# Arkansas

Arkansas has a State Crime Laboratory Board but no forensic science commission, no lab accreditation statute and no analyst license. A writ under Ark. Code 16-112-201 lets a convicted person seek relief on new scientific evidence. DNA is taken from every felony arrestee, and since August 1, 2023 jails may analyze booking samples by Rapid DNA with State Crime Laboratory authorization. Since January 29, 2026, data copied from electronic devices can be authenticated by certificate under Rule 902(13).

Source: https://uscli.org/forensic-science-tracker/arkansas

## At a glance

- **Oversight body:** The State Crime Laboratory Board (Ark. Code 12-12-302) oversees the State Crime Laboratory, which sits in the Department of Public Safety. The Board may add “any other laboratory divisions, sections, or functions” (12-12-305(b)(5), as amended by [Act 323 of 2013](https://arkleg.state.ar.us/Home/FTPDocument?path=%2FACTS%2F2013%2FPublic%2FACT323.pdf)). Since 2023 a Governor’s interim appointment to a Board vacancy is “subject to confirmation of the Senate” ([Act 794 of 2023](https://arkleg.state.ar.us/Home/FTPDocument?path=%2FACTS%2F2023R%2FPublic%2FACT794.pdf), § 14). No forensic science commission was found.
- **Lab accreditation:** No statute found. Searches of Arkansas act text from 2001 through 2025 for “American Society of Crime Laboratory Directors,” “ISO/IEC 17025” and crime laboratory accreditation found only hemp, cigarette fire-safety and appropriation items, and no Title 12 section amended from 2023 to 2026 adds a mandate ([act search](https://arkleg.state.ar.us/Acts/Search)). The codified Arkansas Code is hosted by LexisNexis and could not be searched, so this is a not-found, not a confirmed absence.
- **Analyst licensing:** None found. Whether breath-test operators must be certified under the implied-consent law could not be checked, because the codified Code could not be read.
- **Admissibility standard:** Daubert, adopted in Farm Bureau Mutual Insurance Co. v. Foote, 341 Ark. 105 (2000). Ark. R. Evid. 702 keeps the pre-2000 federal wording (“If scientific, technical, or other specialized knowledge will assist the trier of fact”), as quoted in [McCullon v. State, 2023 Ark. 190](https://opinions.arcourts.gov/ark/supremecourt/en/item/522370/index.do), which upheld historical cell-site location testimony. Arkansas has not adopted the 2023 change to Federal Rule 702: the Supreme Court’s 2023 to 2026 evidence-rule orders concern Rules 412 and 902 only.
- **Post-conviction forensic relief:** Yes. Ark. Code 16-112-201, titled “Writ of Habeas Corpus - New scientific evidence,” lets a convicted person petition to vacate the judgment on a claim, under penalty of perjury, that “Scientific evidence not available at trial establishes the petitioner’s actual innocence” or that “The scientific predicate for the claim could not have been previously discovered through the exercise of due diligence,” where the facts would establish by clear and convincing evidence that no reasonable fact-finder would find guilt ([Act 2250 of 2005](https://arkleg.state.ar.us/Home/FTPDocument?path=%2FACTS%2F2005%2FPublic%2FACT2250.pdf), § 2). Sections 16-112-202 to -208 set DNA testing procedures. No 2023 to 2026 act amended 16-112-201.
- **DNA database scope:** Arrestee-based. Every person arrested for a felony must give a sample (12-12-1006(a)(2)(A); this predates 2023). A person adjudicated guilty of a “qualifying offense” must give one, as must a person acquitted by reason of mental disease or defect and committed (12-12-1109(a)). A qualifying offense is “any felony offense,” a misdemeanor sexual offense or a repeat offense; since August 1, 2023 it excludes a misdemeanor violation of sexual indecency with a child (12-12-1103(9), as amended by [Act 619 of 2023](https://arkleg.state.ar.us/Home/FTPDocument?path=%2FACTS%2F2023R%2FPublic%2FACT619.pdf)). The State DNA Data Base also holds records of juveniles adjudicated delinquent who must give a sample under 9-35-435, formerly 9-27-357 (12-12-1105(b)(8), as restated in [Act 518 of 2025](https://arkleg.state.ar.us/Home/FTPDocument?path=%2FACTS%2F2025R%2FPublic%2FACT518.pdf), § 46). Samples analyzed by Rapid DNA at booking are not kept in the State DNA Data Bank (12-12-1006(g), Act 392 of 2023).
- **Facial recognition:** No statute found, and no 2023 to 2026 act matched “facial recognition.” 2025 SB 258 (Arkansas Digital Responsibility, Safety, and Trust Act) failed on Senate third reading on April 8 and April 10, 2025 and died at sine die on May 5, 2025 ([SB 258](https://arkleg.state.ar.us/Bills/Detail?id=SB258&ddBienniumSession=2025%2F2025R)).

