AI Frontier Institute

Alabama Justice Information Commission; collection, dissemination, and use of biometric identifiers by certain entities provided for; Alabama Background Check Service established, types, uses, and fees for certain background checks for noncriminal justice purposes authorized; Alabama Rap Back Program established, penalties provided for; existing law relating to release of criminal history information repealed

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SB118 is an Alabama law, enacted April 8, 2026, effective October 1, 2026 (Section 4). It amends Sections 41-9-590, 41-9-594, 41-9-625, and 41-9-650 of the Code of Alabama 1975 for the Alabama Justice Information Commission (AJIC). It adds definitions for biometric identifiers and data, rap back, and noncriminal justice purpose. Under amended Section 41-9-625, arresting agencies must collect fingerprints, palm prints, a mugshot, and descriptive information, and may collect other biometrics such as iris scans, scar/mark/tattoo photos, and DNA. They must submit this data to ALEA CJIS for the state biometric repository. Agencies that recover unidentified human corpses must also collect biometric identifiers. If a detained person is released without charge or cleared, the agency must notify ALEA CJIS within 30 days, and ALEA must then remove the related information from all ALEA CJIS systems. Section 41-9-625(e) allows law enforcement officers to use biometric identification devices that access state and federal repositories to identify individuals, where state law already gives the officer authority to request or take action to identify them. The devices must meet FBI or AJIC standards, and the commission will set rules for their use. Section 41-9-650 creates the Alabama Background Check Service, run by ALEA, for noncriminal justice background checks. ALEA may contract with vendors to run it. Section 41-9-650.1 lets ALEA provide checks to employers, licensing bodies, nonprofits and volunteer groups, housing authorities and landlords, educational entities, and others. It requires the subject's express permission, which the requester must keep for three years or the length of the association, whichever is longer. It requires parental consent for anyone under 18 and bars redissemination of results. Section 41-9-650.2 allows name-based searches (state results only) and biometric-based searches (state and, as allowed by law, federal results). Section 41-9-650.3 lets the ALEA Secretary set record fees up to $30, with possible FBI, transaction, and registration costs. Fees go to the Public Safety Fund. Section 41-9-650.4 lets ALEA set up the Alabama Rap Back Program, which uses the FBI's NGI Rap Back Service to notify participating entities when an enrolled person is arrested or convicted. The program has an annual fee of up to $12 per enrollee, requires notice to applicants that their fingerprints will be retained, and requires disenrollment within five business days of a death or other qualifying event. ALEA may also set up an in-state rap back service. Section 41-9-650.5 makes misuse of a background check report a Class B misdemeanor and allows restitution. Section 3 repeals Article 4 of Chapter 2 of Title 32.

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