(b) Nothing in this subchapter shall be deemed to impose any liability upon or to give rise to a cause of action against any public official, public employee, or public agency for any discretionary decision to release relevant and necessary information, unless it is shown that the public official, public employee, or public agency acted with gross negligence or in bad faith.

(c) The provisions of this section shall also apply to persons or organizations assisting a public official, public employee, or public agency in performing official duties upon a written request to assist them by the public official, public employee, or public agency.

Acts 1997, No. 989, § 20; 1999, No. 1353, § 14.
Ark. Code Ann. § 12-51-403 — AR Code / Title 12 / Chapter 51 / Subchapter 4 / Section 12-51-403
Enforcement
Status: in_force

The Interstate Commission for Adult Offender Supervision in the reasonable exercise of its discretion shall enforce the provisions of this compact using any or all means set forth in Article XII, Section B, i.e., § 12-51-602 , of this compact. Acts 2001, No. 253, § 1.

The Interstate Commission for Adult Offender Supervision in the reasonable exercise of its discretion shall enforce the provisions of this compact using any or all means set forth in Article XII, Section B, i.e., § 12-51-602 , of this compact.

Acts 2001, No. 253, § 1.
Ark. Code Ann. § 12-29-114 — AR Code / Title 12 / Chapter 29 / Subchapter 1 / Section 12-29-114
Notice of escape to victim or victim's next of kin
Status: in_force

(a) (1) Whenever an inmate serving a sentence for the commission of a crime escapes from the custody of the Division of Correction, it shall be the responsibility of the division to immediately notify the victim of the crime or the victim's next of kin of the inmate's escape. (2) However, the victim of the crime or the victim's next of kin will not be notified by the division unless a request for the notification has previously been delivered in writing to the division. (b) (1) When notice of an escape is given by the division, it shall be conveyed by telephone whenever possible and otherwise in writing to the last known address of the victim or the victim's next of kin. (2) It shall be the responsibility of the victim or the victim's next of kin to notify the division in writing of any future changes in the victim's or victim's next of kin address and telephone number. (c) It shall be the responsibility of the prosecuting attorney of the county from which the inmate was committed to notify the victim or the victim's next of kin that an address and telephone number may be provided to the division, and the procedure by which to supply information, for the purpose of notification should the inmate escape. Amended by Act 2019, No. 910,§ 791, eff. 7/1/2019. Acts 1985, No. 428, §§ 1-3; 1985, No. 470, §§ 1-3; A.S.A. 1947, §§ 46-161.1 -- 46-161.3.

(a) (1) Whenever an inmate serving a sentence for the commission of a crime escapes from the custody of the Division of Correction, it shall be the responsibility of the division to immediately notify the victim of the crime or the victim's next of kin of the inmate's escape. (2) However, the victim of the crime or the victim's next of kin will not be notified by the division unless a request for the notification has previously been delivered in writing to the division.

(1) Whenever an inmate serving a sentence for the commission of a crime escapes from the custody of the Division of Correction, it shall be the responsibility of the division to immediately notify the victim of the crime or the victim's next of kin of the inmate's escape.

(2) However, the victim of the crime or the victim's next of kin will not be notified by the division unless a request for the notification has previously been delivered in writing to the division.

(b) (1) When notice of an escape is given by the division, it shall be conveyed by telephone whenever possible and otherwise in writing to the last known address of the victim or the victim's next of kin. (2) It shall be the responsibility of the victim or the victim's next of kin to notify the division in writing of any future changes in the victim's or victim's next of kin address and telephone number.

(1) When notice of an escape is given by the division, it shall be conveyed by telephone whenever possible and otherwise in writing to the last known address of the victim or the victim's next of kin.

(2) It shall be the responsibility of the victim or the victim's next of kin to notify the division in writing of any future changes in the victim's or victim's next of kin address and telephone number.

(c) It shall be the responsibility of the prosecuting attorney of the county from which the inmate was committed to notify the victim or the victim's next of kin that an address and telephone number may be provided to the division, and the procedure by which to supply information, for the purpose of notification should the inmate escape.

