Ark. Code Ann. § 12-75-117 — AR Code / Title 12 / Chapter 75 / Subchapter 1 / Section 12-75-117
Interjurisdictional disaster planning and service areas
Status: in_force

(a) (1) (A) By executive order, the Governor may combine two (2) or more established local offices of emergency management as an interjurisdictional office of emergency management. (B) (i) Before a combination under subdivision (a)(1)(A) of this section, the jurisdictions involved shall prepare for the Governor's approval a written mutual interjurisdictional agreement that specifies how and by whom the emergency management coordinator shall be appointed. (ii) The interjurisdictional agreement shall also include specific provisions addressing the funding, administration, staff, and operational control of the interjurisdictional office of emergency management. (C) The interjurisdictional office of emergency management shall meet the same minimum standards and requirements as a single-jurisdiction local office of emergency management in order to maintain eligibility for state and federal emergency management funding and program assistance. (2) A finding of the Governor pursuant to this subsection shall be based on an assessment conducted by the Director of the Division of Emergency Management using one (1) or more factors related to the difficulty of maintaining an efficient, effective, and economical system for disaster and emergency preparedness, mitigation, response, and recovery such as: (A) Small or sparse population; (B) Limitations on public financial resources severe enough to make maintenance of a separate established local office of emergency management unreasonably burdensome; (C) Unusual vulnerability to disasters and emergencies based on geographical, geological, hydrological, meteorological, or technological disaster potential; and (D) Other relevant conditions or circumstances. (b) (1) If the Governor finds that a vulnerable area lies only partly within this state and includes territory in another state or states and that it would be desirable to establish an interstate relationship, mutual aid, or an area organization for disaster, he or she shall take steps toward that end as may be desirable. (2) If this action is taken with jurisdictions having enacted the Interstate Civil Defense and Disaster Compact, § 12-76-101 et seq., any resulting agreement or agreements may be considered supplemental agreements pursuant to Article VI of that compact. (3) (A) If the other jurisdiction or jurisdictions with which the Governor proposes to cooperate pursuant to subdivisions (b)(1) and (2) of this section have not enacted that compact, then he or she may negotiate a special agreement with the jurisdiction or jurisdictions. (B) Any agreement, if sufficient authority for the making thereof does not otherwise exist, becomes effective only after its text has been communicated to the General Assembly and neither house of the General Assembly has disapproved it by adjournment of the next ensuing session competent to consider it or within thirty (30) days of its submission, whichever is longer. Amended by Act 2019, No. 910,§ 5889, eff. 7/1/2019. Acts 1973, No. 511, § 11; A.S.A. 1947, § 11-1944; Acts 1993, No. 1049, § 5; 1999, No. 646, § 25; 2007, No. 197, § 12; 2009, No. 165, § 43.

(a) (1) (A) By executive order, the Governor may combine two (2) or more established local offices of emergency management as an interjurisdictional office of emergency management. (B) (i) Before a combination under subdivision (a)(1)(A) of this section, the jurisdictions involved shall prepare for the Governor's approval a written mutual interjurisdictional agreement that specifies how and by whom the emergency management coordinator shall be appointed. (ii) The interjurisdictional agreement shall also include specific provisions addressing the funding, administration, staff, and operational control of the interjurisdictional office of emergency management. (C) The interjurisdictional office of emergency management shall meet the same minimum standards and requirements as a single-jurisdiction local office of emergency management in order to maintain eligibility for state and federal emergency management funding and program assistance. (2) A finding of the Governor pursuant to this subsection shall be based on an assessment conducted by the Director of the Division of Emergency Management using one (1) or more factors related to the difficulty of maintaining an efficient, effective, and economical system for disaster and emergency preparedness, mitigation, response, and recovery such as: (A) Small or sparse population; (B) Limitations on public financial resources severe enough to make maintenance of a separate established local office of emergency management unreasonably burdensome; (C) Unusual vulnerability to disasters and emergencies based on geographical, geological, hydrological, meteorological, or technological disaster potential; and (D) Other relevant conditions or circumstances.

(1) (A) By executive order, the Governor may combine two (2) or more established local offices of emergency management as an interjurisdictional office of emergency management. (B) (i) Before a combination under subdivision (a)(1)(A) of this section, the jurisdictions involved shall prepare for the Governor's approval a written mutual interjurisdictional agreement that specifies how and by whom the emergency management coordinator shall be appointed. (ii) The interjurisdictional agreement shall also include specific provisions addressing the funding, administration, staff, and operational control of the interjurisdictional office of emergency management. (C) The interjurisdictional office of emergency management shall meet the same minimum standards and requirements as a single-jurisdiction local office of emergency management in order to maintain eligibility for state and federal emergency management funding and program assistance.

(A) By executive order, the Governor may combine two (2) or more established local offices of emergency management as an interjurisdictional office of emergency management.

(B) (i) Before a combination under subdivision (a)(1)(A) of this section, the jurisdictions involved shall prepare for the Governor's approval a written mutual interjurisdictional agreement that specifies how and by whom the emergency management coordinator shall be appointed. (ii) The interjurisdictional agreement shall also include specific provisions addressing the funding, administration, staff, and operational control of the interjurisdictional office of emergency management.

(i) Before a combination under subdivision (a)(1)(A) of this section, the jurisdictions involved shall prepare for the Governor's approval a written mutual interjurisdictional agreement that specifies how and by whom the emergency management coordinator shall be appointed.

(ii) The interjurisdictional agreement shall also include specific provisions addressing the funding, administration, staff, and operational control of the interjurisdictional office of emergency management.

(C) The interjurisdictional office of emergency management shall meet the same minimum standards and requirements as a single-jurisdiction local office of emergency management in order to maintain eligibility for state and federal emergency management funding and program assistance.

(2) A finding of the Governor pursuant to this subsection shall be based on an assessment conducted by the Director of the Division of Emergency Management using one (1) or more factors related to the difficulty of maintaining an efficient, effective, and economical system for disaster and emergency preparedness, mitigation, response, and recovery such as: (A) Small or sparse population; (B) Limitations on public financial resources severe enough to make maintenance of a separate established local office of emergency management unreasonably burdensome; (C) Unusual vulnerability to disasters and emergencies based on geographical, geological, hydrological, meteorological, or technological disaster potential; and (D) Other relevant conditions or circumstances.

(A) Small or sparse population;

(B) Limitations on public financial resources severe enough to make maintenance of a separate established local office of emergency management unreasonably burdensome;

(C) Unusual vulnerability to disasters and emergencies based on geographical, geological, hydrological, meteorological, or technological disaster potential; and

(D) Other relevant conditions or circumstances.

(b) (1) If the Governor finds that a vulnerable area lies only partly within this state and includes territory in another state or states and that it would be desirable to establish an interstate relationship, mutual aid, or an area organization for disaster, he or she shall take steps toward that end as may be desirable. (2) If this action is taken with jurisdictions having enacted the Interstate Civil Defense and Disaster Compact, § 12-76-101 et seq., any resulting agreement or agreements may be considered supplemental agreements pursuant to Article VI of that compact. (3) (A) If the other jurisdiction or jurisdictions with which the Governor proposes to cooperate pursuant to subdivisions (b)(1) and (2) of this section have not enacted that compact, then he or she may negotiate a special agreement with the jurisdiction or jurisdictions. (B) Any agreement, if sufficient authority for the making thereof does not otherwise exist, becomes effective only after its text has been communicated to the General Assembly and neither house of the General Assembly has disapproved it by adjournment of the next ensuing session competent to consider it or within thirty (30) days of its submission, whichever is longer.

(1) If the Governor finds that a vulnerable area lies only partly within this state and includes territory in another state or states and that it would be desirable to establish an interstate relationship, mutual aid, or an area organization for disaster, he or she shall take steps toward that end as may be desirable.

(2) If this action is taken with jurisdictions having enacted the Interstate Civil Defense and Disaster Compact, § 12-76-101 et seq., any resulting agreement or agreements may be considered supplemental agreements pursuant to Article VI of that compact.

(3) (A) If the other jurisdiction or jurisdictions with which the Governor proposes to cooperate pursuant to subdivisions (b)(1) and (2) of this section have not enacted that compact, then he or she may negotiate a special agreement with the jurisdiction or jurisdictions. (B) Any agreement, if sufficient authority for the making thereof does not otherwise exist, becomes effective only after its text has been communicated to the General Assembly and neither house of the General Assembly has disapproved it by adjournment of the next ensuing session competent to consider it or within thirty (30) days of its submission, whichever is longer.

(A) If the other jurisdiction or jurisdictions with which the Governor proposes to cooperate pursuant to subdivisions (b)(1) and (2) of this section have not enacted that compact, then he or she may negotiate a special agreement with the jurisdiction or jurisdictions.

(B) Any agreement, if sufficient authority for the making thereof does not otherwise exist, becomes effective only after its text has been communicated to the General Assembly and neither house of the General Assembly has disapproved it by adjournment of the next ensuing session competent to consider it or within thirty (30) days of its submission, whichever is longer.

Amended by Act 2019, No. 910,§ 5889, eff. 7/1/2019.

Acts 1973, No. 511, § 11; A.S.A. 1947, § 11-1944; Acts 1993, No. 1049, § 5; 1999, No. 646, § 25; 2007, No. 197, § 12; 2009, No. 165, § 43.
Ark. Code Ann. § 12-12-1009 — AR Code / Title 12 / Chapter 12 / Subchapter 10 / Section 12-12-1009
Dissemination of conviction information for noncriminal justice purposes
Status: in_force

(a) Conviction information shall be made available for the following noncriminal justice purposes: (1) To any local, state, or federal governmental agency that requests the conviction information for the enforcement of a local, state, or federal law; (2) To any entity authorized either by the subject of the record in writing or by state or federal law to receive the conviction information; and (3) To any federal agency or central repository in another state requesting the conviction information for a purpose authorized by law. (b) Conviction information disseminated for noncriminal justice purposes under this subchapter shall be used only for the purposes for which it was made available and may not be redisseminated. (c) Nonconviction information shall not be available under the provisions of this subchapter for noncriminal justice purposes. (d) No agency or individual shall confirm the existence or nonexistence of criminal history information to any person or organization that would not be eligible to receive the criminal history information pursuant to this subchapter. (e) A local agency may release its own agency records according to its own policy. (f) The Department of Arkansas State Police Automated Fingerprint Identification System may access and use the National Fingerprint File and Interstate Identification Index as provided by the Federal Bureau of Investigation when the Arkansas Code authorizes a fingerprint-based Federal Bureau of Investigation check for a noncriminal justice purpose and a positive identification based on fingerprints is made. (g) A DNA sample or DNA record obtained under this subchapter is not available under this subchapter for noncriminal justice purposes. Acts 1993, No. 1109, § 8; 1994 (2nd Ex. Sess.), No. 37, § 3; 1994 (2nd Ex. Sess.), No. 38, § 3; 2005, No. 2213, § 1; 2009, No. 168, § 1; 2009, No. 974, § 8.

(a) Conviction information shall be made available for the following noncriminal justice purposes: (1) To any local, state, or federal governmental agency that requests the conviction information for the enforcement of a local, state, or federal law; (2) To any entity authorized either by the subject of the record in writing or by state or federal law to receive the conviction information; and (3) To any federal agency or central repository in another state requesting the conviction information for a purpose authorized by law.

(1) To any local, state, or federal governmental agency that requests the conviction information for the enforcement of a local, state, or federal law;

(2) To any entity authorized either by the subject of the record in writing or by state or federal law to receive the conviction information; and

(3) To any federal agency or central repository in another state requesting the conviction information for a purpose authorized by law.

(b) Conviction information disseminated for noncriminal justice purposes under this subchapter shall be used only for the purposes for which it was made available and may not be redisseminated.

(c) Nonconviction information shall not be available under the provisions of this subchapter for noncriminal justice purposes.

(d) No agency or individual shall confirm the existence or nonexistence of criminal history information to any person or organization that would not be eligible to receive the criminal history information pursuant to this subchapter.

(e) A local agency may release its own agency records according to its own policy.

(f) The Department of Arkansas State Police Automated Fingerprint Identification System may access and use the National Fingerprint File and Interstate Identification Index as provided by the Federal Bureau of Investigation when the Arkansas Code authorizes a fingerprint-based Federal Bureau of Investigation check for a noncriminal justice purpose and a positive identification based on fingerprints is made.

(g) A DNA sample or DNA record obtained under this subchapter is not available under this subchapter for noncriminal justice purposes.

Acts 1993, No. 1109, § 8; 1994 (2nd Ex. Sess.), No. 37, § 3; 1994 (2nd Ex. Sess.), No. 38, § 3; 2005, No. 2213, § 1; 2009, No. 168, § 1; 2009, No. 974, § 8.
Ark. Code Ann. § 12-64-609 — AR Code / Title 12 / Chapter 64 / Subchapter 6 / Section 12-64-609
Fines and forfeitures
Status: in_force

(a) Fines may be paid to a military court or to an officer executing its process. (b) (1) The amount of a fine may be noted upon any state roll or account for pay of the delinquent and deducted from any pay or allowance due or thereafter to become due him or her, until the fine is liquidated. (2) Any sum so deducted shall be turned in to the military court which imposed the fine and shall be paid over by the officer receiving it in like manner as provided for other fines and moneys collected under a sentence of a summary court-martial. (c) (1) Notwithstanding any other law, a fine or penalty imposed by a military court upon an officer or enlistee shall be paid by the officer collecting it within thirty (30) days to the Treasurer of State and shall become a part of, be credited to, and be spent from, the Department of the Military Fund. (2) The Treasurer of State shall then report the amount thereof to the Adjutant General and shall pay it over in appropriate warrant. (d) If a punishment of fine or forfeiture of an amount of base pay and allowance is imposed by a court-martial, the amount of the fine or forfeiture shall apply to any type or category of pay and allowances then due or becoming due on or after the date that the punishment is imposed before any deduction, withholding, assignment, previous forfeiture, or collection from the pay and allowances, and to any pay and allowances accrued before that date. Amended by Act 2019, No. 910,§ 5541, eff. 7/1/2019. Acts 1969, No. 50, § 171; A.S.A. 1947, § 11-682; Acts 2007, No. 47, § 6.

(a) Fines may be paid to a military court or to an officer executing its process.

(b) (1) The amount of a fine may be noted upon any state roll or account for pay of the delinquent and deducted from any pay or allowance due or thereafter to become due him or her, until the fine is liquidated. (2) Any sum so deducted shall be turned in to the military court which imposed the fine and shall be paid over by the officer receiving it in like manner as provided for other fines and moneys collected under a sentence of a summary court-martial.

(1) The amount of a fine may be noted upon any state roll or account for pay of the delinquent and deducted from any pay or allowance due or thereafter to become due him or her, until the fine is liquidated.

(2) Any sum so deducted shall be turned in to the military court which imposed the fine and shall be paid over by the officer receiving it in like manner as provided for other fines and moneys collected under a sentence of a summary court-martial.

(c) (1) Notwithstanding any other law, a fine or penalty imposed by a military court upon an officer or enlistee shall be paid by the officer collecting it within thirty (30) days to the Treasurer of State and shall become a part of, be credited to, and be spent from, the Department of the Military Fund. (2) The Treasurer of State shall then report the amount thereof to the Adjutant General and shall pay it over in appropriate warrant.

(1) Notwithstanding any other law, a fine or penalty imposed by a military court upon an officer or enlistee shall be paid by the officer collecting it within thirty (30) days to the Treasurer of State and shall become a part of, be credited to, and be spent from, the Department of the Military Fund.

(2) The Treasurer of State shall then report the amount thereof to the Adjutant General and shall pay it over in appropriate warrant.

(d) If a punishment of fine or forfeiture of an amount of base pay and allowance is imposed by a court-martial, the amount of the fine or forfeiture shall apply to any type or category of pay and allowances then due or becoming due on or after the date that the punishment is imposed before any deduction, withholding, assignment, previous forfeiture, or collection from the pay and allowances, and to any pay and allowances accrued before that date.

Amended by Act 2019, No. 910,§ 5541, eff. 7/1/2019.

Acts 1969, No. 50, § 171; A.S.A. 1947, § 11-682; Acts 2007, No. 47, § 6.
Ark. Code Ann. § 12-15-202 — AR Code / Title 12 / Chapter 15 / Subchapter 2 / Section 12-15-202
Eligibility to carry concealed handgun - Active or retired law enforcement officer
Status: in_force

(a) A certified law enforcement officer or auxiliary law enforcement officer may carry a concealed handgun at any time if the certified law enforcement officer or auxiliary law enforcement officer: (1) Is presently employed by a public law enforcement department, law enforcement office, or law enforcement agency; (2) Is not subject to any disciplinary action that suspends his or her authority as a certified law enforcement officer or auxiliary law enforcement officer; (3) Is carrying a badge or appropriate written photographic identification issued by the public law enforcement department, law enforcement office, or law enforcement agency identifying him or her as a certified law enforcement officer or auxiliary law enforcement officer; (4) Is not otherwise prohibited under federal law from receiving or possessing a firearm; (5) Is not under the influence of alcohol or another intoxicating or hallucinatory drug or substance; and (6) Has fingerprint impressions on file with the Division of Arkansas State Police automated fingerprint identification system. (b) (1) A concealed handgun may be carried by any retired law enforcement officer or retired auxiliary law enforcement officer acting as a retired auxiliary law enforcement officer who: (A) Retired in good standing from service with a public law enforcement department, law enforcement office, or law enforcement agency for reasons other than mental disability; (B) Immediately before retirement was a certified law enforcement officer authorized by a public law enforcement department, law enforcement office, or law enforcement agency to carry a firearm in the course and scope of his or her duties; (C) Is carrying appropriate written photographic identification issued by a public law enforcement department, law enforcement office, or law enforcement agency identifying him or her as a retired and former certified law enforcement officer; (D) Is not otherwise prohibited under federal law from receiving or possessing a firearm; (E) Has fingerprint impressions on file with the system together with written authorization for state and national level criminal history record screening; (F) During the most recent twelve-month period has met, at the expense of the retired law enforcement officer, the standards of this state for training and qualification for active law enforcement officers to carry firearms; (G) Before his or her retirement, worked or was employed as a law enforcement officer or acted as an auxiliary law enforcement officer for an aggregate of ten (10) years or more; and (H) Is not under the influence of or consuming alcohol or another intoxicating or hallucinatory drug or substance. (2) (A) The chief law enforcement officer of the city or county shall keep a record of all retired law enforcement officers authorized to carry a concealed handgun in his or her jurisdiction and shall revoke any authorization for good cause shown. (B) The Director of the Division of Arkansas State Police shall keep a record of all retired Department of Arkansas State Police or Division of Arkansas State Police officers authorized to carry a concealed handgun in the state and shall revoke any authorization for good cause shown. (c) (1) (A) A firearms instructor certified by the Arkansas Commission on Law Enforcement Standards and Training who is employed by any law enforcement agency in this state may certify or recertify that a retired law enforcement officer has met the training and qualification requirements for certification set by the commission for active law enforcement officers to carry firearms. (B) A retired law enforcement officer shall pay the expenses for meeting the training and qualification requirements described in subdivision (c)(1)(A) of this section. (2) A firearms instructor who certifies or recertifies that a retired law enforcement officer has met the training and qualification requirements for certification set by the commission for active law enforcement officers to carry firearms under subdivision (c)(1)(A) of this section shall complete and submit any required paperwork to the commission. (d) A certified or retired law enforcement officer or active or retired auxiliary law enforcement officer carrying a concealed handgun under this section is not subject to the prohibitions and limitations of § 5-73-306 . (e) (1) Any presently employed certified law enforcement officer authorized by another state to carry a concealed handgun shall be entitled to the same privilege while in this state, but subject to the same restrictions of this section, provided that the state which has authorized the officer to carry a concealed handgun extends the same privilege to presently employed Arkansas-certified law enforcement officers. (2) The director shall make a determination as to which states extend the privilege to carry a concealed handgun to presently employed Arkansas-certified law enforcement officers and shall then determine which states' officers' authority to carry concealed handguns will be recognized in Arkansas. Amended by Act 2023, No. 176,§ 4, eff. 8/1/2023. Amended by Act 2021, No. 948,§ 1, eff. 7/28/2021. Amended by Act 2021, No. 766,§ 3, eff. 7/28/2021. Amended by Act 2021, No. 766,§ 2, eff. 7/28/2021. Amended by Act 2021, No. 710,§ 2, eff. 7/28/2021. Amended by Act 2021, No. 710,§ 1, eff. 7/28/2021. Amended by Act 2019, No. 910,§ 5872, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 5871, eff. 7/1/2019. Amended by Act 2017, No. 957,§ 5, eff. 8/1/2017. Amended by Act 2015, No. 1161,§ 1, eff. 7/22/2015. Amended by Act 2015, No. 958,§ 1, eff. 7/22/2015. Amended by Act 2013, No. 1220,§ 3, eff. 8/16/2013. Amended by Act 2013, No. 415,§ 3, eff. 8/16/2013. Acts 1995, No. 1332, § 1; 1997, No. 92, § 1; 1997, No. 302, § 1; 2001, No. 251, § 1; 2001, No. 585, § 1; 2003, No. 348, § 1; 2007, No. 134, § 1; 2007, No. 675, § 2.