## Changes, 2023 to 2026

- Jan 29, 2026 — **Rule 902 amended: business records and data copied from electronic devices can be authenticated by certificate** — In re Amendments to Rule 902 of the Arkansas Rules of Evidence, 2026 Ark. 10 (per curiam) · Adopted January 29, 2026, “effective immediately”; published for comment in 2025 Ark. 116 (June 5, 2025) — New Rule 902(11) covers certified domestic records of a regularly conducted activity that meet Rule 803(6), with advance written notice and a chance to inspect. New (12) covers certified foreign business records in civil cases. New (13), “Certified Data and Metadata Copied from an Electronic Device, Storage Medium, or File,” covers data “authenticated by a process of digital identification, as shown by a certification of a qualified person” that complies with (11) or (12), with the same notice requirement. Arkansas did not adopt a counterpart to Federal Rule 902(13) for records “generated by an electronic process or system.” The Court described the change as “in line with the federal rules.” — **For practitioners:** A phone or drive extraction verified by hash can now be authenticated by a certificate rather than live testimony, though other objections such as hearsay and confrontation still apply; watch for the written notice and challenge the certification before trial. Machine-generated output still needs a witness or other evidence to authenticate it. — [2026 Ark. 10](https://opinions.arcourts.gov/ark/supremecourt/en/item/524119/index.do)[2025 Ark. 116](https://opinions.arcourts.gov/ark/supremecourt/en/item/523725/index.do)
- Aug 5, 2025 — **No remote crime lab analyst testimony in capital rape trials** — Act 662 of 2025 (SB 375), § 47, Ark. Code 12-12-313(e) · Approved April 16, 2025; no emergency clause; effective August 5, 2025, the general effective date for the 2025 regular session — Under 12-12-313(e), the court may let the prosecutor present a State Crime Laboratory analyst’s testimony by two-way closed-circuit or satellite television, after notice and on a showing of good cause and constitutional safeguards. Trials for capital murder and first-degree murder were already excluded. Act 662, which created the offense of capital rape (5-14-114), adds capital rape trials to the exclusion. — **For practitioners:** In a capital rape trial, the court may not allow a State Crime Laboratory analyst to testify by video under 12-12-313(e); an analyst who testifies must appear in person. — [Act 662 of 2025](https://arkleg.state.ar.us/Home/FTPDocument?path=%2FACTS%2F2025R%2FPublic%2FACT662.pdf)[Marziale v. Brown, 2025 Ark. App. 468 (effective date)](https://opinions.arcourts.gov/ark/courtofappeals/en/item/523839/index.do)
- Aug 5, 2025 — **Crime lab confidential records may go to the Arkansas Drug Director** — Act 954 of 2025 (HB 1843), Ark. Code 12-12-312(a)(1)(A)(ii) · Approved April 21, 2025; no emergency clause; effective August 5, 2025 — Adds “(e) The Arkansas Drug Director” to the list of people to whom the State Crime Laboratory may release its confidential and privileged records. — **For practitioners:** A narrow change; it does not widen defense access to lab records. — [Act 954 of 2025](https://arkleg.state.ar.us/Home/FTPDocument?path=%2FACTS%2F2025R%2FPublic%2FACT954.pdf)
- Aug 1, 2023 — **Rapid DNA at booking, enforcement of arrestee DNA collection, and DNA in reduced plea deals** — Act 392 of 2023 (SB 401), Ark. Code 12-12-1001, 12-12-1006, 12-12-1109 · Approved March 30, 2023; no emergency clause; effective August 1, 2023, the general effective date for the 2023 regular session — Defines “Rapid DNA technology” as “the fully automated, hands-free process of developing a DNA profile from a reference sample mouth swab in one (1) to two (2) hours without the need for a DNA laboratory or human interpretation” (12-12-1001). New 12-12-1006(a)(2)(B): the detention facility must send a felony arrestee’s sample to the State Crime Laboratory or, if the Laboratory has authorized it, analyze the sample at arrest by Rapid DNA; if the Rapid DNA analysis fails, it must take a new sample and send it to the Laboratory. Samples analyzed by Rapid DNA need not be sent to the Laboratory and are not kept in the State DNA Data Bank (12-12-1006(g)). New 12-12-1006(m): no notice is needed that a sample is due, a person who has not given one must do so when notified, an inadequate sample must be replaced, and the Laboratory “or any other aggrieved entity” may sue to compel compliance. New 12-12-1109(a)(2): a negotiated plea may require a DNA sample when a qualifying offense was reduced to a non-qualifying one. Collection from all felony arrestees predates this act. — **For practitioners:** A booking profile may come from a jail’s Rapid DNA instrument rather than the State Crime Laboratory; ask whether the facility held Laboratory authorization. In plea talks, a reduced charge can still carry a DNA condition. — [Act 392 of 2023](https://arkleg.state.ar.us/Home/FTPDocument?path=%2FACTS%2F2023R%2FPublic%2FACT392.pdf)[Arkansas Supreme Court on the August 1, 2023 default date](https://opinions.arcourts.gov/ark/supremecourt/en/item/522165/index.do)
