171.00.10 Ark. Code R. § 001 - Collection of DNA Samples: Juli's Law - Revision to Rules governing: Authority, Title, Definitions, Powers and Duties of the Arkansas State Crime Laboratory, Persons Required to Surrender a DNA sample, Procedures for Collection and Transmission of DNA Samples, Limitation of Liability, Release of Information, Rules for Obtaining DNA Information, Removal and Destruction of DNA Record and Sample and Prohibition Against Disclosure
AUTHORITY
As required by the Administrative Procedures Act, Arkansas Code 25-15-204, the Arkansas Sate Crime Laboratory duly adopts and promulgates the following rules and regulations for the procedures to implement the requirements of Act 974 of 2009 (Juli's Law)
TITLE
The title of these rules and regulations will be known as "Juli's Law; to provide for the collection of a DNA sample following an arrest or a criminal charge for certain-offensives and to establish procedures for the collection, maintenance, and dissemination of DNA samples."
DEFINITIONS
* "DNA" means deoxyribonucleic acid and is located in the cells of an individual, provides an individual personal genetic blueprint and_encodes genetic information that is the basis of human heredity and forensic identification.
* "Administration of criminal justice" means performing functions of investigation, apprehension, detention, prosecution, adjudication, correctional supervision, or rehabilitation of accused persons or criminal offenders. The administration of criminal justice also includes criminal identification activities and the collection, maintenance, and dissemination of criminal justice information.
* "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;
* "Central repository" means the Arkansas Crime Information Center, which is authorized to collect, maintain, and disseminate criminal history information;
* "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;
* "Criminal history information" means a record compiled by a central repository or the Identification Bureau of the Department of Arkansas State Police on an individual consisting of names and identification data, notation of arrest, detentions, indictments, information, or other formal criminal charges. This record also includes any dispositions of the charges, as well as notations on correctional supervision and release. "Criminal history information" does not include fingerprint records on individuals not involved in the criminal justice system or driver history records;
* "Criminal history information system" means the equipment, procedures, agreements, and organizations thereof, for the compilation, processing, preservation, and dissemination of criminal history information;
* "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, strate forensic laboratories, and local forensic laboratories.
* "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.
* "Criminal justice official" means an employee of a criminal justice agency performing the administration of criminal justice;
* "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. "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 form correctional supervision, or deaths;
* "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. The DNA record is the result obtained from the DNA typing tests. The DNA record is comprised of the characteristics of a DNA sample which are of value in establishing the identity of individuals. The results of all DNA identification tests on an individual DNA sample are also collectively referred to as the DNA profile of an individual.
* "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.
* "Expunged record" means a record that was expunged under § 16-90-901 et seg.;
* "Identification Bureau" means the Identification Bureau of the Department of Arkansas State Police, which may maintain fingerprint card files and other identification information on individuals;
* "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 from the date of commitment until the juvenile is released from aftercare or custody, whichever is later. This may include the name, address, and phone number of a contact person or an entity responsible for the juvenile;
* "Non-conviction information" means arrest information without disposition if an interval of one (1) year has elapsed from the date of arrest and no active prosecution of the charge is pending, as well as all acquittals and all dismissals;
* "Pending information" means criminal history information in some stage of active prosecution or processing.
POWER AND DUTIES OF THE ARKANSAS STATE CRIME LABORATORY
PERSONS REQUIRED TO SURRENDER A DNA Sample
* Capital murder, |
§ 5-10-101 |
* Murder in the first degree, |
§ 5-10-102 |
* Kidnapping, |
§ 5-11-102 |
* Sexual Assault in the first degree, |
§ 5-14-124 |
* Sexual Assault in the second degree |
§ 5-14-125 |
PROCEDURES FOR COLLECTION AND TRANSMISSION OF DNA SAMPLES
LIMITATION ON LIABILITY
RELEAS OF INFORMATION
The following guidelines for release of information will be instituted after requirements of Arkansas Code annotated 12-12-312 have been met.
RULES FOR OBTAINING DNA INFORMATION
REMOVAL AND DESTRUCTION OF DNA RECORD AND SAMPLE
* A court order for removal and destruction of the DNA record and.
DNA sample; and
Either of the following:
* A certified copy of:
* a judgment of conviction of a Class B misdemeanor or Class C misdemeanor; or
* A court order stating that a charge arising out of the person's arrest has not been filed within one year of the date of the arrest.
PROHIBITION AGAINST DISCLOSURE
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.