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

(1) Is presently employed by a public law enforcement department, law enforcement office, or law enforcement agency;

(2) Is not subject to any disciplinary action that suspends his or her authority as a certified law enforcement officer or auxiliary law enforcement officer;

(3) Is carrying a badge or appropriate written photographic identification issued by the public law enforcement department, law enforcement office, or law enforcement agency identifying him or her as a certified law enforcement officer or auxiliary law enforcement officer;

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

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

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

(b) (1) A concealed handgun may be carried by any retired law enforcement officer or retired auxiliary law enforcement officer acting as a retired auxiliary law enforcement officer who: (A) Retired in good standing from service with a public law enforcement department, law enforcement office, or law enforcement agency for reasons other than mental disability; (B) Immediately before retirement was a certified law enforcement officer authorized by a public law enforcement department, law enforcement office, or law enforcement agency to carry a firearm in the course and scope of his or her duties; (C) Is carrying appropriate written photographic identification issued by a public law enforcement department, law enforcement office, or law enforcement agency identifying him or her as a retired and former certified law enforcement officer; (D) Is not otherwise prohibited under federal law from receiving or possessing a firearm; (E) Has fingerprint impressions on file with the system together with written authorization for state and national level criminal history record screening; (F) During the most recent twelve-month period has met, at the expense of the retired law enforcement officer, the standards of this state for training and qualification for active law enforcement officers to carry firearms; (G) Before his or her retirement, worked or was employed as a law enforcement officer or acted as an auxiliary law enforcement officer for an aggregate of ten (10) years or more; and (H) Is not under the influence of or consuming alcohol or another intoxicating or hallucinatory drug or substance. (2) (A) The chief law enforcement officer of the city or county shall keep a record of all retired law enforcement officers authorized to carry a concealed handgun in his or her jurisdiction and shall revoke any authorization for good cause shown. (B) The Director of the Division of Arkansas State Police shall keep a record of all retired Department of Arkansas State Police or Division of Arkansas State Police officers authorized to carry a concealed handgun in the state and shall revoke any authorization for good cause shown.

(1) A concealed handgun may be carried by any retired law enforcement officer or retired auxiliary law enforcement officer acting as a retired auxiliary law enforcement officer who: (A) Retired in good standing from service with a public law enforcement department, law enforcement office, or law enforcement agency for reasons other than mental disability; (B) Immediately before retirement was a certified law enforcement officer authorized by a public law enforcement department, law enforcement office, or law enforcement agency to carry a firearm in the course and scope of his or her duties; (C) Is carrying appropriate written photographic identification issued by a public law enforcement department, law enforcement office, or law enforcement agency identifying him or her as a retired and former certified law enforcement officer; (D) Is not otherwise prohibited under federal law from receiving or possessing a firearm; (E) Has fingerprint impressions on file with the system together with written authorization for state and national level criminal history record screening; (F) During the most recent twelve-month period has met, at the expense of the retired law enforcement officer, the standards of this state for training and qualification for active law enforcement officers to carry firearms; (G) Before his or her retirement, worked or was employed as a law enforcement officer or acted as an auxiliary law enforcement officer for an aggregate of ten (10) years or more; and (H) Is not under the influence of or consuming alcohol or another intoxicating or hallucinatory drug or substance.

(A) Retired in good standing from service with a public law enforcement department, law enforcement office, or law enforcement agency for reasons other than mental disability;

(B) Immediately before retirement was a certified law enforcement officer authorized by a public law enforcement department, law enforcement office, or law enforcement agency to carry a firearm in the course and scope of his or her duties;

(C) Is carrying appropriate written photographic identification issued by a public law enforcement department, law enforcement office, or law enforcement agency identifying him or her as a retired and former certified law enforcement officer;

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

(E) Has fingerprint impressions on file with the system together with written authorization for state and national level criminal history record screening;

(F) During the most recent twelve-month period has met, at the expense of the retired law enforcement officer, the standards of this state for training and qualification for active law enforcement officers to carry firearms;

(G) Before his or her retirement, worked or was employed as a law enforcement officer or acted as an auxiliary law enforcement officer for an aggregate of ten (10) years or more; and

(H) Is not under the influence of or consuming alcohol or another intoxicating or hallucinatory drug or substance.

(2) (A) The chief law enforcement officer of the city or county shall keep a record of all retired law enforcement officers authorized to carry a concealed handgun in his or her jurisdiction and shall revoke any authorization for good cause shown. (B) The Director of the Division of Arkansas State Police shall keep a record of all retired Department of Arkansas State Police or Division of Arkansas State Police officers authorized to carry a concealed handgun in the state and shall revoke any authorization for good cause shown.

(A) The chief law enforcement officer of the city or county shall keep a record of all retired law enforcement officers authorized to carry a concealed handgun in his or her jurisdiction and shall revoke any authorization for good cause shown.

(B) The Director of the Division of Arkansas State Police shall keep a record of all retired Department of Arkansas State Police or Division of Arkansas State Police officers authorized to carry a concealed handgun in the state and shall revoke any authorization for good cause shown.

(c) (1) (A) A firearms instructor certified by the Arkansas Commission on Law Enforcement Standards and Training who is employed by any law enforcement agency in this state may certify or recertify that a retired law enforcement officer has met the training and qualification requirements for certification set by the commission for active law enforcement officers to carry firearms. (B) A retired law enforcement officer shall pay the expenses for meeting the training and qualification requirements described in subdivision (c)(1)(A) of this section. (2) A firearms instructor who certifies or recertifies that a retired law enforcement officer has met the training and qualification requirements for certification set by the commission for active law enforcement officers to carry firearms under subdivision (c)(1)(A) of this section shall complete and submit any required paperwork to the commission.

(1) (A) A firearms instructor certified by the Arkansas Commission on Law Enforcement Standards and Training who is employed by any law enforcement agency in this state may certify or recertify that a retired law enforcement officer has met the training and qualification requirements for certification set by the commission for active law enforcement officers to carry firearms. (B) A retired law enforcement officer shall pay the expenses for meeting the training and qualification requirements described in subdivision (c)(1)(A) of this section.

(A) A firearms instructor certified by the Arkansas Commission on Law Enforcement Standards and Training who is employed by any law enforcement agency in this state may certify or recertify that a retired law enforcement officer has met the training and qualification requirements for certification set by the commission for active law enforcement officers to carry firearms.

(B) A retired law enforcement officer shall pay the expenses for meeting the training and qualification requirements described in subdivision (c)(1)(A) of this section.

(2) A firearms instructor who certifies or recertifies that a retired law enforcement officer has met the training and qualification requirements for certification set by the commission for active law enforcement officers to carry firearms under subdivision (c)(1)(A) of this section shall complete and submit any required paperwork to the commission.

(d) A certified or retired law enforcement officer or active or retired auxiliary law enforcement officer carrying a concealed handgun under this section is not subject to the prohibitions and limitations of § 5-73-306 .

(e) (1) Any presently employed certified law enforcement officer authorized by another state to carry a concealed handgun shall be entitled to the same privilege while in this state, but subject to the same restrictions of this section, provided that the state which has authorized the officer to carry a concealed handgun extends the same privilege to presently employed Arkansas-certified law enforcement officers. (2) The director shall make a determination as to which states extend the privilege to carry a concealed handgun to presently employed Arkansas-certified law enforcement officers and shall then determine which states' officers' authority to carry concealed handguns will be recognized in Arkansas.

(1) Any presently employed certified law enforcement officer authorized by another state to carry a concealed handgun shall be entitled to the same privilege while in this state, but subject to the same restrictions of this section, provided that the state which has authorized the officer to carry a concealed handgun extends the same privilege to presently employed Arkansas-certified law enforcement officers.

(2) The director shall make a determination as to which states extend the privilege to carry a concealed handgun to presently employed Arkansas-certified law enforcement officers and shall then determine which states' officers' authority to carry concealed handguns will be recognized in Arkansas.

Amended by Act 2023, No. 176,§ 4, eff. 8/1/2023.

Amended by Act 2021, No. 948,§ 1, eff. 7/28/2021.

Amended by Act 2021, No. 766,§ 3, eff. 7/28/2021.

Amended by Act 2021, No. 766,§ 2, eff. 7/28/2021.

Amended by Act 2021, No. 710,§ 2, eff. 7/28/2021.

Amended by Act 2021, No. 710,§ 1, eff. 7/28/2021.

Amended by Act 2019, No. 910,§ 5872, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 5871, eff. 7/1/2019.

Amended by Act 2017, No. 957,§ 5, eff. 8/1/2017.

Amended by Act 2015, No. 1161,§ 1, eff. 7/22/2015.

Amended by Act 2015, No. 958,§ 1, eff. 7/22/2015.

Amended by Act 2013, No. 1220,§ 3, eff. 8/16/2013.

Amended by Act 2013, No. 415,§ 3, eff. 8/16/2013.

Acts 1995, No. 1332, § 1; 1997, No. 92, § 1; 1997, No. 302, § 1; 2001, No. 251, § 1; 2001, No. 585, § 1; 2003, No. 348, § 1; 2007, No. 134, § 1; 2007, No. 675, § 2.
Ark. Code Ann. § 12-8-213 — AR Code / Title 12 / Chapter 8 / Subchapter 2 / Section 12-8-213
Equipment and uniforms
Status: in_force

(a) Such motorcycles, automobiles, and other vehicles, equipment, and supplies as may be necessary for the proper and efficient operation of the Division of Arkansas State Police and as may be necessary for the proper enforcement of this chapter shall be furnished to the officers and patrol personnel by the division. (b) The officers and patrol personnel shall wear and display upon their person a metal badge or other insignia as the Director of the Division of Arkansas State Police shall require, bearing the words "Arkansas State Police". (c) All such patrol personnel and officers shall wear such uniforms at such times and places as shall be designated and required by the director. Amended by Act 2019, No. 910,§ 5787, eff. 7/1/2019. Acts 1945, No. 231, § 9; A.S.A. 1947, § 42-409.

(a) Such motorcycles, automobiles, and other vehicles, equipment, and supplies as may be necessary for the proper and efficient operation of the Division of Arkansas State Police and as may be necessary for the proper enforcement of this chapter shall be furnished to the officers and patrol personnel by the division.

(b) The officers and patrol personnel shall wear and display upon their person a metal badge or other insignia as the Director of the Division of Arkansas State Police shall require, bearing the words "Arkansas State Police".

(c) All such patrol personnel and officers shall wear such uniforms at such times and places as shall be designated and required by the director.

Amended by Act 2019, No. 910,§ 5787, eff. 7/1/2019.

Acts 1945, No. 231, § 9; A.S.A. 1947, § 42-409.
Ark. Code Ann. § 12-51-202 — AR Code / Title 12 / Chapter 51 / Subchapter 2 / Section 12-51-202
Officers and staff
Status: in_force

(a) (1) The Interstate Commission for Adult Offender Supervision shall, by a majority of the members, elect from among its members a chair and a vice chair, each of whom shall have such authorities and duties as may be specified in the bylaws. (2) The chair or, in his or her absence or disability, the vice chair, shall preside at all meetings of the interstate commission. (3) The officers so elected shall serve without compensation or remuneration from the interstate commission; provided that, subject to the availability of budgeted funds, the officers shall be reimbursed for any actual and necessary costs and expenses incurred by them in the performance of their duties and responsibilities as officers of the interstate commission. (b) (1) The interstate commission shall, through its executive committee, appoint or retain an executive director for such period, upon such terms and conditions and for such compensation as the interstate commission may deem appropriate. (2) The executive director shall serve as secretary to the interstate commission, and hire and supervise such other staff as may be authorized by the interstate commission, but shall not be a member. Acts 2001, No. 253, § 1.

(a) (1) The Interstate Commission for Adult Offender Supervision shall, by a majority of the members, elect from among its members a chair and a vice chair, each of whom shall have such authorities and duties as may be specified in the bylaws. (2) The chair or, in his or her absence or disability, the vice chair, shall preside at all meetings of the interstate commission. (3) The officers so elected shall serve without compensation or remuneration from the interstate commission; provided that, subject to the availability of budgeted funds, the officers shall be reimbursed for any actual and necessary costs and expenses incurred by them in the performance of their duties and responsibilities as officers of the interstate commission.

(1) The Interstate Commission for Adult Offender Supervision shall, by a majority of the members, elect from among its members a chair and a vice chair, each of whom shall have such authorities and duties as may be specified in the bylaws.

(2) The chair or, in his or her absence or disability, the vice chair, shall preside at all meetings of the interstate commission.

(3) The officers so elected shall serve without compensation or remuneration from the interstate commission; provided that, subject to the availability of budgeted funds, the officers shall be reimbursed for any actual and necessary costs and expenses incurred by them in the performance of their duties and responsibilities as officers of the interstate commission.

(b) (1) The interstate commission shall, through its executive committee, appoint or retain an executive director for such period, upon such terms and conditions and for such compensation as the interstate commission may deem appropriate. (2) The executive director shall serve as secretary to the interstate commission, and hire and supervise such other staff as may be authorized by the interstate commission, but shall not be a member.

(1) The interstate commission shall, through its executive committee, appoint or retain an executive director for such period, upon such terms and conditions and for such compensation as the interstate commission may deem appropriate.

(2) The executive director shall serve as secretary to the interstate commission, and hire and supervise such other staff as may be authorized by the interstate commission, but shall not be a member.

Acts 2001, No. 253, § 1.
Ark. Code Ann. § 12-80-101 — AR Code / Title 12 / Chapter 80 / Section 12-80-101
Purpose
Status: in_force

It is the purpose of this chapter to protect the public by requiring that all public structures be designed and constructed to resist destructive forces when an earthquake occurs in the New Madrid Seismic Zone. Acts 1991, No. 1100, § 1.

It is the purpose of this chapter to protect the public by requiring that all public structures be designed and constructed to resist destructive forces when an earthquake occurs in the New Madrid Seismic Zone.

Acts 1991, No. 1100, § 1.
Ark. Code Ann. § 12-75-129 — AR Code / Title 12 / Chapter 75 / Subchapter 1 / Section 12-75-129
Emergency responders - Workers' compensation benefits
Status: in_force

(a) (1) A person appointed and regularly enrolled in an accredited emergency management organization and covered by this chapter is limited to the Workers' Compensation Law, § 11-9-101 et seq., for benefits payable for an injury to or death of the person, if: (A) The person is regularly employed by a local government or the state; and (B) The injury or death occurs while the person is: (i) Actually engaged in emergency management duties either during training or during a period of emergency; and (ii) Subject to the order or control of or pursuant to a request of and under the supervision and instruction of the: (a) Governor; (b) Division of Emergency Management; or (c) Chief executive or the designated director of a department, county, or an accredited local government unit making use of emergency management volunteer workers. (2) If a person described in subdivision (a)(1) of this section is a qualified emergency responder of the state or a local office of emergency management, then recovery is limited as provided in this section. (b) The remedy provided in this section shall be the exclusive remedy as against the state and political subdivisions thereof. (c) (1) For the purpose of workers' compensation coverage in cases of injury to or death of an individual, all duly qualified emergency responders shall be deemed local government or state employees and shall receive compensation, and their survivors shall receive death benefits in like manner as regular local government or state employees for injury or death arising out of and in the course of their activities as emergency responders. (2) If an emergency responder is injured or killed while subject to the order or control of a local government, compensation and benefits shall be charged against the applicable local government's experience rate and paid from the appropriate state workers' compensation fund. (3) If the emergency responder was under the order or control of a state agency when injured or killed, compensation and benefits shall be charged against the experience rate of the state agency who exercised order or control at the time of injury or death and paid from the appropriate state workers' compensation fund. (d) (1) For the purpose of subsection (c) of this section, the weekly compensation benefits for such emergency responders who receive no monetary compensation for services rendered as such workers shall be calculated based upon the wages received from their regular or usual employments, the same as a regular local or state employee, with respect to injury, disability, or death. (2) The reimbursement per day for approved out-of-pocket expenses incurred in response to an emergency situation, such as gasoline, oil, uniforms, required equipment, and other items is not considered monetary compensation for the volunteer emergency responder. (e) (1) In the event that any person who is entitled to receive benefits through the application of subsection (c) of this section receives, in connection with the injury, disability, or death giving rise to such entitlement, benefits under an act of the United States Congress or federal program providing benefits for emergency responders or their survivors, then the benefits payable under this section shall be reduced to the extent of the benefits received under such other act or program. (2) Any person who performs the duties of a member or trainee as an adjunct to his or her regular employment and who otherwise would be entitled to receive workers' compensation benefits for his or her injury, disability, or death, if injured in the performance of such duties, shall be deemed to have been injured, disabled, or killed in the course of his or her regular employment. (f) An emergency responder shall be deemed duly registered and qualified when he or she is a member of and has on file in either a local office of emergency management or in the division the following information: (1) Name and address; (2) Date enrolled; and (3) Class of service assigned. (g) Payments and death and disability benefits as provided in this section shall be made from the Workers' Compensation Revolving Fund for state employees. Amended by Act 2019, No. 910,§ 5904, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 5903, eff. 7/1/2019. Acts 1973, No. 511, § 22; 1977, No. 408, § 6; 1981, No. 891, § 5; A.S.A. 1947, § 11-1955; Acts 1999, No. 646, §§ 35, 36; 2007, No. 197, § 20; 2009, No. 165, §§ 53-55.

(a) (1) A person appointed and regularly enrolled in an accredited emergency management organization and covered by this chapter is limited to the Workers' Compensation Law, § 11-9-101 et seq., for benefits payable for an injury to or death of the person, if: (A) The person is regularly employed by a local government or the state; and (B) The injury or death occurs while the person is: (i) Actually engaged in emergency management duties either during training or during a period of emergency; and (ii) Subject to the order or control of or pursuant to a request of and under the supervision and instruction of the: (a) Governor; (b) Division of Emergency Management; or (c) Chief executive or the designated director of a department, county, or an accredited local government unit making use of emergency management volunteer workers. (2) If a person described in subdivision (a)(1) of this section is a qualified emergency responder of the state or a local office of emergency management, then recovery is limited as provided in this section.

