§ 13-4-409. Items in the possession of a county sheriff’s office pursuant to a criminal investigation or court case — Felonies

(a) If an item is in the possession of a county sheriff’s office pursuant to a felony criminal investigation, it shall be retained until the applicable statute of limitation for the most serious possible crime to which it could be connected has lapsed.

(b)

1. (1) If an item is in the possession of a county sheriff’s office pursuant to a felony court case, it shall be retained for a period of two (2) years after the date of the final judgment if there is no appeal of the conviction.

2. (2)

   1. (A) If there is an appeal of the conviction to an appellate court, the item shall be retained for three (3) years after the final judgment is entered and after the conclusion of any post-conviction litigation.

   2. (B) Post-conviction litigation includes without limitation:

      1. (i) Proceedings under Rule 37 of the Arkansas Rules of Criminal Procedure;

      2. (ii) State habeas corpus proceedings under § 16-112-101 et seq.; and

      3. (iii) Federal habeas corpus proceedings under 28 U.S.C. § 2254.

(c)

1. (1) An item relating to the investigation of any of the following crimes shall be retained for ninety-nine (99) years:

   1. (A) Capital murder, § 5-10-101;

   2. (B) Murder in the first degree, § 5-10-102;

   3. (C) Murder in the second degree, § 5-10-103;

   4. (D) Rape, § 5-14-103;

   5. (E) Sexual assault in the first degree, § 5-14-124; and

   6. (F) Arson, § 5-38-301.

2. (2) A deoxyribonucleic acid (DNA) sample or test result shall be retained for fifty (50) years.

(d) After the time periods prescribed in this section have lapsed and an item may be disposed of or destroyed, a noncontraband item shall be returned to its owner.

(e) The county sheriff shall petition the circuit court for the disposal or destruction of contraband or an item for which an owner has not asserted a claim.