§ 12-12-1006 — Fingerprinting, DNA sample collection, and photographing

Arkansas § 12-12-1006

• Jurisdiction: Arkansas
• Title: 12

Text

(a) (1) (A) (i) Immediately following an arrest for a Class A misdemeanor, a law enforcement official may take, or cause to be taken, the fingerprints and a photograph of the arrested person. (ii) Immediately following an arrest for a felony offense, a law enforcement official at the receiving criminal detention facility shall take, or cause to be taken, the fingerprints and a photograph of the arrested person. (B) A law enforcement official shall not take fingerprints of the arrested person if: (i) The arrest was for a probation violation; and (ii) The arrested person's fingerprints are already possessed by the Identification Bureau of the Division of Arkansas State Police. (2) (A) In addition to the requirements of subdivision (a)(1) of this section, a law enforcement official at the receiving criminal detention facility shall take, or cause to be taken, a DNA sample of a person arrested for any felony offense. (B) The receiving criminal detention facility shall either: (i) Submit the DNA sample taken under subdivision (a)(2)(A) of this section to the State Crime Laboratory for analysis; or (ii) (a) If the receiving criminal detention facility is authorized by the State Crime Laboratory to use rapid DNA technology, analyze the DNA sample taken under subdivision (a)(2)(A) of this section at arrest using rapid DNA technology. (b) However, if the analysis of a DNA sample fails using the rapid DNA technology, the receiving criminal detention facility shall collect another DNA sample and submit that DNA sample to the State Crime Laboratory for analysis. (C) If the receiving criminal detention facility is using Rapid DNA technology to analyze a DNA sample taken from individuals arrested for a felony offense, then the taken DNA sample under subdivision (a)(2)(A) of this section shall not be retained or stored after completion of the Rapid DNA identification process. (b) (1) When the first appearance of a defendant in court is caused by a citation or summons for a Class A misdemeanor, a law enforcement official shall take, or cause to be taken, the fingerprints and a photograph of the arrested person. (2) (A) When the first appearance of a defendant in court is caused by a summons for a felony offense, a law enforcement official at the receiving criminal detention facility shall take, or cause to be taken, the fingerprints and a photograph of the arrested person. (B) In addition to the requirements of subdivision (b)(2)(A) of this section, if the first appearance of a defendant in court is caused by a summons for a felony offense, the court immediately shall order and a law enforcement officer shall take or cause to be taken a DNA sample of the arrested person. (c) (1) When felony or Class A misdemeanor charges are brought against a person already in the custody of a law enforcement agency or correctional agency and the charges are separate from the charges for which the person was previously arrested or confined, the law enforcement agency or the correctional agency shall again take the fingerprints and photograph of the person in connection with the new charges. (2) In addition to the requirements of subdivision (c)(1) of this section, when a felony charge enumerated in subdivision (a)(2) of this section is brought against a person already in the custody of a law enforcement agency or a correctional agency and the felony charge is separate from the charge or charges for which the person was previously arrested or confined, the law enforcement agency or the correctional agency shall take or cause to be taken a DNA sample of the person in connection with the new felony charge unless the law enforcement agency or the correctional agency can verify that the person's DNA record is stored in the State DNA Data Base or CODIS. (d) (1) When a defendant pleads guilty or nolo contendere to or is found guilty of any felony or Class A misdemeanor charge, the court shall order that the defendant be immediately fingerprinted and photographed by the appropriate law enforcement official. (2) In addition to the requirements of subdivision (d)(1) of this section, if a defendant pleads guilty or nolo contendere to or is found guilty of a felony charge enumerated in subdivision (a)(2) of this section, the court shall order that the defendant provide a DNA sample to the appropriate law enforcement official unless the appropriate law enforcement official can verify that the defendant's DNA record is stored in the State DNA Data Base or CODIS. (e) (1) Fingerprints or photographs taken after arrest or court appearance under subsections (a) and (b) of this section or taken from persons already in custody under subsection (c) of this section shall be forwarded to the Identification Bureau of the Division of Arkansas State Police within forty-eight (48) hours after the arrest or court appearance. (2) Fingerprints or photographs taken under subsection (d) of this section shall be forwarded to the Identification Bureau by the fingerprinting official within five (5) working days after the plea or finding of guilt. (f) Fingerprint cards or fingerprint images may be retained by the Identification Bureau, and criminal history information may be retained by the central repository for any criminal offense. (g) (1) Except as provided in subdivision (a)(2) of this section, a DNA sample provided under this section shall be delivered to the State Crime Laboratory by a law enforcement officer at the law enforcement agency that took the sample in accordance with rules promulgated by the State Crime Laboratory. (2) Except for a DNA sample analyzed using rapid DNA technology, a DNA sample taken under this section shall be retained in the State DNA Data Bank established under § 12-12-1106 . (h) A DNA sample provided under this section shall be taken in accordance with rules promulgated by the State Crime Laboratory in consultation with the Division of Arkansas State Police and the Department of Health. (i) Refusal to be fingerprinted or photographed or refusal to provide a DNA sample as required by this subchapter is a Class B misdemeanor. (j) (1) A person authorized by this section to take a DNA sample is not criminally liable for taking a DNA sample under this subchapter if he or she takes the DNA sample in good faith and uses reasonable force. (2) A person authorized by this section to take a DNA sample is not civilly liable for taking a DNA sample if the person acted in good faith, in a reasonable manner, using reasonable force, and according to generally accepted medical and other professional practices. (k) (1) An authorized law enforcement agency or an authorized correctional agency may employ reasonable force if an individual refuses to submit to a taking of a DNA sample authorized under this subchapter. (2) An employee of an authorized law enforcement agency or an authorized correctional agency is not criminally or civilly liable for the use of reasonable force described in subdivision (k)(1) of this section. (l) A person less than eighteen (18) years of age is exempt from all provisions of this section regarding the collection of a DNA sample unless that person is charged by the prosecuting attorney as an adult in circuit court or pleads guilty or nolo contendere to or is found guilty of a felony offense in circuit court. (m) (1) Notice that a DNA sample is required to be provided under this section is not required. (2) A person subject to this section who has not provided a DNA sample for any reason, including without limitation an oversight, shall give a DNA sample for inclusion in the State DNA Data Base after being notified by the appropriate receiving criminal detention facility, law enforcement official, law enforcement agency, or correctional agency or the State Crime Laboratory. (3) If a person's DNA sample is not adequate for any reason, the person shall provide another DNA sample for analysis. (4) The State Crime Laboratory or any other aggrieved entity may institute an action in a court of competent jurisdiction against any person to compel the person to comply with this section.

Legislative History

Amended by Act 2023, No. 785,§ 1, eff. 8/1/2023. Amended by Act 2023, No. 392,§ 5, eff. 8/1/2023. Amended by Act 2023, No. 392,§ 4, eff. 8/1/2023. Amended by Act 2023, No. 392,§ 3, eff. 8/1/2023. Amended by Act 2021, No. 962,§ 1, eff. 7/28/2021. Amended by Act 2015, No. 954,§ 1, eff. 7/22/2015. Amended by Act 2015, No. 543,§ 1, eff. 7/22/2015. Acts 1993, No. 1109, § 5; 1997, No. 826, § 5; 1997, No. 1231, § 1; 2001, No. 177, § 2; 2001, No. 1712, § 2; 2009, No. 974, § 6; 2011, No. 699, § 1. Act 2023, No. 392provides this act shall be known and may be cited as "The Liza Fletcher Act".