Ark. Code Ann. § 12-64-824 — AR Code / Title 12 / Chapter 64 / Subchapter 8 / Section 12-64-824
Misbehavior before the enemy
Status: in_force

Any person subject to this code shall be punished as a court-martial may direct if he or she, before or in the presence of the enemy: (1) Runs away; (2) Shamefully abandons, surrenders, or delivers up any command, unit, place, or military property which it is his or her duty to defend; (3) Through disobedience, neglect, or intentional misconduct endangers the safety of any such command, unit, place, or military property; (4) Casts away his or her arms or ammunition; (5) Is guilty of cowardly conduct; (6) Quits his or her place of duty to plunder or pillage; (7) Causes false arms in any command, unit, or place under control of the armed forces of the United States or the organized militia; (8) Willfully fails to do his or her utmost to encounter, engage, capture, or destroy any enemy troops, combatants, vessels, aircraft, or any other thing, which it is his or her duty so to encounter, engage, capture, or destroy; or (9) Does not afford all practicable relief and assistance to any troops, combatants, vessels, or aircraft of the armed forces belonging to the United States or their allies, to this state, or to any other state, when engaged in battle. Acts 1969, No. 50, § 142; A.S.A. 1947, § 11-724.

Any person subject to this code shall be punished as a court-martial may direct if he or she, before or in the presence of the enemy:

(1) Runs away;

(2) Shamefully abandons, surrenders, or delivers up any command, unit, place, or military property which it is his or her duty to defend;

(3) Through disobedience, neglect, or intentional misconduct endangers the safety of any such command, unit, place, or military property;

(4) Casts away his or her arms or ammunition;

(5) Is guilty of cowardly conduct;

(6) Quits his or her place of duty to plunder or pillage;

(7) Causes false arms in any command, unit, or place under control of the armed forces of the United States or the organized militia;

(8) Willfully fails to do his or her utmost to encounter, engage, capture, or destroy any enemy troops, combatants, vessels, aircraft, or any other thing, which it is his or her duty so to encounter, engage, capture, or destroy; or

(9) Does not afford all practicable relief and assistance to any troops, combatants, vessels, or aircraft of the armed forces belonging to the United States or their allies, to this state, or to any other state, when engaged in battle.

Acts 1969, No. 50, § 142; A.S.A. 1947, § 11-724.
Ark. Code Ann. § 12-61-117 — AR Code / Title 12 / Chapter 61 / Subchapter 1 / Section 12-61-117
Draft of the unorganized militia - Failure to appear - Penalty
Status: in_force

(a) Whenever it shall be necessary in case of invasion, disaster, insurrection, riot, breach of the peace, or imminent danger thereof, or to maintain the organized militia or any force thereof at the number required for public safety or prescribed by the laws of the United States, the Governor may call for and accept from the unorganized militia as many volunteers as are required for service in the organized militia or he or she may direct the members of the unorganized militia or such of them as may be necessary to be drafted into the organized militia or any force thereof. (b) Whenever it shall be necessary in such a case, the Governor may direct the members of the unorganized militia or such of them as may be necessary to be drafted, under such rules as he or she may prescribe, into the active service of the state to serve as directed by him or her. (c) Any member of the unorganized militia who is ordered to register or to be drafted into the organized militia under the provisions of this code and who fails to appear at the time and place designated in such order shall be guilty of a misdemeanor and upon conviction by a civil court shall be punished by a fine of not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000) or imprisonment in the county jail for a term of not less than one (1) month nor more than one (1) year, or both. Amended by Act 2019, No. 315,§ 923, eff. 7/24/2019. Acts 1969, No. 50, § 9; A.S.A. 1947, § 11-109.

(a) Whenever it shall be necessary in case of invasion, disaster, insurrection, riot, breach of the peace, or imminent danger thereof, or to maintain the organized militia or any force thereof at the number required for public safety or prescribed by the laws of the United States, the Governor may call for and accept from the unorganized militia as many volunteers as are required for service in the organized militia or he or she may direct the members of the unorganized militia or such of them as may be necessary to be drafted into the organized militia or any force thereof.

(b) Whenever it shall be necessary in such a case, the Governor may direct the members of the unorganized militia or such of them as may be necessary to be drafted, under such rules as he or she may prescribe, into the active service of the state to serve as directed by him or her.

(c) Any member of the unorganized militia who is ordered to register or to be drafted into the organized militia under the provisions of this code and who fails to appear at the time and place designated in such order shall be guilty of a misdemeanor and upon conviction by a civil court shall be punished by a fine of not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000) or imprisonment in the county jail for a term of not less than one (1) month nor more than one (1) year, or both.

Amended by Act 2019, No. 315,§ 923, eff. 7/24/2019.

Acts 1969, No. 50, § 9; A.S.A. 1947, § 11-109.
Ark. Code Ann. § 12-11-103 — AR Code / Title 12 / Chapter 11 / Section 12-11-103
Unlawful assembly of three or more persons
Status: in_force

(a) When three (3) or more persons shall be riotously, unlawfully, or tumultuously assembled, it shall be the duty of any judge, justice of the peace, county sheriff, county coroner, or constable who shall have knowledge or be informed thereof to make a proclamation among the persons so assembled, or as near them as he or she can safely come, charging and commanding them immediately to disperse themselves and peaceably to depart to their habitations or lawful business. (b) If upon the proclamation being made, the persons so assembled shall not immediately disperse and depart as commanded or if they shall resist the officer or prevent the making of the proclamation, then the officer shall command those present, and the power of the county if necessary, and shall disperse the unlawful assembly, arrest the offenders, and take them before some judicial officer, to be dealt with according to law. Rev. Stat., ch. 44, div. 8, art. 1, §§ 2, 3; C. & M. Dig., §§ 3324, 3325; Pope's Dig., §§ 4172, 4173; A.S.A. 1947, §§ 42-211, 42-212.

(a) When three (3) or more persons shall be riotously, unlawfully, or tumultuously assembled, it shall be the duty of any judge, justice of the peace, county sheriff, county coroner, or constable who shall have knowledge or be informed thereof to make a proclamation among the persons so assembled, or as near them as he or she can safely come, charging and commanding them immediately to disperse themselves and peaceably to depart to their habitations or lawful business.

(b) If upon the proclamation being made, the persons so assembled shall not immediately disperse and depart as commanded or if they shall resist the officer or prevent the making of the proclamation, then the officer shall command those present, and the power of the county if necessary, and shall disperse the unlawful assembly, arrest the offenders, and take them before some judicial officer, to be dealt with according to law.

Rev. Stat., ch. 44, div. 8, art. 1, §§ 2, 3; C. & M. Dig., §§ 3324, 3325; Pope's Dig., §§ 4172, 4173; A.S.A. 1947, §§ 42-211, 42-212.
Ark. Code Ann. § 12-18-710 — AR Code / Title 12 / Chapter 18 / Subchapter 7 / Section 12-18-710
Release of information on true investigative determination pending due process
Status: in_force

(a) Information on a completed true investigation pending due process as referenced in this chapter is confidential and may be disclosed only as provided in this chapter. (b) (1) The Department of Human Services shall not release data that would identify the person who made the report unless a court of competent jurisdiction orders release of the information after the court has reviewed in camera the record related to the report and has found it has reason to believe that the reporter knowingly made a false report. (2) However, upon request, the information shall be disclosed to the prosecuting attorney or law enforcement. (c) (1) Any person or agency to whom disclosure is made shall not disclose to any other person any information obtained pursuant to this section. (2) However, the person or agency is permitted to consult his or her or its own attorney regarding the information in any notice provided by the department. (d) The department may provide information, including protected health information, to a person or agency that provides services such as medical examination of, an assessment interview with, or diagnosis of, care for, treatment of, or supervision of a victim of maltreatment, a juvenile offender, or an underaged juvenile offender. (e) Information on a completed investigation, including protected health information, pending due process shall be released upon request to: (1) The alleged offender and any person, agency, or potential employer with the written consent of the alleged offender; (2) The department, excluding pending investigations on an employee or spouse of the Division of Children and Family Services; (3) Law enforcement; (4) The prosecuting attorney; (5) The responsible multidisciplinary team; (6) The attorney ad litem for the victim or offender; (7) A court-appointed special advocate volunteer for the victim or offender; (8) Any licensing or registering authority to the extent necessary to carry out its official responsibilities; (9) Any department division director or facility director receiving notice of a Child Abuse Hotline report under this chapter; (10) Any facility director receiving notice of a Child Abuse Hotline report under this chapter; (11) Any family advocacy program or other person designated by the military authority for the military installation receiving notice of a Child Abuse Hotline report under § 12-18-508 ; (12) (A) Federal, state, and local government entities, or any agent of federal, state, or local government entities, that have a need for such information to carry out their responsibilities under law to protect children from child maltreatment. (B) Acting in their official capacities under law to protect children, disclosure may be made to individual United States and Arkansas senators and representatives and their authorized staff members, but only if they agree not to permit any redisclosure of the information except for a legitimate state purpose to protect children from child maltreatment. (C) However, disclosure shall not be made to any committee or legislative body; (13) The attorney ad litem and court-appointed special advocate of a juvenile who has an open dependency-neglect case, if the alleged offender or the minor victim resides in the home or in the proposed placement location for the juvenile that is not a licensed foster home, adoptive home, shelter, or facility; and (14) A Child Welfare Ombudsman. (f) Information on a true investigative determination, including protected health information, may be released to or disclosed in a circuit court child custody case or similar case if: (1) No seventy-two-hour hold has been exercised under this chapter or pleadings filed pursuant to the Arkansas Juvenile Code of 1989, § 9-27-301 et seq.; (2) Written notice of intent to request release or disclosure is provided to the investigating agency at least five (5) days before the date for release or disclosure; (3) The investigating agency has the opportunity to appear before the court and be heard on the issue of release or disclosure; (4) The information gathered by the investigative agency is necessary for the determination of an issue before the court; (5) Waiting until completion of due process will jeopardize the health or safety of the child in the custody case; (6) A protective order is issued to prevent redisclosure of the information provided by the investigating agency or the information is released or disclosed only to the court in camera; and (7) Release or disclosure of the information will not compromise a criminal investigation. (g) Information on a true investigative determination, including protected health information, may be released to or disclosed in the circuit court if the victim or offender has an open dependency-neglect or family in need of services case before the circuit court. Amended by Act 2023, No. 364,§ 15, eff. 8/1/2023. Amended by Act 2021, No. 472,§ 4, eff. 7/28/2021. Amended by Act 2019, No. 590,§ 2, eff. 7/24/2019. Amended by Act 2019, No. 945,§ 7, eff. 7/1/2019. Amended by Act 2017, No. 803,§ 3, eff. 8/1/2017. Amended by Act 2017, No. 713,§ 6, eff. 8/1/2017. Amended by Act 2017, No. 528,§ 4, eff. 8/1/2017. Amended by Act 2015, No. 1026,§ 12, eff. 7/22/2015. Acts 2009, No. 749, § 1; 2011, No. 1143, § 18.

(a) Information on a completed true investigation pending due process as referenced in this chapter is confidential and may be disclosed only as provided in this chapter.

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

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

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

(c) (1) Any person or agency to whom disclosure is made shall not disclose to any other person any information obtained pursuant to this section. (2) However, the person or agency is permitted to consult his or her or its own attorney regarding the information in any notice provided by the department.

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

(2) However, the person or agency is permitted to consult his or her or its own attorney regarding the information in any notice provided by the department.

(d) The department may provide information, including protected health information, to a person or agency that provides services such as medical examination of, an assessment interview with, or diagnosis of, care for, treatment of, or supervision of a victim of maltreatment, a juvenile offender, or an underaged juvenile offender.

(e) Information on a completed investigation, including protected health information, pending due process shall be released upon request to: (1) The alleged offender and any person, agency, or potential employer with the written consent of the alleged offender; (2) The department, excluding pending investigations on an employee or spouse of the Division of Children and Family Services; (3) Law enforcement; (4) The prosecuting attorney; (5) The responsible multidisciplinary team; (6) The attorney ad litem for the victim or offender; (7) A court-appointed special advocate volunteer for the victim or offender; (8) Any licensing or registering authority to the extent necessary to carry out its official responsibilities; (9) Any department division director or facility director receiving notice of a Child Abuse Hotline report under this chapter; (10) Any facility director receiving notice of a Child Abuse Hotline report under this chapter; (11) Any family advocacy program or other person designated by the military authority for the military installation receiving notice of a Child Abuse Hotline report under § 12-18-508 ; (12) (A) Federal, state, and local government entities, or any agent of federal, state, or local government entities, that have a need for such information to carry out their responsibilities under law to protect children from child maltreatment. (B) Acting in their official capacities under law to protect children, disclosure may be made to individual United States and Arkansas senators and representatives and their authorized staff members, but only if they agree not to permit any redisclosure of the information except for a legitimate state purpose to protect children from child maltreatment. (C) However, disclosure shall not be made to any committee or legislative body; (13) The attorney ad litem and court-appointed special advocate of a juvenile who has an open dependency-neglect case, if the alleged offender or the minor victim resides in the home or in the proposed placement location for the juvenile that is not a licensed foster home, adoptive home, shelter, or facility; and (14) A Child Welfare Ombudsman.

(1) The alleged offender and any person, agency, or potential employer with the written consent of the alleged offender;

(2) The department, excluding pending investigations on an employee or spouse of the Division of Children and Family Services;

(3) Law enforcement;

(4) The prosecuting attorney;

(5) The responsible multidisciplinary team;

(6) The attorney ad litem for the victim or offender;

(7) A court-appointed special advocate volunteer for the victim or offender;

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

(9) Any department division director or facility director receiving notice of a Child Abuse Hotline report under this chapter;

(10) Any facility director receiving notice of a Child Abuse Hotline report under this chapter;

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

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

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

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

(C) However, disclosure shall not be made to any committee or legislative body;

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

(14) A Child Welfare Ombudsman.

(f) Information on a true investigative determination, including protected health information, may be released to or disclosed in a circuit court child custody case or similar case if: (1) No seventy-two-hour hold has been exercised under this chapter or pleadings filed pursuant to the Arkansas Juvenile Code of 1989, § 9-27-301 et seq.; (2) Written notice of intent to request release or disclosure is provided to the investigating agency at least five (5) days before the date for release or disclosure; (3) The investigating agency has the opportunity to appear before the court and be heard on the issue of release or disclosure; (4) The information gathered by the investigative agency is necessary for the determination of an issue before the court; (5) Waiting until completion of due process will jeopardize the health or safety of the child in the custody case; (6) A protective order is issued to prevent redisclosure of the information provided by the investigating agency or the information is released or disclosed only to the court in camera; and (7) Release or disclosure of the information will not compromise a criminal investigation.

(1) No seventy-two-hour hold has been exercised under this chapter or pleadings filed pursuant to the Arkansas Juvenile Code of 1989, § 9-27-301 et seq.;

(2) Written notice of intent to request release or disclosure is provided to the investigating agency at least five (5) days before the date for release or disclosure;

(3) The investigating agency has the opportunity to appear before the court and be heard on the issue of release or disclosure;

(4) The information gathered by the investigative agency is necessary for the determination of an issue before the court;

(5) Waiting until completion of due process will jeopardize the health or safety of the child in the custody case;

(6) A protective order is issued to prevent redisclosure of the information provided by the investigating agency or the information is released or disclosed only to the court in camera; and

(7) Release or disclosure of the information will not compromise a criminal investigation.

(g) Information on a true investigative determination, including protected health information, may be released to or disclosed in the circuit court if the victim or offender has an open dependency-neglect or family in need of services case before the circuit court.

Amended by Act 2023, No. 364,§ 15, eff. 8/1/2023.

Amended by Act 2021, No. 472,§ 4, eff. 7/28/2021.

Amended by Act 2019, No. 590,§ 2, eff. 7/24/2019.

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

Amended by Act 2017, No. 803,§ 3, eff. 8/1/2017.

Amended by Act 2017, No. 713,§ 6, eff. 8/1/2017.

Amended by Act 2017, No. 528,§ 4, eff. 8/1/2017.

Amended by Act 2015, No. 1026,§ 12, eff. 7/22/2015.

Acts 2009, No. 749, § 1; 2011, No. 1143, § 18.
Ark. Code Ann. § 12-27-130 — AR Code / Title 12 / Chapter 27 / Subchapter 1 / Section 12-27-130
Reimbursement of county
Status: in_force

Notwithstanding any other provision of law or Division of Correction's commitment which may exist to the contrary, the Board of Corrections shall not increase any reimbursement rate for payments made to any county for the purpose of reimbursing the expenses of the care and custody of state inmates without first seeking and receiving the approval of the Governor and the Chief Fiscal Officer of the State. Amended by Act 2019, No. 910,§ 754, eff. 7/1/2019. Acts 1993, No. 911, § 19; 1995, No. 158, § 13.

Notwithstanding any other provision of law or Division of Correction's commitment which may exist to the contrary, the Board of Corrections shall not increase any reimbursement rate for payments made to any county for the purpose of reimbursing the expenses of the care and custody of state inmates without first seeking and receiving the approval of the Governor and the Chief Fiscal Officer of the State.

Amended by Act 2019, No. 910,§ 754, eff. 7/1/2019.

Acts 1993, No. 911, § 19; 1995, No. 158, § 13.
Ark. Code Ann. § 12-64-503 — AR Code / Title 12 / Chapter 64 / Subchapter 5 / Section 12-64-503
Compulsory self-incrimination prohibited
Status: in_force

(a) No person subject to this code may compel any person to incriminate himself or herself or to answer any question, the answer to which may tend to incriminate him or her. (b) No person subject to this code may interrogate or request any statement from an accused or a person suspected of an offense without first informing him or her of the nature of the accusation and advising him or her that he or she does not have to make any statement regarding the offense of which he or she is accused or suspected and that any statement made by him or her may be used as evidence against him or her in a trial by court-martial. (c) No person subject to this code may compel any person to make a statement or produce evidence before any military tribunal if the statement or evidence is not material to the issue and may tend to degrade him or her. (d) No statement obtained from any person in violation of this section or through the use of coercion, unlawful influence, or unlawful inducement may be received in evidence against him or her in a trial by court-martial. Acts 1969, No. 50, § 77; A.S.A. 1947, § 11-632.

(a) No person subject to this code may compel any person to incriminate himself or herself or to answer any question, the answer to which may tend to incriminate him or her.

(b) No person subject to this code may interrogate or request any statement from an accused or a person suspected of an offense without first informing him or her of the nature of the accusation and advising him or her that he or she does not have to make any statement regarding the offense of which he or she is accused or suspected and that any statement made by him or her may be used as evidence against him or her in a trial by court-martial.

(c) No person subject to this code may compel any person to make a statement or produce evidence before any military tribunal if the statement or evidence is not material to the issue and may tend to degrade him or her.

(d) No statement obtained from any person in violation of this section or through the use of coercion, unlawful influence, or unlawful inducement may be received in evidence against him or her in a trial by court-martial.

