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 17 - ADULT AND LONG-TERM CARE FACILITY RESIDENT MALTREATMENT ACT (§§ 12-12-1701 — 12-12-1723) › Section 12-12-1707 - Adult and long-term care facility resident maltreatment hotline

(a)
The Department of Human Services shall maintain a single statewide telephone number that all persons, whether mandated by law or not, may use to report a case of suspected adult maltreatment and long-term care facility resident maltreatment.
(b)
When appropriate, a copy of the initial report shall immediately be made available to the appropriate law enforcement agency for its consideration.
(c)
(1)
The department shall not release information that would identify the person who made the report unless a court of competent jurisdiction orders release of the information after the court has reviewed in camera the record related to the report and has found that disclosure is necessary:
(A)
To prevent execution of a crime; or
(B)
For prosecution of a crime.
(2)
(A)
However, any person to whom the name of the reporter is disclosed is prohibited from redisclosing this information, except as provided in subdivision (c)(2)(B) of this section.
(B)
(i)
Upon request, the information shall be disclosed to:
(a)
The Attorney General;
(b)
The prosecuting attorney; or
(c)
Law enforcement officers.
(ii)
However, the information shall remain confidential until criminal charges are filed.
(d)
(1)
A report of an allegation of suspected adult maltreatment or long-term care facility resident maltreatment shall be accepted if the allegation, if true, would constitute adult maltreatment or long-term care facility resident maltreatment and so long as sufficient identifying information is provided to identify and locate the victim.
(2)
A report to the hotline when the allegation, even if true, would not constitute adult maltreatment or long-term care facility resident maltreatment shall be screened out.
(e)
(1)
The hotline shall accept a report if the victim or offender is present in Arkansas or if the incident occurred in Arkansas.
(2)
If the incident occurred in another state, the hotline shall screen out the report and transfer the report to the hotline of the state in which the incident occurred.
(3)
Upon request from an adult maltreatment or long-term care facility resident maltreatment investigator in another state, the department shall complete courtesy interviews with the victim, offender, or any witness of adult maltreatment who resides in Arkansas.
(f)
Upon registration of a hotline report of suspected adult maltreatment or long-term care facility resident maltreatment, the hotline shall refer the matter immediately to the appropriate investigating agency as outlined in this subchapter.
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 12-12-1709 - Report of death caused by maltreatment

(a)
(1)
Any person or official who is required to report a case of suspected adult maltreatment or long-term care facility resident maltreatment under this subchapter and who has reasonable cause to suspect that an adult or long-term care facility resident has died as a result of maltreatment shall report the suspected death from maltreatment to the appropriate medical examiner or coroner.
(2)
(A)
In all cases of the death of a long-term care facility resident or a hospice facility resident, the long-term care facility or the hospice facility shall immediately report the death to the appropriate coroner.
(B)
The report is required regardless of whether the long-term care facility or the hospice facility believes the death to be from natural causes or the result of maltreatment or any other cause.
(3)
(A)
In all cases of the death in a hospital of a person who was a long-term care facility resident within five (5) days before entering the hospital, the hospital shall immediately report the death to the appropriate coroner.
(B)
The report is required regardless of whether the hospital believes the death to be from natural causes, the result of maltreatment, or any other cause.
(b)
(1)
The medical examiner or coroner shall accept the report for investigation and upon finding reasonable cause to suspect that a person has died as a result of maltreatment shall report the findings to a law enforcement agency and the appropriate prosecuting attorney.
(2)
If the institution making the report is a hospital or long-term care facility, the medical examiner or coroner shall report the findings to the hospital or long-term care facility unless the findings are part of a pending or ongoing law enforcement investigation.
(c)
If it receives findings under subdivision (b)(2) of this section, the medical examiner, coroner, or hospital shall also report findings under subsection (b) of this section to the Department of Human Services if:
(1)
Reasonable cause exists to believe the death resulted from maltreatment; or
(2)
Upon request of the department and there is a pending investigation concerning allegations of maltreatment occurring before death.
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 12-12-1710 - Investigation by Department of Human Services