(1) A person appointed and regularly enrolled in an accredited emergency management organization and covered by this chapter is limited to the Workers' Compensation Law, § 11-9-101 et seq., for benefits payable for an injury to or death of the person, if: (A) The person is regularly employed by a local government or the state; and (B) The injury or death occurs while the person is: (i) Actually engaged in emergency management duties either during training or during a period of emergency; and (ii) Subject to the order or control of or pursuant to a request of and under the supervision and instruction of the: (a) Governor; (b) Division of Emergency Management; or (c) Chief executive or the designated director of a department, county, or an accredited local government unit making use of emergency management volunteer workers.

(A) The person is regularly employed by a local government or the state; and

(B) The injury or death occurs while the person is: (i) Actually engaged in emergency management duties either during training or during a period of emergency; and (ii) Subject to the order or control of or pursuant to a request of and under the supervision and instruction of the: (a) Governor; (b) Division of Emergency Management; or (c) Chief executive or the designated director of a department, county, or an accredited local government unit making use of emergency management volunteer workers.

(i) Actually engaged in emergency management duties either during training or during a period of emergency; and

(ii) Subject to the order or control of or pursuant to a request of and under the supervision and instruction of the: (a) Governor; (b) Division of Emergency Management; or (c) Chief executive or the designated director of a department, county, or an accredited local government unit making use of emergency management volunteer workers.

(a) Governor;

(b) Division of Emergency Management; or

(c) Chief executive or the designated director of a department, county, or an accredited local government unit making use of emergency management volunteer workers.

(2) If a person described in subdivision (a)(1) of this section is a qualified emergency responder of the state or a local office of emergency management, then recovery is limited as provided in this section.

(b) The remedy provided in this section shall be the exclusive remedy as against the state and political subdivisions thereof.

(c) (1) For the purpose of workers' compensation coverage in cases of injury to or death of an individual, all duly qualified emergency responders shall be deemed local government or state employees and shall receive compensation, and their survivors shall receive death benefits in like manner as regular local government or state employees for injury or death arising out of and in the course of their activities as emergency responders. (2) If an emergency responder is injured or killed while subject to the order or control of a local government, compensation and benefits shall be charged against the applicable local government's experience rate and paid from the appropriate state workers' compensation fund. (3) If the emergency responder was under the order or control of a state agency when injured or killed, compensation and benefits shall be charged against the experience rate of the state agency who exercised order or control at the time of injury or death and paid from the appropriate state workers' compensation fund.

(1) For the purpose of workers' compensation coverage in cases of injury to or death of an individual, all duly qualified emergency responders shall be deemed local government or state employees and shall receive compensation, and their survivors shall receive death benefits in like manner as regular local government or state employees for injury or death arising out of and in the course of their activities as emergency responders.

(2) If an emergency responder is injured or killed while subject to the order or control of a local government, compensation and benefits shall be charged against the applicable local government's experience rate and paid from the appropriate state workers' compensation fund.

(3) If the emergency responder was under the order or control of a state agency when injured or killed, compensation and benefits shall be charged against the experience rate of the state agency who exercised order or control at the time of injury or death and paid from the appropriate state workers' compensation fund.

(d) (1) For the purpose of subsection (c) of this section, the weekly compensation benefits for such emergency responders who receive no monetary compensation for services rendered as such workers shall be calculated based upon the wages received from their regular or usual employments, the same as a regular local or state employee, with respect to injury, disability, or death. (2) The reimbursement per day for approved out-of-pocket expenses incurred in response to an emergency situation, such as gasoline, oil, uniforms, required equipment, and other items is not considered monetary compensation for the volunteer emergency responder.

(1) For the purpose of subsection (c) of this section, the weekly compensation benefits for such emergency responders who receive no monetary compensation for services rendered as such workers shall be calculated based upon the wages received from their regular or usual employments, the same as a regular local or state employee, with respect to injury, disability, or death.

(2) The reimbursement per day for approved out-of-pocket expenses incurred in response to an emergency situation, such as gasoline, oil, uniforms, required equipment, and other items is not considered monetary compensation for the volunteer emergency responder.

(e) (1) In the event that any person who is entitled to receive benefits through the application of subsection (c) of this section receives, in connection with the injury, disability, or death giving rise to such entitlement, benefits under an act of the United States Congress or federal program providing benefits for emergency responders or their survivors, then the benefits payable under this section shall be reduced to the extent of the benefits received under such other act or program. (2) Any person who performs the duties of a member or trainee as an adjunct to his or her regular employment and who otherwise would be entitled to receive workers' compensation benefits for his or her injury, disability, or death, if injured in the performance of such duties, shall be deemed to have been injured, disabled, or killed in the course of his or her regular employment.

(1) In the event that any person who is entitled to receive benefits through the application of subsection (c) of this section receives, in connection with the injury, disability, or death giving rise to such entitlement, benefits under an act of the United States Congress or federal program providing benefits for emergency responders or their survivors, then the benefits payable under this section shall be reduced to the extent of the benefits received under such other act or program.

(2) Any person who performs the duties of a member or trainee as an adjunct to his or her regular employment and who otherwise would be entitled to receive workers' compensation benefits for his or her injury, disability, or death, if injured in the performance of such duties, shall be deemed to have been injured, disabled, or killed in the course of his or her regular employment.

(f) An emergency responder shall be deemed duly registered and qualified when he or she is a member of and has on file in either a local office of emergency management or in the division the following information: (1) Name and address; (2) Date enrolled; and (3) Class of service assigned.

(1) Name and address;

(2) Date enrolled; and

(3) Class of service assigned.

(g) Payments and death and disability benefits as provided in this section shall be made from the Workers' Compensation Revolving Fund for state employees.

Amended by Act 2019, No. 910,§ 5904, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 5903, eff. 7/1/2019.

Acts 1973, No. 511, § 22; 1977, No. 408, § 6; 1981, No. 891, § 5; A.S.A. 1947, § 11-1955; Acts 1999, No. 646, §§ 35, 36; 2007, No. 197, § 20; 2009, No. 165, §§ 53-55.
Ark. Code Ann. § 12-77-103 — AR Code / Title 12 / Chapter 77 / Section 12-77-103
Arkansas earthquake program
Status: in_force

(a) (1) The Arkansas Department of Emergency Management, Earthquake Preparedness Program, shall coordinate an earthquake program designed to protect the lives and property of persons of this state, to the fullest possible extent, from the direct effects of seismic activity affecting Arkansas as well as from secondary effects created by such occurrence. (2) The program shall coordinate all activities involved in mitigation and preparedness regarding seismic events. Toward that end, the program shall include but not be limited to: (A) Continued assessment from proper scientific authorities of the seismic risk to the state; (B) Training and education of state and local government officials, employees, and citizens of Arkansas regarding preparation and protective measures that can be taken before, during, and after an earthquake; (C) Planning coordination, guidance, and assistance to all state and local government officials in preparation for, response to, and recovery from earthquakes; (D) Coordination of earthquake program activities with comparable agencies of the federal government and other states; and (E) Dissemination of information to the public pertaining to earthquake hazards, especially to Arkansans living near the New Madrid Fault, protective measures, seismic resistance in building construction, and appropriate actions to be taken before, during, and after an earthquake, and other matters the Arkansas Department of Emergency Management shall determine to be necessary or appropriate to educate, inform, and equip citizens in this state to deal with any earthquake. (b) In order to carry out the responsibilities provided for in this section, the program is authorized to employ such personnel as deemed necessary to the extent that funds are appropriated therefor by the General Assembly. Acts 1989, No. 247, § 7; 1999, No. 646, §§ 40-42; 2009, No. 711, § 1.

(a) (1) The Arkansas Department of Emergency Management, Earthquake Preparedness Program, shall coordinate an earthquake program designed to protect the lives and property of persons of this state, to the fullest possible extent, from the direct effects of seismic activity affecting Arkansas as well as from secondary effects created by such occurrence. (2) The program shall coordinate all activities involved in mitigation and preparedness regarding seismic events. Toward that end, the program shall include but not be limited to: (A) Continued assessment from proper scientific authorities of the seismic risk to the state; (B) Training and education of state and local government officials, employees, and citizens of Arkansas regarding preparation and protective measures that can be taken before, during, and after an earthquake; (C) Planning coordination, guidance, and assistance to all state and local government officials in preparation for, response to, and recovery from earthquakes; (D) Coordination of earthquake program activities with comparable agencies of the federal government and other states; and (E) Dissemination of information to the public pertaining to earthquake hazards, especially to Arkansans living near the New Madrid Fault, protective measures, seismic resistance in building construction, and appropriate actions to be taken before, during, and after an earthquake, and other matters the Arkansas Department of Emergency Management shall determine to be necessary or appropriate to educate, inform, and equip citizens in this state to deal with any earthquake.

(1) The Arkansas Department of Emergency Management, Earthquake Preparedness Program, shall coordinate an earthquake program designed to protect the lives and property of persons of this state, to the fullest possible extent, from the direct effects of seismic activity affecting Arkansas as well as from secondary effects created by such occurrence.

(2) The program shall coordinate all activities involved in mitigation and preparedness regarding seismic events. Toward that end, the program shall include but not be limited to: (A) Continued assessment from proper scientific authorities of the seismic risk to the state; (B) Training and education of state and local government officials, employees, and citizens of Arkansas regarding preparation and protective measures that can be taken before, during, and after an earthquake; (C) Planning coordination, guidance, and assistance to all state and local government officials in preparation for, response to, and recovery from earthquakes; (D) Coordination of earthquake program activities with comparable agencies of the federal government and other states; and (E) Dissemination of information to the public pertaining to earthquake hazards, especially to Arkansans living near the New Madrid Fault, protective measures, seismic resistance in building construction, and appropriate actions to be taken before, during, and after an earthquake, and other matters the Arkansas Department of Emergency Management shall determine to be necessary or appropriate to educate, inform, and equip citizens in this state to deal with any earthquake.

(A) Continued assessment from proper scientific authorities of the seismic risk to the state;

(B) Training and education of state and local government officials, employees, and citizens of Arkansas regarding preparation and protective measures that can be taken before, during, and after an earthquake;

(C) Planning coordination, guidance, and assistance to all state and local government officials in preparation for, response to, and recovery from earthquakes;

(D) Coordination of earthquake program activities with comparable agencies of the federal government and other states; and

(E) Dissemination of information to the public pertaining to earthquake hazards, especially to Arkansans living near the New Madrid Fault, protective measures, seismic resistance in building construction, and appropriate actions to be taken before, during, and after an earthquake, and other matters the Arkansas Department of Emergency Management shall determine to be necessary or appropriate to educate, inform, and equip citizens in this state to deal with any earthquake.

(b) In order to carry out the responsibilities provided for in this section, the program is authorized to employ such personnel as deemed necessary to the extent that funds are appropriated therefor by the General Assembly.

Acts 1989, No. 247, § 7; 1999, No. 646, §§ 40-42; 2009, No. 711, § 1.
Ark. Code Ann. § 12-9-308 — AR Code / Title 12 / Chapter 9 / Subchapter 3 / Section 12-9-308
Liability of law enforcement agency and political subdivision
Status: in_force

The law enforcement agency director, chief, or county sheriff and the political subdivision appointing the auxiliary law enforcement officer shall not be held either civilly or criminally liable or in any other manner for the actions of an auxiliary law enforcement officer. Acts 1983, No. 757, § 8; A.S.A. 1947, § 42-1408; Acts 1987, No. 275, § 1.

The law enforcement agency director, chief, or county sheriff and the political subdivision appointing the auxiliary law enforcement officer shall not be held either civilly or criminally liable or in any other manner for the actions of an auxiliary law enforcement officer.

Acts 1983, No. 757, § 8; A.S.A. 1947, § 42-1408; Acts 1987, No. 275, § 1.
Ark. Code Ann. § 12-76-102 — AR Code / Title 12 / Chapter 76 / Subchapter 1 / Section 12-76-102
Enactment of compact into law
Status: in_force

The Interstate Civil Defense and Disaster Compact is enacted into law and entered into with all jurisdictions legally joining therein in the form substantially as follows: INTERSTATE CIVIL DEFENSE AND DISASTER COMPACT ARTICLE I The purpose of this compact is to provide mutual aid among the states in meeting any emergency or disaster from enemy attack, natural cause, or other cause. The prompt, full, and effective utilization of the resources of the respective states, including such resources as may be available from the United States Government or any other source, are essential to the safety, care, and welfare of the people thereof in the event of enemy action or other emergency, and any other resources including personnel, equipment, or supplies shall be incorporated into a plan or plans of mutual aid to be developed among the civil defense agencies or similar bodies of the states that are parties hereto. The Directors of Civil Defense of all party states shall constitute a committee to formulate plans to take all necessary steps for the implementation of this contract. ARTICLE II It shall be the duty of each party state to formulate civil defense plans and programs for application within such state. There shall be frequent consultation between the representatives of the states and with the United States Government and the free exchange of information and plans, including inventories of any materials and equipment available for civil defense. In carrying out such civil defense plans and programs, the party states shall, so far as possible, provide and follow uniform standards, practices, and rules and regulations including: (a) Insignia and any other distinctive articles to designate and distinguish the different civil defense services; (b) Mobilization of civil defense forces and other tests and exercises; (c) Warnings and signals for drills or attacks and the mechanical devices to be used in connection therewith; (d) Shutting off water mains, gas mains, electric power connections, and the suspension of all other utility services; (e) All materials or equipment used or to be used for civil defense purposes in order to assure that such materials and equipment will be easily and freely interchangeable when used in or by any other party state; (f) The conduct of civilians and the movement and cessation of movement of pedestrians and vehicular traffic, prior, during, and subsequent to drills or attacks or disasters; (g) The safety of public meetings or gatherings; (h) Standardized data bank of response and recovery resources; and (i) Disaster forecasts and reports. ARTICLE III Any party state requested to render mutual aid shall take such action as is necessary to provide and make available the resources covered by this compact in accordance with the terms hereof; provided that it is understood that the state rendering aid may withhold resources to the extent necessary to provide reasonable protection for such state. Each party state shall extend to the civil defense forces of any other party state, while operating within its state limits under the terms and conditions of this compact, the same powers (except that of arrest unless specifically authorized by the receiving state), duties, rights, privileges, and immunities as if they were performing their duties in the state in which normally employed or rendering services. Civil defense forces will continue under the command and control of their regular leaders, but the organizational units will come under the operational control of the civil defense authorities of the state receiving assistance. ARTICLE IV Whenever any person holds a license, certificate, or other permit issued by any state evidencing the meeting of qualifications for professional, mechanical, or other skills, such person may render aid involving such skill in any party state to meet an emergency or disaster, and such state shall give due recognition to such license, certificate, or other permit as if issued in the state in which aid is rendered. ARTICLE V No party state or its officers or employees rendering aid in another state pursuant to this compact shall be liable on account of any act or omission in good faith on the part of such forces while so engaged, or on account of the maintenance or use of any equipment or supplies in connection therewith. ARTICLE VI Inasmuch as it is probable that the pattern and detail of the machinery for mutual aid among two (2) or more states may differ from that appropriate among other states party hereto, this instrument contains elements of a broad base common to all states, and nothing herein contained shall preclude any state from entering into supplementary agreements with another state or states. Such supplementary agreements may complement, but shall not be limited to, provisions for evacuation and reception of injured and other persons, and the exchange of medical, fire, police, public utility, reconnaissance, welfare, transportation, and communications personnel, equipment and supplies. ARTICLE VII Each party state shall provide for the payment of compensation and death benefits to injured members of the civil defense forces of that state and the representatives of deceased members of such forces in case such members sustain injuries or are killed while rendering aid pursuant to this compact, in the same manner and on the same terms as if the injury or death were sustained within such state. ARTICLE VIII Any party state rendering aid in another state pursuant to this compact shall be reimbursed by the party state receiving such aid for any loss or damage to, or expense incurred in, the operation of any equipment answering a request for aid, and for the cost incurred in connection with such requests, including amounts paid under Article VII; provided, that any aiding party state may assume in whole or in part such loss, damage, expense, or other cost, or may loan such equipment or donate such services to the receiving party state without charge or cost; and provided further that any two (2) or more party states may enter into supplementary agreements establishing a different allocation of costs as among those states. The United States Government may relieve the party state receiving aid from any liability and reimburse the party state supplying civil defense forces for compensation paid to and the transportation, subsistence, and maintenance expenses of such forces during the time of the rendition of such aid or assistance outside the state and may also pay fair and reasonable compensation for the use or utilization of the supplies, materials, equipment, or facilities so utilized or consumed. The State of Arkansas will only honor reimbursement claims from other states rendering aid to Arkansas to the same level of reimbursement and for the same items or areas of cost as each of those states' interstate compact laws provide to requesting states. ARTICLE IX Plans for the orderly evacuation and reception of the civilian population as the result of an emergency or disaster shall be worked out from time to time between representatives of the party states and the various local civil defense areas thereof. Such plans shall include the manner of transporting such evacuees, the number of evacuees to be received in different areas, the manner in which food, clothing, housing, and medical care will be provided, the registration of the evacuees, the providing of facilities for the notification of relatives or friends, and the forwarding of such evacuees to other areas or the bringing in of additional materials, supplies, and all other relevant factors. Such plans shall provide that the party state receiving evacuees shall be reimbursed generally for the out-of-pocket expenses incurred in receiving and caring for such evacuees, for expenditures for transportation, food, clothing, medicines and medical care, and like items. Such expenditures shall be reimbursed by the party state of which the evacuees are residents, or by the United States Government under plans approved by it. After the termination of the emergency or disaster, the party state of which the evacuees are resident shall assume the responsibility for the ultimate support or repatriation of such evacuees. ARTICLE X This compact shall be available to any state, territory, or possession of the United States, and the District of Columbia. The term "state" may also include any neighboring foreign country or province or state thereof. ARTICLE XI The committee established pursuant to Article I of this compact may request the Federal Emergency Management Agency, or its successor, of the United States Government to act as an informational and coordinating body under this compact, and representatives of such agency of the United States Government may attend meetings of such committee. ARTICLE XII This compact shall become operative immediately upon its ratification by any state as between it and any other state or states so ratifying and shall be subject to approval by Congress unless prior congressional approval has been given. Duly authenticated copies of this compact and of supplementary agreements as may be entered into shall, at the time of their approval, be deposited with each of the party states and the Federal Emergency Management Agency, or its successor, and other appropriate agencies of the United States Government. ARTICLE XIII This compact shall continue in force and remain binding on each party state until the legislature or the Governor of such party state takes action to withdraw therefrom. Such action shall not be effective until thirty (30) days after notice thereof has been sent by the Governor of the party state desiring to withdraw to the Governors of all other party states. ARTICLE XIV This compact shall be construed to effectuate the purposes stated in Article I hereof. If any provision of this compact is declared unconstitutional, or the applicability thereof to any person or circumstance is held invalid, the constitutionality of the remainder of this compact and the applicability thereof to other persons and circumstances shall not be affected thereby. ARTICLE XV It has been found and declared by the General Assembly of Arkansas that there is an immediate necessity to hasten the completion of plans to prepare this state and people thereof against the possibilities of disaster resulting from enemy attack, sabotage, or other hostile action or from natural disasters, such as fire, flood, earthquake, or other natural causes, and that enactment of this bill will hasten completion of such plans. Therefore, an emergency is declared to exist, this chapter being necessary for the preservation of the public peace, health, and safety, shall take effect and be in force and operation from the date of its approval. ARTICLE XVI DEFINITIONS: (1) "Civil defense" shall be used here to be synonymous with emergency services, emergency management, or future terms denoting an emergency or disaster response organization or capability with the chief goal of protecting life, limb, and/or property of citizens that could be lost because of a disaster agent. (2) "Civil defense forces" means all state, county, and local government agencies, departments, offices, and personnel, qualified emergency service workers as defined by § 12-75-103 , and all private volunteer citizens called upon by state officials to provide emergency service in response to a disaster agent or to one that is pending. (3) "State employees" include all persons paid wages or salaries by the State of Arkansas, all qualified emergency service workers as defined by § 12-75-103 , and all private volunteer Arkansas citizens called upon by state officials to provide emergency services. Acts 1973, No. 232, § 2; A.S.A. 1947, § 11-2002; Acts 1989, No. 247, §§ 3-6.

