The bill SB118 amends the Code of Alabama 1975 to enhance the collection and management of biometric identifiers, particularly by law enforcement agencies. It introduces new definitions for biometric data and establishes the Alabama Background Check Service and the Alabama Rap Back Program, which will facilitate ongoing notifications of criminal history. The Alabama State Law Enforcement Agency (ALEA) is granted the authority to conduct background checks for noncriminal justice purposes, set fees for these services, and create procedures for biometric data collection during arrests. The bill also repeals Article 4 of Chapter 2 of Title 32, which previously governed the dissemination of criminal history information, and updates the legal language to reflect current practices.

Additionally, SB118 outlines the eligibility of various entities, such as employers and educational institutions, to request background checks, emphasizing the need for express permission from individuals before their information can be released. It establishes guidelines for both biometric-based and name-based searches, introduces the Alabama Rap Back Program for ongoing criminal history notifications, and sets penalties for the misuse of background check reports, classifying such misuse as a Class B misdemeanor. The act is scheduled to take effect on October 1, 2026, and aims to streamline the processes involved in data collection and sharing while ensuring the security of criminal justice information.

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
Enrolled: 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