(a)
The Department of Human Services shall have jurisdiction to investigate all cases of suspected maltreatment of an endangered person or an impaired person.
(b)
(1)
The Adult Protective Services Unit of the Department of Human Services shall investigate:
(A)
All cases of suspected adult maltreatment if the act or omission occurs in a place other than a long-term care facility; and
(B)
All cases of suspected adult maltreatment of an adult endangered person or an adult impaired person if a family member of the adult endangered person or adult impaired person is named as the suspected offender, regardless of whether or not the adult endangered person or adult impaired person is a long-term care facility resident.
(2)
The department shall investigate all cases of suspected maltreatment of a long-term care facility resident.
(3)
If requested by the department, a law enforcement agency possessing jurisdiction shall assist in the investigation of any case of suspected adult maltreatment or long-term care facility resident maltreatment, including accompanying the department's investigator if the department has a reasonable belief that the investigator's safety could be compromised.
Amended by Act 2019, No. 967,§ 1, eff. 4/12/2019.
Amended by Act 2013, No. 584,§ 4, eff. 8/16/2013.
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 12-12-1711 - Procedures for investigation by the Department of Human Services

(a)
The Department of Human Services shall conduct a thorough investigation of all suspected adult maltreatment or long-term care facility resident maltreatment in accordance with this subchapter.
(b)
(1)
(A)
The investigation shall be completed and an investigative determination entered within:
(i)
Ninety (90) days for an allegation of exploitation; or
(ii)
Sixty (60) days for any other type of adult maltreatment allegation.
(B)
The department may extend an investigation for up to an additional forty-five (45) days if the department is unable to complete the investigation or written investigative report due to untimely or uncooperative records, interviews, or information being provided by a source necessary for the investigation.
(2)
The investigation shall be conducted by an examination and review of the allegations and any other information concerning suspected adult maltreatment or long-term care facility resident maltreatment received by or collected by the department from any source.
(3)
The investigation and written investigative report shall include:
(A)
The nature, extent, and cause of the adult maltreatment or long-term care facility resident maltreatment;
(B)
The identity of the person responsible;
(C)
The names and conditions of other adults in the home, if the incident occurred in a home;
(D)
An evaluation of the persons responsible for the care of the maltreated person, if any;
(E)
The home environment, the relationship of the maltreated person to the next of kin or other person responsible for his or her care, and all other pertinent data; and
(F)
(i)
If the incident occurred in the home, a visit to the maltreated person's home and an interview with the maltreated person.
(ii)
An investigator shall interview the maltreated person alone and out of the hearing of any next of kin or other person responsible for the maltreated person's care.
(iii)
If necessary, an interpreter may be present during the interview of the maltreated person.
Amended by Act 2021, No. 549,§ 1, eff. 7/28/2021.
Amended by Act 2019, No. 967,§ 2, eff. 4/12/2019.
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 12-12-1712 - Photographs and X-rays

(a)
Any person who is required to report a case of adult maltreatment or long-term care facility resident maltreatment may take or cause to be taken, at public expense, color photographs of the area of trauma visible on the maltreated person and, if medically indicated, cause to be performed radiological examination of the maltreated person.
(b)
(1)
Whenever a person is required to report under this subchapter in his or her capacity as a member of the staff of any private or public institution or agency, he or she shall immediately notify the person in charge of the institution or agency or his or her designee.
(2)
Upon notification under subdivision (b)(1) of this section, the person in charge of the institution or agency or his or her designee shall:
(A)
Take or cause to be taken, at public expense, color photographs of physical trauma; and
(B)
If medically indicated, cause to be performed a radiological examination of the maltreated person.
(c)
(1)
Any photograph or X-ray taken under this section shall be sent to the Department of Human Services as soon as possible.
(2)
The department is not required to pay for a photograph or X-ray or a copy of a photograph or X-ray taken under this section.
Amended by Act 2019, No. 955,§ 1, eff. 7/24/2019.
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 12-12-1713 - Immunity for investigation participants

(a)
Any person, official, or institution acting in good faith in the making of a report, the taking of a photograph, or the removal of a maltreated person under this subchapter shall have immunity from liability and suit for damages, civil or criminal, that otherwise might result by reason of those actions.
(b)
The good faith of any person required to report a case of adult maltreatment or long-term care facility resident maltreatment shall be presumed.
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 12-12-1716 - Adult and Long-term Care Facility Resident Maltreatment Central Registry

