Ark. Code Ann. § 12-75-107 — AR Code / Title 12 / Chapter 75 / Subchapter 1 / Section 12-75-107
Declaration of disaster emergencies
Status: in_force

(a) (1) A disaster emergency shall be declared by executive order or proclamation of the Governor if he or she finds a disaster has occurred or that the occurrence or the threat of disaster is imminent. (2) When time is critical because of rapidly occurring disaster emergency events, the Governor may verbally declare for immediate response and recovery purposes until the formalities of a written executive order or proclamation can be completed in the prescribed manner. (b) (1) The state of disaster emergency shall continue until: (A) The Governor finds that the threat or danger has passed and terminates the state of disaster emergency by executive order or proclamation; or (B) The disaster has been dealt with to the extent that emergency conditions no longer exist and the employees engaged in the restoration of utility services have returned to the point of origin. (2) (A) Except as provided in subdivision (b)(2)(B) of this section, a state of disaster emergency shall not continue for longer than sixty (60) days unless renewed by the Governor. (B) A statewide state of disaster emergency related to public health under subsection (g) of this section shall not continue for longer than sixty (60) days unless renewed by the Governor, so long as the Legislative Council does not vote to deny the request for renewal. (c) (1) (A) The General Assembly may terminate a state of disaster emergency, including without limitation a statewide state of disaster emergency related to public health under subsection (g) of this section, at any time by the passage of a concurrent resolution terminating the state of disaster emergency. (B) (i) The House of Representatives shall debate and vote upon a concurrent resolution to terminate a state of disaster emergency under subdivision (c)(1)(A) of this section at a committee of the whole called either by the Speaker of the House of Representatives or upon the written request of at least fifty-one (51) members of the House of Representatives. (ii) The House of Representatives may convene a committee of the whole to consider a concurrent resolution to terminate a state of disaster emergency at any time, including without limitation during a regular, fiscal, or extraordinary session of the General Assembly. (C) (i) The Senate shall debate and vote upon a concurrent resolution to terminate a state of disaster emergency under subdivision (c)(1)(A) of this section at a committee of the whole called either by the President Pro Tempore of the Senate or upon the written request of at least eighteen (18) members of the Senate. (ii) The Senate may convene a committee of the whole to consider a concurrent resolution to terminate a state of disaster emergency at any time, including without limitation during a regular, fiscal, or extraordinary session of the General Assembly. (2) If the General Assembly enacts a concurrent resolution terminating a state of disaster emergency under subdivision (c)(1) of this section, the state of disaster emergency shall terminate on the date on which the state of disaster emergency will expire as provided in the executive order or proclamation declaring the state of disaster emergency unless the concurrent resolution provides for an earlier date of termination. (3) If the Governor vetoes or otherwise does not approve a concurrent resolution terminating a state of disaster emergency within five (5) days, Sundays excepted, of its presentation to him or her, the House of Representatives and the Senate may convene a committee of the whole in the same manner provided in subdivisions (c)(1)(B) and (C) of this section for the purpose of debating and voting upon a repassage of the concurrent resolution that will override the Governor's failure to approve the concurrent resolution. (d) (1) All executive orders or proclamations issued under this section shall indicate the nature of the disaster, the area or areas threatened, and the conditions which have brought it about or which make possible termination of the state of disaster emergency. (2) In the case of a disaster, each provider of utility services whose services were interrupted shall prepare a report describing: (A) The type of disaster emergency; (B) The duration of the disaster emergency, which includes the time the utility personnel is dispensed to the work site and returns to the personnel's point of origin; and (C) The personnel utilized in responding to the disaster emergency. (3) If the disaster is related to public health, including without limitation an infectious, contagious, and communicable disease, then the executive order or proclamation shall specify that the state of disaster emergency is related to public health. (e) An executive order or proclamation shall be disseminated promptly by means calculated to bring its contents to the attention of the general public and, unless the circumstances attendant upon the disaster prevent or impede, filed promptly with the Secretary of State. (f) An executive order or proclamation of a state of disaster emergency shall activate the disaster response and recovery aspects of the state, local, and interjurisdictional disaster emergency plans applicable to the political subdivision or area in question and be authority for the deployment and use of any forces to which the plan or plans apply and for use or distribution of any supplies, equipment, and materials and facilities assembled, stockpiled, or arranged to be made available pursuant to this chapter or any other provision of law relating to disaster emergencies. (g) (1) The Governor shall declare a statewide state of disaster emergency related to public health if a disaster related to public health, including without limitation an infectious, contagious, and communicable disease, includes: (A) At least nineteen (19) counties of the state, either at one (1) time or in the aggregate, if the states of disaster emergency are related to the same disaster related to public health; or (B) A total number of persons in counties under a state of disaster emergency related to public health equal to or greater than twenty-five percent (25%) of the population of the State of Arkansas according to the most recent federal decennial census, either at one (1) time or in the aggregate, if the states of disaster emergency are related to the same disaster related to public health. (2) (A) The House of Representatives and the Senate shall each convene as a committee of the whole within eight (8) business days of the declaration of a statewide state of disaster emergency related to public health to vote upon and debate a concurrent resolution to terminate the statewide state of disaster emergency related to public health. (B) The House of Representatives and the Senate may each convene as a committee of the whole under subdivision (g)(2)(A) of this section at any time, including without limitation during a regular, fiscal, or extraordinary session of the General Assembly. (C) (i) If the General Assembly enacts a concurrent resolution to terminate the statewide state of disaster emergency related to public health at committees of the whole under subdivision (g)(2)(A) of this section, the statewide state of disaster emergency related to public health shall terminate on the date on which the statewide state of disaster emergency related to public health will expire as provided in the executive order or proclamation declaring the statewide state of disaster emergency related to public health, unless the concurrent resolution provides for an earlier date of termination. (ii) This subdivision (g)(2)(C) does not prohibit the Governor from terminating a statewide state of disaster emergency related to public health at a date earlier than the date specified in the resolutions of the House of Representatives and Senate terminating the statewide state of disaster emergency related to public health. (D) If the Governor vetoes or otherwise does not approve a concurrent resolution terminating a statewide state of disaster emergency related to public health within five (5) days, Sundays excepted, of its presentation to him or her, the House of Representatives and the Senate may convene a committee of the whole in the manner provided in subdivisions (c)(1)(B) and (C) of this section for the purpose of debating and voting upon a repassage of the concurrent resolution that will override the Governor's failure to approve the concurrent resolution. (3) (A) If the General Assembly does not terminate a statewide state of disaster emergency related to public health, the statewide state of disaster emergency related to public health shall not continue for longer than sixty (60) days from the date of the executive order or proclamation declaring the statewide state of disaster emergency related to public health unless renewed by the Governor, so long as the Legislative Council does not vote to deny the request for renewal. (B) If the Governor desires to renew a statewide state of disaster emergency related to public health, he or she shall submit a written statement to the Legislative Council at least ten (10) days prior to the date on which the statewide state of disaster emergency related to public health will expire that includes without limitation the following information: (i) The number of days that the statewide state of disaster emergency related to public health will continue, not to exceed sixty (60) days; and (ii) The rationale for continuing the statewide state of disaster emergency related to public health. (C) A statewide state of disaster emergency related to public health under this subdivision (g)(3) shall be renewed unless, by a majority vote of a quorum present, the Legislative Council votes to deny the Governor's request for renewal. (D) After receiving the written statement of the Governor under subdivision (g)(3)(B) of this section, the Legislative Council may consider the renewal of a statewide state of disaster emergency related to public health under subdivision (g)(3)(A) of this section at any time prior to the expiration of the statewide state of disaster emergency related to public health. (E) If the Legislative Council does not deny the Governor's request for renewal by a majority vote of a quorum present, the statewide state of disaster emergency related to public health shall be renewed for the number of days specified by the Governor in the written statement under subdivision (g)(3)(B)(i) of this section. (h) (1) If a state of disaster emergency related to public health is not statewide upon its initial declaration but later becomes statewide by the addition of areas to the state of disaster emergency declaration, the Governor shall declare a statewide state of disaster emergency related to public health under subdivision (g)(1) of this section. (2) The statewide state of disaster emergency declaration under subdivision (h)(1) of this section shall supersede past state of disaster emergency declarations related to the same disaster related to public health. (i) (1) The Legislative Council may meet at any time to perform its duties under this section, including without limitation during a regular session, fiscal session, or extraordinary session of the General Assembly. (2) The duties of the Legislative Council under this section shall not be delegated to a subset of the membership of the Legislative Council, including without limitation a subcommittee of the Legislative Council. (3) The Legislative Council may adopt rules concerning the performance of its duties under this section. Amended by Act 2021, No. 403,§ 2, eff. 3/19/2021. Acts 1973, No. 511, § 8; A.S.A. 1947, § 11-1941; Acts 1999, No. 646, §§ 13, 14; 1999, No. 913, § 2; 2001, No. 1278, § 1; 2007, No. 197, § 4.

(a) (1) A disaster emergency shall be declared by executive order or proclamation of the Governor if he or she finds a disaster has occurred or that the occurrence or the threat of disaster is imminent. (2) When time is critical because of rapidly occurring disaster emergency events, the Governor may verbally declare for immediate response and recovery purposes until the formalities of a written executive order or proclamation can be completed in the prescribed manner.

(1) A disaster emergency shall be declared by executive order or proclamation of the Governor if he or she finds a disaster has occurred or that the occurrence or the threat of disaster is imminent.

(2) When time is critical because of rapidly occurring disaster emergency events, the Governor may verbally declare for immediate response and recovery purposes until the formalities of a written executive order or proclamation can be completed in the prescribed manner.

(b) (1) The state of disaster emergency shall continue until: (A) The Governor finds that the threat or danger has passed and terminates the state of disaster emergency by executive order or proclamation; or (B) The disaster has been dealt with to the extent that emergency conditions no longer exist and the employees engaged in the restoration of utility services have returned to the point of origin. (2) (A) Except as provided in subdivision (b)(2)(B) of this section, a state of disaster emergency shall not continue for longer than sixty (60) days unless renewed by the Governor. (B) A statewide state of disaster emergency related to public health under subsection (g) of this section shall not continue for longer than sixty (60) days unless renewed by the Governor, so long as the Legislative Council does not vote to deny the request for renewal.

(1) The state of disaster emergency shall continue until: (A) The Governor finds that the threat or danger has passed and terminates the state of disaster emergency by executive order or proclamation; or (B) The disaster has been dealt with to the extent that emergency conditions no longer exist and the employees engaged in the restoration of utility services have returned to the point of origin.

(A) The Governor finds that the threat or danger has passed and terminates the state of disaster emergency by executive order or proclamation; or

(B) The disaster has been dealt with to the extent that emergency conditions no longer exist and the employees engaged in the restoration of utility services have returned to the point of origin.

(2) (A) Except as provided in subdivision (b)(2)(B) of this section, a state of disaster emergency shall not continue for longer than sixty (60) days unless renewed by the Governor. (B) A statewide state of disaster emergency related to public health under subsection (g) of this section shall not continue for longer than sixty (60) days unless renewed by the Governor, so long as the Legislative Council does not vote to deny the request for renewal.

(A) Except as provided in subdivision (b)(2)(B) of this section, a state of disaster emergency shall not continue for longer than sixty (60) days unless renewed by the Governor.

(B) A statewide state of disaster emergency related to public health under subsection (g) of this section shall not continue for longer than sixty (60) days unless renewed by the Governor, so long as the Legislative Council does not vote to deny the request for renewal.

(c) (1) (A) The General Assembly may terminate a state of disaster emergency, including without limitation a statewide state of disaster emergency related to public health under subsection (g) of this section, at any time by the passage of a concurrent resolution terminating the state of disaster emergency. (B) (i) The House of Representatives shall debate and vote upon a concurrent resolution to terminate a state of disaster emergency under subdivision (c)(1)(A) of this section at a committee of the whole called either by the Speaker of the House of Representatives or upon the written request of at least fifty-one (51) members of the House of Representatives. (ii) The House of Representatives may convene a committee of the whole to consider a concurrent resolution to terminate a state of disaster emergency at any time, including without limitation during a regular, fiscal, or extraordinary session of the General Assembly. (C) (i) The Senate shall debate and vote upon a concurrent resolution to terminate a state of disaster emergency under subdivision (c)(1)(A) of this section at a committee of the whole called either by the President Pro Tempore of the Senate or upon the written request of at least eighteen (18) members of the Senate. (ii) The Senate may convene a committee of the whole to consider a concurrent resolution to terminate a state of disaster emergency at any time, including without limitation during a regular, fiscal, or extraordinary session of the General Assembly. (2) If the General Assembly enacts a concurrent resolution terminating a state of disaster emergency under subdivision (c)(1) of this section, the state of disaster emergency shall terminate on the date on which the state of disaster emergency will expire as provided in the executive order or proclamation declaring the state of disaster emergency unless the concurrent resolution provides for an earlier date of termination. (3) If the Governor vetoes or otherwise does not approve a concurrent resolution terminating a state of disaster emergency within five (5) days, Sundays excepted, of its presentation to him or her, the House of Representatives and the Senate may convene a committee of the whole in the same manner provided in subdivisions (c)(1)(B) and (C) of this section for the purpose of debating and voting upon a repassage of the concurrent resolution that will override the Governor's failure to approve the concurrent resolution.

(1) (A) The General Assembly may terminate a state of disaster emergency, including without limitation a statewide state of disaster emergency related to public health under subsection (g) of this section, at any time by the passage of a concurrent resolution terminating the state of disaster emergency. (B) (i) The House of Representatives shall debate and vote upon a concurrent resolution to terminate a state of disaster emergency under subdivision (c)(1)(A) of this section at a committee of the whole called either by the Speaker of the House of Representatives or upon the written request of at least fifty-one (51) members of the House of Representatives. (ii) The House of Representatives may convene a committee of the whole to consider a concurrent resolution to terminate a state of disaster emergency at any time, including without limitation during a regular, fiscal, or extraordinary session of the General Assembly. (C) (i) The Senate shall debate and vote upon a concurrent resolution to terminate a state of disaster emergency under subdivision (c)(1)(A) of this section at a committee of the whole called either by the President Pro Tempore of the Senate or upon the written request of at least eighteen (18) members of the Senate. (ii) The Senate may convene a committee of the whole to consider a concurrent resolution to terminate a state of disaster emergency at any time, including without limitation during a regular, fiscal, or extraordinary session of the General Assembly.

(A) The General Assembly may terminate a state of disaster emergency, including without limitation a statewide state of disaster emergency related to public health under subsection (g) of this section, at any time by the passage of a concurrent resolution terminating the state of disaster emergency.

(B) (i) The House of Representatives shall debate and vote upon a concurrent resolution to terminate a state of disaster emergency under subdivision (c)(1)(A) of this section at a committee of the whole called either by the Speaker of the House of Representatives or upon the written request of at least fifty-one (51) members of the House of Representatives. (ii) The House of Representatives may convene a committee of the whole to consider a concurrent resolution to terminate a state of disaster emergency at any time, including without limitation during a regular, fiscal, or extraordinary session of the General Assembly.

(i) The House of Representatives shall debate and vote upon a concurrent resolution to terminate a state of disaster emergency under subdivision (c)(1)(A) of this section at a committee of the whole called either by the Speaker of the House of Representatives or upon the written request of at least fifty-one (51) members of the House of Representatives.

(ii) The House of Representatives may convene a committee of the whole to consider a concurrent resolution to terminate a state of disaster emergency at any time, including without limitation during a regular, fiscal, or extraordinary session of the General Assembly.

(C) (i) The Senate shall debate and vote upon a concurrent resolution to terminate a state of disaster emergency under subdivision (c)(1)(A) of this section at a committee of the whole called either by the President Pro Tempore of the Senate or upon the written request of at least eighteen (18) members of the Senate. (ii) The Senate may convene a committee of the whole to consider a concurrent resolution to terminate a state of disaster emergency at any time, including without limitation during a regular, fiscal, or extraordinary session of the General Assembly.

(i) The Senate shall debate and vote upon a concurrent resolution to terminate a state of disaster emergency under subdivision (c)(1)(A) of this section at a committee of the whole called either by the President Pro Tempore of the Senate or upon the written request of at least eighteen (18) members of the Senate.

(ii) The Senate may convene a committee of the whole to consider a concurrent resolution to terminate a state of disaster emergency at any time, including without limitation during a regular, fiscal, or extraordinary session of the General Assembly.

(2) If the General Assembly enacts a concurrent resolution terminating a state of disaster emergency under subdivision (c)(1) of this section, the state of disaster emergency shall terminate on the date on which the state of disaster emergency will expire as provided in the executive order or proclamation declaring the state of disaster emergency unless the concurrent resolution provides for an earlier date of termination.

(3) If the Governor vetoes or otherwise does not approve a concurrent resolution terminating a state of disaster emergency within five (5) days, Sundays excepted, of its presentation to him or her, the House of Representatives and the Senate may convene a committee of the whole in the same manner provided in subdivisions (c)(1)(B) and (C) of this section for the purpose of debating and voting upon a repassage of the concurrent resolution that will override the Governor's failure to approve the concurrent resolution.

(d) (1) All executive orders or proclamations issued under this section shall indicate the nature of the disaster, the area or areas threatened, and the conditions which have brought it about or which make possible termination of the state of disaster emergency. (2) In the case of a disaster, each provider of utility services whose services were interrupted shall prepare a report describing: (A) The type of disaster emergency; (B) The duration of the disaster emergency, which includes the time the utility personnel is dispensed to the work site and returns to the personnel's point of origin; and (C) The personnel utilized in responding to the disaster emergency. (3) If the disaster is related to public health, including without limitation an infectious, contagious, and communicable disease, then the executive order or proclamation shall specify that the state of disaster emergency is related to public health.

(1) All executive orders or proclamations issued under this section shall indicate the nature of the disaster, the area or areas threatened, and the conditions which have brought it about or which make possible termination of the state of disaster emergency.

(2) In the case of a disaster, each provider of utility services whose services were interrupted shall prepare a report describing: (A) The type of disaster emergency; (B) The duration of the disaster emergency, which includes the time the utility personnel is dispensed to the work site and returns to the personnel's point of origin; and (C) The personnel utilized in responding to the disaster emergency.

(A) The type of disaster emergency;

(B) The duration of the disaster emergency, which includes the time the utility personnel is dispensed to the work site and returns to the personnel's point of origin; and

(C) The personnel utilized in responding to the disaster emergency.

(3) If the disaster is related to public health, including without limitation an infectious, contagious, and communicable disease, then the executive order or proclamation shall specify that the state of disaster emergency is related to public health.

(e) An executive order or proclamation shall be disseminated promptly by means calculated to bring its contents to the attention of the general public and, unless the circumstances attendant upon the disaster prevent or impede, filed promptly with the Secretary of State.

(f) An executive order or proclamation of a state of disaster emergency shall activate the disaster response and recovery aspects of the state, local, and interjurisdictional disaster emergency plans applicable to the political subdivision or area in question and be authority for the deployment and use of any forces to which the plan or plans apply and for use or distribution of any supplies, equipment, and materials and facilities assembled, stockpiled, or arranged to be made available pursuant to this chapter or any other provision of law relating to disaster emergencies.

