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20-13-1106. Disqualifying offenses — Waiver.
Arkansas Code — all titles (historical 2020) · legal_authorities
20-13-1106. Disqualifying offenses — Waiver.
(a)(1) Except as provided in subdivision (d)(1) of this section, the Division of Emergency Medical Services of the Department of Health shall issue a determination that a person is disqualified from certification or recertification if the person has been found guilty of or has pleaded guilty or nolo contendere to any of the offenses listed in this subdivision (a)(1), including offenses for which the record has been expunged:
(A) Capital murder as prohibited in § 5-10-101;
(B) Murder in the first degree as prohibited in § 5-10-102 and murder in the second degree as prohibited in § 5-10-103;
(C) Manslaughter as prohibited in § 5-10-104;
(D) Negligent homicide as prohibited in § 5-10-105;
(E) Kidnapping as prohibited in § 5-11-102;
(F) False imprisonment in the first degree as prohibited in § 5-11-103;
(G) Permanent detention or restraint as prohibited in § 5-11-106;
(H) Robbery as prohibited in § 5-12-102;
(I) Aggravated robbery as prohibited in § 5-12-103;
(J) Battery in the first degree as prohibited in § 5-13-201;
(K) Aggravated assault as prohibited in § 5-13-204;
(L) Introduction of a controlled substance into the body of another person as prohibited in § 5-13-210;
(M) Terroristic threatening in the first degree as prohibited in § 5-13-301(a);
(N) Rape as prohibited in § 5-14-103;
(O) Sexual indecency with a child as prohibited in § 5-14-110;
(P) Sexual assault in the first degree, second degree, third degree, and fourth degree as prohibited in §§ 5-14-124 — 5-14-127;
(Q) Incest as prohibited in § 5-26-202;
(R) Offenses against the family as prohibited in §§ 5-26-303 — 5-26-306;
(S) Endangering the welfare of an incompetent person in the first degree as prohibited in § 5-27-201;
(T)
Source: Arkansas Code — historical release 78 (November 6, 2020) · 20-13-1106
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:20-13-1106
Source file: gov.ar.code.title.20.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 07b4c3bf2b24915fdc626af0c1c4178c31f45521be9c502d9e841c4e8d6136ea
Source location: content.xml paragraph 9456
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20-13-1106. Disqualifying offenses — Waiver.
(a)(1) Except as provided in subdivision (d)(1) of this section, the Division of Emergency Medical Services of the Department of Health shall issue a determination that a person is disqualified from certification or recertification if the person has been found guilty of or has pleaded guilty or nolo contendere to any of the offenses listed in this subdivision (a)(1), including offenses for which the record has been expunged:
(A) Capital murder as prohibited in § 5-10-101;
(B) Murder in the first degree as prohibited in § 5-10-102 and murder in the second degree as prohibited in § 5-10-103;
(C) Manslaughter as prohibited in § 5-10-104;
(D) Negligent homicide as prohibited in § 5-10-105;
(E) Kidnapping as prohibited in § 5-11-102;
(F) False imprisonment in the first degree as prohibited in § 5-11-103;
(G) Permanent detention or restraint as prohibited in § 5-11-106;
(H) Robbery as prohibited in § 5-12-102;
(I) Aggravated robbery as prohibited in § 5-12-103;
(J) Battery in the first degree as prohibited in § 5-13-201;
(K) Aggravated assault as prohibited in § 5-13-204;
(L) Introduction of a controlled substance into the body of another person as prohibited in § 5-13-210;
(M) Terroristic threatening in the first degree as prohibited in § 5-13-301(a);
(N) Rape as prohibited in § 5-14-103;
(O) Sexual indecency with a child as prohibited in § 5-14-110;
(P) Sexual assault in the first degree, second degree, third degree, and fourth degree as prohibited in §§ 5-14-124 — 5-14-127;
(Q) Incest as prohibited in § 5-26-202;
(R) Offenses against the family as prohibited in §§ 5-26-303 — 5-26-306;
(S) Endangering the welfare of an incompetent person in the first degree as prohibited in § 5-27-201;
(T) Endangering the welfare of a minor in the first degree as prohibited in § 5-27-205;
(U) Permitting child abuse as prohibited in § 5-27-221(a);
(V) Engaging children in sexually explicit conduct for use in a visual or print medium, transportation of minors for prohibited sexual conduct, pandering or possessing a visual or print medium depicting sexually explicit conduct involving a child, or use of a child or consent to use of a child in a sexual performance by producing, directing, or promoting a sexual performance by a child as prohibited in §§ 5-27-303 — 5-27-305, 5-27-402, and 5-27-403;