(a)
(1)
There is established within the Department of Human Services a statewide Adult and Long-term Care Facility Resident Maltreatment Central Registry.
(2)
The registry shall contain investigative determinations made by the department on all founded reports of adult maltreatment and long-term care facility resident maltreatment.
(3)
An offender's name shall be placed in the registry if:
(A)
After notice, the offender does not timely request an administrative hearing; or
(B)
Upon completion of the administrative hearing process, the department's investigative determination of founded is upheld.
(4)
An offender's name shall remain in the registry unless:
(A)
The name is removed under a statute;
(B)
The name is removed under a rule; or
(C)
The offender prevails upon appeal.
(b)
The department may adopt rules necessary to encourage cooperation with other states in exchanging reports to effect a national registry system of adult maltreatment.
(c)
(1)
The department may charge a reasonable fee not to exceed ten dollars ($10.00) for researching, copying, and mailing records of the investigative files maintained under this subchapter.
(2)
The department may also charge a reasonable fee for reproducing copies of tapes and photographs maintained under this subchapter.
(3)
No fee may be charged to a nonprofit or volunteer agency that requests a search of the investigative files maintained under this subchapter.
(4)
No fee may be charged under this subchapter to a person who is indigent.
Acts 2005, No. 1812, § 1; 2009, No. 525, § 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 17 - ADULT AND LONG-TERM CARE FACILITY RESIDENT MALTREATMENT ACT (§§ 12-12-1701 — 12-12-1723) › Section 12-12-1719 - Delegation of authority

The Secretary of the Department of Human Services may assign responsibilities for administering the various duties imposed upon the Department of Human Services under this subchapter to respective divisions of the department that in the secretary's opinion are best able to render service or administer the provisions of this subchapter.
Amended by Act 2019, No. 910,§ 5155, eff. 7/1/2019.
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 12-12-1721 - Reports as evidence

(a)
A written report from a person or official required by this subchapter to report shall be admissible in evidence in any proceeding relating to adult maltreatment or long-term care facility resident maltreatment.
(b)
The affidavit of a physician, psychiatrist, psychologist, or licensed certified social worker shall be admissible in evidence in any proceeding relating to adult maltreatment or long-term care facility resident maltreatment.
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 12-12-1722 - Services available on investigative finding of founded or unfounded

(a)
If an investigation under this subchapter is determined to be founded, the Department of Human Services may open a protective services case.
(b)
(1)
If the department opens a protective services case under this section, the department shall provide services to the endangered person or impaired person in an effort to prevent:
(A)
Additional maltreatment to the endangered person or impaired person; or
(B)
Removal of the endangered person or impaired person from the home.
(2)
Services provided by the department shall be relevant to the needs of the endangered person or impaired person.
(c)
If at any time during the protective services case the department determines that the endangered person or impaired person cannot safely remain at home, the department shall take steps to remove the endangered person or impaired person under custody under the Arkansas Adult Maltreatment Custody Act, §
9-20-101
et seq.
(d)
Upon request, the department shall be provided a copy of the results of radiology procedures, videotapes, photographs, medical records, or financial records on an endangered person or impaired person if the department has an open protective services case.
(e)
If the report of adult maltreatment is deemed unfounded, the department may offer supportive services to the alleged endangered person or impaired person.
(f)
An alleged endangered person or impaired person may accept or reject supportive services at any time.
Amended by Act 2013, No. 584,§ 14, eff. 8/16/2013.
Amended by Act 2013, No. 584,§ 13, eff. 8/16/2013.
Acts 2011, No. 206, § 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 17 - ADULT AND LONG-TERM CARE FACILITY RESIDENT MALTREATMENT ACT (§§ 12-12-1701 — 12-12-1723) › Section 12-12-1723 - Rules

The Secretary of the Department of Human Services may adopt rules to implement this subchapter.
Amended by Act 2019, No. 910,§ 5156, eff. 7/1/2019.
Added by Act 2013, No. 584,§ 15, 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 18 - USE OF AUTOMATIC LICENSE PLATE READER SYSTEMS (§§ 12-12-1801 — 12-12-1808) › Section 12-12-1801 - Title

This subchapter is known and may be cited as the "Automatic License Plate Reader System Act".
Added by Act 2013, No. 1491,§ 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 18 - USE OF AUTOMATIC LICENSE PLATE READER SYSTEMS (§§ 12-12-1801 — 12-12-1808) › Section 12-12-1802 - Definitions

