Opinion No.

The Honorable David Johnson State Representative 1704 North Harrison Street Little Rock, AR 72207-5324

Dear Representative Johnson:

I am writing in response to your request for my opinion on the following question:

Must a defendant charged with a qualifying offense as defined by A.C.A. 12-12-1103, but sentenced under the provisions of Act 346 of 1975, as codified at A.C.A. 16-93-301 et seq., provide a DNA sample as required by A.C.A. 12-12-1109?

RESPONSE

In my opinion, the answer to your question is, in all likelihood, "yes," although the law would benefit by judicial or legislative clarification.…