Acts 1969, No. 50, § 77; A.S.A. 1947, § 11-632.
Ark. Code Ann. § 12-12-1017 — AR Code / Title 12 / Chapter 12 / Subchapter 10 / Section 12-12-1017
Procedures for conduct, disposition, and use of DNA analysis
Status: in_force

(a) (1) The State Crime Laboratory shall promulgate rules governing the procedures to be used in the submission, identification, analysis, storage, and disposition of DNA samples and typing results of DNA samples submitted under this subchapter. (2) The procedures described in subdivision (a)(1) of this section shall include quality assurance guidelines to ensure that DNA identification records meet standards for laboratories that submit DNA records to the State DNA Data Base. (b) The typing results of DNA samples shall be securely stored in the State DNA Data Base, and records of testing shall be retained on file with the State Crime Laboratory. (c) (1) Except as provided in § 12-12-1018 , the tests to be performed on each DNA sample shall be used only for law enforcement identification purposes, including the identification of missing persons, and to assist in the recovery or identification of human remains from disasters. (2) The results of the DNA analysis conducted under this subchapter from a person adjudicated delinquent may be used for any law enforcement agency identification purpose, including adult prosecution. (3) The detention, arrest, or conviction of a person based on a State DNA Data Base match or State DNA Data Base information is not invalidated if the DNA sample was obtained or placed in the State DNA Data Base by mistake. (d) (1) The State Crime Laboratory may contract with a third party for purposes of carrying out any function of this subchapter. (2) Any third party contracting to carry out a function of this subchapter is subject to any restriction and requirement of this subchapter that apply to the State Crime Laboratory as well as any additional restriction imposed by the State Crime Laboratory. Acts 2009, No. 974, § 10.

(a) (1) The State Crime Laboratory shall promulgate rules governing the procedures to be used in the submission, identification, analysis, storage, and disposition of DNA samples and typing results of DNA samples submitted under this subchapter. (2) The procedures described in subdivision (a)(1) of this section shall include quality assurance guidelines to ensure that DNA identification records meet standards for laboratories that submit DNA records to the State DNA Data Base.

(1) The State Crime Laboratory shall promulgate rules governing the procedures to be used in the submission, identification, analysis, storage, and disposition of DNA samples and typing results of DNA samples submitted under this subchapter.

(2) The procedures described in subdivision (a)(1) of this section shall include quality assurance guidelines to ensure that DNA identification records meet standards for laboratories that submit DNA records to the State DNA Data Base.

(b) The typing results of DNA samples shall be securely stored in the State DNA Data Base, and records of testing shall be retained on file with the State Crime Laboratory.

(c) (1) Except as provided in § 12-12-1018 , the tests to be performed on each DNA sample shall be used only for law enforcement identification purposes, including the identification of missing persons, and to assist in the recovery or identification of human remains from disasters. (2) The results of the DNA analysis conducted under this subchapter from a person adjudicated delinquent may be used for any law enforcement agency identification purpose, including adult prosecution. (3) The detention, arrest, or conviction of a person based on a State DNA Data Base match or State DNA Data Base information is not invalidated if the DNA sample was obtained or placed in the State DNA Data Base by mistake.

(1) Except as provided in § 12-12-1018 , the tests to be performed on each DNA sample shall be used only for law enforcement identification purposes, including the identification of missing persons, and to assist in the recovery or identification of human remains from disasters.

(2) The results of the DNA analysis conducted under this subchapter from a person adjudicated delinquent may be used for any law enforcement agency identification purpose, including adult prosecution.

(3) The detention, arrest, or conviction of a person based on a State DNA Data Base match or State DNA Data Base information is not invalidated if the DNA sample was obtained or placed in the State DNA Data Base by mistake.

(d) (1) The State Crime Laboratory may contract with a third party for purposes of carrying out any function of this subchapter. (2) Any third party contracting to carry out a function of this subchapter is subject to any restriction and requirement of this subchapter that apply to the State Crime Laboratory as well as any additional restriction imposed by the State Crime Laboratory.

(1) The State Crime Laboratory may contract with a third party for purposes of carrying out any function of this subchapter.

(2) Any third party contracting to carry out a function of this subchapter is subject to any restriction and requirement of this subchapter that apply to the State Crime Laboratory as well as any additional restriction imposed by the State Crime Laboratory.

Acts 2009, No. 974, § 10.
Ark. Code Ann. § 12-50-104 — AR Code / Title 12 / Chapter 50 / Section 12-50-104
Construction
Status: in_force

(a) (1) This chapter shall be liberally construed to accomplish the intent and purposes thereof and shall be the sole authority required for the accomplishment of those purposes. (2) To this end, it shall not be necessary to comply with general provisions of other laws dealing with public commodities and public facilities, their acquisition, construction, leasing, encumbering, or disposition, if the Board of Corrections and the regional corrections commission shall comply with § 12-50-106 . (b) The enumeration of any object, purpose, power, manner, method, and thing shall not be deemed to exclude like or similar objects, purposes, powers, manners, methods, or things. Acts 1987, No. 427, § 12.

(a) (1) This chapter shall be liberally construed to accomplish the intent and purposes thereof and shall be the sole authority required for the accomplishment of those purposes. (2) To this end, it shall not be necessary to comply with general provisions of other laws dealing with public commodities and public facilities, their acquisition, construction, leasing, encumbering, or disposition, if the Board of Corrections and the regional corrections commission shall comply with § 12-50-106 .

(1) This chapter shall be liberally construed to accomplish the intent and purposes thereof and shall be the sole authority required for the accomplishment of those purposes.

(2) To this end, it shall not be necessary to comply with general provisions of other laws dealing with public commodities and public facilities, their acquisition, construction, leasing, encumbering, or disposition, if the Board of Corrections and the regional corrections commission shall comply with § 12-50-106 .

(b) The enumeration of any object, purpose, power, manner, method, and thing shall not be deemed to exclude like or similar objects, purposes, powers, manners, methods, or things.

Acts 1987, No. 427, § 12.
Ark. Code Ann. § 12-12-1019 — AR Code / Title 12 / Chapter 12 / Subchapter 10 / Section 12-12-1019
Removal and destruction of the DNA record and DNA sample
Status: in_force

(a) Any person whose DNA record is included in the State DNA Data Base and whose DNA sample is stored in the State DNA Data Bank as authorized by this subchapter may apply to the State Crime Laboratory for removal and destruction of the DNA record and DNA sample if the arrest that led to the inclusion of the DNA record and DNA sample: (1) Resulted in a charge that has been resolved by: (A) An acquittal; (B) A dismissal; (C) A nolle prosequi; (D) A successful completion of a preprosecution diversion program or a conditional discharge; (E) A conviction of a Class B misdemeanor or Class C misdemeanor; or (F) A reversal of the conviction that led to the inclusion of the DNA record and DNA sample; or (2) Has not resulted in a charge within one (1) year of the date of the arrest. (b) Except as provided in subsection (c) of this section, the State Crime Laboratory shall remove and destroy a person's DNA record and DNA sample by purging the DNA record and other identifiable information from the State DNA Data Base and the DNA sample stored in the State DNA Data Bank when the person provides the State Crime Laboratory with: (1) A written request for removal and destruction of the DNA record and DNA sample; (2) A court order for removal and destruction of the DNA record and DNA sample; and (3) Either of the following: (A) A certified copy of: (i) An order of acquittal; (ii) An order of dismissal; (iii) An order nolle prosequi; (iv) Documentation reflecting a successful completion of a preprosecution diversion program or a conditional discharge; (v) A judgment of conviction of a Class B misdemeanor or Class C misdemeanor; or (vi) A court order that reverses the conviction that led to the inclusion of the DNA record and DNA sample; or (B) A court order stating that a charge arising out of the person's arrest has not been filed within one (1) year of the date of the arrest. (c) The State Crime Laboratory shall not remove or destroy a person's DNA record or DNA sample under subsection (b) of this section if the person had a prior felony or Class A misdemeanor conviction or a pending charge for which collection of a DNA sample is authorized under Arkansas law. (d) When the State Crime Laboratory removes and destroys a person's DNA record and DNA sample under subsection (b) of this section, the State Crime Laboratory shall request that the person's DNA record be purged from the National DNA Index System. Amended by Act 2015, No. 543,§ 2, eff. 7/22/2015. Acts 2009, No. 974, § 10.

(a) Any person whose DNA record is included in the State DNA Data Base and whose DNA sample is stored in the State DNA Data Bank as authorized by this subchapter may apply to the State Crime Laboratory for removal and destruction of the DNA record and DNA sample if the arrest that led to the inclusion of the DNA record and DNA sample: (1) Resulted in a charge that has been resolved by: (A) An acquittal; (B) A dismissal; (C) A nolle prosequi; (D) A successful completion of a preprosecution diversion program or a conditional discharge; (E) A conviction of a Class B misdemeanor or Class C misdemeanor; or (F) A reversal of the conviction that led to the inclusion of the DNA record and DNA sample; or (2) Has not resulted in a charge within one (1) year of the date of the arrest.

(1) Resulted in a charge that has been resolved by: (A) An acquittal; (B) A dismissal; (C) A nolle prosequi; (D) A successful completion of a preprosecution diversion program or a conditional discharge; (E) A conviction of a Class B misdemeanor or Class C misdemeanor; or (F) A reversal of the conviction that led to the inclusion of the DNA record and DNA sample; or

(A) An acquittal;

(B) A dismissal;

(C) A nolle prosequi;

(D) A successful completion of a preprosecution diversion program or a conditional discharge;

(E) A conviction of a Class B misdemeanor or Class C misdemeanor; or

(F) A reversal of the conviction that led to the inclusion of the DNA record and DNA sample; or

(2) Has not resulted in a charge within one (1) year of the date of the arrest.

(b) Except as provided in subsection (c) of this section, the State Crime Laboratory shall remove and destroy a person's DNA record and DNA sample by purging the DNA record and other identifiable information from the State DNA Data Base and the DNA sample stored in the State DNA Data Bank when the person provides the State Crime Laboratory with: (1) A written request for removal and destruction of the DNA record and DNA sample; (2) A court order for removal and destruction of the DNA record and DNA sample; and (3) Either of the following: (A) A certified copy of: (i) An order of acquittal; (ii) An order of dismissal; (iii) An order nolle prosequi; (iv) Documentation reflecting a successful completion of a preprosecution diversion program or a conditional discharge; (v) A judgment of conviction of a Class B misdemeanor or Class C misdemeanor; or (vi) A court order that reverses the conviction that led to the inclusion of the DNA record and DNA sample; or (B) A court order stating that a charge arising out of the person's arrest has not been filed within one (1) year of the date of the arrest.

(1) A written request for removal and destruction of the DNA record and DNA sample;

(2) A court order for removal and destruction of the DNA record and DNA sample; and

(3) Either of the following: (A) A certified copy of: (i) An order of acquittal; (ii) An order of dismissal; (iii) An order nolle prosequi; (iv) Documentation reflecting a successful completion of a preprosecution diversion program or a conditional discharge; (v) A judgment of conviction of a Class B misdemeanor or Class C misdemeanor; or (vi) A court order that reverses the conviction that led to the inclusion of the DNA record and DNA sample; or (B) A court order stating that a charge arising out of the person's arrest has not been filed within one (1) year of the date of the arrest.

(A) A certified copy of: (i) An order of acquittal; (ii) An order of dismissal; (iii) An order nolle prosequi; (iv) Documentation reflecting a successful completion of a preprosecution diversion program or a conditional discharge; (v) A judgment of conviction of a Class B misdemeanor or Class C misdemeanor; or (vi) A court order that reverses the conviction that led to the inclusion of the DNA record and DNA sample; or

(i) An order of acquittal;

(ii) An order of dismissal;

(iii) An order nolle prosequi;

(iv) Documentation reflecting a successful completion of a preprosecution diversion program or a conditional discharge;

(v) A judgment of conviction of a Class B misdemeanor or Class C misdemeanor; or

(vi) A court order that reverses the conviction that led to the inclusion of the DNA record and DNA sample; or

(B) A court order stating that a charge arising out of the person's arrest has not been filed within one (1) year of the date of the arrest.

(c) The State Crime Laboratory shall not remove or destroy a person's DNA record or DNA sample under subsection (b) of this section if the person had a prior felony or Class A misdemeanor conviction or a pending charge for which collection of a DNA sample is authorized under Arkansas law.

(d) When the State Crime Laboratory removes and destroys a person's DNA record and DNA sample under subsection (b) of this section, the State Crime Laboratory shall request that the person's DNA record be purged from the National DNA Index System.

Amended by Act 2015, No. 543,§ 2, eff. 7/22/2015.

Acts 2009, No. 974, § 10.
Ark. Code Ann. § 12-64-511 — AR Code / Title 12 / Chapter 64 / Subchapter 5 / Section 12-64-511
Sessions - Records of proceedings
Status: in_force

(a) Whenever a general or special court-martial deliberates or votes, only the members of the court may be present. (b) After a general court-martial has finally voted on the findings, the court may request the military judge and the reporter to put the findings in proper form; and those proceedings shall be on the record. (c) All other proceedings, including any consultation of the court with counsel or the military judge, shall be made a part of the record and shall be in the presence of the accused, the defense counsel, the trial counsel, and the military judge if one is assigned to the case. Acts 1969, No. 50, § 85; A.S.A. 1947, § 11-640; Acts 1987, No. 125, § 8.

(a) Whenever a general or special court-martial deliberates or votes, only the members of the court may be present.

(b) After a general court-martial has finally voted on the findings, the court may request the military judge and the reporter to put the findings in proper form; and those proceedings shall be on the record.

(c) All other proceedings, including any consultation of the court with counsel or the military judge, shall be made a part of the record and shall be in the presence of the accused, the defense counsel, the trial counsel, and the military judge if one is assigned to the case.

Acts 1969, No. 50, § 85; A.S.A. 1947, § 11-640; Acts 1987, No. 125, § 8.
Ark. Code Ann. § 12-12-1509 — AR Code / Title 12 / Chapter 12 / Subchapter 15 / Section 12-12-1509
Right of review and challenge
Status: in_force

(a) (1) A person may review and challenge his or her criminal history information under § 12-12-1013 . (2) No fee shall be charged for the review or challenge of criminal history information. (b) (1) A person may go to any law enforcement agency, provide positive verification of his or her identity, be fingerprinted by the law enforcement agency, and supply written details of the errors in the criminal history information. (2) The local law enforcement agency must send the fingerprint card and information directly to the Identification Bureau of the Department of Arkansas State Police. (3) The law enforcement agency shall verify that the identification of the person and the fingerprint card information are correct. (4) There shall be no charge from the Department of Arkansas State Police or the Arkansas Crime Information Center for this review process. (c) (1) After positive identification verification, a person may review his or her requestor information maintained through the department or its designee. (2) No fee shall be charged for this review. Acts 2003 (1st Ex. Sess.), No. 63, § 9.

(a) (1) A person may review and challenge his or her criminal history information under § 12-12-1013 . (2) No fee shall be charged for the review or challenge of criminal history information.

(1) A person may review and challenge his or her criminal history information under § 12-12-1013 .

(2) No fee shall be charged for the review or challenge of criminal history information.

(b) (1) A person may go to any law enforcement agency, provide positive verification of his or her identity, be fingerprinted by the law enforcement agency, and supply written details of the errors in the criminal history information. (2) The local law enforcement agency must send the fingerprint card and information directly to the Identification Bureau of the Department of Arkansas State Police. (3) The law enforcement agency shall verify that the identification of the person and the fingerprint card information are correct. (4) There shall be no charge from the Department of Arkansas State Police or the Arkansas Crime Information Center for this review process.

(1) A person may go to any law enforcement agency, provide positive verification of his or her identity, be fingerprinted by the law enforcement agency, and supply written details of the errors in the criminal history information.

(2) The local law enforcement agency must send the fingerprint card and information directly to the Identification Bureau of the Department of Arkansas State Police.

(3) The law enforcement agency shall verify that the identification of the person and the fingerprint card information are correct.

(4) There shall be no charge from the Department of Arkansas State Police or the Arkansas Crime Information Center for this review process.

(c) (1) After positive identification verification, a person may review his or her requestor information maintained through the department or its designee. (2) No fee shall be charged for this review.

(1) After positive identification verification, a person may review his or her requestor information maintained through the department or its designee.

(2) No fee shall be charged for this review.

Acts 2003 (1st Ex. Sess.), No. 63, § 9.
Ark. Code Ann. § 12-63-202 — AR Code / Title 12 / Chapter 63 / Subchapter 2 / Section 12-63-202
Police officers - Appointment - Qualifications - Removal
Status: in_force

(a) (1) The Adjutant General, as custodian of military reservations identified in § 12-63-201 , may designate and appoint one (1) or more employees as a police officer or officers for each military reservation, who are peace officers under the laws of this state. (2) The police officers appointed under this section shall have all the powers provided by law for city police, county sheriffs, and state police officers, to be exercised as required for maintaining the peace, order, the regulation of traffic, and the security of state and federal property on the following: (A) The military reservation; and (B) Other real property that: (i) Adjoins a military reservation; (ii) Is owned, leased, or is otherwise under the legal control of an instrumentality of the United States or an instrumentality of the State of Arkansas; and (iii) The Adjutant General of the State of Arkansas has undertaken to provide with police or security services. (b) All police officers appointed pursuant to this subchapter shall meet the standards and qualifications established by the Arkansas Commission on Law Enforcement Standards and Training created by § 12-9-103 . (c) The Adjutant General shall have the authority to remove such employee or employees from the execution of such designated duties at his or her pleasure, and the termination of employment as a police officer shall forthwith terminate all peace officer authority of such person. Acts 1979, No. 895, §§ 1, 11; 1983, No. 852, §§ 1, 9; A.S.A. 1947, §§ 11-1812, 11-1821; Acts 2003, No. 1355, § 1.

(a) (1) The Adjutant General, as custodian of military reservations identified in § 12-63-201 , may designate and appoint one (1) or more employees as a police officer or officers for each military reservation, who are peace officers under the laws of this state. (2) The police officers appointed under this section shall have all the powers provided by law for city police, county sheriffs, and state police officers, to be exercised as required for maintaining the peace, order, the regulation of traffic, and the security of state and federal property on the following: (A) The military reservation; and (B) Other real property that: (i) Adjoins a military reservation; (ii) Is owned, leased, or is otherwise under the legal control of an instrumentality of the United States or an instrumentality of the State of Arkansas; and (iii) The Adjutant General of the State of Arkansas has undertaken to provide with police or security services.

(1) The Adjutant General, as custodian of military reservations identified in § 12-63-201 , may designate and appoint one (1) or more employees as a police officer or officers for each military reservation, who are peace officers under the laws of this state.

(2) The police officers appointed under this section shall have all the powers provided by law for city police, county sheriffs, and state police officers, to be exercised as required for maintaining the peace, order, the regulation of traffic, and the security of state and federal property on the following: (A) The military reservation; and (B) Other real property that: (i) Adjoins a military reservation; (ii) Is owned, leased, or is otherwise under the legal control of an instrumentality of the United States or an instrumentality of the State of Arkansas; and (iii) The Adjutant General of the State of Arkansas has undertaken to provide with police or security services.

(A) The military reservation; and

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

(i) Adjoins a military reservation;

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

(iii) The Adjutant General of the State of Arkansas has undertaken to provide with police or security services.

(b) All police officers appointed pursuant to this subchapter shall meet the standards and qualifications established by the Arkansas Commission on Law Enforcement Standards and Training created by § 12-9-103 .

(c) The Adjutant General shall have the authority to remove such employee or employees from the execution of such designated duties at his or her pleasure, and the termination of employment as a police officer shall forthwith terminate all peace officer authority of such person.