As used in this subchapter:
(1)
"Alert" means data held by the Office of Motor Vehicle, the Arkansas Crime Information Center including without limitation the Arkansas Crime Information Center's Missing Persons Information Clearinghouse, the National Crime Information Center, and the Federal Bureau of Investigation Kidnappings and Missing Persons database;
(2)
"Automatic license plate reader system" means a system of one (1) or more mobile or fixed automated high-speed cameras used in combination with computer algorithms to convert images of license plates into computer-readable data;
(3)
(A)
"Captured plate data" means the global positioning device coordinates, date and time, photograph, license plate number, and any other data captured by or derived from any automatic license plate reader system.
(B)
Captured plate data shall not include any personal data;
(4)
"Governmental entity" means a lawfully created branch, department, or agency of the federal, state, or local government; and
(5)
"Secured area" means an area, enclosed by clear boundaries, to which access is limited and not open to the public, and entry is obtainable only through specific access-control points.
Added by Act 2013, No. 1491,§ 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 18 - USE OF AUTOMATIC LICENSE PLATE READER SYSTEMS (§§ 12-12-1801 — 12-12-1808) › Section 12-12-1803 - Restrictions on use

(a)
Except as provided in subsection (b) of this section, it is unlawful for an individual, partnership, corporation, association, or the State of Arkansas, its agencies, and political subdivisions to use an automatic license plate reader system.
(b)
An automatic license plate reader system may be used:
(1)
By a state, county, or municipal law enforcement agency for the comparison of captured plate data with data held by the Office of Motor Vehicle, the Arkansas Crime Information Center, the National Crime Information Center, a database created by law enforcement for the purposes of an ongoing investigation, and the Federal Bureau of Investigation for any lawful purpose;
(2)
By parking enforcement entities for regulating the use of parking facilities;
(3)
For the purpose of controlling access to secured areas; or
(4)
(A)
By the Arkansas Highway Police Division of the Arkansas Department of Transportation for the electronic verification of registration, logs, and other compliance data to provide more efficient movement of commercial vehicles on a state highway.
(B)
An automatic license plate reader system used under subdivision (b)(4)(A) of this section shall be installed at an entrance ramp at a weigh station facility for the review of a commercial motor vehicle entering the weigh station facility.
Amended by Act 2017, No. 707,§ 18, eff. 8/1/2017.
Amended by Act 2017, No. 250,§ 9, eff. 8/1/2017.
Amended by Act 2015, No. 849,§ 1, eff. 7/22/2015.
Added by Act 2013, No. 1491,§ 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 18 - USE OF AUTOMATIC LICENSE PLATE READER SYSTEMS (§§ 12-12-1801 — 12-12-1808) › Section 12-12-1804 - Protections

(a)
Captured plate data obtained for the purposes described under §
12-12-1803(b)
shall not be used or shared for any other purpose and shall not be preserved for more than one hundred fifty (150) days.
(b)
Captured plate data obtained by an entity under §
12-12-1803(b)(1)
may be retained as part of an ongoing investigation and shall be destroyed at the conclusion of either:
(1)
An investigation that does not result in any criminal charges being filed; or
(2)
Any criminal action undertaken in the matter involving the captured plate data.
(c)
A governmental entity that uses an automatic license plate reader system under §
12-12-1803(b)(1)
shall update the captured plate data collected under this subchapter every twenty-four (24) hours if updates are available.
(d)
(1)
Except as provided under subdivision (d)(2) of this section, a governmental entity authorized to use an automatic license plate reader system under §
12-12-1803(b)
shall not sell, trade, or exchange captured plate data for any purpose.
(2)
Captured plate data obtained by a law enforcement agency under §
12-12-1803(b)(1)
that indicates evidence of an offense may be shared with other law enforcement agencies.
Added by Act 2013, No. 1491,§ 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 18 - USE OF AUTOMATIC LICENSE PLATE READER SYSTEMS (§§ 12-12-1801 — 12-12-1808) › Section 12-12-1805 - Practice and usage data preservation

(a)
An entity that uses an automatic license plate reader system under §
12-12-1803(b)
shall:
(1)
Compile statistical data identified in subsection (b) of this section every six (6) months into a format sufficient to allow the general public to review the compiled data; and
(2)
Preserve the compiled data for eighteen (18) months.
(b)
The preserved data shall include:
(1)
The number of license plates scanned;
(2)
The names of the lists against which captured plate data were checked;
(3)
For each check of captured plate data against a list:
(A)
The number of confirmed matches;
(B)
The number of matches that upon further investigation did not correlate to an alert; and
(C)
The number of matches that resulted in arrest and prosecution; and
(4)
(A)
Promulgate rules and policies concerning the manner and method of obtaining, retaining, and destroying captured plate data, including without limitation specific rules and policies concerning retention of material in excess of one hundred fifty (150) days under §
12-12-1804(b)
and make those rules and policies available for public inspection.
(B)
Failure to comply with subdivision (b)(4)(A) of this section shall be grounds for a court of competent jurisdiction to exclude any evidence obtained under this subchapter.
Added by Act 2013, No. 1491,§ 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 18 - USE OF AUTOMATIC LICENSE PLATE READER SYSTEMS (§§ 12-12-1801 — 12-12-1808) › Section 12-12-1806 - Use of data and data-derived evidence