(g) (1) The Governor shall declare a statewide state of disaster emergency related to public health if a disaster related to public health, including without limitation an infectious, contagious, and communicable disease, includes: (A) At least nineteen (19) counties of the state, either at one (1) time or in the aggregate, if the states of disaster emergency are related to the same disaster related to public health; or (B) A total number of persons in counties under a state of disaster emergency related to public health equal to or greater than twenty-five percent (25%) of the population of the State of Arkansas according to the most recent federal decennial census, either at one (1) time or in the aggregate, if the states of disaster emergency are related to the same disaster related to public health. (2) (A) The House of Representatives and the Senate shall each convene as a committee of the whole within eight (8) business days of the declaration of a statewide state of disaster emergency related to public health to vote upon and debate a concurrent resolution to terminate the statewide state of disaster emergency related to public health. (B) The House of Representatives and the Senate may each convene as a committee of the whole under subdivision (g)(2)(A) of this section at any time, including without limitation during a regular, fiscal, or extraordinary session of the General Assembly. (C) (i) If the General Assembly enacts a concurrent resolution to terminate the statewide state of disaster emergency related to public health at committees of the whole under subdivision (g)(2)(A) of this section, the statewide state of disaster emergency related to public health shall terminate on the date on which the statewide state of disaster emergency related to public health will expire as provided in the executive order or proclamation declaring the statewide state of disaster emergency related to public health, unless the concurrent resolution provides for an earlier date of termination. (ii) This subdivision (g)(2)(C) does not prohibit the Governor from terminating a statewide state of disaster emergency related to public health at a date earlier than the date specified in the resolutions of the House of Representatives and Senate terminating the statewide state of disaster emergency related to public health. (D) If the Governor vetoes or otherwise does not approve a concurrent resolution terminating a statewide state of disaster emergency related to public health within five (5) days, Sundays excepted, of its presentation to him or her, the House of Representatives and the Senate may convene a committee of the whole in the manner provided in subdivisions (c)(1)(B) and (C) of this section for the purpose of debating and voting upon a repassage of the concurrent resolution that will override the Governor's failure to approve the concurrent resolution. (3) (A) If the General Assembly does not terminate a statewide state of disaster emergency related to public health, the statewide state of disaster emergency related to public health shall not continue for longer than sixty (60) days from the date of the executive order or proclamation declaring the statewide state of disaster emergency related to public health unless renewed by the Governor, so long as the Legislative Council does not vote to deny the request for renewal. (B) If the Governor desires to renew a statewide state of disaster emergency related to public health, he or she shall submit a written statement to the Legislative Council at least ten (10) days prior to the date on which the statewide state of disaster emergency related to public health will expire that includes without limitation the following information: (i) The number of days that the statewide state of disaster emergency related to public health will continue, not to exceed sixty (60) days; and (ii) The rationale for continuing the statewide state of disaster emergency related to public health. (C) A statewide state of disaster emergency related to public health under this subdivision (g)(3) shall be renewed unless, by a majority vote of a quorum present, the Legislative Council votes to deny the Governor's request for renewal. (D) After receiving the written statement of the Governor under subdivision (g)(3)(B) of this section, the Legislative Council may consider the renewal of a statewide state of disaster emergency related to public health under subdivision (g)(3)(A) of this section at any time prior to the expiration of the statewide state of disaster emergency related to public health. (E) If the Legislative Council does not deny the Governor's request for renewal by a majority vote of a quorum present, the statewide state of disaster emergency related to public health shall be renewed for the number of days specified by the Governor in the written statement under subdivision (g)(3)(B)(i) of this section.

(1) The Governor shall declare a statewide state of disaster emergency related to public health if a disaster related to public health, including without limitation an infectious, contagious, and communicable disease, includes: (A) At least nineteen (19) counties of the state, either at one (1) time or in the aggregate, if the states of disaster emergency are related to the same disaster related to public health; or (B) A total number of persons in counties under a state of disaster emergency related to public health equal to or greater than twenty-five percent (25%) of the population of the State of Arkansas according to the most recent federal decennial census, either at one (1) time or in the aggregate, if the states of disaster emergency are related to the same disaster related to public health.

(A) At least nineteen (19) counties of the state, either at one (1) time or in the aggregate, if the states of disaster emergency are related to the same disaster related to public health; or

(B) A total number of persons in counties under a state of disaster emergency related to public health equal to or greater than twenty-five percent (25%) of the population of the State of Arkansas according to the most recent federal decennial census, either at one (1) time or in the aggregate, if the states of disaster emergency are related to the same disaster related to public health.

(2) (A) The House of Representatives and the Senate shall each convene as a committee of the whole within eight (8) business days of the declaration of a statewide state of disaster emergency related to public health to vote upon and debate a concurrent resolution to terminate the statewide state of disaster emergency related to public health. (B) The House of Representatives and the Senate may each convene as a committee of the whole under subdivision (g)(2)(A) of this section at any time, including without limitation during a regular, fiscal, or extraordinary session of the General Assembly. (C) (i) If the General Assembly enacts a concurrent resolution to terminate the statewide state of disaster emergency related to public health at committees of the whole under subdivision (g)(2)(A) of this section, the statewide state of disaster emergency related to public health shall terminate on the date on which the statewide state of disaster emergency related to public health will expire as provided in the executive order or proclamation declaring the statewide state of disaster emergency related to public health, unless the concurrent resolution provides for an earlier date of termination. (ii) This subdivision (g)(2)(C) does not prohibit the Governor from terminating a statewide state of disaster emergency related to public health at a date earlier than the date specified in the resolutions of the House of Representatives and Senate terminating the statewide state of disaster emergency related to public health. (D) If the Governor vetoes or otherwise does not approve a concurrent resolution terminating a statewide state of disaster emergency related to public health within five (5) days, Sundays excepted, of its presentation to him or her, the House of Representatives and the Senate may convene a committee of the whole in the manner provided in subdivisions (c)(1)(B) and (C) of this section for the purpose of debating and voting upon a repassage of the concurrent resolution that will override the Governor's failure to approve the concurrent resolution.

(A) The House of Representatives and the Senate shall each convene as a committee of the whole within eight (8) business days of the declaration of a statewide state of disaster emergency related to public health to vote upon and debate a concurrent resolution to terminate the statewide state of disaster emergency related to public health.

(B) The House of Representatives and the Senate may each convene as a committee of the whole under subdivision (g)(2)(A) of this section at any time, including without limitation during a regular, fiscal, or extraordinary session of the General Assembly.

(C) (i) If the General Assembly enacts a concurrent resolution to terminate the statewide state of disaster emergency related to public health at committees of the whole under subdivision (g)(2)(A) of this section, the statewide state of disaster emergency related to public health shall terminate on the date on which the statewide state of disaster emergency related to public health will expire as provided in the executive order or proclamation declaring the statewide state of disaster emergency related to public health, unless the concurrent resolution provides for an earlier date of termination. (ii) This subdivision (g)(2)(C) does not prohibit the Governor from terminating a statewide state of disaster emergency related to public health at a date earlier than the date specified in the resolutions of the House of Representatives and Senate terminating the statewide state of disaster emergency related to public health.

(i) If the General Assembly enacts a concurrent resolution to terminate the statewide state of disaster emergency related to public health at committees of the whole under subdivision (g)(2)(A) of this section, the statewide state of disaster emergency related to public health shall terminate on the date on which the statewide state of disaster emergency related to public health will expire as provided in the executive order or proclamation declaring the statewide state of disaster emergency related to public health, unless the concurrent resolution provides for an earlier date of termination.

(ii) This subdivision (g)(2)(C) does not prohibit the Governor from terminating a statewide state of disaster emergency related to public health at a date earlier than the date specified in the resolutions of the House of Representatives and Senate terminating the statewide state of disaster emergency related to public health.

(D) If the Governor vetoes or otherwise does not approve a concurrent resolution terminating a statewide state of disaster emergency related to public health within five (5) days, Sundays excepted, of its presentation to him or her, the House of Representatives and the Senate may convene a committee of the whole in the manner provided in subdivisions (c)(1)(B) and (C) of this section for the purpose of debating and voting upon a repassage of the concurrent resolution that will override the Governor's failure to approve the concurrent resolution.

(3) (A) If the General Assembly does not terminate a statewide state of disaster emergency related to public health, the statewide state of disaster emergency related to public health shall not continue for longer than sixty (60) days from the date of the executive order or proclamation declaring the statewide state of disaster emergency related to public health unless renewed by the Governor, so long as the Legislative Council does not vote to deny the request for renewal. (B) If the Governor desires to renew a statewide state of disaster emergency related to public health, he or she shall submit a written statement to the Legislative Council at least ten (10) days prior to the date on which the statewide state of disaster emergency related to public health will expire that includes without limitation the following information: (i) The number of days that the statewide state of disaster emergency related to public health will continue, not to exceed sixty (60) days; and (ii) The rationale for continuing the statewide state of disaster emergency related to public health. (C) A statewide state of disaster emergency related to public health under this subdivision (g)(3) shall be renewed unless, by a majority vote of a quorum present, the Legislative Council votes to deny the Governor's request for renewal. (D) After receiving the written statement of the Governor under subdivision (g)(3)(B) of this section, the Legislative Council may consider the renewal of a statewide state of disaster emergency related to public health under subdivision (g)(3)(A) of this section at any time prior to the expiration of the statewide state of disaster emergency related to public health. (E) If the Legislative Council does not deny the Governor's request for renewal by a majority vote of a quorum present, the statewide state of disaster emergency related to public health shall be renewed for the number of days specified by the Governor in the written statement under subdivision (g)(3)(B)(i) of this section.

(A) If the General Assembly does not terminate a statewide state of disaster emergency related to public health, the statewide state of disaster emergency related to public health shall not continue for longer than sixty (60) days from the date of the executive order or proclamation declaring the statewide state of disaster emergency related to public health unless renewed by the Governor, so long as the Legislative Council does not vote to deny the request for renewal.

(B) If the Governor desires to renew a statewide state of disaster emergency related to public health, he or she shall submit a written statement to the Legislative Council at least ten (10) days prior to the date on which the statewide state of disaster emergency related to public health will expire that includes without limitation the following information: (i) The number of days that the statewide state of disaster emergency related to public health will continue, not to exceed sixty (60) days; and (ii) The rationale for continuing the statewide state of disaster emergency related to public health.

(i) The number of days that the statewide state of disaster emergency related to public health will continue, not to exceed sixty (60) days; and

(ii) The rationale for continuing the statewide state of disaster emergency related to public health.

(C) A statewide state of disaster emergency related to public health under this subdivision (g)(3) shall be renewed unless, by a majority vote of a quorum present, the Legislative Council votes to deny the Governor's request for renewal.

(D) After receiving the written statement of the Governor under subdivision (g)(3)(B) of this section, the Legislative Council may consider the renewal of a statewide state of disaster emergency related to public health under subdivision (g)(3)(A) of this section at any time prior to the expiration of the statewide state of disaster emergency related to public health.

(E) If the Legislative Council does not deny the Governor's request for renewal by a majority vote of a quorum present, the statewide state of disaster emergency related to public health shall be renewed for the number of days specified by the Governor in the written statement under subdivision (g)(3)(B)(i) of this section.

(h) (1) If a state of disaster emergency related to public health is not statewide upon its initial declaration but later becomes statewide by the addition of areas to the state of disaster emergency declaration, the Governor shall declare a statewide state of disaster emergency related to public health under subdivision (g)(1) of this section. (2) The statewide state of disaster emergency declaration under subdivision (h)(1) of this section shall supersede past state of disaster emergency declarations related to the same disaster related to public health.

(1) If a state of disaster emergency related to public health is not statewide upon its initial declaration but later becomes statewide by the addition of areas to the state of disaster emergency declaration, the Governor shall declare a statewide state of disaster emergency related to public health under subdivision (g)(1) of this section.

(2) The statewide state of disaster emergency declaration under subdivision (h)(1) of this section shall supersede past state of disaster emergency declarations related to the same disaster related to public health.

(i) (1) The Legislative Council may meet at any time to perform its duties under this section, including without limitation during a regular session, fiscal session, or extraordinary session of the General Assembly. (2) The duties of the Legislative Council under this section shall not be delegated to a subset of the membership of the Legislative Council, including without limitation a subcommittee of the Legislative Council. (3) The Legislative Council may adopt rules concerning the performance of its duties under this section.

(1) The Legislative Council may meet at any time to perform its duties under this section, including without limitation during a regular session, fiscal session, or extraordinary session of the General Assembly.

(2) The duties of the Legislative Council under this section shall not be delegated to a subset of the membership of the Legislative Council, including without limitation a subcommittee of the Legislative Council.

(3) The Legislative Council may adopt rules concerning the performance of its duties under this section.

Amended by Act 2021, No. 403,§ 2, eff. 3/19/2021.

Acts 1973, No. 511, § 8; A.S.A. 1947, § 11-1941; Acts 1999, No. 646, §§ 13, 14; 1999, No. 913, § 2; 2001, No. 1278, § 1; 2007, No. 197, § 4.
Ark. Code Ann. § 12-8-106 — AR Code / Title 12 / Chapter 8 / Subchapter 1 / Section 12-8-106
Division of Arkansas State Police - Duties and powers - Restrictions - Municipal police barred from patrolling certain highways
Status: in_force

(a) (1) It shall be the duty of the Division of Arkansas State Police to: (A) Patrol the public highways, make arrests, and enforce the laws of this state relating to motor vehicles and the use of the state highways; (B) Establish, maintain, and enforce a towing rotation list to assist in clearing highways of motor vehicles which have been involved in accidents or abandoned; (C) Assist in the collection of delinquent motor vehicle license taxes and the collection of gasoline and other taxes that are required by law; and (D) Determine when, if possible, a person or persons are the cause of injury to any state highway or other state property and arrest all persons criminally responsible for injury to any state highway or other state property and bring them before the proper officer for trial. (2) The Director of the Division of Arkansas State Police may promulgate necessary rules to carry out the purpose and intent of subdivision (a)(1)(B) of this section. (b) The Division of Arkansas State Police shall be conservators of the peace and as such shall have the powers possessed by police officers in cities and county sheriffs in counties, except that the Division of Arkansas State Police may exercise such powers anywhere in this state. (c) The Division of Arkansas State Police shall have the authority to establish a Crimes Against Children Division, either through transfer or by contract, to conduct child abuse investigations, to administer the Child Abuse Hotline, and, when consistent with rules promulgated by the Division of Arkansas State Police, to provide training and technical assistance to local law enforcement in conducting child abuse investigations. (d) The police officers shall assist in fire investigations as the director may direct and shall be subject to the call of the circuit courts of the state and the Governor. (e) However, this chapter shall not be construed so as to take away any authority of the regularly constituted peace officers in the state, but the Division of Arkansas State Police shall cooperate with them in the enforcement of the criminal laws of the state and assist such officers either in the enforcement of the law or apprehension of criminals. (f) Nothing in this chapter shall be construed as to authorize any officer of the Division of Arkansas State Police to serve writs unless they are specifically directed to the Division of Arkansas State Police, or an officer thereof, by the issuing authority. (g) No officer or member of the Division of Arkansas State Police shall ever be used in performing police duties on private property in connection with any strike, lockout, or other industrial disturbance. (h) (1) (A) The following law enforcement officers are prohibited from patrolling controlled-access facilities except as may be authorized by the director: (i) A municipal police officer; (ii) An officer established under § 14-42-401 et seq. [repealed]; (iii) A city marshal; and (iv) A constable. (B) The director may withdraw any previously issued authorization to patrol controlled-access facilities. (C) (i) The director shall promulgate rules in accordance with the Arkansas Administrative Procedure Act, § 25-15-201 et seq., to establish criteria for granting or withdrawing authorization to patrol controlled-access facilities. (ii) In adopting the rules described in subdivision (h)(1)(C)(i) of this section, the director at a minimum shall take into consideration the following factors: (a) Public safety; (b) Training of the law enforcement officers; (c) Size of the law enforcement agency; (d) Financial impact; (e) Abuse of police power; and (f) The types of roadways or highways that are controlled-access facilities for purposes of this section. (2) The following law enforcement officers may patrol any service roads that are within their jurisdiction situated adjacent to controlled-access facilities: (A) A municipal police officer; (B) An officer established under § 14-42-401 et seq. [repealed]; (C) A city marshal; and (D) A constable. (3) This subsection shall not prohibit a municipal police officer, an officer established under § 14-42-401 et seq. [repealed], a city marshal, or a constable from responding to an accident or other emergency on a controlled-access facility. Amended by Act 2023, No. 841,§ 8, eff. 7/1/2023. Amended by Act 2019, No. 315,§ 847, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 846, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 5765, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 5764, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 5763, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 5762, eff. 7/1/2019. Acts 1945, No. 231, §§ 7, 8; 1963, No. 133, § 1; A.S.A. 1947, §§ 42-407, 42-408; Acts 1987, No. 509, § 1; 1997, No. 1240, § 7; 2001, No. 254, § 1; 2001, No. 441, § 1; 2001, No. 1697, § 4; 2007, No. 371, § 1; 2011, No. 741, § 1.

(a) (1) It shall be the duty of the Division of Arkansas State Police to: (A) Patrol the public highways, make arrests, and enforce the laws of this state relating to motor vehicles and the use of the state highways; (B) Establish, maintain, and enforce a towing rotation list to assist in clearing highways of motor vehicles which have been involved in accidents or abandoned; (C) Assist in the collection of delinquent motor vehicle license taxes and the collection of gasoline and other taxes that are required by law; and (D) Determine when, if possible, a person or persons are the cause of injury to any state highway or other state property and arrest all persons criminally responsible for injury to any state highway or other state property and bring them before the proper officer for trial. (2) The Director of the Division of Arkansas State Police may promulgate necessary rules to carry out the purpose and intent of subdivision (a)(1)(B) of this section.

(1) It shall be the duty of the Division of Arkansas State Police to: (A) Patrol the public highways, make arrests, and enforce the laws of this state relating to motor vehicles and the use of the state highways; (B) Establish, maintain, and enforce a towing rotation list to assist in clearing highways of motor vehicles which have been involved in accidents or abandoned; (C) Assist in the collection of delinquent motor vehicle license taxes and the collection of gasoline and other taxes that are required by law; and (D) Determine when, if possible, a person or persons are the cause of injury to any state highway or other state property and arrest all persons criminally responsible for injury to any state highway or other state property and bring them before the proper officer for trial.

(A) Patrol the public highways, make arrests, and enforce the laws of this state relating to motor vehicles and the use of the state highways;

(B) Establish, maintain, and enforce a towing rotation list to assist in clearing highways of motor vehicles which have been involved in accidents or abandoned;

(C) Assist in the collection of delinquent motor vehicle license taxes and the collection of gasoline and other taxes that are required by law; and

(D) Determine when, if possible, a person or persons are the cause of injury to any state highway or other state property and arrest all persons criminally responsible for injury to any state highway or other state property and bring them before the proper officer for trial.

