reglab/statecodes huggingface dataset:
Arkansas Code of 1987 (2023) › Title 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (§§ 12-1-101 — 12-88-109) › Subtitle 2 - LAW ENFORCEMENT AGENCIES AND PROGRAMS (§§ 12-6-101 — 12-20-301) › Chapter 12 - CRIME REPORTING AND INVESTIGATIONS (§§ 12-12-101 — 12-12-1906) › Subchapter 2 - ARKANSAS CRIME INFORMATION CENTER (§§ 12-12-201 — 12-12-220) › Section 12-12-216 - Carry forward

(a)
At the close of each fiscal year, the Director of the Arkansas Crime Information Center shall certify to the Chief Fiscal Officer of the State the amount, if any, of unexpended moneys and appropriations in the Crime Information System Fund or its successor resulting from the reimbursement to the Arkansas Crime Information Center by municipal, county, state, or federal governments for teleprocessing services.
(b)
(1)
Any balance of such moneys and appropriations shall be carried forward and made available for the maintenance, operation, improvement, and other necessary expenditures in providing teleprocessing services to such municipal, county, state, and federal agencies served by the center.
(2)
The total amount that is carried forward under this section shall be reported in the budget manuals that are presented to the Legislative Council and Joint Budget Committee during the presession budget hearings.
Acts 1997, No. 911, § 9; 2011, No. 779, § 8.
Arkansas Code of 1987 (2023) › Title 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (§§ 12-1-101 — 12-88-109) › Subtitle 2 - LAW ENFORCEMENT AGENCIES AND PROGRAMS (§§ 12-6-101 — 12-20-301) › Chapter 12 - CRIME REPORTING AND INVESTIGATIONS (§§ 12-12-101 — 12-12-1906) › Subchapter 2 - ARKANSAS CRIME INFORMATION CENTER (§§ 12-12-201 — 12-12-220) › Section 12-12-217 - Annual report

(a)
On July 31 of each year the Arkansas Crime Information Center shall submit an annual report to the Legislative Council showing the number of persons arrested for each criminal offense classification, comparing the state and each individual reporting agency.
(b)
The report shall include a breakdown by race of all persons arrested in each criminal offense classification.
Acts 2003, No. 1031, § 2; 2011, No. 779, § 9.
Arkansas Code of 1987 (2023) › Title 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (§§ 12-1-101 — 12-88-109) › Subtitle 2 - LAW ENFORCEMENT AGENCIES AND PROGRAMS (§§ 12-6-101 — 12-20-301) › Chapter 12 - CRIME REPORTING AND INVESTIGATIONS (§§ 12-12-101 — 12-12-1906) › Subchapter 2 - ARKANSAS CRIME INFORMATION CENTER (§§ 12-12-201 — 12-12-220) › Section 12-12-218 - Registry of certain court orders - Definition

(a)
As used in this section, "center system" means the registry of all court orders issued under §§
5-2-310(b)
,
5-2-314(b)
,
20-47-214
, and
20-47-215
maintained by the Arkansas Crime Information Center under this section.
(b)
(1)
The Arkansas Crime Information Center shall maintain the center system as provided under this section.
(2)
Only orders that are consistent with §
5-2-310(b)
, §
5-2-314(b)
, §
20-47-214
, or §
20-47-215
shall be entered into the center system.
(c)
Information contained in the center system shall be determined by the Supervisory Board for the Arkansas Crime Information Center and shall include, at a minimum, the person's name and date of birth.
(d)
Information contained in the center system is not disclosable under applicable state or federal law and shall be available at all times only to courts, law enforcement personnel, and prosecuting attorneys.
Added by Act 2013, No. 470,§ 1, eff. 8/16/2013.
Arkansas Code of 1987 (2023) › Title 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (§§ 12-1-101 — 12-88-109) › Subtitle 2 - LAW ENFORCEMENT AGENCIES AND PROGRAMS (§§ 12-6-101 — 12-20-301) › Chapter 12 - CRIME REPORTING AND INVESTIGATIONS (§§ 12-12-101 — 12-12-1906) › Subchapter 2 - ARKANSAS CRIME INFORMATION CENTER (§§ 12-12-201 — 12-12-220) › Section 12-12-219 - Records of local and regional detention facilities

(a)
(1)
The Arkansas Crime Information Center shall permit and encourage the entry of data by a local or regional detention facility, such as a county jail, into a database maintained by the center and accessible by an entity as determined by the Supervisory Board for the Arkansas Crime Information Center.
(2)
Data provided by a regional detention facility shall facilitate analysis of inmate populations in local detention facilities, including, but not limited to:
(A)
Local or regional detention facility inmate population, including the number of inmates currently housed over the recognized maximum capacity of the local or regional detention facility; and
(B)
The types and number of offenses for which the inmates are being housed in the local or regional detention facility.
(b)
The types of data entered into a database under this section may include:
(1)
Information concerning the inmates admitted to and released from the local or regional detention facility, including without limitation:
(A)
The state identification number of the inmate;
(B)
The offenses the inmates committed or were accused of committing; and
(C)
The dates the inmates were both taken into custody and released;
(2)
(A)
A record of any mental health screening of an inmate administered by a law enforcement agency or healthcare facility.
(B)
The results of a mental health screening administered by a law enforcement agency or healthcare facility may be entered into the database as permitted by state or federal law; and
(3)
Any other data that that would be of assistance to a law enforcement agency, state agency, legislative committee, academic researcher, or other entity permitted to access the data.
(c)
The center shall promulgate rules necessary to implement this section.
Added by Act 2017, No. 423,§ 9, eff. 8/1/2017.
Arkansas Code of 1987 (2023) › Title 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (§§ 12-1-101 — 12-88-109) › Subtitle 2 - LAW ENFORCEMENT AGENCIES AND PROGRAMS (§§ 12-6-101 — 12-20-301) › Chapter 12 - CRIME REPORTING AND INVESTIGATIONS (§§ 12-12-101 — 12-12-1906) › Subchapter 2 - ARKANSAS CRIME INFORMATION CENTER (§§ 12-12-201 — 12-12-220) › Section 12-12-220 - Registry of certain sentencing orders