Captured plate data and evidence derived from it shall not be received in evidence in any trial, hearing, or other proceeding before any court, grand jury, department, officer, agency, regulatory body, legislative committee, or other authority of the state or a political subdivision of the state if the disclosure of that information would be in violation of this subchapter.
Added by Act 2013, No. 1491,§ 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 18 - USE OF AUTOMATIC LICENSE PLATE READER SYSTEMS (§§ 12-12-1801 — 12-12-1808) › Section 12-12-1807 - Penalties

(a)
A person who violates this subchapter shall be subject to legal action for damages to be brought by any other person claiming that a violation of this subchapter has injured his or her business, person, or reputation.
(b)
A person so injured shall be entitled to actual damages or liquidated damages of one thousand dollars ($1,000), whichever is greater, and other costs of litigation.
Added by Act 2013, No. 1491,§ 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 18 - USE OF AUTOMATIC LICENSE PLATE READER SYSTEMS (§§ 12-12-1801 — 12-12-1808) › Section 12-12-1808 - Privacy

(a)
(1)
Captured plate data or data obtained from the Office of Motor Vehicle may be disclosed only:
(A)
To the person to whom the vehicle is registered;
(B)
After the written consent of the person to whom the vehicle is registered; or
(C)
If the disclosure of the data is permitted by the Driver's Privacy Protection Act of 1994,
18 U.S.C. § 2721
et seq., as it existed on January 1, 2013.
(2)
Practice and usage data compiled and preserved under §
12-12-1806
are a public record for purposes of the Freedom of Information Act of 1967, §
25-19-101
et seq.
(b)
Upon the presentation to an appropriate governmental entity of a valid, outstanding protection order protecting the driver of a vehicle jointly registered with or registered solely in the name of the individual against whom the order was issued, captured plate data shall not be disclosed except as the result of a match under §
12-12-1803(b)
.
Added by Act 2013, No. 1491,§ 1, eff. 8/16/2013.
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 19 - LOCATION INFORMATION OF WIRELESS TELECOMMUNICATIONS DEVICE AND GEOLOCATION OF INTERNET PROTOCOL ADDRESS IN EMERGENCY SITUATION (§§ 12-12-1901 — 12-12-1906) › Section 12-12-1901 - Definitions

As used in this subchapter:
(1)
"Commercial mobile radio service" means a commercial mobile service under
47 U.S.C. § 151
et seq., Federal Communications Commission rules, and the Omnibus Budget Reconciliation Act of 1993, Pub. L. No. 103-66;
(2)
"Contact information" means the name of a person or a compilation of names of persons who can immediately respond to and facilitate a request for location information from a public safety agency at any time;
(3)
"Geolocation" means the identification or estimation of a geographic location of an internet-enabled device connected to a computer network;
(4)
"Internet protocol (IP) address" means a numerical label assigned to each device connected to a computer network that uses internet protocol for communication;
(5)
"Law enforcement agency" means the Division of Arkansas State Police, the Attorney General's office, a prosecuting attorney's office, a county sheriff's department, a municipal police department, or a state agency with a law enforcement division;
(6)
"Location information" means cell site or other geographic location estimate information in possession of a commercial mobile radio service provider; and
(7)
"Public safety agency" means an agency that provides firefighting, law enforcement, medical, or other emergency services.
Amended by Act 2019, No. 584,§ 1, eff. 7/24/2019.
Added by Act 2015, No. 405,§ 1, eff. 7/22/2015.
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 19 - LOCATION INFORMATION OF WIRELESS TELECOMMUNICATIONS DEVICE AND GEOLOCATION OF INTERNET PROTOCOL ADDRESS IN EMERGENCY SITUATION (§§ 12-12-1901 — 12-12-1906) › Section 12-12-1902 - Commercial mobile radio service or internet service provider to provide information upon request

