The bill SB63 amends Sections 31-13-3 and 36-18-32 of the Code of Alabama 1975 to clarify definitions related to immigration and establish new requirements for law enforcement agencies. It introduces the term "ILLEGAL ALIEN," defined as an alien not lawfully present in the United States, and modifies existing definitions for consistency with federal immigration law. The bill mandates that law enforcement collect fingerprints and DNA from any illegal alien in their custody and submit these samples for testing or cataloging. Additionally, it updates the management of the Alabama DNA Database Fund, placing it under the administration of the Director of the Alabama Department of Forensic Sciences, and establishes a special fund in the State Treasury to support these provisions.

Key amendments include replacing the term "shall" with "is" in the definitions section and increasing the fee assessed in criminal cases from twelve dollars to fifteen dollars, with a structured fee schedule that will reach fourteen dollars by 2026. The bill also emphasizes the importance of maintaining accurate records of expenditures from the fund and prohibits any financial interests or rewards for the director or staff related to fund investments. The provisions of this act are set to take effect on June 1, 2025, aiming to enhance the operational framework of the Alabama DNA Database Fund while ensuring compliance with legal standards and improving the collection of DNA samples from individuals in custody.

Statutes affected:
Introduced: 31-13-3, 36-18-32
Enrolled: 31-13-3, 36-18-32