(a)
The Arkansas Crime Information Center shall maintain a registry of all sentencing orders that include delayed release under §
5-4-405
.
(b)
Upon the entry of a sentencing order requiring delayed release under §
5-4-405
, a prosecuting attorney shall furnish a copy to the center in a manner prescribed by the Supervisory Board for the Arkansas Crime Information Center.
(c)
Data collected under this section shall be disseminated upon request to a federal, state, or local law enforcement agency, a political subdivision of the state, a state agency, the Bureau of Legislative Research, or the Attorney General.
Added by Act 2021, No. 681,§ 4, eff. 7/28/2021.
Arkansas Code of 1987 (2023) › Title 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (§§ 12-1-101 — 12-88-109) › Subtitle 2 - LAW ENFORCEMENT AGENCIES AND PROGRAMS (§§ 12-6-101 — 12-20-301) › Chapter 12 - CRIME REPORTING AND INVESTIGATIONS (§§ 12-12-101 — 12-12-1906) › Subchapter 3 - STATE CRIME LABORATORY (§§ 12-12-301 — 12-12-327) › Section 12-12-301 - Establishment

(a)
There is established a State Crime Laboratory.
(b)
The laboratory shall offer services to law enforcement in:
(1)
Forensic pathology;
(2)
Toxicology;
(3)
Physical evidence analysis;
(4)
DNA analysis;
(5)
Drug analysis;
(6)
Latent fingerprint identification;
(7)
Firearms and toolmarks analysis;
(8)
Digital evidence analysis; and
(9)
Other such areas as the State Crime Laboratory Board deems necessary and appropriate.
Amended by Act 2019, No. 636,§ 1, eff. 7/24/2019.
Acts 1977, No. 517, § 1; 1979, No. 864, § 1; A.S.A. 1947, § 42-1201.
Arkansas Code of 1987 (2023) › Title 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (§§ 12-1-101 — 12-88-109) › Subtitle 2 - LAW ENFORCEMENT AGENCIES AND PROGRAMS (§§ 12-6-101 — 12-20-301) › Chapter 12 - CRIME REPORTING AND INVESTIGATIONS (§§ 12-12-101 — 12-12-1906) › Subchapter 3 - STATE CRIME LABORATORY (§§ 12-12-301 — 12-12-327) › Section 12-12-302 - Board created - Members - Meetings

(a)
(1)
There is created a State Crime Laboratory Board.
(2)
(A)
The members of the board shall be appointed by the Governor and confirmed by the Senate.
(B)
However, a vacancy may be temporarily filled by the Governor subject to confirmation of the Senate.
(b)
The members appointed by the Governor shall be composed of:
(1)
One (1) member of the active judiciary;
(2)
One (1) practicing member of the legal profession;
(3)
One (1) active county sheriff;
(4)
One (1) active chief of police;
(5)
One (1) active prosecuting attorney;
(6)
Two (2) physicians engaged in the active practice of private or academic medicine; and
(7)
One (1) member at large from the state.
(c)
(1)
Appointments to the board shall be for a term of seven (7) years.
(2)
(A)
All appointments made at any time other than the day following the expiration of a term shall be made for the unexpired portion of the term.
(B)
If, however, the Governor shall not make an appointment by January 15 of the year in which the term expires, that member shall continue to serve until he or she is reappointed or a successor is appointed, and the term of that member shall run for seven (7) years from January 15 in the year the term expired rather than for seven (7) years from the date of actual appointment.
(d)
(1)
The board shall meet and elect one (1) of its members as chair and one (1) as vice chair.
(2)
The chair shall have the power to call meetings of the board upon due notice of the meeting to all members of the board.
(e)
A majority of the members of the board shall constitute a quorum to transact the business of the board.
(f)
The board shall meet a minimum of one (1) time every three (3) months. Failure of any appointee to attend three (3) consecutive meetings shall constitute cause for removal from the board by the Governor.
(g)
Members of the board may receive expense reimbursement and stipends in accordance with §
25-16-901
et seq. The sums shall be paid from the appropriated maintenance and general operations funds of the State Crime Laboratory.
Amended by Act 2023, No. 794,§ 14, eff. 4/12/2023.
Acts 1991, No. 383, § 2; 1997, No. 250, § 67; 2011, No. 219, § 1.
Arkansas Code of 1987 (2023) › Title 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (§§ 12-1-101 — 12-88-109) › Subtitle 2 - LAW ENFORCEMENT AGENCIES AND PROGRAMS (§§ 12-6-101 — 12-20-301) › Chapter 12 - CRIME REPORTING AND INVESTIGATIONS (§§ 12-12-101 — 12-12-1906) › Subchapter 3 - STATE CRIME LABORATORY (§§ 12-12-301 — 12-12-327) › Section 12-12-303 - Board's powers and duties generally

(a)
The State Crime Laboratory Board shall promulgate such policies and rules as shall be necessary to carry out the intent and purpose of this subchapter along with the specific duties and responsibilities set out in this subchapter.
(b)
The board is authorized to accept gifts, grants, or funds from persons, associations, corporations, foundations, and federal or state governmental agencies and to use the gifts, grants, or funds for purposes of carrying out this subchapter or for any other purposes not inconsistent with the purposes and intent of this subchapter which may be authorized by the board.
(c)
The board is further authorized by this subchapter to enter into contracts, not inconsistent with law, and to do such things as it may deem necessary or appropriate to properly carry out the purposes and intent of this subchapter.
Amended by Act 2019, No. 315,§ 860, eff. 7/24/2019.
Acts 1979, No. 864, §§ 4, 21; A.S.A. 1947, §§ 42-1206, 42-1223.
Arkansas Code of 1987 (2023) › Title 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (§§ 12-1-101 — 12-88-109) › Subtitle 2 - LAW ENFORCEMENT AGENCIES AND PROGRAMS (§§ 12-6-101 — 12-20-301) › Chapter 12 - CRIME REPORTING AND INVESTIGATIONS (§§ 12-12-101 — 12-12-1906) › Subchapter 3 - STATE CRIME LABORATORY (§§ 12-12-301 — 12-12-327) › Section 12-12-304 - Director of the State Crime Laboratory

