Arkansas

Arkansas has achieved five of six pillars. To achieve full reform, the state must grant survivors the right to know the status of their kits.

Reform Status
Some Reform
Testing Status
In-Process
Untested Kits
Now 260*
Then 2217**
* According to sources in the state, there are currently approximately 260 untested kits in Arkansas.
** According to a report by the Arkansas State Crime Laboratory there were 2217 untested kits in Arkansas in 2016.

Pillar Count

5/6 Pillars
Arkansas has achieved five of six pillars. To achieve full reform, the state must grant survivors the right to know the status of their kits.
Statewide Inventory

Yes, the state has a recurring inventory.

  • Is the inventory recurring? Yes
  • Are law enforcement agencies and/or labs required to participate in the inventory? Yes
  • Does the law require to document the date of when each kit was collected? No
  • Does the law require a reason to be given as to why the kit was not submitted to a crime lab for testing? No
  • Does the law require untested kits to be counted? Yes
Test Backlogged Kits

In-Process, the state has committed to testing its backlogged kits.

Arkansas is eliminating its backlog through non-legislative means.

Test New Kits

Yes, all newly collected kits are being tested.

  • According to the law, how much time after a rape kit examination do hospitals have to notify law enforcement that a kit is ready to be picked up? Not specified
  • According to the law, after being notified, within what time frame is law enforcement required to pick up the kit? 3 Days
  • According to the law, after picking the kit up, within what time frame is law enforcement required to submit the kit to the lab? 15 Days
  • According to the law, after receiving the kit, within what time frame is the lab required to test the kit? 60 Days
  • Does the law allow crime labs to outsource kits for testing if they are unable to meet the deadline? Not specified
Implement Tracking System

Yes, tracking system in use.

  • Does the law state that the tracking system should track initial collection at hospital, inventory and storage by law enforcement, and testing and storage by state labs? Yes
  • Does the law state that the tracking system should track if kit a has been destroyed? No
  • Does the law allow all agencies who participate in the tracking system to update the status of a kit? Yes
  • Does the law state that the tracking system should have a victim portal? Yes
  • Does the law require law enforcement, labs, and hospitals to participate in the tracking system? Yes
  • Does the law state that all previously untested kits should be entered into the system? No
Victim's Right To Know

No, the state has not granted victims the right to notice and be informed on the status of their kit.

  • Do victims have the right to receive information of the location, testing date, and testing results of their kit? n/a
  • Do victims have the right to be informed when there is any change in the status of their case? n/a
  • Do victims have the right to receive notification before destruction of their kit? n/a
  • Are victims granted further preservation of the kit or its probative contents? n/a
  • Are victims provided with the contact information for the designated liaison(s) at the corresponding law enforcement agency at the time that a kit is collected? n/a
  • Do victims have the right to receive a physical document identifying their rights under law? n/a
Fund Reform

Yes, the state has allocated one-time funding.

See state reform timeline below.

Take Action Today to Bring Further Rape Kit Reform to Arkansas

State Reform Timeline

2024
Funding
$474,939 awarded in Arkansas

In 2024, the U.S. Department of Justice Bureau of Justice Assistance (BJA) awarded the Arkansas Department of Public Safety $474,939 to continue collecting lawfully owed DNA samples from convicted offenders and arrestees.

2023
Bill: Enacted
HB1829 enacted in Arkansas

In 2023, Arkansas enacted HB1829. This law states that anonymous kits should be taken into custody by police agencies within three days of notice from the corresponding medical facility. The law also states that anonymous kits are to be entered into the state’s rape kit tracking system. Finally the law says that anonymous kits should be counted separately the state’s annual rape kit inventory.

2022
Funding
$1,000,000 awarded in Arkansas

In 2022, the U.S. Department of Justice Bureau of Justice Assistance (BJA) awarded the Arkansas Department of Public Safety $1,000,000 to collect lawfully owed DNA samples from convicted offenders and arrestees.

Funding
State funding allocated to the Arkansas forensic lab to test kits

According to the 2022 Arkansas State Crime Laboratory Annual Report: “in order to reduce the sexual assault backlog, the legislature approved 5 new DNA Analysts positions as well as adding an additional $600,000.00 to the ASCL’s general revenue which was provided by the Governor’s Office.”

2021
Bill: Failed
HB1335 failed in Arkansas

In 2021, Arkansas legislators introduced HB1355, which would have granted survivors the right to receive an analysis of their kit within 90 days of collection by law enforcement, and to consult with a counselor. The bill also would have required the kits to be retained until the statute of limitations expired. This bill failed to pass.

2019
Bill: Enacted
HB1567 enacted in Arkansas

In 2019, Arkansas enacted HB1567. This law requires law enforcement to submit rape kits to a lab within 15 days of receipt from a healthcare provider, and for labs to test kits within 60 days of receipt from law enforcement. The law additionally requires that survivors are given access to the rape kit tracking system built by the Arkansas State Crime Laboratory in order to track their kits. Healthcare providers and law enforcement are required to enter information into the system. Law enforcement is not required to submit anonymous kits for testing if the victim does not request submission. If a survivor with an anonymous kit later decides to file a police report, their kit must be submitted to the lab within 15 days of filing a report.

2018
Other
Arkansas' rape kit tracking system goes live

In 2018, Arkansas’ rape kit tracking system went live.

2016
Inventory
2,217 untested kits found in Arkansas

In 2016, the lab’s first audit found 2,217 untested rape kits statewide.

2015
Bill: Enacted
HB1208 enacted in Arkansas

In 2015, Arkansas enacted HB1208, requiring the state crime lab to conduct an annual audit of untested rape kits across the state.

Funding
DA awarded $97,121 to test kits

In 2015, the Manhattan District Attorney’s Office awarded the Arkansas State Crime Laboratory $97,121 to test 1,513 rape kits.

We haven’t filed an Accountability FOIA in this state ⏤ yet.

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