(a)
Upon request of a law enforcement agency, a commercial mobile radio service provider shall provide location information of a wireless telecommunications device and an internet service provider shall provide geolocation information of an internet protocol (IP) address to the law enforcement agency, in the most expeditious manner reasonably available to the internet service provider, in order that the law enforcement agency may respond to a call for emergency services or to an emergency situation that involves the risk of death or serious physical harm.
(b)
This section does not prohibit a commercial mobile radio service provider or an internet service provider from establishing protocols by which the commercial mobile radio service provider or the internet service provider may voluntarily disclose location information or geolocation information.
(c)
Within five (5) days of providing location information or geolocation information to a requesting law enforcement agency, a commercial mobile radio service provider or an internet service provider that supplied the law enforcement agency with location information or geolocation information under this subchapter may request, and the law enforcement agency shall provide, the court order, subpoena, or search warrant, as applicable, outlining the request made and the actions taken by the law enforcement agency.
Amended by Act 2019, No. 584,§ 1, eff. 7/24/2019.
Added by Act 2015, No. 405,§ 1, eff. 7/22/2015.
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 19 - LOCATION INFORMATION OF WIRELESS TELECOMMUNICATIONS DEVICE AND GEOLOCATION OF INTERNET PROTOCOL ADDRESS IN EMERGENCY SITUATION (§§ 12-12-1901 — 12-12-1906) › Section 12-12-1903 - Limitation of liability

Notwithstanding any other provision of law, a commercial mobile radio service provider or an internet service provider, or the officers, employees, assigns, or agents of a commercial mobile radio service provider or an internet service provider are not liable for civil damages or criminal liability in connection with the development, design, installation, operation, maintenance, performance, release, or provision of location information or geolocation information or for any failure to timely process or release any request for location information or geolocation information as may be necessary under this subchapter.
Amended by Act 2019, No. 584,§ 1, eff. 7/24/2019.
Added by Act 2015, No. 405,§ 1, eff. 7/22/2015.
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 19 - LOCATION INFORMATION OF WIRELESS TELECOMMUNICATIONS DEVICE AND GEOLOCATION OF INTERNET PROTOCOL ADDRESS IN EMERGENCY SITUATION (§§ 12-12-1901 — 12-12-1906) › Section 12-12-1904 - Providers to submit contact information to Arkansas Crime Information Center

A commercial mobile radio service provider or internet service provider either authorized to do business in the state or that has submitted to the jurisdiction of the state shall immediately submit all contact information to the Arkansas Crime Information Center and shall immediately update the contact information as changes occur.
Amended by Act 2019, No. 584,§ 1, eff. 7/24/2019.
Added by Act 2015, No. 405,§ 1, eff. 7/22/2015.
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 19 - LOCATION INFORMATION OF WIRELESS TELECOMMUNICATIONS DEVICE AND GEOLOCATION OF INTERNET PROTOCOL ADDRESS IN EMERGENCY SITUATION (§§ 12-12-1901 — 12-12-1906) › Section 12-12-1905 - Additional duties of Arkansas Crime Information Center

The Arkansas Crime Information Center shall make available the contact information obtained under §
12-12-1904
on at least a quarterly basis or immediately as changes occur to each public safety agency in the state.
Amended by Act 2019, No. 584,§ 1, eff. 7/24/2019.
Added by Act 2015, No. 405,§ 1, eff. 7/22/2015.
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 19 - LOCATION INFORMATION OF WIRELESS TELECOMMUNICATIONS DEVICE AND GEOLOCATION OF INTERNET PROTOCOL ADDRESS IN EMERGENCY SITUATION (§§ 12-12-1901 — 12-12-1906) › Section 12-12-1906 - Prohibition against abuse

(a)
A commercial mobile radio service provider or internet service provider that believes the requirements of this subchapter are being abused by a law enforcement agency or a specific law enforcement officer may report the suspected abuse to the Division of Arkansas State Police for further investigation.
(b)
If the law enforcement agency that the commercial mobile radio service provider or internet service provider believes is abusing the requirements of this subchapter is the Division of Arkansas State Police, the commercial mobile radio service provider or internet service provider may report the suspected abuse to the Attorney General.
Amended by Act 2019, No. 584,§ 1, eff. 7/24/2019.
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 13 - FIRE PREVENTION (§§ 12-13-101 — 12-13-305) › Subchapter 1 - FIRE PREVENTION ACT (§§ 12-13-101 — 12-13-120) › Section 12-13-101 - Title

This subchapter shall be known as the "Fire Prevention Act".
Acts 1955, No. 254, § 1; A.S.A. 1947, § 82-806.
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 13 - FIRE PREVENTION (§§ 12-13-101 — 12-13-305) › Subchapter 1 - FIRE PREVENTION ACT (§§ 12-13-101 — 12-13-120) › Section 12-13-102 - [Repealed]