(a)
(1)
The State Crime Laboratory shall be headed by a director who shall be appointed by the Governor and who shall serve at the pleasure of the Governor.
(2)
The director shall report to the Secretary of the Department of Public Safety.
(b)
The director may delegate specific duties to competent and qualified associates, assistants, and deputies who may act for the director within the scope of the authority granted him or her, subject, however, to such rules as may be prescribed by the State Crime Laboratory Board.
(c)
The board shall prescribe the duties, responsibilities, compensation, and qualifications for the director.
Amended by Act 2019, No. 315,§ 861, eff. 7/24/2019.
Amended by Act 2019, No. 910,§ 5843, eff. 7/1/2019.
Acts 1979, No. 864, §§ 5, 6; A.S.A. 1947, §§ 42-1207, 42-1208.
Arkansas Code of 1987 (2023) › Title 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (§§ 12-1-101 — 12-88-109) › Subtitle 2 - LAW ENFORCEMENT AGENCIES AND PROGRAMS (§§ 12-6-101 — 12-20-301) › Chapter 12 - CRIME REPORTING AND INVESTIGATIONS (§§ 12-12-101 — 12-12-1906) › Subchapter 3 - STATE CRIME LABORATORY (§§ 12-12-301 — 12-12-327) › Section 12-12-305 - Housing and equipment - Functions

(a)
There shall be established under the supervision of the Director of the State Crime Laboratory a central office and laboratory facility sufficient and adequate to house the various functions of the State Crime Laboratory as set out in this subchapter and as may be necessary and proper for the laboratory to perform in carrying out its official duties and functions as provided by law.
(b)
The laboratory shall have the equipment and personnel necessary to respond to the needs of all law enforcement agencies in the State of Arkansas with respect to the following functions:
(1)
Forensic toxicology, including without limitation chemical testing and analysis of body fluids and the performance of procedures to determine the presence and significance of toxic agents both in the investigation of death cases authorized by this subchapter and in other appropriate cases;
(2)
Criminalistics, including without limitation chemical testing of trace evidence, physical and microscopic analysis of evidence, latent fingerprint identification and classification, firearms and toolmarks identification, serology, DNA analysis, DNA database administration, and computer forensic analysis;
(3)
Drug analysis, including without limitation analyzing and identifying substances suspected as being controlled, illicit, or contraband drugs;
(4)
Pathology and biology, including the investigation and determination of the cause and manner of deaths that become subject to the jurisdiction of the State Medical Examiner under §
12-12-318
and the general application of the medical sciences to assist the criminal justice system in the State of Arkansas; and
(5)
Any other laboratory divisions, sections, or functions that, in the opinion of the State Crime Laboratory Board, may serve the needs of law enforcement in the State of Arkansas for laboratory analysis.
Amended by Act 2019, No. 910,§ 5844, eff. 7/1/2019.
Amended by Act 2013, No. 323,§ 1, eff. 8/16/2013.
Acts 1979, No. 864, §§ 7, 8; A.S.A. 1947, §§ 42-1209, 42-1210.
Arkansas Code of 1987 (2023) › Title 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (§§ 12-1-101 — 12-88-109) › Subtitle 2 - LAW ENFORCEMENT AGENCIES AND PROGRAMS (§§ 12-6-101 — 12-20-301) › Chapter 12 - CRIME REPORTING AND INVESTIGATIONS (§§ 12-12-101 — 12-12-1906) › Subchapter 3 - STATE CRIME LABORATORY (§§ 12-12-301 — 12-12-327) › Section 12-12-306 - State Medical Examiner

(a)
The Director of the State Crime Laboratory shall appoint and employ a State Medical Examiner with the approval of the State Crime Laboratory Board and in consultation with the Secretary of the Department of Public Safety.
(b)
The director may remove the examiner only for cause and with the approval of the board.
Amended by Act 2019, No. 910,§ 5845, eff. 7/1/2019.
Acts 1991, No. 383, § 3; 2011, No. 775, § 1.
Arkansas Code of 1987 (2023) › Title 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (§§ 12-1-101 — 12-88-109) › Subtitle 2 - LAW ENFORCEMENT AGENCIES AND PROGRAMS (§§ 12-6-101 — 12-20-301) › Chapter 12 - CRIME REPORTING AND INVESTIGATIONS (§§ 12-12-101 — 12-12-1906) › Subchapter 3 - STATE CRIME LABORATORY (§§ 12-12-301 — 12-12-327) › Section 12-12-307 - Medical examiners - Qualifications - Duties

(a)
(1)
The State Medical Examiner as well as associate medical examiners shall:
(A)
Be citizens of the United States;
(B)
Be physicians or surgeons with a doctor of medicine degree who have been licensed or who are eligible to be licensed to practice medicine in the State of Arkansas;
(C)
Have a minimum of three (3) years postgraduate training in human pathology as recognized by the American Medical Association; and
(D)
Have had at least one (1) year of experience in medical-legal practice.
(2)
The State Medical Examiner shall also be board certified or eligible for board certification as recognized by the American Board of Pathology in Forensic Pathology.
(b)
In addition to the duties prescribed in this subchapter, the State Medical Examiner and his or her associates may teach in the medical school, conduct classes for law enforcement officers and officials, lecture, do research, and engage in such activities as shall be deemed appropriate by the State Crime Laboratory Board.
Acts 1979, No. 864, § 9; A.S.A. 1947, § 42-1211.
Arkansas Code of 1987 (2023) › Title 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (§§ 12-1-101 — 12-88-109) › Subtitle 2 - LAW ENFORCEMENT AGENCIES AND PROGRAMS (§§ 12-6-101 — 12-20-301) › Chapter 12 - CRIME REPORTING AND INVESTIGATIONS (§§ 12-12-101 — 12-12-1906) › Subchapter 3 - STATE CRIME LABORATORY (§§ 12-12-301 — 12-12-327) › Section 12-12-308 - Medical examiners - Professional liability insurance

