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12-12-1003. Scope.
Arkansas Code — all titles (historical 2020) · legal_authorities
12-12-1003. Scope.
(a) This subchapter governs the:
(1) Collection, maintenance, and dissemination of criminal history information on identifiable individuals charged with or pleading guilty or nolo contendere to, or being found guilty of, criminal offenses under the laws of the State of Arkansas; and
(2) Dissemination of juvenile aftercare and custody information.
(b)(1) Except as provided in subdivision (b)(2) of this section, the Arkansas Crime Information Center may issue rules and implement this subchapter.
(2) The State Crime Laboratory may promulgate rules to implement the provisions of this subchapter relating to the collection, maintenance, dissemination, removal, or destruction of DNA samples or DNA records.
(c) The reporting requirements of this subchapter apply to prosecuting attorneys, judges, and law enforcement, court, probation, correction, and parole officials within the limits defined in §§ 12-12-1006 and 12-12-1007.
(d) This subchapter does not apply to records of traffic offenses, including misdemeanor offenses of driving while intoxicated, maintained by the Department of Finance and Administration.
(e) Criminal history information collected and maintained by the center is not considered public record information within the intent and meaning of the Freedom of Information Act of 1967, § 25-19-101 et seq.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 12-12-1003
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Record provenance
Stable record: arkansas_code:legal_authorities:12-12-1003
Source file: gov.ar.code.title.12.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 7df8cd884d2eff6452b5da5ab140eca26f0d667e0c15e0a33eb628545a2b9811
Source location: content.xml paragraph 6131
Stored source content
12-12-1003. Scope.
(a) This subchapter governs the:
(1) Collection, maintenance, and dissemination of criminal history information on identifiable individuals charged with or pleading guilty or nolo contendere to, or being found guilty of, criminal offenses under the laws of the State of Arkansas; and
(2) Dissemination of juvenile aftercare and custody information.
(b)(1) Except as provided in subdivision (b)(2) of this section, the Arkansas Crime Information Center may issue rules and implement this subchapter.
(2) The State Crime Laboratory may promulgate rules to implement the provisions of this subchapter relating to the collection, maintenance, dissemination, removal, or destruction of DNA samples or DNA records.
(c) The reporting requirements of this subchapter apply to prosecuting attorneys, judges, and law enforcement, court, probation, correction, and parole officials within the limits defined in §§ 12-12-1006 and 12-12-1007.
(d) This subchapter does not apply to records of traffic offenses, including misdemeanor offenses of driving while intoxicated, maintained by the Department of Finance and Administration.
(e) Criminal history information collected and maintained by the center is not considered public record information within the intent and meaning of the Freedom of Information Act of 1967, § 25-19-101 et seq.
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Arkansas Code — all titles (historical 2020) · legal_authorities
12-12-1006. Fingerprinting, DNA sample collection, and photographing.
(a)(1)(A) Immediately following an arrest for an offense, a law enforcement official at the receiving criminal detention facility shall take, or cause to be taken, the fingerprints and a photograph of the arrested person if the offense is a felony or a Class A misdemeanor.
(B) A law enforcement official at the receiving criminal detention facility shall not take fingerprints of the arrested person if:
(i) The arrest was for a probation violation; and
(ii) The arrested person's fingerprints are already possessed by the Identification Bureau of the Department of Arkansas State Police.
(2) In addition to the requirements of subdivision (a)(1) of this section, a law enforcement official at the receiving criminal detention facility shall take, or cause to be taken, a DNA sample of a person arrested for any felony offense.
(b)(1) When the first appearance of a defendant in court is caused by a citation or summons for an offense, a law enforcement official at the receiving criminal detention facility shall take, or cause to be taken, the fingerprints and a photograph of the arrested person when the offense is a felony or a Class A misdemeanor.
(2) In addition to the requirements of subdivision (b)(1) of this section, if the first appearance of a defendant in court is caused by a citation or summons for a felony offense enumerated in subdivision (a)(2) of this section, the court immediately shall order and a law enforcement officer shall take or cause to be taken a DNA sample of the arrested person.
(c)(1) When felony or Class A misdemeanor charges are brought against a person already in the custody of a law enforcement agency or correctional agency and the charges are separate from the ch
Source: Arkansas Code — historical release 78 (November 6, 2020) · 12-12-1006
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 12-12-1006. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
12-12-1007. Reporting requirements.
(a) Certain events occurring during the course of a criminal prosecution must be reported for inclusion in a criminal history record. The following events shall be reportable events:
(1) An arrest;
(2) The release of a person after arrest without the filing of a charge;
(3) A decision by a prosecutor not to commence criminal proceedings or to defer or indefinitely postpone prosecution;
(4) An indictment or criminal information or other statement of charges;
(5) The dismissal of an indictment or criminal information, or of any of the charges set out in such indictment or criminal information;
(6) An acquittal, finding of guilt, or other court disposition at or following trial, including dispositions of probationary status;
(7) The terms and conditions of a sentence;
(8) A commitment to a state or local correctional facility;
(9) A commitment to a hospital or other facility as not being criminally responsible or as incompetent to stand trial;
(10) The entry of an appeal to an appellate court;
(11) The judgment of an appellate court;
(12) A pardon, reprieve, commutation, or other change in sentence; and
(13) Other events occurring during the course of the criminal proceedings determined to be reportable.
(b) A reportable event specified in subsection (a) of this section shall be reported by those criminal justice officials or agencies directly responsible for the reportable action, event, or decision.
(c) The form and content of reported information and the method of reporting shall be specified by the Arkansas Crime Information Center and the Administrative Office of the Courts.
(d) Criminal justice agencies shall report criminal history information, whether directly or indirectly, manually or by means
Source: Arkansas Code — historical release 78 (November 6, 2020) · 12-12-1007
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 12-12-1007. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
25-19-101. Title.
This chapter shall be known and cited as the “Freedom of Information Act of 1967”.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 25-19-101
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 25-19-101. This identifies an authority to review, not proof of applicability.