Acts 1979, No. 895, §§ 1, 11; 1983, No. 852, §§ 1, 9; A.S.A. 1947, §§ 11-1812, 11-1821; Acts 2003, No. 1355, § 1.
Ark. Code Ann. § 12-9-602 — AR Code / Title 12 / Chapter 9 / Subchapter 6 / Section 12-9-602
Notice of employment, appointment, or separation - Response by the law enforcement officer - Duty of division
Status: in_force

(a) (1) An employing agency shall immediately notify the Division of Law Enforcement Standards and Training, in a manner adopted by the division, of the employment or appointment, or separation from employment or appointment, of any law enforcement officer. (2) Separation from employment or appointment includes any firing, termination, resignation, retirement, or voluntary or involuntary extended leave of absence of any law enforcement officer. (3) A submission to the division related to the employment or appointment, or separation from employment or appointment, of a law enforcement officer is subject to the provisions of § 5-53-103 concerning false swearing. (b) (1) In a case of separation from employment or appointment, the employing agency shall notify the division in a manner adopted by the division, setting forth in detail the facts and reasons for the separation. (2) In a case of a separation from employment or appointment for one (1) of the following reasons, the notice shall state that: (A) The law enforcement officer was separated for his or her failure to meet the minimum qualifications for employment or appointment as a law enforcement officer; (B) The law enforcement officer was dismissed for a violation of state or federal law; (C) The law enforcement officer was dismissed for a violation of the regulations of the law enforcement agency; (D) The law enforcement officer resigned or retired while he or she was the subject of a pending internal investigation; (E) The law enforcement officer was separated for excessive use of force; or (F) The law enforcement officer was separated for dishonesty or untruthfulness. (3) Any law enforcement officer who has separated from employment or appointment shall be permitted to respond to the separation, in writing, to the division, setting forth the facts and reasons for the separation as he or she understands them. (c) (1) Before employing or appointing a law enforcement officer, a subsequent employing agency shall contact the division to inquire as to the facts and reasons a law enforcement officer became separated from any previous employing agency. (2) The division shall provide subsequent employing agencies with all information in the division's possession resulting from the requirements of subsection (b) of this section. (d) (1) An administrator of an employing agency who discloses information under this section is immune from civil liability for such disclosure or its consequences. (2) An employing agency is not civilly liable for disclosure of information under this subchapter or performing any other duties under this subchapter. (e) (1) The division and its employees who disclose information under this section are immune from civil liability for such disclosure or its consequences. (2) The division and its employees are not civilly liable for: (A) Disclosure of information under this subchapter; or (B) Performing any other duties under this subchapter. Amended by Act 2021, No. 218,§ 3, eff. 7/28/2021. Amended by Act 2019, No. 151,§ 8, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 5832, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 5831, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 5830, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 5829, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 5828, eff. 7/1/2019. Acts 1997, No. 949, § 1; 1999, No. 949, § 1.

(a) (1) An employing agency shall immediately notify the Division of Law Enforcement Standards and Training, in a manner adopted by the division, of the employment or appointment, or separation from employment or appointment, of any law enforcement officer. (2) Separation from employment or appointment includes any firing, termination, resignation, retirement, or voluntary or involuntary extended leave of absence of any law enforcement officer. (3) A submission to the division related to the employment or appointment, or separation from employment or appointment, of a law enforcement officer is subject to the provisions of § 5-53-103 concerning false swearing.

(1) An employing agency shall immediately notify the Division of Law Enforcement Standards and Training, in a manner adopted by the division, of the employment or appointment, or separation from employment or appointment, of any law enforcement officer.

(2) Separation from employment or appointment includes any firing, termination, resignation, retirement, or voluntary or involuntary extended leave of absence of any law enforcement officer.

(3) A submission to the division related to the employment or appointment, or separation from employment or appointment, of a law enforcement officer is subject to the provisions of § 5-53-103 concerning false swearing.

(b) (1) In a case of separation from employment or appointment, the employing agency shall notify the division in a manner adopted by the division, setting forth in detail the facts and reasons for the separation. (2) In a case of a separation from employment or appointment for one (1) of the following reasons, the notice shall state that: (A) The law enforcement officer was separated for his or her failure to meet the minimum qualifications for employment or appointment as a law enforcement officer; (B) The law enforcement officer was dismissed for a violation of state or federal law; (C) The law enforcement officer was dismissed for a violation of the regulations of the law enforcement agency; (D) The law enforcement officer resigned or retired while he or she was the subject of a pending internal investigation; (E) The law enforcement officer was separated for excessive use of force; or (F) The law enforcement officer was separated for dishonesty or untruthfulness. (3) Any law enforcement officer who has separated from employment or appointment shall be permitted to respond to the separation, in writing, to the division, setting forth the facts and reasons for the separation as he or she understands them.

(1) In a case of separation from employment or appointment, the employing agency shall notify the division in a manner adopted by the division, setting forth in detail the facts and reasons for the separation.

(2) In a case of a separation from employment or appointment for one (1) of the following reasons, the notice shall state that: (A) The law enforcement officer was separated for his or her failure to meet the minimum qualifications for employment or appointment as a law enforcement officer; (B) The law enforcement officer was dismissed for a violation of state or federal law; (C) The law enforcement officer was dismissed for a violation of the regulations of the law enforcement agency; (D) The law enforcement officer resigned or retired while he or she was the subject of a pending internal investigation; (E) The law enforcement officer was separated for excessive use of force; or (F) The law enforcement officer was separated for dishonesty or untruthfulness.

(A) The law enforcement officer was separated for his or her failure to meet the minimum qualifications for employment or appointment as a law enforcement officer;

(B) The law enforcement officer was dismissed for a violation of state or federal law;

(C) The law enforcement officer was dismissed for a violation of the regulations of the law enforcement agency;

(D) The law enforcement officer resigned or retired while he or she was the subject of a pending internal investigation;

(E) The law enforcement officer was separated for excessive use of force; or

(F) The law enforcement officer was separated for dishonesty or untruthfulness.

(3) Any law enforcement officer who has separated from employment or appointment shall be permitted to respond to the separation, in writing, to the division, setting forth the facts and reasons for the separation as he or she understands them.

(c) (1) Before employing or appointing a law enforcement officer, a subsequent employing agency shall contact the division to inquire as to the facts and reasons a law enforcement officer became separated from any previous employing agency. (2) The division shall provide subsequent employing agencies with all information in the division's possession resulting from the requirements of subsection (b) of this section.

(1) Before employing or appointing a law enforcement officer, a subsequent employing agency shall contact the division to inquire as to the facts and reasons a law enforcement officer became separated from any previous employing agency.

(2) The division shall provide subsequent employing agencies with all information in the division's possession resulting from the requirements of subsection (b) of this section.

(d) (1) An administrator of an employing agency who discloses information under this section is immune from civil liability for such disclosure or its consequences. (2) An employing agency is not civilly liable for disclosure of information under this subchapter or performing any other duties under this subchapter.

(1) An administrator of an employing agency who discloses information under this section is immune from civil liability for such disclosure or its consequences.

(2) An employing agency is not civilly liable for disclosure of information under this subchapter or performing any other duties under this subchapter.

(e) (1) The division and its employees who disclose information under this section are immune from civil liability for such disclosure or its consequences. (2) The division and its employees are not civilly liable for: (A) Disclosure of information under this subchapter; or (B) Performing any other duties under this subchapter.

(1) The division and its employees who disclose information under this section are immune from civil liability for such disclosure or its consequences.

(2) The division and its employees are not civilly liable for: (A) Disclosure of information under this subchapter; or (B) Performing any other duties under this subchapter.

(A) Disclosure of information under this subchapter; or

(B) Performing any other duties under this subchapter.

Amended by Act 2021, No. 218,§ 3, eff. 7/28/2021.

Amended by Act 2019, No. 151,§ 8, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 5832, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 5831, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 5830, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 5829, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 5828, eff. 7/1/2019.

Acts 1997, No. 949, § 1; 1999, No. 949, § 1.
Ark. Code Ann. § 12-18-301 — AR Code / Title 12 / Chapter 18 / Subchapter 3 / Section 12-18-301
Creation
Status: in_force

(a) There is created the Child Abuse Hotline. (b) The Child Abuse Hotline is a unit established within the Department of Human Services and the Division of Arkansas State Police, or their designee, with the purpose of receiving and recording notifications and reports under this chapter. (c) (1) The Child Abuse Hotline shall be staffed twenty-four (24) hours per day and shall have statewide accessibility through a toll-free telephone number. (2) The toll-free telephone number under this section shall be known as the "Child Abuse Hotline". (d) All persons whether a mandated reporter under this chapter or not may use the Child Abuse Hotline to report child maltreatment or suspected child maltreatment. Amended by Act 2019, No. 910,§ 5873, eff. 7/1/2019. Amended by Act 2015, No. 1004,§ 5, eff. 7/22/2015. Acts 2009, No. 749, § 1.

(a) There is created the Child Abuse Hotline.

(b) The Child Abuse Hotline is a unit established within the Department of Human Services and the Division of Arkansas State Police, or their designee, with the purpose of receiving and recording notifications and reports under this chapter.

(c) (1) The Child Abuse Hotline shall be staffed twenty-four (24) hours per day and shall have statewide accessibility through a toll-free telephone number. (2) The toll-free telephone number under this section shall be known as the "Child Abuse Hotline".

(1) The Child Abuse Hotline shall be staffed twenty-four (24) hours per day and shall have statewide accessibility through a toll-free telephone number.

(2) The toll-free telephone number under this section shall be known as the "Child Abuse Hotline".

(d) All persons whether a mandated reporter under this chapter or not may use the Child Abuse Hotline to report child maltreatment or suspected child maltreatment.

Amended by Act 2019, No. 910,§ 5873, eff. 7/1/2019.

Amended by Act 2015, No. 1004,§ 5, eff. 7/22/2015.

Acts 2009, No. 749, § 1.
Ark. Code Ann. § 12-9-205 — AR Code / Title 12 / Chapter 9 / Subchapter 2 / Section 12-9-205
[Repealed]
Status: repealed

Repealed by Act 2017, No. 497,§ 13, eff. 8/1/2017. Acts 1963, No. 526, § 2; A.S.A. 1947, § 42-702.

Repealed by Act 2017, No. 497,§ 13, eff. 8/1/2017.

Acts 1963, No. 526, § 2; A.S.A. 1947, § 42-702.
Ark. Code Ann. § 12-29-108 — AR Code / Title 12 / Chapter 29 / Subchapter 1 / Section 12-29-108
Cash in possession of inmate - Confiscation
Status: in_force

(a) The Board of Corrections is authorized to promulgate rules concerning the maximum amount of cash that inmates of the Division of Correction may have in their possession. (b) The board shall provide adequate facilities for the deposit and safekeeping of cash belonging to inmates at the division if the inmate desires to deposit it for safekeeping. (c) (1) An inmate of the division shall forfeit any cash found on his or her person or in his or her possession in excess of the amount prescribed by rules of the board. (2) After a hearing, the Director of the Division of Correction shall confiscate such cash and deposit the amount held in violation of the rules into a division welfare fund, to be used for the benefit of inmates of the division pursuant to rules of the board. (3) A complete record of all funds forfeited and confiscated shall be maintained by the director. Amended by Act 2019, No. 315,§ 895, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 894, eff. 7/24/2019. Acts 1967, No. 474, § 1; A.S.A. 1947, § 46-178.

(a) The Board of Corrections is authorized to promulgate rules concerning the maximum amount of cash that inmates of the Division of Correction may have in their possession.

(b) The board shall provide adequate facilities for the deposit and safekeeping of cash belonging to inmates at the division if the inmate desires to deposit it for safekeeping.

(c) (1) An inmate of the division shall forfeit any cash found on his or her person or in his or her possession in excess of the amount prescribed by rules of the board. (2) After a hearing, the Director of the Division of Correction shall confiscate such cash and deposit the amount held in violation of the rules into a division welfare fund, to be used for the benefit of inmates of the division pursuant to rules of the board. (3) A complete record of all funds forfeited and confiscated shall be maintained by the director.

(1) An inmate of the division shall forfeit any cash found on his or her person or in his or her possession in excess of the amount prescribed by rules of the board.

(2) After a hearing, the Director of the Division of Correction shall confiscate such cash and deposit the amount held in violation of the rules into a division welfare fund, to be used for the benefit of inmates of the division pursuant to rules of the board.

(3) A complete record of all funds forfeited and confiscated shall be maintained by the director.

Amended by Act 2019, No. 315,§ 895, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 894, eff. 7/24/2019.

Acts 1967, No. 474, § 1; A.S.A. 1947, § 46-178.
Ark. Code Ann. § 12-9-208 — AR Code / Title 12 / Chapter 9 / Subchapter 2 / Section 12-9-208
State Capitol Police - Training course
Status: in_force

All members of the State Capitol Police shall satisfactorily complete the training course for law enforcement officers at the Arkansas Law Enforcement Training Academy within nine (9) months of their hire date or any extension granted by the Arkansas Commission on Law Enforcement Standards and Training. Amended by Act 2017, No. 497,§ 14, eff. 8/1/2017. Acts 1987, No. 468, § 1.

All members of the State Capitol Police shall satisfactorily complete the training course for law enforcement officers at the Arkansas Law Enforcement Training Academy within nine (9) months of their hire date or any extension granted by the Arkansas Commission on Law Enforcement Standards and Training.

Amended by Act 2017, No. 497,§ 14, eff. 8/1/2017.

Acts 1987, No. 468, § 1.
Ark. Code Ann. § 12-12-327 — AR Code / Title 12 / Chapter 12 / Subchapter 3 / Section 12-12-327
State Crime Laboratory Student Loan Forgiveness Program
Status: in_force

(a) There is established the State Crime Laboratory Student Loan Forgiveness Program to assist pathologists employed by the State Crime Laboratory with the repayment of the pathologists' student loans. (b) (1) The program described under this section shall be administered by the laboratory. (2) The State Crime Laboratory Board shall promulgate rules for determining a pathologist's eligibility for student loan forgiveness under the program that shall include the following requirements: (A) Satisfactory completion of any probationary employment period; (B) Proof of a student loan that remains unpaid, including the name and address of the student loan creditor; and (C) An executed employment contract with the laboratory in which the pathologist agrees to: (i) Work for the laboratory for a term that equals twenty-four (24) months for each year that the program makes a payment on the pathologist's student loan; and (ii) Reimburse the program if the pathologist resigns or is terminated for cause before the term of the employment contract terminates. (3) The amount of the payment to be made directly to the pathologist's student loan creditor shall not exceed: (A) Twenty-five thousand dollars ($25,000) per twenty-four (24) months; or (B) One hundred thousand dollars ($100,000) per pathologist. Added by Act 2021, No. 360,§ 1, eff. 7/28/2021.

(a) There is established the State Crime Laboratory Student Loan Forgiveness Program to assist pathologists employed by the State Crime Laboratory with the repayment of the pathologists' student loans.

(b) (1) The program described under this section shall be administered by the laboratory. (2) The State Crime Laboratory Board shall promulgate rules for determining a pathologist's eligibility for student loan forgiveness under the program that shall include the following requirements: (A) Satisfactory completion of any probationary employment period; (B) Proof of a student loan that remains unpaid, including the name and address of the student loan creditor; and (C) An executed employment contract with the laboratory in which the pathologist agrees to: (i) Work for the laboratory for a term that equals twenty-four (24) months for each year that the program makes a payment on the pathologist's student loan; and (ii) Reimburse the program if the pathologist resigns or is terminated for cause before the term of the employment contract terminates. (3) The amount of the payment to be made directly to the pathologist's student loan creditor shall not exceed: (A) Twenty-five thousand dollars ($25,000) per twenty-four (24) months; or (B) One hundred thousand dollars ($100,000) per pathologist.

(1) The program described under this section shall be administered by the laboratory.

(2) The State Crime Laboratory Board shall promulgate rules for determining a pathologist's eligibility for student loan forgiveness under the program that shall include the following requirements: (A) Satisfactory completion of any probationary employment period; (B) Proof of a student loan that remains unpaid, including the name and address of the student loan creditor; and (C) An executed employment contract with the laboratory in which the pathologist agrees to: (i) Work for the laboratory for a term that equals twenty-four (24) months for each year that the program makes a payment on the pathologist's student loan; and (ii) Reimburse the program if the pathologist resigns or is terminated for cause before the term of the employment contract terminates.

(A) Satisfactory completion of any probationary employment period;

(B) Proof of a student loan that remains unpaid, including the name and address of the student loan creditor; and

(C) An executed employment contract with the laboratory in which the pathologist agrees to: (i) Work for the laboratory for a term that equals twenty-four (24) months for each year that the program makes a payment on the pathologist's student loan; and (ii) Reimburse the program if the pathologist resigns or is terminated for cause before the term of the employment contract terminates.

(i) Work for the laboratory for a term that equals twenty-four (24) months for each year that the program makes a payment on the pathologist's student loan; and

(ii) Reimburse the program if the pathologist resigns or is terminated for cause before the term of the employment contract terminates.

(3) The amount of the payment to be made directly to the pathologist's student loan creditor shall not exceed: (A) Twenty-five thousand dollars ($25,000) per twenty-four (24) months; or (B) One hundred thousand dollars ($100,000) per pathologist.

(A) Twenty-five thousand dollars ($25,000) per twenty-four (24) months; or

(B) One hundred thousand dollars ($100,000) per pathologist.

Added by Act 2021, No. 360,§ 1, eff. 7/28/2021.
Ark. Code Ann. § 12-64-829 — AR Code / Title 12 / Chapter 64 / Subchapter 8 / Section 12-64-829
Misconduct as a prisoner
Status: in_force

Any person subject to this code shall be punished as a court-martial may direct if he or she, while in the hands of the enemy in time of war: (1) For the purpose of securing favorable treatment by his or her captors, acts without proper authority in a manner contrary to law, custom, rule, or regulation, to the detriment of other of whatever nationality held by the enemy as civilian or military prisoners; or (2) While in a position of authority over such persons, maltreats them without justifiable cause. Amended by Act 2019, No. 315,§ 963, eff. 7/24/2019. Acts 1969, No. 50, § 147; A.S.A. 1947, § 11-729.

Any person subject to this code shall be punished as a court-martial may direct if he or she, while in the hands of the enemy in time of war:

(1) For the purpose of securing favorable treatment by his or her captors, acts without proper authority in a manner contrary to law, custom, rule, or regulation, to the detriment of other of whatever nationality held by the enemy as civilian or military prisoners; or

(2) While in a position of authority over such persons, maltreats them without justifiable cause.

Amended by Act 2019, No. 315,§ 963, eff. 7/24/2019.

Acts 1969, No. 50, § 147; A.S.A. 1947, § 11-729.
Ark. Code Ann. § 12-30-308 — AR Code / Title 12 / Chapter 30 / Subchapter 3 / Section 12-30-308
Lease or rental of land
Status: in_force

(a) The Board of Corrections, in its discretion and with the Governor's approval, may cease or abandon the cultivation of any land now owned by the state and under the jurisdiction of the board and may rent or lease the land not cultivated, or abandoned and not needed in the proper operation of the penal system of this state, if they deem the action expedient. (b) In its discretion and with the Governor's approval, the board may rent or lease additional lands for the planting and cultivation of crops by inmates. Amended by Act 2013, No. 1277,§ 4, eff. 8/16/2013. Amended by Act 2013, No. 295,§ 6, eff. 8/16/2013. Amended by Act 2013, No. 294,§ 1, eff. 8/16/2013. Acts 1933, No. 30, § 33; Pope's Dig., § 12700; A.S.A. 1947, § 46-217.