Amended by Act 2019, No. 910,§ 791, eff. 7/1/2019.

Acts 1985, No. 428, §§ 1-3; 1985, No. 470, §§ 1-3; A.S.A. 1947, §§ 46-161.1 -- 46-161.3.
Ark. Code Ann. § 12-9-304 — AR Code / Title 12 / Chapter 9 / Subchapter 3 / Section 12-9-304
Appointment and training requirements
Status: in_force

(a) (1) A person shall not function as an auxiliary law enforcement officer until the minimum standards for appointment and training requirements have been completed. (2) An auxiliary law enforcement officer who has not met the minimum standards for appointment and training requirements shall have no law enforcement authority except that which is authorized for a private citizen. (b) All persons who are serving as auxiliary law enforcement officers prior to March 24, 1983, are exempt from meeting the appointment requirements. (c) The training requirements for auxiliary law enforcement officers shall be established by the Arkansas Commission on Law Enforcement Standards and Training, and the basic training course shall not exceed the part-time law enforcement officers' training requirements. (d) Honorary police officers are exempt from the provisions of this subchapter. (e) The commission may issue a certificate evidencing satisfactory completion of the requirements of this subchapter when evidence is submitted by the law enforcement agency director, chief, or county sheriff that the auxiliary law enforcement officer has met the training and selection requirements. (f) (1) The appointing law enforcement agency shall provide not less than one hundred ten (110) hours of commission-approved law enforcement training, which shall include a firearms qualification course equivalent to the firearms qualification requirements for a full-time law enforcement officer, and an auxiliary law enforcement officer shall not bear a firearm until having successfully completed the commission-approved law enforcement training. (2) An auxiliary law enforcement officer is not required to requalify for firearms qualification beyond what a full-time law enforcement officer is required to complete for requalification for the purposes of carrying a concealed handgun while the auxiliary law enforcement officer remains appointed as an auxiliary law enforcement officer. (g) Nothing in this section shall be construed to preclude any law enforcement agency from establishing qualifications and standards for appointing and training of auxiliary law enforcement officers that exceed those set by this subchapter or by the commission. (h) Any auxiliary law enforcement officer failing to meet the training requirements as set forth in this subchapter shall lose his or her appointment as auxiliary law enforcement officer and shall not be reappointed until training requirements have been met. (i) No person may be appointed or serve as an auxiliary law enforcement officer if the person has been convicted by a state or by the federal government of a crime, the punishment for which could have been imprisonment in a federal penitentiary or a state prison. (j) Every person appointed or serving as an auxiliary law enforcement officer shall be a citizen of the United States and shall be at least twenty-one (21) years of age. Amended by Act 2019, No. 151,§ 4, eff. 7/24/2019. Amended by Act 2017, No. 957,§ 3, eff. 8/1/2017. Amended by Act 2017, No. 497,§ 18, eff. 8/1/2017. Acts 1983, No. 757, § 4; A.S.A. 1947, § 42-1404.

(a) (1) A person shall not function as an auxiliary law enforcement officer until the minimum standards for appointment and training requirements have been completed. (2) An auxiliary law enforcement officer who has not met the minimum standards for appointment and training requirements shall have no law enforcement authority except that which is authorized for a private citizen.

(1) A person shall not function as an auxiliary law enforcement officer until the minimum standards for appointment and training requirements have been completed.

(2) An auxiliary law enforcement officer who has not met the minimum standards for appointment and training requirements shall have no law enforcement authority except that which is authorized for a private citizen.

(b) All persons who are serving as auxiliary law enforcement officers prior to March 24, 1983, are exempt from meeting the appointment requirements.

(c) The training requirements for auxiliary law enforcement officers shall be established by the Arkansas Commission on Law Enforcement Standards and Training, and the basic training course shall not exceed the part-time law enforcement officers' training requirements.

(d) Honorary police officers are exempt from the provisions of this subchapter.