(a)
The State Crime Laboratory shall obtain a policy of professional liability insurance in the amount of no less than four hundred thousand dollars ($400,000) to indemnify any person or persons injured by the State Medical Examiner or his or her associates in the performance of their duties under this subchapter.
(b)
The premium for the policy of insurance shall be paid from funds appropriated by the General Assembly for the maintenance and general operations of the State Crime Laboratory.
Acts 1979, No. 864, § 19; A.S.A. 1947, § 42-1221.
Arkansas Code of 1987 (2023) › Title 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (§§ 12-1-101 — 12-88-109) › Subtitle 2 - LAW ENFORCEMENT AGENCIES AND PROGRAMS (§§ 12-6-101 — 12-20-301) › Chapter 12 - CRIME REPORTING AND INVESTIGATIONS (§§ 12-12-101 — 12-12-1906) › Subchapter 3 - STATE CRIME LABORATORY (§§ 12-12-301 — 12-12-327) › Section 12-12-309 - Utilization of outside personnel

(a)
The State Crime Laboratory Board may authorize the Director of the State Crime Laboratory to contract with a medical school in this state accredited by an accrediting agency recognized by the United States Department of Education or approved by the Arkansas Higher Education Coordinating Board to seek accreditation by an accrediting agency recognized by the United States Department of Education, or with other persons or institutions, to obtain services with which to perform the duties set forth in this subchapter.
(b)
The participation of a medical school's faculty or of any other person or institution in carrying out the provisions of this subchapter shall in no way affect tenure or any other status with the medical school or institution.
Amended by Act 2019, No. 910,§ 5846, eff. 7/1/2019.
Amended by Act 2017, No. 147,§ 2, eff. 2/7/2017.
Acts 1979, No. 864, § 5; A.S.A. 1947, § 42-1207.
Arkansas Code of 1987 (2023) › Title 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (§§ 12-1-101 — 12-88-109) › Subtitle 2 - LAW ENFORCEMENT AGENCIES AND PROGRAMS (§§ 12-6-101 — 12-20-301) › Chapter 12 - CRIME REPORTING AND INVESTIGATIONS (§§ 12-12-101 — 12-12-1906) › Subchapter 3 - STATE CRIME LABORATORY (§§ 12-12-301 — 12-12-327) › Section 12-12-310 - Reimbursement for use of outside faculty

(a)
The State Crime Laboratory shall reimburse the Graduate Institute of Technology and a medical school in this state accredited by an accrediting agency recognized by the United States Department of Education or approved by the Arkansas Higher Education Coordinating Board to seek accreditation by an accrediting agency recognized by the United States Department of Education for the use of personnel from the institute and the medical school in performing services for the laboratory.
(b)
The participation of a medical school's faculty and institute faculty in carrying out the provisions of this subchapter shall in no way affect their tenure with the medical school and institute.
Amended by Act 2017, No. 147,§ 2, eff. 2/7/2017.
Acts 1977, No. 517, § 3; A.S.A. 1947, § 42-1204.
Arkansas Code of 1987 (2023) › Title 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (§§ 12-1-101 — 12-88-109) › Subtitle 2 - LAW ENFORCEMENT AGENCIES AND PROGRAMS (§§ 12-6-101 — 12-20-301) › Chapter 12 - CRIME REPORTING AND INVESTIGATIONS (§§ 12-12-101 — 12-12-1906) › Subchapter 3 - STATE CRIME LABORATORY (§§ 12-12-301 — 12-12-327) › Section 12-12-311 - Cooperation by others required - Tort immunity

(a)
(1)
All law enforcement officers and other state, county, and city officials, as well as private citizens, shall fully cooperate with the staff of the State Crime Laboratory in making any investigation provided for or authorized in this subchapter.
(2)
(A)
The prosecuting attorney for each judicial district shall provide the laboratory each month with a list of cases having been adjudicated through plea negotiations and which require no further laboratory analysis.
(B)
The monthly list shall contain the laboratory case number and will be used by the laboratory for the purpose of returning evidence on which analysis is no longer necessary, thus reducing the backlog of cases found on the evidence shelves at the laboratory.
(3)
Nothing in this subchapter shall impair the authority of the prosecuting attorney to require further analysis of evidence in any case having been adjudicated through plea negotiations.
(4)
(A)
Upon completion of all requested analysis of submitted evidence by the laboratory, the evidence shall be returned to the submitting agency within thirty (30) days.
(B)
The submitting agency shall maintain and store evidence until released by a court of competent jurisdiction or the prosecuting attorney.
(b)
Any physician or other person in attendance or present at the death of a person, or any hospital, if death occurs therein and results from such conditions and circumstances as set out in §
12-12-315
, shall promptly notify the chief law enforcement official of the county or municipality which shall have jurisdiction and the laboratory of the death and shall assist in making available dead bodies and related evidence as may be requested by the Director of the State Crime Laboratory or his or her staff or by the law enforcement agency conducting the investigation.
(c)
Any physician, surgeon, dentist, hospital, or other supplier of healthcare services shall cooperate and make available to the director or his or her staff the records, reports, charts, specimens, or X-rays of the deceased as may be requested where death occurs and an investigation is being conducted under the provisions of this subchapter.
(d)
No person, institution, or office in this state which shall make available information or material under this section shall be liable for violating any criminal law of this state, nor shall any person, institution, or office be held liable in tort for compliance with this section.
Amended by Act 2019, No. 910,§ 5847, eff. 7/1/2019.
Acts 1979, No. 864, § 12; A.S.A. 1947, § 42-1214; Acts 1999, No. 767, § 1.
Arkansas Code of 1987 (2023) › Title 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (§§ 12-1-101 — 12-88-109) › Subtitle 2 - LAW ENFORCEMENT AGENCIES AND PROGRAMS (§§ 12-6-101 — 12-20-301) › Chapter 12 - CRIME REPORTING AND INVESTIGATIONS (§§ 12-12-101 — 12-12-1906) › Subchapter 3 - STATE CRIME LABORATORY (§§ 12-12-301 — 12-12-327) › Section 12-12-313 - Records as evidence - Analyst's testimony

