The proposed bill HB513 Engrossed amends the Code of Alabama 1975 to enhance the management of biometric identifiers and background checks, particularly by law enforcement agencies. It establishes the Alabama Background Check Service and the Alabama Rap Back Program, allowing the Alabama Law Enforcement Agency (ALEA) to conduct background checks for noncriminal justice purposes, such as employment and licensing. Key insertions include definitions for "background check," "criminal history record information," and "noncriminal justice purpose," which clarify the law's application. The bill also introduces a framework for collecting fees for background checks and establishes penalties for misuse of background check reports. Notably, it repeals Article 4 of Chapter 2 of Title 32, which previously governed criminal history information.
Additionally, the bill mandates that law enforcement agencies collect biometric data during arrests and submit it to ALEA for a state repository, with provisions for removing data if an individual is released without charge. It emphasizes the necessity of written consent from individuals for background checks, particularly requiring parental consent for those under 18. The bill outlines the responsibilities of authorized entities in requesting background checks and establishes guidelines for the Alabama Background Check Service, including both biometric and name-based searches. The Alabama Rap Back Program will notify entities when enrolled individuals are involved in criminal events, and the bill criminalizes the misuse of background check reports as a Class B misdemeanor. The changes are set to take effect on October 1, 2025.
Statutes affected: Introduced: 41-9-590, 41-9-594, 41-9-625, 41-9-650, 41-9-650, 41-9-650, 41-9-650, 41-9-650, 41-9-650, 41-9-590, 41-9-594, 41-9-625, 41-9-650
Engrossed: 41-9-590, 41-9-594, 41-9-625, 41-9-650, 41-9-650, 41-9-650, 41-9-650, 41-9-650, 41-9-650, 41-9-590, 41-9-594, 41-9-625, 41-9-650