(a) The Board of Corrections, in its discretion and with the Governor's approval, may cease or abandon the cultivation of any land now owned by the state and under the jurisdiction of the board and may rent or lease the land not cultivated, or abandoned and not needed in the proper operation of the penal system of this state, if they deem the action expedient.

(b) In its discretion and with the Governor's approval, the board may rent or lease additional lands for the planting and cultivation of crops by inmates.

Amended by Act 2013, No. 1277,§ 4, eff. 8/16/2013.

Amended by Act 2013, No. 295,§ 6, eff. 8/16/2013.

Amended by Act 2013, No. 294,§ 1, eff. 8/16/2013.

Acts 1933, No. 30, § 33; Pope's Dig., § 12700; A.S.A. 1947, § 46-217.
Ark. Code Ann. § 12-77-102 — AR Code / Title 12 / Chapter 77 / Section 12-77-102
Purpose
Status: in_force

(a) (1) It is found and determined by the General Assembly that: (A) There exists a history of violent seismic activity within the central United States seismic zone which includes the New Madrid Fault, the southern branch of the New Madrid Fault being at or about Marked Tree, Arkansas, and extends northeast into Missouri and Tennessee; (B) That a recurrence of the 1811-1812 earthquake swarm, whereby fifty-five (55) of the approximate two thousand ten (2,010) earthquakes occurring during a three-month period that had surface wave magnitudes of 6.0 - 8.7 on the Richter scale, estimated to have affected in excess of eight hundred thousand (800,000) square miles, is again possible; and (C) That it is essential for the protection of life and limb of the citizens of this state, and particularly those approximately six hundred fifty thousand (650,000) citizens on and in close proximity of the fault, that a program be initiated to provide for continuous mitigation, preparedness, response, and recovery capability for violent seismic activity. (2) The General Assembly further determines that it is appropriate to amend the Interstate Civil Defense and Disaster Compact, § 12-76-101 et seq., to be in concert with the Central United States Earthquake Consortium efforts to develop an Interstate Earthquake Emergency Compact. (b) Therefore, it is the purpose and intent of this chapter to initiate a program to deal with this matter and to charge the Arkansas Department of Emergency Management, Earthquake Preparedness Program, with the responsibility of carrying out the program requiring the full cooperation of all other state and local government agencies, departments, offices, and personnel and requiring that all earthquake mitigation, preparedness, response, and recovery-related functions of Arkansas be coordinated to the maximum extent with comparable functions of the federal government, including its various departments and agencies, with other states and localities, and with private agencies of every type, to the end that the most effective earthquake mitigation, preparation, response, and recovery capabilities may be accomplished. Acts 1989, No. 247, § 2; 1999, No. 646, § 39.

(a) (1) It is found and determined by the General Assembly that: (A) There exists a history of violent seismic activity within the central United States seismic zone which includes the New Madrid Fault, the southern branch of the New Madrid Fault being at or about Marked Tree, Arkansas, and extends northeast into Missouri and Tennessee; (B) That a recurrence of the 1811-1812 earthquake swarm, whereby fifty-five (55) of the approximate two thousand ten (2,010) earthquakes occurring during a three-month period that had surface wave magnitudes of 6.0 - 8.7 on the Richter scale, estimated to have affected in excess of eight hundred thousand (800,000) square miles, is again possible; and (C) That it is essential for the protection of life and limb of the citizens of this state, and particularly those approximately six hundred fifty thousand (650,000) citizens on and in close proximity of the fault, that a program be initiated to provide for continuous mitigation, preparedness, response, and recovery capability for violent seismic activity. (2) The General Assembly further determines that it is appropriate to amend the Interstate Civil Defense and Disaster Compact, § 12-76-101 et seq., to be in concert with the Central United States Earthquake Consortium efforts to develop an Interstate Earthquake Emergency Compact.

(1) It is found and determined by the General Assembly that: (A) There exists a history of violent seismic activity within the central United States seismic zone which includes the New Madrid Fault, the southern branch of the New Madrid Fault being at or about Marked Tree, Arkansas, and extends northeast into Missouri and Tennessee; (B) That a recurrence of the 1811-1812 earthquake swarm, whereby fifty-five (55) of the approximate two thousand ten (2,010) earthquakes occurring during a three-month period that had surface wave magnitudes of 6.0 - 8.7 on the Richter scale, estimated to have affected in excess of eight hundred thousand (800,000) square miles, is again possible; and (C) That it is essential for the protection of life and limb of the citizens of this state, and particularly those approximately six hundred fifty thousand (650,000) citizens on and in close proximity of the fault, that a program be initiated to provide for continuous mitigation, preparedness, response, and recovery capability for violent seismic activity.

(A) There exists a history of violent seismic activity within the central United States seismic zone which includes the New Madrid Fault, the southern branch of the New Madrid Fault being at or about Marked Tree, Arkansas, and extends northeast into Missouri and Tennessee;

(B) That a recurrence of the 1811-1812 earthquake swarm, whereby fifty-five (55) of the approximate two thousand ten (2,010) earthquakes occurring during a three-month period that had surface wave magnitudes of 6.0 - 8.7 on the Richter scale, estimated to have affected in excess of eight hundred thousand (800,000) square miles, is again possible; and

(C) That it is essential for the protection of life and limb of the citizens of this state, and particularly those approximately six hundred fifty thousand (650,000) citizens on and in close proximity of the fault, that a program be initiated to provide for continuous mitigation, preparedness, response, and recovery capability for violent seismic activity.

(2) The General Assembly further determines that it is appropriate to amend the Interstate Civil Defense and Disaster Compact, § 12-76-101 et seq., to be in concert with the Central United States Earthquake Consortium efforts to develop an Interstate Earthquake Emergency Compact.

(b) Therefore, it is the purpose and intent of this chapter to initiate a program to deal with this matter and to charge the Arkansas Department of Emergency Management, Earthquake Preparedness Program, with the responsibility of carrying out the program requiring the full cooperation of all other state and local government agencies, departments, offices, and personnel and requiring that all earthquake mitigation, preparedness, response, and recovery-related functions of Arkansas be coordinated to the maximum extent with comparable functions of the federal government, including its various departments and agencies, with other states and localities, and with private agencies of every type, to the end that the most effective earthquake mitigation, preparation, response, and recovery capabilities may be accomplished.

Acts 1989, No. 247, § 2; 1999, No. 646, § 39.
Ark. Code Ann. § 12-64-701 — AR Code / Title 12 / Chapter 64 / Subchapter 7 / Section 12-64-701
Initial action on the record
Status: in_force

After a trial by court-martial, the record shall be forwarded to the convening authority, as reviewing authority, and action thereon may be taken by the person who convened the court, a commissioned officer commanding for the time being, a successor in command, or by the Governor. Acts 1969, No. 50, § 106; A.S.A. 1947, § 11-661.

After a trial by court-martial, the record shall be forwarded to the convening authority, as reviewing authority, and action thereon may be taken by the person who convened the court, a commissioned officer commanding for the time being, a successor in command, or by the Governor.

Acts 1969, No. 50, § 106; A.S.A. 1947, § 11-661.
Ark. Code Ann. § 12-29-405 — AR Code / Title 12 / Chapter 29 / Subchapter 4 / Section 12-29-405
Inmates with mental illness
Status: in_force

(a) The Division of Correction is authorized to develop in-house due process procedures as approved by the Board of Corrections in accordance with United States Supreme Court guidelines for the voluntary or involuntary treatment of inmates with mental illness at the facilities and programs of the Mental Health Services Section of the Division of Correction. (b) (1) While the inmate is in treatment, the inmate's sentence shall continue to run. (2) If an inmate's sentence expires while in treatment, the division shall release the inmate or pursue involuntary admission under the appropriate procedures prescribed by existing laws governing the involuntary treatment of individuals with mental illness. Amended by Act 2019, No. 910,§ 807, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 806, eff. 7/1/2019. Acts 1981, No. 507, §§ 1, 2; A.S.A. 1947, §§ 46-153.1, 46-153.2; Acts 1993, No. 884, §§ 2, 3.

(a) The Division of Correction is authorized to develop in-house due process procedures as approved by the Board of Corrections in accordance with United States Supreme Court guidelines for the voluntary or involuntary treatment of inmates with mental illness at the facilities and programs of the Mental Health Services Section of the Division of Correction.

(b) (1) While the inmate is in treatment, the inmate's sentence shall continue to run. (2) If an inmate's sentence expires while in treatment, the division shall release the inmate or pursue involuntary admission under the appropriate procedures prescribed by existing laws governing the involuntary treatment of individuals with mental illness.

(1) While the inmate is in treatment, the inmate's sentence shall continue to run.

(2) If an inmate's sentence expires while in treatment, the division shall release the inmate or pursue involuntary admission under the appropriate procedures prescribed by existing laws governing the involuntary treatment of individuals with mental illness.

Amended by Act 2019, No. 910,§ 807, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 806, eff. 7/1/2019.

Acts 1981, No. 507, §§ 1, 2; A.S.A. 1947, §§ 46-153.1, 46-153.2; Acts 1993, No. 884, §§ 2, 3.
Ark. Code Ann. § 12-83-101 — AR Code / Title 12 / Chapter 83 / Section 12-83-101
Title
Status: in_force

This chapter may be cited as the Emergency Volunteer Reserve Act of 1995. Acts 1995, No. 115, § 1; 1995, No. 169, § 1.

This chapter may be cited as the Emergency Volunteer Reserve Act of 1995.

Acts 1995, No. 115, § 1; 1995, No. 169, § 1.
Ark. Code Ann. § 12-15-205 — AR Code / Title 12 / Chapter 15 / Subchapter 2 / Section 12-15-205
Eligibility to carry concealed handgun - Active or retired prosecuting attorney or deputy prosecuting attorney
Status: in_force

(a) A prosecuting attorney or deputy prosecuting attorney designated by the prosecuting attorney may carry a concealed handgun at any time if the prosecuting attorney or deputy prosecuting attorney designated by the prosecuting attorney: (1) Is presently holding the office of prosecuting attorney or is presently employed by a prosecuting attorney; (2) Is not subject to any disciplinary action that suspends his or her authority as a prosecuting attorney or deputy prosecuting attorney designated by the prosecuting attorney; (3) Is carrying a badge or appropriate written photographic identification issued by the prosecuting attorney identifying him or her as a prosecuting attorney or deputy prosecuting attorney designated by the prosecuting attorney; (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 a retired prosecuting attorney or a retired deputy prosecuting attorney designated by the prosecuting attorney who: (A) Retired in good standing from service with a prosecuting attorney's office for reasons other than mental disability; (B) Immediately before retirement was authorized to carry a firearm in the course and scope of his or her duties; (C) Is carrying appropriate written photographic identification issued by a prosecuting attorney's office, identifying him or her as a retired prosecuting attorney or a retired deputy prosecuting attorney designated by the prosecuting attorney; (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 the statutory requirements of § 16-21-147(b)(4) ; (G) Before his or her retirement, worked or was employed as a prosecuting attorney or as a deputy prosecuting attorney 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 prosecuting attorney shall keep a record of all retired prosecuting attorneys and retired deputy prosecuting attorneys designated by the prosecuting attorney authorized to carry a concealed handgun in his or her jurisdiction and may revoke any authorization only for good cause shown and not for an arbitrary or capricious reason. (c) An active or retired prosecuting attorney or active or retired deputy prosecuting attorney designated by the prosecuting attorney carrying a concealed handgun under this section is not subject to the prohibitions and limitations of § 5-73-306 . Added by Act 2023, No. 176,§ 5, eff. 8/1/2023.

(a) A prosecuting attorney or deputy prosecuting attorney designated by the prosecuting attorney may carry a concealed handgun at any time if the prosecuting attorney or deputy prosecuting attorney designated by the prosecuting attorney: (1) Is presently holding the office of prosecuting attorney or is presently employed by a prosecuting attorney; (2) Is not subject to any disciplinary action that suspends his or her authority as a prosecuting attorney or deputy prosecuting attorney designated by the prosecuting attorney; (3) Is carrying a badge or appropriate written photographic identification issued by the prosecuting attorney identifying him or her as a prosecuting attorney or deputy prosecuting attorney designated by the prosecuting attorney; (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 holding the office of prosecuting attorney or is presently employed by a prosecuting attorney;

(2) Is not subject to any disciplinary action that suspends his or her authority as a prosecuting attorney or deputy prosecuting attorney designated by the prosecuting attorney;

(3) Is carrying a badge or appropriate written photographic identification issued by the prosecuting attorney identifying him or her as a prosecuting attorney or deputy prosecuting attorney designated by the prosecuting attorney;

(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 a retired prosecuting attorney or a retired deputy prosecuting attorney designated by the prosecuting attorney who: (A) Retired in good standing from service with a prosecuting attorney's office for reasons other than mental disability; (B) Immediately before retirement was authorized to carry a firearm in the course and scope of his or her duties; (C) Is carrying appropriate written photographic identification issued by a prosecuting attorney's office, identifying him or her as a retired prosecuting attorney or a retired deputy prosecuting attorney designated by the prosecuting attorney; (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 the statutory requirements of § 16-21-147(b)(4) ; (G) Before his or her retirement, worked or was employed as a prosecuting attorney or as a deputy prosecuting attorney 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 prosecuting attorney shall keep a record of all retired prosecuting attorneys and retired deputy prosecuting attorneys designated by the prosecuting attorney authorized to carry a concealed handgun in his or her jurisdiction and may revoke any authorization only for good cause shown and not for an arbitrary or capricious reason.

(1) A concealed handgun may be carried by a retired prosecuting attorney or a retired deputy prosecuting attorney designated by the prosecuting attorney who: (A) Retired in good standing from service with a prosecuting attorney's office for reasons other than mental disability; (B) Immediately before retirement was authorized to carry a firearm in the course and scope of his or her duties; (C) Is carrying appropriate written photographic identification issued by a prosecuting attorney's office, identifying him or her as a retired prosecuting attorney or a retired deputy prosecuting attorney designated by the prosecuting attorney; (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 the statutory requirements of § 16-21-147(b)(4) ; (G) Before his or her retirement, worked or was employed as a prosecuting attorney or as a deputy prosecuting attorney 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 prosecuting attorney's office for reasons other than mental disability;

(B) Immediately before retirement was authorized to carry a firearm in the course and scope of his or her duties;

(C) Is carrying appropriate written photographic identification issued by a prosecuting attorney's office, identifying him or her as a retired prosecuting attorney or a retired deputy prosecuting attorney designated by the prosecuting attorney;

(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 the statutory requirements of § 16-21-147(b)(4) ;

(G) Before his or her retirement, worked or was employed as a prosecuting attorney or as a deputy prosecuting attorney 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 prosecuting attorney shall keep a record of all retired prosecuting attorneys and retired deputy prosecuting attorneys designated by the prosecuting attorney authorized to carry a concealed handgun in his or her jurisdiction and may revoke any authorization only for good cause shown and not for an arbitrary or capricious reason.

(c) An active or retired prosecuting attorney or active or retired deputy prosecuting attorney designated by the prosecuting attorney carrying a concealed handgun under this section is not subject to the prohibitions and limitations of § 5-73-306 .

Added by Act 2023, No. 176,§ 5, eff. 8/1/2023.
Ark. Code Ann. § 12-61-105 — AR Code / Title 12 / Chapter 61 / Subchapter 1 / Section 12-61-105
Adjutant General - Qualifications - Salary
Status: in_force

(a) There shall be an Adjutant General of the state who shall be appointed by the Governor and shall be a commissioned officer in the Adjutant General's department of the National Guard of this state and shall have rank not higher than lieutenant general. (b) To be eligible for appointment, he or she shall be a citizen of the United States and a resident of the State of Arkansas, and: (1) He or she must be an officer in the active militia with not less than seven (7) successive years' service immediately next preceding his or her appointment; or (2) He or she must have been in service in the active militia of this state as a commissioned officer for a period of fifteen (15) years, eight (8) of which were as a field grade officer or general officer, or both combined; or (3) He or she must have held the rank of a field grade officer in the active militia and, as such, have been called into federal service and have commanded a unit during such service. (c) (1) The pay of the Adjutant General and the assistant adjutant general shall be the same as is allowed to officers of like grade, service, and rank by the pay tables of the United States Army or Air Force at the time such pay accrues. (2) The Adjutant General is permitted to receive payments in addition to regular salary as provided by the Uniform Classification and Compensation Act, § 21-5-201 et seq., while serving in the federal position of technician while also serving as Adjutant General. Such additional payments are provided for in Title IV of the Intergovernmental Personnel Act of 1970, Pub. L. No. 91-648. Acts 1969, No. 50, § 10; 1977, No. 694, § 6; A.S.A. 1947, §§ 11-110, 11-110.1; Acts 2007, No. 47, § 2.

(a) There shall be an Adjutant General of the state who shall be appointed by the Governor and shall be a commissioned officer in the Adjutant General's department of the National Guard of this state and shall have rank not higher than lieutenant general.

(b) To be eligible for appointment, he or she shall be a citizen of the United States and a resident of the State of Arkansas, and: (1) He or she must be an officer in the active militia with not less than seven (7) successive years' service immediately next preceding his or her appointment; or (2) He or she must have been in service in the active militia of this state as a commissioned officer for a period of fifteen (15) years, eight (8) of which were as a field grade officer or general officer, or both combined; or (3) He or she must have held the rank of a field grade officer in the active militia and, as such, have been called into federal service and have commanded a unit during such service.

(1) He or she must be an officer in the active militia with not less than seven (7) successive years' service immediately next preceding his or her appointment; or

(2) He or she must have been in service in the active militia of this state as a commissioned officer for a period of fifteen (15) years, eight (8) of which were as a field grade officer or general officer, or both combined; or

(3) He or she must have held the rank of a field grade officer in the active militia and, as such, have been called into federal service and have commanded a unit during such service.

(c) (1) The pay of the Adjutant General and the assistant adjutant general shall be the same as is allowed to officers of like grade, service, and rank by the pay tables of the United States Army or Air Force at the time such pay accrues. (2) The Adjutant General is permitted to receive payments in addition to regular salary as provided by the Uniform Classification and Compensation Act, § 21-5-201 et seq., while serving in the federal position of technician while also serving as Adjutant General. Such additional payments are provided for in Title IV of the Intergovernmental Personnel Act of 1970, Pub. L. No. 91-648.

(1) The pay of the Adjutant General and the assistant adjutant general shall be the same as is allowed to officers of like grade, service, and rank by the pay tables of the United States Army or Air Force at the time such pay accrues.

(2) The Adjutant General is permitted to receive payments in addition to regular salary as provided by the Uniform Classification and Compensation Act, § 21-5-201 et seq., while serving in the federal position of technician while also serving as Adjutant General. Such additional payments are provided for in Title IV of the Intergovernmental Personnel Act of 1970, Pub. L. No. 91-648.

Acts 1969, No. 50, § 10; 1977, No. 694, § 6; A.S.A. 1947, §§ 11-110, 11-110.1; Acts 2007, No. 47, § 2.
Ark. Code Ann. § 12-64-526 — AR Code / Title 12 / Chapter 64 / Subchapter 5 / Section 12-64-526
Double jeopardy
Status: in_force

(a) No person may without his or her consent be tried a second time in any court of the state for the same offense. (b) No proceeding in which an accused has been found guilty by a court-martial upon any charge or specification is a trial in the sense of this section until the finding of guilty has become final after review of the case has been fully completed. (c) A proceeding which, after the introduction of evidence but before a finding, is dismissed or terminated by the convening authority or on motion of the prosecution for failure of available evidence or witnesses without any fault of the accused is a trial in the sense of this section. Acts 1969, No. 50, § 90; A.S.A. 1947, § 11-645.