(e) The commission may issue a certificate evidencing satisfactory completion of the requirements of this subchapter when evidence is submitted by the law enforcement agency director, chief, or county sheriff that the auxiliary law enforcement officer has met the training and selection requirements.

(f) (1) The appointing law enforcement agency shall provide not less than one hundred ten (110) hours of commission-approved law enforcement training, which shall include a firearms qualification course equivalent to the firearms qualification requirements for a full-time law enforcement officer, and an auxiliary law enforcement officer shall not bear a firearm until having successfully completed the commission-approved law enforcement training. (2) An auxiliary law enforcement officer is not required to requalify for firearms qualification beyond what a full-time law enforcement officer is required to complete for requalification for the purposes of carrying a concealed handgun while the auxiliary law enforcement officer remains appointed as an auxiliary law enforcement officer.

(1) The appointing law enforcement agency shall provide not less than one hundred ten (110) hours of commission-approved law enforcement training, which shall include a firearms qualification course equivalent to the firearms qualification requirements for a full-time law enforcement officer, and an auxiliary law enforcement officer shall not bear a firearm until having successfully completed the commission-approved law enforcement training.

(2) An auxiliary law enforcement officer is not required to requalify for firearms qualification beyond what a full-time law enforcement officer is required to complete for requalification for the purposes of carrying a concealed handgun while the auxiliary law enforcement officer remains appointed as an auxiliary law enforcement officer.

(g) Nothing in this section shall be construed to preclude any law enforcement agency from establishing qualifications and standards for appointing and training of auxiliary law enforcement officers that exceed those set by this subchapter or by the commission.

(h) Any auxiliary law enforcement officer failing to meet the training requirements as set forth in this subchapter shall lose his or her appointment as auxiliary law enforcement officer and shall not be reappointed until training requirements have been met.

(i) No person may be appointed or serve as an auxiliary law enforcement officer if the person has been convicted by a state or by the federal government of a crime, the punishment for which could have been imprisonment in a federal penitentiary or a state prison.

(j) Every person appointed or serving as an auxiliary law enforcement officer shall be a citizen of the United States and shall be at least twenty-one (21) years of age.

Amended by Act 2019, No. 151,§ 4, eff. 7/24/2019.

Amended by Act 2017, No. 957,§ 3, eff. 8/1/2017.

Amended by Act 2017, No. 497,§ 18, eff. 8/1/2017.

Acts 1983, No. 757, § 4; A.S.A. 1947, § 42-1404.
Ark. Code Ann. § 12-10-315 — AR Code / Title 12 / Chapter 10 / Subchapter 3 / Section 12-10-315
[Repealed]
Status: repealed

Repealed by Act 2019, No. 660,§ 3, eff. 7/24/2019. Acts 1985, No. 683, § 10; A.S.A. 1947, § 73-1831.

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

Acts 1985, No. 683, § 10; A.S.A. 1947, § 73-1831.
Ark. Code Ann. § 12-18-603 — AR Code / Title 12 / Chapter 18 / Subchapter 6 / Section 12-18-603
Accompaniment by law enforcement
Status: in_force

Upon request, law enforcement shall accompany a person conducting an investigation required by this chapter. Acts 2009, No. 749, § 1.

Upon request, law enforcement shall accompany a person conducting an investigation required by this chapter.

Acts 2009, No. 749, § 1.
Ark. Code Ann. § 12-64-801 — AR Code / Title 12 / Chapter 64 / Subchapter 8 / Section 12-64-801
Persons to be tried or punished
Status: in_force

A person shall not be tried or punished for any offense provided for in this code unless the offense was committed while in a duty status or in conjunction with a fraudulent or unlawful enlistment or appointment. Amended by Act 2015, No. 1003,§ 33, eff. 7/22/2015. Acts 1969, No. 50, § 119; A.S.A. 1947, § 11-701.

A person shall not be tried or punished for any offense provided for in this code unless the offense was committed while in a duty status or in conjunction with a fraudulent or unlawful enlistment or appointment.

