Ark. Code Ann. § 12-9-106 (2026)
Selection and training requirements — Exceptions
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- The Arkansas Commission on Law Enforcement Standards and Training shall provide by rule that a person shall not be appointed as a law enforcement officer, except on a temporary basis not to exceed nine (9) months, unless the person has satisfactorily completed a program of police training at a school approved by the commission.
- If the executive body of the commission determines that extraordinary circumstances exist, the commission may approve an extension of temporary employment.
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- In addition to the requirements of subsection (a) of this section and § 12-9-104(7), the commission, by rules, shall fix such other qualifications as it deems necessary.
- However, no person who pleads or is found guilty of a felony shall be eligible to be appointed or certified as a law enforcement officer.
- The commission shall issue a certificate evidencing satisfaction of the requirements of subsections (a) and (b) of this section to any applicant who presents such evidence as may be required by its rules of satisfactory completion of a program or course of instruction in this or another state conforming to the content and quality required by the commission for approved education and training.
- Nothing in this section shall be construed to preclude any employing agency from establishing qualifications and standards for hiring, training, compensating, or promoting law enforcement officers that exceed those set by the commission.
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- Law enforcement officers already serving under full-time permanent appointment on December 31, 1977, shall not be required to meet the requirements of subsections (a) and (b) of this section as a condition of tenure or continued employment, nor shall failure of any such law enforcement officer to fulfill the requirements make him or her ineligible.
- Law enforcement officers employed prior to January 1, 1976, may continue their employment and participate in training programs on a voluntary or assigned basis, but failure to meet standards shall not be grounds for their dismissal or termination of employment. Subsequent termination of employment, whether voluntary or involuntary, shall not result in revocation of this exclusion status but such officers shall have the same powers, privileges, and rights and shall be subject to the same rules and restrictions as are applicable to officers whose certification is based on formal training.
- Personnel of law enforcement agencies whose status as to coverage under this subchapter is questionable on December 31, 1977, but who are subsequently determined to be subject thereto, shall have an effective date of compliance enforcement as set by the commission, and personnel employed prior to that date shall be excluded from mandatory compliance therewith.
History. Acts 1975, No. 452, § 8; 1979, No. 642, § 1; 1983, No. 905, § 1; A.S.A. 1947, § 42-1007; Acts 1999, No. 1472, § 1; 2009, No. 793, § 2; 2013, No. 1061, § 1; 2017, No. 497, § 5; 2019, No. 315, §§ 851, 852.
Amendments. The 2009 amendment, in (a)(1), substituted “rule” for “regulation” and inserted “or probationary”; subdivided (a)(2); inserted “or background investigation” in (a)(2)(A); and in (a)(2)(B), inserted “If the executive body of the commission determines under subdivision (a)(2)(A) of this section that extraordinary circumstances exist” and substituted “temporary or probationary employment” for “probation”; and made related and minor stylistic changes.
The 2013 amendment deleted “or probationary” following “temporary” throughout (a).
The 2017 amendment, in (a)(1), substituted “nine (9) months” for “one (1) year” and deleted “preparatory” preceding “program”; deleted former (a)(2)(A) and redesignated former (a)(2)(B) as (a)(2); in (a)(2), deleted “under subdivision (a)(2)(A) of this section” following “determines” and “for no more than an eight-month period” at the end.
The 2019 amendment substituted “rule” for “rules and regulations” in (b)(1); and deleted “and regulations” following “rules” in (c).
Cross References. County sheriff as law enforcement officer, § 12-9-112.
Case Notes
Constitutionality.
While § 12-9-108 does not itemize the standards required, the standards are not unconstitutionally vague because they are either set out under this section in particular or as part of the commission rules. McEntire v. State, 305 Ark. 470, 808 S.W.2d 762 (1991).
Bond.
There is no requirement under this section that officers be bonded in order to lawfully execute their duties. Dilday v. State, 300 Ark. 249, 778 S.W.2d 618 (1989).
Grandfather Clause.
Where a supervising officer testified he had been employed continuously as a full-time police officer for the past fourteen years at various police departments, and on cross-examination stated there had been one interval of three weeks between the time he worked for two cities, but was not asked whether he was on some type of leave during this period, it could not be said that his testimony that he had been continuously employed as a policeman was in error. King v. State, 304 Ark. 592, 804 S.W.2d 360 (1991).
Supreme Court did not need to determine whether the trial court was clearly erroneous in finding of fact that the personnel file belonging to the arresting auxiliary officer's supervising officer contained a diploma and physical report as required under minimum standards set by the Commission on Law Enforcement Standards and Training, because, even if it did not, the supervising officer was grandfathered in by subdivision (e)(1). King v. State, 304 Ark. 592, 804 S.W.2d 360 (1991).
Cited: Smith v. State, 278 Ark. 462, 648 S.W.2d 792 (1983); Karr v. Townsend, 606 F. Supp. 1121 (W.D. Ark. 1985); Lamb v. State, 21 Ark. App. 111, 730 S.W.2d 252 (1987); Pipes v. State, 22 Ark. App. 235, 738 S.W.2d 423 (1987); Dilday v. State, 300 Ark. 249, 778 S.W.2d 618 (1989); Kittler v. State, 304 Ark. 344, 802 S.W.2d 925 (1991); City of Pocahontas v. Huddleston, 309 Ark. 353, 831 S.W.2d 138 (1992).