(W) Felony adult abuse as prohibited in § 5-28-103;
(X) Theft of property as prohibited in § 5-36-103;
(Y) Theft by receiving as prohibited in § 5-36-106;
(Z) Arson as prohibited in § 5-38-301;
(AA) Burglary as prohibited in § 5-39-201;
(BB) Felony violation of the Uniform Controlled Substances Act, § 5-64-101 et seq., as prohibited in:
(i) The former § 5-64-401; and
(ii) Sections 5-64-419 — 5-64-442;
(CC) Promotion of prostitution in the first degree as prohibited in § 5-70-104;
(DD) Stalking as prohibited in § 5-71-229;
(EE) Criminal attempt, criminal complicity, criminal solicitation, or criminal conspiracy as prohibited in §§ 5-3-201, 5-3-202, 5-3-301, and 5-3-401 to commit any of the offenses listed in this subsection;
(FF) Driving or boating while intoxicated, as prohibited in § 5-65-103, that is a:
(i) Felony; and
(ii) Fourth or subsequent offense;
(GG) Computer child pornography as prohibited in § 5-27-603;
(HH) Computer exploitation of a child in the first degree as prohibited in § 5-27-605;
(II) Aggravated assault upon a law enforcement officer or an employee of a correctional facility, as prohibited in § 5-13-211, if a Class Y felony; and
(JJ) Sexual extortion as prohibited in § 5-14-113.
(2)(A) However, the division shall forward a request for a waiver to the Secretary of the Department of Health on all applicants who have been convicted of the crimes in subdivision (a)(1) of this section if five (5) years have passed since the conviction, if five (5) years have passed since release from custodial confinement, or if the applicants are currently certified emergency medical technicians, prior to making the final determination on certification or recertification.
(B) These individuals will not be suspended prior to the secretary's making the final determination.
(b) An applicant shall not be disqualified from certification or recertification when the applicant has been found guilty of or has pleaded guilty or nolo contendere to a misdemeanor if the offense:
(1) Did not involve exploitation of an adult, abuse of a person, neglect of a person, or sexual contact; or
(2) Was not committed while performing the duties of an emergency medical technician.
(c)(1) The provisions of this section may be waived by the Department of Health upon written request by the person who is the subject of the criminal history check.
(2) The written request for waiver shall be mailed to the secretary within fifteen (15) calendar days after receipt of the determination by the department.
(3) Factors to be considered before granting a waiver shall include, but not be limited to:
(A) The age at which the crime was committed;
(B) The circumstances surrounding the crime;
(C) The length of time since the adjudication of guilt;
(D) The person's subsequent work history;
(E) The person's employment references;
(F) The person's character references; and
(G) Any other evidence demonstrating that the person does not pose a threat to the health or safety of persons to be cared for.
(d)(1) For purposes of this section, an expunged record of a conviction or plea of guilty or nolo contendere to an offense listed in subsection (a) of this section shall not be considered a conviction, guilty plea, or nolo contendere plea to the offense unless the offense is also listed in subdivision (d)(2) of this section.
(2) Because of the serious nature of the offenses and the close relationship to the type of work that is to be performed, the following shall result in permanent disqualification:
(A) Capital murder as prohibited in § 5-10-101;
(B) Murder in the first degree as prohibited in § 5-10-102 and murder in the second degree as prohibited in § 5-10-103;
(C) Kidnapping as prohibited in § 5-11-102;
(D) Rape as prohibited in § 5-14-103;
(E) Sexual assault in the first degree as prohibited in § 5-14-124 and sexual assault in the second degree as prohibited in § 5-14-125;
(F) Endangering the welfare of a minor in the first degree as prohibited in § 5-27-205 and endangering the welfare of a minor in the second degree as prohibited in § 5-27-206;
(G) Incest as prohibited in § 5-26-202;
(H) Arson as prohibited in § 5-38-301;
(I) Endangering the welfare of an incompetent person in the first degree as prohibited in § 5-27-201;
(J) Adult abuse that constitutes a felony as prohibited in § 5-28-103;
(K) Aggravated assault upon a law enforcement officer or an employee of a correctional facility, as prohibited in § 5-13-211, if a Class Y felony; and
(L) Sexual extortion as prohibited in § 5-14-113.
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Arkansas Code — all titles (historical 2020) · legal_authorities
5-10-101. Capital murder.
