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13-4-402. Retention of records otherwise provided.

Arkansas Code — all titles (historical 2020) · legal_authorities

13-4-402. Retention of records otherwise provided.

13-4-402. Retention of records otherwise provided. A record retained by a county sheriff's office for which a retention period is otherwise provided in the Arkansas Code of 1987 Annotated is not subject to this subchapter, including without limitation records described in: (1) Section 12-12-104; and (2) Section 16-10-211.

Source: Arkansas Code — historical release 78 (November 6, 2020) · 13-4-402

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:13-4-402
Source file: gov.ar.code.title.13.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 48847134d3d2ede2fa56b937c180ca91598623485ab7aa4c07761496dea24794

Source location: content.xml paragraph 1747

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Arkansas Code — all titles (historical 2020) · legal_authorities

12-12-104. Physical evidence in sex offense or violent offense prosecutions — Retention and disposition — Definitions.

12-12-104. Physical evidence in sex offense or violent offense prosecutions — Retention and disposition — Definitions. (a) In a prosecution for a sex offense or a violent offense, the law enforcement agency shall preserve, subject to a continuous chain of custody, any physical evidence secured in relation to a trial and sufficient official documentation to locate that evidence. (b)(1) After a trial resulting in conviction, the evidence shall be impounded and securely retained by a law enforcement agency. (2) Retention shall be the greater of: (A) Permanent following any conviction for a violent offense; (B) For twenty-five (25) years following any conviction for a sex offense; and (C) For seven (7) years following any conviction for any other felony for which the defendant's genetic profile may be taken by a law enforcement agency and submitted for comparison to the State DNA Data Base for unsolved offenses. (c) After a conviction is entered, the prosecuting attorney or law enforcement agency having custody of the evidence may petition the court with notice to the defendant for entry of an order allowing disposition of the evidence if, after a hearing and a reasonable period of time in which to respond, the court determines by a preponderance of the evidence that: (1) The evidence has no significant value for forensic analysis and must be returned to its rightful owner; or (2) The evidence has no significant value for forensic analysis and is of a size, bulk, or physical character not usually retained by the law enforcement agency and cannot practicably be retained by the agency. (d) The court may order the disposition of the evidence if the defendant is allowed the opportunity to take reasonable measures to remove or preserve portions of the evidenc

Source: Arkansas Code — historical release 78 (November 6, 2020) · 12-12-104

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 12-12-104. This identifies an authority to review, not proof of applicability.

Arkansas Code — all titles (historical 2020) · legal_authorities

16-10-211. Record retention schedule.

16-10-211. Record retention schedule. (a) All towns, cities, and counties of the State of Arkansas shall maintain records for the district courts and are to: (1) Permanently maintain: (A) Case indices for all district courts; (B) Case dockets for all district courts; (C) Active warrants; (D) Waivers; (E) Expungement and sealed records; (F) Files concerning convictions under the Omnibus DWI or BWI Act, § 5-65-101 et seq.; and (G) Domestic battering files; (2) Maintain for a period of at least seven (7) years and in no event dispose of before being audited: (A) Complete case files and written exhibits for all district courts, not including civil or small claims division cases in which the judgment is not satisfied; (B) Show cause orders; (C) Case information, including arrest reports and affidavits; and (D) Files concerning cases resulting in a suspended imposition of sentence; and (3) Maintain for a period of at least three (3) years and in no event dispose of before being audited: (A) Bank reconciliations; (B) Check book registers and check listings; (C) Cancelled checks; (D) Bank statements; (E) Receipts; (F) Deposit collection records; (G) Receipts listings; (H) Distribution reports; (I) Receipt and disbursement journals; (J) Time payment records; (K) Citation book logs; (L) Citation books from each police department and sheriff's office; (M) Served, recalled, or quashed arrest warrants; (N) Copies of citations; (O) Alternative service or community service time sheets; (P) Uniform filing fees collection remittance forms and fine reports; (Q) Miscellaneous fee and fine collection reports; and (R) Served or unexecuted search warrants. (b) After a town, city, or county has maintained records for the time

Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-10-211

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 16-10-211. This identifies an authority to review, not proof of applicability.