Amended by Act 2015, No. 1003,§ 33, eff. 7/22/2015.

Acts 1969, No. 50, § 119; A.S.A. 1947, § 11-701.
Ark. Code Ann. § 12-9-109 — AR Code / Title 12 / Chapter 9 / Subchapter 1 / Section 12-9-109
Legal counsel
Status: in_force

The Attorney General shall serve as legal counsel to the Arkansas Commission on Law Enforcement Standards and Training, but he or she may designate one (1) or more members of his or her staff to provide legal service to the commission. Acts 1975, No. 452, § 3; A.S.A. 1947, § 42-1002.

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

Acts 1975, No. 452, § 3; A.S.A. 1947, § 42-1002.
Ark. Code Ann. § 12-10-208 — AR Code / Title 12 / Chapter 10 / Subchapter 2 / Section 12-10-208
Official transmissions only
Status: in_force

(a) All radio transmissions should be used for conducting official law enforcement business only and should be as clear and concise as possible. (b) Standard "ten signals" and the phonetic alphabet are recommended for use by all participating agencies. Acts 1979, No. 520, § 7; A.S.A. 1947, § 42-1107.

(a) All radio transmissions should be used for conducting official law enforcement business only and should be as clear and concise as possible.

(b) Standard "ten signals" and the phonetic alphabet are recommended for use by all participating agencies.

Acts 1979, No. 520, § 7; A.S.A. 1947, § 42-1107.
Ark. Code Ann. § 12-62-808 — AR Code / Title 12 / Chapter 62 / Subchapter 8 / Section 12-62-808
Defenses
Status: in_force

(a) It is a defense under this subchapter if an employer establishes that the employer's actions were based on legitimate, nondiscriminatory factors and not on reasons related to military service. (b) Provided the conduct at issue is based on a bona fide business judgment and is not a pretext for discrimination that is prohibited under this subchapter, this subchapter shall not be construed to prohibit or restrict: (1) An insurer, hospital, medical service company, health maintenance organization, or any agent or entity that administers benefit plans or any bank, savings and loan, or other lender from underwriting insurance or lending risks or administering such risks that are based on or are not inconsistent with federal or state law; (2) A person covered by this subchapter from establishing, sponsoring, observing, or administering the terms of a bona fide benefit plan that are based on underwriting risks, classifying risks, or administering such risks that are based on or are not inconsistent with federal or state law; or (3) A person covered by this subchapter from establishing, sponsoring, observing, or administering the terms of a bona fide benefit plan that is not subject to federal or state laws that regulate insurance. Acts 2005, No. 920, § 1.

(a) It is a defense under this subchapter if an employer establishes that the employer's actions were based on legitimate, nondiscriminatory factors and not on reasons related to military service.

(b) Provided the conduct at issue is based on a bona fide business judgment and is not a pretext for discrimination that is prohibited under this subchapter, this subchapter shall not be construed to prohibit or restrict: (1) An insurer, hospital, medical service company, health maintenance organization, or any agent or entity that administers benefit plans or any bank, savings and loan, or other lender from underwriting insurance or lending risks or administering such risks that are based on or are not inconsistent with federal or state law; (2) A person covered by this subchapter from establishing, sponsoring, observing, or administering the terms of a bona fide benefit plan that are based on underwriting risks, classifying risks, or administering such risks that are based on or are not inconsistent with federal or state law; or (3) A person covered by this subchapter from establishing, sponsoring, observing, or administering the terms of a bona fide benefit plan that is not subject to federal or state laws that regulate insurance.

(1) An insurer, hospital, medical service company, health maintenance organization, or any agent or entity that administers benefit plans or any bank, savings and loan, or other lender from underwriting insurance or lending risks or administering such risks that are based on or are not inconsistent with federal or state law;

(2) A person covered by this subchapter from establishing, sponsoring, observing, or administering the terms of a bona fide benefit plan that are based on underwriting risks, classifying risks, or administering such risks that are based on or are not inconsistent with federal or state law; or

(3) A person covered by this subchapter from establishing, sponsoring, observing, or administering the terms of a bona fide benefit plan that is not subject to federal or state laws that regulate insurance.