The Interstate Civil Defense and Disaster Compact is enacted into law and entered into with all jurisdictions legally joining therein in the form substantially as follows:

INTERSTATE CIVIL DEFENSE AND DISASTER COMPACT

ARTICLE I The purpose of this compact is to provide mutual aid among the states in meeting any emergency or disaster from enemy attack, natural cause, or other cause. The prompt, full, and effective utilization of the resources of the respective states, including such resources as may be available from the United States Government or any other source, are essential to the safety, care, and welfare of the people thereof in the event of enemy action or other emergency, and any other resources including personnel, equipment, or supplies shall be incorporated into a plan or plans of mutual aid to be developed among the civil defense agencies or similar bodies of the states that are parties hereto. The Directors of Civil Defense of all party states shall constitute a committee to formulate plans to take all necessary steps for the implementation of this contract.

ARTICLE II It shall be the duty of each party state to formulate civil defense plans and programs for application within such state. There shall be frequent consultation between the representatives of the states and with the United States Government and the free exchange of information and plans, including inventories of any materials and equipment available for civil defense. In carrying out such civil defense plans and programs, the party states shall, so far as possible, provide and follow uniform standards, practices, and rules and regulations including: (a) Insignia and any other distinctive articles to designate and distinguish the different civil defense services; (b) Mobilization of civil defense forces and other tests and exercises; (c) Warnings and signals for drills or attacks and the mechanical devices to be used in connection therewith; (d) Shutting off water mains, gas mains, electric power connections, and the suspension of all other utility services; (e) All materials or equipment used or to be used for civil defense purposes in order to assure that such materials and equipment will be easily and freely interchangeable when used in or by any other party state; (f) The conduct of civilians and the movement and cessation of movement of pedestrians and vehicular traffic, prior, during, and subsequent to drills or attacks or disasters; (g) The safety of public meetings or gatherings; (h) Standardized data bank of response and recovery resources; and (i) Disaster forecasts and reports.

It shall be the duty of each party state to formulate civil defense plans and programs for application within such state. There shall be frequent consultation between the representatives of the states and with the United States Government and the free exchange of information and plans, including inventories of any materials and equipment available for civil defense. In carrying out such civil defense plans and programs, the party states shall, so far as possible, provide and follow uniform standards, practices, and rules and regulations including:

(a) Insignia and any other distinctive articles to designate and distinguish the different civil defense services;

(b) Mobilization of civil defense forces and other tests and exercises;

(c) Warnings and signals for drills or attacks and the mechanical devices to be used in connection therewith;

(d) Shutting off water mains, gas mains, electric power connections, and the suspension of all other utility services;

(e) All materials or equipment used or to be used for civil defense purposes in order to assure that such materials and equipment will be easily and freely interchangeable when used in or by any other party state;

(f) The conduct of civilians and the movement and cessation of movement of pedestrians and vehicular traffic, prior, during, and subsequent to drills or attacks or disasters;

(g) The safety of public meetings or gatherings;

(h) Standardized data bank of response and recovery resources; and

(i) Disaster forecasts and reports.

ARTICLE III Any party state requested to render mutual aid shall take such action as is necessary to provide and make available the resources covered by this compact in accordance with the terms hereof; provided that it is understood that the state rendering aid may withhold resources to the extent necessary to provide reasonable protection for such state. Each party state shall extend to the civil defense forces of any other party state, while operating within its state limits under the terms and conditions of this compact, the same powers (except that of arrest unless specifically authorized by the receiving state), duties, rights, privileges, and immunities as if they were performing their duties in the state in which normally employed or rendering services. Civil defense forces will continue under the command and control of their regular leaders, but the organizational units will come under the operational control of the civil defense authorities of the state receiving assistance.

Any party state requested to render mutual aid shall take such action as is necessary to provide and make available the resources covered by this compact in accordance with the terms hereof; provided that it is understood that the state rendering aid may withhold resources to the extent necessary to provide reasonable protection for such state. Each party state shall extend to the civil defense forces of any other party state, while operating within its state limits under the terms and conditions of this compact, the same powers (except that of arrest unless specifically authorized by the receiving state), duties, rights, privileges, and immunities as if they were performing their duties in the state in which normally employed or rendering services. Civil defense forces will continue under the command and control of their regular leaders, but the organizational units will come under the operational control of the civil defense authorities of the state receiving assistance.

ARTICLE IV Whenever any person holds a license, certificate, or other permit issued by any state evidencing the meeting of qualifications for professional, mechanical, or other skills, such person may render aid involving such skill in any party state to meet an emergency or disaster, and such state shall give due recognition to such license, certificate, or other permit as if issued in the state in which aid is rendered.

Whenever any person holds a license, certificate, or other permit issued by any state evidencing the meeting of qualifications for professional, mechanical, or other skills, such person may render aid involving such skill in any party state to meet an emergency or disaster, and such state shall give due recognition to such license, certificate, or other permit as if issued in the state in which aid is rendered.

ARTICLE V No party state or its officers or employees rendering aid in another state pursuant to this compact shall be liable on account of any act or omission in good faith on the part of such forces while so engaged, or on account of the maintenance or use of any equipment or supplies in connection therewith.

No party state or its officers or employees rendering aid in another state pursuant to this compact shall be liable on account of any act or omission in good faith on the part of such forces while so engaged, or on account of the maintenance or use of any equipment or supplies in connection therewith.

ARTICLE VI Inasmuch as it is probable that the pattern and detail of the machinery for mutual aid among two (2) or more states may differ from that appropriate among other states party hereto, this instrument contains elements of a broad base common to all states, and nothing herein contained shall preclude any state from entering into supplementary agreements with another state or states. Such supplementary agreements may complement, but shall not be limited to, provisions for evacuation and reception of injured and other persons, and the exchange of medical, fire, police, public utility, reconnaissance, welfare, transportation, and communications personnel, equipment and supplies.

Inasmuch as it is probable that the pattern and detail of the machinery for mutual aid among two (2) or more states may differ from that appropriate among other states party hereto, this instrument contains elements of a broad base common to all states, and nothing herein contained shall preclude any state from entering into supplementary agreements with another state or states. Such supplementary agreements may complement, but shall not be limited to, provisions for evacuation and reception of injured and other persons, and the exchange of medical, fire, police, public utility, reconnaissance, welfare, transportation, and communications personnel, equipment and supplies.

ARTICLE VII Each party state shall provide for the payment of compensation and death benefits to injured members of the civil defense forces of that state and the representatives of deceased members of such forces in case such members sustain injuries or are killed while rendering aid pursuant to this compact, in the same manner and on the same terms as if the injury or death were sustained within such state.

Each party state shall provide for the payment of compensation and death benefits to injured members of the civil defense forces of that state and the representatives of deceased members of such forces in case such members sustain injuries or are killed while rendering aid pursuant to this compact, in the same manner and on the same terms as if the injury or death were sustained within such state.

ARTICLE VIII Any party state rendering aid in another state pursuant to this compact shall be reimbursed by the party state receiving such aid for any loss or damage to, or expense incurred in, the operation of any equipment answering a request for aid, and for the cost incurred in connection with such requests, including amounts paid under Article VII; provided, that any aiding party state may assume in whole or in part such loss, damage, expense, or other cost, or may loan such equipment or donate such services to the receiving party state without charge or cost; and provided further that any two (2) or more party states may enter into supplementary agreements establishing a different allocation of costs as among those states. The United States Government may relieve the party state receiving aid from any liability and reimburse the party state supplying civil defense forces for compensation paid to and the transportation, subsistence, and maintenance expenses of such forces during the time of the rendition of such aid or assistance outside the state and may also pay fair and reasonable compensation for the use or utilization of the supplies, materials, equipment, or facilities so utilized or consumed. The State of Arkansas will only honor reimbursement claims from other states rendering aid to Arkansas to the same level of reimbursement and for the same items or areas of cost as each of those states' interstate compact laws provide to requesting states.

Any party state rendering aid in another state pursuant to this compact shall be reimbursed by the party state receiving such aid for any loss or damage to, or expense incurred in, the operation of any equipment answering a request for aid, and for the cost incurred in connection with such requests, including amounts paid under Article VII; provided, that any aiding party state may assume in whole or in part such loss, damage, expense, or other cost, or may loan such equipment or donate such services to the receiving party state without charge or cost; and provided further that any two (2) or more party states may enter into supplementary agreements establishing a different allocation of costs as among those states. The United States Government may relieve the party state receiving aid from any liability and reimburse the party state supplying civil defense forces for compensation paid to and the transportation, subsistence, and maintenance expenses of such forces during the time of the rendition of such aid or assistance outside the state and may also pay fair and reasonable compensation for the use or utilization of the supplies, materials, equipment, or facilities so utilized or consumed. The State of Arkansas will only honor reimbursement claims from other states rendering aid to Arkansas to the same level of reimbursement and for the same items or areas of cost as each of those states' interstate compact laws provide to requesting states.

ARTICLE IX Plans for the orderly evacuation and reception of the civilian population as the result of an emergency or disaster shall be worked out from time to time between representatives of the party states and the various local civil defense areas thereof. Such plans shall include the manner of transporting such evacuees, the number of evacuees to be received in different areas, the manner in which food, clothing, housing, and medical care will be provided, the registration of the evacuees, the providing of facilities for the notification of relatives or friends, and the forwarding of such evacuees to other areas or the bringing in of additional materials, supplies, and all other relevant factors. Such plans shall provide that the party state receiving evacuees shall be reimbursed generally for the out-of-pocket expenses incurred in receiving and caring for such evacuees, for expenditures for transportation, food, clothing, medicines and medical care, and like items. Such expenditures shall be reimbursed by the party state of which the evacuees are residents, or by the United States Government under plans approved by it. After the termination of the emergency or disaster, the party state of which the evacuees are resident shall assume the responsibility for the ultimate support or repatriation of such evacuees.

Plans for the orderly evacuation and reception of the civilian population as the result of an emergency or disaster shall be worked out from time to time between representatives of the party states and the various local civil defense areas thereof. Such plans shall include the manner of transporting such evacuees, the number of evacuees to be received in different areas, the manner in which food, clothing, housing, and medical care will be provided, the registration of the evacuees, the providing of facilities for the notification of relatives or friends, and the forwarding of such evacuees to other areas or the bringing in of additional materials, supplies, and all other relevant factors. Such plans shall provide that the party state receiving evacuees shall be reimbursed generally for the out-of-pocket expenses incurred in receiving and caring for such evacuees, for expenditures for transportation, food, clothing, medicines and medical care, and like items. Such expenditures shall be reimbursed by the party state of which the evacuees are residents, or by the United States Government under plans approved by it. After the termination of the emergency or disaster, the party state of which the evacuees are resident shall assume the responsibility for the ultimate support or repatriation of such evacuees.

ARTICLE X This compact shall be available to any state, territory, or possession of the United States, and the District of Columbia. The term "state" may also include any neighboring foreign country or province or state thereof.

This compact shall be available to any state, territory, or possession of the United States, and the District of Columbia. The term "state" may also include any neighboring foreign country or province or state thereof.

ARTICLE XI The committee established pursuant to Article I of this compact may request the Federal Emergency Management Agency, or its successor, of the United States Government to act as an informational and coordinating body under this compact, and representatives of such agency of the United States Government may attend meetings of such committee.

The committee established pursuant to Article I of this compact may request the Federal Emergency Management Agency, or its successor, of the United States Government to act as an informational and coordinating body under this compact, and representatives of such agency of the United States Government may attend meetings of such committee.

ARTICLE XII This compact shall become operative immediately upon its ratification by any state as between it and any other state or states so ratifying and shall be subject to approval by Congress unless prior congressional approval has been given. Duly authenticated copies of this compact and of supplementary agreements as may be entered into shall, at the time of their approval, be deposited with each of the party states and the Federal Emergency Management Agency, or its successor, and other appropriate agencies of the United States Government.

This compact shall become operative immediately upon its ratification by any state as between it and any other state or states so ratifying and shall be subject to approval by Congress unless prior congressional approval has been given. Duly authenticated copies of this compact and of supplementary agreements as may be entered into shall, at the time of their approval, be deposited with each of the party states and the Federal Emergency Management Agency, or its successor, and other appropriate agencies of the United States Government.

ARTICLE XIII This compact shall continue in force and remain binding on each party state until the legislature or the Governor of such party state takes action to withdraw therefrom. Such action shall not be effective until thirty (30) days after notice thereof has been sent by the Governor of the party state desiring to withdraw to the Governors of all other party states.

This compact shall continue in force and remain binding on each party state until the legislature or the Governor of such party state takes action to withdraw therefrom. Such action shall not be effective until thirty (30) days after notice thereof has been sent by the Governor of the party state desiring to withdraw to the Governors of all other party states.

ARTICLE XIV This compact shall be construed to effectuate the purposes stated in Article I hereof. If any provision of this compact is declared unconstitutional, or the applicability thereof to any person or circumstance is held invalid, the constitutionality of the remainder of this compact and the applicability thereof to other persons and circumstances shall not be affected thereby.

This compact shall be construed to effectuate the purposes stated in Article I hereof. If any provision of this compact is declared unconstitutional, or the applicability thereof to any person or circumstance is held invalid, the constitutionality of the remainder of this compact and the applicability thereof to other persons and circumstances shall not be affected thereby.

ARTICLE XV It has been found and declared by the General Assembly of Arkansas that there is an immediate necessity to hasten the completion of plans to prepare this state and people thereof against the possibilities of disaster resulting from enemy attack, sabotage, or other hostile action or from natural disasters, such as fire, flood, earthquake, or other natural causes, and that enactment of this bill will hasten completion of such plans. Therefore, an emergency is declared to exist, this chapter being necessary for the preservation of the public peace, health, and safety, shall take effect and be in force and operation from the date of its approval.

It has been found and declared by the General Assembly of Arkansas that there is an immediate necessity to hasten the completion of plans to prepare this state and people thereof against the possibilities of disaster resulting from enemy attack, sabotage, or other hostile action or from natural disasters, such as fire, flood, earthquake, or other natural causes, and that enactment of this bill will hasten completion of such plans. Therefore, an emergency is declared to exist, this chapter being necessary for the preservation of the public peace, health, and safety, shall take effect and be in force and operation from the date of its approval.

ARTICLE XVI DEFINITIONS: (1) "Civil defense" shall be used here to be synonymous with emergency services, emergency management, or future terms denoting an emergency or disaster response organization or capability with the chief goal of protecting life, limb, and/or property of citizens that could be lost because of a disaster agent. (2) "Civil defense forces" means all state, county, and local government agencies, departments, offices, and personnel, qualified emergency service workers as defined by § 12-75-103 , and all private volunteer citizens called upon by state officials to provide emergency service in response to a disaster agent or to one that is pending. (3) "State employees" include all persons paid wages or salaries by the State of Arkansas, all qualified emergency service workers as defined by § 12-75-103 , and all private volunteer Arkansas citizens called upon by state officials to provide emergency services.

DEFINITIONS:

(1) "Civil defense" shall be used here to be synonymous with emergency services, emergency management, or future terms denoting an emergency or disaster response organization or capability with the chief goal of protecting life, limb, and/or property of citizens that could be lost because of a disaster agent.

(2) "Civil defense forces" means all state, county, and local government agencies, departments, offices, and personnel, qualified emergency service workers as defined by § 12-75-103 , and all private volunteer citizens called upon by state officials to provide emergency service in response to a disaster agent or to one that is pending.

(3) "State employees" include all persons paid wages or salaries by the State of Arkansas, all qualified emergency service workers as defined by § 12-75-103 , and all private volunteer Arkansas citizens called upon by state officials to provide emergency services.

Acts 1973, No. 232, § 2; A.S.A. 1947, § 11-2002; Acts 1989, No. 247, §§ 3-6.
Ark. Code Ann. § 12-61-104 — AR Code / Title 12 / Chapter 61 / Subchapter 1 / Section 12-61-104
Custom and usage of the United States Armed Forces
Status: in_force

All matters relating to the organization, discipline, and government of the organized militia, not otherwise provided for in this code or in rules issued pursuant thereto, shall be as prescribed by the customs and usages of the appropriate force or forces of the United States. Amended by Act 2019, No. 315,§ 919, eff. 7/24/2019. Acts 1969, No. 50, § 200; A.S.A. 1947, § 11-1102.

All matters relating to the organization, discipline, and government of the organized militia, not otherwise provided for in this code or in rules issued pursuant thereto, shall be as prescribed by the customs and usages of the appropriate force or forces of the United States.

Amended by Act 2019, No. 315,§ 919, eff. 7/24/2019.

