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 12 - VICTIM NOTIFICATION SYSTEM (§§ 12-12-1201 — 12-12-1202) › Section 12-12-1201 - Authorization

The Arkansas Crime Information Center is authorized to develop and operate a computerized victim notification system which shall provide:
(1)
A mechanism for victims of criminal offenses or the victim's next of kin to access information about proceedings in the criminal justice and corrections systems by use of a twenty-four-hour toll-free in-watts telephone service; and
(2)
Automatic notification by computerized telephone service to the victims of criminal offenses or the victim's next of kin of:
(A)
An inmate's, parolee's, or probationer's status, including the location of the inmate, parolee, or probationer;
(B)
A person's release or modification of a conditional release from the custody of the Arkansas State Hospital, a local or regional hospital, a local or regional mental health facility, or a local or regional jail to which the person has been committed by a court when the person committed a criminal act against the victim but was adjudicated in the criminal case to have a mental disease or defect under §
5-2-301
et seq.; and
(C)
A sex offender's application for the termination of the obligation to register as a sex offender under §
12-12-919
.
Amended by Act 2023, No. 613,§ 2, eff. 8/1/2023.
Amended by Act 2017, No. 429,§ 1, eff. 8/1/2017.
Amended by Act 2015, No. 1265,§ 3, eff. 4/8/2015.
Acts 1997, No. 1250, § 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 12 - VICTIM NOTIFICATION SYSTEM (§§ 12-12-1201 — 12-12-1202) › Section 12-12-1202 - Information provided

(a)
A victim notification may be accomplished by means of the computerized victim notification system established under §
12-12-1201
if the notification is required under:
(1)
Section
12-29-114
, pertaining to escape;
(2)
Section
16-21-106
, pertaining to assistance to victims and witnesses of crimes;
(3)
Section
16-93-204
, pertaining to executive clemency;
(4)
Section
16-93-615
, pertaining to transfer hearings;
(5)
Section
16-93-702
, pertaining to parole;
(6)
Section
16-97-102
, pertaining to sentencing; or
(7)
Section
5-2-315
, pertaining to discharge or conditional release from a commitment by a court to the Arkansas State Hospital.
(b)
The computerized victim notification system established under §
12-12-1201
shall also include:
(1)
Information about an inmate's custody status in regard to furloughs, work release, and community correction programs, if applicable;
(2)
Information about a person who was committed to the Arkansas State Hospital due to his or her having a mental disease or defect under §
5-2-301
et seq. in regard to the status of the person being discharged or conditionally released under §
5-2-315
, including the location and name of the local or regional hospital, local or regional mental health facility, or local or regional jail in which the person is committed if the person is not being held at the Arkansas State Hospital; and
(3)
The location of information publicly available under §
12-27-145
.
Amended by Act 2017, No. 429,§ 2, eff. 8/1/2017.
Amended by Act 2015, No. 1265,§ 4, eff. 4/8/2015.
Acts 1997, No. 1250, § 2; 2005, No. 1962, § 44; 2011, No. 570, § 72.
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 14 - TASK FORCE ON RACIAL PROFILING (§§ 12-12-1401 — 12-12-1405) › Section 12-12-1401 - Definition

(a)
As used in this subchapter, "racial profiling" means the practice of a law enforcement officer's relying to any degree on race, ethnicity, national origin, or religion in selecting which individuals to subject to routine investigatory activities or in deciding upon the scope and substance of law enforcement activity following the initial routine investigatory activity.
(b)
"Racial profiling" does not include reliance on the criteria in combination with other identifying factors when the law enforcement officer is seeking to apprehend a specific suspect whose race, ethnicity, or national origin is part of the description of the suspect and the description is thought to be reliable and locally relevant.
Acts 2003, No. 1207, § 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 14 - TASK FORCE ON RACIAL PROFILING (§§ 12-12-1401 — 12-12-1405) › Section 12-12-1402 - Prohibition on racial profiling

