12-8-106. Division of Arkansas State Police — Duties and powers — Restrictions — Municipal police barred from patrolling certain highways.

12-8-106. Division of Arkansas State Police — Duties and powers — Restrictions — Municipal police barred from patrolling certain highways. (a)(1) It shall be the duty of the Division of Arkansas State Police to: (A) Patrol the public highways, make arrests, and enforce the laws of this state relating to motor vehicles and the use of the state highways; (B) Establish, maintain, and enforce a towing rotation list to assist in clearing highways of motor vehicles which have been involved in accidents or abandoned; (C) Assist in the collection of delinquent motor vehicle license taxes and the collection of gasoline and other taxes that are required by law; and (D) Determine when, if possible, a person or persons are the cause of injury to any state highway or other state property and arrest all persons criminally responsible for injury to any state highway or other state property and bring them before the proper officer for trial. (2) The Director of the Division of Arkansas State Police may promulgate necessary rules to carry out the purpose and intent of subdivision (a)(1)(B) of this section. (b) The Division of Arkansas State Police shall be conservators of the peace and as such shall have the powers possessed by police officers in cities and county sheriffs in counties, except that the Division of Arkansas State Police may exercise such powers anywhere in this state. (c) The Division of Arkansas State Police shall have the authority to establish a Crimes Against Children Division, either through transfer or by contract, to conduct child abuse investigations, to administer the Child Abuse Hotline, and, when consistent with rules promulgated by the Division of Arkansas State Police, to provide training and technical assistance to local law enforcement in conducting child abuse investigations. (d) The police officers shall have all the power and authority of the State Fire Marshal and shall assist in making investigations of arson, § 5-38-301, and such other offenses as the director may direct and shall be subject to the call of the circuit courts of the state and the Governor. (e) However, this chapter shall not be construed so as to take away any authority of the regularly constituted peace officers in the state, but the Division of Arkansas State Police shall cooperate with them in the enforcement of the criminal laws of the state and assist such officers either in the enforcement of the law or apprehension of criminals. (f) Nothing in this chapter shall be construed as to authorize any officer of the Division of Arkansas State Police to serve writs unless they are specifically directed to the Division of Arkansas State Police, or an officer thereof, by the issuing authority. (g) No officer or member of the Division of Arkansas State Police shall ever be used in performing police duties on private property in connection with any strike, lockout, or other industrial disturbance. (h)(1)(A) The following law enforcement officers are prohibited from patrolling controlled-access facilities except as may be authorized by the director: (i) A municipal police officer; (ii) An officer established under § 14-42-401 et seq. [repealed]; (iii) A city marshal; and (iv) A constable. (B) The director may withdraw any previously issued authorization to patrol controlled-access facilities. (C)(i) The director shall promulgate rules in accordance with the Arkansas Administrative Procedure Act, § 25-15-201 et seq., to establish criteria for granting or withdrawing authorization to patrol controlled-access facilities. (ii) In adopting the rules described in subdivision (h)(1)(C)(i) of this section, the director at a minimum shall take into consideration the following factors: (a) Public safety; (b) Training of the law enforcement officers; (c) Size of the law enforcement agency; (d) Financial impact; (e) Abuse of police power; and (f) The types of roadways or highways that are controlled-access facilities for purposes of this section. (2) The following law enforcement officers may patrol any service roads that are within their jurisdiction situated adjacent to controlled-access facilities: (A) A municipal police officer; (B) An officer established under § 14-42-401 et seq. [repealed]; (C) A city marshal; and (D) A constable. (3) This subsection shall not prohibit a municipal police officer, an officer established under § 14-42-401 et seq. [repealed], a city marshal, or a constable from responding to an accident or other emergency on a controlled-access facility.