(a) No person may without his or her consent be tried a second time in any court of the state for the same offense.

(b) No proceeding in which an accused has been found guilty by a court-martial upon any charge or specification is a trial in the sense of this section until the finding of guilty has become final after review of the case has been fully completed.

(c) A proceeding which, after the introduction of evidence but before a finding, is dismissed or terminated by the convening authority or on motion of the prosecution for failure of available evidence or witnesses without any fault of the accused is a trial in the sense of this section.

Acts 1969, No. 50, § 90; A.S.A. 1947, § 11-645.
Ark. Code Ann. § 12-8-503 — AR Code / Title 12 / Chapter 8 / Subchapter 5 / Section 12-8-503
Transfer of powers and duties - Executive orders - Contracts
Status: in_force

(a) (1) The Governor shall issue an executive order transferring the powers and duties of the Department of Human Services in regard to the Child Abuse Hotline to the Department of Arkansas State Police by a type 2 transfer as defined in § 25-2-105 or the Department of Human Services and the Department of Arkansas State Police shall enter into a contract for the administration of the Child Abuse Hotline in accordance with this subchapter. (2) Personnel transferred with the Child Abuse Hotline shall be required to meet employment standards and policies established by the Department of Arkansas State Police in order to retain their employment. (b) (1) The Governor shall issue an executive order transferring the powers and duties of the Department of Human Services in regard to child abuse investigations to the Department of Arkansas State Police by a type 2 transfer as defined in § 25-2-105 or the Department of Human Services and the Department of Arkansas State Police shall enter into a contract for the Department of Arkansas State Police to conduct child abuse investigations in accordance with this subchapter. (2) Personnel transferred in regard to child abuse investigations shall be required to meet employment standards and policies established by the Department of Arkansas State Police in order to retain their employment. Acts 1997, No. 1240, § 3.

(a) (1) The Governor shall issue an executive order transferring the powers and duties of the Department of Human Services in regard to the Child Abuse Hotline to the Department of Arkansas State Police by a type 2 transfer as defined in § 25-2-105 or the Department of Human Services and the Department of Arkansas State Police shall enter into a contract for the administration of the Child Abuse Hotline in accordance with this subchapter. (2) Personnel transferred with the Child Abuse Hotline shall be required to meet employment standards and policies established by the Department of Arkansas State Police in order to retain their employment.

(1) The Governor shall issue an executive order transferring the powers and duties of the Department of Human Services in regard to the Child Abuse Hotline to the Department of Arkansas State Police by a type 2 transfer as defined in § 25-2-105 or the Department of Human Services and the Department of Arkansas State Police shall enter into a contract for the administration of the Child Abuse Hotline in accordance with this subchapter.

(2) Personnel transferred with the Child Abuse Hotline shall be required to meet employment standards and policies established by the Department of Arkansas State Police in order to retain their employment.

(b) (1) The Governor shall issue an executive order transferring the powers and duties of the Department of Human Services in regard to child abuse investigations to the Department of Arkansas State Police by a type 2 transfer as defined in § 25-2-105 or the Department of Human Services and the Department of Arkansas State Police shall enter into a contract for the Department of Arkansas State Police to conduct child abuse investigations in accordance with this subchapter. (2) Personnel transferred in regard to child abuse investigations shall be required to meet employment standards and policies established by the Department of Arkansas State Police in order to retain their employment.

(1) The Governor shall issue an executive order transferring the powers and duties of the Department of Human Services in regard to child abuse investigations to the Department of Arkansas State Police by a type 2 transfer as defined in § 25-2-105 or the Department of Human Services and the Department of Arkansas State Police shall enter into a contract for the Department of Arkansas State Police to conduct child abuse investigations in accordance with this subchapter.

(2) Personnel transferred in regard to child abuse investigations shall be required to meet employment standards and policies established by the Department of Arkansas State Police in order to retain their employment.

Acts 1997, No. 1240, § 3.
Ark. Code Ann. § 12-12-1708 — AR Code / Title 12 / Chapter 12 / Subchapter 17 / Section 12-12-1708
Persons required to report adult or long-term care facility resident maltreatment
Status: in_force

(a) (1) Whenever any of the following persons has observed or has reasonable cause to suspect that an endangered person or an impaired person has been subjected to conditions or circumstances that constitute adult maltreatment or long-term care facility resident maltreatment, the person shall immediately report or cause a report to be made in accordance with the provisions of this section: (A) A physician; (B) A surgeon; (C) A coroner; (D) A dentist; (E) A dental hygienist; (F) An osteopath; (G) A resident intern; (H) A nurse; (I) A member of a hospital's personnel who is engaged in the administration, examination, care, or treatment of persons; (J) A social worker; (K) A case manager; (L) A home health worker; (M) A mental health professional; (N) A peace officer; (O) A law enforcement officer; (P) A facility administrator or owner; (Q) An employee in a facility; (R) An employee of the Department of Human Services, with the exception of an employee working with an ombudsman program established by the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services, in accordance with 42 U.S.C. § 3001 et seq., as it existed on January 1, 2017; (S) A firefighter; (T) An emergency medical technician; (U) An employee of a bank or other financial institution; (V) An employee of the United States Postal Service; (W) An employee or a volunteer of a program or an organization funded partially or wholly by the department who enters the home of or has contact with an elderly person; (X) A person associated with the care and treatment of animals, such as animal control officers and humane society officials; (Y) An employee who enforces code requirements for a city, township, or municipality; (Z) Any clergy member, including without limitation, a minister, a priest, a rabbi, an accredited Christian Science practitioner, or any other similar functionary of a religious organization, or an individual reasonably believed to be a minister, a priest, a rabbi, an accredited Christian Science practitioner, or any other similar functionary of a religious organization by the person consulting him or her, except to the extent he or she: (i) Has acquired knowledge of suspected maltreatment through communications required to be kept confidential pursuant to the religious discipline of the relevant denomination or faith; or (ii) Received the knowledge of the suspected maltreatment from the offender in the context of a statement of admission; or (AA) An employee working under contract for, or a contractor of, the department when acting within the scope of his or her contract or employment. (2) Whenever a person is required to report under this subchapter in his or her capacity as a member of the staff, an employee in or owner of a facility, or an employee of the department, he or she shall immediately notify the person in charge of the institution, facility, or agency, or that person's designated agent, who shall then become responsible for making a report or cause a report to be made within twenty-four (24) hours or on the next business day, whichever is earlier. (3) In addition to those persons and officials required to report suspected maltreatment, any other person may make a report if the person has observed an adult or long-term care facility resident being maltreated or has reasonable cause to suspect that an adult or long-term care facility resident has been maltreated. (b) (1) A report for a long-term care facility resident shall be made: (A) Immediately to the local law enforcement agency for the jurisdiction in which the long-term care facility is located; and (B) To the Office of Long-Term Care, under rules of that office. (2) A report of a maltreated adult who does not reside in a long-term care facility shall be made to the adult and long-term care facility maltreatment hotline provided in § 12-12-1707 . (c) No privilege or contract shall relieve any person required by this subchapter to make a notification or report from the requirement of making the notification or report. (d) (1) Upon request the department shall provide a person listed in subdivision (a)(1) of this section with confirmation of receipt of a report of maltreatment. (2) However, confirmation shall consist only of the acknowledgement of receipt of the report and the date the report was made to the department. Amended by Act 2019, No. 315,§ 872, eff. 7/24/2019. Amended by Act 2019, No. 531,§ 2, eff. 7/24/2019. Amended by Act 2017, No. 1034,§ 1, eff. 8/1/2017. Amended by Act 2013, No. 584,§ 3, eff. 8/16/2013. Acts 2005, No. 1812, § 1; 2007, No. 497, § 5.

(a) (1) Whenever any of the following persons has observed or has reasonable cause to suspect that an endangered person or an impaired person has been subjected to conditions or circumstances that constitute adult maltreatment or long-term care facility resident maltreatment, the person shall immediately report or cause a report to be made in accordance with the provisions of this section: (A) A physician; (B) A surgeon; (C) A coroner; (D) A dentist; (E) A dental hygienist; (F) An osteopath; (G) A resident intern; (H) A nurse; (I) A member of a hospital's personnel who is engaged in the administration, examination, care, or treatment of persons; (J) A social worker; (K) A case manager; (L) A home health worker; (M) A mental health professional; (N) A peace officer; (O) A law enforcement officer; (P) A facility administrator or owner; (Q) An employee in a facility; (R) An employee of the Department of Human Services, with the exception of an employee working with an ombudsman program established by the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services, in accordance with 42 U.S.C. § 3001 et seq., as it existed on January 1, 2017; (S) A firefighter; (T) An emergency medical technician; (U) An employee of a bank or other financial institution; (V) An employee of the United States Postal Service; (W) An employee or a volunteer of a program or an organization funded partially or wholly by the department who enters the home of or has contact with an elderly person; (X) A person associated with the care and treatment of animals, such as animal control officers and humane society officials; (Y) An employee who enforces code requirements for a city, township, or municipality; (Z) Any clergy member, including without limitation, a minister, a priest, a rabbi, an accredited Christian Science practitioner, or any other similar functionary of a religious organization, or an individual reasonably believed to be a minister, a priest, a rabbi, an accredited Christian Science practitioner, or any other similar functionary of a religious organization by the person consulting him or her, except to the extent he or she: (i) Has acquired knowledge of suspected maltreatment through communications required to be kept confidential pursuant to the religious discipline of the relevant denomination or faith; or (ii) Received the knowledge of the suspected maltreatment from the offender in the context of a statement of admission; or (AA) An employee working under contract for, or a contractor of, the department when acting within the scope of his or her contract or employment. (2) Whenever a person is required to report under this subchapter in his or her capacity as a member of the staff, an employee in or owner of a facility, or an employee of the department, he or she shall immediately notify the person in charge of the institution, facility, or agency, or that person's designated agent, who shall then become responsible for making a report or cause a report to be made within twenty-four (24) hours or on the next business day, whichever is earlier. (3) In addition to those persons and officials required to report suspected maltreatment, any other person may make a report if the person has observed an adult or long-term care facility resident being maltreated or has reasonable cause to suspect that an adult or long-term care facility resident has been maltreated.

(1) Whenever any of the following persons has observed or has reasonable cause to suspect that an endangered person or an impaired person has been subjected to conditions or circumstances that constitute adult maltreatment or long-term care facility resident maltreatment, the person shall immediately report or cause a report to be made in accordance with the provisions of this section: (A) A physician; (B) A surgeon; (C) A coroner; (D) A dentist; (E) A dental hygienist; (F) An osteopath; (G) A resident intern; (H) A nurse; (I) A member of a hospital's personnel who is engaged in the administration, examination, care, or treatment of persons; (J) A social worker; (K) A case manager; (L) A home health worker; (M) A mental health professional; (N) A peace officer; (O) A law enforcement officer; (P) A facility administrator or owner; (Q) An employee in a facility; (R) An employee of the Department of Human Services, with the exception of an employee working with an ombudsman program established by the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services, in accordance with 42 U.S.C. § 3001 et seq., as it existed on January 1, 2017; (S) A firefighter; (T) An emergency medical technician; (U) An employee of a bank or other financial institution; (V) An employee of the United States Postal Service; (W) An employee or a volunteer of a program or an organization funded partially or wholly by the department who enters the home of or has contact with an elderly person; (X) A person associated with the care and treatment of animals, such as animal control officers and humane society officials; (Y) An employee who enforces code requirements for a city, township, or municipality; (Z) Any clergy member, including without limitation, a minister, a priest, a rabbi, an accredited Christian Science practitioner, or any other similar functionary of a religious organization, or an individual reasonably believed to be a minister, a priest, a rabbi, an accredited Christian Science practitioner, or any other similar functionary of a religious organization by the person consulting him or her, except to the extent he or she: (i) Has acquired knowledge of suspected maltreatment through communications required to be kept confidential pursuant to the religious discipline of the relevant denomination or faith; or (ii) Received the knowledge of the suspected maltreatment from the offender in the context of a statement of admission; or (AA) An employee working under contract for, or a contractor of, the department when acting within the scope of his or her contract or employment.

(A) A physician;

(B) A surgeon;

(C) A coroner;

(D) A dentist;

(E) A dental hygienist;

(F) An osteopath;

(G) A resident intern;

(H) A nurse;

(I) A member of a hospital's personnel who is engaged in the administration, examination, care, or treatment of persons;

(J) A social worker;

(K) A case manager;

(L) A home health worker;

(M) A mental health professional;

(N) A peace officer;

(O) A law enforcement officer;

(P) A facility administrator or owner;

(Q) An employee in a facility;

(R) An employee of the Department of Human Services, with the exception of an employee working with an ombudsman program established by the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services, in accordance with 42 U.S.C. § 3001 et seq., as it existed on January 1, 2017;

(S) A firefighter;

(T) An emergency medical technician;

(U) An employee of a bank or other financial institution;

(V) An employee of the United States Postal Service;

(W) An employee or a volunteer of a program or an organization funded partially or wholly by the department who enters the home of or has contact with an elderly person;

(X) A person associated with the care and treatment of animals, such as animal control officers and humane society officials;

(Y) An employee who enforces code requirements for a city, township, or municipality;

(Z) Any clergy member, including without limitation, a minister, a priest, a rabbi, an accredited Christian Science practitioner, or any other similar functionary of a religious organization, or an individual reasonably believed to be a minister, a priest, a rabbi, an accredited Christian Science practitioner, or any other similar functionary of a religious organization by the person consulting him or her, except to the extent he or she: (i) Has acquired knowledge of suspected maltreatment through communications required to be kept confidential pursuant to the religious discipline of the relevant denomination or faith; or (ii) Received the knowledge of the suspected maltreatment from the offender in the context of a statement of admission; or

(i) Has acquired knowledge of suspected maltreatment through communications required to be kept confidential pursuant to the religious discipline of the relevant denomination or faith; or

(ii) Received the knowledge of the suspected maltreatment from the offender in the context of a statement of admission; or

(AA) An employee working under contract for, or a contractor of, the department when acting within the scope of his or her contract or employment.

(2) Whenever a person is required to report under this subchapter in his or her capacity as a member of the staff, an employee in or owner of a facility, or an employee of the department, he or she shall immediately notify the person in charge of the institution, facility, or agency, or that person's designated agent, who shall then become responsible for making a report or cause a report to be made within twenty-four (24) hours or on the next business day, whichever is earlier.

(3) In addition to those persons and officials required to report suspected maltreatment, any other person may make a report if the person has observed an adult or long-term care facility resident being maltreated or has reasonable cause to suspect that an adult or long-term care facility resident has been maltreated.

(b) (1) A report for a long-term care facility resident shall be made: (A) Immediately to the local law enforcement agency for the jurisdiction in which the long-term care facility is located; and (B) To the Office of Long-Term Care, under rules of that office. (2) A report of a maltreated adult who does not reside in a long-term care facility shall be made to the adult and long-term care facility maltreatment hotline provided in § 12-12-1707 .

(1) A report for a long-term care facility resident shall be made: (A) Immediately to the local law enforcement agency for the jurisdiction in which the long-term care facility is located; and (B) To the Office of Long-Term Care, under rules of that office.

(A) Immediately to the local law enforcement agency for the jurisdiction in which the long-term care facility is located; and

(B) To the Office of Long-Term Care, under rules of that office.

(2) A report of a maltreated adult who does not reside in a long-term care facility shall be made to the adult and long-term care facility maltreatment hotline provided in § 12-12-1707 .

(c) No privilege or contract shall relieve any person required by this subchapter to make a notification or report from the requirement of making the notification or report.

(d) (1) Upon request the department shall provide a person listed in subdivision (a)(1) of this section with confirmation of receipt of a report of maltreatment. (2) However, confirmation shall consist only of the acknowledgement of receipt of the report and the date the report was made to the department.

(1) Upon request the department shall provide a person listed in subdivision (a)(1) of this section with confirmation of receipt of a report of maltreatment.

(2) However, confirmation shall consist only of the acknowledgement of receipt of the report and the date the report was made to the department.

Amended by Act 2019, No. 315,§ 872, eff. 7/24/2019.

Amended by Act 2019, No. 531,§ 2, eff. 7/24/2019.

Amended by Act 2017, No. 1034,§ 1, eff. 8/1/2017.

Amended by Act 2013, No. 584,§ 3, eff. 8/16/2013.

Acts 2005, No. 1812, § 1; 2007, No. 497, § 5.
Ark. Code Ann. § 12-10-313 — AR Code / Title 12 / Chapter 10 / Subchapter 3 / Section 12-10-313
Restrictions and nonemergency telephone number
Status: in_force

(a) The telephone number 911 is restricted to emergency calls that may result in dispatch of the appropriate response service for fire suppression and rescue, emergency medical services or ambulance, hazardous material incidents, disaster or major emergency occurrences, and law enforcement activities. (b) Any person calling the telephone number 911 for the purpose of making a false alarm or complaint or reporting false information that could result in the emergency dispatch of any public safety agency upon conviction is guilty of a Class A misdemeanor. (c) Each public safety answering point and dispatch center will maintain a published nonemergency telephone number, and nonemergency calls should be received on that number. (d) Transfers of calls from 911 trunks to nonemergency numbers are discouraged because that ties up 911 trunks and may interfere with true emergency calls. Amended by Act 2019, No. 660,§ 3, eff. 7/24/2019. Acts 1985, No. 683, § 9; A.S.A. 1947, § 73-1830.

(a) The telephone number 911 is restricted to emergency calls that may result in dispatch of the appropriate response service for fire suppression and rescue, emergency medical services or ambulance, hazardous material incidents, disaster or major emergency occurrences, and law enforcement activities.

(b) Any person calling the telephone number 911 for the purpose of making a false alarm or complaint or reporting false information that could result in the emergency dispatch of any public safety agency upon conviction is guilty of a Class A misdemeanor.

(c) Each public safety answering point and dispatch center will maintain a published nonemergency telephone number, and nonemergency calls should be received on that number.

(d) Transfers of calls from 911 trunks to nonemergency numbers are discouraged because that ties up 911 trunks and may interfere with true emergency calls.