(a)
No member of the Division of Arkansas State Police, the Arkansas Highway Police Division of the Arkansas Department of Transportation, a county sheriff's department, or a municipal police department, constable, or any other law enforcement officer of this state shall engage in racial profiling.
(b)
The statements of policy and definitions contained in this subchapter shall not be construed or interpreted to be contrary to the Arkansas Rules of Criminal Procedure or the United States Constitution or the Arkansas Constitution.
Amended by Act 2017, No. 707,§ 16, eff. 8/1/2017.
Acts 2003, No. 1207, § 2; 2005, No. 2136, § 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 14 - TASK FORCE ON RACIAL PROFILING (§§ 12-12-1401 — 12-12-1405) › Section 12-12-1404 - Training

(a)
Each law enforcement agency shall provide annual training to all officers that:
(1)
Emphasizes the prohibition against racial profiling;
(2)
Ensures that operating procedures adequately implement the prohibition against racial profiling and that the law enforcement agency's law enforcement personnel have copies of, understand, and follow the operating procedures; and
(3)
Includes foreign language instruction, if possible, to ensure adequate communication with residents of a community.
(b)
The course or courses of instruction and the guidelines shall stress understanding and respect for racial, ethnic, national, religious, and cultural differences and development of effective and appropriate methods of carrying out law enforcement duties.
(c)
(1)
The Arkansas Commission on Law Enforcement Standards and Training shall adopt an initial training module concerning diversity and racial sensitivity for recruits and officers.
(2)
The commission shall also adopt a training module for biennial recertification for all recruits and officers who have completed the initial training module.
(d)
(1)
The commission shall promulgate rules that set significant standards for all training required in this section.
(2)
The commission may make additions, amendments, changes, or alterations to the rules in accordance with the Arkansas Administrative Procedure Act, §
25-15-201
et seq.
(3)
The commission may review and recommend changes to the racial profiling policy of any law enforcement agency.
(4)
Upon request, the racial profiling policy of any law enforcement agency shall be made available to the commission for the purpose described in subdivision (d)(3) of this section.
(5)
The commission may establish a toll-free hotline and an email address to receive complaints concerning racial profiling.
Amended by Act 2017, No. 250,§ 6, eff. 8/1/2017.
Acts 2003, No. 1207, § 4; 2005, No. 2136, § 5; 2011, No. 779, § 11.
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 14 - TASK FORCE ON RACIAL PROFILING (§§ 12-12-1401 — 12-12-1405) › Section 12-12-1405 - Racial profiling hotline

(a)
(1)
The Attorney General shall establish and publish procedures to receive complaints concerning racial profiling.
(2)
The procedures shall include the operation of a toll-free hotline and may include procedures to receive written complaints through the mail, email, or facsimile.
(b)
The Attorney General shall maintain statewide statistics on complaints received concerning racial profiling.
(c)
The Attorney General annually shall report statewide statistics on complaints concerning racial profiling received under this section during a year no later than October 1 of the next year to the Legislative Council.
(d)
If the Attorney General suspects that a violation of law has occurred, the Attorney General shall refer the matter to the appropriate prosecuting attorney or other appropriate legal authority.
Amended by Act 2017, No. 250,§ 7, eff. 8/1/2017.
Acts 2009, No. 768, § 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 15 - ARKANSAS STATE CRIMINAL RECORDS ACT (§§ 12-12-1501 — 12-12-1513) › Section 12-12-1501 - Title

This subchapter shall be known as the "Arkansas State Criminal Records Act".
Acts 2003 (1st Ex. Sess.), No. 63, § 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 15 - ARKANSAS STATE CRIMINAL RECORDS ACT (§§ 12-12-1501 — 12-12-1513) › Section 12-12-1502 - Intent