Acts 1969, No. 50, § 200; A.S.A. 1947, § 11-1102.
Ark. Code Ann. § 12-12-1006 — AR Code / Title 12 / Chapter 12 / Subchapter 10 / Section 12-12-1006
Fingerprinting, DNA sample collection, and photographing
Status: in_force

(a) (1) (A) (i) Immediately following an arrest for a Class A misdemeanor, a law enforcement official may take, or cause to be taken, the fingerprints and a photograph of the arrested person. (ii) Immediately following an arrest for a felony offense, a law enforcement official at the receiving criminal detention facility shall take, or cause to be taken, the fingerprints and a photograph of the arrested person. (B) A law enforcement official shall not take fingerprints of the arrested person if: (i) The arrest was for a probation violation; and (ii) The arrested person's fingerprints are already possessed by the Identification Bureau of the Division of Arkansas State Police. (2) (A) In addition to the requirements of subdivision (a)(1) of this section, a law enforcement official at the receiving criminal detention facility shall take, or cause to be taken, a DNA sample of a person arrested for any felony offense. (B) The receiving criminal detention facility shall either: (i) Submit the DNA sample taken under subdivision (a)(2)(A) of this section to the State Crime Laboratory for analysis; or (ii) (a) If the receiving criminal detention facility is authorized by the State Crime Laboratory to use rapid DNA technology, analyze the DNA sample taken under subdivision (a)(2)(A) of this section at arrest using rapid DNA technology. (b) However, if the analysis of a DNA sample fails using the rapid DNA technology, the receiving criminal detention facility shall collect another DNA sample and submit that DNA sample to the State Crime Laboratory for analysis. (C) If the receiving criminal detention facility is using Rapid DNA technology to analyze a DNA sample taken from individuals arrested for a felony offense, then the taken DNA sample under subdivision (a)(2)(A) of this section shall not be retained or stored after completion of the Rapid DNA identification process. (b) (1) When the first appearance of a defendant in court is caused by a citation or summons for a Class A misdemeanor, a law enforcement official shall take, or cause to be taken, the fingerprints and a photograph of the arrested person. (2) (A) When the first appearance of a defendant in court is caused by a summons for a felony offense, a law enforcement official at the receiving criminal detention facility shall take, or cause to be taken, the fingerprints and a photograph of the arrested person. (B) In addition to the requirements of subdivision (b)(2)(A) of this section, if the first appearance of a defendant in court is caused by a summons for a felony offense, the court immediately shall order and a law enforcement officer shall take or cause to be taken a DNA sample of the arrested person. (c) (1) When felony or Class A misdemeanor charges are brought against a person already in the custody of a law enforcement agency or correctional agency and the charges are separate from the charges for which the person was previously arrested or confined, the law enforcement agency or the correctional agency shall again take the fingerprints and photograph of the person in connection with the new charges. (2) In addition to the requirements of subdivision (c)(1) of this section, when a felony charge enumerated in subdivision (a)(2) of this section is brought against a person already in the custody of a law enforcement agency or a correctional agency and the felony charge is separate from the charge or charges for which the person was previously arrested or confined, the law enforcement agency or the correctional agency shall take or cause to be taken a DNA sample of the person in connection with the new felony charge unless the law enforcement agency or the correctional agency can verify that the person's DNA record is stored in the State DNA Data Base or CODIS. (d) (1) When a defendant pleads guilty or nolo contendere to or is found guilty of any felony or Class A misdemeanor charge, the court shall order that the defendant be immediately fingerprinted and photographed by the appropriate law enforcement official. (2) In addition to the requirements of subdivision (d)(1) of this section, if a defendant pleads guilty or nolo contendere to or is found guilty of a felony charge enumerated in subdivision (a)(2) of this section, the court shall order that the defendant provide a DNA sample to the appropriate law enforcement official unless the appropriate law enforcement official can verify that the defendant's DNA record is stored in the State DNA Data Base or CODIS. (e) (1) Fingerprints or photographs taken after arrest or court appearance under subsections (a) and (b) of this section or taken from persons already in custody under subsection (c) of this section shall be forwarded to the Identification Bureau of the Division of Arkansas State Police within forty-eight (48) hours after the arrest or court appearance. (2) Fingerprints or photographs taken under subsection (d) of this section shall be forwarded to the Identification Bureau by the fingerprinting official within five (5) working days after the plea or finding of guilt. (f) Fingerprint cards or fingerprint images may be retained by the Identification Bureau, and criminal history information may be retained by the central repository for any criminal offense. (g) (1) Except as provided in subdivision (a)(2) of this section, a DNA sample provided under this section shall be delivered to the State Crime Laboratory by a law enforcement officer at the law enforcement agency that took the sample in accordance with rules promulgated by the State Crime Laboratory. (2) Except for a DNA sample analyzed using rapid DNA technology, a DNA sample taken under this section shall be retained in the State DNA Data Bank established under § 12-12-1106 . (h) A DNA sample provided under this section shall be taken in accordance with rules promulgated by the State Crime Laboratory in consultation with the Division of Arkansas State Police and the Department of Health. (i) Refusal to be fingerprinted or photographed or refusal to provide a DNA sample as required by this subchapter is a Class B misdemeanor. (j) (1) A person authorized by this section to take a DNA sample is not criminally liable for taking a DNA sample under this subchapter if he or she takes the DNA sample in good faith and uses reasonable force. (2) A person authorized by this section to take a DNA sample is not civilly liable for taking a DNA sample if the person acted in good faith, in a reasonable manner, using reasonable force, and according to generally accepted medical and other professional practices. (k) (1) An authorized law enforcement agency or an authorized correctional agency may employ reasonable force if an individual refuses to submit to a taking of a DNA sample authorized under this subchapter. (2) An employee of an authorized law enforcement agency or an authorized correctional agency is not criminally or civilly liable for the use of reasonable force described in subdivision (k)(1) of this section. (l) A person less than eighteen (18) years of age is exempt from all provisions of this section regarding the collection of a DNA sample unless that person is charged by the prosecuting attorney as an adult in circuit court or pleads guilty or nolo contendere to or is found guilty of a felony offense in circuit court. (m) (1) Notice that a DNA sample is required to be provided under this section is not required. (2) A person subject to this section who has not provided a DNA sample for any reason, including without limitation an oversight, shall give a DNA sample for inclusion in the State DNA Data Base after being notified by the appropriate receiving criminal detention facility, law enforcement official, law enforcement agency, or correctional agency or the State Crime Laboratory. (3) If a person's DNA sample is not adequate for any reason, the person shall provide another DNA sample for analysis. (4) The State Crime Laboratory or any other aggrieved entity may institute an action in a court of competent jurisdiction against any person to compel the person to comply with this section. Amended by Act 2023, No. 785,§ 1, eff. 8/1/2023. Amended by Act 2023, No. 392,§ 5, eff. 8/1/2023. Amended by Act 2023, No. 392,§ 4, eff. 8/1/2023. Amended by Act 2023, No. 392,§ 3, eff. 8/1/2023. Amended by Act 2021, No. 962,§ 1, eff. 7/28/2021. Amended by Act 2015, No. 954,§ 1, eff. 7/22/2015. Amended by Act 2015, No. 543,§ 1, eff. 7/22/2015. Acts 1993, No. 1109, § 5; 1997, No. 826, § 5; 1997, No. 1231, § 1; 2001, No. 177, § 2; 2001, No. 1712, § 2; 2009, No. 974, § 6; 2011, No. 699, § 1. Act 2023, No. 392provides this act shall be known and may be cited as "The Liza Fletcher Act".

(a) (1) (A) (i) Immediately following an arrest for a Class A misdemeanor, a law enforcement official may take, or cause to be taken, the fingerprints and a photograph of the arrested person. (ii) Immediately following an arrest for a felony offense, a law enforcement official at the receiving criminal detention facility shall take, or cause to be taken, the fingerprints and a photograph of the arrested person. (B) A law enforcement official shall not take fingerprints of the arrested person if: (i) The arrest was for a probation violation; and (ii) The arrested person's fingerprints are already possessed by the Identification Bureau of the Division of Arkansas State Police. (2) (A) In addition to the requirements of subdivision (a)(1) of this section, a law enforcement official at the receiving criminal detention facility shall take, or cause to be taken, a DNA sample of a person arrested for any felony offense. (B) The receiving criminal detention facility shall either: (i) Submit the DNA sample taken under subdivision (a)(2)(A) of this section to the State Crime Laboratory for analysis; or (ii) (a) If the receiving criminal detention facility is authorized by the State Crime Laboratory to use rapid DNA technology, analyze the DNA sample taken under subdivision (a)(2)(A) of this section at arrest using rapid DNA technology. (b) However, if the analysis of a DNA sample fails using the rapid DNA technology, the receiving criminal detention facility shall collect another DNA sample and submit that DNA sample to the State Crime Laboratory for analysis. (C) If the receiving criminal detention facility is using Rapid DNA technology to analyze a DNA sample taken from individuals arrested for a felony offense, then the taken DNA sample under subdivision (a)(2)(A) of this section shall not be retained or stored after completion of the Rapid DNA identification process.

(1) (A) (i) Immediately following an arrest for a Class A misdemeanor, a law enforcement official may take, or cause to be taken, the fingerprints and a photograph of the arrested person. (ii) Immediately following an arrest for a felony offense, a law enforcement official at the receiving criminal detention facility shall take, or cause to be taken, the fingerprints and a photograph of the arrested person. (B) A law enforcement official shall not take fingerprints of the arrested person if: (i) The arrest was for a probation violation; and (ii) The arrested person's fingerprints are already possessed by the Identification Bureau of the Division of Arkansas State Police.

(A) (i) Immediately following an arrest for a Class A misdemeanor, a law enforcement official may take, or cause to be taken, the fingerprints and a photograph of the arrested person. (ii) Immediately following an arrest for a felony offense, a law enforcement official at the receiving criminal detention facility shall take, or cause to be taken, the fingerprints and a photograph of the arrested person.

(i) Immediately following an arrest for a Class A misdemeanor, a law enforcement official may take, or cause to be taken, the fingerprints and a photograph of the arrested person.

(ii) Immediately following an arrest for a felony offense, a law enforcement official at the receiving criminal detention facility shall take, or cause to be taken, the fingerprints and a photograph of the arrested person.

(B) A law enforcement official shall not take fingerprints of the arrested person if: (i) The arrest was for a probation violation; and (ii) The arrested person's fingerprints are already possessed by the Identification Bureau of the Division of Arkansas State Police.

(i) The arrest was for a probation violation; and

(ii) The arrested person's fingerprints are already possessed by the Identification Bureau of the Division of Arkansas State Police.

(2) (A) In addition to the requirements of subdivision (a)(1) of this section, a law enforcement official at the receiving criminal detention facility shall take, or cause to be taken, a DNA sample of a person arrested for any felony offense. (B) The receiving criminal detention facility shall either: (i) Submit the DNA sample taken under subdivision (a)(2)(A) of this section to the State Crime Laboratory for analysis; or (ii) (a) If the receiving criminal detention facility is authorized by the State Crime Laboratory to use rapid DNA technology, analyze the DNA sample taken under subdivision (a)(2)(A) of this section at arrest using rapid DNA technology. (b) However, if the analysis of a DNA sample fails using the rapid DNA technology, the receiving criminal detention facility shall collect another DNA sample and submit that DNA sample to the State Crime Laboratory for analysis. (C) If the receiving criminal detention facility is using Rapid DNA technology to analyze a DNA sample taken from individuals arrested for a felony offense, then the taken DNA sample under subdivision (a)(2)(A) of this section shall not be retained or stored after completion of the Rapid DNA identification process.

(A) In addition to the requirements of subdivision (a)(1) of this section, a law enforcement official at the receiving criminal detention facility shall take, or cause to be taken, a DNA sample of a person arrested for any felony offense.

(B) The receiving criminal detention facility shall either: (i) Submit the DNA sample taken under subdivision (a)(2)(A) of this section to the State Crime Laboratory for analysis; or (ii) (a) If the receiving criminal detention facility is authorized by the State Crime Laboratory to use rapid DNA technology, analyze the DNA sample taken under subdivision (a)(2)(A) of this section at arrest using rapid DNA technology. (b) However, if the analysis of a DNA sample fails using the rapid DNA technology, the receiving criminal detention facility shall collect another DNA sample and submit that DNA sample to the State Crime Laboratory for analysis.

(i) Submit the DNA sample taken under subdivision (a)(2)(A) of this section to the State Crime Laboratory for analysis; or

(ii) (a) If the receiving criminal detention facility is authorized by the State Crime Laboratory to use rapid DNA technology, analyze the DNA sample taken under subdivision (a)(2)(A) of this section at arrest using rapid DNA technology. (b) However, if the analysis of a DNA sample fails using the rapid DNA technology, the receiving criminal detention facility shall collect another DNA sample and submit that DNA sample to the State Crime Laboratory for analysis.

(a) If the receiving criminal detention facility is authorized by the State Crime Laboratory to use rapid DNA technology, analyze the DNA sample taken under subdivision (a)(2)(A) of this section at arrest using rapid DNA technology.

(b) However, if the analysis of a DNA sample fails using the rapid DNA technology, the receiving criminal detention facility shall collect another DNA sample and submit that DNA sample to the State Crime Laboratory for analysis.

(C) If the receiving criminal detention facility is using Rapid DNA technology to analyze a DNA sample taken from individuals arrested for a felony offense, then the taken DNA sample under subdivision (a)(2)(A) of this section shall not be retained or stored after completion of the Rapid DNA identification process.

(b) (1) When the first appearance of a defendant in court is caused by a citation or summons for a Class A misdemeanor, a law enforcement official shall take, or cause to be taken, the fingerprints and a photograph of the arrested person. (2) (A) When the first appearance of a defendant in court is caused by a summons for a felony offense, a law enforcement official at the receiving criminal detention facility shall take, or cause to be taken, the fingerprints and a photograph of the arrested person. (B) In addition to the requirements of subdivision (b)(2)(A) of this section, if the first appearance of a defendant in court is caused by a summons for a felony offense, the court immediately shall order and a law enforcement officer shall take or cause to be taken a DNA sample of the arrested person.

(1) When the first appearance of a defendant in court is caused by a citation or summons for a Class A misdemeanor, a law enforcement official shall take, or cause to be taken, the fingerprints and a photograph of the arrested person.

(2) (A) When the first appearance of a defendant in court is caused by a summons for a felony offense, a law enforcement official at the receiving criminal detention facility shall take, or cause to be taken, the fingerprints and a photograph of the arrested person. (B) In addition to the requirements of subdivision (b)(2)(A) of this section, if the first appearance of a defendant in court is caused by a summons for a felony offense, the court immediately shall order and a law enforcement officer shall take or cause to be taken a DNA sample of the arrested person.

(A) When the first appearance of a defendant in court is caused by a summons for a felony offense, a law enforcement official at the receiving criminal detention facility shall take, or cause to be taken, the fingerprints and a photograph of the arrested person.

(B) In addition to the requirements of subdivision (b)(2)(A) of this section, if the first appearance of a defendant in court is caused by a summons for a felony offense, the court immediately shall order and a law enforcement officer shall take or cause to be taken a DNA sample of the arrested person.

(c) (1) When felony or Class A misdemeanor charges are brought against a person already in the custody of a law enforcement agency or correctional agency and the charges are separate from the charges for which the person was previously arrested or confined, the law enforcement agency or the correctional agency shall again take the fingerprints and photograph of the person in connection with the new charges. (2) In addition to the requirements of subdivision (c)(1) of this section, when a felony charge enumerated in subdivision (a)(2) of this section is brought against a person already in the custody of a law enforcement agency or a correctional agency and the felony charge is separate from the charge or charges for which the person was previously arrested or confined, the law enforcement agency or the correctional agency shall take or cause to be taken a DNA sample of the person in connection with the new felony charge unless the law enforcement agency or the correctional agency can verify that the person's DNA record is stored in the State DNA Data Base or CODIS.

(1) When felony or Class A misdemeanor charges are brought against a person already in the custody of a law enforcement agency or correctional agency and the charges are separate from the charges for which the person was previously arrested or confined, the law enforcement agency or the correctional agency shall again take the fingerprints and photograph of the person in connection with the new charges.

(2) In addition to the requirements of subdivision (c)(1) of this section, when a felony charge enumerated in subdivision (a)(2) of this section is brought against a person already in the custody of a law enforcement agency or a correctional agency and the felony charge is separate from the charge or charges for which the person was previously arrested or confined, the law enforcement agency or the correctional agency shall take or cause to be taken a DNA sample of the person in connection with the new felony charge unless the law enforcement agency or the correctional agency can verify that the person's DNA record is stored in the State DNA Data Base or CODIS.

(d) (1) When a defendant pleads guilty or nolo contendere to or is found guilty of any felony or Class A misdemeanor charge, the court shall order that the defendant be immediately fingerprinted and photographed by the appropriate law enforcement official. (2) In addition to the requirements of subdivision (d)(1) of this section, if a defendant pleads guilty or nolo contendere to or is found guilty of a felony charge enumerated in subdivision (a)(2) of this section, the court shall order that the defendant provide a DNA sample to the appropriate law enforcement official unless the appropriate law enforcement official can verify that the defendant's DNA record is stored in the State DNA Data Base or CODIS.

(1) When a defendant pleads guilty or nolo contendere to or is found guilty of any felony or Class A misdemeanor charge, the court shall order that the defendant be immediately fingerprinted and photographed by the appropriate law enforcement official.

(2) In addition to the requirements of subdivision (d)(1) of this section, if a defendant pleads guilty or nolo contendere to or is found guilty of a felony charge enumerated in subdivision (a)(2) of this section, the court shall order that the defendant provide a DNA sample to the appropriate law enforcement official unless the appropriate law enforcement official can verify that the defendant's DNA record is stored in the State DNA Data Base or CODIS.

(e) (1) Fingerprints or photographs taken after arrest or court appearance under subsections (a) and (b) of this section or taken from persons already in custody under subsection (c) of this section shall be forwarded to the Identification Bureau of the Division of Arkansas State Police within forty-eight (48) hours after the arrest or court appearance. (2) Fingerprints or photographs taken under subsection (d) of this section shall be forwarded to the Identification Bureau by the fingerprinting official within five (5) working days after the plea or finding of guilt.

(1) Fingerprints or photographs taken after arrest or court appearance under subsections (a) and (b) of this section or taken from persons already in custody under subsection (c) of this section shall be forwarded to the Identification Bureau of the Division of Arkansas State Police within forty-eight (48) hours after the arrest or court appearance.

(2) Fingerprints or photographs taken under subsection (d) of this section shall be forwarded to the Identification Bureau by the fingerprinting official within five (5) working days after the plea or finding of guilt.

(f) Fingerprint cards or fingerprint images may be retained by the Identification Bureau, and criminal history information may be retained by the central repository for any criminal offense.

(g) (1) Except as provided in subdivision (a)(2) of this section, a DNA sample provided under this section shall be delivered to the State Crime Laboratory by a law enforcement officer at the law enforcement agency that took the sample in accordance with rules promulgated by the State Crime Laboratory. (2) Except for a DNA sample analyzed using rapid DNA technology, a DNA sample taken under this section shall be retained in the State DNA Data Bank established under § 12-12-1106 .

(1) Except as provided in subdivision (a)(2) of this section, a DNA sample provided under this section shall be delivered to the State Crime Laboratory by a law enforcement officer at the law enforcement agency that took the sample in accordance with rules promulgated by the State Crime Laboratory.

(2) Except for a DNA sample analyzed using rapid DNA technology, a DNA sample taken under this section shall be retained in the State DNA Data Bank established under § 12-12-1106 .

(h) A DNA sample provided under this section shall be taken in accordance with rules promulgated by the State Crime Laboratory in consultation with the Division of Arkansas State Police and the Department of Health.

(i) Refusal to be fingerprinted or photographed or refusal to provide a DNA sample as required by this subchapter is a Class B misdemeanor.

(j) (1) A person authorized by this section to take a DNA sample is not criminally liable for taking a DNA sample under this subchapter if he or she takes the DNA sample in good faith and uses reasonable force. (2) A person authorized by this section to take a DNA sample is not civilly liable for taking a DNA sample if the person acted in good faith, in a reasonable manner, using reasonable force, and according to generally accepted medical and other professional practices.

(1) A person authorized by this section to take a DNA sample is not criminally liable for taking a DNA sample under this subchapter if he or she takes the DNA sample in good faith and uses reasonable force.

(2) A person authorized by this section to take a DNA sample is not civilly liable for taking a DNA sample if the person acted in good faith, in a reasonable manner, using reasonable force, and according to generally accepted medical and other professional practices.

(k) (1) An authorized law enforcement agency or an authorized correctional agency may employ reasonable force if an individual refuses to submit to a taking of a DNA sample authorized under this subchapter. (2) An employee of an authorized law enforcement agency or an authorized correctional agency is not criminally or civilly liable for the use of reasonable force described in subdivision (k)(1) of this section.

(1) An authorized law enforcement agency or an authorized correctional agency may employ reasonable force if an individual refuses to submit to a taking of a DNA sample authorized under this subchapter.

(2) An employee of an authorized law enforcement agency or an authorized correctional agency is not criminally or civilly liable for the use of reasonable force described in subdivision (k)(1) of this section.

(l) A person less than eighteen (18) years of age is exempt from all provisions of this section regarding the collection of a DNA sample unless that person is charged by the prosecuting attorney as an adult in circuit court or pleads guilty or nolo contendere to or is found guilty of a felony offense in circuit court.