Acts 2005, No. 920, § 1.
Ark. Code Ann. § 12-61-201 — AR Code / Title 12 / Chapter 61 / Subchapter 2 / Section 12-61-201
Commanding general of the organized militia
Status: in_force

(a) The organized militia shall be commanded by a general officer who shall be federally recognized or qualified for federal recognition in a rank not higher than lieutenant general. (b) He or she shall be responsible for the military efficiency of the Arkansas organized militia. Acts 1969, No. 50, § 21; A.S.A. 1947, § 11-201; Acts 2007, No. 47, § 4.

(a) The organized militia shall be commanded by a general officer who shall be federally recognized or qualified for federal recognition in a rank not higher than lieutenant general.

(b) He or she shall be responsible for the military efficiency of the Arkansas organized militia.

Acts 1969, No. 50, § 21; A.S.A. 1947, § 11-201; Acts 2007, No. 47, § 4.
Ark. Code Ann. § 12-64-812 — AR Code / Title 12 / Chapter 64 / Subchapter 8 / Section 12-64-812
Contempt towards officials
Status: in_force

Any person subject to this code who uses contemptuous words against the President, the Governor, the General Assembly, or the governor or legislature of any state, territory, commonwealth, or possession wherein that person may be serving shall be punished as a court-martial may direct. Acts 1969, No. 50, § 131; A.S.A. 1947, § 11-713.

Any person subject to this code who uses contemptuous words against the President, the Governor, the General Assembly, or the governor or legislature of any state, territory, commonwealth, or possession wherein that person may be serving shall be punished as a court-martial may direct.

Acts 1969, No. 50, § 131; A.S.A. 1947, § 11-713.
Ark. Code Ann. § 12-18-507 — AR Code / Title 12 / Chapter 18 / Subchapter 5 / Section 12-18-507
Notice when the alleged victim is a resident of a facility licensed, registered, or operated by the state
Status: in_force

(a) If the Child Abuse Hotline receives a report that a client or a resident of a facility licensed or registered by the State of Arkansas has been subjected to child maltreatment while at the facility, the Department of Human Services and the Department of Arkansas State Police shall immediately notify the facility director and the facility's licensing or registering authority of the Child Abuse Hotline's receipt of a report of suspected child maltreatment. (b) If the Child Abuse Hotline receives a report that a client or a resident of a facility operated by the Department of Human Services or a facility operated under contract with the Department of Human Services has been subjected to child maltreatment while at the facility, the Department of Human Services and the Department of Arkansas State Police shall immediately notify the appropriate division director and the facility director of the Child Abuse Hotline's receipt of initial report of suspected child maltreatment. (c) If the Child Abuse Hotline receives a report that a child in the custody of the Department of Human Services has been subjected to child maltreatment while in the custody of the Department of Human Services, the Department of Human Services and the Department of Arkansas State Police shall immediately notify the appropriate division director of the Child Abuse Hotline's receipt of an initial report of suspected child maltreatment. Amended by Act 2015, No. 1004,§ 9, eff. 7/22/2015. Amended by Act 2013, No. 1006,§ 11, eff. 8/16/2013. Acts 2009, No. 749, § 1.

(a) If the Child Abuse Hotline receives a report that a client or a resident of a facility licensed or registered by the State of Arkansas has been subjected to child maltreatment while at the facility, the Department of Human Services and the Department of Arkansas State Police shall immediately notify the facility director and the facility's licensing or registering authority of the Child Abuse Hotline's receipt of a report of suspected child maltreatment.

(b) If the Child Abuse Hotline receives a report that a client or a resident of a facility operated by the Department of Human Services or a facility operated under contract with the Department of Human Services has been subjected to child maltreatment while at the facility, the Department of Human Services and the Department of Arkansas State Police shall immediately notify the appropriate division director and the facility director of the Child Abuse Hotline's receipt of initial report of suspected child maltreatment.

