2020 Arkansas Code
Title 12 - Law Enforcement, Emergency Management, and Military Affairs
Subtitle 2 - Law Enforcement Agencies and Programs
Chapter 6 - General Provisions
Subchapter 7 - Law Enforcement Agencies in General
§ 12-6-701. Confidentiality of certain law enforcement records — Definitions

(a) As used in this section:

1. (1) “Access a record” means to view a photograph or video recording or to listen to an audio recording;

2. (2) “Custodian of the record” means a person identified by the governmental entity that possesses the record and is responsible for safeguarding and providing access to the record;

3. (3) “Death of a law enforcement officer” means all acts or events that caused or otherwise relate to the death of a law enforcement officer who was acting in the course of his or her official duties, including any related acts or events immediately preceding or subsequent to the acts or events that caused or otherwise relate to the death;

4. (4) “Family member” means a spouse, biological or adopted child, parent, or sibling of the deceased law enforcement officer;

5. (5) “Law enforcement officer” means a person vested by law with a duty to maintain public order and to make arrests for offenses;

6. (6)

   1. (A) “Notice” means that from all the facts and circumstances known to the person at the time, the person has reason to know that the facts and circumstances exist.

   2. (B) Notice may be communicated in person or through other means, including without limitation, by telephone, telegraph, teletype, telecopier, facsimile, or other form of wire or wireless communication, or by mail or private carrier; and

7. (7) “Record” means a photograph, video recording, or audio recording, including any audio or video footage captured on a body-worn camera or a dashboard camera.

(b)

1. (1) A record that depicts or records the death of a law enforcement officer is confidential and exempt from disclosure under the Freedom of Information Act of 1967, § 25-19-101 et seq.

2. (2)

   1. (A) However, a family member of the deceased law enforcement officer may access a record described in subdivision (b)(1) of this section.

   2. (B) A minor child of a deceased law enforcement officer who is at least fourteen (14) years of age may access a record described in subdivision (b)(1) of this section if the parent or guardian of the child:

      1. (i) Provides written consent to the custodian of the record to permit the child to access a record; and

      2. (ii) Is present to provide supervision over the child as he or she accesses a record.

(c)

1. (1) The custodian of a record shall not permit a person not authorized under this section to copy, disseminate, reproduce, transmit, or access a record described in subdivision (b)(1) of this section.

2. (2) The access to a record described in subdivision (b)(1) of this section or other handling of a record described in subdivision (b)(1) of this section shall be under the direct supervision of the custodian of the record.

3. (3) A person or persons designated as the custodian of a record who knowingly violates this section upon conviction is guilty of a Class D felony.

(d)

1. (1)

   1. (A) A person or entity may petition a circuit court in the county where a record described in subdivision (b)(1) of this section is physically located in order to obtain access to the record.

   2. (B) At a hearing held on a petition filed with the circuit court under subdivision (d)(1)(A) of this section seeking access to a record described in subdivision (b)(1) of this section, any review of a record described in subdivision (b)(1) of this section shall be conducted in camera.

2. (2) Upon a showing of good cause, a circuit court may issue an order authorizing a person or entity under subdivision (d)(1) of this section to access a record described in subdivision (b)(1) of this section and may prescribe restrictions or stipulations pertaining to the access of the record that the circuit court deems appropriate, including whether to allow for the copying or public disclosure of a record described in subdivision (b)(1) of this section.

3. (3) In determining good cause under subdivision (d)(2) of this section, the circuit court shall consider the following factors, along with other factors that the circuit court may deem relevant:

   1. (A) Whether access to the record described in subdivision (b)(1) of this section is necessary for the public evaluation of a law enforcement officer's conduct during the performance of his or her official duties;

   2. (B) Whether there is a compelling public interest in the disclosure of the record;

   3. (C) The seriousness of the intrusion into the privacy of the deceased law enforcement officer's family members; and

   4. (D) The availability of similar information in other forms.

4. (4)

   1. (A) A custodian of a record described in subdivision (b)(1) of this section shall be given notice of:

      1. (i) A petition filed with a circuit court to access a record described in subdivision (b)(1) of this section; and

      2. (ii) The opportunity to be present and heard at any hearing on the matter.

   2. (B) In addition to custodian notification under subdivision (d)(4)(A) of this section, the following people shall be provided notice described in subdivisions (d)(4)(A)(i) and (d)(4)(A)(ii) of this section:

      1. (i) The surviving spouse of the deceased law enforcement officer, if any;

      2. (ii) If the deceased law enforcement officer has no surviving spouse, the parents of the deceased law enforcement officer, if any; or

      3. (iii) If the deceased law enforcement officer has no surviving parents and no surviving spouse, the adult children of the deceased law enforcement officer.

(e) This section does not:

1. (1) Prohibit a judge, jury, attorney, court personnel, or other persons necessary to a criminal, civil, or administrative proceeding involving the death of a law enforcement officer from viewing a record described in subdivision (b)(1) of this section;

2. (2) Overturn, abrogate, or alter a court order that exists on March 20, 2017, that restricts, limits, or grants access to a record described in subdivision (b)(1) of this section;

3. (3)

   1. (A)

      1. (i) Prohibit a law enforcement agency involved in an official investigation of a death of a law enforcement officer, including without limitation, the law enforcement agency by whom the deceased law enforcement officer was employed at the time of his or her death, the Division of Arkansas State Police, and the Federal Bureau of Investigation, from obtaining a record described in subdivision (b)(1) of this section for the purpose of conducting an official investigation pertaining to the death of a law enforcement officer.

      2. (ii) However, a record used during an official investigation under subdivision (e)(3)(A)(i) of this section shall not be reproduced, transmitted, or disseminated for any purpose not authorized under this section.

   2. (B)

      1. (i) This section does not prohibit the law enforcement agency by whom the deceased law enforcement officer was employed from using a record described in subdivision (b)(1) of this section for law enforcement officer training or internal review.

      2. (ii) However, a record used for the purpose of law enforcement officer training or internal review under subdivision (e)(3)(B)(i) of this section shall not be reproduced, transmitted, or disseminated for any purpose not authorized under this section.

   3. (C)

      1. (i) This section does not prohibit the use of a record described in subdivision (b)(1) of this section for law enforcement officer training conducted by an entity authorized to conduct law enforcement training, including without limitation:

         1. (a) The Black River Technical College Law Enforcement Training Academy;

         2. (b) The Criminal Justice Institute;

         3. (c) The Arkansas Law Enforcement Training Academy; or

         4. (d) Other law enforcement officer training programs.

      2. (ii) However, a record used for law enforcement officer training purposes under subdivision (e)(3)(C)(i) of this section shall not be reproduced, transmitted, or disseminated for any purpose not authorized under this section; or

4. (4)

   1. (A) Prohibit a prosecuting attorney, deputy prosecuting attorney, defense counsel pursuant to a motion of discovery, their staff, or attorneys involved in civil litigation involving the death of a law enforcement officer from accessing or copying a record described in subdivision (b)(1) of this section.

   2. (B) A record accessed or copied under subdivision (e)(4)(A) of this section shall not be reproduced, transmitted, or disseminated for any purpose not authorized under this section.