(a)
The records and reports of autopsies, evidence analyses, drug analyses, and any investigations made by the State Crime Laboratory under the authority of this subchapter shall be received as competent evidence as to the matters contained therein in the courts of this state subject to the applicable rules of criminal procedure or civil procedure when duly attested to by the Director of the State Crime Laboratory or his or her assistants, associates, or deputies.
(b)
This section does not abrogate a defendant's right of cross-examination if notice of intention to cross-examine is given before the date of a hearing or trial pursuant to the applicable rules of criminal procedure or civil procedure.
(c)
The testimony of the appropriate analyst may be compelled by the issuance of a proper subpoena, in which case the records and reports shall be admissible through the analyst who shall be subject to cross-examination by the defendant or his or her counsel, either in person or via two-way closed-circuit or satellite-transmitted television pursuant to subsection (e) of this section.
(d)
(1)
All records and reports of an evidence analysis of the laboratory shall be received as competent evidence as to the facts in any court or other proceeding when duly attested to by the analyst who performed the analysis.
(2)
The defendant shall give at least ten (10) days' notice prior to the proceedings that he or she requests the presence of the analyst of the laboratory who performed the analysis for the purpose of cross-examination.
(3)
Nothing in this subsection shall be construed to abrogate the defendant's right to cross-examine.
(e)
Except trials in which the defendant is charged with capital murder, §
5-10-101
, or murder in the first degree, §
5-10-102
, in all criminal trials upon motion of the prosecutor the court may allow the prosecutor to present the testimony of the appropriate analyst by contemporaneous transmission from a laboratory facility via two-way closed-circuit or satellite-transmitted television which shall allow the examination and cross-examination of the analyst to proceed as though the analyst were testifying in the courtroom:
(1)
After notice to the defendant;
(2)
Upon proper showing of good cause and sufficient safeguards to satisfy all state and federal constitutional requirements of oath, confrontation, cross-examination, and observation of the witness's demeanor and testimony by the defendant, the court, and the jury; and
(3)
Absent a showing of prejudice by the defendant.
Amended by Act 2019, No. 910,§ 5848, eff. 7/1/2019.
Amended by Act 2013, No. 297,§ 1, eff. 8/16/2013.
Acts 1979, No. 864, § 18; A.S.A. 1947, § 42-1220; Acts 1989, No. 889, §§ 1, 2; 1999, No. 565, § 1.
Arkansas Code of 1987 (2023) › Title 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (§§ 12-1-101 — 12-88-109) › Subtitle 2 - LAW ENFORCEMENT AGENCIES AND PROGRAMS (§§ 12-6-101 — 12-20-301) › Chapter 12 - CRIME REPORTING AND INVESTIGATIONS (§§ 12-12-101 — 12-12-1906) › Subchapter 3 - STATE CRIME LABORATORY (§§ 12-12-301 — 12-12-327) › Section 12-12-314 - Fees - Disposition

(a)
The State Crime Laboratory shall charge certain fees in an amount to be determined by the State Crime Laboratory Board, but subject to the limitations set forth in this section for certain records, reports, and consultations by laboratory physicians and analysts, and expert witness testimony provided in the trial of civil lawsuits, as follows:
(1)
A fee shall be charged for records and reports of the laboratory in a reasonable amount to be set by the board when the request for the report shall be from an entity other than a law enforcement or criminal justice system agency;
(2)
(A)
A fee shall be charged in an amount to be set by the board for consultations, scientific or medical research, depositions, expert witness testimony, and travel to and from courts.
(B)
The fees under subdivision (a)(2)(A) of this section shall be at a rate not to exceed two hundred twenty-five dollars ($225) per hour or one thousand eight hundred dollars ($1,800) per day and shall be levied against the requesting individual, agency, or organization for work done in civil cases in which laboratory personnel involvement results from the performance of duties and responsibilities under this subchapter; and
(3)
A charge of up to three thousand dollars ($3,000) for each autopsy requested by non-law enforcement officials.
(b)
At no time shall any fee be levied or charge made to or against any law enforcement agency of the State of Arkansas for work performed under the provisions of this subchapter.
(c)
(1)
All fees collected by the laboratory for copies of the following shall be deposited as a refund to expenditures:
(A)
Autopsy reports;
(B)
Autopsies requested by the Federal Aviation Administration, the Federal Bureau of Prisons, or the Department of Health for sudden infant death syndrome cases; and
(C)
Expenses paid employees for testimony as expert witnesses.
(2)
Other moneys derived from the charges provided for and authorized by this section shall be deposited into the State Treasury to the credit of the Miscellaneous Agencies Fund Account of the State General Government Fund.
Amended by Act 2013, No. 1129,§ 1, eff. 8/16/2013.
Amended by Act 2013, No. 296,§ 1, eff. 8/16/2013.
Acts 1975, No. 350, § 4; 1979, No. 864, § 22; 1985, No. 644, § 4; A.S.A. 1947, §§ 42-1224, 42-1225; Acts 1995, No. 1189, § 1; 2011, No. 775, § 2.
Arkansas Code of 1987 (2023) › Title 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (§§ 12-1-101 — 12-88-109) › Subtitle 2 - LAW ENFORCEMENT AGENCIES AND PROGRAMS (§§ 12-6-101 — 12-20-301) › Chapter 12 - CRIME REPORTING AND INVESTIGATIONS (§§ 12-12-101 — 12-12-1906) › Subchapter 3 - STATE CRIME LABORATORY (§§ 12-12-301 — 12-12-327) › Section 12-12-316 - Transportation of corpses

