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12-12-1109. DNA sample required upon adjudication of guilt.
Arkansas Code — all titles (historical 2020) · legal_authorities
12-12-1109. DNA sample required upon adjudication of guilt.
(a) A person who is adjudicated guilty for a qualifying offense on or after August 1, 1997, shall have a DNA sample drawn as follows:
(1)(A) A person who is adjudicated guilty for a qualifying offense and sentenced to a term of confinement for that qualifying offense shall have a DNA sample drawn upon intake to a prison, jail, or any other detention facility or institution.
(B) If the person is already confined at the time of sentencing, the person shall have a DNA sample drawn immediately after the sentencing;
(2)(A) A person who is adjudicated guilty for a qualifying offense shall have a DNA sample drawn as a condition of any sentence in which disposition will not involve an intake into a prison, jail, or any other detention facility or institution.
(B) Unless otherwise ordered by the court, the agency supervising the convicted offender shall determine the time and collection of the DNA sample;
(3) A person who is acquitted on the grounds of mental disease or defect of the commission of a qualifying offense and committed to an institution or other facility shall have a DNA sample drawn upon intake to that institution or other facility; and
(4) Under no circumstance shall a person who is adjudicated guilty for a qualifying offense be released in any manner after this disposition unless a DNA sample has been drawn.
(b) A person who has been adjudicated guilty for a qualifying offense before August 1, 1997, and who is still serving a term of confinement in connection therewith on August 1, 1997, shall not be released in any manner prior to the expiration of his or her maximum term of confinement unless and until a DNA sample has been drawn.
(c) All DNA samples taken pursuant to this section sha
Source: Arkansas Code — historical release 78 (November 6, 2020) · 12-12-1109
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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Stable record: arkansas_code:legal_authorities:12-12-1109
Source file: gov.ar.code.title.12.odt
Pages: Not recorded – Not recorded
Passage SHA-256: a390c32116e08ff1460d973a1ad6751ac799a1b056a0099d1645bbbc545c8245
Source location: content.xml paragraph 6604
Stored source content
12-12-1109. DNA sample required upon adjudication of guilt.
(a) A person who is adjudicated guilty for a qualifying offense on or after August 1, 1997, shall have a DNA sample drawn as follows:
(1)(A) A person who is adjudicated guilty for a qualifying offense and sentenced to a term of confinement for that qualifying offense shall have a DNA sample drawn upon intake to a prison, jail, or any other detention facility or institution.
(B) If the person is already confined at the time of sentencing, the person shall have a DNA sample drawn immediately after the sentencing;
(2)(A) A person who is adjudicated guilty for a qualifying offense shall have a DNA sample drawn as a condition of any sentence in which disposition will not involve an intake into a prison, jail, or any other detention facility or institution.
(B) Unless otherwise ordered by the court, the agency supervising the convicted offender shall determine the time and collection of the DNA sample;
(3) A person who is acquitted on the grounds of mental disease or defect of the commission of a qualifying offense and committed to an institution or other facility shall have a DNA sample drawn upon intake to that institution or other facility; and
(4) Under no circumstance shall a person who is adjudicated guilty for a qualifying offense be released in any manner after this disposition unless a DNA sample has been drawn.
(b) A person who has been adjudicated guilty for a qualifying offense before August 1, 1997, and who is still serving a term of confinement in connection therewith on August 1, 1997, shall not be released in any manner prior to the expiration of his or her maximum term of confinement unless and until a DNA sample has been drawn.
(c) All DNA samples taken pursuant to this section shall be taken in accordance with rules promulgated by the State Crime Laboratory in consultation with the Division of Correction, the Division of Community Correction, the Department of Human Services, and the Administrative Office of the Courts.
(d)(1) When the state accepts a person from another state under any interstate compact or under any other reciprocal agreement with any county, state, or federal agency or any other provision of law, whether or not the person is confined or released, the acceptance is conditional on the person's providing a DNA sample if the person was convicted of an offense in any other jurisdiction which would be considered a qualifying offense as defined in § 12-12-1103(9) if committed in this state or if the person was convicted of an equivalent offense in any other jurisdiction.
(2) The person shall provide the DNA sample in accordance with the rules of the custodial institution or supervising agency.
(e)(1) The requirements of this subchapter are mandatory and apply regardless of whether or not a court advises a person that a DNA sample must be provided to the State DNA Data Base and State DNA Data Bank as a condition of probation or parole.
(2) A person who has been sentenced to death or life without the possibility of parole or to any life or indeterminate term of incarceration is not exempt from the requirements of this subchapter.
(3) Any person subject to this subchapter who has not provided a DNA sample for any reason, including the person's release prior to July 16, 2003, an oversight, or because of the person's transfer from another jurisdiction, shall give a DNA sample for inclusion in the data base after being notified by the supervising agency.
(4) In the event that a person's DNA sample is not adequate for any reason, the person shall provide another DNA sample for analysis.
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Arkansas Code — all titles (historical 2020) · legal_authorities
12-12-1103. Definitions.
As used in this subchapter:
(1) “Adjudication of guilt” and words of similar import mean a plea of guilty, a plea of nolo contendere, a negotiated plea, a finding of guilt by a judge, or a finding of guilt by a jury;
(2) “Administration of criminal justice” means:
(A) Performing functions of investigation, apprehension, detention, prosecution, adjudication, correctional supervision, or rehabilitation of accused persons or criminal offenders;
(B) Performing criminal identification activities; and
(C) Collecting, maintaining, and disseminating justice information;
(3)(A) “CODIS” means the Federal Bureau of Investigation's national DNA identification index system that allows the storage and exchange of DNA records submitted by state and local forensic laboratories.
(B) CODIS is derived from Combined DNA Index System;
(4) “Criminal justice agency” means a government agency, or any subunit thereof, which is authorized by law to perform the administration of criminal justice and which allocates more than one-half (½) its annual budget to the administration of criminal justice;
(5)(A) “DNA” means deoxyribonucleic acid.
(B)(i) DNA is located in the cells and provides an individual's personal genetic blueprint.
(ii) DNA encodes genetic information that is the basis of human heredity and forensic identification;
(6)(A) “DNA record” means deoxyribonucleic acid (DNA) identification information stored in the State DNA Data Base or CODIS for the purpose of generating investigative leads or supporting statistical interpretation of deoxyribonucleic acid (DNA) test results.
(B) The DNA record is the result obtained from the DNA typing tests.
(C) The DNA record is composed of the characteristics of a DNA sample which are of value in e
Source: Arkansas Code — historical release 78 (November 6, 2020) · 12-12-1103
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 12-12-1103. This identifies an authority to review, not proof of applicability.