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

Acts 1985, No. 683, § 9; A.S.A. 1947, § 73-1830.
Ark. Code Ann. § 12-12-1703 — AR Code / Title 12 / Chapter 12 / Subchapter 17 / Section 12-12-1703
Definitions
Status: in_force

As used in this subchapter: (1) (A) "Abuse" means with regard to any long-term care facility resident or any patient at the Arkansas State Hospital by a caregiver: (i) Any intentional and unnecessary physical act that inflicts pain on or causes injury to an endangered person or an impaired person, excluding court-ordered medical care or medical care requested by the patient or long-term care facility resident or a person legally authorized to make medical decisions on behalf of the patient or long-term care facility resident; (ii) Any intentional act that a reasonable person would believe subjects an endangered person or an impaired person, regardless of age, ability to comprehend, or disability, to ridicule or psychological injury in a manner likely to provoke fear or alarm, excluding necessary care and treatment provided in accordance with generally recognized professional standards of care; (iii) Any intentional threat that a reasonable person would find credible and nonfrivolous to inflict pain on or cause injury to an endangered person or an impaired person except in the course of medical treatment or for justifiable cause; or (iv) Any willful infliction of injury, unreasonable confinement, intimidation, or punishment with resulting physical harm, pain, or mental anguish. (B) "Abuse" means with regard to any person who is not a long-term care facility resident or a patient at the Arkansas State Hospital: (i) Any intentional and unnecessary physical act that inflicts pain on or causes injury to an endangered person or an impaired person; (ii) Any intentional act that a reasonable person would believe subjects an endangered person or an impaired person, regardless of age, ability to comprehend, or disability, to ridicule or psychological injury in a manner likely to provoke fear or alarm; or (iii) Any intentional threat that a reasonable person would find credible and nonfrivolous to inflict pain on or cause injury to an endangered person or an impaired person except in the course of medical treatment or for justifiable cause; (2) "Adult maltreatment" means abuse, exploitation, neglect, or sexual abuse of an adult; (3) "Board and care facility" means the same as defined in § 5-28-101 ; (4) "Caregiver" means any of the following that has the responsibility for the protection, care, or custody of an endangered person or an impaired person as a result of assuming the responsibility voluntarily, by contract, through employment, or by order of a court: (A) A related person or an unrelated person; (B) An owner, an agent, or a high managerial agent of a public or private organization; or (C) A public or private organization; (5) "Department" means the Department of Human Services; (6) "Endangered person" means: (A) A person eighteen (18) years of age or older who: (i) Is found to be in a situation or condition that poses a danger to himself or herself; and (ii) Demonstrates a lack of capacity to comprehend the nature and consequences of remaining in that situation or condition; or (B) A long-term care facility resident or an Arkansas State Hospital resident who: (i) Is found to be in a situation or condition that poses an imminent risk of death or serious bodily harm to the long-term care facility resident; and (ii) Demonstrates a lack of capacity to comprehend the nature and consequences of remaining in that situation or condition; (7) "Exploitation" means the: (A) Illegal or unauthorized use or management of an endangered person's or an impaired person's funds, assets, or property; (B) Use of an adult endangered person's or an adult impaired person's power of attorney or guardianship for the profit or advantage of one's own self or another; (C) The fraudulent or otherwise illegal, unauthorized, or improper act or process of a person, including a caregiver or fiduciary, that uses the resources of an endangered person, impaired person, or long-term care facility resident for monetary or personal benefit, profit, or gain, or that results in depriving the endangered person, impaired person, or long-term care facility resident of rightful access to or use of benefits, resources, belongings, or assets; or (D) Misappropriation of property of a long-term care facility resident, that is, the deliberate misplacement, exploitation, or wrongful, temporary, or permanent use of a long-term care facility resident's belongings or money without the long-term care facility resident's consent; (8) (A) "Fiduciary" means a person or entity with the legal responsibility to: (i) Make decisions on behalf of and for the benefit of another person; and (ii) Act in good faith and with fairness. (B) "Fiduciary" includes without limitation: (i) A trustee; (ii) A guardian; (iii) A conservator; (iv) An executor; (v) An agent under financial power of attorney or healthcare power of attorney; or (vi) A representative payee; (9) "Imminent danger to health or safety" means a situation in which death or serious bodily harm could reasonably be expected to occur without intervention; (10) (A) "Impaired person" means a person: (i) Eighteen (18) years of age or older who as a result of mental or physical impairment is unable to protect himself or herself from abuse, sexual abuse, neglect, or exploitation; or (ii) Who is a long-term care facility resident and who as a result of mental or physical impairment is unable to protect himself or herself from abuse, sexual abuse, neglect, or exploitation. (B) For purposes of this subchapter, a long-term care facility resident is presumed to be an impaired person. (C) For purposes of this subchapter, a person who has a representative payee appointed for the person by the Social Security Administration or another authorized agency is presumed to be an impaired person in relation to adult maltreatment through financial exploitation; (11) "Impairment" means a disability that grossly and chronically diminishes a person's physical or mental ability to live independently or provide self-care as determined through observation, diagnosis, evaluation, or assessment; (12) "Long-term care facility" means: (A) A nursing home; (B) A residential care facility; (C) A post-acute head injury retraining and residential facility; (D) An assisted living facility; (E) An intermediate care facility for individuals with intellectual disabilities; or (F) Any facility that provides long-term medical or personal care; (13) "Long-term care facility resident" means a person, regardless of age, living in a long-term care facility; (14) "Long-term care facility resident maltreatment" means abuse, exploitation, neglect, or sexual abuse of a long-term care facility resident; (15) "Maltreated adult" means an adult who has been abused, exploited, neglected, physically abused, or sexually abused; (16) "Maltreated person" means a person, regardless of age, who has been abused, exploited, neglected, physically abused, or sexually abused; (17) "Neglect" means: (A) An act or omission by an endangered person or an impaired person, for example, self-neglect; or (B) An act or omission by a caregiver responsible for the care and supervision of an endangered person or an impaired person constituting: (i) Negligently failing to provide necessary treatment, rehabilitation, care, food, clothing, shelter, supervision, or medical services to an endangered person or an impaired person; (ii) Negligently failing to report health problems or changes in health problems or changes in the health condition of an endangered person or an impaired person to the appropriate medical personnel; (iii) Negligently failing to carry out a treatment plan developed or implemented by the facility; or (iv) Negligently failing to provide goods or services to a long-term care facility resident necessary to avoid physical harm, mental anguish, or mental illness; (18) "Negligently" means a person's failure to exercise the degree of care that a person of ordinary prudence would have exercised in the same circumstances; (19) (A) "Physical injury" means the impairment of a physical condition or the infliction of substantial pain on a person. (B) If the person is an endangered person or an impaired person, there is a presumption that any physical injury resulted in the infliction of substantial pain; (20) "Serious bodily harm" means sexual abuse, physical injury, or serious physical injury; (21) "Serious physical injury" means physical injury to an endangered person or an impaired person that creates a substantial risk of death or that causes protracted disfigurement, protracted impairment of health, or loss or protracted impairment of the function of any bodily member or organ; (22) "Sexual abuse" means deviate sexual activity, sexual contact, or sexual intercourse, as those terms are defined in § 5-14-101 , with another person who is not the actor's spouse and who is incapable of consent because he or she is mentally defective, mentally incapacitated, or physically helpless; and (23) "Subject of the report" means: (A) The endangered person or impaired person; (B) The adult's legal guardian; (C) The natural or legal guardian of a long-term care facility resident under eighteen (18) years of age; and (D) The offender. Amended by Act 2021, No. 617,§ 3, eff. 7/28/2021. Amended by Act 2017, No. 579,§ 5, eff. 8/1/2017. Amended by Act 2015, No. 1214,§ 4, eff. 7/22/2015. Amended by Act 2015, No. 1214,§ 3, eff. 7/22/2015. Amended by Act 2013, No. 584,§ 2, eff. 8/16/2013. Amended by Act 2013, No. 584,§ 1, eff. 8/16/2013. Acts 2005, No. 1812, § 1; 2007, No. 283, § 7; 2007, No. 497, § 4; 2009, No. 165, §§ 9, 10; 2009, No. 525, § 1; 2011, No. 206, § 7.

As used in this subchapter:

(1) (A) "Abuse" means with regard to any long-term care facility resident or any patient at the Arkansas State Hospital by a caregiver: (i) Any intentional and unnecessary physical act that inflicts pain on or causes injury to an endangered person or an impaired person, excluding court-ordered medical care or medical care requested by the patient or long-term care facility resident or a person legally authorized to make medical decisions on behalf of the patient or long-term care facility resident; (ii) Any intentional act that a reasonable person would believe subjects an endangered person or an impaired person, regardless of age, ability to comprehend, or disability, to ridicule or psychological injury in a manner likely to provoke fear or alarm, excluding necessary care and treatment provided in accordance with generally recognized professional standards of care; (iii) Any intentional threat that a reasonable person would find credible and nonfrivolous to inflict pain on or cause injury to an endangered person or an impaired person except in the course of medical treatment or for justifiable cause; or (iv) Any willful infliction of injury, unreasonable confinement, intimidation, or punishment with resulting physical harm, pain, or mental anguish. (B) "Abuse" means with regard to any person who is not a long-term care facility resident or a patient at the Arkansas State Hospital: (i) Any intentional and unnecessary physical act that inflicts pain on or causes injury to an endangered person or an impaired person; (ii) Any intentional act that a reasonable person would believe subjects an endangered person or an impaired person, regardless of age, ability to comprehend, or disability, to ridicule or psychological injury in a manner likely to provoke fear or alarm; or (iii) Any intentional threat that a reasonable person would find credible and nonfrivolous to inflict pain on or cause injury to an endangered person or an impaired person except in the course of medical treatment or for justifiable cause;

(A) "Abuse" means with regard to any long-term care facility resident or any patient at the Arkansas State Hospital by a caregiver: (i) Any intentional and unnecessary physical act that inflicts pain on or causes injury to an endangered person or an impaired person, excluding court-ordered medical care or medical care requested by the patient or long-term care facility resident or a person legally authorized to make medical decisions on behalf of the patient or long-term care facility resident; (ii) Any intentional act that a reasonable person would believe subjects an endangered person or an impaired person, regardless of age, ability to comprehend, or disability, to ridicule or psychological injury in a manner likely to provoke fear or alarm, excluding necessary care and treatment provided in accordance with generally recognized professional standards of care; (iii) Any intentional threat that a reasonable person would find credible and nonfrivolous to inflict pain on or cause injury to an endangered person or an impaired person except in the course of medical treatment or for justifiable cause; or (iv) Any willful infliction of injury, unreasonable confinement, intimidation, or punishment with resulting physical harm, pain, or mental anguish.

(i) Any intentional and unnecessary physical act that inflicts pain on or causes injury to an endangered person or an impaired person, excluding court-ordered medical care or medical care requested by the patient or long-term care facility resident or a person legally authorized to make medical decisions on behalf of the patient or long-term care facility resident;

(ii) Any intentional act that a reasonable person would believe subjects an endangered person or an impaired person, regardless of age, ability to comprehend, or disability, to ridicule or psychological injury in a manner likely to provoke fear or alarm, excluding necessary care and treatment provided in accordance with generally recognized professional standards of care;

(iii) Any intentional threat that a reasonable person would find credible and nonfrivolous to inflict pain on or cause injury to an endangered person or an impaired person except in the course of medical treatment or for justifiable cause; or

(iv) Any willful infliction of injury, unreasonable confinement, intimidation, or punishment with resulting physical harm, pain, or mental anguish.

(B) "Abuse" means with regard to any person who is not a long-term care facility resident or a patient at the Arkansas State Hospital: (i) Any intentional and unnecessary physical act that inflicts pain on or causes injury to an endangered person or an impaired person; (ii) Any intentional act that a reasonable person would believe subjects an endangered person or an impaired person, regardless of age, ability to comprehend, or disability, to ridicule or psychological injury in a manner likely to provoke fear or alarm; or (iii) Any intentional threat that a reasonable person would find credible and nonfrivolous to inflict pain on or cause injury to an endangered person or an impaired person except in the course of medical treatment or for justifiable cause;

(i) Any intentional and unnecessary physical act that inflicts pain on or causes injury to an endangered person or an impaired person;

(ii) Any intentional act that a reasonable person would believe subjects an endangered person or an impaired person, regardless of age, ability to comprehend, or disability, to ridicule or psychological injury in a manner likely to provoke fear or alarm; or

(iii) Any intentional threat that a reasonable person would find credible and nonfrivolous to inflict pain on or cause injury to an endangered person or an impaired person except in the course of medical treatment or for justifiable cause;

(2) "Adult maltreatment" means abuse, exploitation, neglect, or sexual abuse of an adult;

(3) "Board and care facility" means the same as defined in § 5-28-101 ;

(4) "Caregiver" means any of the following that has the responsibility for the protection, care, or custody of an endangered person or an impaired person as a result of assuming the responsibility voluntarily, by contract, through employment, or by order of a court: (A) A related person or an unrelated person; (B) An owner, an agent, or a high managerial agent of a public or private organization; or (C) A public or private organization;

(A) A related person or an unrelated person;

(B) An owner, an agent, or a high managerial agent of a public or private organization; or

(C) A public or private organization;

(5) "Department" means the Department of Human Services;

(6) "Endangered person" means: (A) A person eighteen (18) years of age or older who: (i) Is found to be in a situation or condition that poses a danger to himself or herself; and (ii) Demonstrates a lack of capacity to comprehend the nature and consequences of remaining in that situation or condition; or (B) A long-term care facility resident or an Arkansas State Hospital resident who: (i) Is found to be in a situation or condition that poses an imminent risk of death or serious bodily harm to the long-term care facility resident; and (ii) Demonstrates a lack of capacity to comprehend the nature and consequences of remaining in that situation or condition;

(A) A person eighteen (18) years of age or older who: (i) Is found to be in a situation or condition that poses a danger to himself or herself; and (ii) Demonstrates a lack of capacity to comprehend the nature and consequences of remaining in that situation or condition; or

(i) Is found to be in a situation or condition that poses a danger to himself or herself; and

(ii) Demonstrates a lack of capacity to comprehend the nature and consequences of remaining in that situation or condition; or

(B) A long-term care facility resident or an Arkansas State Hospital resident who: (i) Is found to be in a situation or condition that poses an imminent risk of death or serious bodily harm to the long-term care facility resident; and (ii) Demonstrates a lack of capacity to comprehend the nature and consequences of remaining in that situation or condition;

(i) Is found to be in a situation or condition that poses an imminent risk of death or serious bodily harm to the long-term care facility resident; and

(ii) Demonstrates a lack of capacity to comprehend the nature and consequences of remaining in that situation or condition;

(7) "Exploitation" means the: (A) Illegal or unauthorized use or management of an endangered person's or an impaired person's funds, assets, or property; (B) Use of an adult endangered person's or an adult impaired person's power of attorney or guardianship for the profit or advantage of one's own self or another; (C) The fraudulent or otherwise illegal, unauthorized, or improper act or process of a person, including a caregiver or fiduciary, that uses the resources of an endangered person, impaired person, or long-term care facility resident for monetary or personal benefit, profit, or gain, or that results in depriving the endangered person, impaired person, or long-term care facility resident of rightful access to or use of benefits, resources, belongings, or assets; or (D) Misappropriation of property of a long-term care facility resident, that is, the deliberate misplacement, exploitation, or wrongful, temporary, or permanent use of a long-term care facility resident's belongings or money without the long-term care facility resident's consent;

(A) Illegal or unauthorized use or management of an endangered person's or an impaired person's funds, assets, or property;

(B) Use of an adult endangered person's or an adult impaired person's power of attorney or guardianship for the profit or advantage of one's own self or another;

(C) The fraudulent or otherwise illegal, unauthorized, or improper act or process of a person, including a caregiver or fiduciary, that uses the resources of an endangered person, impaired person, or long-term care facility resident for monetary or personal benefit, profit, or gain, or that results in depriving the endangered person, impaired person, or long-term care facility resident of rightful access to or use of benefits, resources, belongings, or assets; or

(D) Misappropriation of property of a long-term care facility resident, that is, the deliberate misplacement, exploitation, or wrongful, temporary, or permanent use of a long-term care facility resident's belongings or money without the long-term care facility resident's consent;

(8) (A) "Fiduciary" means a person or entity with the legal responsibility to: (i) Make decisions on behalf of and for the benefit of another person; and (ii) Act in good faith and with fairness. (B) "Fiduciary" includes without limitation: (i) A trustee; (ii) A guardian; (iii) A conservator; (iv) An executor; (v) An agent under financial power of attorney or healthcare power of attorney; or (vi) A representative payee;

(A) "Fiduciary" means a person or entity with the legal responsibility to: (i) Make decisions on behalf of and for the benefit of another person; and (ii) Act in good faith and with fairness.

(i) Make decisions on behalf of and for the benefit of another person; and

(ii) Act in good faith and with fairness.

(B) "Fiduciary" includes without limitation: (i) A trustee; (ii) A guardian; (iii) A conservator; (iv) An executor; (v) An agent under financial power of attorney or healthcare power of attorney; or (vi) A representative payee;

(i) A trustee;

(ii) A guardian;

(iii) A conservator;

(iv) An executor;

(v) An agent under financial power of attorney or healthcare power of attorney; or

(vi) A representative payee;

(9) "Imminent danger to health or safety" means a situation in which death or serious bodily harm could reasonably be expected to occur without intervention;

(10) (A) "Impaired person" means a person: (i) Eighteen (18) years of age or older who as a result of mental or physical impairment is unable to protect himself or herself from abuse, sexual abuse, neglect, or exploitation; or (ii) Who is a long-term care facility resident and who as a result of mental or physical impairment is unable to protect himself or herself from abuse, sexual abuse, neglect, or exploitation. (B) For purposes of this subchapter, a long-term care facility resident is presumed to be an impaired person. (C) For purposes of this subchapter, a person who has a representative payee appointed for the person by the Social Security Administration or another authorized agency is presumed to be an impaired person in relation to adult maltreatment through financial exploitation;

(A) "Impaired person" means a person: (i) Eighteen (18) years of age or older who as a result of mental or physical impairment is unable to protect himself or herself from abuse, sexual abuse, neglect, or exploitation; or (ii) Who is a long-term care facility resident and who as a result of mental or physical impairment is unable to protect himself or herself from abuse, sexual abuse, neglect, or exploitation.

(i) Eighteen (18) years of age or older who as a result of mental or physical impairment is unable to protect himself or herself from abuse, sexual abuse, neglect, or exploitation; or

(ii) Who is a long-term care facility resident and who as a result of mental or physical impairment is unable to protect himself or herself from abuse, sexual abuse, neglect, or exploitation.

(B) For purposes of this subchapter, a long-term care facility resident is presumed to be an impaired person.

(C) For purposes of this subchapter, a person who has a representative payee appointed for the person by the Social Security Administration or another authorized agency is presumed to be an impaired person in relation to adult maltreatment through financial exploitation;

(11) "Impairment" means a disability that grossly and chronically diminishes a person's physical or mental ability to live independently or provide self-care as determined through observation, diagnosis, evaluation, or assessment;

(12) "Long-term care facility" means: (A) A nursing home; (B) A residential care facility; (C) A post-acute head injury retraining and residential facility; (D) An assisted living facility; (E) An intermediate care facility for individuals with intellectual disabilities; or (F) Any facility that provides long-term medical or personal care;

(A) A nursing home;

(B) A residential care facility;

(C) A post-acute head injury retraining and residential facility;

(D) An assisted living facility;

(E) An intermediate care facility for individuals with intellectual disabilities; or

(F) Any facility that provides long-term medical or personal care;

(13) "Long-term care facility resident" means a person, regardless of age, living in a long-term care facility;

(14) "Long-term care facility resident maltreatment" means abuse, exploitation, neglect, or sexual abuse of a long-term care facility resident;

(15) "Maltreated adult" means an adult who has been abused, exploited, neglected, physically abused, or sexually abused;

(16) "Maltreated person" means a person, regardless of age, who has been abused, exploited, neglected, physically abused, or sexually abused;

(17) "Neglect" means: (A) An act or omission by an endangered person or an impaired person, for example, self-neglect; or (B) An act or omission by a caregiver responsible for the care and supervision of an endangered person or an impaired person constituting: (i) Negligently failing to provide necessary treatment, rehabilitation, care, food, clothing, shelter, supervision, or medical services to an endangered person or an impaired person; (ii) Negligently failing to report health problems or changes in health problems or changes in the health condition of an endangered person or an impaired person to the appropriate medical personnel; (iii) Negligently failing to carry out a treatment plan developed or implemented by the facility; or (iv) Negligently failing to provide goods or services to a long-term care facility resident necessary to avoid physical harm, mental anguish, or mental illness;

(A) An act or omission by an endangered person or an impaired person, for example, self-neglect; or

(B) An act or omission by a caregiver responsible for the care and supervision of an endangered person or an impaired person constituting: (i) Negligently failing to provide necessary treatment, rehabilitation, care, food, clothing, shelter, supervision, or medical services to an endangered person or an impaired person; (ii) Negligently failing to report health problems or changes in health problems or changes in the health condition of an endangered person or an impaired person to the appropriate medical personnel; (iii) Negligently failing to carry out a treatment plan developed or implemented by the facility; or (iv) Negligently failing to provide goods or services to a long-term care facility resident necessary to avoid physical harm, mental anguish, or mental illness;

(i) Negligently failing to provide necessary treatment, rehabilitation, care, food, clothing, shelter, supervision, or medical services to an endangered person or an impaired person;

(ii) Negligently failing to report health problems or changes in health problems or changes in the health condition of an endangered person or an impaired person to the appropriate medical personnel;

(iii) Negligently failing to carry out a treatment plan developed or implemented by the facility; or

(iv) Negligently failing to provide goods or services to a long-term care facility resident necessary to avoid physical harm, mental anguish, or mental illness;

(18) "Negligently" means a person's failure to exercise the degree of care that a person of ordinary prudence would have exercised in the same circumstances;

(19) (A) "Physical injury" means the impairment of a physical condition or the infliction of substantial pain on a person. (B) If the person is an endangered person or an impaired person, there is a presumption that any physical injury resulted in the infliction of substantial pain;

(A) "Physical injury" means the impairment of a physical condition or the infliction of substantial pain on a person.

