Arkansas

Enhanced Budget Items

The Rapid DNA program is funded through the Department of Public Safety – Arkansas State Crime Laboratory (Agency 0955) budget, under two dedicated appropriation line items first created for FY2023-2024:

BF4 – Rapid DNA Technology — $1,386,572, funded by General Revenue (Miscellaneous Agencies Fund/HUA). Single line: “Rapid DNA Expenses” (5900046). This funds operation of Rapid DNA technology at the Crime Lab.

BF3 – Rapid ID Jumpstart Package – Cash — $369,460, funded by Cash Funds (NCL – Rapid DNA Cash). Single line: “Rapid ID Jump Start Package” (5900046). This is the upfront startup money.

Both line items were established by the appropriation act Act 466 of 2023 (originally SB334, “An Act for the Department of Public Safety – State Crime Laboratory Rapid DNA Technology Appropriation for the 2023-2024 Fiscal Year”). Lead sponsor Sen. Greg Leding; co-sponsor Rep. Carlton Wing. Signed/Act date April 4, 2023, with an emergency clause. Senate passed 32–1 (3/29/2023); House passed it (3/30/2023). The two line items carry through the Legislative Recommendation column of the Crime Lab budget for the 2023-2025 biennium.

Arrestees: Adults, and minors only if charged as an adult (or if adjudicated delinquent for a crime under §9-35-435 (rape, sexual assault, incest, etc.).

Qualifying Crimes: Arrest for any felony offense. Booking Station Rapid DNA Ready.

Time of Collection: Taken at booking; at the first court appearance when the person is summoned for any felony offense (§ 12-12-1006(b)(2)(B)); or when new charges arise while the person is already incarcerated. Rapid DNA authorized in mandatory collection statute (see SB 401 (2023)).

If the receiving criminal detention facility is authorized by the State Crime Laboratory to use rapid DNA technology, analyze the DNA sample taken under subdivision (a)(2)(A) of this section at arrest using rapid DNA technology.

However, if the analysis of a DNA sample fails using the rapid DNA technology, the receiving criminal detention facility shall collect another DNA sample and submit that DNA sample to the State Crime Laboratory for analysis.

Expungement: Yes – the person petitions the State Crime Laboratory following acquittal; dismissal; a nolle prosequi; successful completion of a pre-prosecution diversion program or a conditional discharge; conviction of a lesser misdemeanor; or reversal of the conviction. The record must be expunged upon submission of (1) a written request for removal and destruction, (2) a court order for removal and destruction of the DNA record, and (3) a certified copy of the acquittal, dismissal, order of nolle prosequi, documentation of the completed diversion program or conditional discharge, the reversal, or a court order stating that no charge arising from the arrest was filed within 1 year — unless the person has a prior conviction or pending charge for which DNA collection is authorized.

Convicted Offenders: Yes. See ACA 12-12-1109.

Qualifying Crimes: Any felony conviction. Minors under 18 are excluded unless they are charged as adults and plead guilty or nolo contendere to, or are found guilty of, a felony offense (or are adjudicated delinquent for a crime under § 9-27-357 (rape, sexual assault, incest, etc.; citation corrected from the prior reference to § 9-35-435)).

A negotiated plea agreement may require a person to provide a DNA sample if the person enters a negotiated plea to a charge that has been reduced from a qualifying offense to an offense that is not a qualifying offense.

Time of Collection: Where no sample was taken at arrest or at the first court appearance, the court orders collection after a plea of guilty or nolo contendere; samples are also taken at intake to a prison, jail, or other detention facility.

Expungement: Yes.

(1) must apply to any circuit court upon reversal of conviction and dismissal of case

(2) serve a copy of application for removal and destruction on prosecutor for count in which adjudication of guilt was obtained at least 20 days prior to date of hearing on application; and

(3) a certified copy of the reversal order must be attached to the order removing and destroying the DNA record

Under A.C.A. § 16-112-208, if a post-conviction DNA test excludes an individual and they are cleared without a database match linking them to another offense, the laboratory must destroy the sample and remove the profile, provided no other qualifying offenses exist.

Statutes / Case Law

ARK. CODE ANN. §12-12-1006. Fingerprinting, DNA Sample Collection, and Photographing;

ARK. CODE ANN. §12-12-1105. State DNA Data Base;

ARK. CODE ANN. §12-12-1109. DNA Sample Required Upon Adjudication of Guilt;

ARK. CODE ANN. §12-12-1113. Removal and destruction of the DNA record and DNA sample Testing Procedures §16-112-208

Legislative History

Act 737 of 1997 — HB1064 (Rep. Flanagin et al.), 81st General Assembly “DNA DETECTION OF SEXUAL AND VIOLENT OFFENDERS ACT”. This is the bill that created the State Convicted Offender DNA Data Base Act (Ark. Code §§ 12-12-1101 through 12-12-1120), effective August 1, 1997. It required DNA samples from persons convicted of qualifying sexual and violent offenses. This is codified in Subchapter 11, separate from § 12-12-1006. Also notable on the same page: Act 750 of 1997 — HB1875 (Rep. Flanagin), titled “AN ACT FOR THE STATE CRIME LABORATORY – DNA DATA BASE APPROPRIATION” — that’s the companion funding bill passed the same session to actually stand up the database. Both were sponsored by the same legislator (Flanagin), introduced as a package.

Act 974 of 2009 — HB1473 — added DNA collection to the statute for the first time.

Act 699 of 2011 — HB1563 — extended DNA mandate to rape arrests under Juli’s Law.

Act 543 of 2015 — HB1573 — DNA collection from felony arrestees; removal and destruction procedures.

Act 962 of 2021 — HB1696 — extended DNA collection to Class A misdemeanor arrests.

Act 392 of 2023 — SB401 (The Liza Fletcher Act) — added Rapid DNA technology authorization and retention rules.

Act 785 of 2023 — SB526 — clarified DNA sample retention for felony arrestees.

• The mandatory felony arrest statute specifically authorizes Rapid DNA at booking station as option. https://law.justia.com/codes/arkansas/title-12/subtitle-2/chapter-12/subchapter-10/section-12-12-1006/
• Rapid DNA authorized in mandatory collection statute (see SB 401 (2023, enacted)).
  • If the receiving criminal detention facility is authorized by the State Crime Laboratory to use rapid DNA technology, can analyze the DNA sample taken under subdivision (a)(2)(A) of this section at arrest using rapid DNA technology.
  • However, if the analysis of a DNA sample fails using the rapid DNA technology, the receiving criminal detention facility shall collect another DNA sample and submit that DNA sample to the State Crime Laboratory for analysis.

No specific law or program. But Arkansas State Police Cold Unit appears to allow FGG use and outsources it. See 2025 cold case unit announcement. See 2026 publication on another case.

Dept. of Public Safety won BJA SAKI grants (FY2022 $1M; FY2024 $474,939) after a state census identified ~42,000 arrested/convicted individuals owing CODIS-eligible DNA, including ~2,800 tied to sex offenses; building a task force and enhancing STACS sample tracking software. SAKI – Arkansas

No specific program or law.