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12-12-1105. State DNA Data Base.
Arkansas Code — all titles (historical 2020) · legal_authorities
12-12-1105. State DNA Data Base.
(a)(1) There is established the State DNA Data Base.
(2) The State Crime Laboratory shall administer the data base and provide DNA records to the Federal Bureau of Investigation for storage and maintenance in CODIS.
(b) The data base shall have the capability provided by computer software and procedures administered by the laboratory to store and maintain DNA records related to:
(1) Crime scene evidence and forensic casework;
(2) Convicted offenders and juveniles adjudicated delinquent who are required to provide a DNA sample under this subchapter;
(3) Offenders who were required to provide a DNA sample under former § 12-12-1101 et seq.;
(4) Anonymous DNA records used for forensic validation, quality control, or establishment of a population statistics database;
(5) Unidentified persons or body parts;
(6) Missing persons and biological relatives of missing persons;
(7) Persons arrested for a felony offense who are required to provide a DNA sample under § 12-12-1006; and
(8) Juveniles adjudicated delinquent who are required to provide a DNA sample under § 9-27-357.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 12-12-1105
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:12-12-1105
Source file: gov.ar.code.title.12.odt
Pages: Not recorded – Not recorded
Passage SHA-256: a0e4fc55107af43f71e80100ee42a42b5b4ef39b352ebed1226b391ace9ddaac
Source location: content.xml paragraph 6562
Stored source content
12-12-1105. State DNA Data Base.
(a)(1) There is established the State DNA Data Base.
(2) The State Crime Laboratory shall administer the data base and provide DNA records to the Federal Bureau of Investigation for storage and maintenance in CODIS.
(b) The data base shall have the capability provided by computer software and procedures administered by the laboratory to store and maintain DNA records related to:
(1) Crime scene evidence and forensic casework;
(2) Convicted offenders and juveniles adjudicated delinquent who are required to provide a DNA sample under this subchapter;
(3) Offenders who were required to provide a DNA sample under former § 12-12-1101 et seq.;
(4) Anonymous DNA records used for forensic validation, quality control, or establishment of a population statistics database;
(5) Unidentified persons or body parts;
(6) Missing persons and biological relatives of missing persons;
(7) Persons arrested for a felony offense who are required to provide a DNA sample under § 12-12-1006; and
(8) Juveniles adjudicated delinquent who are required to provide a DNA sample under § 9-27-357.
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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
12-12-1101. Title.
This subchapter shall be known and may be cited as the “State Convicted Offender DNA Data Base Act”.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 12-12-1101
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 12-12-1101. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
9-27-357. Deoxyribonucleic acid samples.
(a) A person who is adjudicated delinquent for the following offenses shall have a deoxyribonucleic acid sample drawn:
(1) Rape, § 5-14-103;
(2) Sexual assault in the first degree, § 5-14-124;
(3) Sexual assault in the second degree, § 5-14-125;
(4) Incest, § 5-26-202;
(5) Capital murder, § 5-10-101;
(6) Murder in the first degree, § 5-10-102;
(7) Murder in the second degree, § 5-10-103;
(8) Kidnapping, § 5-11-102;
(9) Aggravated robbery, § 5-12-103;
(10) Terroristic act, § 5-13-310; and
(11) Aggravated assault upon a law enforcement officer or an employee of a correctional facility, § 5-13-211, if a Class Y felony.
(b) The court shall order a fine of two hundred fifty dollars ($250) unless the court finds that the fine would cause an undue hardship.
(c)(1) Only a juvenile adjudicated delinquent for one (1) of the offenses listed in subsection (a) of this section shall have a deoxyribonucleic acid sample drawn upon intake at a juvenile detention facility or intake at a Division of Youth Services of the Department of Human Services facility.
(2) If the juvenile is not placed in a facility, the juvenile probation officer to whom the juvenile is assigned shall ensure that the deoxyribonucleic acid sample is drawn.
(d) All deoxyribonucleic acid samples taken under this section shall be taken in accordance with rules promulgated by the State Crime Laboratory.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 9-27-357
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 9-27-357. This identifies an authority to review, not proof of applicability.