(m) (1) Notice that a DNA sample is required to be provided under this section is not required. (2) A person subject to this section who has not provided a DNA sample for any reason, including without limitation an oversight, shall give a DNA sample for inclusion in the State DNA Data Base after being notified by the appropriate receiving criminal detention facility, law enforcement official, law enforcement agency, or correctional agency or the State Crime Laboratory. (3) If a person's DNA sample is not adequate for any reason, the person shall provide another DNA sample for analysis. (4) The State Crime Laboratory or any other aggrieved entity may institute an action in a court of competent jurisdiction against any person to compel the person to comply with this section.

(1) Notice that a DNA sample is required to be provided under this section is not required.

(2) A person subject to this section who has not provided a DNA sample for any reason, including without limitation an oversight, shall give a DNA sample for inclusion in the State DNA Data Base after being notified by the appropriate receiving criminal detention facility, law enforcement official, law enforcement agency, or correctional agency or the State Crime Laboratory.

(3) If a person's DNA sample is not adequate for any reason, the person shall provide another DNA sample for analysis.

(4) The State Crime Laboratory or any other aggrieved entity may institute an action in a court of competent jurisdiction against any person to compel the person to comply with this section.

Amended by Act 2023, No. 785,§ 1, eff. 8/1/2023.

Amended by Act 2023, No. 392,§ 5, eff. 8/1/2023.

Amended by Act 2023, No. 392,§ 4, eff. 8/1/2023.

Amended by Act 2023, No. 392,§ 3, eff. 8/1/2023.

Amended by Act 2021, No. 962,§ 1, eff. 7/28/2021.

Amended by Act 2015, No. 954,§ 1, eff. 7/22/2015.

Amended by Act 2015, No. 543,§ 1, eff. 7/22/2015.

Acts 1993, No. 1109, § 5; 1997, No. 826, § 5; 1997, No. 1231, § 1; 2001, No. 177, § 2; 2001, No. 1712, § 2; 2009, No. 974, § 6; 2011, No. 699, § 1.

Act 2023, No. 392provides this act shall be known and may be cited as "The Liza Fletcher Act".
Ark. Code Ann. § 12-76-101 — AR Code / Title 12 / Chapter 76 / Subchapter 1 / Section 12-76-101
Title
Status: in_force

This chapter may be cited as the "Interstate Civil Defense and Disaster Compact". Acts 1973, No. 232, § 1; A.S.A. 1947, § 11-2001.

This chapter may be cited as the "Interstate Civil Defense and Disaster Compact".

Acts 1973, No. 232, § 1; A.S.A. 1947, § 11-2001.
Ark. Code Ann. § 12-62-714 — AR Code / Title 12 / Chapter 62 / Subchapter 7 / Section 12-62-714
Eviction or distress of dependents of state active military service members
Status: in_force

(a) (1) Except as provided in subdivision (a)(2) of this section, a landlord may not evict or take and hold property of a service member or his or her dependents for nonpayment of rent during the service member's period of military service if the rent on the premises occupied by the service member or his or her dependents is less than one thousand two hundred dollars ($1,200) per month. (2) If the landlord petitions the court for an order affecting the service member or his or her dependent's right of possession, then a court may allow the landlord to evict and hold the property of a service member or his or her dependents under this subdivision (a)(2). (b) In any action affecting the right of possession, the court on its own motion may stay the proceedings for not longer than three (3) months or make any order the court determines to be reasonable and just under the circumstances unless the court finds that the ability of the tenant to pay the agreed rent is not materially affected by reason of the service member's military service. (c) When a stay is granted or other order is made by the court, the owner of the premises shall be entitled, upon application, to relief with respect to the premises to the extent and for any period as the court determines to be just and reasonable under the circumstances. (d) Any person who knowingly takes part, or attempts to do so, in any eviction or distress otherwise than as provided in subsection (a) of this section is guilty of an unclassified misdemeanor. (e) The Governor may order an allotment of the pay of a service member in military service in reasonable proportion to discharge the rent of premises occupied for dwelling purposes by any dependents of the service member. Acts 2003, No. 1003, § 14.

(a) (1) Except as provided in subdivision (a)(2) of this section, a landlord may not evict or take and hold property of a service member or his or her dependents for nonpayment of rent during the service member's period of military service if the rent on the premises occupied by the service member or his or her dependents is less than one thousand two hundred dollars ($1,200) per month. (2) If the landlord petitions the court for an order affecting the service member or his or her dependent's right of possession, then a court may allow the landlord to evict and hold the property of a service member or his or her dependents under this subdivision (a)(2).

(1) Except as provided in subdivision (a)(2) of this section, a landlord may not evict or take and hold property of a service member or his or her dependents for nonpayment of rent during the service member's period of military service if the rent on the premises occupied by the service member or his or her dependents is less than one thousand two hundred dollars ($1,200) per month.

(2) If the landlord petitions the court for an order affecting the service member or his or her dependent's right of possession, then a court may allow the landlord to evict and hold the property of a service member or his or her dependents under this subdivision (a)(2).

(b) In any action affecting the right of possession, the court on its own motion may stay the proceedings for not longer than three (3) months or make any order the court determines to be reasonable and just under the circumstances unless the court finds that the ability of the tenant to pay the agreed rent is not materially affected by reason of the service member's military service.

(c) When a stay is granted or other order is made by the court, the owner of the premises shall be entitled, upon application, to relief with respect to the premises to the extent and for any period as the court determines to be just and reasonable under the circumstances.

(d) Any person who knowingly takes part, or attempts to do so, in any eviction or distress otherwise than as provided in subsection (a) of this section is guilty of an unclassified misdemeanor.

(e) The Governor may order an allotment of the pay of a service member in military service in reasonable proportion to discharge the rent of premises occupied for dwelling purposes by any dependents of the service member.

Acts 2003, No. 1003, § 14.
Ark. Code Ann. § 12-10-311 — AR Code / Title 12 / Chapter 10 / Subchapter 3 / Section 12-10-311
[Repealed]
Status: repealed

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

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

Acts 1985, No. 683, § 7; A.S.A. 1947, § 73-1828.
Ark. Code Ann. § 12-88-107 — AR Code / Title 12 / Chapter 88 / Section 12-88-107
Notification required
Status: in_force

(a) (1) An out-of-state business that enters the state, upon request, shall provide to the Arkansas Department of Emergency Management a statement that the out-of-state business is in the state for the purpose of responding to a disaster or emergency. (2) The statement required under subdivision (a)(1) of this section shall include the out-of-state business's: (A) Name; (B) State of domicile; (C) Principal business address; (D) Federal tax identification number; (E) Date of entry into the state; and (F) Contact information. (b) (1) Upon request by the department, a registered business shall provide the information required in subsection (a) of this section for an affiliate that is an out-of-state business. (2) In addition to the information required under subsection (a) of this section, the notification provided under subdivision (b)(1) of this section shall include the contact information for the registered business. Added by Act 2015, No. 864,§ 1, eff. 3/31/2015.

(a) (1) An out-of-state business that enters the state, upon request, shall provide to the Arkansas Department of Emergency Management a statement that the out-of-state business is in the state for the purpose of responding to a disaster or emergency. (2) The statement required under subdivision (a)(1) of this section shall include the out-of-state business's: (A) Name; (B) State of domicile; (C) Principal business address; (D) Federal tax identification number; (E) Date of entry into the state; and (F) Contact information.

(1) An out-of-state business that enters the state, upon request, shall provide to the Arkansas Department of Emergency Management a statement that the out-of-state business is in the state for the purpose of responding to a disaster or emergency.

(2) The statement required under subdivision (a)(1) of this section shall include the out-of-state business's: (A) Name; (B) State of domicile; (C) Principal business address; (D) Federal tax identification number; (E) Date of entry into the state; and (F) Contact information.

(A) Name;

(B) State of domicile;

(C) Principal business address;

(D) Federal tax identification number;

(E) Date of entry into the state; and

(F) Contact information.

(b) (1) Upon request by the department, a registered business shall provide the information required in subsection (a) of this section for an affiliate that is an out-of-state business. (2) In addition to the information required under subsection (a) of this section, the notification provided under subdivision (b)(1) of this section shall include the contact information for the registered business.

(1) Upon request by the department, a registered business shall provide the information required in subsection (a) of this section for an affiliate that is an out-of-state business.

(2) In addition to the information required under subsection (a) of this section, the notification provided under subdivision (b)(1) of this section shall include the contact information for the registered business.

Added by Act 2015, No. 864,§ 1, eff. 3/31/2015.
Ark. Code Ann. § 12-61-205 — AR Code / Title 12 / Chapter 61 / Subchapter 2 / Section 12-61-205
Discipline, organization, and training
Status: in_force

(a) The system of discipline and training of the National Guard shall conform generally to that of the United States Armed Forces as it is now or may hereafter be prescribed by the President of the United States and conform to the provisions of the laws of the United States, except as otherwise provided in this code or by the rules issued by the Governor. (b) The forces of the Army National Guard and Air National Guard shall be organized, equipped, armed, disciplined, governed, administered, and trained as prescribed by the laws of the United States and by this code and the regulations and rules issued thereunder. (c) Pursuant to subsection (b) of this section, the Governor is authorized to organize, reorganize, or disband any unit, headquarters, or staff therein, to increase or decrease the number of commissioned officers, warrant officers and noncommissioned officers of any grade therein, and to increase or decrease the strength of the organized militia. However, no organization of the Army National Guard and Air National Guard, the members of which shall be entitled to and shall have received compensation under the provisions of the National Defense Act of 1916, as amended, shall be disbanded without the consent of the President of the United States, nor without such consent shall the commissioned or enlisted strength of any organization be reduced below the minimum that shall be prescribed therefor by the President of the United States. Amended by Act 2019, No. 315,§ 928, eff. 7/24/2019. Acts 1969, No. 50, §§ 24, 39; A.S.A. 1947, §§ 11-204, 11-407.

(a) The system of discipline and training of the National Guard shall conform generally to that of the United States Armed Forces as it is now or may hereafter be prescribed by the President of the United States and conform to the provisions of the laws of the United States, except as otherwise provided in this code or by the rules issued by the Governor.

(b) The forces of the Army National Guard and Air National Guard shall be organized, equipped, armed, disciplined, governed, administered, and trained as prescribed by the laws of the United States and by this code and the regulations and rules issued thereunder.

(c) Pursuant to subsection (b) of this section, the Governor is authorized to organize, reorganize, or disband any unit, headquarters, or staff therein, to increase or decrease the number of commissioned officers, warrant officers and noncommissioned officers of any grade therein, and to increase or decrease the strength of the organized militia. However, no organization of the Army National Guard and Air National Guard, the members of which shall be entitled to and shall have received compensation under the provisions of the National Defense Act of 1916, as amended, shall be disbanded without the consent of the President of the United States, nor without such consent shall the commissioned or enlisted strength of any organization be reduced below the minimum that shall be prescribed therefor by the President of the United States.

Amended by Act 2019, No. 315,§ 928, eff. 7/24/2019.

Acts 1969, No. 50, §§ 24, 39; A.S.A. 1947, §§ 11-204, 11-407.
Ark. Code Ann. § 12-18-310 — AR Code / Title 12 / Chapter 18 / Subchapter 3 / Section 12-18-310
Referrals on children born with and affected by fetal alcohol spectrum disorder or prenatal drug exposure to an illegal drug or a legal substance
Status: in_force

(a) All healthcare providers involved in the delivery or care of infants shall: (1) Contact the Department of Human Services regarding an infant born with and affected by: (A) A fetal alcohol spectrum disorder; (B) Maternal substance abuse resulting in prenatal drug exposure to an illegal or a legal substance; or (C) Withdrawal symptoms resulting from prenatal drug exposure to an illegal or a legal substance; and (2) Share all pertinent information, including health information, with the department regarding an infant born with and affected by: (A) A fetal alcohol spectrum disorder; (B) Maternal substance abuse resulting in prenatal drug exposure to an illegal or a legal substance; or (C) Withdrawal symptoms resulting from prenatal drug exposure to an illegal or a legal substance. (b) The department shall accept referrals, calls, and other communications from healthcare providers involved in the delivery or care of infants born with and affected by: (1) A fetal alcohol spectrum disorder; (2) Maternal substance abuse resulting in prenatal drug exposure to an illegal or a legal substance; or (3) Withdrawal symptoms resulting from prenatal drug exposure to an illegal or a legal substance. (c) (1) A plan of safe care shall be developed for infants affected by: (A) A fetal alcohol spectrum disorder; (B) Maternal substance abuse resulting in prenatal drug exposure to an illegal or a legal substance; or (C) Withdrawal symptoms resulting from prenatal drug exposure to an illegal or a legal substance. (2) (A) The plan of safe care shall be designed to ensure the safety and well-being of an infant following the release of the infant from the care of a healthcare provider. (B) A plan of safe care shall include content that addresses the health and substance use disorder treatment needs of the infant and affected family or caregiver. Amended by Act 2019, No. 598,§ 1, eff. 7/24/2019. Acts 2011, No. 1143, § 7.

(a) All healthcare providers involved in the delivery or care of infants shall: (1) Contact the Department of Human Services regarding an infant born with and affected by: (A) A fetal alcohol spectrum disorder; (B) Maternal substance abuse resulting in prenatal drug exposure to an illegal or a legal substance; or (C) Withdrawal symptoms resulting from prenatal drug exposure to an illegal or a legal substance; and (2) Share all pertinent information, including health information, with the department regarding an infant born with and affected by: (A) A fetal alcohol spectrum disorder; (B) Maternal substance abuse resulting in prenatal drug exposure to an illegal or a legal substance; or (C) Withdrawal symptoms resulting from prenatal drug exposure to an illegal or a legal substance.

(1) Contact the Department of Human Services regarding an infant born with and affected by: (A) A fetal alcohol spectrum disorder; (B) Maternal substance abuse resulting in prenatal drug exposure to an illegal or a legal substance; or (C) Withdrawal symptoms resulting from prenatal drug exposure to an illegal or a legal substance; and

(A) A fetal alcohol spectrum disorder;

(B) Maternal substance abuse resulting in prenatal drug exposure to an illegal or a legal substance; or

(C) Withdrawal symptoms resulting from prenatal drug exposure to an illegal or a legal substance; and

(2) Share all pertinent information, including health information, with the department regarding an infant born with and affected by: (A) A fetal alcohol spectrum disorder; (B) Maternal substance abuse resulting in prenatal drug exposure to an illegal or a legal substance; or (C) Withdrawal symptoms resulting from prenatal drug exposure to an illegal or a legal substance.

(A) A fetal alcohol spectrum disorder;

(B) Maternal substance abuse resulting in prenatal drug exposure to an illegal or a legal substance; or

(C) Withdrawal symptoms resulting from prenatal drug exposure to an illegal or a legal substance.

(b) The department shall accept referrals, calls, and other communications from healthcare providers involved in the delivery or care of infants born with and affected by: (1) A fetal alcohol spectrum disorder; (2) Maternal substance abuse resulting in prenatal drug exposure to an illegal or a legal substance; or (3) Withdrawal symptoms resulting from prenatal drug exposure to an illegal or a legal substance.

(1) A fetal alcohol spectrum disorder;

(2) Maternal substance abuse resulting in prenatal drug exposure to an illegal or a legal substance; or

(3) Withdrawal symptoms resulting from prenatal drug exposure to an illegal or a legal substance.

(c) (1) A plan of safe care shall be developed for infants affected by: (A) A fetal alcohol spectrum disorder; (B) Maternal substance abuse resulting in prenatal drug exposure to an illegal or a legal substance; or (C) Withdrawal symptoms resulting from prenatal drug exposure to an illegal or a legal substance. (2) (A) The plan of safe care shall be designed to ensure the safety and well-being of an infant following the release of the infant from the care of a healthcare provider. (B) A plan of safe care shall include content that addresses the health and substance use disorder treatment needs of the infant and affected family or caregiver.

(1) A plan of safe care shall be developed for infants affected by: (A) A fetal alcohol spectrum disorder; (B) Maternal substance abuse resulting in prenatal drug exposure to an illegal or a legal substance; or (C) Withdrawal symptoms resulting from prenatal drug exposure to an illegal or a legal substance.

(A) A fetal alcohol spectrum disorder;

(B) Maternal substance abuse resulting in prenatal drug exposure to an illegal or a legal substance; or

(C) Withdrawal symptoms resulting from prenatal drug exposure to an illegal or a legal substance.

(2) (A) The plan of safe care shall be designed to ensure the safety and well-being of an infant following the release of the infant from the care of a healthcare provider. (B) A plan of safe care shall include content that addresses the health and substance use disorder treatment needs of the infant and affected family or caregiver.

(A) The plan of safe care shall be designed to ensure the safety and well-being of an infant following the release of the infant from the care of a healthcare provider.

(B) A plan of safe care shall include content that addresses the health and substance use disorder treatment needs of the infant and affected family or caregiver.

Amended by Act 2019, No. 598,§ 1, eff. 7/24/2019.

Acts 2011, No. 1143, § 7.
Ark. Code Ann. § 12-64-714 — AR Code / Title 12 / Chapter 64 / Subchapter 7 / Section 12-64-714
Appeal
Status: in_force

(a) (1) (A) When an accused has exhausted all other rights of review within the organized militia, the accused may appeal a conviction and sentence of a court-martial that sentences the accused to incarceration to: (i) The Supreme Court; or (ii) If the rules of the Supreme Court provide, the Court of Appeals. (B) The Rules of Appellate Procedure-Criminal shall apply to all appeals to the Supreme Court and Court of Appeals under this code. (2) When an accused has exhausted all other rights of review with the organized militia, the accused may appeal the conviction and sentence of any court-martial that does not sentence the accused to incarceration to a board of review as provided under § 12-64-704 . (b) The proceedings for an appeal shall be initiated by filing a notice of appeal with the Adjutant General. The notice of appeal shall be served on the Adjutant General personally or by certified mail. It shall be unnecessary to serve other parties. Any appeal shall be filed with the Adjutant General no more than thirty (30) days after the effective date of the sentence under § 12-64-604 . (c) The record of any court-martial conviction and sentence appealed shall be lodged in the office of the clerk of the court within the time prescribed by law or court rule for filing an appeal of a criminal conviction in a circuit court in this state, and not thereafter, and only after the party appealing has paid to the Adjutant General the costs for preparation of the certified transcripts and to the military court clerk the filing costs, except for paupers as provided for by the appellate court rules. (d) In all cases of appeal to the Supreme Court or Court of Appeals, the appeal shall be taken on the record in the case, consisting of pertinent documents and papers, any transcript of evidence, and the findings and orders. The appellate jurisdiction of the Supreme Court and Court of Appeals shall extend only to questions of law, as in criminal cases appealed from the circuit courts. (e) Upon request of the defendant and a showing of indigency, the State Judge Advocate may appoint an attorney having the qualifications prescribed in § 12-64-410 to represent the defendant in the appeal of his or her court-martial conviction and sentence to the Supreme Court or Court of Appeals. (f) On an appeal under subdivision (a)(1) of this section, the state shall be represented by the Attorney General or his or her designee. Amended by Act 2019, No. 211,§ 19, eff. 2/26/2019. Amended by Act 2015, No. 1003,§ 32, eff. 7/22/2015. Acts 1987, No. 125, § 14.

(a) (1) (A) When an accused has exhausted all other rights of review within the organized militia, the accused may appeal a conviction and sentence of a court-martial that sentences the accused to incarceration to: (i) The Supreme Court; or (ii) If the rules of the Supreme Court provide, the Court of Appeals. (B) The Rules of Appellate Procedure-Criminal shall apply to all appeals to the Supreme Court and Court of Appeals under this code. (2) When an accused has exhausted all other rights of review with the organized militia, the accused may appeal the conviction and sentence of any court-martial that does not sentence the accused to incarceration to a board of review as provided under § 12-64-704 .