(a)
The State Crime Laboratory is authorized to transport bodies of persons whose death is subject to the provisions of this subchapter to an appropriate place for autopsy or for any other scientific tests.
(b)
(1)
(A)
The bodies of such deceased persons shall be returned to the county from which they were brought by or at the expense of the laboratory only if the State Medical Examiner determines that the cause of death was not suicide, accidental, or from natural causes.
(B)
In cases in which the examiner determines that the cause of death was suicide, accidental, or from natural causes, the expense of transporting and returning the bodies of such deceased persons shall be borne by whomever requests the laboratory to examine the cause of death, except for cases referred under the provisions of §
12-12-315(a)(2)
.
(C)
A body may be transported when authorized by the prosecuting attorney, circuit court, county sheriff, or chief of police, or upon the request of the next of kin of the deceased or the persons who may be responsible for burial, to a place other than the county of origin.
(2)
The laboratory shall not, however, be required to provide actual transportation or the cost of transportation in excess of what would be required to return the body to the county of origin.
(c)
The laboratory shall provide transportation or shall bear the cost of transportation at the option of the Director of the State Crime Laboratory, but in no case shall the cost of transportation of dead bodies subject to the provisions of this subchapter be borne by the laboratory without the prior approval and authorization of the director or his or her staff.
Amended by Act 2019, No. 910,§ 5849, eff. 7/1/2019.
Acts 1979, No. 864, § 13; A.S.A. 1947, § 42-1215; Acts 1993, No. 1063, § 1; 1993, No. 1246, § 1.
Arkansas Code of 1987 (2023) › Title 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (§§ 12-1-101 — 12-88-109) › Subtitle 2 - LAW ENFORCEMENT AGENCIES AND PROGRAMS (§§ 12-6-101 — 12-20-301) › Chapter 12 - CRIME REPORTING AND INVESTIGATIONS (§§ 12-12-101 — 12-12-1906) › Subchapter 3 - STATE CRIME LABORATORY (§§ 12-12-301 — 12-12-327) › Section 12-12-317 - Death certificates

(a)
Except as provided under subsection (b) of this section, the certificate of death of a person whose death is investigated under this subchapter shall be made by the State Medical Examiner or by his or her designee or by the county coroner, whoever conducted the investigation.
(b)
The examiner or his or her designee shall make and sign a certificate of death if:
(1)
(A)
The examiner or his or her designee performs a postmortem examination.
(B)
The person who performs the postmortem examination shall make and sign the certificate of death; or
(2)
(A)
The certificate of death is for a person executed for a capital offense.
(B)
The examiner or his or her designee shall list on the certificate of death of a person executed for a capital offense the:
(i)
Manner of death as "Pursuant to a judicial sentence of death - Execution"; and
(ii)
Cause of death as "electrocution" or "lethal injection", as applicable.
(c)
When a petition is filed with a court of competent jurisdiction to change the cause or manner of death listed on a certificate of death which has been signed by the examiner or by his or her designee, the State Crime Laboratory shall be notified of such petition, and the examiner or his or her designee shall be allowed to hear testimony presented by the petitioner and shall be given an opportunity to present evidence to the court to support the original ruling of the examiner or his or her designee who signed the certificate of death.
Amended by Act 2017, No. 417,§ 1, eff. 8/1/2017.
Acts 1979, No. 864, § 17; A.S.A. 1947, § 42-1219; Acts 1993, No. 177, § 1; 1995, No. 201, § 1.
Arkansas Code of 1987 (2023) › Title 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (§§ 12-1-101 — 12-88-109) › Subtitle 2 - LAW ENFORCEMENT AGENCIES AND PROGRAMS (§§ 12-6-101 — 12-20-301) › Chapter 12 - CRIME REPORTING AND INVESTIGATIONS (§§ 12-12-101 — 12-12-1906) › Subchapter 3 - STATE CRIME LABORATORY (§§ 12-12-301 — 12-12-327) › Section 12-12-319 - Embalming corpse subject to examination, investigation, or autopsy - Penalty

(a)
It shall be unlawful to embalm a dead body when the body is subject to examination by the State Medical Examiner or his or her associates, assistants, or deputies as provided for in this subchapter, unless authorized by the examiner or his or her associates, assistants, or deputies or unless authorized by the prosecuting attorney of the jurisdiction in which the death occurs to so embalm.
(b)
When a body subject to examination by the examiner or his or her associates has been embalmed without authorization by or prior notice to the examiner or his or her associates, assistants, or deputies as provided for in this subchapter, the Director of the State Crime Laboratory may, at his or her discretion, require an order from the circuit court of the jurisdiction in which death occurred before proceeding with his or her duties and responsibilities under this subchapter.
(c)
Persons violating the provisions of this section shall be deemed guilty of a Class C misdemeanor.
Amended by Act 2019, No. 910,§ 5853, eff. 7/1/2019.
Acts 1979, No. 864, § 14; A.S.A. 1947, § 42-1216.
Arkansas Code of 1987 (2023) › Title 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (§§ 12-1-101 — 12-88-109) › Subtitle 2 - LAW ENFORCEMENT AGENCIES AND PROGRAMS (§§ 12-6-101 — 12-20-301) › Chapter 12 - CRIME REPORTING AND INVESTIGATIONS (§§ 12-12-101 — 12-12-1906) › Subchapter 3 - STATE CRIME LABORATORY (§§ 12-12-301 — 12-12-327) › Section 12-12-320 - Autopsies - Removal of pituitary gland