(a)
It is the intent of this subchapter to:
(1)
Provide one (1) source for obtaining the most accurate and complete criminal history information;
(2)
Allow dissemination of criminal history information to employers, professional licensing boards, and any entity mandated by Arkansas law to perform background checks through the Department of Arkansas State Police pertaining to all felony arrest information and all conviction information;
(3)
With the written consent of the student or prospective student, allow electronic dissemination of criminal history information to an institution of higher education for a student enrolled in, and a prospective student seeking enrollment in, a medical, nursing, pharmacy, or other health-related course of study at an institution of higher education located in Arkansas;
(4)
Allow dissemination of criminal history information to the Arkansas Public Defender Commission for use in defense of criminal defendants. Expunged and sealed criminal history information shall be released to the commission only for the purposes of use for impeachment of witnesses; and
(5)
Allow dissemination of criminal history information to the public upon proper request and payment without requiring the written consent of the subject of the request.
(b)
(1)
The department shall be the agency responsible for the dissemination of criminal history information under this subchapter.
(2)
The Arkansas Crime Information Center may disseminate criminal history information as authorized by law.
(c)
Felony arrest information that has had a disposition of acquittal, dismissal, or nolle prosequi entered into the central repository shall not be released under this subchapter.
Amended by Act 2015, No. 1185,§ 1, eff. 1/1/2016.
Acts 2003 (1st Ex. Sess.), No. 63, § 2; 2005, No. 1573, § 2; 2005, No. 2213, § 2; 2007, No. 1586, § 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 15 - ARKANSAS STATE CRIMINAL RECORDS ACT (§§ 12-12-1501 — 12-12-1513) › Section 12-12-1504 - Information required - Exceptions

(a)
The Department of Arkansas State Police and the Arkansas Crime Information Center shall disseminate criminal history information pertaining to any felony arrest, detention, indictment, information, or other formal felony criminal charge to the extent entries have been made at the time of the request for the criminal history information.
(b)
Any event, activity, or any portion of the criminal history information which has not been processed by the department or the center shall not be required to be included in the dissemination.
(c)
Requests for information, supporting documents, and any responses under this subchapter are not subject to disclosure under the Freedom of Information Act of 1967, §
25-19-101
et seq.
(d)
This subchapter shall not affect any record or information that may be accessed by the public under the Freedom of Information Act of 1967, §
25-19-101
et seq.
Acts 2003 (1st Ex. Sess.), No. 63, § 4.
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 15 - ARKANSAS STATE CRIMINAL RECORDS ACT (§§ 12-12-1501 — 12-12-1513) › Section 12-12-1505 - Disposition of data to the central repository

(a)
Criminal history information shall be submitted to the Arkansas Crime Information Center as required under §
12-12-1007
.
(b)
The central repository shall enter these disposition records in an expeditious manner.
(c)
Criminal history information provided to the central repository or the Department of Arkansas State Police shall not be subject to disclosure under the Freedom of Information Act of 1967, §
25-19-101
et seq.
Acts 2003 (1st Ex. Sess.), No. 63, § 5.
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 15 - ARKANSAS STATE CRIMINAL RECORDS ACT (§§ 12-12-1501 — 12-12-1513) › Section 12-12-1506 - Unrestricted information - Records - Immunity from civil liability

(a)
(1)
All conviction information and felony arrest records may be disseminated as provided in this subchapter.
(2)
Any criminal history information of felony arrest records and all conviction information that pertains to a person currently being processed by the criminal justice system, including during the entire period of correctional supervision extending through final discharge from parole or post-release supervision, may be disseminated without restriction.
(3)
(A)
The Identification Bureau of the Division of Arkansas State Police, the Arkansas Crime Information Center, or a third party shall be responsible for the maintenance of information pertaining to dissemination of criminal history information.
(B)
The information pertaining to dissemination required to be maintained shall be retained for a period of not less than three (3) years for security purposes.
(4)
(A)
(i)
Each requestor that is allowed access to criminal history information under this subchapter with written consent of the subject of the request shall maintain the written consent document in its files for at least three (3) years.
(ii)
Access to criminal history information and sealed or expunged records for the Arkansas Public Defender Commission is authorized without the consent of the subject of the request. However, the commission shall maintain records of the reason the dissemination was requested for a period of three (3) years.
(iii)
Any requestor that is granted access to criminal history information under this subchapter shall not disseminate the criminal history information.
(B)
These files and any written consent documents shall be subject to inspection by the division or the center.
(b)
This section allows the dissemination of information concerning persons who are required to register as sex offenders.
(c)
A criminal justice agency and its employees and officials shall be immune from civil liability except in instances of gross negligence or intentional malice for dissemination of criminal history information under this subchapter.
(d)
The division shall provide criminal history information to any person upon proper request and payment of the requisite fee and without requiring written consent of the subject of the request.
Amended by Act 2023, No. 659,§ 74, eff. 1/1/2024.
Amended by Act 2015, No. 1185,§ 3, eff. 1/1/2016.
Acts 2003 (1st Ex. Sess.), No. 63, § 6; 2005, No. 1573, § 4; 2005, No. 2213, § 5; 2007, No. 1586, § 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 15 - ARKANSAS STATE CRIMINAL RECORDS ACT (§§ 12-12-1501 — 12-12-1513) › Section 12-12-1507 - Administration