(2) The Director of the Division of Arkansas State Police may promulgate necessary rules to carry out the purpose and intent of subdivision (a)(1)(B) of this section.

(b) The Division of Arkansas State Police shall be conservators of the peace and as such shall have the powers possessed by police officers in cities and county sheriffs in counties, except that the Division of Arkansas State Police may exercise such powers anywhere in this state.

(c) The Division of Arkansas State Police shall have the authority to establish a Crimes Against Children Division, either through transfer or by contract, to conduct child abuse investigations, to administer the Child Abuse Hotline, and, when consistent with rules promulgated by the Division of Arkansas State Police, to provide training and technical assistance to local law enforcement in conducting child abuse investigations.

(d) The police officers shall assist in fire investigations as the director may direct and shall be subject to the call of the circuit courts of the state and the Governor.

(e) However, this chapter shall not be construed so as to take away any authority of the regularly constituted peace officers in the state, but the Division of Arkansas State Police shall cooperate with them in the enforcement of the criminal laws of the state and assist such officers either in the enforcement of the law or apprehension of criminals.

(f) Nothing in this chapter shall be construed as to authorize any officer of the Division of Arkansas State Police to serve writs unless they are specifically directed to the Division of Arkansas State Police, or an officer thereof, by the issuing authority.

(g) No officer or member of the Division of Arkansas State Police shall ever be used in performing police duties on private property in connection with any strike, lockout, or other industrial disturbance.

(h) (1) (A) The following law enforcement officers are prohibited from patrolling controlled-access facilities except as may be authorized by the director: (i) A municipal police officer; (ii) An officer established under § 14-42-401 et seq. [repealed]; (iii) A city marshal; and (iv) A constable. (B) The director may withdraw any previously issued authorization to patrol controlled-access facilities. (C) (i) The director shall promulgate rules in accordance with the Arkansas Administrative Procedure Act, § 25-15-201 et seq., to establish criteria for granting or withdrawing authorization to patrol controlled-access facilities. (ii) In adopting the rules described in subdivision (h)(1)(C)(i) of this section, the director at a minimum shall take into consideration the following factors: (a) Public safety; (b) Training of the law enforcement officers; (c) Size of the law enforcement agency; (d) Financial impact; (e) Abuse of police power; and (f) The types of roadways or highways that are controlled-access facilities for purposes of this section. (2) The following law enforcement officers may patrol any service roads that are within their jurisdiction situated adjacent to controlled-access facilities: (A) A municipal police officer; (B) An officer established under § 14-42-401 et seq. [repealed]; (C) A city marshal; and (D) A constable. (3) This subsection shall not prohibit a municipal police officer, an officer established under § 14-42-401 et seq. [repealed], a city marshal, or a constable from responding to an accident or other emergency on a controlled-access facility.

(1) (A) The following law enforcement officers are prohibited from patrolling controlled-access facilities except as may be authorized by the director: (i) A municipal police officer; (ii) An officer established under § 14-42-401 et seq. [repealed]; (iii) A city marshal; and (iv) A constable. (B) The director may withdraw any previously issued authorization to patrol controlled-access facilities. (C) (i) The director shall promulgate rules in accordance with the Arkansas Administrative Procedure Act, § 25-15-201 et seq., to establish criteria for granting or withdrawing authorization to patrol controlled-access facilities. (ii) In adopting the rules described in subdivision (h)(1)(C)(i) of this section, the director at a minimum shall take into consideration the following factors: (a) Public safety; (b) Training of the law enforcement officers; (c) Size of the law enforcement agency; (d) Financial impact; (e) Abuse of police power; and (f) The types of roadways or highways that are controlled-access facilities for purposes of this section.

(A) The following law enforcement officers are prohibited from patrolling controlled-access facilities except as may be authorized by the director: (i) A municipal police officer; (ii) An officer established under § 14-42-401 et seq. [repealed]; (iii) A city marshal; and (iv) A constable.

(i) A municipal police officer;

(ii) An officer established under § 14-42-401 et seq. [repealed];

(iii) A city marshal; and

(iv) A constable.

(B) The director may withdraw any previously issued authorization to patrol controlled-access facilities.

(C) (i) The director shall promulgate rules in accordance with the Arkansas Administrative Procedure Act, § 25-15-201 et seq., to establish criteria for granting or withdrawing authorization to patrol controlled-access facilities. (ii) In adopting the rules described in subdivision (h)(1)(C)(i) of this section, the director at a minimum shall take into consideration the following factors: (a) Public safety; (b) Training of the law enforcement officers; (c) Size of the law enforcement agency; (d) Financial impact; (e) Abuse of police power; and (f) The types of roadways or highways that are controlled-access facilities for purposes of this section.

(i) The director shall promulgate rules in accordance with the Arkansas Administrative Procedure Act, § 25-15-201 et seq., to establish criteria for granting or withdrawing authorization to patrol controlled-access facilities.

(ii) In adopting the rules described in subdivision (h)(1)(C)(i) of this section, the director at a minimum shall take into consideration the following factors: (a) Public safety; (b) Training of the law enforcement officers; (c) Size of the law enforcement agency; (d) Financial impact; (e) Abuse of police power; and (f) The types of roadways or highways that are controlled-access facilities for purposes of this section.

(a) Public safety;

(b) Training of the law enforcement officers;

(c) Size of the law enforcement agency;

(d) Financial impact;

(e) Abuse of police power; and

(f) The types of roadways or highways that are controlled-access facilities for purposes of this section.

(2) The following law enforcement officers may patrol any service roads that are within their jurisdiction situated adjacent to controlled-access facilities: (A) A municipal police officer; (B) An officer established under § 14-42-401 et seq. [repealed]; (C) A city marshal; and (D) A constable.

(A) A municipal police officer;

(B) An officer established under § 14-42-401 et seq. [repealed];

(C) A city marshal; and

(D) A constable.

(3) This subsection shall not prohibit a municipal police officer, an officer established under § 14-42-401 et seq. [repealed], a city marshal, or a constable from responding to an accident or other emergency on a controlled-access facility.

Amended by Act 2023, No. 841,§ 8, eff. 7/1/2023.

Amended by Act 2019, No. 315,§ 847, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 846, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 5765, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 5764, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 5763, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 5762, eff. 7/1/2019.

Acts 1945, No. 231, §§ 7, 8; 1963, No. 133, § 1; A.S.A. 1947, §§ 42-407, 42-408; Acts 1987, No. 509, § 1; 1997, No. 1240, § 7; 2001, No. 254, § 1; 2001, No. 441, § 1; 2001, No. 1697, § 4; 2007, No. 371, § 1; 2011, No. 741, § 1.
Ark. Code Ann. § 12-18-613 — AR Code / Title 12 / Chapter 18 / Subchapter 6 / Section 12-18-613
Access to miscellaneous records
Status: in_force

Upon request by a person conducting an investigation under this chapter, a school, day care center, child care facility, residential facility, residential treatment facility, or similar institution shall provide the person conducting the investigation with: (1) The name, date of birth, Social Security number, and last known address and phone number of any person identified as an alleged offender if the alleged child maltreatment occurred at that school, center, or facility; and (2) The name and address of any witness to the alleged child maltreatment if the alleged child maltreatment occurred at that school, center, or facility. Acts 2009, No. 749, § 1.

Upon request by a person conducting an investigation under this chapter, a school, day care center, child care facility, residential facility, residential treatment facility, or similar institution shall provide the person conducting the investigation with:

(1) The name, date of birth, Social Security number, and last known address and phone number of any person identified as an alleged offender if the alleged child maltreatment occurred at that school, center, or facility; and

(2) The name and address of any witness to the alleged child maltreatment if the alleged child maltreatment occurred at that school, center, or facility.

Acts 2009, No. 749, § 1.
Ark. Code Ann. § 12-12-923 — AR Code / Title 12 / Chapter 12 / Subchapter 9 / Section 12-12-923
Electronic monitoring of sex offenders
Status: in_force

(a) (1) Upon release from incarceration, a sex offender determined to be a sexually dangerous person whose crime was committed after April 7, 2006, is subject to electronic monitoring for a period of not less than ten (10) years from the date of the sex offender's release. (2) Within three (3) days after release from incarceration, a sex offender subject to electronic monitoring under subdivision (a)(1) of this section shall: (A) Report to the agency responsible under § 12-12-915 for supervising the sex offender; and (B) Submit to the placement of electronic monitoring equipment upon his or her body. (b) The agency responsible under § 12-12-915 for supervising the sex offender subject to electronic monitoring shall: (1) Use a system that actively monitors and identifies the sex offender's location and timely reports or records his or her presence near or within a crime scene or in a prohibited area or his or her departure from specified geographic limitations; and (2) Contact the local law enforcement agency having jurisdiction as soon as administratively feasible if the sex offender is in a prohibited area. (c) (1) (A) Unless a sex offender subject to electronic monitoring is indigent, he or she is required to reimburse the supervising agency a reasonable fee to defray the supervision costs. (B) (i) (a) A sex offender who claims to be indigent shall provide a completed certificate of indigency to the supervising agency. (b) The supervising agency may at any time review and redetermine whether a sex offender is indigent. (ii) The certificate of indigency shall: (a) Be in a form approved by the supervising agency; (b) Be executed under oath by the sex offender; and (c) State in bold print that a false statement is punishable as a Class D felony. (2) (A) The supervising agency shall determine the amount to be paid by a sex offender based on his or her financial means and ability to pay. (B) However, the amount under subdivision (c)(2)(A) of this section shall not exceed fifteen dollars ($15.00) per day. (d) A sex offender subject to electronic monitoring who violates subdivision (a)(2) of this section upon conviction is guilty of a Class C felony. (e) (1) A person who knowingly alters, tampers with, damages, or destroys any electronic monitoring equipment worn by a sexually dangerous person under this section upon conviction is guilty of a Class C felony. (2) Subdivision (e)(1) of this section does not apply to the owner of the electronic monitoring equipment or an agent of the owner performing ordinary maintenance or repairs to the electronic monitoring equipment. Amended by Act 2013, No. 505,§ 21, eff. 8/16/2013. Amended by Act 2013, No. 505,§ 20, eff. 8/16/2013. Acts 2006 (1st Ex. Sess.), No. 4, § 7.

(a) (1) Upon release from incarceration, a sex offender determined to be a sexually dangerous person whose crime was committed after April 7, 2006, is subject to electronic monitoring for a period of not less than ten (10) years from the date of the sex offender's release. (2) Within three (3) days after release from incarceration, a sex offender subject to electronic monitoring under subdivision (a)(1) of this section shall: (A) Report to the agency responsible under § 12-12-915 for supervising the sex offender; and (B) Submit to the placement of electronic monitoring equipment upon his or her body.

(1) Upon release from incarceration, a sex offender determined to be a sexually dangerous person whose crime was committed after April 7, 2006, is subject to electronic monitoring for a period of not less than ten (10) years from the date of the sex offender's release.

(2) Within three (3) days after release from incarceration, a sex offender subject to electronic monitoring under subdivision (a)(1) of this section shall: (A) Report to the agency responsible under § 12-12-915 for supervising the sex offender; and (B) Submit to the placement of electronic monitoring equipment upon his or her body.

(A) Report to the agency responsible under § 12-12-915 for supervising the sex offender; and

(B) Submit to the placement of electronic monitoring equipment upon his or her body.

(b) The agency responsible under § 12-12-915 for supervising the sex offender subject to electronic monitoring shall: (1) Use a system that actively monitors and identifies the sex offender's location and timely reports or records his or her presence near or within a crime scene or in a prohibited area or his or her departure from specified geographic limitations; and (2) Contact the local law enforcement agency having jurisdiction as soon as administratively feasible if the sex offender is in a prohibited area.

(1) Use a system that actively monitors and identifies the sex offender's location and timely reports or records his or her presence near or within a crime scene or in a prohibited area or his or her departure from specified geographic limitations; and

(2) Contact the local law enforcement agency having jurisdiction as soon as administratively feasible if the sex offender is in a prohibited area.

(c) (1) (A) Unless a sex offender subject to electronic monitoring is indigent, he or she is required to reimburse the supervising agency a reasonable fee to defray the supervision costs. (B) (i) (a) A sex offender who claims to be indigent shall provide a completed certificate of indigency to the supervising agency. (b) The supervising agency may at any time review and redetermine whether a sex offender is indigent. (ii) The certificate of indigency shall: (a) Be in a form approved by the supervising agency; (b) Be executed under oath by the sex offender; and (c) State in bold print that a false statement is punishable as a Class D felony. (2) (A) The supervising agency shall determine the amount to be paid by a sex offender based on his or her financial means and ability to pay. (B) However, the amount under subdivision (c)(2)(A) of this section shall not exceed fifteen dollars ($15.00) per day.

(1) (A) Unless a sex offender subject to electronic monitoring is indigent, he or she is required to reimburse the supervising agency a reasonable fee to defray the supervision costs. (B) (i) (a) A sex offender who claims to be indigent shall provide a completed certificate of indigency to the supervising agency. (b) The supervising agency may at any time review and redetermine whether a sex offender is indigent. (ii) The certificate of indigency shall: (a) Be in a form approved by the supervising agency; (b) Be executed under oath by the sex offender; and (c) State in bold print that a false statement is punishable as a Class D felony.

(A) Unless a sex offender subject to electronic monitoring is indigent, he or she is required to reimburse the supervising agency a reasonable fee to defray the supervision costs.

(B) (i) (a) A sex offender who claims to be indigent shall provide a completed certificate of indigency to the supervising agency. (b) The supervising agency may at any time review and redetermine whether a sex offender is indigent. (ii) The certificate of indigency shall: (a) Be in a form approved by the supervising agency; (b) Be executed under oath by the sex offender; and (c) State in bold print that a false statement is punishable as a Class D felony.

(i) (a) A sex offender who claims to be indigent shall provide a completed certificate of indigency to the supervising agency. (b) The supervising agency may at any time review and redetermine whether a sex offender is indigent.

(a) A sex offender who claims to be indigent shall provide a completed certificate of indigency to the supervising agency.

(b) The supervising agency may at any time review and redetermine whether a sex offender is indigent.

(ii) The certificate of indigency shall: (a) Be in a form approved by the supervising agency; (b) Be executed under oath by the sex offender; and (c) State in bold print that a false statement is punishable as a Class D felony.

(a) Be in a form approved by the supervising agency;

(b) Be executed under oath by the sex offender; and

(c) State in bold print that a false statement is punishable as a Class D felony.

(2) (A) The supervising agency shall determine the amount to be paid by a sex offender based on his or her financial means and ability to pay. (B) However, the amount under subdivision (c)(2)(A) of this section shall not exceed fifteen dollars ($15.00) per day.

(A) The supervising agency shall determine the amount to be paid by a sex offender based on his or her financial means and ability to pay.

(B) However, the amount under subdivision (c)(2)(A) of this section shall not exceed fifteen dollars ($15.00) per day.

(d) A sex offender subject to electronic monitoring who violates subdivision (a)(2) of this section upon conviction is guilty of a Class C felony.

(e) (1) A person who knowingly alters, tampers with, damages, or destroys any electronic monitoring equipment worn by a sexually dangerous person under this section upon conviction is guilty of a Class C felony. (2) Subdivision (e)(1) of this section does not apply to the owner of the electronic monitoring equipment or an agent of the owner performing ordinary maintenance or repairs to the electronic monitoring equipment.

(1) A person who knowingly alters, tampers with, damages, or destroys any electronic monitoring equipment worn by a sexually dangerous person under this section upon conviction is guilty of a Class C felony.

(2) Subdivision (e)(1) of this section does not apply to the owner of the electronic monitoring equipment or an agent of the owner performing ordinary maintenance or repairs to the electronic monitoring equipment.

Amended by Act 2013, No. 505,§ 21, eff. 8/16/2013.

Amended by Act 2013, No. 505,§ 20, eff. 8/16/2013.

Acts 2006 (1st Ex. Sess.), No. 4, § 7.
Ark. Code Ann. § 12-27-150 — AR Code / Title 12 / Chapter 27 / Subchapter 1 / Section 12-27-150
Death benefit
Status: in_force

(a) Subject to the approval of the Board of Corrections, the Secretary of the Department of Corrections may authorize the payment of a death benefit from special revenues held by the Department of Corrections or its various divisions to any department employee killed in the line of duty. (b) The amount of the death benefit shall not exceed five thousand dollars ($5,000). (c) The secretary shall promulgate any rules necessary to implement this section. (d) Funds distributed under this section are subject to audit by Arkansas Legislative Audit. Added by Act 2022, No. 203,§ 47, eff. 7/1/2022.

(a) Subject to the approval of the Board of Corrections, the Secretary of the Department of Corrections may authorize the payment of a death benefit from special revenues held by the Department of Corrections or its various divisions to any department employee killed in the line of duty.

(b) The amount of the death benefit shall not exceed five thousand dollars ($5,000).

(c) The secretary shall promulgate any rules necessary to implement this section.

(d) Funds distributed under this section are subject to audit by Arkansas Legislative Audit.

Added by Act 2022, No. 203,§ 47, eff. 7/1/2022.
Ark. Code Ann. § 12-18-712 — AR Code / Title 12 / Chapter 18 / Subchapter 7 / Section 12-18-712
Mental health services for alleged sex offenders under eighteen years of age and the victim
Status: in_force

(a) If an investigative determination of a report under this chapter was determined true and the alleged sex offender is a child under eighteen (18) years of age at the time the act or omission occurred, the alleged sex offender and the victim shall be referred for mental health services, including a mental health evaluation and treatment if determined necessary by a mental health professional. (b) The Department of Human Services and the Department of Arkansas State Police shall: (1) Provide the parents or legal guardians of the alleged sex offender and the victim with a list of the mental health professionals or agencies available to evaluate and treat the alleged sex offender and the victim, if necessary; and (2) Assist the parents or legal guardians of the alleged sex offender and the victim with a referral for a mental health evaluation, if necessary. Amended by Act 2015, No. 1004,§ 25, eff. 7/22/2015. Added by Act 2013, No. 1200,§ 1, eff. 8/16/2013.

(a) If an investigative determination of a report under this chapter was determined true and the alleged sex offender is a child under eighteen (18) years of age at the time the act or omission occurred, the alleged sex offender and the victim shall be referred for mental health services, including a mental health evaluation and treatment if determined necessary by a mental health professional.

(b) The Department of Human Services and the Department of Arkansas State Police shall: (1) Provide the parents or legal guardians of the alleged sex offender and the victim with a list of the mental health professionals or agencies available to evaluate and treat the alleged sex offender and the victim, if necessary; and (2) Assist the parents or legal guardians of the alleged sex offender and the victim with a referral for a mental health evaluation, if necessary.

(1) Provide the parents or legal guardians of the alleged sex offender and the victim with a list of the mental health professionals or agencies available to evaluate and treat the alleged sex offender and the victim, if necessary; and

(2) Assist the parents or legal guardians of the alleged sex offender and the victim with a referral for a mental health evaluation, if necessary.