Repealed by Act 2023, No. 841,§ 9, eff. 7/1/2023.
Amended by Act 2019, No. 910,§ 5860, eff. 7/1/2019.
Amended by Act 2019, No. 910,§ 5859, eff. 7/1/2019.
Acts 1955, No. 254, § 2; A.S.A. 1947, § 82-807.
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 13 - FIRE PREVENTION (§§ 12-13-101 — 12-13-305) › Subchapter 1 - FIRE PREVENTION ACT (§§ 12-13-101 — 12-13-120) › Section 12-13-103 - [Repealed]

Repealed by Act 2023, No. 841,§ 10, eff. 7/1/2023.
Acts 1955, No. 254, § 9; A.S.A. 1947, § 82-814; Acts 2005, No. 1994, § 77.
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 13 - FIRE PREVENTION (§§ 12-13-101 — 12-13-305) › Subchapter 1 - FIRE PREVENTION ACT (§§ 12-13-101 — 12-13-120) › Section 12-13-104 - [Repealed]

Repealed by Act 2023, No. 841,§ 11, eff. 7/1/2023.
Amended by Act 2019, No. 910,§ 5861, eff. 7/1/2019.
Acts 1955, No. 254, § 3; A.S.A. 1947, § 82-808.
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 13 - FIRE PREVENTION (§§ 12-13-101 — 12-13-305) › Subchapter 1 - FIRE PREVENTION ACT (§§ 12-13-101 — 12-13-120) › Section 12-13-105 - [Repealed]

Repealed by Act 2023, No. 841,§ 12, eff. 7/1/2023.
Amended by Act 2015, No. 961,§ 1, eff. 7/22/2015.
Acts 1981, No. 540, § 12; A.S.A. 1947, § 5-914.2.
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 13 - FIRE PREVENTION (§§ 12-13-101 — 12-13-305) › Subchapter 1 - FIRE PREVENTION ACT (§§ 12-13-101 — 12-13-120) › Section 12-13-106 - [Repealed]

Repealed by Act 2023, No. 841,§ 13, eff. 7/1/2023.
Amended by Act 2019, No. 910,§ 5862, eff. 7/1/2019.
Acts 1981, No. 45, § 3; A.S.A. 1947, § 5-914.2a.
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 13 - FIRE PREVENTION (§§ 12-13-101 — 12-13-305) › Subchapter 1 - FIRE PREVENTION ACT (§§ 12-13-101 — 12-13-120) › Section 12-13-107 - [Repealed]

Repealed by Act 2023, No. 841,§ 14, eff. 7/1/2023.
Amended by Act 2019, No. 315,§ 873, eff. 7/24/2019.
Amended by Act 2019, No. 910,§ 5863, eff. 7/1/2019.
Amended by Act 2019, No. 910,§ 5402, eff. 7/1/2019.
Acts 1955, No. 254, §§ 5, 6; A.S.A. 1947, §§ 82-810, 82-811.
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 13 - FIRE PREVENTION (§§ 12-13-101 — 12-13-305) › Subchapter 1 - FIRE PREVENTION ACT (§§ 12-13-101 — 12-13-120) › Section 12-13-108 - Ex officio deputies

All mayors, members of fire departments, and peace officers shall be ex officio deputies to the Director of the Division of Arkansas State Police. They shall be subject to the duties and obligations imposed by law in fire prevention and in the investigation of the cause, origin, and circumstances of fires within their jurisdiction.
Amended by Act 2023, No. 841,§ 15, eff. 7/1/2023.
Amended by Act 2019, No. 910,§ 5864, eff. 7/1/2019.
Acts 1955, No. 254, § 4; A.S.A. 1947, § 82-809.
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 13 - FIRE PREVENTION (§§ 12-13-101 — 12-13-305) › Subchapter 1 - FIRE PREVENTION ACT (§§ 12-13-101 — 12-13-120) › Section 12-13-109 - [Repealed]

Repealed by Act 2023, No. 841,§ 16, eff. 7/1/2023.
Amended by Act 2023, No. 787,§ 2, eff. 8/1/2023.
Amended by Act 2019, No. 910,§ 5865, eff. 7/1/2019.
Acts 1955, No. 254, § 8; A.S.A. 1947, § 82-813.
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 13 - FIRE PREVENTION (§§ 12-13-101 — 12-13-305) › Subchapter 1 - FIRE PREVENTION ACT (§§ 12-13-101 — 12-13-120) › Section 12-13-110 - [Repealed]

