§ 12-12-1006 - Fingerprinting, DNA sample collection, and photographing.
               	 		
12-12-1006.    Fingerprinting, DNA sample collection, and photographing.
    (a)    (1)  Immediately  following an arrest for an offense, a law enforcement official at the  receiving criminal detention facility shall take, or cause to be taken,  the fingerprints and a photograph of the arrested person if the offense  is a felony or a Class A misdemeanor.
      (2)  In  addition to the requirements of subdivision (a)(1) of this section, a  law enforcement official at the receiving criminal detention facility  shall take, or cause to be taken, a DNA sample of a person arrested for:
            (A)  Capital murder,    5-10-101;
            (B)  Murder in the first degree,    5-10-102;
            (C)  Kidnapping,    5-11-102;
            (D)  Sexual assault in the first degree,    5-14-124; or
            (E)  Sexual assault in the second degree,    5-14-125.
(b)    (1)  When  the first appearance of a defendant in court is caused by a citation or  summons for an offense, a law enforcement official at the receiving  criminal detention facility shall take, or cause to be taken, the  fingerprints and a photograph of the arrested person when the offense is  a felony or a Class A misdemeanor.
      (2)  In  addition to the requirements of subdivision (b)(1) of this section, if  the first appearance of a defendant in court is caused by a citation or  summons for a felony offense enumerated in subdivision (a)(2) of this  section, the court immediately shall order and a law enforcement officer  shall take or cause to be taken a DNA sample of the arrested person.
(c)    (1)  When  felony or Class A misdemeanor charges are brought against a person  already in the custody of a law enforcement agency or correctional  agency and the charges are separate from the charges for which the  person was previously arrested or confined, the law enforcement agency  or the correctional agency shall again take the fingerprints and  photograph of the person in connection with the new charges.
      (2)  In  addition to the requirements of subdivision (c)(1) of this section,  when a felony charge enumerated in subdivision (a)(2) of this section is  brought against a person already in the custody of a law enforcement  agency or a correctional agency and the felony charge is separate from  the charge or charges for which the person was previously arrested or  confined, the law enforcement agency or the correctional agency shall  take or cause to be taken a DNA sample of the person in connection with  the new felony charge unless the law enforcement agency or the  correctional agency can verify that the person's DNA record is stored in  the State DNA Data Base or CODIS.
(d)    (1)  When  a defendant pleads guilty or nolo contendere to or is found guilty of  any felony or Class A misdemeanor charge, the court shall order that the  defendant be immediately fingerprinted and photographed by the  appropriate law enforcement official.
      (2)  In  addition to the requirements of subdivision (d)(1) of this section, if a  defendant pleads guilty or nolo contendere to or is found guilty of a  felony charge enumerated in subdivision (a)(2) of this section, the  court shall order that the defendant provide a DNA sample to the  appropriate law enforcement official unless the appropriate law  enforcement official can verify that the defendant's DNA record is  stored in the State DNA Data Base or CODIS.
(e)    (1)  Fingerprints  or photographs taken after arrest or court appearance under subsections  (a) and (b) of this section or taken from persons already in custody  under subsection (c) of this section shall be forwarded to the  Identification Bureau of the Department of Arkansas State Police within  forty-eight (48) hours after the arrest or court appearance.
      (2)  Fingerprints  or photographs taken under subsection (d) of this section shall be  forwarded to the Identification Bureau by the fingerprinting official  within five (5) working days after the plea or finding of guilt.
(f)  Fingerprint  cards or fingerprint images may be retained by the Identification  Bureau, and criminal history information may be retained by the central  repository for any criminal offense.
(g)    (1)  A  DNA sample provided under this section shall be delivered to the State  Crime Laboratory by a law enforcement officer at the law enforcement  agency that took the sample in accordance with rules promulgated by the  State Crime Laboratory.
      (2)  A DNA sample taken under this section shall be retained in the State DNA Data Bank established under    12-12-1106.
(h)  A  DNA sample provided under this section shall be taken in accordance  with rules promulgated by the State Crime Laboratory in consultation  with the Department of Arkansas State Police and the Department of  Health.
(i)  Refusal to be  fingerprinted or photographed or refusal to provide a DNA sample as  required by this subchapter is a Class B misdemeanor.
(j)    (1)  A  person authorized by this section to take a DNA sample is not  criminally liable for taking a DNA sample under this subchapter if he or  she takes the DNA sample in good faith and uses reasonable force.
      (2)  A  person authorized by this section to take a DNA sample is not civilly  liable for taking a DNA sample if the person acted in good faith, in a  reasonable manner, using reasonable force, and according to generally  accepted medical and other professional practices.
(k)    (1)  An  authorized law enforcement agency or an authorized correctional agency  may employ reasonable force if an individual refuses to submit to a  taking of a DNA sample authorized under this subchapter.
      (2)  An  employee of an authorized law enforcement agency or an authorized  correctional agency is not criminally or civilly liable for the use of  reasonable force described in subdivision (k)(1) of this section.
(l)  A  person less than eighteen (18) years of age is exempt from all  provisions of this section regarding the collection of a DNA sample  unless that person is charged by the prosecuting attorney as an adult in  circuit court or pleads guilty or nolo contendere to or is found guilty  of a felony offense in circuit court.