(a)
The State Medical Examiner and his or her assistants may remove the pituitary gland during the course of an autopsy and donate the pituitary gland to an appropriate organization.
(b)
However, the pituitary gland shall not be removed under the authority of this section if the next of kin or the person having the right to control the disposition of the decedent's remains objects.
Acts 1981, No. 984, § 1; A.S.A. 1947, § 42-1213.2; Acts 2011, No. 779, § 10.
Arkansas Code of 1987 (2023) › Title 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (§§ 12-1-101 — 12-88-109) › Subtitle 2 - LAW ENFORCEMENT AGENCIES AND PROGRAMS (§§ 12-6-101 — 12-20-301) › Chapter 12 - CRIME REPORTING AND INVESTIGATIONS (§§ 12-12-101 — 12-12-1906) › Subchapter 3 - STATE CRIME LABORATORY (§§ 12-12-301 — 12-12-327) › Section 12-12-321 - Autopsies - Exhumed bodies

(a)
Where death occurs under such circumstances as are set forth in §
12-12-315
and where a body has been buried without proper certification of death, it shall be the duty of the chief law enforcement official of the county or municipality in which death occurred or in which the body is buried or the State Medical Examiner, his or her associates, assistants, or deputies to notify the prosecuting attorney of the jurisdiction in which death occurred and the body is buried.
(b)
The prosecuting attorney shall thereupon present the facts to the circuit court of the county, and the court may, by written order, require that the body be exhumed and an autopsy be performed by the State Crime Laboratory or its designee.
(c)
A full and complete report of the facts developed by the autopsy shall be furnished to the court and the prosecuting attorney in timely fashion.
(d)
The cost of the exhumation and for transportation to and from the place of autopsy shall be borne by the county in which the death occurred.
Acts 1979, No. 864, § 15; A.S.A. 1947, § 42-1217.
Arkansas Code of 1987 (2023) › Title 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (§§ 12-1-101 — 12-88-109) › Subtitle 2 - LAW ENFORCEMENT AGENCIES AND PROGRAMS (§§ 12-6-101 — 12-20-301) › Chapter 12 - CRIME REPORTING AND INVESTIGATIONS (§§ 12-12-101 — 12-12-1906) › Subchapter 3 - STATE CRIME LABORATORY (§§ 12-12-301 — 12-12-327) › Section 12-12-322 - Hazardous duty pay

(a)
(1)
The State Crime Laboratory is authorized to provide special compensation to certain employees for each full pay period of eighty (80) hours worked in a job which requires contact at crime scenes, emergency sites, or other sites where exposure to potentially hazardous substances is possible.
(2)
It is recognized that many substances which may be encountered may create harmful health effects from either short-term or long-term exposure.
(3)
This special pay is to compensate the employees for the increased risk of personal injury.
(4)
The rate of pay will be one and one-half (1.5) times the regular authorized hourly pay or hourly rate of pay and will be paid only for the time while at the site of a clandestine laboratory.
(5)
Payment will be controlled by the Director of the State Crime Laboratory.
(b)
The rate of pay for individuals who work less than a full pay period of eighty (80) hours or transfer to other work areas not defined in subsection (a) of this section, or both, will not receive any enhanced rate of pay for that or subsequent pay periods.
(c)
This section covers employees who respond to clandestine laboratory sites for the purpose of assisting and dismantling of such laboratory sites and is limited to those employees in the position of:
Class Code
Title
(1)
B048
Chief Forensic Chemist;
(2)
Y023
Crime Lab Instrumentation Engineer, when performing the duties of a Forensic Chemist;
(3)
B057
Forensic Chemist; and
(4)
N336
Latent Prints Examiner.
(d)
A monthly report shall be made to the Legislative Council describing all payments made to employees under the provisions of this section.
Amended by Act 2019, No. 910,§ 5854, eff. 7/1/2019.
Acts 1995, No. 1151, § 4; 1997, No. 254, [§ 1].
Arkansas Code of 1987 (2023) › Title 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (§§ 12-1-101 — 12-88-109) › Subtitle 2 - LAW ENFORCEMENT AGENCIES AND PROGRAMS (§§ 12-6-101 — 12-20-301) › Chapter 12 - CRIME REPORTING AND INVESTIGATIONS (§§ 12-12-101 — 12-12-1906) › Subchapter 3 - STATE CRIME LABORATORY (§§ 12-12-301 — 12-12-327) › Section 12-12-323 - Crime Lab Equipment Fund

(a)
There is created the Crime Lab Equipment Fund on the books of the Auditor of State, the Treasurer of State, and the Chief Fiscal Officer of the State.
(b)
The moneys in the fund shall be used by the State Crime Laboratory only for:
(1)
The purchase of equipment;
(2)
Operating expenses;
(3)
Constructing and equipping regional crime laboratories; and
(4)
The personal services and operating expenses of regional crime laboratories.
Acts 1999, No. 1120, § 3; 2001, No. 1066, § 1; 2001, No. 1642, § 3.
Arkansas Code of 1987 (2023) › Title 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (§§ 12-1-101 — 12-88-109) › Subtitle 2 - LAW ENFORCEMENT AGENCIES AND PROGRAMS (§§ 12-6-101 — 12-20-301) › Chapter 12 - CRIME REPORTING AND INVESTIGATIONS (§§ 12-12-101 — 12-12-1906) › Subchapter 3 - STATE CRIME LABORATORY (§§ 12-12-301 — 12-12-327) › Section 12-12-324 - Testing by State Crime Laboratory

