§ 5-42-205 - Investigative powers.
5-42-205. Investigative powers.
(a) The prosecuting attorney may file an ex parte petition supported by affidavit or recorded sworn testimony before any judicial officer of competent jurisdiction seeking any record or report required to be made by law.
(b) The judicial officer may order the custodian to deliver to the prosecuting attorney any record or report that is required to be made by Arkansas law, including a tax record or report, if the court finds reasonable cause to believe that the record or report requested is needed for a legitimate investigative or prosecutorial purpose and that the investigation or prosecution involves a violation of any predicate criminal offense.
(c) The judicial officer may order the custodian to deliver to the prosecuting attorney any record or report that is required to be made by federal law if federal law does not specifically prohibit the record or report's disclosure to a state prosecuting attorney and if the court finds reasonable cause to believe that the record or report requested is needed for a legitimate investigative or prosecutorial purpose and that the investigation or prosecution involves a violation of this section or any predicate criminal offense.
(d) (1) Nothing in this section requires a court order when any record or report may currently be obtained pursuant to the prosecuting attorney's subpoena power.
(2) However, the prosecuting attorney may use the procedure and burden established in this section to obtain any other record or report, notwithstanding whether the law requires the record or report to be made or a court order for disclosure.
(e) Any record or report disclosed under a provision of this section may be introduced as evidence if the record or report is otherwise admissible under the applicable rule of evidence.
(f) An individual whose record is obtained shall be notified by the prosecuting attorney ninety (90) days after the order is issued unless a court finds the investigation is continuing and enters an order deferring the notice requirement under this subsection until ninety (90) days after the investigation is completed or until prosecution has been initiated and a motion for discovery granted.