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27-16-811. Exception to disclosing residence address — Address confidentiality program — Definition.

Arkansas Code — all titles (historical 2020) · legal_authorities

27-16-811. Exception to disclosing residence address — Address confidentiality program — Definition.

Source: Arkansas Code — historical release 78 (November 6, 2020) · 27-16-811

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:27-16-811
Source file: gov.ar.code.title.27.odt
Pages: Not recorded – Not recorded
Passage SHA-256: cc64b88919b7814c4595624fc65a381d8b8d5316a13d5e655558965c54161a65

Source location: content.xml paragraph 6662

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27-16-811. Exception to disclosing residence address — Address confidentiality program — Definition. (a) As used in this section, “licensee” means a person who is applying for, renewing, or requesting a change to his or her driver's license issued or to be issued under this chapter and who is: (1) The victim of domestic violence; or (2) The dependent of a victim of domestic violence. (b) A licensee shall qualify for the exception for disclosing a residence address under this section if he or she: (1) Presents a valid order of protection issued under the Domestic Abuse Act of 1991, § 9-15-101 et seq.; (2) Presents an affidavit in which the licensee states that he or she: (A) Is a victim of domestic violence, or is the dependent of a victim of domestic violence; or (B) Fears further acts of domestic violence, or resides with the victim of domestic violence and fears further acts of domestic violence against his or her parent, custodian, or guardian; and (3) Agrees to the terms of participation in the address confidentiality program. (c)(1) A licensee who participates in the address confidentiality program under this section shall be issued a driver's license that discloses a post office box address in lieu of his or her residence address. (2)(A) The licensee shall provide to the Department of Finance and Administration his or her residence address, which shall be kept on file with the department for as long as the licensee holds a license that displays a post office box in lieu of a residence address. (B) The licensee shall update his or her residence address and post office box address with the department if a change occurs. (3)(A) The department shall only disclose the residence address to a person who: (i) Presents a compelling reason for access to the residence address in an affidavit; (ii) Presents valid identification to the department; and (iii) Is not a person against whom the order of protection has been entered or who is related by blood or marriage to the person against whom the order of protection has been entered. (B) The department shall maintain a record of each and every person to whom the department discloses the residence address. (C) The department shall provide written notice to the licensee that advises him or her of a disclosure to a third party. (D)(i) The department shall accept complaints from the licensee if the licensee objects to the disclosure to a third party. (ii) The department shall refer a complaint to the prosecuting attorney for prosecution for perjury or another offense relating to judicial or other official proceedings under § 5-53-101 et seq. related to a false compelling reason stated in an affidavit under subdivision (c)(3)(A)(i) of this section. (d) The Secretary of the Department of Finance and Administration shall promulgate rules and forms to administer the address confidentiality program under this section.

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Arkansas Code — all titles (historical 2020) · legal_authorities

5-53-101. Definitions.

5-53-101. Definitions. As used in this subchapter: (1)(A) “False material statement” means any false statement, regardless of its admissibility under the rules of evidence, which affects or could affect the course or outcome of an official proceeding or the action or decision of a public servant in the performance of any governmental function. (B) Whether a false statement is material in a given factual situation is a question of law; (2)(A) “Juror” means a member of any jury, including a grand jury and a petit jury. (B) “Juror” also includes any person who has been drawn or summoned as a prospective juror; (3)(A) “Oath” means swearing, affirming, and any other mode authorized by law of attesting to the truth of that which is stated. (B) A written statement is treated as if made under oath if the written statement: (i) Was made on or pursuant to a form bearing notice, authorized by law, to the effect that a false statement made pursuant to the form is punishable; (ii) Recites that it was made under oath, and the declarant was aware of the recitation at the time he or she signed the written statement and intended that the written statement should be considered a sworn statement; or (iii) Is made, used, or offered with the purpose that it be accepted as compliance with a statute, rule, or regulation which requires a statement under oath or other like form of attestation to the truth of the matter contained in the statement; (4)(A) “Official proceeding” means a proceeding heard before any legislative, judicial, administrative, or other government agency or official authorized to hear evidence under oath, including any referee, hearing examiner, parole revocation judge, commissioner, notary, or other person taking testimony or depositions in any such pr

Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-53-101

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 5-53-101. This identifies an authority to review, not proof of applicability.

Arkansas Code — all titles (historical 2020) · legal_authorities

9-15-101. Purpose.

9-15-101. Purpose. The purpose of this chapter is to provide an adequate mechanism whereby the State of Arkansas can protect the general health, welfare, and safety of its citizens by intervening when abuse of a member of a household by another member of a household occurs or is threatened to occur, thus preventing further violence. The General Assembly has assessed domestic abuse in Arkansas and believes that the relief contemplated under this chapter is injunctive and therefore equitable in nature. The General Assembly hereby finds that this chapter is necessary to secure important governmental interests in the protection of victims of abuse and the prevention of further abuse through the removal of offenders from the household and other injunctive relief for which there is no adequate remedy in current law. The General Assembly hereby finds that this chapter shall meet a compelling societal need and is necessary to correct the acute and pervasive problem of violence and abuse within households in this state. The equitable nature of this remedy requires the legislature to place proceedings contemplated by this chapter under the jurisdiction of the circuit courts.

Source: Arkansas Code — historical release 78 (November 6, 2020) · 9-15-101

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 9-15-101. This identifies an authority to review, not proof of applicability.