(a)
(1)
Release of criminal history information under this subchapter shall be made only by the Identification Bureau of the Division of Arkansas State Police and the Arkansas Crime Information Center as authorized by law.
(2)
The Division of Arkansas State Police and the center may adopt rules consistent with the provisions and intent of this subchapter.
(b)
The division and the center may contract with the Information Network of Arkansas under the Information Network of Arkansas Act, §
25-27-101
et seq., or any other qualified third-party vendor in the establishment of the gateway or means of electronically processing transactions under this subchapter.
(c)
(1)
The division shall not process a request for a Federal Bureau of Investigation background check unless a corresponding state background check through the Identification Bureau of the Division of Arkansas State Police has also been properly requested pursuant to this subchapter.
(2)
The requirements of subdivision (c)(1) of this section may be waived upon written authorization of the Director of the Division of Arkansas State Police.
(d)
The Division of Arkansas State Police automated fingerprint identification system may access and use the National Fingerprint File and Interstate Identification Index as provided by the Federal Bureau of Investigation when the Arkansas Code authorizes a fingerprint-based Federal Bureau of Investigation check for a noncriminal justice purpose and a positive identification based on fingerprints is made.
(e)
A background check request for a noncriminal justice purpose that must be completed under state or federal law through the division shall be submitted to the division by electronic means through the Online Criminal Background Check System.
Amended by Act 2021, No. 630,§ 4, eff. 7/28/2021.
Amended by Act 2019, No. 315,§ 870, eff. 7/24/2019.
Amended by Act 2019, No. 910,§ 5858, eff. 7/1/2019.
Acts 2003 (1st Ex. Sess.), No. 63, § 7; 2005, No. 1573, § 5; 2009, No. 168, § 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 15 - ARKANSAS STATE CRIMINAL RECORDS ACT (§§ 12-12-1501 — 12-12-1513) › Section 12-12-1508 - Access to information - Fee

(a)
Criminal history information or requestor information collected and maintained under this subchapter is not considered public record information for dissemination within the intent and meaning of the Freedom of Information Act of 1967, §
25-19-101
et seq.
(b)
A fee for providing criminal history information shall be charged for each criminal history information requested.
Acts 2003 (1st Ex. Sess.), No. 63, § 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 15 - ARKANSAS STATE CRIMINAL RECORDS ACT (§§ 12-12-1501 — 12-12-1513) › Section 12-12-1509 - Right of review and challenge

(a)
(1)
A person may review and challenge his or her criminal history information under §
12-12-1013
.
(2)
No fee shall be charged for the review or challenge of criminal history information.
(b)
(1)
A person may go to any law enforcement agency, provide positive verification of his or her identity, be fingerprinted by the law enforcement agency, and supply written details of the errors in the criminal history information.
(2)
The local law enforcement agency must send the fingerprint card and information directly to the Identification Bureau of the Department of Arkansas State Police.
(3)
The law enforcement agency shall verify that the identification of the person and the fingerprint card information are correct.
(4)
There shall be no charge from the Department of Arkansas State Police or the Arkansas Crime Information Center for this review process.
(c)
(1)
After positive identification verification, a person may review his or her requestor information maintained through the department or its designee.
(2)
No fee shall be charged for this review.
Acts 2003 (1st Ex. Sess.), No. 63, § 9.
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 15 - ARKANSAS STATE CRIMINAL RECORDS ACT (§§ 12-12-1501 — 12-12-1513) › Section 12-12-1510 - Fees

