§ 16-81-113 — Warrantless arrest for domestic abuse - Definitions

(a) (1) (A) Except as provided in subdivision (a)(3) of this section, when a law enforcement officer has probable cause to believe a person has committed acts which constitute a crime under the laws of this state and which constitute domestic abuse as defined in subdivision (b)(1) of this section against a family or household member, the officer may arrest the person without a warrant if the law enforcement officer has probable cause to believe the person has committed those acts within the preceding four (4) hours or within the preceding twelve (12) hours for cases involving physical injury as defined in § 5-1-102 , even if the incident did not take place in the presence of the law enforcement officer. (B) The arrest of the person shall be considered the preferred action by the law enforcement officer when evidence indicates that domestic abuse has occurred in addition to a violation of the Arkansas Criminal Code, § 5-1-101 et seq. (2) (A) When a law enforcement officer receives conflicting accounts of an act of domestic abuse involving family or household members, the law enforcement officer shall evaluate each account separately to determine if one (1) party to the act of domestic abuse was the predominant aggressor. (B) (i) When determining if one (1) party to an act of domestic abuse is the predominant aggressor, a law enforcement officer shall consider the following factors based upon his or her observation: (a) Statements from parties to the act of domestic abuse and other witnesses; (b) The extent of personal injuries received by parties to the act of domestic abuse; (c) Evidence that a party to the act of domestic abuse acted in self-defense; or (d) Prior complaints of domestic abuse if the history of prior complaints of domestic abuse can be reasonably ascertained by the law enforcement officer. (ii) A law enforcement officer may consider any other relevant factors when determining if one (1) party to an act of domestic abuse is the predominant aggressor. (3) (A) When a law enforcement officer has probable cause to believe a person that is a party to an act of domestic abuse is the predominant aggressor and the act of domestic abuse would constitute a felony under the laws of this state, the law enforcement officer shall arrest the person who was the predominant aggressor with or without a warrant if the law enforcement officer has probable cause to believe the person has committed the act of domestic abuse within the preceding four (4) hours, or within the preceding twelve (12) hours for cases involving physical injury as defined in § 5-1-102 , even if the incident did not take place in the presence of the law enforcement officer. (B) (i) When a law enforcement officer has probable cause to believe a person who is a party to an act of domestic abuse is the predominant aggressor and the act of domestic abuse would constitute a misdemeanor under the laws of this state, the arrest with or without a warrant of the person who was the predominant aggressor shall be considered the preferred action by the law enforcement officer if there is reason to believe that there is an imminent threat of further injury to any party to the act of domestic abuse and the law enforcement officer has probable cause to believe the person has committed the act of domestic abuse within the preceding four (4) hours or within the preceding twelve (12) hours for cases involving physical injury as defined in § 5-1-102 , even if the incident did not take place in the presence of the law enforcement officer. (ii) When a law enforcement officer has probable cause to believe a person who is a party to an act of domestic abuse is the predominant aggressor and the act of domestic abuse would constitute a misdemeanor under the laws of this state, the law enforcement officer may arrest the person without a warrant if the law enforcement officer has probable cause to believe the person has committed those acts within the preceding four (4) hours, or within the preceding twelve (12) hours for cases involving physical injury as defined in § 5-1-102 , even if the incident did not take place in the presence of the law enforcement officer. (4) Any law enforcement officer acting in good faith and exercising due care in making an arrest for domestic abuse shall have immunity from civil liability. (b) As used in this section: (1) (A) "Dating relationship" means a romantic or intimate social relationship between two (2) individuals which shall be determined by examining the following factors: (i) The length of the relationship; (ii) The type of the relationship; and (iii) The frequency of interaction between the two (2) individuals involved in the relationship. (B) "Dating relationship" shall not include a casual relationship or ordinary fraternization in a business or social context between two (2) individuals; (2) "Domestic abuse" means: (A) Physical harm, bodily injury, assault, or the infliction of fear of imminent physical harm, bodily injury, or assault between family or household members; or (B) Any sexual conduct between family or household members, whether minors or adults, which constitutes a crime under the laws of this state; and (3) "Family or household member" means spouses, former spouses, parents and children, persons related by blood within the fourth degree of consanguinity, any child residing in the household, persons who have resided or cohabited together presently or in the past, persons who have or have had a child in common, and persons who have been in a dating relationship together presently or in the past. (c) (1) Any person arrested under the provisions of this section shall be taken before a judicial officer without unnecessary delay. (2) The judicial officer shall conduct a pretrial release inquiry of the person. (d) The inquiry should take the form of an assessment of factors relevant to the release decision such as: (1) The person's employment status, history, and financial condition; (2) The nature and extent of his or her family relationships; (3) His or her past and present residence; (4) His or her character and reputation; (5) Persons who agree to assist him or her in attending court at the proper times; (6) The nature of the charge and any mitigating or aggravating factors that may bear on the likelihood of conviction and the possible penalty; (7) The person's prior criminal record, if any, and if he or she previously has been released pending trial, whether he or she appears as required; (8) Any facts indicating the possibility of violations of law if the person is released without restrictions; and (9) Any other facts tending to indicate that the person has strong ties to the community and is not likely to flee the jurisdiction of the court. (e) The judicial officer may impose one (1) or more of the following conditions of release: (1) Placing the person under the care of a qualified person or organization agreeing to supervise the person and assist him or her in appearing in court; (2) Imposing reasonable restrictions on the activities, movements, associations, and residences of the person; and (3) Imposing any other reasonable restrictions to ensure the appearance of the person at future judicial hearings.

Legislative History

Acts 1991, No. 268, §§ 1, 2; 1999, No. 1550, § 1; 2001, No. 1421, § 1; 2001, No. 1678, § 3; 2005, No. 1875, § 3; 2007, No. 204, § 1.