§ 12-12-1103 — Definitions

As used in this subchapter: (1) "Adjudication of guilt" and words of similar import mean a plea of guilty, a plea of nolo contendere, a negotiated plea, a finding of guilt by a judge, or a finding of guilt by a jury; (2) "Administration of criminal justice" means: (A) Performing functions of investigation, apprehension, detention, prosecution, adjudication, correctional supervision, or rehabilitation of accused persons or criminal offenders; (B) Performing criminal identification activities; and (C) Collecting, maintaining, and disseminating justice information; (3) (A) "CODIS" means the Federal Bureau of Investigation's national DNA identification index system that allows the storage and exchange of DNA records submitted by state and local forensic laboratories. (B) CODIS is derived from Combined DNA Index System; (4) "Criminal justice agency" means a government agency, or any subunit thereof, which is authorized by law to perform the administration of criminal justice and which allocates more than one-half (1/2) its annual budget to the administration of criminal justice; (5) (A) "DNA" means deoxyribonucleic acid. (B) (i) DNA is located in the cells and provides an individual's personal genetic blueprint. (ii) DNA encodes genetic information that is the basis of human heredity and forensic identification; (6) (A) "DNA record" means deoxyribonucleic acid (DNA) identification information stored in the State DNA Data Base or CODIS for the purpose of generating investigative leads or supporting statistical interpretation of deoxyribonucleic acid (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 which are of value in establishing the identity of individuals. (D) The results of all DNA identification tests on an individual's DNA sample are also collectively referred to as the DNA profile of an individual; (7) "DNA sample" means a blood or tissue sample provided by any person with respect to offenses covered by this subchapter or submitted to the State Crime Laboratory for analysis or storage or both; (8) "FBI" means the Federal Bureau of Investigation; (9) (A) "Qualifying offense" means any felony offense as defined in the Arkansas Criminal Code or a sexual offense classified as a misdemeanor as defined by the Arkansas Criminal Code or a repeat offense as defined in this section. (B) "Qualifying offense" does not include a misdemeanor violation of sexual indecency with a child, § 5-14-110 ; and (10) "Repeat offense" means a second or subsequent adjudication of guilt in a separate criminal action for the commission of any misdemeanor or felony offense involving violence as set forth in Arkansas law, the law of another state, federal law, or military law.

Legislative History

Amended by Act 2023, No. 619,§ 15, eff. 8/1/2023. Acts 1997, No. 737, § 3; 2003, No. 1087, § 12; 2003, No. 1390, § 5; 2003, No. 1470, § 2; 2005, No. 1962, § 43.