(a)
A firearm used in the commission of a crime that comes into the custody of a law enforcement agency in this state may be delivered to the State Crime Laboratory within thirty (30) calendar days for forensic testing for firearms meeting the caliber and type determined by the Director of the State Crime Laboratory.
(b)
(1)
(A)
The laboratory may conduct forensic tests on all firearms received and input the resulting data into the National Integrated Ballistics Information Network of the United States Bureau of Alcohol, Tobacco, Firearms, and Explosives.
(B)
The forensic tests may include without limitation firing of the firearm and electronic imaging of the bullets and casings.
(2)
The laboratory shall coordinate with all participating agencies when investigations require the use of the National Integrated Ballistics Information Network computer database.
(3)
The laboratory shall provide written analysis reports and experts for testimony when feasible.
(4)
After completion of the forensic testing, the firearm shall be returned to the law enforcement agency that submitted the firearm for forensic testing.
(5)
When the law enforcement agency regains possession of the firearm and after final adjudication, the law enforcement agency shall immediately notify the owner, unless the owner is prohibited by law from possessing the firearm, that the owner may regain possession of the firearm at the offices of the law enforcement agency.
(c)
A law enforcement agency in this state may request the assistance of the Division of Arkansas State Police in tracing a firearm.
(d)
A firearm seized by the Arkansas State Game and Fish Commission for violation of a commission rule is exempt from this section.
(e)
The State Crime Laboratory Board may adopt rules for the implementation of this section, including without limitation rules regarding forensic testing of a firearm and procedures for submission of a firearm.
Amended by Act 2019, No. 315,§ 862, eff. 7/24/2019.
Amended by Act 2019, No. 1010,§ 1, eff. 7/24/2019.
Amended by Act 2019, No. 910,§ 5855, eff. 7/1/2019.
Acts 1999, No. 1558, §§ 1, 2; 2001, No. 788, § 1; 2005, No. 1257, § 1.
Arkansas Code of 1987 (2023) › Title 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (§§ 12-1-101 — 12-88-109) › Subtitle 2 - LAW ENFORCEMENT AGENCIES AND PROGRAMS (§§ 12-6-101 — 12-20-301) › Chapter 12 - CRIME REPORTING AND INVESTIGATIONS (§§ 12-12-101 — 12-12-1906) › Subchapter 3 - STATE CRIME LABORATORY (§§ 12-12-301 — 12-12-327) › Section 12-12-327 - State Crime Laboratory Student Loan Forgiveness Program

(a)
There is established the State Crime Laboratory Student Loan Forgiveness Program to assist pathologists employed by the State Crime Laboratory with the repayment of the pathologists' student loans.
(b)
(1)
The program described under this section shall be administered by the laboratory.
(2)
The State Crime Laboratory Board shall promulgate rules for determining a pathologist's eligibility for student loan forgiveness under the program that shall include the following requirements:
(A)
Satisfactory completion of any probationary employment period;
(B)
Proof of a student loan that remains unpaid, including the name and address of the student loan creditor; and
(C)
An executed employment contract with the laboratory in which the pathologist agrees to:
(i)
Work for the laboratory for a term that equals twenty-four (24) months for each year that the program makes a payment on the pathologist's student loan; and
(ii)
Reimburse the program if the pathologist resigns or is terminated for cause before the term of the employment contract terminates.
(3)
The amount of the payment to be made directly to the pathologist's student loan creditor shall not exceed:
(A)
Twenty-five thousand dollars ($25,000) per twenty-four (24) months; or
(B)
One hundred thousand dollars ($100,000) per pathologist.
Added by Act 2021, No. 360,§ 1, eff. 7/28/2021.
Arkansas Code of 1987 (2023) › Title 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (§§ 12-1-101 — 12-88-109) › Subtitle 2 - LAW ENFORCEMENT AGENCIES AND PROGRAMS (§§ 12-6-101 — 12-20-301) › Chapter 12 - CRIME REPORTING AND INVESTIGATIONS (§§ 12-12-101 — 12-12-1906) › Subchapter 4 - SEXUAL ASSAULT - MEDICAL-LEGAL EXAMINATIONS (§§ 12-12-401 — 12-12-407) › Section 12-12-401 - Definitions

As used in this subchapter:
(1)
"Anonymous kit" means a sexual assault collection kit that is collected from a possible victim of a sexual assault who has not decided whether to report the sexual assault to a law enforcement agency;
(2)
(A)
"Appropriate emergency medical-legal examinations" means health care delivered with emphasis on the collection of evidence for the purpose of prosecution.
(B)
It shall include, but not be limited to, the appropriate components contained in an evidence collection kit for sexual assault examination distributed by the Forensic DNA Section of the State Crime Laboratory;
(3)
"Law enforcement agency" means a police force or organization whose primary responsibility as established by statute or ordinance is the enforcement of the criminal laws, traffic laws, or highway laws of this state;
(4)
"Licensed healthcare provider" means a person licensed in a healthcare field who conducts medical-legal examinations or a medical facility that is currently licensed by the Department of Health and providing emergency services;
(5)
"Medical-legal examination" means health care delivered to a possible victim of a sexual assault, with an emphasis on the gathering and preserving of evidence for the purpose of serving criminal justice;
(6)
"Sexual assault" means an offense described in §
5-14-101
et seq. or §
5-26-202
;
(7)
"Sexual assault collection kit" means a human biological specimen or specimens collected during a medical-legal examination from the alleged victim of a sexual assault; and
(8)
"Victim" means any person who has been a victim of any alleged sexual assault or incest as defined by §
5-14-101
et seq., except for a misdemeanor violation of sexual indecency with a child, §
5-14-110
, and §
5-26-202
.
Amended by Act 2023, No. 619,§ 13, eff. 8/1/2023.
Amended by Act 2021, No. 472,§ 1, eff. 7/28/2021.
Acts 1983, No. 403, §§ 1-3; A.S.A. 1947, §§ 41-1820 -- 41-1822; Acts 1991, No. 612, § 1; 2001, No. 993, § 1; 2003, No. 1390, § 3.