(1) (A) When an accused has exhausted all other rights of review within the organized militia, the accused may appeal a conviction and sentence of a court-martial that sentences the accused to incarceration to: (i) The Supreme Court; or (ii) If the rules of the Supreme Court provide, the Court of Appeals. (B) The Rules of Appellate Procedure-Criminal shall apply to all appeals to the Supreme Court and Court of Appeals under this code.

(A) When an accused has exhausted all other rights of review within the organized militia, the accused may appeal a conviction and sentence of a court-martial that sentences the accused to incarceration to: (i) The Supreme Court; or (ii) If the rules of the Supreme Court provide, the Court of Appeals.

(i) The Supreme Court; or

(ii) If the rules of the Supreme Court provide, the Court of Appeals.

(B) The Rules of Appellate Procedure-Criminal shall apply to all appeals to the Supreme Court and Court of Appeals under this code.

(2) When an accused has exhausted all other rights of review with the organized militia, the accused may appeal the conviction and sentence of any court-martial that does not sentence the accused to incarceration to a board of review as provided under § 12-64-704 .

(b) The proceedings for an appeal shall be initiated by filing a notice of appeal with the Adjutant General. The notice of appeal shall be served on the Adjutant General personally or by certified mail. It shall be unnecessary to serve other parties. Any appeal shall be filed with the Adjutant General no more than thirty (30) days after the effective date of the sentence under § 12-64-604 .

(c) The record of any court-martial conviction and sentence appealed shall be lodged in the office of the clerk of the court within the time prescribed by law or court rule for filing an appeal of a criminal conviction in a circuit court in this state, and not thereafter, and only after the party appealing has paid to the Adjutant General the costs for preparation of the certified transcripts and to the military court clerk the filing costs, except for paupers as provided for by the appellate court rules.

(d) In all cases of appeal to the Supreme Court or Court of Appeals, the appeal shall be taken on the record in the case, consisting of pertinent documents and papers, any transcript of evidence, and the findings and orders. The appellate jurisdiction of the Supreme Court and Court of Appeals shall extend only to questions of law, as in criminal cases appealed from the circuit courts.

(e) Upon request of the defendant and a showing of indigency, the State Judge Advocate may appoint an attorney having the qualifications prescribed in § 12-64-410 to represent the defendant in the appeal of his or her court-martial conviction and sentence to the Supreme Court or Court of Appeals.

(f) On an appeal under subdivision (a)(1) of this section, the state shall be represented by the Attorney General or his or her designee.

Amended by Act 2019, No. 211,§ 19, eff. 2/26/2019.

Amended by Act 2015, No. 1003,§ 32, eff. 7/22/2015.

Acts 1987, No. 125, § 14.
Ark. Code Ann. § 12-9-120 — AR Code / Title 12 / Chapter 9 / Subchapter 1 / Section 12-9-120
Imposition of administrative penalties
Status: in_force

(a) When determining the amount of an administrative penalty assessed against a law enforcement agency or governmental entity under subsection (b) of this section for violation of a rule of the Arkansas Commission on Law Enforcement Standards and Training, the commission shall consider: (1) The seriousness of the violation; (2) The law enforcement agency's or governmental entity's history of violations; (3) The amount the commission believes is necessary to deter future similar violations; (4) Efforts made by the law enforcement agency or governmental entity to correct the violation, including the immediacy and degree of corrective action; and (5) Any other consideration that the commission believes important. (b) (1) An administrative penalty may be assessed under this section in the following amounts: (A) For appointing a person who does not meet minimum standards as a law enforcement officer, an administrative penalty of no more than one thousand dollars ($1,000); and (B) For failing to timely submit any required appointment or separation documents, an administrative penalty of no more than three hundred fifty dollars ($350). (2) The administrative penalties authorized under this subsection may be assessed on a per-day basis, with each day considered a separate violation. (c) The presence of mitigating factors does not require the commission to dismiss a violation of commission rules. (d) (1) The Director of the Division of Law Enforcement Standards and Training may enter into an agreed-upon order concerning administrative penalties under this section with a law enforcement agency or governmental entity, subject to final approval of the commission. (2) The agreed-upon order under subdivision (d)(1) of this section may be in an amount that differs from the amounts in subdivision (b)(1) of this section. (e) (1) The commission shall provide written notice to a law enforcement agency or governmental entity of an alleged violation of a rule, and the law enforcement agency or governmental entity shall respond in writing within thirty (30) days of receipt of the written notice. (2) A law enforcement agency's or governmental entity's failure to respond within thirty (30) days of the written notice under subdivision (e)(1) of this section may result in the entry of a default order of assessment of an administrative penalty. (f) A law enforcement agency or governmental entity may request a hearing before the commission to contest the allegations set forth in the written notice under subsection (e) of this section within thirty (30) days of receipt of the written notice. Added by Act 2017, No. 497,§ 10, eff. 8/1/2017.

(a) When determining the amount of an administrative penalty assessed against a law enforcement agency or governmental entity under subsection (b) of this section for violation of a rule of the Arkansas Commission on Law Enforcement Standards and Training, the commission shall consider: (1) The seriousness of the violation; (2) The law enforcement agency's or governmental entity's history of violations; (3) The amount the commission believes is necessary to deter future similar violations; (4) Efforts made by the law enforcement agency or governmental entity to correct the violation, including the immediacy and degree of corrective action; and (5) Any other consideration that the commission believes important.

(1) The seriousness of the violation;

(2) The law enforcement agency's or governmental entity's history of violations;

(3) The amount the commission believes is necessary to deter future similar violations;

(4) Efforts made by the law enforcement agency or governmental entity to correct the violation, including the immediacy and degree of corrective action; and

(5) Any other consideration that the commission believes important.

(b) (1) An administrative penalty may be assessed under this section in the following amounts: (A) For appointing a person who does not meet minimum standards as a law enforcement officer, an administrative penalty of no more than one thousand dollars ($1,000); and (B) For failing to timely submit any required appointment or separation documents, an administrative penalty of no more than three hundred fifty dollars ($350). (2) The administrative penalties authorized under this subsection may be assessed on a per-day basis, with each day considered a separate violation.

(1) An administrative penalty may be assessed under this section in the following amounts: (A) For appointing a person who does not meet minimum standards as a law enforcement officer, an administrative penalty of no more than one thousand dollars ($1,000); and (B) For failing to timely submit any required appointment or separation documents, an administrative penalty of no more than three hundred fifty dollars ($350).

(A) For appointing a person who does not meet minimum standards as a law enforcement officer, an administrative penalty of no more than one thousand dollars ($1,000); and

(B) For failing to timely submit any required appointment or separation documents, an administrative penalty of no more than three hundred fifty dollars ($350).

(2) The administrative penalties authorized under this subsection may be assessed on a per-day basis, with each day considered a separate violation.

(c) The presence of mitigating factors does not require the commission to dismiss a violation of commission rules.

(d) (1) The Director of the Division of Law Enforcement Standards and Training may enter into an agreed-upon order concerning administrative penalties under this section with a law enforcement agency or governmental entity, subject to final approval of the commission. (2) The agreed-upon order under subdivision (d)(1) of this section may be in an amount that differs from the amounts in subdivision (b)(1) of this section.

(1) The Director of the Division of Law Enforcement Standards and Training may enter into an agreed-upon order concerning administrative penalties under this section with a law enforcement agency or governmental entity, subject to final approval of the commission.

(2) The agreed-upon order under subdivision (d)(1) of this section may be in an amount that differs from the amounts in subdivision (b)(1) of this section.

(e) (1) The commission shall provide written notice to a law enforcement agency or governmental entity of an alleged violation of a rule, and the law enforcement agency or governmental entity shall respond in writing within thirty (30) days of receipt of the written notice. (2) A law enforcement agency's or governmental entity's failure to respond within thirty (30) days of the written notice under subdivision (e)(1) of this section may result in the entry of a default order of assessment of an administrative penalty.

(1) The commission shall provide written notice to a law enforcement agency or governmental entity of an alleged violation of a rule, and the law enforcement agency or governmental entity shall respond in writing within thirty (30) days of receipt of the written notice.

(2) A law enforcement agency's or governmental entity's failure to respond within thirty (30) days of the written notice under subdivision (e)(1) of this section may result in the entry of a default order of assessment of an administrative penalty.

(f) A law enforcement agency or governmental entity may request a hearing before the commission to contest the allegations set forth in the written notice under subsection (e) of this section within thirty (30) days of receipt of the written notice.

Added by Act 2017, No. 497,§ 10, eff. 8/1/2017.
Ark. Code Ann. § 12-64-711 — AR Code / Title 12 / Chapter 64 / Subchapter 7 / Section 12-64-711
Finality of proceedings, findings, and sentences
Status: in_force

(a) The proceedings, findings, and sentences of courts-martial as reviewed and approved, as required by this code, and all dismissals and discharges carried into execution under sentences by courts-martial following review and approval, as required herein, are final and conclusive. (b) Orders publishing the proceedings of courts-martial and all action taken pursuant to those proceedings are binding upon all departments, courts, agencies, and officers of the state, subject only to action upon a petition for a new trial or appeal as provided in this subchapter. Amended by Act 2015, No. 1003,§ 31, eff. 7/22/2015. Acts 1969, No. 50, § 118; A.S.A. 1947, § 11-673.

(a) The proceedings, findings, and sentences of courts-martial as reviewed and approved, as required by this code, and all dismissals and discharges carried into execution under sentences by courts-martial following review and approval, as required herein, are final and conclusive.

(b) Orders publishing the proceedings of courts-martial and all action taken pursuant to those proceedings are binding upon all departments, courts, agencies, and officers of the state, subject only to action upon a petition for a new trial or appeal as provided in this subchapter.

Amended by Act 2015, No. 1003,§ 31, eff. 7/22/2015.

Acts 1969, No. 50, § 118; A.S.A. 1947, § 11-673.
Ark. Code Ann. § 12-29-101 — AR Code / Title 12 / Chapter 29 / Subchapter 1 / Section 12-29-101
Custody classifications and treatment programs
Status: in_force

(a) (1) The Director of the Division of Correction shall formulate and establish a system by which all prisoners delivered to and in the care and custody of the Division of Correction shall be classified according to deportment. (2) In this classification, consideration shall be given to the prisoner's demeanor while in the division's care and custody and the prisoner's record prior to commitment to the division. (b) Persons committed to the institutional care of the division shall be dealt with humanely with efforts directed to their rehabilitation. (c) (1) For these purposes, the division may establish programs of classification and diagnosis, education, casework, counseling and psychiatric therapy, vocational training and guidance, work, library and religious services, and other rehabilitation programs or services as may be indicated. (2) The division shall also institute procedures for the study and classification of inmates. (d) (1) With the approval of the Board of Corrections, the director shall establish rules for the assignment of inmates to the various programs, services, and work activities of the division. (2) Inmates in the institutions of the division may participate in and benefit from the vocational, educational, and rehabilitation services of their respective institutions solely within the rules of the division as determined by the director, subject to appeal and review by the Board of Corrections or a designated review board in accordance with procedures that shall be established by the Board of Corrections. Amended by Act 2019, No. 315,§ 891, eff. 7/24/2019. Acts 1943, No. 157, § 1; 1968 (1st Ex. Sess.), No. 50, § 8; 1981, No. 58, § 1; 1981, No. 59, § 1; A.S.A. 1947, §§ 46-116, 46-136.

(a) (1) The Director of the Division of Correction shall formulate and establish a system by which all prisoners delivered to and in the care and custody of the Division of Correction shall be classified according to deportment. (2) In this classification, consideration shall be given to the prisoner's demeanor while in the division's care and custody and the prisoner's record prior to commitment to the division.

(1) The Director of the Division of Correction shall formulate and establish a system by which all prisoners delivered to and in the care and custody of the Division of Correction shall be classified according to deportment.

(2) In this classification, consideration shall be given to the prisoner's demeanor while in the division's care and custody and the prisoner's record prior to commitment to the division.

(b) Persons committed to the institutional care of the division shall be dealt with humanely with efforts directed to their rehabilitation.

(c) (1) For these purposes, the division may establish programs of classification and diagnosis, education, casework, counseling and psychiatric therapy, vocational training and guidance, work, library and religious services, and other rehabilitation programs or services as may be indicated. (2) The division shall also institute procedures for the study and classification of inmates.

(1) For these purposes, the division may establish programs of classification and diagnosis, education, casework, counseling and psychiatric therapy, vocational training and guidance, work, library and religious services, and other rehabilitation programs or services as may be indicated.

(2) The division shall also institute procedures for the study and classification of inmates.

(d) (1) With the approval of the Board of Corrections, the director shall establish rules for the assignment of inmates to the various programs, services, and work activities of the division. (2) Inmates in the institutions of the division may participate in and benefit from the vocational, educational, and rehabilitation services of their respective institutions solely within the rules of the division as determined by the director, subject to appeal and review by the Board of Corrections or a designated review board in accordance with procedures that shall be established by the Board of Corrections.

(1) With the approval of the Board of Corrections, the director shall establish rules for the assignment of inmates to the various programs, services, and work activities of the division.

(2) Inmates in the institutions of the division may participate in and benefit from the vocational, educational, and rehabilitation services of their respective institutions solely within the rules of the division as determined by the director, subject to appeal and review by the Board of Corrections or a designated review board in accordance with procedures that shall be established by the Board of Corrections.

Amended by Act 2019, No. 315,§ 891, eff. 7/24/2019.

Acts 1943, No. 157, § 1; 1968 (1st Ex. Sess.), No. 50, § 8; 1981, No. 58, § 1; 1981, No. 59, § 1; A.S.A. 1947, §§ 46-116, 46-136.
Ark. Code Ann. § 12-62-413 — AR Code / Title 12 / Chapter 62 / Subchapter 4 / Section 12-62-413
Employment protection for members of armed forces
Status: in_force

(a) A person who is called to active state duty as a member of the armed forces of this state or any other state, including without limitation the National Guard, a reserve component of the armed forces, or the militia, is afforded such employment and reemployment rights, privileges, benefits, and protections in employment as though that person had been called to active duty in the service of the United States and shall not be denied hiring, retention in employment, promotion, or other incidents or advantages of employment because of any obligation as a member of the armed forces. (b) In any civil action to enforce the provisions of this section, the prevailing party may be allowed a reasonable attorney's fee to be assessed by the court and collected as costs. Acts 1993, No. 925, § 1; 1993, No. 1036, § 1; 2011, No. 1164, § 2.

(a) A person who is called to active state duty as a member of the armed forces of this state or any other state, including without limitation the National Guard, a reserve component of the armed forces, or the militia, is afforded such employment and reemployment rights, privileges, benefits, and protections in employment as though that person had been called to active duty in the service of the United States and shall not be denied hiring, retention in employment, promotion, or other incidents or advantages of employment because of any obligation as a member of the armed forces.

(b) In any civil action to enforce the provisions of this section, the prevailing party may be allowed a reasonable attorney's fee to be assessed by the court and collected as costs.

Acts 1993, No. 925, § 1; 1993, No. 1036, § 1; 2011, No. 1164, § 2.
Ark. Code Ann. § 12-62-702 — AR Code / Title 12 / Chapter 62 / Subchapter 7 / Section 12-62-702
Findings
Status: in_force

(a) Soldiers and airmen of the Arkansas National Guard who are called into active military service for the State of Arkansas are ineligible for civil relief under federal law, namely, the Soldiers' and Sailors' Civil Relief Act of 1940, 50 U.S.C. App. § 501 et seq. (b) Relief should be provided to the soldiers and airmen when they are called into extended active military service for the State of Arkansas. Acts 2003, No. 1003, § 2.

(a) Soldiers and airmen of the Arkansas National Guard who are called into active military service for the State of Arkansas are ineligible for civil relief under federal law, namely, the Soldiers' and Sailors' Civil Relief Act of 1940, 50 U.S.C. App. § 501 et seq.

(b) Relief should be provided to the soldiers and airmen when they are called into extended active military service for the State of Arkansas.

Acts 2003, No. 1003, § 2.
Ark. Code Ann. § 12-29-702 — AR Code / Title 12 / Chapter 29 / Subchapter 7 / Section 12-29-702
Earned release credits
Status: in_force

(a) Subject to rules promulgated by the Board of Corrections, an inmate eligible to accrue earned release credits may accrue earned release credits against the time spent in confinement pursuant to a sentence to the Division of Correction by the sentencing court. (b) (1) The Board of Corrections shall promulgate rules and the Division of Correction shall administer rules that set guidelines for accrual of earned release credits for work practices, job responsibilities, good behavior, and involvement in rehabilitative activities while in the custody of the Division of Correction. (2) The rules shall provide for uniform application of authorizing release to post-release supervision for an inmate who successfully completes programs determined to reduce recidivism and has met behavioral expectations while incarcerated. (c) (1) Earned release credits shall not be applied to reduce the length of a sentence but may reduce the length of time an inmate spends in confinement, upon approval of the Post-Prison Transfer Board. (2) Earned release credits may reduce the time of confinement only if awarded by the Post-Prison Transfer Board. (3) Earned release credits shall not reduce an inmate's time served in prison by more than the maximum amount authorized under §§ 16-93-1803 and 16-93-1804 . (d) (1) An inmate under sentence of death or life imprisonment without parole is not eligible to accrue earned release credits but may be pardoned or have his or her sentence commuted by the Governor, as provided by law. (2) Except as provided by subdivision (d)(3) of this section, an inmate sentenced to life imprisonment may accrue earned release credits if otherwise eligible but shall not be awarded earned release credits by the Post-Prison Transfer Board unless the sentence is commuted to a term of years by executive clemency. (3) An inmate serving a term of imprisonment for a felony ineligible to receive earned release credits as defined in § 16-93-1802 shall not be eligible to accrue earned release credits but may be pardoned or have his or her sentence commuted by the Governor, as provided by law. Added by Act 2023, No. 659,§ 112, eff. 1/1/2024.

(a) Subject to rules promulgated by the Board of Corrections, an inmate eligible to accrue earned release credits may accrue earned release credits against the time spent in confinement pursuant to a sentence to the Division of Correction by the sentencing court.

(b) (1) The Board of Corrections shall promulgate rules and the Division of Correction shall administer rules that set guidelines for accrual of earned release credits for work practices, job responsibilities, good behavior, and involvement in rehabilitative activities while in the custody of the Division of Correction. (2) The rules shall provide for uniform application of authorizing release to post-release supervision for an inmate who successfully completes programs determined to reduce recidivism and has met behavioral expectations while incarcerated.

(1) The Board of Corrections shall promulgate rules and the Division of Correction shall administer rules that set guidelines for accrual of earned release credits for work practices, job responsibilities, good behavior, and involvement in rehabilitative activities while in the custody of the Division of Correction.

(2) The rules shall provide for uniform application of authorizing release to post-release supervision for an inmate who successfully completes programs determined to reduce recidivism and has met behavioral expectations while incarcerated.

(c) (1) Earned release credits shall not be applied to reduce the length of a sentence but may reduce the length of time an inmate spends in confinement, upon approval of the Post-Prison Transfer Board. (2) Earned release credits may reduce the time of confinement only if awarded by the Post-Prison Transfer Board. (3) Earned release credits shall not reduce an inmate's time served in prison by more than the maximum amount authorized under §§ 16-93-1803 and 16-93-1804 .

(1) Earned release credits shall not be applied to reduce the length of a sentence but may reduce the length of time an inmate spends in confinement, upon approval of the Post-Prison Transfer Board.