Amended by Act 2015, No. 1004,§ 25, eff. 7/22/2015.

Added by Act 2013, No. 1200,§ 1, eff. 8/16/2013.
Ark. Code Ann. § 12-6-601 — AR Code / Title 12 / Chapter 6 / Subchapter 6 / Section 12-6-601
Local criminal justice coordinating committees
Status: in_force

(a) The General Assembly finds that the investment of state or federal funding for the operation of a crisis stabilization unit under the Behavioral Health Crisis Intervention Protocol Act of 2017, § 20-47-801 et seq., necessitates efficient expenditure of the state or federal funds. (b) The General Assembly encourages the establishment of local criminal justice coordinating committees composed of local judges, local corrections officials, the prosecuting attorney, law enforcement officials, county officials, medical professionals, and mental health professionals. (c) A local criminal justice coordinating committee may be created under this section and shall: (1) Periodically review data and records of local and regional detention facilities collected under § 12-12-219 and data concerning a local crisis intervention team and crisis stabilization unit, when applicable; (2) Assist in the access and transfer of data described under subdivision (c)(1) of this section; and (3) Recommend protocols for the efficient and effective use of local criminal justice resources, and a crisis intervention team or crisis stabilization unit, when applicable. Added by Act 2017, No. 423,§ 6, eff. 8/1/2017.

(a) The General Assembly finds that the investment of state or federal funding for the operation of a crisis stabilization unit under the Behavioral Health Crisis Intervention Protocol Act of 2017, § 20-47-801 et seq., necessitates efficient expenditure of the state or federal funds.

(b) The General Assembly encourages the establishment of local criminal justice coordinating committees composed of local judges, local corrections officials, the prosecuting attorney, law enforcement officials, county officials, medical professionals, and mental health professionals.

(c) A local criminal justice coordinating committee may be created under this section and shall: (1) Periodically review data and records of local and regional detention facilities collected under § 12-12-219 and data concerning a local crisis intervention team and crisis stabilization unit, when applicable; (2) Assist in the access and transfer of data described under subdivision (c)(1) of this section; and (3) Recommend protocols for the efficient and effective use of local criminal justice resources, and a crisis intervention team or crisis stabilization unit, when applicable.

(1) Periodically review data and records of local and regional detention facilities collected under § 12-12-219 and data concerning a local crisis intervention team and crisis stabilization unit, when applicable;

(2) Assist in the access and transfer of data described under subdivision (c)(1) of this section; and

(3) Recommend protocols for the efficient and effective use of local criminal justice resources, and a crisis intervention team or crisis stabilization unit, when applicable.

Added by Act 2017, No. 423,§ 6, eff. 8/1/2017.
Ark. Code Ann. § 12-12-1704 — AR Code / Title 12 / Chapter 12 / Subchapter 17 / Section 12-12-1704
Spiritual treatment alone not abusive
Status: in_force

Nothing in this subchapter shall be construed to mean that an endangered person or an impaired person who is being furnished with treatment by spiritual means alone through prayer in accordance with the tenets and practices of a recognized church or religious denomination by an accredited practitioner of the church or religious denomination is for that reason alone an endangered person or an impaired person. Acts 2005, No. 1812, § 1.

Nothing in this subchapter shall be construed to mean that an endangered person or an impaired person who is being furnished with treatment by spiritual means alone through prayer in accordance with the tenets and practices of a recognized church or religious denomination by an accredited practitioner of the church or religious denomination is for that reason alone an endangered person or an impaired person.

Acts 2005, No. 1812, § 1.
Ark. Code Ann. § 12-75-114 — AR Code / Title 12 / Chapter 75 / Subchapter 1 / Section 12-75-114
Governor - Disaster emergency responsibilities
Status: in_force

(a) The Governor is responsible for meeting and mitigating, to the maximum extent possible, dangers to the people and property of the state presented or threatened by disasters. (b) (1) Under this chapter, the Governor may issue executive orders, proclamations, and rules and amend or rescind them. (2) Executive orders, proclamations, and regulations have the force and effect of law. (c) (1) There is created within the office of the Governor a disaster response and recovery fund and a hazard mitigation fund, which are separate and apart from the Governor's standard emergency fund. (2) The amount of the disaster response and recovery fund shall be ten million two hundred fifty thousand dollars ($10,250,000) for use to defray the cost of immediate emergency response. (3) The amount of the hazard mitigation fund shall be six million dollars ($6,000,000), solely for use in hazard mitigation assistance. (4) The Governor's disaster response and recovery fund may be increased from time to time at the discretion of the Governor. (5) Expenditures from the disaster response and recovery fund may only be made in the event of a disaster as defined in § 12-75-103 and only upon proclamation by the Governor. (6) Expenditures from the disaster response and recovery fund shall be made by executive order of the Governor, upon recommendation and verification by the Director of the Division of Emergency Management, and may only be made to defray immediate costs associated with response activities by emergency forces of state and local governments and private nonprofit forces duly registered in accordance with § 12-75-129 . (7) (A) Expenditures from the hazard mitigation fund shall be made by executive order of the Governor. (B) The director shall establish and maintain a current hazard vulnerability analysis of key critical public facilities eligible for assistance under the Governor's hazard mitigation fund. (d) (1) During the continuance of any state of disaster emergency, the Governor is Commander-in-Chief of all forces available for emergency duty. (2) To the greatest extent practicable, the Governor shall delegate or assign operational control by prior arrangement embodied in appropriate executive orders or rules, but nothing in this section restricts the Governor's authority to do so by orders issued at the time of the disaster emergency. (e) In addition to any other powers conferred upon the Governor by law, the Governor may: (1) Suspend the provisions of any regulatory statutes prescribing the procedures for conduct of state business, or the orders or rules of any state agency, if strict compliance with the provisions of any statute, order, or rule would in any way prevent, hinder, or delay necessary action in coping with the emergency; (2) Utilize all available resources of the state government and of each political subdivision of the state as reasonably necessary to cope with the disaster emergency; (3) Transfer the direction, personnel, or functions of state departments and agencies or units of state departments and agencies for the purpose of performing or facilitating emergency management; (4) Subject to any applicable requirements for compensation under § 12-75-124 , commandeer or utilize any private property if he or she finds this necessary to cope with the disaster emergency; (5) Direct and compel the evacuation of all or part of the population from any stricken or threatened area within the state if the Governor deems this action necessary for the preservation of life or other disaster mitigation, response, or recovery; (6) Prescribe routes, modes of transportation, and destinations in connection with evacuation; (7) (A) Control ingress and egress to and from a disaster area, the movement of persons within the area, and the occupancy of premises therein. (B) This chapter does not permit the Governor to prohibit members of the General Assembly from accessing the seat of government; (8) Suspend or limit the sale, dispensing, or transportation of alcoholic beverages, explosives, and combustibles; and (9) Make provision for the availability and use of temporary emergency housing. (f) (1) An executive order or proclamation issued to meet or mitigate dangers to the people and property of the state presented or threatened by a statewide state of disaster emergency related to public health under § 12-75-107(g) : (A) Shall be in effect for the remaining duration of the statewide state of disaster emergency related to public health; and (B) Except as provided in subdivision (f)(3) of this section, shall be submitted to the Legislative Council for review. (2) (A) If the Governor seeks to renew a statewide state of disaster emergency related to public health under § 12-75-107(g) , he or she may also request the renewal of an executive order or proclamation under subdivision (f)(1) of this section. (B) If the Governor requests the renewal of more than one (1) executive order or proclamation under subdivision (f)(2)(A) of this section, the Legislative Council may consider each executive order or proclamation individually. (C) If the Legislative Council does not deny the Governor's request to renew the executive order or proclamation by a majority vote of a quorum present prior to the expiration of the statewide state of disaster emergency related to public health, the executive order or proclamation shall be renewed for the same time period as the statewide state of disaster emergency related to public health. (3) (A) If the Governor issues an executive order or proclamation to meet or mitigate dangers to the people and property of the state presented or threatened by a statewide state of disaster emergency related to public health after a statewide state of disaster emergency related to public health has been renewed under § 12-75-107(g)(3) , the executive order or proclamation is subject to termination by the Legislative Council. (B) (i) An executive order or proclamation issued under subdivision (f)(3)(A) of this section shall become effective immediately upon its issuance by the Governor and shall remain in effect unless the Legislative Council, by a majority vote of a quorum present, votes to terminate the executive order or proclamation. (ii) If the Governor issues more than one (1) executive order or proclamation under subdivision (f)(3)(A) of this section, the Legislative Council may consider each executive order or proclamation individually. (C) If the Legislative Council does not terminate an executive order or proclamation under this subsection, the executive order or proclamation shall expire when the statewide state of disaster emergency declared for public health purposes expires or is terminated. (4) (A) The Legislative Council may meet at any time to perform its duties under this subsection, including without limitation during a regular session, fiscal session, or extraordinary session of the General Assembly. (B) The duties of the Legislative Council under this subsection shall not be delegated to a subset of the membership of the Legislative Council, including without limitation a subcommittee of the Legislative Council. (C) The Legislative Council may adopt rules concerning the performance of its duties under this section. Amended by Act 2021, No. 403,§ 4, eff. 3/19/2021. Amended by Act 2021, No. 403,§ 3, eff. 3/19/2021. Amended by Act 2021, No. 372,§ 1, eff. 7/28/2021. Amended by Act 2019, No. 315,§ 969, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 968, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 967, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 5882, eff. 7/1/2019. Amended by Act 2013, No. 547,§ 1, eff. 8/16/2013. Acts 1973, No. 511, § 8; 1985, No. 629, § 2; A.S.A. 1947, § 11-1941; Acts 1993, No. 1049, § 3; 1995, No. 116, § 2; 1999, No. 449, § 7; 1999, No. 646, §§ 20, 21; 2001, No. 1278, § 4; 2007, No. 1290, § 86; 2009, No. 165, §§ 38, 39.

(a) The Governor is responsible for meeting and mitigating, to the maximum extent possible, dangers to the people and property of the state presented or threatened by disasters.

(b) (1) Under this chapter, the Governor may issue executive orders, proclamations, and rules and amend or rescind them. (2) Executive orders, proclamations, and regulations have the force and effect of law.

(1) Under this chapter, the Governor may issue executive orders, proclamations, and rules and amend or rescind them.

(2) Executive orders, proclamations, and regulations have the force and effect of law.

(c) (1) There is created within the office of the Governor a disaster response and recovery fund and a hazard mitigation fund, which are separate and apart from the Governor's standard emergency fund. (2) The amount of the disaster response and recovery fund shall be ten million two hundred fifty thousand dollars ($10,250,000) for use to defray the cost of immediate emergency response. (3) The amount of the hazard mitigation fund shall be six million dollars ($6,000,000), solely for use in hazard mitigation assistance. (4) The Governor's disaster response and recovery fund may be increased from time to time at the discretion of the Governor. (5) Expenditures from the disaster response and recovery fund may only be made in the event of a disaster as defined in § 12-75-103 and only upon proclamation by the Governor. (6) Expenditures from the disaster response and recovery fund shall be made by executive order of the Governor, upon recommendation and verification by the Director of the Division of Emergency Management, and may only be made to defray immediate costs associated with response activities by emergency forces of state and local governments and private nonprofit forces duly registered in accordance with § 12-75-129 . (7) (A) Expenditures from the hazard mitigation fund shall be made by executive order of the Governor. (B) The director shall establish and maintain a current hazard vulnerability analysis of key critical public facilities eligible for assistance under the Governor's hazard mitigation fund.

(1) There is created within the office of the Governor a disaster response and recovery fund and a hazard mitigation fund, which are separate and apart from the Governor's standard emergency fund.

(2) The amount of the disaster response and recovery fund shall be ten million two hundred fifty thousand dollars ($10,250,000) for use to defray the cost of immediate emergency response.

(3) The amount of the hazard mitigation fund shall be six million dollars ($6,000,000), solely for use in hazard mitigation assistance.

(4) The Governor's disaster response and recovery fund may be increased from time to time at the discretion of the Governor.

(5) Expenditures from the disaster response and recovery fund may only be made in the event of a disaster as defined in § 12-75-103 and only upon proclamation by the Governor.

(6) Expenditures from the disaster response and recovery fund shall be made by executive order of the Governor, upon recommendation and verification by the Director of the Division of Emergency Management, and may only be made to defray immediate costs associated with response activities by emergency forces of state and local governments and private nonprofit forces duly registered in accordance with § 12-75-129 .

(7) (A) Expenditures from the hazard mitigation fund shall be made by executive order of the Governor. (B) The director shall establish and maintain a current hazard vulnerability analysis of key critical public facilities eligible for assistance under the Governor's hazard mitigation fund.

(A) Expenditures from the hazard mitigation fund shall be made by executive order of the Governor.

(B) The director shall establish and maintain a current hazard vulnerability analysis of key critical public facilities eligible for assistance under the Governor's hazard mitigation fund.

(d) (1) During the continuance of any state of disaster emergency, the Governor is Commander-in-Chief of all forces available for emergency duty. (2) To the greatest extent practicable, the Governor shall delegate or assign operational control by prior arrangement embodied in appropriate executive orders or rules, but nothing in this section restricts the Governor's authority to do so by orders issued at the time of the disaster emergency.

(1) During the continuance of any state of disaster emergency, the Governor is Commander-in-Chief of all forces available for emergency duty.

(2) To the greatest extent practicable, the Governor shall delegate or assign operational control by prior arrangement embodied in appropriate executive orders or rules, but nothing in this section restricts the Governor's authority to do so by orders issued at the time of the disaster emergency.

(e) In addition to any other powers conferred upon the Governor by law, the Governor may: (1) Suspend the provisions of any regulatory statutes prescribing the procedures for conduct of state business, or the orders or rules of any state agency, if strict compliance with the provisions of any statute, order, or rule would in any way prevent, hinder, or delay necessary action in coping with the emergency; (2) Utilize all available resources of the state government and of each political subdivision of the state as reasonably necessary to cope with the disaster emergency; (3) Transfer the direction, personnel, or functions of state departments and agencies or units of state departments and agencies for the purpose of performing or facilitating emergency management; (4) Subject to any applicable requirements for compensation under § 12-75-124 , commandeer or utilize any private property if he or she finds this necessary to cope with the disaster emergency; (5) Direct and compel the evacuation of all or part of the population from any stricken or threatened area within the state if the Governor deems this action necessary for the preservation of life or other disaster mitigation, response, or recovery; (6) Prescribe routes, modes of transportation, and destinations in connection with evacuation; (7) (A) Control ingress and egress to and from a disaster area, the movement of persons within the area, and the occupancy of premises therein. (B) This chapter does not permit the Governor to prohibit members of the General Assembly from accessing the seat of government; (8) Suspend or limit the sale, dispensing, or transportation of alcoholic beverages, explosives, and combustibles; and (9) Make provision for the availability and use of temporary emergency housing.

(1) Suspend the provisions of any regulatory statutes prescribing the procedures for conduct of state business, or the orders or rules of any state agency, if strict compliance with the provisions of any statute, order, or rule would in any way prevent, hinder, or delay necessary action in coping with the emergency;

(2) Utilize all available resources of the state government and of each political subdivision of the state as reasonably necessary to cope with the disaster emergency;

(3) Transfer the direction, personnel, or functions of state departments and agencies or units of state departments and agencies for the purpose of performing or facilitating emergency management;

(4) Subject to any applicable requirements for compensation under § 12-75-124 , commandeer or utilize any private property if he or she finds this necessary to cope with the disaster emergency;

(5) Direct and compel the evacuation of all or part of the population from any stricken or threatened area within the state if the Governor deems this action necessary for the preservation of life or other disaster mitigation, response, or recovery;

(6) Prescribe routes, modes of transportation, and destinations in connection with evacuation;

(7) (A) Control ingress and egress to and from a disaster area, the movement of persons within the area, and the occupancy of premises therein. (B) This chapter does not permit the Governor to prohibit members of the General Assembly from accessing the seat of government;

(A) Control ingress and egress to and from a disaster area, the movement of persons within the area, and the occupancy of premises therein.

(B) This chapter does not permit the Governor to prohibit members of the General Assembly from accessing the seat of government;

(8) Suspend or limit the sale, dispensing, or transportation of alcoholic beverages, explosives, and combustibles; and

(9) Make provision for the availability and use of temporary emergency housing.

(f) (1) An executive order or proclamation issued to meet or mitigate dangers to the people and property of the state presented or threatened by a statewide state of disaster emergency related to public health under § 12-75-107(g) : (A) Shall be in effect for the remaining duration of the statewide state of disaster emergency related to public health; and (B) Except as provided in subdivision (f)(3) of this section, shall be submitted to the Legislative Council for review. (2) (A) If the Governor seeks to renew a statewide state of disaster emergency related to public health under § 12-75-107(g) , he or she may also request the renewal of an executive order or proclamation under subdivision (f)(1) of this section. (B) If the Governor requests the renewal of more than one (1) executive order or proclamation under subdivision (f)(2)(A) of this section, the Legislative Council may consider each executive order or proclamation individually. (C) If the Legislative Council does not deny the Governor's request to renew the executive order or proclamation by a majority vote of a quorum present prior to the expiration of the statewide state of disaster emergency related to public health, the executive order or proclamation shall be renewed for the same time period as the statewide state of disaster emergency related to public health. (3) (A) If the Governor issues an executive order or proclamation to meet or mitigate dangers to the people and property of the state presented or threatened by a statewide state of disaster emergency related to public health after a statewide state of disaster emergency related to public health has been renewed under § 12-75-107(g)(3) , the executive order or proclamation is subject to termination by the Legislative Council. (B) (i) An executive order or proclamation issued under subdivision (f)(3)(A) of this section shall become effective immediately upon its issuance by the Governor and shall remain in effect unless the Legislative Council, by a majority vote of a quorum present, votes to terminate the executive order or proclamation. (ii) If the Governor issues more than one (1) executive order or proclamation under subdivision (f)(3)(A) of this section, the Legislative Council may consider each executive order or proclamation individually. (C) If the Legislative Council does not terminate an executive order or proclamation under this subsection, the executive order or proclamation shall expire when the statewide state of disaster emergency declared for public health purposes expires or is terminated. (4) (A) The Legislative Council may meet at any time to perform its duties under this subsection, including without limitation during a regular session, fiscal session, or extraordinary session of the General Assembly. (B) The duties of the Legislative Council under this subsection shall not be delegated to a subset of the membership of the Legislative Council, including without limitation a subcommittee of the Legislative Council. (C) The Legislative Council may adopt rules concerning the performance of its duties under this section.

(1) An executive order or proclamation issued to meet or mitigate dangers to the people and property of the state presented or threatened by a statewide state of disaster emergency related to public health under § 12-75-107(g) : (A) Shall be in effect for the remaining duration of the statewide state of disaster emergency related to public health; and (B) Except as provided in subdivision (f)(3) of this section, shall be submitted to the Legislative Council for review.

