Bill Summary – FastDemocracy

Stricken language would be deleted from and underlined language would be added to present law.
                                           Act 778 of the Regular Session
 State of Arkansas   As Engrossed:      S3/9/21 S3/15/21 S3/16/21 H4/6/21
 93rd General Assembly                        A Bill
 Regular Session, 2021                                                             SENATE BILL 346
 4
 By: Senators Rapert, Irvin, B. Johnson, K. Hammer, D. Wallace, J. English, Gilmore, M. Johnson, Hickey
 By: Representatives Beck, Bentley, Slape, Christiansen, Hollowell, C. Cooper, Tosh, Gazaway, Rye,
 Maddox, M. McElroy, Dalby, Evans, Watson, Wooten, Vaught
 8
                                   For An Act To Be Entitled
                AN ACT TO AMEND THE LAW CONCERNING THE USE OF AUDIO
                MEDIA, VISUAL MEDIA, AND AUDIOVISUAL MEDIA BY LAW
                ENFORCEMENT AGENCIES, DISPATCH CENTERS, PUBLIC SAFETY
                ANSWERING POINTS, JAILS, AND DETENTION CENTERS; AND
                FOR OTHER PURPOSES.
15
16
                                               Subtitle
                         CONCERNING THE USE OF AUDIO MEDIA, VISUAL
                         MEDIA, AND AUDIOVISUAL MEDIA BY LAW
                         ENFORCEMENT AGENCIES, DISPATCH CENTERS,
                         PUBLIC SAFETY ANSWERING POINTS, JAILS,
                         AND DETENTION CENTERS.
23
24
 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
26
        SECTION 1.        Arkansas Code  13-4-403 is amended to read as follows:
        13-4-403. Criminal investigation documentation  Definition.
        (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
     *KLL119*                                                                    04-06-2021 09:56:54 KLL119
     As Engrossed:           S3/9/21 S3/15/21 S3/16/21 H4/6/21                         SB346
                           (C)   Audiovisual 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 five (5)
 three (3) years; and
                   (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.
          (c)(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.
26
          SECTION 2.       Arkansas Code  14-14-111, concerning county government
 electronic records, is amended to add an additional subsection to read as
 follows:
          (d)(1)     It is the intent of the General Assembly to encourage the use
 of audio media, visual media, and audiovisual media by local law enforcement
 agencies and detention centers.
                   (2)    A contract between an electronic record provider and a
 county concerning audio media, visual media, or audiovisual media for the
 county law enforcement agencies shall provide that audio media, visual media,
 or audiovisual media be maintained as provided under  13-4-403.
                                                 2               04-06-2021 09:56:54 KLL119
     As Engrossed:           S3/9/21 S3/15/21 S3/16/21 H4/6/21                             SB346
                   (3)(A)     Pursuant to  25-19-112, the county or electronic record
 provider may charge the requestor for the costs associated with retrieving,
 reviewing, redacting, and copying audio media, visual media, or audiovisual
 media.
                            (B)   An electronic record provider that charges for costs
 under subdivision (d)(3)(A) of this section shall provide a copy of the
 invoice to the county.
 8
          SECTION 3.        Arkansas Code Title 25, Chapter 19, is amended to add an
 additional section to read as follows:
          25-19-112.        Audio media, visual media, and audiovisual media  Findings
  Intent  Law enforcement.
          (a)   The General Assembly finds that:
                   (1)    The allocation of time of trained law enforcement personnel,
 dispatchers, and detention personnel toward fulfilling requests for copies of
 audio media, visual media, and audiovisual media is substantial; and
                   (2)    The uniform assessment of costs to defray and recover the
 allocation of time of trained law enforcement personnel, dispatchers, and
 detention personnel toward fulfilling requests for copies of audio media,
 visual media, and audiovisual media is necessary.
          (b)   It is the intent of the General Assembly to encourage the use of
 audio media, visual media, and audiovisual media by state and local law
 enforcement agencies and detention centers.
          (c)(1)     A state, county, municipal, school, college, or university law
 enforcement agency, dispatch center, public safety answering point, jail,
 detention center, or electronic record provider may charge for the costs
 associated with retrieving, reviewing, redacting, and copying audio media,
 visual media, and audiovisual media as provided under this section.
          (2)   A request for audio media, visual media, and audiovisual media
 that:
                            (A)   Requires three (3) hours or less of personnel and
 equipment time to fulfill the request shall be provided at no charge:
                                   (i)    Except for the cost of reproduction of the
 media; or
                                   (ii)   Unless the requestor or the requestor's entity
 has made a request under this section in the immediately preceding thirty-day
                                                    3               04-06-2021 09:56:54 KLL119
     As Engrossed:    S3/9/21 S3/15/21 S3/16/21 H4/6/21                         SB346
 period;
                    (B)   Requires more than three (3) hours of personnel or
 equipment time to fulfill the request shall be charged at a rate that does
 not exceed twenty dollars ($20.00) per hour on a prorated basis for each hour
 of running time of audio media, visual media, or audiovisual media provided
 to the requestor; and
                    (C)   Is estimated to require more than three (3) hours of
 personnel or equipment time to fulfill the request may be required to be
 prepaid.
            (3)    A request for audio media, visual media, and audiovisual
 media shall be sufficiently specific to enable the custodian to locate the
 requested audio media, visual media, and audiovisual media with reasonable
 effort.
            (4)    An electronic record provider that charges for costs under
 this section shall provide a copy of the invoice to the entity required to
 maintain the audio media, visual media, or audiovisual media.
17
                                     /s/Rapert
19
20
                                 APPROVED: 4/20/21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
                                          4               04-06-2021 09:56:54 KLL119
Statutes affected: 
Old version SB346 Original - 2-22-2021 02:42 PM: 13-4-403, 14-14-111
Old version SB346 V2 - 3-9-2021 10:20 AM: 13-4-403, 03-09-2021, 14-14-111
Old version SB346 V3 - 3-15-2021 10:32 AM: 13-4-403, 03-15-2021, 14-14-111
Old version SB346 V4 - 3-16-2021 09:38 AM: 13-4-403, 03-16-2021, 14-14-111
Old version SB346 V5 - 4-6-2021 09:57 AM: 13-4-403, 04-06-2021, 14-14-111
SB 346: 13-4-403, 04-06-2021, 14-14-111
Act 778: 13-4-403, 04-06-2021, 14-14-111