(a)
(1)
Except as provided in subsection (c) of this section, a fee may be charged for providing criminal history information under this subchapter.
(2)
The amount of the fee shall be determined jointly by the Department of Arkansas State Police and the Arkansas Crime Information Center and shall not exceed twenty dollars ($20.00), exclusive of any third-party electronic processing fee charges.
(3)
(A)
The fees shall be credited fifty percent (50%) to the Crime Information System Fund and fifty percent (50%) to the State Police Equipment Fund.
(B)
The center may utilize these funds for the operation or expansion of the automated criminal justice information system, subject to legislative appropriations.
(C)
The department may utilize these funds for the operation, expansion, and integration of the automated fingerprint identification system, which includes components and software to support a total integrated solution associated with the system.
(b)
Special revenues deposited into the Crime Information System Fund and the State Police Equipment Fund may be used for personal services and operating expenses as provided by law, and any special revenues unused at the end of any fiscal year shall be carried forward.
(c)
Any fee collected pursuant to a release of information under §
12-12-1506(d)
shall be determined jointly by the department and the center and shall not exceed twenty dollars ($20.00) per request, exclusive of any third-party electronic processing or payment fee charged, and shall be credited as follows:
(1)
Thirty-eight percent (38%) as special revenues to the State Police Equipment Fund, which may be utilized for the automated fingerprint identification system, and includes components and software to support a total integrated solution associated with the system;
(2)
Thirty-eight percent (38%) as special revenues to the Crime Information System Fund, which may be used for the operation or expansion of the automated criminal justice information system; and
(3)
Twenty-four percent (24%) to the Crime Victims Reparations Revolving Fund.
Amended by Act 2015, No. 1185,§ 4, eff. 1/1/2016.
Acts 2003 (1st Ex. Sess.), No. 63, § 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 15 - ARKANSAS STATE CRIMINAL RECORDS ACT (§§ 12-12-1501 — 12-12-1513) › Section 12-12-1511 - Penalty

Any person who shall knowingly release or disclose to any unauthorized person any information collected and maintained under this subchapter and any person who knowingly obtains the information for purposes not authorized by this subchapter shall be deemed guilty of a Class A misdemeanor.
Acts 2003 (1st Ex. Sess.), No. 63, § 11.
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 15 - ARKANSAS STATE CRIMINAL RECORDS ACT (§§ 12-12-1501 — 12-12-1513) › Section 12-12-1512 - Rules

The Division of Arkansas State Police and the Arkansas Crime Information Center may promulgate rules as are necessary to implement, enforce, and administer this subchapter.
Amended by Act 2019, No. 315,§ 871, eff. 7/24/2019.
Acts 2003 (1st Ex. Sess.), No. 63, § 11.
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 15 - ARKANSAS STATE CRIMINAL RECORDS ACT (§§ 12-12-1501 — 12-12-1513) › Section 12-12-1513 - Status as a registered sex offender

(a)
The General Assembly finds that:
(1)
The fact that a person is a registered sex offender or is required to register as a sex offender is releasable to employers and licensing boards;
(2)
Certain agencies are mandated to perform background checks on persons who work with children, elderly persons, and individuals with intellectual or other developmental disabilities;
(3)
The offenses for which an agency may exclude a person from employment are outlined in Arkansas law, but being a registered sex offender or being required to register as a sex offender is not listed as a disqualification;
(4)
It is a primary government interest to protect the public against sex offenders. A registered sex offender poses a higher risk of reoffending; therefore, release of certain information will assist in protecting the safety of the public;
(5)
Protection of the safety of the public will be increased by allowing agencies to immediately take the actions or precautions they deem necessary before employing or licensing the registrant or after employment or licensing of the registrant including, but not limited to, termination of employment or revocation of license;
(6)
The provisions of this section are civil in nature and for the protection of the public; and
(7)
It is the intent of this section that being a registered sex offender as a result of a court order or that being required to register as a sex offender as a result of a court order may exclude a person from employment or licensure with agencies and boards that are mandated by Arkansas law to perform criminal history background checks.
(b)
Whenever a noncriminal justice criminal history background check is performed on a person under the provisions of any criminal background check requirement contained in the Arkansas Code for employment, licensure, or any other purpose, the person may be disqualified for employment, licensure, or any other purpose for which the background check was conducted if it is determined that a court has entered an order requiring the person to register as a sex offender.
Amended by Act 2019, No. 1035,§ 8, eff. 7/24/2019.
Acts 2005, No. 1941, § 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 16 - CRIMINAL HISTORY FOR VOLUNTEERS ACT (§§ 12-12-1601 — 12-12-1610) › Section 12-12-1601 - Title