(A) Shall be in effect for the remaining duration of the statewide state of disaster emergency related to public health; and

(B) Except as provided in subdivision (f)(3) of this section, shall be submitted to the Legislative Council for review.

(2) (A) If the Governor seeks to renew a statewide state of disaster emergency related to public health under § 12-75-107(g) , he or she may also request the renewal of an executive order or proclamation under subdivision (f)(1) of this section. (B) If the Governor requests the renewal of more than one (1) executive order or proclamation under subdivision (f)(2)(A) of this section, the Legislative Council may consider each executive order or proclamation individually. (C) If the Legislative Council does not deny the Governor's request to renew the executive order or proclamation by a majority vote of a quorum present prior to the expiration of the statewide state of disaster emergency related to public health, the executive order or proclamation shall be renewed for the same time period as the statewide state of disaster emergency related to public health.

(A) If the Governor seeks to renew a statewide state of disaster emergency related to public health under § 12-75-107(g) , he or she may also request the renewal of an executive order or proclamation under subdivision (f)(1) of this section.

(B) If the Governor requests the renewal of more than one (1) executive order or proclamation under subdivision (f)(2)(A) of this section, the Legislative Council may consider each executive order or proclamation individually.

(C) If the Legislative Council does not deny the Governor's request to renew the executive order or proclamation by a majority vote of a quorum present prior to the expiration of the statewide state of disaster emergency related to public health, the executive order or proclamation shall be renewed for the same time period as the statewide state of disaster emergency related to public health.

(3) (A) If the Governor issues an executive order or proclamation to meet or mitigate dangers to the people and property of the state presented or threatened by a statewide state of disaster emergency related to public health after a statewide state of disaster emergency related to public health has been renewed under § 12-75-107(g)(3) , the executive order or proclamation is subject to termination by the Legislative Council. (B) (i) An executive order or proclamation issued under subdivision (f)(3)(A) of this section shall become effective immediately upon its issuance by the Governor and shall remain in effect unless the Legislative Council, by a majority vote of a quorum present, votes to terminate the executive order or proclamation. (ii) If the Governor issues more than one (1) executive order or proclamation under subdivision (f)(3)(A) of this section, the Legislative Council may consider each executive order or proclamation individually. (C) If the Legislative Council does not terminate an executive order or proclamation under this subsection, the executive order or proclamation shall expire when the statewide state of disaster emergency declared for public health purposes expires or is terminated.

(A) If the Governor issues an executive order or proclamation to meet or mitigate dangers to the people and property of the state presented or threatened by a statewide state of disaster emergency related to public health after a statewide state of disaster emergency related to public health has been renewed under § 12-75-107(g)(3) , the executive order or proclamation is subject to termination by the Legislative Council.

(B) (i) An executive order or proclamation issued under subdivision (f)(3)(A) of this section shall become effective immediately upon its issuance by the Governor and shall remain in effect unless the Legislative Council, by a majority vote of a quorum present, votes to terminate the executive order or proclamation. (ii) If the Governor issues more than one (1) executive order or proclamation under subdivision (f)(3)(A) of this section, the Legislative Council may consider each executive order or proclamation individually.

(i) An executive order or proclamation issued under subdivision (f)(3)(A) of this section shall become effective immediately upon its issuance by the Governor and shall remain in effect unless the Legislative Council, by a majority vote of a quorum present, votes to terminate the executive order or proclamation.

(ii) If the Governor issues more than one (1) executive order or proclamation under subdivision (f)(3)(A) of this section, the Legislative Council may consider each executive order or proclamation individually.

(C) If the Legislative Council does not terminate an executive order or proclamation under this subsection, the executive order or proclamation shall expire when the statewide state of disaster emergency declared for public health purposes expires or is terminated.

(4) (A) The Legislative Council may meet at any time to perform its duties under this subsection, including without limitation during a regular session, fiscal session, or extraordinary session of the General Assembly. (B) The duties of the Legislative Council under this subsection shall not be delegated to a subset of the membership of the Legislative Council, including without limitation a subcommittee of the Legislative Council. (C) The Legislative Council may adopt rules concerning the performance of its duties under this section.

(A) The Legislative Council may meet at any time to perform its duties under this subsection, including without limitation during a regular session, fiscal session, or extraordinary session of the General Assembly.

(B) The duties of the Legislative Council under this subsection shall not be delegated to a subset of the membership of the Legislative Council, including without limitation a subcommittee of the Legislative Council.

(C) The Legislative Council may adopt rules concerning the performance of its duties under this section.

Amended by Act 2021, No. 403,§ 4, eff. 3/19/2021.

Amended by Act 2021, No. 403,§ 3, eff. 3/19/2021.

Amended by Act 2021, No. 372,§ 1, eff. 7/28/2021.

Amended by Act 2019, No. 315,§ 969, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 968, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 967, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 5882, eff. 7/1/2019.

Amended by Act 2013, No. 547,§ 1, eff. 8/16/2013.

Acts 1973, No. 511, § 8; 1985, No. 629, § 2; A.S.A. 1947, § 11-1941; Acts 1993, No. 1049, § 3; 1995, No. 116, § 2; 1999, No. 449, § 7; 1999, No. 646, §§ 20, 21; 2001, No. 1278, § 4; 2007, No. 1290, § 86; 2009, No. 165, §§ 38, 39.
Ark. Code Ann. § 12-12-903 — AR Code / Title 12 / Chapter 12 / Subchapter 9 / Section 12-12-903
Definitions
Status: in_force

As used in this subchapter: (1) "Adjudication of guilt" or other words of similar import mean a: (A) Plea of guilty; (B) Plea of nolo contendere; (C) Negotiated plea; (D) Finding of guilt by a judge; or (E) Finding of guilt by a jury; (2) (A) "Administration of criminal justice" means performing functions of investigation, apprehension, detention, prosecution, adjudication, correctional supervision, or rehabilitation of accused persons or criminal offenders. (B) "Administration of criminal justice" also includes criminal identification activities and the collection, maintenance, and dissemination of criminal justice information; (3) "Aggravated sex offense" means an offense in the Arkansas Code substantially equivalent to "aggravated sexual abuse" as defined in 18 U.S.C. § 2241 as it existed on March 1, 2003, which principally encompasses: (A) Causing another person to engage in a sexual act: (i) By using force against that other person; or (ii) By threatening or placing or attempting to threaten or place that other person in fear that any person will be subjected to death, serious bodily injury, or kidnapping; (B) Knowingly: (i) Rendering another person unconscious and then engaging in a sexual act with that other person; or (ii) Administering to another person by force or threat of force, or without the knowledge or permission of that person, a drug, intoxicant, or similar substance and thereby: (a) Substantially impairing the ability of that other person to appraise or control conduct; and (b) Engaging or attempting to engage in a sexual act with that other person; or (C) Crossing a state line with intent to: (i) Engage or attempt to engage in a sexual act with a person who has not attained twelve (12) years of age; (ii) Knowingly engage or attempt to engage in a sexual act with another person who has not attained twelve (12) years of age; or (iii) Knowingly engage or attempt to engage in a sexual act under the circumstances described in subdivisions (3)(A) and (B) of this section with another person who has attained twelve (12) years of age but has not attained sixteen (16) years of age and is at least four (4) years younger than the alleged offender; (4) "Change of address" or other words of similar import mean a change of residence or a change for more than thirty (30) days of temporary domicile, change of location of employment, education or training, or any other change that alters where a sex offender regularly spends a substantial amount of time; (5) "Criminal justice agency" means a government agency or any subunit thereof which is authorized by law to perform the administration of criminal justice and which allocates more than one-half (1/2) of its annual budget to the administration of criminal justice; (6) "Local law enforcement agency having jurisdiction" means the: (A) Chief law enforcement officer of the municipality in which a sex offender: (i) Resides or expects to reside; (ii) Is employed; or (iii) Is attending an institution of training or education; or (B) County sheriff, if: (i) The municipality does not have a chief law enforcement officer; or (ii) A sex offender resides or expects to reside, is employed, or is attending an institution of training or education in an unincorporated area of a county; (7) "Mental abnormality" means a congenital or acquired condition of a person that affects the emotional or volitional capacity of the person in a manner that predisposes that person to the commission of criminally sexual acts to a degree that makes the person a menace to the health and safety of other persons; (8) "Personality disorder" means an enduring pattern of inner experience and behavior that: (A) Deviates markedly from the expectation of the person's culture; (B) Is pervasive and inflexible across a broad range of personal and social situations; (C) Leads to clinically significant distress or impairment in social, occupational, or other important areas of functioning; (D) Is stable over time; (E) Has its onset in adolescence or early adulthood; (F) Is not better accounted for as a manifestation or consequence of another mental disorder; and (G) Is not due to the direct physiological effects of a substance or a general medical condition; (9) "Predatory" describes an act directed at a stranger or a person with whom a relationship has been established or promoted for the primary purpose of victimization of that person or individuals over whom that person has control; (10) (A) "Residency" means the place where a person lives notwithstanding that there may be an intent to move or return at some future date to another place. (B) "Residency" also includes: (i) A place of employment; (ii) A place of training; (iii) A place of education; or (iv) A temporary residence or domicile in which a person resides for an aggregate of five (5) or more consecutive days during a calendar year; (11) "Sentencing court" means the judge of the court that sentenced the sex offender for the sex offense; (12) (A) "Sex offender" means a person who is adjudicated guilty of a sex offense or acquitted on the grounds of mental disease or defect of a sex offense. (B) Unless otherwise specified, "sex offender" includes those individuals classified by the court as a sexually dangerous person; (13) (A) "Sex offense" includes, but is not limited to: (i) The following offenses: (a) Rape, § 5-14-103 ; (b) Sexual indecency with a child, § 5-14-110 , if the offense is a felony; (c) Sexual assault in the first degree, § 5-14-124 ; (d) Sexual assault in the second degree, § 5-14-125 ; (e) Sexual assault in the third degree, § 5-14-126 ; (f) Sexual assault in the fourth degree, § 5-14-127 ; (g) Incest, § 5-26-202 ; (h) Engaging children in sexually explicit conduct for use in visual or print medium, § 5-27-303 ; (i) Transportation of minors for prohibited sexual conduct, § 5-27-305 ; (j) Employing or consenting to the use of a child in a sexual performance, § 5-27-402 ; (k) Pandering or possessing visual or print medium depicting sexually explicit conduct involving a child, § 5-27-304 ; (l) Producing, directing, or promoting a sexual performance by a child, § 5-27-403 ; (m) Promoting prostitution in the first degree, § 5-70-104 ; (n) Stalking, § 5-71-229 , when ordered by the sentencing court to register as a sex offender; (o) Indecent exposure, § 5-14-112 , if a felony level offense; (p) Exposing another person to human immunodeficiency virus, § 5-14-123 , when ordered by the sentencing court to register as a sex offender; (q) Kidnapping pursuant to § 5-11-102(a) , when the victim is a minor and the offender is not the parent of the victim; (r) False imprisonment in the first degree and false imprisonment in the second degree, §§ 5-11-103 and 5-11-104 , when the victim is a minor and the offender is not the parent of the victim; (s) Permitting abuse of a minor, § 5-27-221 , if the abuse of the minor consisted of sexual intercourse, deviant sexual activity, or sexual contact; (t) Possession or use of child sexual abuse material, § 5-27-603 ; (u) Computer exploitation of a child, § 5-27-605 ; (v) Permanent detention or restraint, § 5-11-106 , when the offender is not the parent of the victim; (w) Distributing, possessing, or viewing of matter depicting sexually explicit conduct involving a child, § 5-27-602 ; (x) Internet stalking of a child, § 5-27-306 ; (y) Crime of video voyeurism, § 5-16-101 , if a felony level offense; (z) Voyeurism, § 5-16-102 , if a felony level offense; (aa) Any felony-homicide offense under § 5-10-101 , § 5-10-102 , or § 5-10-104 if the underlying felony is an offense listed in this subdivision (13)(A)(i); (bb) Sexually grooming a child, § 5-27-307 ; (cc) Trafficking of persons under § 5-18-103(a)(4) ; (dd) Patronizing a victim of human trafficking, § 5-18-104 ; and (ee) Sexual extortion, § 5-14-113 ; (ii) An attempt, solicitation, or conspiracy to commit any of the offenses enumerated in subdivision (13)(A)(i) of this section; (iii) An adjudication of guilt for an offense of the law of another state: (a) Which is similar to any of the offenses enumerated in subdivision (13)(A)(i) of this section; or (b) When that adjudication of guilt requires registration under another state's sex offender registration laws; (iv) A violation of any former law of this state that is substantially equivalent to any of the offenses enumerated in this subdivision (13)(A); (v) An adjudication of guilt for an offense in any federal court, the District of Columbia, a United States territory, a federally recognized Indian tribe, or for a military offense: (a) Which is similar to any of the offenses enumerated in subdivision (13)(A)(i) of this section; (b) When the adjudication of guilt requires registration under sex offender registration laws of another state or jurisdiction; or (c) If the conviction was for a violation of: (1) 18 U.S.C. § 2252C ; (2) 18 U.S.C. § 2424 ; or (3) 18 U.S.C. § 2425 ; or (vi) An adjudication of guilt for an offense requiring registration under the laws of Canada, the United Kingdom, Australia, New Zealand, or any other foreign country where an independent judiciary enforces a right to a fair trial during the year in which the conviction occurred. (B) (i) The sentencing court has the authority to order the registration of any offender shown in court to have attempted to commit or to have committed a sex offense even though the offense is not enumerated in subdivision (13)(A)(i) of this section. (ii) This authority applies to sex offenses enacted, renamed, or amended at a later date by the General Assembly unless the General Assembly expresses its intent not to consider the offense to be a true sex offense for the purposes of this subchapter; (14) (A) "Sexually dangerous person" means a person who has been adjudicated guilty or acquitted on the grounds of mental disease or defect of a sexually violent offense and who suffers from a mental abnormality or personality disorder that makes the person likely to engage in predatory sexually violent offenses. (B) A person previously classified as a sexually violent predator is now considered a sexually dangerous person; (15) "Sexually violent offense" means any state, federal, tribal, or military offense which includes a sexual act as defined in 18 U.S.C. §§ 2241 and 2242 as they existed on March 1, 2003, with another person if the offense is nonconsensual regardless of the age of the victim; (16) (A) "Social media account" means a personal account with an electronic medium or service in which a user may create, share, or access user-generated content, including without limitation: (i) A video; (ii) A photograph; (iii) A blog post; (iv) A podcast; (v) A transmission or message; or (vi) An email. (B) "Social media account" includes without limitation an account established with: (i) Facebook; (ii) Twitter; (iii) LinkedIn; (iv) MySpace; (v) Instagram; (vi) Snapchat; (vii) YouTube; or (viii) Any other similar format, program, application, or internet service; and (17) "Social media account information" means information concerning a social media account, including without limitation: (A) A screen name; (B) A user identification; or (C) A user name. Amended by Act 2023, No. 619,§ 14, eff. 8/1/2023. Amended by Act 2023, No. 21,§ 8, eff. 8/1/2023. Amended by Act 2017, No. 916,§ 1, eff. 8/1/2017. Amended by Act 2017, No. 664,§ 7, eff. 8/1/2017. Amended by Act 2015, No. 1285,§ 1, eff. 7/22/2015. Amended by Act 2015, No. 357,§ 1, eff. 7/22/2015. Amended by Act 2013, No. 1114,§ 3, eff. 8/16/2013. Amended by Act 2013, No. 508,§ 1, eff. 8/16/2013. Amended by Act 2013, No. 505,§ 2, eff. 8/16/2013. Amended by Act 2013, No. 505,§ 1, eff. 8/16/2013. Amended by Act 2013, No. 172,§ 1, eff. 8/16/2013. Acts 1997, No. 989, § 3; 1999, No. 1353, § 1; 2001, No. 1496, § 3; 2001, No. 1743, § 2; 2003, No. 1390, § 4; 2003 (2nd Ex. Sess.), No. 21, §§ 1-3; 2007, No. 210, § 1; 2007, No. 394, § 2; 2009, No. 165, § 6.

As used in this subchapter:

(1) "Adjudication of guilt" or other words of similar import mean a: (A) Plea of guilty; (B) Plea of nolo contendere; (C) Negotiated plea; (D) Finding of guilt by a judge; or (E) Finding of guilt by a jury;

(A) Plea of guilty;

(B) Plea of nolo contendere;

(C) Negotiated plea;

(D) Finding of guilt by a judge; or

(E) Finding of guilt by a jury;

(2) (A) "Administration of criminal justice" means performing functions of investigation, apprehension, detention, prosecution, adjudication, correctional supervision, or rehabilitation of accused persons or criminal offenders. (B) "Administration of criminal justice" also includes criminal identification activities and the collection, maintenance, and dissemination of criminal justice information;

(A) "Administration of criminal justice" means performing functions of investigation, apprehension, detention, prosecution, adjudication, correctional supervision, or rehabilitation of accused persons or criminal offenders.