- Aug 1, 2023 — **Arrestee DNA sample not kept after Rapid DNA identification** — Act 785 of 2023 (SB 526), Ark. Code 12-12-1006(a) · Approved April 12, 2023; no emergency clause; effective August 1, 2023 — If the receiving detention facility uses Rapid DNA to analyze a felony arrestee’s sample, “the taken DNA sample ... shall not be retained or stored after completion of the Rapid DNA identification process.” Act 785 adds this as 12-12-1006(a)(2)(B). Act 392, approved two weeks earlier, added a different (a)(2)(B) on submission and Rapid DNA analysis, and Act 785’s restated subsection (a) does not include it. The two texts do not conflict in substance. How the Code Revision Commission numbered them is unresolved: no technical correction was enacted through 2026, and the Commission’s notes appear only in the Lexis-hosted Code, which could not be read. — **For practitioners:** When a jail used Rapid DNA, the physical swab should not still exist; cite both acts by number until the codified numbering is confirmed. — [Act 785 of 2023](https://arkleg.state.ar.us/Home/FTPDocument?path=%2FACTS%2F2023R%2FPublic%2FACT785.pdf)
- Aug 1, 2023 — **Misdemeanor sexual indecency with a child excluded from DNA qualifying offenses** — Act 619 of 2023 (SB 270), § 15, Ark. Code 12-12-1103(9) · Approved April 11, 2023; no emergency clause; effective August 1, 2023 — Act 619 added a Class C misdemeanor form of sexual indecency with a child (5-14-110(a)(6), (b)(2)): an adult who, for sexual gratification, enters or stays in a public changing facility assigned to the opposite sex knowing a minor of the opposite sex is present. Section 15 amends the definition of “qualifying offense” for the convicted-offender DNA database, which covers “any felony offense,” a misdemeanor sexual offense or a repeat offense, so that it “does not include a misdemeanor violation of sexual indecency with a child, § 5-14-110.” — **For practitioners:** A conviction for the new misdemeanor does not, by itself, require a DNA sample. — [Act 619 of 2023](https://arkleg.state.ar.us/Home/FTPDocument?path=%2FACTS%2F2023R%2FPublic%2FACT619.pdf)
- Aug 1, 2023 — **Sexual assault kits: anonymous kits submitted, tracking numbers, contracting, and an annual statewide audit** — Act 558 of 2023 (HB 1829), Ark. Code 12-12-406, 12-12-407 · Approved April 11, 2023; no emergency clause; effective August 1, 2023 — The three-business-day pickup rule and the 15-day lab submission rule in 12-12-406 now cover anonymous kits, and kits must be submitted “using the sexual assault collection kit tracking number.” Struck: the provision that an agency “is not required to submit an anonymous kit” unless the victim asks. When a victim in the tracking system reports to the agency with jurisdiction, the agency must ask the Laboratory, within 15 days of the report, to locate and release the kit results. New 12-12-406(g) lets agencies contract with others to meet the 15-day deadline. New 12-12-407: each law enforcement agency and each healthcare provider doing medical-legal exams must audit untested and unsubmitted kits before December 31 each year, on State Crime Laboratory forms, and by each February 1 the Laboratory must report the aggregate data and “a plan to address any backlog” to legislative leaders, the Public Health committees and the Attorney General. The audit information is confidential. — **For practitioners:** Anonymous kits must now be submitted for testing; the yearly audit data is confidential, so request kit status through the case. — [Act 558 of 2023](https://arkleg.state.ar.us/Home/FTPDocument?path=%2FACTS%2F2023R%2FPublic%2FACT558.pdf)
- Jul 1, 2023 — **Rapid DNA appropriation for the State Crime Laboratory, fiscal 2024 (lapsed)** — Act 466 of 2023 (SB 334) · Approved April 4, 2023; effective July 1, 2023 (emergency clause); lapsed June 30, 2024 — Appropriated to the State Crime Laboratory $1,386,572 for “Rapid DNA Expenses” and $369,460 in cash funds for a “Rapid ID Jump Start Package” for the fiscal year ending June 30, 2024. The act gave spending authority only; it does not show that the money was spent. — **For practitioners:** The appropriation has lapsed; it is background for the Rapid DNA program, not a source of rules. — [Act 466 of 2023](https://arkleg.state.ar.us/Home/FTPDocument?path=%2FACTS%2F2023R%2FPublic%2FACT466.pdf)
- Apr 12, 2023 — **Interim appointments to the State Crime Laboratory Board now subject to Senate confirmation** — Act 794 of 2023 (SB 413), § 14, Ark. Code 12-12-302(a)(2)(B) · Became law April 12, 2023 without the Governor’s signature; effective April 12, 2023 (emergency clause, § 28) — Before, the Governor could fill a Board vacancy temporarily “until the Senate shall next meet.” Now the temporary appointment is “subject to confirmation of the Senate.” The act revised appointment and confirmation rules for many boards and commissions. The Board’s powers are unchanged. — **For practitioners:** A procedural change to how the Board is seated; no effect on lab work. — [Act 794 of 2023](https://arkleg.state.ar.us/Home/FTPDocument?path=%2FACTS%2F2023R%2FPublic%2FACT794.pdf)