(c) If the Child Abuse Hotline receives a report that a child in the custody of the Department of Human Services has been subjected to child maltreatment while in the custody of the Department of Human Services, the Department of Human Services and the Department of Arkansas State Police shall immediately notify the appropriate division director of the Child Abuse Hotline's receipt of an initial report of suspected child maltreatment.

Amended by Act 2015, No. 1004,§ 9, eff. 7/22/2015.

Amended by Act 2013, No. 1006,§ 11, eff. 8/16/2013.

Acts 2009, No. 749, § 1.
Ark. Code Ann. § 12-9-116 — AR Code / Title 12 / Chapter 9 / Subchapter 1 / Section 12-9-116
Persons with disabilities 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, all law enforcement officers in the state shall complete additional continuing education and training as needed relating to persons with disabilities in a law enforcement context. (2) Practicum training shall also be sufficient for the requirement under subdivision (a)(1) of this section. (b) Training under subsection (a) of this section shall include without limitation: (1) The dynamics of relating to a person with a disability; (2) Interview techniques; (3) Available supportive services; and (4) Pro-arrest guidelines and drawbacks of dual arrest and practices to promote the safety of law enforcement officers. Acts 2011, No. 1199, § 1.

(a) (1) In accordance with the certification requirements of the Arkansas Commission on Law Enforcement Standards and Training for law enforcement officers, all law enforcement officers in the state shall complete additional continuing education and training as needed relating to persons with disabilities in a law enforcement context. (2) Practicum training shall also be sufficient for the requirement under subdivision (a)(1) of this section.

(1) In accordance with the certification requirements of the Arkansas Commission on Law Enforcement Standards and Training for law enforcement officers, all law enforcement officers in the state shall complete additional continuing education and training as needed relating to persons with disabilities in a law enforcement context.

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

(b) Training under subsection (a) of this section shall include without limitation: (1) The dynamics of relating to a person with a disability; (2) Interview techniques; (3) Available supportive services; and (4) Pro-arrest guidelines and drawbacks of dual arrest and practices to promote the safety of law enforcement officers.

(1) The dynamics of relating to a person with a disability;

(2) Interview techniques;

(3) Available supportive services; and

(4) Pro-arrest guidelines and drawbacks of dual arrest and practices to promote the safety of law enforcement officers.

Acts 2011, No. 1199, § 1.
Ark. Code Ann. § 12-41-614 — AR Code / Title 12 / Chapter 41 / Subchapter 6 / Section 12-41-614
Bonds - Tax exemption
Status: in_force

Bonds issued under the provisions of this subchapter, and the interest thereon, shall be exempt from all state, county, and municipal taxes, and this exemption shall include income, inheritance, and estate taxes. Acts 1981, No. 879, § 10; A.S.A. 1947, § 46-438.

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

Acts 1981, No. 879, § 10; A.S.A. 1947, § 46-438.
Ark. Code Ann. § 12-9-504 — AR Code / Title 12 / Chapter 9 / Subchapter 5 / Section 12-9-504
Evaluation
Status: in_force

In order to ensure quality control, provide for efficient use of available resources, and minimize duplication of effort, the Criminal Justice Institute shall be the clearinghouse to determine the qualifications of instructors, both academic and practitioner, and to certify all programs of instruction pursuant to this subchapter. Acts 1993, No. 1111, § 4.

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

Acts 1993, No. 1111, § 4.
Ark. Code Ann. § 12-62-604 — AR Code / Title 12 / Chapter 62 / Subchapter 6 / Section 12-62-604
[Repealed]
Status: repealed

Repealed by Act 2017, No. 471,§ 3, eff. 8/1/2017. Acts 1995, No. 186, § 4; 1995, No. 346, § 4.

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

Acts 1995, No. 186, § 4; 1995, No. 346, § 4.