(B) "Administration of criminal justice" also includes criminal identification activities and the collection, maintenance, and dissemination of criminal justice information;

(3) "Aggravated sex offense" means an offense in the Arkansas Code substantially equivalent to "aggravated sexual abuse" as defined in 18 U.S.C. § 2241 as it existed on March 1, 2003, which principally encompasses: (A) Causing another person to engage in a sexual act: (i) By using force against that other person; or (ii) By threatening or placing or attempting to threaten or place that other person in fear that any person will be subjected to death, serious bodily injury, or kidnapping; (B) Knowingly: (i) Rendering another person unconscious and then engaging in a sexual act with that other person; or (ii) Administering to another person by force or threat of force, or without the knowledge or permission of that person, a drug, intoxicant, or similar substance and thereby: (a) Substantially impairing the ability of that other person to appraise or control conduct; and (b) Engaging or attempting to engage in a sexual act with that other person; or (C) Crossing a state line with intent to: (i) Engage or attempt to engage in a sexual act with a person who has not attained twelve (12) years of age; (ii) Knowingly engage or attempt to engage in a sexual act with another person who has not attained twelve (12) years of age; or (iii) Knowingly engage or attempt to engage in a sexual act under the circumstances described in subdivisions (3)(A) and (B) of this section with another person who has attained twelve (12) years of age but has not attained sixteen (16) years of age and is at least four (4) years younger than the alleged offender;

(A) Causing another person to engage in a sexual act: (i) By using force against that other person; or (ii) By threatening or placing or attempting to threaten or place that other person in fear that any person will be subjected to death, serious bodily injury, or kidnapping;

(i) By using force against that other person; or

(ii) By threatening or placing or attempting to threaten or place that other person in fear that any person will be subjected to death, serious bodily injury, or kidnapping;

(B) Knowingly: (i) Rendering another person unconscious and then engaging in a sexual act with that other person; or (ii) Administering to another person by force or threat of force, or without the knowledge or permission of that person, a drug, intoxicant, or similar substance and thereby: (a) Substantially impairing the ability of that other person to appraise or control conduct; and (b) Engaging or attempting to engage in a sexual act with that other person; or

(i) Rendering another person unconscious and then engaging in a sexual act with that other person; or

(ii) Administering to another person by force or threat of force, or without the knowledge or permission of that person, a drug, intoxicant, or similar substance and thereby: (a) Substantially impairing the ability of that other person to appraise or control conduct; and (b) Engaging or attempting to engage in a sexual act with that other person; or

(a) Substantially impairing the ability of that other person to appraise or control conduct; and

(b) Engaging or attempting to engage in a sexual act with that other person; or

(C) Crossing a state line with intent to: (i) Engage or attempt to engage in a sexual act with a person who has not attained twelve (12) years of age; (ii) Knowingly engage or attempt to engage in a sexual act with another person who has not attained twelve (12) years of age; or (iii) Knowingly engage or attempt to engage in a sexual act under the circumstances described in subdivisions (3)(A) and (B) of this section with another person who has attained twelve (12) years of age but has not attained sixteen (16) years of age and is at least four (4) years younger than the alleged offender;

(i) Engage or attempt to engage in a sexual act with a person who has not attained twelve (12) years of age;

(ii) Knowingly engage or attempt to engage in a sexual act with another person who has not attained twelve (12) years of age; or

(iii) Knowingly engage or attempt to engage in a sexual act under the circumstances described in subdivisions (3)(A) and (B) of this section with another person who has attained twelve (12) years of age but has not attained sixteen (16) years of age and is at least four (4) years younger than the alleged offender;

(4) "Change of address" or other words of similar import mean a change of residence or a change for more than thirty (30) days of temporary domicile, change of location of employment, education or training, or any other change that alters where a sex offender regularly spends a substantial amount of time;

(5) "Criminal justice agency" means a government agency or any subunit thereof which is authorized by law to perform the administration of criminal justice and which allocates more than one-half (1/2) of its annual budget to the administration of criminal justice;

(6) "Local law enforcement agency having jurisdiction" means the: (A) Chief law enforcement officer of the municipality in which a sex offender: (i) Resides or expects to reside; (ii) Is employed; or (iii) Is attending an institution of training or education; or (B) County sheriff, if: (i) The municipality does not have a chief law enforcement officer; or (ii) A sex offender resides or expects to reside, is employed, or is attending an institution of training or education in an unincorporated area of a county;

(A) Chief law enforcement officer of the municipality in which a sex offender: (i) Resides or expects to reside; (ii) Is employed; or (iii) Is attending an institution of training or education; or

(i) Resides or expects to reside;

(ii) Is employed; or

(iii) Is attending an institution of training or education; or

(B) County sheriff, if: (i) The municipality does not have a chief law enforcement officer; or (ii) A sex offender resides or expects to reside, is employed, or is attending an institution of training or education in an unincorporated area of a county;

(i) The municipality does not have a chief law enforcement officer; or

(ii) A sex offender resides or expects to reside, is employed, or is attending an institution of training or education in an unincorporated area of a county;

(7) "Mental abnormality" means a congenital or acquired condition of a person that affects the emotional or volitional capacity of the person in a manner that predisposes that person to the commission of criminally sexual acts to a degree that makes the person a menace to the health and safety of other persons;

(8) "Personality disorder" means an enduring pattern of inner experience and behavior that: (A) Deviates markedly from the expectation of the person's culture; (B) Is pervasive and inflexible across a broad range of personal and social situations; (C) Leads to clinically significant distress or impairment in social, occupational, or other important areas of functioning; (D) Is stable over time; (E) Has its onset in adolescence or early adulthood; (F) Is not better accounted for as a manifestation or consequence of another mental disorder; and (G) Is not due to the direct physiological effects of a substance or a general medical condition;

(A) Deviates markedly from the expectation of the person's culture;

(B) Is pervasive and inflexible across a broad range of personal and social situations;

(C) Leads to clinically significant distress or impairment in social, occupational, or other important areas of functioning;

(D) Is stable over time;

(E) Has its onset in adolescence or early adulthood;

(F) Is not better accounted for as a manifestation or consequence of another mental disorder; and

(G) Is not due to the direct physiological effects of a substance or a general medical condition;

(9) "Predatory" describes an act directed at a stranger or a person with whom a relationship has been established or promoted for the primary purpose of victimization of that person or individuals over whom that person has control;

(10) (A) "Residency" means the place where a person lives notwithstanding that there may be an intent to move or return at some future date to another place. (B) "Residency" also includes: (i) A place of employment; (ii) A place of training; (iii) A place of education; or (iv) A temporary residence or domicile in which a person resides for an aggregate of five (5) or more consecutive days during a calendar year;

(A) "Residency" means the place where a person lives notwithstanding that there may be an intent to move or return at some future date to another place.

(B) "Residency" also includes: (i) A place of employment; (ii) A place of training; (iii) A place of education; or (iv) A temporary residence or domicile in which a person resides for an aggregate of five (5) or more consecutive days during a calendar year;

(i) A place of employment;

(ii) A place of training;

(iii) A place of education; or

(iv) A temporary residence or domicile in which a person resides for an aggregate of five (5) or more consecutive days during a calendar year;

(11) "Sentencing court" means the judge of the court that sentenced the sex offender for the sex offense;

(12) (A) "Sex offender" means a person who is adjudicated guilty of a sex offense or acquitted on the grounds of mental disease or defect of a sex offense. (B) Unless otherwise specified, "sex offender" includes those individuals classified by the court as a sexually dangerous person;

(A) "Sex offender" means a person who is adjudicated guilty of a sex offense or acquitted on the grounds of mental disease or defect of a sex offense.

(B) Unless otherwise specified, "sex offender" includes those individuals classified by the court as a sexually dangerous person;

(13) (A) "Sex offense" includes, but is not limited to: (i) The following offenses: (a) Rape, § 5-14-103 ; (b) Sexual indecency with a child, § 5-14-110 , if the offense is a felony; (c) Sexual assault in the first degree, § 5-14-124 ; (d) Sexual assault in the second degree, § 5-14-125 ; (e) Sexual assault in the third degree, § 5-14-126 ; (f) Sexual assault in the fourth degree, § 5-14-127 ; (g) Incest, § 5-26-202 ; (h) Engaging children in sexually explicit conduct for use in visual or print medium, § 5-27-303 ; (i) Transportation of minors for prohibited sexual conduct, § 5-27-305 ; (j) Employing or consenting to the use of a child in a sexual performance, § 5-27-402 ; (k) Pandering or possessing visual or print medium depicting sexually explicit conduct involving a child, § 5-27-304 ; (l) Producing, directing, or promoting a sexual performance by a child, § 5-27-403 ; (m) Promoting prostitution in the first degree, § 5-70-104 ; (n) Stalking, § 5-71-229 , when ordered by the sentencing court to register as a sex offender; (o) Indecent exposure, § 5-14-112 , if a felony level offense; (p) Exposing another person to human immunodeficiency virus, § 5-14-123 , when ordered by the sentencing court to register as a sex offender; (q) Kidnapping pursuant to § 5-11-102(a) , when the victim is a minor and the offender is not the parent of the victim; (r) False imprisonment in the first degree and false imprisonment in the second degree, §§ 5-11-103 and 5-11-104 , when the victim is a minor and the offender is not the parent of the victim; (s) Permitting abuse of a minor, § 5-27-221 , if the abuse of the minor consisted of sexual intercourse, deviant sexual activity, or sexual contact; (t) Possession or use of child sexual abuse material, § 5-27-603 ; (u) Computer exploitation of a child, § 5-27-605 ; (v) Permanent detention or restraint, § 5-11-106 , when the offender is not the parent of the victim; (w) Distributing, possessing, or viewing of matter depicting sexually explicit conduct involving a child, § 5-27-602 ; (x) Internet stalking of a child, § 5-27-306 ; (y) Crime of video voyeurism, § 5-16-101 , if a felony level offense; (z) Voyeurism, § 5-16-102 , if a felony level offense; (aa) Any felony-homicide offense under § 5-10-101 , § 5-10-102 , or § 5-10-104 if the underlying felony is an offense listed in this subdivision (13)(A)(i); (bb) Sexually grooming a child, § 5-27-307 ; (cc) Trafficking of persons under § 5-18-103(a)(4) ; (dd) Patronizing a victim of human trafficking, § 5-18-104 ; and (ee) Sexual extortion, § 5-14-113 ; (ii) An attempt, solicitation, or conspiracy to commit any of the offenses enumerated in subdivision (13)(A)(i) of this section; (iii) An adjudication of guilt for an offense of the law of another state: (a) Which is similar to any of the offenses enumerated in subdivision (13)(A)(i) of this section; or (b) When that adjudication of guilt requires registration under another state's sex offender registration laws; (iv) A violation of any former law of this state that is substantially equivalent to any of the offenses enumerated in this subdivision (13)(A); (v) An adjudication of guilt for an offense in any federal court, the District of Columbia, a United States territory, a federally recognized Indian tribe, or for a military offense: (a) Which is similar to any of the offenses enumerated in subdivision (13)(A)(i) of this section; (b) When the adjudication of guilt requires registration under sex offender registration laws of another state or jurisdiction; or (c) If the conviction was for a violation of: (1) 18 U.S.C. § 2252C ; (2) 18 U.S.C. § 2424 ; or (3) 18 U.S.C. § 2425 ; or (vi) An adjudication of guilt for an offense requiring registration under the laws of Canada, the United Kingdom, Australia, New Zealand, or any other foreign country where an independent judiciary enforces a right to a fair trial during the year in which the conviction occurred. (B) (i) The sentencing court has the authority to order the registration of any offender shown in court to have attempted to commit or to have committed a sex offense even though the offense is not enumerated in subdivision (13)(A)(i) of this section. (ii) This authority applies to sex offenses enacted, renamed, or amended at a later date by the General Assembly unless the General Assembly expresses its intent not to consider the offense to be a true sex offense for the purposes of this subchapter;

(A) "Sex offense" includes, but is not limited to: (i) The following offenses: (a) Rape, § 5-14-103 ; (b) Sexual indecency with a child, § 5-14-110 , if the offense is a felony; (c) Sexual assault in the first degree, § 5-14-124 ; (d) Sexual assault in the second degree, § 5-14-125 ; (e) Sexual assault in the third degree, § 5-14-126 ; (f) Sexual assault in the fourth degree, § 5-14-127 ; (g) Incest, § 5-26-202 ; (h) Engaging children in sexually explicit conduct for use in visual or print medium, § 5-27-303 ; (i) Transportation of minors for prohibited sexual conduct, § 5-27-305 ; (j) Employing or consenting to the use of a child in a sexual performance, § 5-27-402 ; (k) Pandering or possessing visual or print medium depicting sexually explicit conduct involving a child, § 5-27-304 ; (l) Producing, directing, or promoting a sexual performance by a child, § 5-27-403 ; (m) Promoting prostitution in the first degree, § 5-70-104 ; (n) Stalking, § 5-71-229 , when ordered by the sentencing court to register as a sex offender; (o) Indecent exposure, § 5-14-112 , if a felony level offense; (p) Exposing another person to human immunodeficiency virus, § 5-14-123 , when ordered by the sentencing court to register as a sex offender; (q) Kidnapping pursuant to § 5-11-102(a) , when the victim is a minor and the offender is not the parent of the victim; (r) False imprisonment in the first degree and false imprisonment in the second degree, §§ 5-11-103 and 5-11-104 , when the victim is a minor and the offender is not the parent of the victim; (s) Permitting abuse of a minor, § 5-27-221 , if the abuse of the minor consisted of sexual intercourse, deviant sexual activity, or sexual contact; (t) Possession or use of child sexual abuse material, § 5-27-603 ; (u) Computer exploitation of a child, § 5-27-605 ; (v) Permanent detention or restraint, § 5-11-106 , when the offender is not the parent of the victim; (w) Distributing, possessing, or viewing of matter depicting sexually explicit conduct involving a child, § 5-27-602 ; (x) Internet stalking of a child, § 5-27-306 ; (y) Crime of video voyeurism, § 5-16-101 , if a felony level offense; (z) Voyeurism, § 5-16-102 , if a felony level offense; (aa) Any felony-homicide offense under § 5-10-101 , § 5-10-102 , or § 5-10-104 if the underlying felony is an offense listed in this subdivision (13)(A)(i); (bb) Sexually grooming a child, § 5-27-307 ; (cc) Trafficking of persons under § 5-18-103(a)(4) ; (dd) Patronizing a victim of human trafficking, § 5-18-104 ; and (ee) Sexual extortion, § 5-14-113 ; (ii) An attempt, solicitation, or conspiracy to commit any of the offenses enumerated in subdivision (13)(A)(i) of this section; (iii) An adjudication of guilt for an offense of the law of another state: (a) Which is similar to any of the offenses enumerated in subdivision (13)(A)(i) of this section; or (b) When that adjudication of guilt requires registration under another state's sex offender registration laws; (iv) A violation of any former law of this state that is substantially equivalent to any of the offenses enumerated in this subdivision (13)(A); (v) An adjudication of guilt for an offense in any federal court, the District of Columbia, a United States territory, a federally recognized Indian tribe, or for a military offense: (a) Which is similar to any of the offenses enumerated in subdivision (13)(A)(i) of this section; (b) When the adjudication of guilt requires registration under sex offender registration laws of another state or jurisdiction; or (c) If the conviction was for a violation of: (1) 18 U.S.C. § 2252C ; (2) 18 U.S.C. § 2424 ; or (3) 18 U.S.C. § 2425 ; or (vi) An adjudication of guilt for an offense requiring registration under the laws of Canada, the United Kingdom, Australia, New Zealand, or any other foreign country where an independent judiciary enforces a right to a fair trial during the year in which the conviction occurred.

(i) The following offenses: (a) Rape, § 5-14-103 ; (b) Sexual indecency with a child, § 5-14-110 , if the offense is a felony; (c) Sexual assault in the first degree, § 5-14-124 ; (d) Sexual assault in the second degree, § 5-14-125 ; (e) Sexual assault in the third degree, § 5-14-126 ; (f) Sexual assault in the fourth degree, § 5-14-127 ; (g) Incest, § 5-26-202 ; (h) Engaging children in sexually explicit conduct for use in visual or print medium, § 5-27-303 ; (i) Transportation of minors for prohibited sexual conduct, § 5-27-305 ; (j) Employing or consenting to the use of a child in a sexual performance, § 5-27-402 ; (k) Pandering or possessing visual or print medium depicting sexually explicit conduct involving a child, § 5-27-304 ; (l) Producing, directing, or promoting a sexual performance by a child, § 5-27-403 ; (m) Promoting prostitution in the first degree, § 5-70-104 ; (n) Stalking, § 5-71-229 , when ordered by the sentencing court to register as a sex offender; (o) Indecent exposure, § 5-14-112 , if a felony level offense; (p) Exposing another person to human immunodeficiency virus, § 5-14-123 , when ordered by the sentencing court to register as a sex offender; (q) Kidnapping pursuant to § 5-11-102(a) , when the victim is a minor and the offender is not the parent of the victim; (r) False imprisonment in the first degree and false imprisonment in the second degree, §§ 5-11-103 and 5-11-104 , when the victim is a minor and the offender is not the parent of the victim; (s) Permitting abuse of a minor, § 5-27-221 , if the abuse of the minor consisted of sexual intercourse, deviant sexual activity, or sexual contact; (t) Possession or use of child sexual abuse material, § 5-27-603 ; (u) Computer exploitation of a child, § 5-27-605 ; (v) Permanent detention or restraint, § 5-11-106 , when the offender is not the parent of the victim; (w) Distributing, possessing, or viewing of matter depicting sexually explicit conduct involving a child, § 5-27-602 ; (x) Internet stalking of a child, § 5-27-306 ; (y) Crime of video voyeurism, § 5-16-101 , if a felony level offense; (z) Voyeurism, § 5-16-102 , if a felony level offense; (aa) Any felony-homicide offense under § 5-10-101 , § 5-10-102 , or § 5-10-104 if the underlying felony is an offense listed in this subdivision (13)(A)(i); (bb) Sexually grooming a child, § 5-27-307 ; (cc) Trafficking of persons under § 5-18-103(a)(4) ; (dd) Patronizing a victim of human trafficking, § 5-18-104 ; and (ee) Sexual extortion, § 5-14-113 ;

(a) Rape, § 5-14-103 ;

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

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

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

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

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

(g) Incest, § 5-26-202 ;

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

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

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

(k) Pandering or possessing visual or print medium depicting sexually explicit conduct involving a child, § 5-27-304 ;

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

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

(n) Stalking, § 5-71-229 , when ordered by the sentencing court to register as a sex offender;

(o) Indecent exposure, § 5-14-112 , if a felony level offense;

(p) Exposing another person to human immunodeficiency virus, § 5-14-123 , when ordered by the sentencing court to register as a sex offender;

(q) Kidnapping pursuant to § 5-11-102(a) , when the victim is a minor and the offender is not the parent of the victim;

(r) False imprisonment in the first degree and false imprisonment in the second degree, §§ 5-11-103 and 5-11-104 , when the victim is a minor and the offender is not the parent of the victim;

(s) Permitting abuse of a minor, § 5-27-221 , if the abuse of the minor consisted of sexual intercourse, deviant sexual activity, or sexual contact;

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

(u) Computer exploitation of a child, § 5-27-605 ;

(v) Permanent detention or restraint, § 5-11-106 , when the offender is not the parent of the victim;

(w) Distributing, possessing, or viewing of matter depicting sexually explicit conduct involving a child, § 5-27-602 ;

(x) Internet stalking of a child, § 5-27-306 ;

(y) Crime of video voyeurism, § 5-16-101 , if a felony level offense;

(z) Voyeurism, § 5-16-102 , if a felony level offense;

(aa) Any felony-homicide offense under § 5-10-101 , § 5-10-102 , or § 5-10-104 if the underlying felony is an offense listed in this subdivision (13)(A)(i);

(bb) Sexually grooming a child, § 5-27-307 ;

(cc) Trafficking of persons under § 5-18-103(a)(4) ;

(dd) Patronizing a victim of human trafficking, § 5-18-104 ; and

(ee) Sexual extortion, § 5-14-113 ;

(ii) An attempt, solicitation, or conspiracy to commit any of the offenses enumerated in subdivision (13)(A)(i) of this section;

(iii) An adjudication of guilt for an offense of the law of another state: (a) Which is similar to any of the offenses enumerated in subdivision (13)(A)(i) of this section; or (b) When that adjudication of guilt requires registration under another state's sex offender registration laws;

(a) Which is similar to any of the offenses enumerated in subdivision (13)(A)(i) of this section; or

(b) When that adjudication of guilt requires registration under another state's sex offender registration laws;

(iv) A violation of any former law of this state that is substantially equivalent to any of the offenses enumerated in this subdivision (13)(A);

(v) An adjudication of guilt for an offense in any federal court, the District of Columbia, a United States territory, a federally recognized Indian tribe, or for a military offense: (a) Which is similar to any of the offenses enumerated in subdivision (13)(A)(i) of this section; (b) When the adjudication of guilt requires registration under sex offender registration laws of another state or jurisdiction; or (c) If the conviction was for a violation of: (1) 18 U.S.C. § 2252C ; (2) 18 U.S.C. § 2424 ; or (3) 18 U.S.C. § 2425 ; or

(a) Which is similar to any of the offenses enumerated in subdivision (13)(A)(i) of this section;

(b) When the adjudication of guilt requires registration under sex offender registration laws of another state or jurisdiction; or

(c) If the conviction was for a violation of: (1) 18 U.S.C. § 2252C ; (2) 18 U.S.C. § 2424 ; or (3) 18 U.S.C. § 2425 ; or

(1) 18 U.S.C. § 2252C ;

(2) 18 U.S.C. § 2424 ; or

(3) 18 U.S.C. § 2425 ; or

(vi) An adjudication of guilt for an offense requiring registration under the laws of Canada, the United Kingdom, Australia, New Zealand, or any other foreign country where an independent judiciary enforces a right to a fair trial during the year in which the conviction occurred.

