Arkansas § 13-4-403 Criminal investigation documentation - Definition

Arkansas Statutes

§ 13-4-403 — Criminal investigation documentation - Definition

Arkansas·Title 13

(a)As used in this section, "criminal investigation documentation" includes without limitation:

(1)Incident or offense reports;

(2)Arrest warrant records;

(3)Search warrant records; and (4) Investigative case files, including:

(A)Photographs;

(B)Lab reports; and (C) Audio media, visual media, and audiovisual media.

(b)Criminal investigation documentation shall be retained for the following periods of time:

(1)If the criminal investigation documentation is associated with a Class Y or Class A felony, it shall be retained for at least thirty (30) years;

(2)If the criminal investigation documentation is associated with a non-Class Y felony, it shall be retained for at least ten (10) years;

(3)If the criminal investigation documentation is associated with a misdemeanor or violation,

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(a) As used in this section, "criminal investigation documentation" includes without limitation: (1) Incident or offense reports; (2) Arrest warrant records; (3) Search warrant records; and (4) Investigative case files, including: (A) Photographs; (B) Lab reports; and (C) Audio media, visual media, and audiovisual media. (b) Criminal investigation documentation shall be retained for the following periods of time: (1) If the criminal investigation documentation is associated with a Class Y or Class A felony, it shall be retained for at least thirty (30) years; (2) If the criminal investigation documentation is associated with a non-Class Y felony, it shall be retained for at least ten (10) years; (3) If the criminal investigation documentation is associated with a misdemeanor or violation, it shall be retained for at least three (3) years; (4) If the criminal investigation documentation relates to a civil matter or other noncriminal matter, it shall be retained for at least three (3) years; and (5) If the criminal investigation documentation is associated with a use of force by law enforcement, law enforcement complaints, or administrative proceedings, it shall be retained for at least three (3) years. (c) Except as otherwise provided under subsection (b) of this section, audio media, visual media, and audiovisual media shall be retained for at least thirty (30) days. (d) Criminal investigation documentation may be disposed of by the order of the county judge upon recommendation of the county sheriff after the period of time dictated by subsection (b) of this section.

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