## Pending bills

No bill on these topics is pending. The 2026 Fiscal Session passed only appropriations on these topics, the 2026 First Extraordinary Session passed two income-tax acts, and the 2023 and 2024 extraordinary sessions passed no forensic acts. The next regular session is in 2027. Measures that did not become law:

- HB 1577 (2023) addressed the limitations period for sexual offenses and their investigation, including a kit audit. Its author withdrew it, and House Judiciary recommended it for interim study on April 4, 2023.
- HB 1085 (2023), a State Crime Laboratory development and enhancement appropriation, died in House committee at sine die on May 1, 2023.
- SB 258 (2025), the Digital Responsibility, Safety, and Trust Act, failed on Senate third reading on April 8 and 10, 2025 and died at sine die on May 5, 2025 ([SB 258](https://arkleg.state.ar.us/Bills/Detail?id=SB258&ddBienniumSession=2025%2F2025R)).

## Checked and unchanged

- Ark. R. Evid. 702: no amending order found. The 2025 and 2026 evidence-rule orders concern Rules 412 and 902 only.
- Ark. Code 16-112-201 (new scientific evidence writ): no 2023 to 2026 act amended it. Ark. Code 16-112-208(c)(2)(C) and (D) (post-conviction DNA testing) were conformed by Act 659 of 2023, §§ 235 and 236, to rename agencies only.
- Ark. Code 12-12-1006(a)(2)(A) (DNA from all felony arrestees) predates the 2023 acts. Act 659 of 2023 touched the DNA provisions only in conforming ways and added no collection category.
- Not resolved: how the Code numbers the two 12-12-1006(a)(2)(B) paragraphs from Acts 392 and 785 of 2023. Not found: any statute on investigative genetic genealogy, or State Crime Laboratory rules on authorizing Rapid DNA. The codified Arkansas Code is hosted by LexisNexis and could not be read; code text here comes from the acts that amended it.
- Outside this tracker’s scope: 2023 Act 553 and 2025 Act 289 (postmortem examinations), 2023 Acts 33 and 340 (coroners), and 2025 Act 772 (genetic sequencers).