(B) (i) The sentencing court has the authority to order the registration of any offender shown in court to have attempted to commit or to have committed a sex offense even though the offense is not enumerated in subdivision (13)(A)(i) of this section. (ii) This authority applies to sex offenses enacted, renamed, or amended at a later date by the General Assembly unless the General Assembly expresses its intent not to consider the offense to be a true sex offense for the purposes of this subchapter;

(i) The sentencing court has the authority to order the registration of any offender shown in court to have attempted to commit or to have committed a sex offense even though the offense is not enumerated in subdivision (13)(A)(i) of this section.

(ii) This authority applies to sex offenses enacted, renamed, or amended at a later date by the General Assembly unless the General Assembly expresses its intent not to consider the offense to be a true sex offense for the purposes of this subchapter;

(14) (A) "Sexually dangerous person" means a person who has been adjudicated guilty or acquitted on the grounds of mental disease or defect of a sexually violent offense and who suffers from a mental abnormality or personality disorder that makes the person likely to engage in predatory sexually violent offenses. (B) A person previously classified as a sexually violent predator is now considered a sexually dangerous person;

(A) "Sexually dangerous person" means a person who has been adjudicated guilty or acquitted on the grounds of mental disease or defect of a sexually violent offense and who suffers from a mental abnormality or personality disorder that makes the person likely to engage in predatory sexually violent offenses.

(B) A person previously classified as a sexually violent predator is now considered a sexually dangerous person;

(15) "Sexually violent offense" means any state, federal, tribal, or military offense which includes a sexual act as defined in 18 U.S.C. §§ 2241 and 2242 as they existed on March 1, 2003, with another person if the offense is nonconsensual regardless of the age of the victim;

(16) (A) "Social media account" means a personal account with an electronic medium or service in which a user may create, share, or access user-generated content, including without limitation: (i) A video; (ii) A photograph; (iii) A blog post; (iv) A podcast; (v) A transmission or message; or (vi) An email. (B) "Social media account" includes without limitation an account established with: (i) Facebook; (ii) Twitter; (iii) LinkedIn; (iv) MySpace; (v) Instagram; (vi) Snapchat; (vii) YouTube; or (viii) Any other similar format, program, application, or internet service; and

(A) "Social media account" means a personal account with an electronic medium or service in which a user may create, share, or access user-generated content, including without limitation: (i) A video; (ii) A photograph; (iii) A blog post; (iv) A podcast; (v) A transmission or message; or (vi) An email.

(i) A video;

(ii) A photograph;

(iii) A blog post;

(iv) A podcast;

(v) A transmission or message; or

(vi) An email.

(B) "Social media account" includes without limitation an account established with: (i) Facebook; (ii) Twitter; (iii) LinkedIn; (iv) MySpace; (v) Instagram; (vi) Snapchat; (vii) YouTube; or (viii) Any other similar format, program, application, or internet service; and

(i) Facebook;

(ii) Twitter;

(iii) LinkedIn;

(iv) MySpace;

(v) Instagram;

(vi) Snapchat;

(vii) YouTube; or

(viii) Any other similar format, program, application, or internet service; and

(17) "Social media account information" means information concerning a social media account, including without limitation: (A) A screen name; (B) A user identification; or (C) A user name.

(A) A screen name;

(B) A user identification; or

(C) A user name.

Amended by Act 2023, No. 619,§ 14, eff. 8/1/2023.

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

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

Amended by Act 2017, No. 664,§ 7, eff. 8/1/2017.

Amended by Act 2015, No. 1285,§ 1, eff. 7/22/2015.

Amended by Act 2015, No. 357,§ 1, eff. 7/22/2015.

Amended by Act 2013, No. 1114,§ 3, eff. 8/16/2013.

Amended by Act 2013, No. 508,§ 1, eff. 8/16/2013.

Amended by Act 2013, No. 505,§ 2, eff. 8/16/2013.

Amended by Act 2013, No. 505,§ 1, eff. 8/16/2013.

Amended by Act 2013, No. 172,§ 1, eff. 8/16/2013.

Acts 1997, No. 989, § 3; 1999, No. 1353, § 1; 2001, No. 1496, § 3; 2001, No. 1743, § 2; 2003, No. 1390, § 4; 2003 (2nd Ex. Sess.), No. 21, §§ 1-3; 2007, No. 210, § 1; 2007, No. 394, § 2; 2009, No. 165, § 6.
Ark. Code Ann. § 12-9-402 — AR Code / Title 12 / Chapter 9 / Subchapter 4 / Section 12-9-402
Powers and duties of the commission
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) Establish minimum selection and training standards for appointment as a police traffic radar operator and police traffic radar instructor. The standards may take into account different requirements for urban and rural areas; (4) Establish minimum curriculum requirements for the basic radar operator's course, the basic radar instructor's course, and the refresher courses for the radar operators and the radar instructors; (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 traffic radar 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 radar operators and radar instructors; (7) Exclude honorary law enforcement officers from training classes sponsored and supported by the Arkansas Law Enforcement Training Academy for the training of radar operators and radar instructors; (8) Adopt rules and minimum standards for such schools and courses which shall include, but not be limited to, establishing minimum: (A) Basic training requirements which police radar operators and police radar instructors are required to satisfactorily complete before being eligible for radar certification; (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,§ 855, eff. 7/24/2019. Amended by Act 2017, No. 497,§ 21, eff. 8/1/2017. Acts 1983, No. 672, § 2; A.S.A. 1947, § 42-1011; Acts 2011, No. 1240, § 2.

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) Establish minimum selection and training standards for appointment as a police traffic radar operator and police traffic radar instructor. The standards may take into account different requirements for urban and rural areas;

(4) Establish minimum curriculum requirements for the basic radar operator's course, the basic radar instructor's course, and the refresher courses for the radar operators and the radar instructors;

(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 traffic radar 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 radar operators and radar instructors;

(7) Exclude honorary law enforcement officers from training classes sponsored and supported by the Arkansas Law Enforcement Training Academy for the training of radar operators and radar instructors;

(8) Adopt rules and minimum standards for such schools and courses which shall include, but not be limited to, establishing minimum: (A) Basic training requirements which police radar operators and police radar instructors are required to satisfactorily complete before being eligible for radar certification; (B) Course attendance and equipment requirements; and (C) Requirements for instructors;

(A) Basic training requirements which police radar operators and police radar instructors are required to satisfactorily complete before being eligible for radar certification;

(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,§ 855, eff. 7/24/2019.

Amended by Act 2017, No. 497,§ 21, eff. 8/1/2017.

Acts 1983, No. 672, § 2; A.S.A. 1947, § 42-1011; Acts 2011, No. 1240, § 2.
Ark. Code Ann. § 12-64-513 — AR Code / Title 12 / Chapter 64 / Subchapter 5 / Section 12-64-513
Challenges
Status: in_force

(a) (1) Members of a general or special court-martial and the military judge of a general or special court-martial may be challenged by the accused or the trial counsel for cause stated to the court. (2) The court shall determine the relevancy and validity of challenges for cause and may not receive a challenge to more than one (1) person at a time. (3) Challenges by the trial counsel shall ordinarily be presented and decided before those by the accused are offered. (b) Each accused and the trial counsel is entitled to one (1) peremptory challenge, but the military judge may not be challenged except for cause. Acts 1969, No. 50, § 87; A.S.A. 1947, § 11-642; Acts 1987, No. 125, § 9.

(a) (1) Members of a general or special court-martial and the military judge of a general or special court-martial may be challenged by the accused or the trial counsel for cause stated to the court. (2) The court shall determine the relevancy and validity of challenges for cause and may not receive a challenge to more than one (1) person at a time. (3) Challenges by the trial counsel shall ordinarily be presented and decided before those by the accused are offered.

(1) Members of a general or special court-martial and the military judge of a general or special court-martial may be challenged by the accused or the trial counsel for cause stated to the court.

(2) The court shall determine the relevancy and validity of challenges for cause and may not receive a challenge to more than one (1) person at a time.

(3) Challenges by the trial counsel shall ordinarily be presented and decided before those by the accused are offered.

(b) Each accused and the trial counsel is entitled to one (1) peremptory challenge, but the military judge may not be challenged except for cause.

Acts 1969, No. 50, § 87; A.S.A. 1947, § 11-642; Acts 1987, No. 125, § 9.
Ark. Code Ann. § 12-87-102 — AR Code / Title 12 / Chapter 87 / Section 12-87-102
Definitions
Status: in_force

In this chapter: (1) "Disaster relief organization" means an entity that provides emergency or disaster relief services that include health or veterinary services provided by volunteer health practitioners and that: (A) is designated or recognized as a provider of those services pursuant to a disaster response and recovery plan adopted by an agency of the federal government or the Arkansas Department of Emergency Management; or (B) regularly plans and conducts its activities in coordination with an agency of the federal government or the Arkansas Department of Emergency Management. (2) "Emergency" means an event or condition that is a disaster emergency under § 12-75-107 or § 12-75-108 . (3) "Emergency declaration" means a declaration of emergency issued by a person authorized to do so under the laws of this state, executive order or proclamation of the Governor, or § 12-75-107 or § 12-75-108 . (4) "Emergency Management Assistance Compact" means the interstate compact approved by Congress by Public Law No. 104-321, 110 Stat. 3877, codified at § 12-49-401 et seq. (5) "Entity" means a person other than an individual. (6) "Health facility" means an entity licensed under the laws of this or another state to provide health or veterinary services. (7) "Health practitioner" means an individual licensed under the laws of this or another state to provide health or veterinary services. (8) "Health services" means the provision of treatment, care, advice or guidance, or other services, or supplies, related to the health or death of individuals or human populations, to the extent necessary to respond to an emergency, including: (A) The following, concerning the physical or mental condition or functional status of an individual or affecting the structure or function of the body: (i) preventive, diagnostic, therapeutic, rehabilitative, maintenance, or palliative care; and (ii) counseling, assessment, procedures, or other services; (B) Sale or dispensing of a drug, a device, equipment, or another item to an individual in accordance with a prescription; and (C) Funeral, cremation, cemetery, or other mortuary services. (9) "Host entity" means an entity operating in this state which uses volunteer health practitioners to respond to an emergency. (10) "License" means authorization by a state to engage in health or veterinary services that are unlawful without the authorization. The term includes authorization under the laws of this state to an individual to provide health or veterinary services based upon a national certification issued by a public or private entity. (11) "Person" means an individual, corporation, business trust, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity. (12) "Scope of practice" means the extent of the authorization to provide health or veterinary services granted to a health practitioner by a license issued to the practitioner in the state in which the principal part of the practitioner's services are rendered, including any conditions imposed by the licensing authority. (13) "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. (14) "Veterinary services" means the provision of treatment, care, advice or guidance, or other services, or supplies, related to the health or death of an animal or to animal populations, to the extent necessary to respond to an emergency, including: (A) diagnosis, treatment, or prevention of an animal disease, injury, or other physical or mental condition by the prescription, administration, or dispensing of vaccine, medicine, surgery, or therapy; (B) use of a procedure for reproductive management; and (C) monitoring and treatment of animal populations for diseases that have spread or demonstrate the potential to spread to humans. (15) "Volunteer health practitioner" means a health practitioner who provides health or veterinary services, whether or not the practitioner receives compensation for those services. The term does not include a practitioner who receives compensation pursuant to a preexisting employment relationship with a host entity or affiliate which requires the practitioner to provide health services in this state, unless the practitioner is not a resident of this state and is employed by a disaster relief organization providing services in this state while an emergency declaration is in effect. Acts 2009, No. 432, § 1.

In this chapter:

(1) "Disaster relief organization" means an entity that provides emergency or disaster relief services that include health or veterinary services provided by volunteer health practitioners and that: (A) is designated or recognized as a provider of those services pursuant to a disaster response and recovery plan adopted by an agency of the federal government or the Arkansas Department of Emergency Management; or (B) regularly plans and conducts its activities in coordination with an agency of the federal government or the Arkansas Department of Emergency Management.

(A) is designated or recognized as a provider of those services pursuant to a disaster response and recovery plan adopted by an agency of the federal government or the Arkansas Department of Emergency Management; or

(B) regularly plans and conducts its activities in coordination with an agency of the federal government or the Arkansas Department of Emergency Management.

(2) "Emergency" means an event or condition that is a disaster emergency under § 12-75-107 or § 12-75-108 .

(3) "Emergency declaration" means a declaration of emergency issued by a person authorized to do so under the laws of this state, executive order or proclamation of the Governor, or § 12-75-107 or § 12-75-108 .

(4) "Emergency Management Assistance Compact" means the interstate compact approved by Congress by Public Law No. 104-321, 110 Stat. 3877, codified at § 12-49-401 et seq.

(5) "Entity" means a person other than an individual.

(6) "Health facility" means an entity licensed under the laws of this or another state to provide health or veterinary services.

(7) "Health practitioner" means an individual licensed under the laws of this or another state to provide health or veterinary services.

(8) "Health services" means the provision of treatment, care, advice or guidance, or other services, or supplies, related to the health or death of individuals or human populations, to the extent necessary to respond to an emergency, including: (A) The following, concerning the physical or mental condition or functional status of an individual or affecting the structure or function of the body: (i) preventive, diagnostic, therapeutic, rehabilitative, maintenance, or palliative care; and (ii) counseling, assessment, procedures, or other services; (B) Sale or dispensing of a drug, a device, equipment, or another item to an individual in accordance with a prescription; and (C) Funeral, cremation, cemetery, or other mortuary services.

(A) The following, concerning the physical or mental condition or functional status of an individual or affecting the structure or function of the body: (i) preventive, diagnostic, therapeutic, rehabilitative, maintenance, or palliative care; and (ii) counseling, assessment, procedures, or other services;

(i) preventive, diagnostic, therapeutic, rehabilitative, maintenance, or palliative care; and

(ii) counseling, assessment, procedures, or other services;

(B) Sale or dispensing of a drug, a device, equipment, or another item to an individual in accordance with a prescription; and

(C) Funeral, cremation, cemetery, or other mortuary services.

(9) "Host entity" means an entity operating in this state which uses volunteer health practitioners to respond to an emergency.

(10) "License" means authorization by a state to engage in health or veterinary services that are unlawful without the authorization. The term includes authorization under the laws of this state to an individual to provide health or veterinary services based upon a national certification issued by a public or private entity.

(11) "Person" means an individual, corporation, business trust, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity.

(12) "Scope of practice" means the extent of the authorization to provide health or veterinary services granted to a health practitioner by a license issued to the practitioner in the state in which the principal part of the practitioner's services are rendered, including any conditions imposed by the licensing authority.

(13) "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.

(14) "Veterinary services" means the provision of treatment, care, advice or guidance, or other services, or supplies, related to the health or death of an animal or to animal populations, to the extent necessary to respond to an emergency, including: (A) diagnosis, treatment, or prevention of an animal disease, injury, or other physical or mental condition by the prescription, administration, or dispensing of vaccine, medicine, surgery, or therapy; (B) use of a procedure for reproductive management; and (C) monitoring and treatment of animal populations for diseases that have spread or demonstrate the potential to spread to humans.

(A) diagnosis, treatment, or prevention of an animal disease, injury, or other physical or mental condition by the prescription, administration, or dispensing of vaccine, medicine, surgery, or therapy;

(B) use of a procedure for reproductive management; and

(C) monitoring and treatment of animal populations for diseases that have spread or demonstrate the potential to spread to humans.

(15) "Volunteer health practitioner" means a health practitioner who provides health or veterinary services, whether or not the practitioner receives compensation for those services. The term does not include a practitioner who receives compensation pursuant to a preexisting employment relationship with a host entity or affiliate which requires the practitioner to provide health services in this state, unless the practitioner is not a resident of this state and is employed by a disaster relief organization providing services in this state while an emergency declaration is in effect.