(2) Earned release credits may reduce the time of confinement only if awarded by the Post-Prison Transfer Board.

(3) Earned release credits shall not reduce an inmate's time served in prison by more than the maximum amount authorized under §§ 16-93-1803 and 16-93-1804 .

(d) (1) An inmate under sentence of death or life imprisonment without parole is not eligible to accrue earned release credits but may be pardoned or have his or her sentence commuted by the Governor, as provided by law. (2) Except as provided by subdivision (d)(3) of this section, an inmate sentenced to life imprisonment may accrue earned release credits if otherwise eligible but shall not be awarded earned release credits by the Post-Prison Transfer Board unless the sentence is commuted to a term of years by executive clemency. (3) An inmate serving a term of imprisonment for a felony ineligible to receive earned release credits as defined in § 16-93-1802 shall not be eligible to accrue earned release credits but may be pardoned or have his or her sentence commuted by the Governor, as provided by law.

(1) An inmate under sentence of death or life imprisonment without parole is not eligible to accrue earned release credits but may be pardoned or have his or her sentence commuted by the Governor, as provided by law.

(2) Except as provided by subdivision (d)(3) of this section, an inmate sentenced to life imprisonment may accrue earned release credits if otherwise eligible but shall not be awarded earned release credits by the Post-Prison Transfer Board unless the sentence is commuted to a term of years by executive clemency.

(3) An inmate serving a term of imprisonment for a felony ineligible to receive earned release credits as defined in § 16-93-1802 shall not be eligible to accrue earned release credits but may be pardoned or have his or her sentence commuted by the Governor, as provided by law.

Added by Act 2023, No. 659,§ 112, eff. 1/1/2024.
Ark. Code Ann. § 12-12-104 — AR Code / Title 12 / Chapter 12 / Subchapter 1 / Section 12-12-104
Physical evidence in sex offense or violent offense prosecutions - Retention and disposition - Definitions
Status: in_force

(a) In a prosecution for a sex offense or a violent offense, the law enforcement agency shall preserve, subject to a continuous chain of custody, any physical evidence secured in relation to a trial and sufficient official documentation to locate that evidence. (b) (1) After a trial resulting in conviction, the evidence shall be impounded and securely retained by a law enforcement agency. (2) Retention shall be the greater of: (A) Permanent following any conviction for a violent offense; (B) For twenty-five (25) years following any conviction for a sex offense; and (C) For seven (7) years following any conviction for any other felony for which the defendant's genetic profile may be taken by a law enforcement agency and submitted for comparison to the State DNA Data Base for unsolved offenses. (c) After a conviction is entered, the prosecuting attorney or law enforcement agency having custody of the evidence may petition the court with notice to the defendant for entry of an order allowing disposition of the evidence if, after a hearing and a reasonable period of time in which to respond, the court determines by a preponderance of the evidence that: (1) The evidence has no significant value for forensic analysis and must be returned to its rightful owner; or (2) The evidence has no significant value for forensic analysis and is of a size, bulk, or physical character not usually retained by the law enforcement agency and cannot practicably be retained by the agency. (d) The court may order the disposition of the evidence if the defendant is allowed the opportunity to take reasonable measures to remove or preserve portions of the evidence in question for future testing. (e) (1) It is unlawful for any person to purposely fail to comply with the provisions of this section. (2) A person who violates this section is guilty of a Class A misdemeanor. (f) As used in this section: (1) "Law enforcement agency" means any police force or organization whose primary responsibility as established by statute or ordinance is the enforcement of the criminal laws, traffic laws, or highway laws of this state; (2) "Sex offense" means: (A) Rape, § 5-14-103 ; (B) Sexual indecency with a child, § 5-14-110 , if the offense is a felony; (C) Sexual assault in the first degree, § 5-14-124 ; (D) Sexual assault in the second degree, § 5-14-125 ; (E) Sexual assault in the third degree, § 5-14-126 ; (F) Sexual assault in the fourth degree, § 5-14-127 ; (G) Incest, § 5-26-202 ; (H) Engaging children in sexually explicit conduct for use in visual or print medium, § 5-27-303 ; (I) Transportation of minors for prohibited sexual conduct, § 5-27-305 ; (J) Employing or consenting to use of child in sexual performance, § 5-27-402 ; (K) Producing, directing, or promoting a sexual performance by a child, § 5-27-403 ; (L) Possession or use of child sexual abuse material, § 5-27-603 ; (M) Computer exploitation of a child in the first degree, § 5-27-605(a) ; (N) Promoting prostitution in the first degree, § 5-70-104 ; (O) Stalking, § 5-71-229 ; (P) An attempt, solicitation, or conspiracy to commit any of the offenses enumerated in this subdivision (f)(2); (Q) A violation of any former law of this state that is substantially equivalent to any of the offenses enumerated in this subdivision (f)(2); or (R) Sexual extortion, § 5-14-113 ; and (3) "Violent offense" means: (A) Capital murder, § 5-10-101 , murder in the first degree, § 5-10-102 , or murder in the second degree, § 5-10-103 ; (B) Manslaughter, § 5-10-104 ; (C) Kidnapping, § 5-11-102 ; (D) False imprisonment in the first degree, § 5-11-103 ; (E) Permanent detention or restraint, § 5-11-106 ; (F) Robbery, § 5-12-102 ; (G) Aggravated robbery, § 5-12-103 ; (H) Battery in the first degree, § 5-13-201 ; (I) Battery in the second degree, § 5-13-202 ; (J) Aggravated assault, § 5-13-204 ; (K) Terroristic threatening in the first degree, § 5-13-301 ; (L) Domestic battering in the first degree, § 5-26-303 , domestic battering in the second degree, § 5-26-304 , and domestic battering in the third degree, § 5-26-305 ; (M) Aggravated assault on family or household member, § 5-26-306 ; (N) Engaging in a continuing criminal gang, organization, or enterprise, § 5-74-104 ; (O) An attempt, solicitation, or conspiracy to commit any of the offenses enumerated in this subdivision (f)(3); (P) A violation of any former law of this state that is substantially equivalent to any of the offenses enumerated in this subdivision (f)(3); or (Q) Aggravated assault upon a law enforcement officer or an employee of a correctional facility, § 5-13-211 , if a Class Y felony. Amended by Act 2023, No. 619,§ 12, eff. 8/1/2023. Amended by Act 2023, No. 21,§ 7, eff. 8/1/2023. Amended by Act 2017, No. 664,§ 6, eff. 8/1/2017. Amended by Act 2017, No. 367,§ 11, eff. 8/1/2017. Acts 2001, No. 1780, § 11; 2011, No. 779, § 6.

(a) In a prosecution for a sex offense or a violent offense, the law enforcement agency shall preserve, subject to a continuous chain of custody, any physical evidence secured in relation to a trial and sufficient official documentation to locate that evidence.

(b) (1) After a trial resulting in conviction, the evidence shall be impounded and securely retained by a law enforcement agency. (2) Retention shall be the greater of: (A) Permanent following any conviction for a violent offense; (B) For twenty-five (25) years following any conviction for a sex offense; and (C) For seven (7) years following any conviction for any other felony for which the defendant's genetic profile may be taken by a law enforcement agency and submitted for comparison to the State DNA Data Base for unsolved offenses.

(1) After a trial resulting in conviction, the evidence shall be impounded and securely retained by a law enforcement agency.

(2) Retention shall be the greater of: (A) Permanent following any conviction for a violent offense; (B) For twenty-five (25) years following any conviction for a sex offense; and (C) For seven (7) years following any conviction for any other felony for which the defendant's genetic profile may be taken by a law enforcement agency and submitted for comparison to the State DNA Data Base for unsolved offenses.

(A) Permanent following any conviction for a violent offense;

(B) For twenty-five (25) years following any conviction for a sex offense; and

(C) For seven (7) years following any conviction for any other felony for which the defendant's genetic profile may be taken by a law enforcement agency and submitted for comparison to the State DNA Data Base for unsolved offenses.

(c) After a conviction is entered, the prosecuting attorney or law enforcement agency having custody of the evidence may petition the court with notice to the defendant for entry of an order allowing disposition of the evidence if, after a hearing and a reasonable period of time in which to respond, the court determines by a preponderance of the evidence that: (1) The evidence has no significant value for forensic analysis and must be returned to its rightful owner; or (2) The evidence has no significant value for forensic analysis and is of a size, bulk, or physical character not usually retained by the law enforcement agency and cannot practicably be retained by the agency.

(1) The evidence has no significant value for forensic analysis and must be returned to its rightful owner; or

(2) The evidence has no significant value for forensic analysis and is of a size, bulk, or physical character not usually retained by the law enforcement agency and cannot practicably be retained by the agency.

(d) The court may order the disposition of the evidence if the defendant is allowed the opportunity to take reasonable measures to remove or preserve portions of the evidence in question for future testing.

(e) (1) It is unlawful for any person to purposely fail to comply with the provisions of this section. (2) A person who violates this section is guilty of a Class A misdemeanor.

(1) It is unlawful for any person to purposely fail to comply with the provisions of this section.

(2) A person who violates this section is guilty of a Class A misdemeanor.

(f) As used in this section: (1) "Law enforcement agency" means any police force or organization whose primary responsibility as established by statute or ordinance is the enforcement of the criminal laws, traffic laws, or highway laws of this state; (2) "Sex offense" means: (A) Rape, § 5-14-103 ; (B) Sexual indecency with a child, § 5-14-110 , if the offense is a felony; (C) Sexual assault in the first degree, § 5-14-124 ; (D) Sexual assault in the second degree, § 5-14-125 ; (E) Sexual assault in the third degree, § 5-14-126 ; (F) Sexual assault in the fourth degree, § 5-14-127 ; (G) Incest, § 5-26-202 ; (H) Engaging children in sexually explicit conduct for use in visual or print medium, § 5-27-303 ; (I) Transportation of minors for prohibited sexual conduct, § 5-27-305 ; (J) Employing or consenting to use of child in sexual performance, § 5-27-402 ; (K) Producing, directing, or promoting a sexual performance by a child, § 5-27-403 ; (L) Possession or use of child sexual abuse material, § 5-27-603 ; (M) Computer exploitation of a child in the first degree, § 5-27-605(a) ; (N) Promoting prostitution in the first degree, § 5-70-104 ; (O) Stalking, § 5-71-229 ; (P) An attempt, solicitation, or conspiracy to commit any of the offenses enumerated in this subdivision (f)(2); (Q) A violation of any former law of this state that is substantially equivalent to any of the offenses enumerated in this subdivision (f)(2); or (R) Sexual extortion, § 5-14-113 ; and (3) "Violent offense" means: (A) Capital murder, § 5-10-101 , murder in the first degree, § 5-10-102 , or murder in the second degree, § 5-10-103 ; (B) Manslaughter, § 5-10-104 ; (C) Kidnapping, § 5-11-102 ; (D) False imprisonment in the first degree, § 5-11-103 ; (E) Permanent detention or restraint, § 5-11-106 ; (F) Robbery, § 5-12-102 ; (G) Aggravated robbery, § 5-12-103 ; (H) Battery in the first degree, § 5-13-201 ; (I) Battery in the second degree, § 5-13-202 ; (J) Aggravated assault, § 5-13-204 ; (K) Terroristic threatening in the first degree, § 5-13-301 ; (L) Domestic battering in the first degree, § 5-26-303 , domestic battering in the second degree, § 5-26-304 , and domestic battering in the third degree, § 5-26-305 ; (M) Aggravated assault on family or household member, § 5-26-306 ; (N) Engaging in a continuing criminal gang, organization, or enterprise, § 5-74-104 ; (O) An attempt, solicitation, or conspiracy to commit any of the offenses enumerated in this subdivision (f)(3); (P) A violation of any former law of this state that is substantially equivalent to any of the offenses enumerated in this subdivision (f)(3); or (Q) Aggravated assault upon a law enforcement officer or an employee of a correctional facility, § 5-13-211 , if a Class Y felony.

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

(2) "Sex offense" means: (A) Rape, § 5-14-103 ; (B) Sexual indecency with a child, § 5-14-110 , if the offense is a felony; (C) Sexual assault in the first degree, § 5-14-124 ; (D) Sexual assault in the second degree, § 5-14-125 ; (E) Sexual assault in the third degree, § 5-14-126 ; (F) Sexual assault in the fourth degree, § 5-14-127 ; (G) Incest, § 5-26-202 ; (H) Engaging children in sexually explicit conduct for use in visual or print medium, § 5-27-303 ; (I) Transportation of minors for prohibited sexual conduct, § 5-27-305 ; (J) Employing or consenting to use of child in sexual performance, § 5-27-402 ; (K) Producing, directing, or promoting a sexual performance by a child, § 5-27-403 ; (L) Possession or use of child sexual abuse material, § 5-27-603 ; (M) Computer exploitation of a child in the first degree, § 5-27-605(a) ; (N) Promoting prostitution in the first degree, § 5-70-104 ; (O) Stalking, § 5-71-229 ; (P) An attempt, solicitation, or conspiracy to commit any of the offenses enumerated in this subdivision (f)(2); (Q) A violation of any former law of this state that is substantially equivalent to any of the offenses enumerated in this subdivision (f)(2); or (R) Sexual extortion, § 5-14-113 ; and

(A) Rape, § 5-14-103 ;

(B) Sexual indecency with a child, § 5-14-110 , if the offense is a felony;

(C) Sexual assault in the first degree, § 5-14-124 ;

(D) Sexual assault in the second degree, § 5-14-125 ;

(E) Sexual assault in the third degree, § 5-14-126 ;

(F) Sexual assault in the fourth degree, § 5-14-127 ;

(G) Incest, § 5-26-202 ;

(H) Engaging children in sexually explicit conduct for use in visual or print medium, § 5-27-303 ;

(I) Transportation of minors for prohibited sexual conduct, § 5-27-305 ;

(J) Employing or consenting to use of child in sexual performance, § 5-27-402 ;

(K) Producing, directing, or promoting a sexual performance by a child, § 5-27-403 ;

(L) Possession or use of child sexual abuse material, § 5-27-603 ;

(M) Computer exploitation of a child in the first degree, § 5-27-605(a) ;

(N) Promoting prostitution in the first degree, § 5-70-104 ;

(O) Stalking, § 5-71-229 ;

(P) An attempt, solicitation, or conspiracy to commit any of the offenses enumerated in this subdivision (f)(2);

(Q) A violation of any former law of this state that is substantially equivalent to any of the offenses enumerated in this subdivision (f)(2); or

(R) Sexual extortion, § 5-14-113 ; and

(3) "Violent offense" means: (A) Capital murder, § 5-10-101 , murder in the first degree, § 5-10-102 , or murder in the second degree, § 5-10-103 ; (B) Manslaughter, § 5-10-104 ; (C) Kidnapping, § 5-11-102 ; (D) False imprisonment in the first degree, § 5-11-103 ; (E) Permanent detention or restraint, § 5-11-106 ; (F) Robbery, § 5-12-102 ; (G) Aggravated robbery, § 5-12-103 ; (H) Battery in the first degree, § 5-13-201 ; (I) Battery in the second degree, § 5-13-202 ; (J) Aggravated assault, § 5-13-204 ; (K) Terroristic threatening in the first degree, § 5-13-301 ; (L) Domestic battering in the first degree, § 5-26-303 , domestic battering in the second degree, § 5-26-304 , and domestic battering in the third degree, § 5-26-305 ; (M) Aggravated assault on family or household member, § 5-26-306 ; (N) Engaging in a continuing criminal gang, organization, or enterprise, § 5-74-104 ; (O) An attempt, solicitation, or conspiracy to commit any of the offenses enumerated in this subdivision (f)(3); (P) A violation of any former law of this state that is substantially equivalent to any of the offenses enumerated in this subdivision (f)(3); or (Q) Aggravated assault upon a law enforcement officer or an employee of a correctional facility, § 5-13-211 , if a Class Y felony.

(A) Capital murder, § 5-10-101 , murder in the first degree, § 5-10-102 , or murder in the second degree, § 5-10-103 ;

(B) Manslaughter, § 5-10-104 ;

(C) Kidnapping, § 5-11-102 ;

(D) False imprisonment in the first degree, § 5-11-103 ;

(E) Permanent detention or restraint, § 5-11-106 ;

(F) Robbery, § 5-12-102 ;

(G) Aggravated robbery, § 5-12-103 ;

(H) Battery in the first degree, § 5-13-201 ;

(I) Battery in the second degree, § 5-13-202 ;

(J) Aggravated assault, § 5-13-204 ;

(K) Terroristic threatening in the first degree, § 5-13-301 ;

(L) Domestic battering in the first degree, § 5-26-303 , domestic battering in the second degree, § 5-26-304 , and domestic battering in the third degree, § 5-26-305 ;

(M) Aggravated assault on family or household member, § 5-26-306 ;

(N) Engaging in a continuing criminal gang, organization, or enterprise, § 5-74-104 ;

(O) An attempt, solicitation, or conspiracy to commit any of the offenses enumerated in this subdivision (f)(3);

(P) A violation of any former law of this state that is substantially equivalent to any of the offenses enumerated in this subdivision (f)(3); or

(Q) Aggravated assault upon a law enforcement officer or an employee of a correctional facility, § 5-13-211 , if a Class Y felony.

Amended by Act 2023, No. 619,§ 12, eff. 8/1/2023.

Amended by Act 2023, No. 21,§ 7, eff. 8/1/2023.

Amended by Act 2017, No. 664,§ 6, eff. 8/1/2017.

Amended by Act 2017, No. 367,§ 11, eff. 8/1/2017.

Acts 2001, No. 1780, § 11; 2011, No. 779, § 6.
Ark. Code Ann. § 12-64-804 — AR Code / Title 12 / Chapter 64 / Subchapter 8 / Section 12-64-804
Conviction of lesser included offense
Status: in_force

An accused may be found guilty of an offense necessarily included in the offense charged or of an attempt to commit either the offense charged or an offense necessarily included therein. Acts 1969, No. 50, § 122; A.S.A. 1947, § 11-704.

An accused may be found guilty of an offense necessarily included in the offense charged or of an attempt to commit either the offense charged or an offense necessarily included therein.

Acts 1969, No. 50, § 122; A.S.A. 1947, § 11-704.
Ark. Code Ann. § 12-27-142 — AR Code / Title 12 / Chapter 27 / Subchapter 1 / Section 12-27-142
Medical services contract
Status: in_force

(a) The Division of Correction and the Division of Community Correction may enter into professional services contracts for medical services for a contract period not to exceed ten (10) years. (b) Except as provided in subsection (a) of this section, the professional services contracts for medical services shall comply with all other provisions of the Arkansas Procurement Law, § 19-11-201 et seq., and rules promulgated under the Arkansas Procurement Law, § 19-11-201 et seq. Amended by Act 2019, No. 910,§ 763, eff. 7/1/2019. Amended by Act 2017, No. 250,§ 21, eff. 8/1/2017. Acts 2005, No. 684, § 1.

(a) The Division of Correction and the Division of Community Correction may enter into professional services contracts for medical services for a contract period not to exceed ten (10) years.

(b) Except as provided in subsection (a) of this section, the professional services contracts for medical services shall comply with all other provisions of the Arkansas Procurement Law, § 19-11-201 et seq., and rules promulgated under the Arkansas Procurement Law, § 19-11-201 et seq.

Amended by Act 2019, No. 910,§ 763, eff. 7/1/2019.

Amended by Act 2017, No. 250,§ 21, eff. 8/1/2017.

Acts 2005, No. 684, § 1.