Repealed by Act 2023, No. 841,§ 17, eff. 7/1/2023.
Amended by Act 2019, No. 315,§ 874, eff. 7/24/2019.
Amended by Act 2019, No. 910,§ 5866, eff. 7/1/2019.
Acts 1955, No. 254, §§ 7, 11; A.S.A. 1947, §§ 82-812, 82-816; Acts 2005, No. 1994, § 199.
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 13 - FIRE PREVENTION (§§ 12-13-101 — 12-13-305) › Subchapter 1 - FIRE PREVENTION ACT (§§ 12-13-101 — 12-13-120) › Section 12-13-111 - Investigation of fires

(a)
(1)
The deputies to the Director of the Division of Arkansas State Police shall investigate each fire causing loss of life or damage to property within their jurisdiction to determine if the fire was caused by negligence or design.
(2)
If it appears that a fire is of suspicious origin or that a crime has been committed in connection therewith, the deputy shall immediately notify the director, who shall promptly initiate an inquiry to ascertain the cause of the fire and the person, if any, responsible therefor.
(b)
On his or her own motion and at any time, the director may investigate the origin and circumstances of any fire in this state without restraint or liability for trespass.
(c)
Any building or premises may be inspected along with the contents and occupancy thereof.
(d)
On request, every fire insurance company licensed in this state shall furnish to the director any information it may have concerning any fire in this state.
Amended by Act 2019, No. 910,§ 5867, eff. 7/1/2019.
Acts 1955, No. 254, § 12; A.S.A. 1947, § 82-817.
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 13 - FIRE PREVENTION (§§ 12-13-101 — 12-13-305) › Subchapter 1 - FIRE PREVENTION ACT (§§ 12-13-101 — 12-13-120) › Section 12-13-112 - Inquiries

(a)
When the Director of the Division of Arkansas State Police or any officer or deputy has reason to believe that a crime or other offense has been committed in connection with any fire, the director or his or her deputy may conduct an inquiry in relation thereto.
(b)
The inquiry shall be held at such time and place as the director or his or her deputy shall determine.
(c)
The director or his or her deputy shall have the power:
(1)
Of subpoena to compel the attendance of witnesses to testify at the inquiry and for the production of books, records, papers, other writings, or things deemed material to the inquiry;
(2)
To administer oaths or affirmations of witnesses; and
(3)
To cause testimony to be taken stenographically, transcribed, and preserved.
(d)
The inquiry or examination may be public or private as the director or his or her deputy may determine, and persons other than those required to be present may be excluded from the place thereof.
(e)
Witnesses may be kept separate and apart from each other and not allowed to communicate with one another until they have been examined.
(f)
Willful false swearing by any witness shall be deemed perjury and be punishable as such.
(g)
(1)
In case of disobedience of a subpoena, the director or his or her deputy may invoke the aid of the proper circuit court of the jurisdiction to compel the attendance and testimony of witnesses and production of books, papers, written material, and things incident to the inquiry.
(2)
The circuit court is empowered to punish as a contempt any disobedience or refusal to obey a subpoena.
(h)
(1)
No person shall be excused from testifying or producing any books, records, papers, or things, or upon any hearing, when ordered to do so, upon the ground that the testimony or evidence may tend to incriminate him or her or subject him or her to a criminal penalty.
(2)
(A)
However, no person shall be prosecuted or subjected to criminal liability for or on account of any transaction made or thing concerning which he or she may testify or produce evidence, documentary or otherwise, before the director or his or her deputy.
(B)
No person so testifying shall be exempt from prosecution and punishment for perjury committed in his or her testimony.
(i)
The prosecuting attorney of any district, upon request of the director or his or her officer or deputy, shall assist in any investigation when called upon to do so.
Amended by Act 2019, No. 910,§ 5868, eff. 7/1/2019.
Acts 1955, No. 254, §§ 13, 14; A.S.A. 1947, §§ 82-818, 82-819.
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 13 - FIRE PREVENTION (§§ 12-13-101 — 12-13-305) › Subchapter 1 - FIRE PREVENTION ACT (§§ 12-13-101 — 12-13-120) › Section 12-13-113 - Service of process, order, or notice

Any officer of the Department of Arkansas State Police may serve any order, notice, or process issued under the authority of this subchapter. The officer may make a return of service in the same manner as required by law for the return of service of process by a county sheriff of a county.
Acts 1955, No. 254, § 15; A.S.A. 1947, § 82-820.