(a) A person commits capital murder if:
(1) Acting alone or with one (1) or more other persons:
(A) The person commits or attempts to commit:
(i) Terrorism, as defined in § 5-54-205;
(ii) Rape, § 5-14-103;
(iii) Kidnapping, § 5-11-102;
(iv) Vehicular piracy, § 5-11-105;
(v) Robbery, § 5-12-102;
(vi) Aggravated robbery, § 5-12-103;
(vii) Residential burglary, § 5-39-201(a);
(viii) Commercial burglary, § 5-39-201(b);
(ix) Aggravated residential burglary, § 5-39-204;
(x) A felony violation of the Uniform Controlled Substances Act, §§ 5-64-101 — 5-64-508, involving an actual delivery of a controlled substance; or
(xi) First degree escape, § 5-54-110; and
(B) In the course of and in furtherance of the felony or in immediate flight from the felony, the person or an accomplice causes the death of a person under circumstances manifesting extreme indifference to the value of human life;
(2) Acting alone or with one (1) or more other persons:
(A) The person commits or attempts to commit arson, § 5-38-301; and
(B) In the course of and in furtherance of the felony or in immediate flight from the felony, the person or an accomplice causes the death of any person;
(3) With the premeditated and deliberated purpose of causing the death of any law enforcement officer, jailer, prison official, firefighter, judge or other court official, probation officer, parole officer, any military personnel, or teacher or school employee, when such person is acting in the line of duty, the person causes the death of any person;
(4) With the premeditated and deliberated purpose of causing the death of another person, the person causes the death of any person;
(5) With the premeditated and deliberated purpose of causing the death of the
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-10-101
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 5-10-101. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
5-10-102. Murder in the first degree.
(a) A person commits murder in the first degree if:
(1) Acting alone or with one (1) or more other persons:
(A) The person commits or attempts to commit a felony; and
(B) In the course of and in the furtherance of the felony or in immediate flight from the felony, the person or an accomplice causes the death of any person under circumstances manifesting extreme indifference to the value of human life;
(2) With a purpose of causing the death of another person, the person causes the death of another person; or
(3) The person knowingly causes the death of a person fourteen (14) years of age or younger at the time the murder was committed.
(b) It is an affirmative defense to any prosecution under subdivision (a)(1) of this section for an offense in which the defendant was not the only participant that the defendant:
(1) Did not commit the homicidal act or in any way solicit, command, induce, procure, counsel, or aid the homicidal act's commission;
(2) Was not armed with a deadly weapon;
(3) Reasonably believed that no other participant was armed with a deadly weapon; and
(4) Reasonably believed that no other participant intended to engage in conduct that could result in death or serious physical injury.
(c)(1) Murder in the first degree is a Class Y felony.
(2) Unless the application of § 16-93-621 results in a person's being eligible for parole at an earlier date, if a person was younger than eighteen (18) years of age at the time he or she committed murder in the first degree and is sentenced to life imprisonment, the person is eligible for parole after serving a minimum of twenty-five (25) years' imprisonment.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-10-102
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 5-10-102. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
5-10-103. Murder in the second degree.
(a) A person commits murder in the second degree if:
(1) The person knowingly causes the death of another person under circumstances manifesting extreme indifference to the value of human life; or
(2) With the purpose of causing serious physical injury to another person, the person causes the death of any person.
(b) Murder in the second degree is a Class A felony.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-10-103
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 5-10-103. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
5-10-104. Manslaughter.
(a) A person commits manslaughter if:
(1)(A) The person causes the death of another person under circumstances that would be murder, except that he or she causes the death under the influence of extreme emotional disturbance for which there is reasonable excuse.
(B) The reasonableness of the excuse is determined from the viewpoint of a person in the actor's situation under the circumstances as the actor believed them to be;
(2) The person purposely causes or aids another person to commit suicide;
(3) The person recklessly causes the death of another person; or
(4) Acting alone or with one (1) or more persons:
(A) The person commits or attempts to commit a felony; and
(B) In the course of and in furtherance of the felony or in immediate flight from the felony:
(i) The person or an accomplice negligently causes the death of any person; or
(ii) Another person who is resisting the felony or flight causes the death of any person.
(b) It is an affirmative defense to any prosecution under subdivision (a)(4) of this section for an offense in which the defendant was not the only participant that the defendant:
(1) Did not commit the homicidal act or in any way solicit, command, induce, procure, counsel, or aid the homicidal act's commission;
(2) Was not armed with a deadly weapon;
(3) Reasonably believed that no other participant was armed with a deadly weapon; and
(4) Reasonably believed that no other participant intended to engage in conduct which could result in death or serious physical injury.
(c) Manslaughter is a Class C felony.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-10-104
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 5-10-104. This identifies an authority to review, not proof of applicability.