Browse Arkansas Code titles and sections
12-12-326. Autopsies — Line-of-duty death — Definitions.
Arkansas Code — all titles (historical 2020) · legal_authorities
12-12-326. Autopsies — Line-of-duty death — Definitions.
(a) As used in this section:
(1) “Eligible person” means a person with an eligibility similar to a firefighter or police officer under the Public Safety Officers' Benefits Act of 1976 or the Hometown Heroes Survivors Benefits Act of 2003, 42 U.S.C. § 3796 et seq., as appropriate;
(2) “Firefighter” means any member of a fire department or fire fighting unit of the Arkansas Forestry Commission, any city of the first class or city of the second class, any town, or any unincorporated rural area of this state, who actively engages in the fighting of fires on either a regular or voluntary basis; and
(3) “Police officer” means any law enforcement officer engaged in official duty who is:
(A) A member of:
(i) Any regular or auxiliary police force on a full-time or part-time basis; or
(ii) The Division of Arkansas State Police; or
(B) A sheriff or deputy sheriff of any county.
(b) A coroner or a supervisor of a firefighter, police officer, or eligible person shall promptly notify the State Medical Examiner if the firefighter, police officer, or eligible person dies in the line of duty as a result of injuries sustained in the line of duty or within twenty-four (24) hours after participating in an emergency situation.
(c)(1)(A) The examiner may conduct an autopsy on any firefighter, police officer, or eligible person who dies in the line of duty as a result of injuries sustained in the line of duty or within twenty-four (24) hours after participating in an emergency situation.
(B) The autopsy shall be sufficient to determine eligibility for benefits under the Public Safety Officers' Benefits Act of 1976 or the Hometown Heroes Survivors Benefits Act of 2003, 42 U.S.C. § 3796 et seq., as appropriate.
(C)
Source: Arkansas Code — historical release 78 (November 6, 2020) · 12-12-326
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:12-12-326
Source file: gov.ar.code.title.12.odt
Pages: Not recorded – Not recorded
Passage SHA-256: a88fdcc2db06c83418e7ab38e84b630a881b50c7a47c9d53e12acd6b961254e0
Source location: content.xml paragraph 4495
Stored source content
12-12-326. Autopsies — Line-of-duty death — Definitions.
(a) As used in this section:
(1) “Eligible person” means a person with an eligibility similar to a firefighter or police officer under the Public Safety Officers' Benefits Act of 1976 or the Hometown Heroes Survivors Benefits Act of 2003, 42 U.S.C. § 3796 et seq., as appropriate;
(2) “Firefighter” means any member of a fire department or fire fighting unit of the Arkansas Forestry Commission, any city of the first class or city of the second class, any town, or any unincorporated rural area of this state, who actively engages in the fighting of fires on either a regular or voluntary basis; and
(3) “Police officer” means any law enforcement officer engaged in official duty who is:
(A) A member of:
(i) Any regular or auxiliary police force on a full-time or part-time basis; or
(ii) The Division of Arkansas State Police; or
(B) A sheriff or deputy sheriff of any county.
(b) A coroner or a supervisor of a firefighter, police officer, or eligible person shall promptly notify the State Medical Examiner if the firefighter, police officer, or eligible person dies in the line of duty as a result of injuries sustained in the line of duty or within twenty-four (24) hours after participating in an emergency situation.
(c)(1)(A) The examiner may conduct an autopsy on any firefighter, police officer, or eligible person who dies in the line of duty as a result of injuries sustained in the line of duty or within twenty-four (24) hours after participating in an emergency situation.
(B) The autopsy shall be sufficient to determine eligibility for benefits under the Public Safety Officers' Benefits Act of 1976 or the Hometown Heroes Survivors Benefits Act of 2003, 42 U.S.C. § 3796 et seq., as appropriate.
(C) A report of the autopsy shall be provided to the firefighter's or police officer's commanding officer or the supervisor of the eligible person.
(2)(A) If the firefighter, police officer, or eligible person has agreed in writing to allow an autopsy under this section, that directive shall be followed unless the firefighter's, police officer's, or eligible person's spouse dictates otherwise after being notified of the prospective autopsy.
(B) If the firefighter, police officer, or eligible person has not agreed in writing to allow an autopsy under this section, the firefighter's, police officer's, or eligible person's spouse may decide whether or not an autopsy will be performed.
(C) If the firefighter's, police officer's, or eligible person's spouse chooses not to allow the autopsy:
(i) No autopsy may be performed; and
(ii) The body of the firefighter, police officer, or eligible person shall be released to the next of kin.
(3)(A) If the examiner does not perform an autopsy under this section, he or she shall provide to the firefighter's or police officer's commanding officer or the supervisor of the eligible person written notice stating the reason why an autopsy was not performed.
(B) The written notice under subdivision (c)(3)(A) of this section shall include a toxicology report.
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
#### Codification
Section 3795a was editorially reclassified as [section 10272 of Title 34](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title34-section10272&num=0&edition=prelim), Crime Control and Law Enforcement.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 3796
Stored review status: release_metadata_unconfirmed. The source passage cites 42 U.S.C. § 3796. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
Page 5983
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 3796d–3
SUBCHAPTER XII—PUBLIC SAFETY
OFFICERS’ DEATH BENEFITS
PART A—DEATH BENEFITS
§ 3796. Transferred
Editorial Notes
CODIFICATION
Section 3796 was editorially reclassified as section
10281 of Title 34, Crime Control and Law Enforcement.
PRIOR PROVISIONS
A prior section 3796, Pub. L. 90–351, title I, § 701, as
added Pub. L. 94–430, § 2, Sept. 29, 1976, 90 Stat. 1346, con-
tained provisions similar to those in section 10281 of
Title 34, Crime Control and Law Enforcement, prior to
the general amendment of title I of Pub. L. 90–351 by
Pub. L. 96–157.
§ 3796a. Transferred
Editorial Notes
CODIFICATION
Section 3796a was editorially reclassified as section
10282 of Title 34, Crime Control and Law Enforcement.
PRIOR PROVISIONS
A prior section 3796a, Pub. L. 90–351, title I, § 702, as
added Pub. L. 94–430, § 2, Sept. 29, 1976, 90 Stat. 1347, con-
tained provisions similar to those in section 10282 of
Title 34, Crime Control and Law Enforcement, prior to
the general amendment of title I of Pub. L. 90–351 by
Pub. L. 96–157.
§ 3796a–1. Transferred
Editorial Notes
CODIFICATION
Section 3796a–1 was editorially reclassified as section
10283 of Title 34, Crime Control and Law Enforcement.
§ 3796b. Transferred
Editorial Notes
CODIFICATION
Section 3796b was editorially reclassified as section
10284 of Title 34, Crime Control and Law Enforcement.
PRIOR PROVISIONS
A prior section 3796b, Pub. L. 90–351, title I, § 1203, as
added Pub. L. 96–157, § 2, Dec. 27, 1979, 93 Stat. 1220;
amended Pub. L. 98–411, title II, § 204(a)(3), Aug. 30, 1984,
98 Stat. 1561; Pub. L. 98–473, title II, § 609Z, Oct. 12, 1984,
98 Stat. 2107, contained provisions similar to those in
section 10284 of Title 34, Crime Control and La
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 3796
Stored review status: historical_2024_not_currentness_verified. The source passage cites 42 U.S.C. § 3796. This identifies an authority to review, not proof of applicability.