This subchapter shall be known and may be cited as the "Criminal History for Volunteers Act".
Acts 2005, No. 1778, § 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 16 - CRIMINAL HISTORY FOR VOLUNTEERS ACT (§§ 12-12-1601 — 12-12-1610) › Section 12-12-1602 - Purpose

The purpose of this subchapter is to allow volunteer organizations to request and receive information regarding the qualifications of an individual who volunteers his or her time or services to work with children, the elderly, victims of domestic abuse, or individuals with disabilities based upon the individual's state and federal criminal history.
Acts 2005, No. 1778, § 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 16 - CRIMINAL HISTORY FOR VOLUNTEERS ACT (§§ 12-12-1601 — 12-12-1610) › Section 12-12-1603 - Definitions

As used in this subchapter:
(1)
"Children" means individuals under sixteen (16) years of age;
(2)
"Conviction" means that an individual has been found guilty of or has pleaded guilty or nolo contendere to any offense by any court in the State of Arkansas or of any similar offense by a court in another state or a federal court regardless of whether the conviction has been sealed or expunged;
(3)
"Criminal history information" means a record compiled by the Arkansas Crime Information Center or the Identification Bureau of the Division of Arkansas State Police on an individual;
(4)
"Domestic abuse" means the same as defined in §
9-4-102
;
(5)
"Elderly" means individuals sixty-five (65) years of age or older;
(6)
"Employee" means an individual currently in the service of an employer for full-time or part-time compensation and employed by contract or at will, in which the employer has the authority to control the individual in the material details of how work shall be performed and when compensation shall be provided;
(7)
"Individuals with disabilities" means individuals with mental illness or intellectual or other developmental disabilities or with physical or mental impairments that substantially limit one (1) or more of the major life activities of the individual;
(8)
"Volunteer" means an individual who provides services involving contact with children, the elderly, victims of domestic abuse, or individuals with disabilities without an express or implied promise of compensation; and
(9)
"Volunteer organization" means an individual, group of individuals, association, partnership, corporation, limited liability company or partnership, business, public school, school district, person or organization designated by a public school or school district to organize volunteers for the public school or school district, or other entity that has volunteers who provide services to children, the elderly, victims of domestic abuse, or individuals with disabilities.
Amended by Act 2019, No. 1035,§ 9, eff. 7/24/2019.
Amended by Act 2013, No. 575,§ 1, eff. 4/2/2013.
Acts 2005, No. 1778, § 1; 2011, No. 779, § 12.
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 16 - CRIMINAL HISTORY FOR VOLUNTEERS ACT (§§ 12-12-1601 — 12-12-1610) › Section 12-12-1604 - Authority

(a)
The Department of Arkansas State Police and the Arkansas Crime Information Center may provide background check services to a volunteer organization pursuant to the provisions of this subchapter.
(b)
The department and the center may promulgate rules to administer the provisions of this subchapter.
Acts 2005, No. 1778, § 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 16 - CRIMINAL HISTORY FOR VOLUNTEERS ACT (§§ 12-12-1601 — 12-12-1610) › Section 12-12-1605 - Registration by volunteer organization

(a)
A volunteer organization desiring to obtain criminal background check information on volunteers shall register with the Department of Arkansas State Police.
(b)
The department may promulgate rules regarding registration with the department to obtain criminal background check information.
(c)
If the volunteer organization desires to receive criminal background check information from the Federal Bureau of Investigation, the volunteer organization shall include a copy of the minutes from its most recent board meeting that lists offenses that the volunteer organization considers to disqualify an applicant to volunteer from serving as a volunteer with the volunteer organization.
Acts 2005, No. 1778, § 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 16 - CRIMINAL HISTORY FOR VOLUNTEERS ACT (§§ 12-12-1601 — 12-12-1610) › Section 12-12-1606 - Request for criminal background check