(B) If the person is an endangered person or an impaired person, there is a presumption that any physical injury resulted in the infliction of substantial pain;

(20) "Serious bodily harm" means sexual abuse, physical injury, or serious physical injury;

(21) "Serious physical injury" means physical injury to an endangered person or an impaired person that creates a substantial risk of death or that causes protracted disfigurement, protracted impairment of health, or loss or protracted impairment of the function of any bodily member or organ;

(22) "Sexual abuse" means deviate sexual activity, sexual contact, or sexual intercourse, as those terms are defined in § 5-14-101 , with another person who is not the actor's spouse and who is incapable of consent because he or she is mentally defective, mentally incapacitated, or physically helpless; and

(23) "Subject of the report" means: (A) The endangered person or impaired person; (B) The adult's legal guardian; (C) The natural or legal guardian of a long-term care facility resident under eighteen (18) years of age; and (D) The offender.

(A) The endangered person or impaired person;

(B) The adult's legal guardian;

(C) The natural or legal guardian of a long-term care facility resident under eighteen (18) years of age; and

(D) The offender.

Amended by Act 2021, No. 617,§ 3, eff. 7/28/2021.

Amended by Act 2017, No. 579,§ 5, eff. 8/1/2017.

Amended by Act 2015, No. 1214,§ 4, eff. 7/22/2015.

Amended by Act 2015, No. 1214,§ 3, eff. 7/22/2015.

Amended by Act 2013, No. 584,§ 2, eff. 8/16/2013.

Amended by Act 2013, No. 584,§ 1, eff. 8/16/2013.

Acts 2005, No. 1812, § 1; 2007, No. 283, § 7; 2007, No. 497, § 4; 2009, No. 165, §§ 9, 10; 2009, No. 525, § 1; 2011, No. 206, § 7.
Ark. Code Ann. § 12-75-112 — AR Code / Title 12 / Chapter 75 / Subchapter 1 / Section 12-75-112
Communications networks
Status: in_force

(a) The Division of Emergency Management shall operate and maintain information systems which will make available both voice and data links with federal agencies, other states, and state agencies as are assigned an emergency management role in the state emergency operations plan and local offices of emergency management. (b) In addition to the minimum requirements of subsection (a) of this section, additional information systems networks may be established as deemed necessary by the Director of the Division of Emergency Management. Amended by Act 2019, No. 910,§ 5880, eff. 7/1/2019. Acts 1973, No. 511, § 5; 1977, No. 408, § 1; 1985, No. 687, § 4; 1985, No. 978, § 4; A.S.A. 1947, § 11-1938; Acts 1999, No. 646, § 18; 2007, No. 197, § 9; 2009, No. 165, § 36.

(a) The Division of Emergency Management shall operate and maintain information systems which will make available both voice and data links with federal agencies, other states, and state agencies as are assigned an emergency management role in the state emergency operations plan and local offices of emergency management.

(b) In addition to the minimum requirements of subsection (a) of this section, additional information systems networks may be established as deemed necessary by the Director of the Division of Emergency Management.

Amended by Act 2019, No. 910,§ 5880, eff. 7/1/2019.

Acts 1973, No. 511, § 5; 1977, No. 408, § 1; 1985, No. 687, § 4; 1985, No. 978, § 4; A.S.A. 1947, § 11-1938; Acts 1999, No. 646, § 18; 2007, No. 197, § 9; 2009, No. 165, § 36.
Ark. Code Ann. § 12-62-701 — AR Code / Title 12 / Chapter 62 / Subchapter 7 / Section 12-62-701
Title
Status: in_force

This subchapter may be referred to as the Arkansas Soldiers' and Airmen's Civil Relief Act. Acts 2003, No. 1003, § 1.

This subchapter may be referred to as the Arkansas Soldiers' and Airmen's Civil Relief Act.

Acts 2003, No. 1003, § 1.
Ark. Code Ann. § 12-9-302 — AR Code / Title 12 / Chapter 9 / Subchapter 3 / Section 12-9-302
Arkansas Commission on Law Enforcement Standards and Training - Powers and duties
Status: in_force

In addition to the powers conferred upon the Arkansas Commission on Law Enforcement Standards and Training in §§ 12-9-104 - 12-9-107 , the commission shall have power to: (1) Promulgate rules for the administration of this subchapter; (2) Require the submission of reports and information by law enforcement agencies within this state; (3) (A) Establish minimum selection and training standards for admission to appointment as an auxiliary law enforcement officer. The standards may take into account different requirements for urban and rural areas. (B) However, the minimum selection and training standards for admission to appointment may not exceed those required for part-time law enforcement officers; (4) Establish minimum curriculum requirements for preparatory, in-service, and advanced courses and programs of schools operated by and for the training of auxiliary law enforcement officers; (5) Consult and cooperate with counties, municipalities, agencies of this state, other governmental agencies, and with universities, colleges, junior colleges, community colleges, and other institutions or organizations concerning the development of police training schools and programs or courses of instruction; (6) Approve institutions and facilities to be used by or for the state or any political subdivision thereof for the specific purpose of training law enforcement officers and recruits; (7) Exclude auxiliary law enforcement officers from the full-time basic training classes sponsored and supported by the commission; (8) Adopt rules and minimum standards for such schools which shall include, but not be limited to, establishing minimum: (A) Basic training requirements which an auxiliary law enforcement officer must satisfactorily complete before being eligible for appointment; (B) Course attendance and equipment requirements; and (C) Requirements for instructors; (9) Conduct review of agency records to assist any department head in complying with the provisions of this subchapter; (10) Adopt and amend bylaws, consistent with law, for its internal management and control; and (11) Enter into contracts or do such things as may be necessary and incidental to the administration of this subchapter. Amended by Act 2019, No. 315,§ 854, eff. 7/24/2019. Amended by Act 2017, No. 497,§ 17, eff. 8/1/2017. Acts 1983, No. 757, § 2; A.S.A. 1947, § 42-1402.

In addition to the powers conferred upon the Arkansas Commission on Law Enforcement Standards and Training in §§ 12-9-104 - 12-9-107 , the commission shall have power to:

(1) Promulgate rules for the administration of this subchapter;

(2) Require the submission of reports and information by law enforcement agencies within this state;

(3) (A) Establish minimum selection and training standards for admission to appointment as an auxiliary law enforcement officer. The standards may take into account different requirements for urban and rural areas. (B) However, the minimum selection and training standards for admission to appointment may not exceed those required for part-time law enforcement officers;

(A) Establish minimum selection and training standards for admission to appointment as an auxiliary law enforcement officer. The standards may take into account different requirements for urban and rural areas.

(B) However, the minimum selection and training standards for admission to appointment may not exceed those required for part-time law enforcement officers;

(4) Establish minimum curriculum requirements for preparatory, in-service, and advanced courses and programs of schools operated by and for the training of auxiliary law enforcement officers;

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

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

(7) Exclude auxiliary law enforcement officers from the full-time basic training classes sponsored and supported by the commission;

(8) Adopt rules and minimum standards for such schools which shall include, but not be limited to, establishing minimum: (A) Basic training requirements which an auxiliary law enforcement officer must satisfactorily complete before being eligible for appointment; (B) Course attendance and equipment requirements; and (C) Requirements for instructors;

(A) Basic training requirements which an auxiliary law enforcement officer must satisfactorily complete before being eligible for appointment;

(B) Course attendance and equipment requirements; and

(C) Requirements for instructors;

(9) Conduct review of agency records to assist any department head in complying with the provisions of this subchapter;

(10) Adopt and amend bylaws, consistent with law, for its internal management and control; and

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

Amended by Act 2019, No. 315,§ 854, eff. 7/24/2019.

Amended by Act 2017, No. 497,§ 17, eff. 8/1/2017.

Acts 1983, No. 757, § 2; A.S.A. 1947, § 42-1402.
Ark. Code Ann. § 12-63-102 — AR Code / Title 12 / Chapter 63 / Subchapter 1 / Section 12-63-102
Legislative findings of fact
Status: in_force

(a) (1) The United States Congress has directed the United States Army to close certain military training posts. Fort Chaffee will be operated by the Adjutant General as a reserve component military training facility. Other agencies, departments, and political subdivisions of the United States or the State of Arkansas will or have indicated an interest to acquire or occupy portions of Fort Chaffee that are not needed for military purposes. (2) The Adjutant General is best suited to act as the executive agent of the state to negotiate with the Secretary of the Army and the various tenant agencies for the orderly administration of Fort Chaffee. (b) It is necessary for the state to amend certain laws concerning military reservations and to authorize particular activities on Fort Chaffee in order to facilitate administration and operation of Fort Chaffee as a military reservation. Acts 1997, No. 1201, § 1.

(a) (1) The United States Congress has directed the United States Army to close certain military training posts. Fort Chaffee will be operated by the Adjutant General as a reserve component military training facility. Other agencies, departments, and political subdivisions of the United States or the State of Arkansas will or have indicated an interest to acquire or occupy portions of Fort Chaffee that are not needed for military purposes. (2) The Adjutant General is best suited to act as the executive agent of the state to negotiate with the Secretary of the Army and the various tenant agencies for the orderly administration of Fort Chaffee.

(1) The United States Congress has directed the United States Army to close certain military training posts. Fort Chaffee will be operated by the Adjutant General as a reserve component military training facility. Other agencies, departments, and political subdivisions of the United States or the State of Arkansas will or have indicated an interest to acquire or occupy portions of Fort Chaffee that are not needed for military purposes.

(2) The Adjutant General is best suited to act as the executive agent of the state to negotiate with the Secretary of the Army and the various tenant agencies for the orderly administration of Fort Chaffee.

(b) It is necessary for the state to amend certain laws concerning military reservations and to authorize particular activities on Fort Chaffee in order to facilitate administration and operation of Fort Chaffee as a military reservation.

Acts 1997, No. 1201, § 1.
Ark. Code Ann. § 12-75-108 — AR Code / Title 12 / Chapter 75 / Subchapter 1 / Section 12-75-108
Local disaster emergencies - Declaration
Status: in_force

(a) (1) A local disaster emergency may be declared only by the chief executive or his or her designee of a political subdivision. (2) If time is critical because of a rapidly occurring disaster emergency event, the chief executive verbally may declare a local disaster emergency for immediate response and recovery purposes until the formalities of a written declaration can be completed in the prescribed manner. (3) A declaration of a local disaster emergency shall not be continued or renewed for a period in excess of one hundred twenty (120) days except by or with the consent of the governing body of the political subdivision. (4) Any order or proclamation declaring, continuing, or terminating a local disaster emergency shall be given prompt and general publicity and shall be filed promptly with the city or county clerk, as applicable. (b) (1) The effect of a declaration of a local disaster emergency is to activate the response and recovery aspects of any and all applicable local or interjurisdictional disaster emergency plans, to authorize the furnishing of aid and assistance thereunder, and to initiate emergency management functions under this chapter. (2) (A) In addition to other powers conferred on the chief executive declaring a local disaster emergency, the chief executive may suspend the provisions of any local regulatory ordinances or regulations for up to thirty (30) days if strict compliance with the ordinance provisions would prevent, hinder, or delay necessary actions to cope with the disaster emergency. (B) Local regulatory ordinances include, but are not limited to: (i) Zoning ordinances; (ii) Subdivision regulations; (iii) Regulations controlling the development of land; (iv) Building codes; (v) Fire prevention codes; (vi) Sanitation codes; (vii) Sewer ordinances; (viii) Historic district ordinances; and (ix) Any other regulatory type ordinances. (c) (1) An interjurisdictional office of emergency management or official of an interjurisdictional office of emergency management shall not declare a local disaster emergency unless expressly authorized by the interjurisdictional agreement under which the interjurisdictional office of emergency management functions. (2) However, an interjurisdictional office of emergency management shall provide aid and services in accordance with the interjurisdictional agreement under which it functions. (d) If a county judge uses county labor and equipment on private property to provide services that are required as a result of the natural disaster, the county judge shall notify the owner of the private property by any possible method as soon as practicable of: (1) The amount of private property necessary to provide services; (2) The nature of labor and equipment to be used on the private property; (3) The estimated amount of time the private property will be used to provide services; and (4) (A) The estimated amount of compensation the county will provide to the owner of the private property as a result of damage to the private property caused by the county. (B) Within sixty (60) days from the removal of county labor and equipment from the private property, the county shall compensate the owner of the private property for reasonable damage to the property. Amended by Act 2013, No. 973,§ 1, eff. 8/16/2013. Amended by Act 2013, No. 169,§ 1, eff. 2/26/2013. Acts 1973, No. 511, § 13; A.S.A. 1947, § 11-1946; Acts 2001, No. 568, § 1; No. 1278, § 2; 2007, No. 197, § 5; No. 465, § 2; 2009, No. 165, §§ 29, 30.

(a) (1) A local disaster emergency may be declared only by the chief executive or his or her designee of a political subdivision. (2) If time is critical because of a rapidly occurring disaster emergency event, the chief executive verbally may declare a local disaster emergency for immediate response and recovery purposes until the formalities of a written declaration can be completed in the prescribed manner. (3) A declaration of a local disaster emergency shall not be continued or renewed for a period in excess of one hundred twenty (120) days except by or with the consent of the governing body of the political subdivision. (4) Any order or proclamation declaring, continuing, or terminating a local disaster emergency shall be given prompt and general publicity and shall be filed promptly with the city or county clerk, as applicable.

(1) A local disaster emergency may be declared only by the chief executive or his or her designee of a political subdivision.

(2) If time is critical because of a rapidly occurring disaster emergency event, the chief executive verbally may declare a local disaster emergency for immediate response and recovery purposes until the formalities of a written declaration can be completed in the prescribed manner.

(3) A declaration of a local disaster emergency shall not be continued or renewed for a period in excess of one hundred twenty (120) days except by or with the consent of the governing body of the political subdivision.

(4) Any order or proclamation declaring, continuing, or terminating a local disaster emergency shall be given prompt and general publicity and shall be filed promptly with the city or county clerk, as applicable.

(b) (1) The effect of a declaration of a local disaster emergency is to activate the response and recovery aspects of any and all applicable local or interjurisdictional disaster emergency plans, to authorize the furnishing of aid and assistance thereunder, and to initiate emergency management functions under this chapter. (2) (A) In addition to other powers conferred on the chief executive declaring a local disaster emergency, the chief executive may suspend the provisions of any local regulatory ordinances or regulations for up to thirty (30) days if strict compliance with the ordinance provisions would prevent, hinder, or delay necessary actions to cope with the disaster emergency. (B) Local regulatory ordinances include, but are not limited to: (i) Zoning ordinances; (ii) Subdivision regulations; (iii) Regulations controlling the development of land; (iv) Building codes; (v) Fire prevention codes; (vi) Sanitation codes; (vii) Sewer ordinances; (viii) Historic district ordinances; and (ix) Any other regulatory type ordinances.

(1) The effect of a declaration of a local disaster emergency is to activate the response and recovery aspects of any and all applicable local or interjurisdictional disaster emergency plans, to authorize the furnishing of aid and assistance thereunder, and to initiate emergency management functions under this chapter.

(2) (A) In addition to other powers conferred on the chief executive declaring a local disaster emergency, the chief executive may suspend the provisions of any local regulatory ordinances or regulations for up to thirty (30) days if strict compliance with the ordinance provisions would prevent, hinder, or delay necessary actions to cope with the disaster emergency. (B) Local regulatory ordinances include, but are not limited to: (i) Zoning ordinances; (ii) Subdivision regulations; (iii) Regulations controlling the development of land; (iv) Building codes; (v) Fire prevention codes; (vi) Sanitation codes; (vii) Sewer ordinances; (viii) Historic district ordinances; and (ix) Any other regulatory type ordinances.

(A) In addition to other powers conferred on the chief executive declaring a local disaster emergency, the chief executive may suspend the provisions of any local regulatory ordinances or regulations for up to thirty (30) days if strict compliance with the ordinance provisions would prevent, hinder, or delay necessary actions to cope with the disaster emergency.

(B) Local regulatory ordinances include, but are not limited to: (i) Zoning ordinances; (ii) Subdivision regulations; (iii) Regulations controlling the development of land; (iv) Building codes; (v) Fire prevention codes; (vi) Sanitation codes; (vii) Sewer ordinances; (viii) Historic district ordinances; and (ix) Any other regulatory type ordinances.

(i) Zoning ordinances;

(ii) Subdivision regulations;

(iii) Regulations controlling the development of land;

(iv) Building codes;

(v) Fire prevention codes;

(vi) Sanitation codes;

(vii) Sewer ordinances;

(viii) Historic district ordinances; and

(ix) Any other regulatory type ordinances.

(c) (1) An interjurisdictional office of emergency management or official of an interjurisdictional office of emergency management shall not declare a local disaster emergency unless expressly authorized by the interjurisdictional agreement under which the interjurisdictional office of emergency management functions. (2) However, an interjurisdictional office of emergency management shall provide aid and services in accordance with the interjurisdictional agreement under which it functions.

(1) An interjurisdictional office of emergency management or official of an interjurisdictional office of emergency management shall not declare a local disaster emergency unless expressly authorized by the interjurisdictional agreement under which the interjurisdictional office of emergency management functions.

(2) However, an interjurisdictional office of emergency management shall provide aid and services in accordance with the interjurisdictional agreement under which it functions.

(d) If a county judge uses county labor and equipment on private property to provide services that are required as a result of the natural disaster, the county judge shall notify the owner of the private property by any possible method as soon as practicable of: (1) The amount of private property necessary to provide services; (2) The nature of labor and equipment to be used on the private property; (3) The estimated amount of time the private property will be used to provide services; and (4) (A) The estimated amount of compensation the county will provide to the owner of the private property as a result of damage to the private property caused by the county. (B) Within sixty (60) days from the removal of county labor and equipment from the private property, the county shall compensate the owner of the private property for reasonable damage to the property.