Acts 2009, No. 432, § 1.
Ark. Code Ann. § 12-29-401 — AR Code / Title 12 / Chapter 29 / Subchapter 4 / Section 12-29-401
Medical care
Status: in_force

(a) The Department of Correction shall establish and shall prescribe standards for health, medical, mental health, and dental services for each institution, including preventive, diagnostic, and therapeutic measures on both an outpatient and inpatient basis for all types of patients. (b) An inmate may be taken, when necessary, to a medical facility outside the institution, but the Director of the Department of Correction shall provide ample safeguards for the custody of the inmate while confined in a medical facility outside the institution. (c) (1) The Board of Corrections is authorized to establish and maintain facilities for health, medical, mental health, and dental services for each institution in the Department of Correction and the Department of Community Correction, including preventive, diagnostic, and therapeutic measures on both an outpatient and inpatient basis for all types of patients, and to hire physicians and other healthcare professionals. (2) The board may also implement copay charges for inmate-initiated healthcare requests. (d) (1) The Department of Correction and the Department of Community Correction shall have access to and may obtain copies of all medical records pertaining to any person incarcerated in a facility of either of those departments, including, but not limited to, test results, treatment records, and examination reports generated prior to the commitment of the person to the Department of Correction or the Department of Community Correction or based on medical care received by the person outside the Department of Correction or the Department of Community Correction during the period of the person's incarceration, regardless of whether the person consents to the release of the information. (2) (A) Any entity or person in possession of such records or information has a duty to disclose it to the Department of Correction or the Department of Community Correction upon written request by the Director of the Department of Correction or his or her designee or the Director of the Department of Community Correction or his or her designee, provided that the Department of Correction and the Department of Community Correction shall put in place the privacy and security provisions required by federal law and provide assurances of compliance, in writing, to the entity or person to whom the written request is made. (B) Additionally, the requesting entity or person shall provide assurances in the written request that provisions of state laws which require heightened security and privacy will be complied with. (3) Any information obtained pursuant to this section shall be used only for treatment purposes, to enable the Department of Correction and the Department of Community Correction to assign the incarcerated person to the correct unit or to enable the Department of Correction or the Department of Community Correction to file insurance claims, if applicable. (4) Any hospital, clinic, medical office, or other such entity and the owners, officers, directors, employees, or agents of such entity, or any other person who, in good faith, furnishes any records or information to the Department of Correction or the Department of Community Correction pursuant to this subsection shall be immune from any liability, civil or criminal, that might otherwise be incurred or imposed in the absence of this subsection. (e) (1) If an inmate in the Department of Correction or a person in the custody of the Department of Community Correction receives medical services that meet criteria for Medicaid coverage, the departments are authorized to apply for Medicaid coverage under this subsection. (2) (A) The inmate or person may designate a representative for the purposes of filing a Medicaid application and complying with Medicaid requirements for determining and maintaining eligibility. (B) However, the agency having custody of the inmate or person shall be the authorized representative for purposes of establishing and maintaining Medicaid eligibility under this subsection if: (i) The inmate or person does not designate a representative within three (3) business days after request; or (ii) The representative designated under subdivision (e)(2)(A) of this section does not file a Medicaid application within three (3) business days after appointment and request. (3) An authorized representative under this subsection: (A) Shall have access to the information necessary to comply with Medicaid requirements; and (B) May provide and receive information in connection with establishing and maintaining Medicaid eligibility, including confidential information. (4) (A) The Director of the Department of Correction or the Director of the Department of Community Correction or his or her designee may access information necessary to determine if a Medicaid application has been filed on behalf of the inmate or person. (B) Disclosure under subdivision (e)(4)(A) of this section shall be to: (i) Establish Medicaid eligibility; (ii) Provide healthcare services; or (iii) Pay for healthcare services. (5) (A) The Department of Human Services shall allow applications for Medicaid coverage and benefits to be submitted up to forty-five (45) days before the release of: (i) An inmate or offender not previously qualified or previously qualified and subsequently suspended; or (ii) An inmate or offender, eighteen (18) years of age or older, adjudicated as delinquent and not previously qualified or previously qualified and subsequently suspended. (B) To the extent feasible, the Department of Correction and the Department of Community Correction shall provide for Medicaid coverage applications to be submitted online to the Department of Human Services. (C) A sentencing order shall satisfy the identity verification for Medicaid applications, if required for an application, and if permitted by federal law. Amended by Act 2015, No. 895,§ 11, eff. 9/1/2015. Amended by Act 2013, No. 467,§ 1, eff. 8/16/2013. Amended by Act 2013, No. 462,§ 1, eff. 8/16/2013. Acts 1968 (1st Ex. Sess.), No. 50, § 11; A.S.A. 1947, § 46-150; Acts 1993, No. 884, § 1; 1995, No. 291, § 1; 2001, No. 161, § 1.

(a) The Department of Correction shall establish and shall prescribe standards for health, medical, mental health, and dental services for each institution, including preventive, diagnostic, and therapeutic measures on both an outpatient and inpatient basis for all types of patients.

(b) An inmate may be taken, when necessary, to a medical facility outside the institution, but the Director of the Department of Correction shall provide ample safeguards for the custody of the inmate while confined in a medical facility outside the institution.

(c) (1) The Board of Corrections is authorized to establish and maintain facilities for health, medical, mental health, and dental services for each institution in the Department of Correction and the Department of Community Correction, including preventive, diagnostic, and therapeutic measures on both an outpatient and inpatient basis for all types of patients, and to hire physicians and other healthcare professionals. (2) The board may also implement copay charges for inmate-initiated healthcare requests.

(1) The Board of Corrections is authorized to establish and maintain facilities for health, medical, mental health, and dental services for each institution in the Department of Correction and the Department of Community Correction, including preventive, diagnostic, and therapeutic measures on both an outpatient and inpatient basis for all types of patients, and to hire physicians and other healthcare professionals.

(2) The board may also implement copay charges for inmate-initiated healthcare requests.

(d) (1) The Department of Correction and the Department of Community Correction shall have access to and may obtain copies of all medical records pertaining to any person incarcerated in a facility of either of those departments, including, but not limited to, test results, treatment records, and examination reports generated prior to the commitment of the person to the Department of Correction or the Department of Community Correction or based on medical care received by the person outside the Department of Correction or the Department of Community Correction during the period of the person's incarceration, regardless of whether the person consents to the release of the information. (2) (A) Any entity or person in possession of such records or information has a duty to disclose it to the Department of Correction or the Department of Community Correction upon written request by the Director of the Department of Correction or his or her designee or the Director of the Department of Community Correction or his or her designee, provided that the Department of Correction and the Department of Community Correction shall put in place the privacy and security provisions required by federal law and provide assurances of compliance, in writing, to the entity or person to whom the written request is made. (B) Additionally, the requesting entity or person shall provide assurances in the written request that provisions of state laws which require heightened security and privacy will be complied with. (3) Any information obtained pursuant to this section shall be used only for treatment purposes, to enable the Department of Correction and the Department of Community Correction to assign the incarcerated person to the correct unit or to enable the Department of Correction or the Department of Community Correction to file insurance claims, if applicable. (4) Any hospital, clinic, medical office, or other such entity and the owners, officers, directors, employees, or agents of such entity, or any other person who, in good faith, furnishes any records or information to the Department of Correction or the Department of Community Correction pursuant to this subsection shall be immune from any liability, civil or criminal, that might otherwise be incurred or imposed in the absence of this subsection.

(1) The Department of Correction and the Department of Community Correction shall have access to and may obtain copies of all medical records pertaining to any person incarcerated in a facility of either of those departments, including, but not limited to, test results, treatment records, and examination reports generated prior to the commitment of the person to the Department of Correction or the Department of Community Correction or based on medical care received by the person outside the Department of Correction or the Department of Community Correction during the period of the person's incarceration, regardless of whether the person consents to the release of the information.

(2) (A) Any entity or person in possession of such records or information has a duty to disclose it to the Department of Correction or the Department of Community Correction upon written request by the Director of the Department of Correction or his or her designee or the Director of the Department of Community Correction or his or her designee, provided that the Department of Correction and the Department of Community Correction shall put in place the privacy and security provisions required by federal law and provide assurances of compliance, in writing, to the entity or person to whom the written request is made. (B) Additionally, the requesting entity or person shall provide assurances in the written request that provisions of state laws which require heightened security and privacy will be complied with.

(A) Any entity or person in possession of such records or information has a duty to disclose it to the Department of Correction or the Department of Community Correction upon written request by the Director of the Department of Correction or his or her designee or the Director of the Department of Community Correction or his or her designee, provided that the Department of Correction and the Department of Community Correction shall put in place the privacy and security provisions required by federal law and provide assurances of compliance, in writing, to the entity or person to whom the written request is made.

(B) Additionally, the requesting entity or person shall provide assurances in the written request that provisions of state laws which require heightened security and privacy will be complied with.

(3) Any information obtained pursuant to this section shall be used only for treatment purposes, to enable the Department of Correction and the Department of Community Correction to assign the incarcerated person to the correct unit or to enable the Department of Correction or the Department of Community Correction to file insurance claims, if applicable.

(4) Any hospital, clinic, medical office, or other such entity and the owners, officers, directors, employees, or agents of such entity, or any other person who, in good faith, furnishes any records or information to the Department of Correction or the Department of Community Correction pursuant to this subsection shall be immune from any liability, civil or criminal, that might otherwise be incurred or imposed in the absence of this subsection.

(e) (1) If an inmate in the Department of Correction or a person in the custody of the Department of Community Correction receives medical services that meet criteria for Medicaid coverage, the departments are authorized to apply for Medicaid coverage under this subsection. (2) (A) The inmate or person may designate a representative for the purposes of filing a Medicaid application and complying with Medicaid requirements for determining and maintaining eligibility. (B) However, the agency having custody of the inmate or person shall be the authorized representative for purposes of establishing and maintaining Medicaid eligibility under this subsection if: (i) The inmate or person does not designate a representative within three (3) business days after request; or (ii) The representative designated under subdivision (e)(2)(A) of this section does not file a Medicaid application within three (3) business days after appointment and request. (3) An authorized representative under this subsection: (A) Shall have access to the information necessary to comply with Medicaid requirements; and (B) May provide and receive information in connection with establishing and maintaining Medicaid eligibility, including confidential information. (4) (A) The Director of the Department of Correction or the Director of the Department of Community Correction or his or her designee may access information necessary to determine if a Medicaid application has been filed on behalf of the inmate or person. (B) Disclosure under subdivision (e)(4)(A) of this section shall be to: (i) Establish Medicaid eligibility; (ii) Provide healthcare services; or (iii) Pay for healthcare services. (5) (A) The Department of Human Services shall allow applications for Medicaid coverage and benefits to be submitted up to forty-five (45) days before the release of: (i) An inmate or offender not previously qualified or previously qualified and subsequently suspended; or (ii) An inmate or offender, eighteen (18) years of age or older, adjudicated as delinquent and not previously qualified or previously qualified and subsequently suspended. (B) To the extent feasible, the Department of Correction and the Department of Community Correction shall provide for Medicaid coverage applications to be submitted online to the Department of Human Services. (C) A sentencing order shall satisfy the identity verification for Medicaid applications, if required for an application, and if permitted by federal law.

(1) If an inmate in the Department of Correction or a person in the custody of the Department of Community Correction receives medical services that meet criteria for Medicaid coverage, the departments are authorized to apply for Medicaid coverage under this subsection.

(2) (A) The inmate or person may designate a representative for the purposes of filing a Medicaid application and complying with Medicaid requirements for determining and maintaining eligibility. (B) However, the agency having custody of the inmate or person shall be the authorized representative for purposes of establishing and maintaining Medicaid eligibility under this subsection if: (i) The inmate or person does not designate a representative within three (3) business days after request; or (ii) The representative designated under subdivision (e)(2)(A) of this section does not file a Medicaid application within three (3) business days after appointment and request.

(A) The inmate or person may designate a representative for the purposes of filing a Medicaid application and complying with Medicaid requirements for determining and maintaining eligibility.

(B) However, the agency having custody of the inmate or person shall be the authorized representative for purposes of establishing and maintaining Medicaid eligibility under this subsection if: (i) The inmate or person does not designate a representative within three (3) business days after request; or (ii) The representative designated under subdivision (e)(2)(A) of this section does not file a Medicaid application within three (3) business days after appointment and request.

(i) The inmate or person does not designate a representative within three (3) business days after request; or

(ii) The representative designated under subdivision (e)(2)(A) of this section does not file a Medicaid application within three (3) business days after appointment and request.

(3) An authorized representative under this subsection: (A) Shall have access to the information necessary to comply with Medicaid requirements; and (B) May provide and receive information in connection with establishing and maintaining Medicaid eligibility, including confidential information.

(A) Shall have access to the information necessary to comply with Medicaid requirements; and

(B) May provide and receive information in connection with establishing and maintaining Medicaid eligibility, including confidential information.

(4) (A) The Director of the Department of Correction or the Director of the Department of Community Correction or his or her designee may access information necessary to determine if a Medicaid application has been filed on behalf of the inmate or person. (B) Disclosure under subdivision (e)(4)(A) of this section shall be to: (i) Establish Medicaid eligibility; (ii) Provide healthcare services; or (iii) Pay for healthcare services.

(A) The Director of the Department of Correction or the Director of the Department of Community Correction or his or her designee may access information necessary to determine if a Medicaid application has been filed on behalf of the inmate or person.

(B) Disclosure under subdivision (e)(4)(A) of this section shall be to: (i) Establish Medicaid eligibility; (ii) Provide healthcare services; or (iii) Pay for healthcare services.

(i) Establish Medicaid eligibility;

(ii) Provide healthcare services; or

(iii) Pay for healthcare services.

(5) (A) The Department of Human Services shall allow applications for Medicaid coverage and benefits to be submitted up to forty-five (45) days before the release of: (i) An inmate or offender not previously qualified or previously qualified and subsequently suspended; or (ii) An inmate or offender, eighteen (18) years of age or older, adjudicated as delinquent and not previously qualified or previously qualified and subsequently suspended. (B) To the extent feasible, the Department of Correction and the Department of Community Correction shall provide for Medicaid coverage applications to be submitted online to the Department of Human Services. (C) A sentencing order shall satisfy the identity verification for Medicaid applications, if required for an application, and if permitted by federal law.

(A) The Department of Human Services shall allow applications for Medicaid coverage and benefits to be submitted up to forty-five (45) days before the release of: (i) An inmate or offender not previously qualified or previously qualified and subsequently suspended; or (ii) An inmate or offender, eighteen (18) years of age or older, adjudicated as delinquent and not previously qualified or previously qualified and subsequently suspended.

(i) An inmate or offender not previously qualified or previously qualified and subsequently suspended; or

(ii) An inmate or offender, eighteen (18) years of age or older, adjudicated as delinquent and not previously qualified or previously qualified and subsequently suspended.

(B) To the extent feasible, the Department of Correction and the Department of Community Correction shall provide for Medicaid coverage applications to be submitted online to the Department of Human Services.

(C) A sentencing order shall satisfy the identity verification for Medicaid applications, if required for an application, and if permitted by federal law.

Amended by Act 2015, No. 895,§ 11, eff. 9/1/2015.

Amended by Act 2013, No. 467,§ 1, eff. 8/16/2013.

Amended by Act 2013, No. 462,§ 1, eff. 8/16/2013.

Acts 1968 (1st Ex. Sess.), No. 50, § 11; A.S.A. 1947, § 46-150; Acts 1993, No. 884, § 1; 1995, No. 291, § 1; 2001, No. 161, § 1.
Ark. Code Ann. § 12-41-206 — AR Code / Title 12 / Chapter 41 / Subchapter 2 / Section 12-41-206
Determination of applicable law
Status: in_force

(a) (1) Except as otherwise provided by this subchapter, the law of both states regarding rights, duties, liabilities, privileges, and immunities arising from conduct applies to conduct in any part of the justice center. (2) If, however, it is impossible for a person to conform his or her conduct in the center to the law of both states, that person may choose which state's law governs that conduct. (3) If a person chooses to conform his or her conduct in the center to the law of the other state, the conflicting law of this state does not apply to that conduct. (b) The physical plant of the center and equipment and facilities used by personnel of both states employed at the center are constructively present in both states. (c) Except as provided by subsection (d) of this section, property in any part of the center that is owned by or in the possession of a person in custody or summoned to appear in the center is constructively present in the state under the law of which the person was taken into custody or summoned to appear. (d) (1) Possession of property that constitutes an offense committed in the center is conduct to which subsection (a) of this section applies. (2) A person's exercise of a duty in regard to property in the center is conduct to which subsection (a) of this section applies. (e) Property that is ordered by a court to be produced in the center or that is in the possession of a peace officer or a party to a proceeding for use as evidence before a court holding a proceeding in the center is constructively present in the state of the court. (f) Property in the center that is not covered by subsection (c), subsection (d), or subsection (e) of this section is constructively present in both states. (g) (1) The law of a state in which property is constructively present applies to that property to the same extent that such law would apply if the property were actually present in that state. (2) If property is constructively present in only one (1) state, the law of the state in which the property is not constructively present may be applied to that property only to the extent that such law would apply if the property were actually outside that state. (h) (1) Except as otherwise provided by this subchapter, the courts of both states have concurrent jurisdiction over the geographic area of both states in the center, but the state in which a prosecution is first instituted for an offense committed in the center retains jurisdiction to apply that state's law to the exclusion of the other state's jurisdiction, unless the prosecution is terminated without jeopardy attaching under the law of the state of the first prosecution. (2) For the purposes of this subchapter, a prosecution is commenced in this state on the filing of an indictment, information, or complaint as determined by applicable provisions of Arkansas law. Acts 1981, No. 696, § 7; A.S.A. 1947, § 46-1607.

(a) (1) Except as otherwise provided by this subchapter, the law of both states regarding rights, duties, liabilities, privileges, and immunities arising from conduct applies to conduct in any part of the justice center. (2) If, however, it is impossible for a person to conform his or her conduct in the center to the law of both states, that person may choose which state's law governs that conduct. (3) If a person chooses to conform his or her conduct in the center to the law of the other state, the conflicting law of this state does not apply to that conduct.

(1) Except as otherwise provided by this subchapter, the law of both states regarding rights, duties, liabilities, privileges, and immunities arising from conduct applies to conduct in any part of the justice center.

(2) If, however, it is impossible for a person to conform his or her conduct in the center to the law of both states, that person may choose which state's law governs that conduct.

(3) If a person chooses to conform his or her conduct in the center to the law of the other state, the conflicting law of this state does not apply to that conduct.

(b) The physical plant of the center and equipment and facilities used by personnel of both states employed at the center are constructively present in both states.

(c) Except as provided by subsection (d) of this section, property in any part of the center that is owned by or in the possession of a person in custody or summoned to appear in the center is constructively present in the state under the law of which the person was taken into custody or summoned to appear.

(d) (1) Possession of property that constitutes an offense committed in the center is conduct to which subsection (a) of this section applies. (2) A person's exercise of a duty in regard to property in the center is conduct to which subsection (a) of this section applies.

(1) Possession of property that constitutes an offense committed in the center is conduct to which subsection (a) of this section applies.

(2) A person's exercise of a duty in regard to property in the center is conduct to which subsection (a) of this section applies.

(e) Property that is ordered by a court to be produced in the center or that is in the possession of a peace officer or a party to a proceeding for use as evidence before a court holding a proceeding in the center is constructively present in the state of the court.

(f) Property in the center that is not covered by subsection (c), subsection (d), or subsection (e) of this section is constructively present in both states.

(g) (1) The law of a state in which property is constructively present applies to that property to the same extent that such law would apply if the property were actually present in that state. (2) If property is constructively present in only one (1) state, the law of the state in which the property is not constructively present may be applied to that property only to the extent that such law would apply if the property were actually outside that state.

(1) The law of a state in which property is constructively present applies to that property to the same extent that such law would apply if the property were actually present in that state.

(2) If property is constructively present in only one (1) state, the law of the state in which the property is not constructively present may be applied to that property only to the extent that such law would apply if the property were actually outside that state.

(h) (1) Except as otherwise provided by this subchapter, the courts of both states have concurrent jurisdiction over the geographic area of both states in the center, but the state in which a prosecution is first instituted for an offense committed in the center retains jurisdiction to apply that state's law to the exclusion of the other state's jurisdiction, unless the prosecution is terminated without jeopardy attaching under the law of the state of the first prosecution. (2) For the purposes of this subchapter, a prosecution is commenced in this state on the filing of an indictment, information, or complaint as determined by applicable provisions of Arkansas law.

(1) Except as otherwise provided by this subchapter, the courts of both states have concurrent jurisdiction over the geographic area of both states in the center, but the state in which a prosecution is first instituted for an offense committed in the center retains jurisdiction to apply that state's law to the exclusion of the other state's jurisdiction, unless the prosecution is terminated without jeopardy attaching under the law of the state of the first prosecution.

(2) For the purposes of this subchapter, a prosecution is commenced in this state on the filing of an indictment, information, or complaint as determined by applicable provisions of Arkansas law.

Acts 1981, No. 696, § 7; A.S.A. 1947, § 46-1607.