(a)
(1)
Any volunteer organization registered to obtain criminal background check information from the Arkansas Crime Information Center or the Federal Bureau of Investigation concerning volunteers may apply to the Identification Bureau of the Department of Arkansas State Police for the purpose of obtaining criminal history information regarding any individual currently acting as a volunteer with the volunteer organization or desiring to act as a volunteer with the volunteer organization.
(2)
The request form submitted by the volunteer organization shall include:
(A)
The name of the volunteer organization;
(B)
The identifying information of the individual for whom the background check is sought; and
(C)
A signed authorization form executed by the volunteer authorizing the Identification Bureau of the Department of Arkansas State Police to release criminal history information.
(b)
The request form shall be subject to inspection by the Department of Arkansas State Police.
(c)
The volunteer organization shall retain a copy of the criminal background check request for a period of at least three (3) years from the date of the request.
Acts 2005, No. 1778, § 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 16 - CRIMINAL HISTORY FOR VOLUNTEERS ACT (§§ 12-12-1601 — 12-12-1610) › Section 12-12-1607 - Background checks

(a)
(1)
Upon receipt of a proper request from a volunteer organization, the Identification Bureau of the Department of Arkansas State Police shall conduct a background check through the Arkansas Crime Information Center.
(2)
(A)
The Identification Bureau of the Department of Arkansas State Police shall provide the information obtained from the Arkansas background check to the volunteer organization.
(B)
The information shall include:
(i)
All pending Arkansas felony arrests;
(ii)
All Arkansas criminal convictions; and
(iii)
Whether the individual is a registered sex offender or required to register as a sex offender.
(b)
(1)
Upon the completion of the Arkansas background check, the volunteer organization may request through the Identification Bureau of the Department of Arkansas State Police a national criminal background check through the Federal Bureau of Investigation.
(2)
The volunteer organization shall not be required to submit an additional application for the state and national criminal background check through the Federal Bureau of Investigation.
(3)
The national background check shall comply with federal standards in effect as of January 1, 2005, including, but not limited to, standards concerning the requirement of the submission of the fingerprints of the volunteer.
(4)
The Identification Bureau of the Department of Arkansas State Police shall not release the Federal Bureau of Investigation criminal history report to the volunteer organization but shall review the report and the criteria provided by the volunteer organization in its registration to obtain criminal background check information on volunteers and notify the volunteer organization whether the volunteer meets the qualifications for serving as a volunteer with the organization.
(c)
A volunteer organization shall consider all information received in response to a request for criminal background information confidential.
Acts 2005, No. 1778, § 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 16 - CRIMINAL HISTORY FOR VOLUNTEERS ACT (§§ 12-12-1601 — 12-12-1610) › Section 12-12-1608 - Penalty

The following acts are a Class A misdemeanor:
(1)
Knowingly releasing or disclosing criminal history information to any unauthorized volunteer organization or person; or
(2)
Obtaining criminal history information for a purpose not authorized by this subchapter.
Acts 2005, No. 1778, § 1; 2011, No. 779, § 13.
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 16 - CRIMINAL HISTORY FOR VOLUNTEERS ACT (§§ 12-12-1601 — 12-12-1610) › Section 12-12-1609 - Fees

(a)
(1)
The Department of Arkansas State Police may charge a fee for providing criminal history background checks under this subchapter.
(2)
The amount of the fee for a criminal history background check conducted through the Arkansas Crime Information Center shall be determined jointly by the department and the center and shall not exceed twenty dollars ($20.00), exclusive of any third-party electronic processing fee charges.
(3)
The amount of the fee for a criminal history background check performed by the Federal Bureau of Investigation shall not exceed the amount determined by the Federal Bureau of Investigation.
(b)
Fees collected pursuant to this subchapter shall be credited as follows:
(1)
Fifty percent (50%) to the Crime Information System Fund; and
(2)
Fifty percent (50%) to the State Police Equipment Fund, to be used for the continued operation and expansion of the automated criminal history system and the automated fingerprint identification system.
Acts 2005, No. 1778, § 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 16 - CRIMINAL HISTORY FOR VOLUNTEERS ACT (§§ 12-12-1601 — 12-12-1610) › Section 12-12-1610 - Extent of disclosure