(1) The amount of private property necessary to provide services;

(2) The nature of labor and equipment to be used on the private property;

(3) The estimated amount of time the private property will be used to provide services; and

(4) (A) The estimated amount of compensation the county will provide to the owner of the private property as a result of damage to the private property caused by the county. (B) Within sixty (60) days from the removal of county labor and equipment from the private property, the county shall compensate the owner of the private property for reasonable damage to the property.

(A) The estimated amount of compensation the county will provide to the owner of the private property as a result of damage to the private property caused by the county.

(B) Within sixty (60) days from the removal of county labor and equipment from the private property, the county shall compensate the owner of the private property for reasonable damage to the property.

Amended by Act 2013, No. 973,§ 1, eff. 8/16/2013.

Amended by Act 2013, No. 169,§ 1, eff. 2/26/2013.

Acts 1973, No. 511, § 13; A.S.A. 1947, § 11-1946; Acts 2001, No. 568, § 1; No. 1278, § 2; 2007, No. 197, § 5; No. 465, § 2; 2009, No. 165, §§ 29, 30.
Ark. Code Ann. § 12-17-102 — AR Code / Title 12 / Chapter 17 / Section 12-17-102
State Drug Crime Enforcement and Prosecution Grant Fund established
Status: in_force

(a) There is hereby established and created on the books of the Chief Fiscal Officer of the State, the Treasurer of State, and the Auditor of State a special revenue fund to be known as the "State Drug Crime Enforcement and Prosecution Grant Fund" for the purpose of funding state grant awards for multi-jurisdictional drug crime task forces to investigate and prosecute drug crimes within the State of Arkansas. (b) The fund shall consist of: (1) Revenues generated under § 12-17-106 ; and (2) Any moneys authorized by the General Assembly. Acts 2007, No. 1086, § 1.

(a) There is hereby established and created on the books of the Chief Fiscal Officer of the State, the Treasurer of State, and the Auditor of State a special revenue fund to be known as the "State Drug Crime Enforcement and Prosecution Grant Fund" for the purpose of funding state grant awards for multi-jurisdictional drug crime task forces to investigate and prosecute drug crimes within the State of Arkansas.

(b) The fund shall consist of: (1) Revenues generated under § 12-17-106 ; and (2) Any moneys authorized by the General Assembly.

(1) Revenues generated under § 12-17-106 ; and

(2) Any moneys authorized by the General Assembly.

Acts 2007, No. 1086, § 1.
Ark. Code Ann. § 12-30-205 — AR Code / Title 12 / Chapter 30 / Subchapter 2 / Section 12-30-205
Purchase of goods by nonprofit organizations and other individuals
Status: in_force

(a) A nonprofit organization may purchase goods produced by the Division of Correction's Industry Division as provided for by this subchapter. (b) (1) Goods produced by the Industry Division as provided for by this subchapter may also be purchased by: (A) Current employees and retirees of the Division of Correction; (B) (i) Current employees and retirees of the public offices, departments, divisions, institutions, school districts, and agencies of this state. (ii) Subdivision (b)(1)(B)(i) of this section does not include members of the General Assembly; and (C) Current and former members of the Board of Corrections. (2) Goods purchased by an individual under subdivision (b)(1) of this section: (A) Shall be for personal use only and not for resale; and (B) Exclusive of fees assessed by the Industry Division and applicable taxes, may not exceed two hundred dollars ($200) for any one (1) purchase of home furnishings for any one (1) fiscal year. (c) Goods or products that are produced, assembled, or packaged in whole or in part by the Division of Correction utilizing prison labor may be sold to inmates of the Division of Correction, Division of Community Correction, or a local correctional facility. Amended by Act 2019, No. 982,§ 1, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 819, eff. 7/1/2019. Amended by Act 2015, No. 1061,§ 1, eff. 7/22/2015. Acts 1967, No. 473, § 4; 1985, No. 825, § 1; A.S.A. 1947, § 46-237; Acts 1999, No. 1375, § 1; 2005, No. 1182, § 1; 2009, No. 502, § 1; 2011, No. 779, § 24.

(a) A nonprofit organization may purchase goods produced by the Division of Correction's Industry Division as provided for by this subchapter.

(b) (1) Goods produced by the Industry Division as provided for by this subchapter may also be purchased by: (A) Current employees and retirees of the Division of Correction; (B) (i) Current employees and retirees of the public offices, departments, divisions, institutions, school districts, and agencies of this state. (ii) Subdivision (b)(1)(B)(i) of this section does not include members of the General Assembly; and (C) Current and former members of the Board of Corrections. (2) Goods purchased by an individual under subdivision (b)(1) of this section: (A) Shall be for personal use only and not for resale; and (B) Exclusive of fees assessed by the Industry Division and applicable taxes, may not exceed two hundred dollars ($200) for any one (1) purchase of home furnishings for any one (1) fiscal year.

(1) Goods produced by the Industry Division as provided for by this subchapter may also be purchased by: (A) Current employees and retirees of the Division of Correction; (B) (i) Current employees and retirees of the public offices, departments, divisions, institutions, school districts, and agencies of this state. (ii) Subdivision (b)(1)(B)(i) of this section does not include members of the General Assembly; and (C) Current and former members of the Board of Corrections.

(A) Current employees and retirees of the Division of Correction;

(B) (i) Current employees and retirees of the public offices, departments, divisions, institutions, school districts, and agencies of this state. (ii) Subdivision (b)(1)(B)(i) of this section does not include members of the General Assembly; and

(i) Current employees and retirees of the public offices, departments, divisions, institutions, school districts, and agencies of this state.

(ii) Subdivision (b)(1)(B)(i) of this section does not include members of the General Assembly; and

(C) Current and former members of the Board of Corrections.

(2) Goods purchased by an individual under subdivision (b)(1) of this section: (A) Shall be for personal use only and not for resale; and (B) Exclusive of fees assessed by the Industry Division and applicable taxes, may not exceed two hundred dollars ($200) for any one (1) purchase of home furnishings for any one (1) fiscal year.

(A) Shall be for personal use only and not for resale; and

(B) Exclusive of fees assessed by the Industry Division and applicable taxes, may not exceed two hundred dollars ($200) for any one (1) purchase of home furnishings for any one (1) fiscal year.

(c) Goods or products that are produced, assembled, or packaged in whole or in part by the Division of Correction utilizing prison labor may be sold to inmates of the Division of Correction, Division of Community Correction, or a local correctional facility.

Amended by Act 2019, No. 982,§ 1, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 819, eff. 7/1/2019.

Amended by Act 2015, No. 1061,§ 1, eff. 7/22/2015.

Acts 1967, No. 473, § 4; 1985, No. 825, § 1; A.S.A. 1947, § 46-237; Acts 1999, No. 1375, § 1; 2005, No. 1182, § 1; 2009, No. 502, § 1; 2011, No. 779, § 24.
Ark. Code Ann. § 12-12-1808 — AR Code / Title 12 / Chapter 12 / Subchapter 18 / Section 12-12-1808
Privacy
Status: in_force

(a) (1) Captured plate data or data obtained from the Office of Motor Vehicle may be disclosed only: (A) To the person to whom the vehicle is registered; (B) After the written consent of the person to whom the vehicle is registered; or (C) If the disclosure of the data is permitted by the Driver's Privacy Protection Act of 1994, 18 U.S.C. § 2721 et seq., as it existed on January 1, 2013. (2) Practice and usage data compiled and preserved under § 12-12-1806 are a public record for purposes of the Freedom of Information Act of 1967, § 25-19-101 et seq. (b) Upon the presentation to an appropriate governmental entity of a valid, outstanding protection order protecting the driver of a vehicle jointly registered with or registered solely in the name of the individual against whom the order was issued, captured plate data shall not be disclosed except as the result of a match under § 12-12-1803(b) . Added by Act 2013, No. 1491,§ 1, eff. 8/16/2013.

(a) (1) Captured plate data or data obtained from the Office of Motor Vehicle may be disclosed only: (A) To the person to whom the vehicle is registered; (B) After the written consent of the person to whom the vehicle is registered; or (C) If the disclosure of the data is permitted by the Driver's Privacy Protection Act of 1994, 18 U.S.C. § 2721 et seq., as it existed on January 1, 2013. (2) Practice and usage data compiled and preserved under § 12-12-1806 are a public record for purposes of the Freedom of Information Act of 1967, § 25-19-101 et seq.

(1) Captured plate data or data obtained from the Office of Motor Vehicle may be disclosed only: (A) To the person to whom the vehicle is registered; (B) After the written consent of the person to whom the vehicle is registered; or (C) If the disclosure of the data is permitted by the Driver's Privacy Protection Act of 1994, 18 U.S.C. § 2721 et seq., as it existed on January 1, 2013.

(A) To the person to whom the vehicle is registered;

(B) After the written consent of the person to whom the vehicle is registered; or

(C) If the disclosure of the data is permitted by the Driver's Privacy Protection Act of 1994, 18 U.S.C. § 2721 et seq., as it existed on January 1, 2013.

(2) Practice and usage data compiled and preserved under § 12-12-1806 are a public record for purposes of the Freedom of Information Act of 1967, § 25-19-101 et seq.

(b) Upon the presentation to an appropriate governmental entity of a valid, outstanding protection order protecting the driver of a vehicle jointly registered with or registered solely in the name of the individual against whom the order was issued, captured plate data shall not be disclosed except as the result of a match under § 12-12-1803(b) .

Added by Act 2013, No. 1491,§ 1, eff. 8/16/2013.
Ark. Code Ann. § 12-42-106 — AR Code / Title 12 / Chapter 42 / Section 12-42-106
Contracts with other counties, cities, or towns - Liability
Status: in_force

(a) (1) The county court or the county judge thereof in vacation, or the mayor of any city or incorporated town, when authorized to do so by an ordinance duly adopted by the city or town council or other governing body of the municipality, is authorized and empowered to make a contract with any other county, city, or town for the maintenance, safekeeping, and working of inmates committed to county or city jails except inmates awaiting trial. (2) The county court, county judge, or mayor may make such contract as deemed in the best interests of the county, city, or incorporated town. (b) For the purpose of making a contract to effectuate the provisions of this section and §§ 12-42-102 , 12-42-104 , 12-42-105 , and 12-42-107 , the county court or county judge of any county, and the mayor, with the approval of the city or town council, or other governing body of any municipality, is vested with plenary power. (c) Any county, city, or town contracting for the safekeeping of inmates under the provisions of this section and §§ 12-42-102 , 12-42-104 , 12-42-105 , and 12-42-107 , shall obligate itself to furnish the inmates with good and wholesome food, comfortable clothing, and medicine when sick and shall not require them to work at unreasonable hours or for a longer time during any one (1) day than other laborers doing the same kind of labor are accustomed to do. (d) A county sheriff, constable, mayor, or other officer to whom a person is committed for imprisonment to serve a sentence imposed for a misdemeanor or petty offense or in default of the payment of fine and costs therefor shall not be responsible for the health, safety, or welfare of the person if the county sheriff, constable, mayor, or other officer shall deliver the person to any county, city, or town other than that of which the former is an officer, pursuant to a contract for the maintenance, safekeeping, and working of inmates authorized by statute. Amended by Act 2013, No. 295,§ 8, eff. 8/16/2013. Acts 1939, No. 118, §§ 3, 6; 1965, No. 371, § 2; A.S.A. 1947, §§ 46-504, 46-511, 46-511.1.

(a) (1) The county court or the county judge thereof in vacation, or the mayor of any city or incorporated town, when authorized to do so by an ordinance duly adopted by the city or town council or other governing body of the municipality, is authorized and empowered to make a contract with any other county, city, or town for the maintenance, safekeeping, and working of inmates committed to county or city jails except inmates awaiting trial. (2) The county court, county judge, or mayor may make such contract as deemed in the best interests of the county, city, or incorporated town.

(1) The county court or the county judge thereof in vacation, or the mayor of any city or incorporated town, when authorized to do so by an ordinance duly adopted by the city or town council or other governing body of the municipality, is authorized and empowered to make a contract with any other county, city, or town for the maintenance, safekeeping, and working of inmates committed to county or city jails except inmates awaiting trial.

(2) The county court, county judge, or mayor may make such contract as deemed in the best interests of the county, city, or incorporated town.

(b) For the purpose of making a contract to effectuate the provisions of this section and §§ 12-42-102 , 12-42-104 , 12-42-105 , and 12-42-107 , the county court or county judge of any county, and the mayor, with the approval of the city or town council, or other governing body of any municipality, is vested with plenary power.

(c) Any county, city, or town contracting for the safekeeping of inmates under the provisions of this section and §§ 12-42-102 , 12-42-104 , 12-42-105 , and 12-42-107 , shall obligate itself to furnish the inmates with good and wholesome food, comfortable clothing, and medicine when sick and shall not require them to work at unreasonable hours or for a longer time during any one (1) day than other laborers doing the same kind of labor are accustomed to do.

(d) A county sheriff, constable, mayor, or other officer to whom a person is committed for imprisonment to serve a sentence imposed for a misdemeanor or petty offense or in default of the payment of fine and costs therefor shall not be responsible for the health, safety, or welfare of the person if the county sheriff, constable, mayor, or other officer shall deliver the person to any county, city, or town other than that of which the former is an officer, pursuant to a contract for the maintenance, safekeeping, and working of inmates authorized by statute.

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

Acts 1939, No. 118, §§ 3, 6; 1965, No. 371, § 2; A.S.A. 1947, §§ 46-504, 46-511, 46-511.1.
Ark. Code Ann. § 12-13-115 — AR Code / Title 12 / Chapter 13 / Subchapter 1 / Section 12-13-115
[Repealed]
Status: repealed

Repealed by Act 2023, No. 841,§ 18, eff. 7/1/2023. Amended by Act 2019, No. 910,§ 5870, eff. 7/1/2019. Acts 1955, No. 254, § 17; A.S.A. 1947, § 82-822.

Repealed by Act 2023, No. 841,§ 18, eff. 7/1/2023.

Amended by Act 2019, No. 910,§ 5870, eff. 7/1/2019.

Acts 1955, No. 254, § 17; A.S.A. 1947, § 82-822.
Ark. Code Ann. § 12-29-120 — AR Code / Title 12 / Chapter 29 / Subchapter 1 / Section 12-29-120
Use of federal relief or stimulus funds to pay outstanding court obligations
Status: in_force

(a) Unless prohibited by federal law, a person who is in the custody of the Department of Corrections for an offense committed in the state who receives any federal relief or stimulus funds from the United States Government is required to first use the federal relief or stimulus funds to pay off existing court fines, fees, costs, or restitution before he or she may use the federal relief or stimulus funds for any other purpose. (b) If the department is made aware of existing court fines, fees, costs, or restitution owed by a person in its custody who has received funds from the United States Government, the department shall: (1) Verify the funds received by the person are intended for the person; (2) Verify the funds received are federal relief or stimulus funds; (3) Withhold from any federal relief or stimulus funds an amount not to exceed the amount owed for fines, fees, costs, or restitution; and (4) Forward the withheld federal relief or stimulus funds to the circuit clerk in the county or to the city treasurer in the municipality to which existing court fines, fees, costs, or restitution is owed. (c) It is not the responsibility of the department to search for existing court fines, fees, costs, or restitution owed by a person in its care and custody. (d) If a person who is in the custody of the department receives any federal relief or stimulus funds from the United States Government but has no known existing court fines, fees, costs, or restitution, the federal relief or stimulus funds shall be distributed in equal parts to the following: (1) An inmate welfare fund established under § 12-29-107 ; and (2) The Division of Correction Inmate Care and Custody Fund Account. (e) This section applies retroactively to any federal relief or stimulus funds received on or after October 13, 2020, from the United States Government. (f) If the department is unable to confirm funds received by a person in its custody are federal relief or stimulus funds, the funds will be deposited into the person's inmate banking account. Added by Act 2021, No. 1110,§ 1, eff. 5/3/2021.

(a) Unless prohibited by federal law, a person who is in the custody of the Department of Corrections for an offense committed in the state who receives any federal relief or stimulus funds from the United States Government is required to first use the federal relief or stimulus funds to pay off existing court fines, fees, costs, or restitution before he or she may use the federal relief or stimulus funds for any other purpose.

(b) If the department is made aware of existing court fines, fees, costs, or restitution owed by a person in its custody who has received funds from the United States Government, the department shall: (1) Verify the funds received by the person are intended for the person; (2) Verify the funds received are federal relief or stimulus funds; (3) Withhold from any federal relief or stimulus funds an amount not to exceed the amount owed for fines, fees, costs, or restitution; and (4) Forward the withheld federal relief or stimulus funds to the circuit clerk in the county or to the city treasurer in the municipality to which existing court fines, fees, costs, or restitution is owed.

(1) Verify the funds received by the person are intended for the person;

(2) Verify the funds received are federal relief or stimulus funds;

(3) Withhold from any federal relief or stimulus funds an amount not to exceed the amount owed for fines, fees, costs, or restitution; and

(4) Forward the withheld federal relief or stimulus funds to the circuit clerk in the county or to the city treasurer in the municipality to which existing court fines, fees, costs, or restitution is owed.

(c) It is not the responsibility of the department to search for existing court fines, fees, costs, or restitution owed by a person in its care and custody.

(d) If a person who is in the custody of the department receives any federal relief or stimulus funds from the United States Government but has no known existing court fines, fees, costs, or restitution, the federal relief or stimulus funds shall be distributed in equal parts to the following: (1) An inmate welfare fund established under § 12-29-107 ; and (2) The Division of Correction Inmate Care and Custody Fund Account.

(1) An inmate welfare fund established under § 12-29-107 ; and

(2) The Division of Correction Inmate Care and Custody Fund Account.

(e) This section applies retroactively to any federal relief or stimulus funds received on or after October 13, 2020, from the United States Government.

(f) If the department is unable to confirm funds received by a person in its custody are federal relief or stimulus funds, the funds will be deposited into the person's inmate banking account.

Added by Act 2021, No. 1110,§ 1, eff. 5/3/2021.
Ark. Code Ann. § 12-10-203 — AR Code / Title 12 / Chapter 10 / Subchapter 2 / Section 12-10-203
Policy committee
Status: in_force

(a) A seven-member policy committee composed of two (2) representatives each from the Arkansas Sheriffs' Association, the Arkansas Association of Chiefs of Police, and the Arkansas Law Enforcement Officers Association and one (1) representative from the Division of Arkansas State Police will be responsible for policy making and for policing a statewide communication system. (b) Members of the policy committee will be appointed by the presidents of the respective law enforcement associations and the Director of the Division of Arkansas State Police. Amended by Act 2019, No. 910,§ 5833, eff. 7/1/2019. Acts 1979, No. 520, § 6; A.S.A. 1947, § 42-1106.

(a) A seven-member policy committee composed of two (2) representatives each from the Arkansas Sheriffs' Association, the Arkansas Association of Chiefs of Police, and the Arkansas Law Enforcement Officers Association and one (1) representative from the Division of Arkansas State Police will be responsible for policy making and for policing a statewide communication system.

(b) Members of the policy committee will be appointed by the presidents of the respective law enforcement associations and the Director of the Division of Arkansas State Police.

Amended by Act 2019, No. 910,§ 5833, eff. 7/1/2019.

Acts 1979, No. 520, § 6; A.S.A. 1947, § 42-1106.