§ 12-12-1001 — Definitions

As used in this subchapter: (1) (A) "Administration of criminal justice" means performing functions of investigation, apprehension, detention, prosecution, adjudication, correctional supervision, or rehabilitation of accused persons or criminal offenders. (B) "Administration of criminal justice" also includes criminal identification activities and the collection, maintenance, and dissemination of criminal justice information; (2) "Arrest tracking number" means a unique number assigned to an arrestee at the time of each arrest that is used to link that arrest to the final disposition of that charge; (3) "Central repository" means the Arkansas Crime Information Center, which is authorized to collect, maintain, and disseminate criminal history information; (4) "CODIS" means the Federal Bureau of Investigation Laboratory's Combined DNA Index System that allows the storage and exchange of DNA records submitted by federal forensic laboratories, state forensic laboratories, and local forensic laboratories; (5) "Conviction information" means criminal history information disclosing that a person has pleaded guilty or nolo contendere to, or was found guilty of, a criminal offense in a court of law, together with sentencing information; (6) (A) "Criminal history information" means a record compiled by a central repository or the Identification Bureau of the Division of Arkansas State Police on an individual consisting of names and identification data, notations of arrests, detentions, indictments, informations, or other formal criminal charges. This record also includes any dispositions of the charges, as well as notations on correctional supervision and release. (B) "Criminal history information" does not include fingerprint records on individuals not involved in the criminal justice system or driver history records; (7) "Criminal history information system" means the equipment, procedures, agreements, and organizations thereof, for the compilation, processing, preservation, and dissemination of criminal history information; (8) "Criminal justice agency" means a government agency or any subunit of a government agency that is authorized by law to perform the administration of criminal justice and that allocates more than one-half (1/2) its annual budget to the administration of criminal justice; (9) "Criminal justice official" means an employee of a criminal justice agency performing the administration of criminal justice; (10) (A) "Disposition" means information describing the outcome of any criminal charges, including notations that law enforcement officials have elected not to refer the matter to a prosecutor, that a prosecutor has elected not to commence criminal proceedings, or that proceedings have been indefinitely postponed. (B) "Disposition" also includes acquittals, dismissals, probations, charges pending due to mental disease or defect, guilty pleas, nolle prosequi, nolo contendere pleas, findings of guilt, youthful offender determinations, first offender programs, pardons, commuted sentences, mistrials in which the defendant is discharged, executive clemencies, paroles, releases from correctional supervision, or deaths; (11) "Dissemination" means disclosing criminal history information or the absence of criminal history information to any person or organization outside the agency possessing the criminal history information; (12) "DNA" means deoxyribonucleic acid that is located in the cells of an individual, provides an individual's personal genetic blueprint, and encodes genetic information that is the basis of human heredity and forensic identification; (13) (A) "DNA record" means DNA identification information stored in the State DNA Data Base or CODIS for the purpose of generating investigative leads or supporting statistical interpretation of DNA test results. (B) The DNA record is the result obtained from the DNA typing tests. (C) The DNA record is composed of the characteristics of a DNA sample that are of value in establishing the identity of individuals. (D) The results of all DNA identification tests on an individual's DNA sample also are collectively referred to as the DNA profile of an individual; (14) "DNA sample" means a blood, saliva, or tissue sample provided by any individual as required by this subchapter or submitted to the State Crime Laboratory for analysis or storage, or both; (15) "Identification Bureau" means the Identification Bureau of the Division of Arkansas State Police, which may maintain fingerprint card files and other identification information on individuals; (16) (A) "Juvenile aftercare and custody information" means information maintained by the Division of Youth Services of the Department of Human Services regarding the status of a juvenile committed to or otherwise placed in the custody of the Division of Youth Services from the date of commitment until the juvenile is released from aftercare or custody, whichever is later. (B) "Juvenile aftercare and custody information" may include the name, address, and phone number of a contact person or an entity responsible for the juvenile; (17) "Nonconviction information" means a felony arrest information without disposition if at least five (5) years have elapsed from the date of arrest, any misdemeanor arrest for which a disposition has not been entered, all acquittals, and all dismissals; (18) "Pending information" means criminal history information in some stage of active prosecution or processing; (19) "Rapid DNA technology" means the fully automated, hands-free process of developing a DNA profile from a reference sample mouth swab in one (1) to two (2) hours without the need for a DNA laboratory or human interpretation; and (20) "Sealed record" means a record that was sealed under the Comprehensive Criminal Record Sealing Act of 2013, § 16-90-1401 et seq.

Legislative History

Amended by Act 2023, No. 392,§ 2, eff. 8/1/2023. Amended by Act 2021, No. 630,§ 1, eff. 7/28/2021. Amended by Act 2013, No. 1460,§ 3, eff. 1/1/2014. Acts 1993, No. 1109, § 1; 2001, No. 1048, § 1; 2005, No. 1962, § 40; 2009, No. 974, § 2.