(a)
The Department of Arkansas State Police and the Arkansas Crime Information Center shall disseminate criminal history information to the extent entries have been made at the time of the request for the information.
(b)
Any event, activity, or any portion of the criminal history information that has not been processed by the department or the center shall not be required to be included in the dissemination.
(c)
A request for information, supporting documents, and any response to a request for criminal background check information under this subchapter shall not be subject to disclosure under the Freedom of Information Act of 1967, §
25-19-101
et seq.
Acts 2005, No. 1778, § 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 17 - ADULT AND LONG-TERM CARE FACILITY RESIDENT MALTREATMENT ACT (§§ 12-12-1701 — 12-12-1723) › Section 12-12-1701 - Title

This subchapter shall be known and may be cited as the "Adult and Long-Term Care Facility Resident Maltreatment Act".
Acts 2005, No. 1812, § 1.
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 17 - ADULT AND LONG-TERM CARE FACILITY RESIDENT MALTREATMENT ACT (§§ 12-12-1701 — 12-12-1723) › Section 12-12-1702 - Purpose

The purpose of this subchapter is to:
(1)
Provide a system for the reporting of known or suspected adult and long-term care facility resident maltreatment;
(2)
Ensure the screening, safety assessment, and prompt investigation of reports of known or suspected adult and long-term care facility resident maltreatment;
(3)
Provide for a civil action, if appropriate, to protect maltreated adults and long-term care facility residents; and
(4)
Encourage the cooperation of state law enforcement officials, courts, and state agencies in the investigation and assessment of maltreated adults and long-term care facility residents, and prosecution of offenders.
Acts 2005, No. 1812, § 1; 2007, No. 283, § 6.
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 17 - ADULT AND LONG-TERM CARE FACILITY RESIDENT MALTREATMENT ACT (§§ 12-12-1701 — 12-12-1723) › Section 12-12-1704 - Spiritual treatment alone not abusive

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.
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 17 - ADULT AND LONG-TERM CARE FACILITY RESIDENT MALTREATMENT ACT (§§ 12-12-1701 — 12-12-1723) › Section 12-12-1705 - Privilege not grounds for exclusion of evidence

Any privilege between husband and wife or between any professional person and his or her clients, except lawyer and client, including, but not limited to, physicians, members of the clergy, counselors, hospitals, clinics, rest homes, and nursing homes shall not constitute grounds for excluding evidence at any proceeding regarding an endangered person or an impaired person, or the cause of the proceeding.
Acts 2005, No. 1812, § 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 17 - ADULT AND LONG-TERM CARE FACILITY RESIDENT MALTREATMENT ACT (§§ 12-12-1701 — 12-12-1723) › Section 12-12-1706 - Civil penalties

(a)
(1)
The Attorney General may institute a civil action on behalf of the State of Arkansas against any long-term care facility caregiver or board and care facility caregiver necessary to enforce any provision of this subchapter.
(2)
Notwithstanding any criminal penalties assessed, any caregiver against whom any civil judgment is entered as the result of a civil action brought by the State of Arkansas through the Attorney General on a complaint alleging that caregiver to have abused, neglected, or exploited an endangered person or an impaired person in a board and care facility or in a long-term care facility certified under Title XIX of the Social Security Act,
42 U.S.C. § 1396
et seq., shall be subject to pay a civil penalty:
(A)
Not to exceed ten thousand dollars ($10,000) for each violation judicially found to have occurred; or
(B)
Not to exceed fifty thousand dollars ($50,000) for the death of a long-term care facility resident that results from a single violation.
(3)
(A)
The Attorney General shall not be precluded from recovering civil penalties under subdivision (a)(2)(A) of this section for the death of a person that results from multiple violations.
(B)
However, the Attorney General may not recover civil penalties under both subdivisions (a)(2)(A) and (B) of this section.
(b)
In any action brought under this section, the Attorney General shall be required to prove all essential elements of the cause of action, including damages, by a preponderance of the evidence.
(c)
Any civil penalty under subdivision (a)(2) of this section shall be paid into the State Treasury and credited to the Arkansas Medicaid Program Trust Fund.
(d)
Any caregiver against whom any civil judgment is entered as the result of a civil action under this section by the Attorney General shall be required to pay to the Attorney General all reasonable expenses that the court determines have been necessarily incurred in the enforcement of this subchapter.
(e)
A civil action under this section may not be brought more than three (3) years after the date on which the violation of this subchapter is committed.
Amended by Act 2021, No. 617,§ 4, eff. 7/28/2021.
Acts 2005, No. 1812, § 1.