Stricken language would be deleted from and underlined language would be added to present law.
Act 962 of the Regular Session
1 State of Arkansas As Engrossed: H3/16/21 H3/17/21
2 93rd General Assembly A Bill
3 Regular Session, 2021 HOUSE BILL 1696
4
5 By: Representatives Crawford, Boyd
6 By: Senator G. Stubblefield
7
8 For An Act To Be Entitled
9 AN ACT CONCERNING THE TAKING OF FINGERPRINTS, A DNA
10 SAMPLE, AND PHOTOGRAPH FOR A PERSON ARRESTED FOR A
11 CLASS A MISDEMEANOR; AND FOR OTHER PURPOSES.
12
13
14 Subtitle
15 CONCERNING THE TAKING OF FINGERPRINTS, A
16 DNA SAMPLE, AND PHOTOGRAPH FOR A PERSON
17 ARRESTED FOR A CLASS A MISDEMEANOR.
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20 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
21
22 SECTION 1. Arkansas Code 12-12-1006(a) and (b), concerning the
23 taking of fingerprints, a DNA sample, and a photograph of an arrested person,
24 are amended to read as follows:
25 (a)(1)(A)(i) Immediately following an arrest for an offense a Class A
26 misdemeanor, a law enforcement official at the receiving criminal detention
27 facility shall may take, or cause to be taken, the fingerprints and a
28 photograph of the arrested person if the offense is a felony or a Class A
29 misdemeanor.
30 (ii) Immediately following an arrest for a felony
31 offense, a law enforcement official at the receiving criminal detention
32 facility shall take, or cause to be taken, the fingerprints and a photograph
33 of the arrested person.
34 (B) A law enforcement official at the receiving criminal
35 detention facility shall not take fingerprints of the arrested person if:
36 (i) The arrest was for a probation violation; and
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 As Engrossed: H3/16/21 H3/17/21 HB1696
1 (ii) The arrested person's fingerprints are already
2 possessed by the Identification Bureau of the Department of Arkansas State
3 Police.
4 (2) In addition to the requirements of subdivision (a)(1) of
5 this section, a law enforcement official at the receiving criminal detention
6 facility shall take, or cause to be taken, a DNA sample of a person arrested
7 for any felony offense.
8 (b)(1) When the first appearance of a defendant in court is caused by
9 a citation or summons for an offense a Class A misdemeanor, a law enforcement
10 official at the receiving criminal detention facility shall take, or cause to
11 be taken, the fingerprints and a photograph of the arrested person when the
12 offense is a felony or a Class A misdemeanor.
13 (2)(A) When the first appearance of a defendant in court is
14 caused by a summons for a felony offense, a law enforcement official at the
15 receiving criminal detention facility shall take, or cause to be taken, the
16 fingerprints and a photograph of the arrested person.
17 (2)(B) In addition to the requirements of subdivision
18 (b)(1)(b)(2)(A) of this section, if the first appearance of a defendant in
19 court is caused by a citation or summons for a felony offense enumerated in
20 subdivision (a)(2) of this section, the court immediately shall order and a
21 law enforcement officer shall take or cause to be taken a DNA sample of the
22 arrested person.
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24
25 /s/Crawford
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28 APPROVED: 4/27/21
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