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Rap Back Program established, penalties provided for; existing law relating to release of criminal history information repealed
HB513 revises Alabama law governing criminal history information, biometric identifiers, and background checks administered through the Alabama Justice Information Commission (AJIC) and the Alabama Law Enforcement Agency (ALEA). The bill updates statutory definitions and procedures to require certain law enforcement and correctional agencies to collect and transmit biometric identifiers such as fingerprints, photographs, palm prints, iris scans, and other FBI-approved identifiers to ALEA. It also authorizes law enforcement officers to use approved biometric identification devices to identify individuals when state law otherwise permits them to seek identification.
The bill creates the Alabama Background Check Service within ALEA for noncriminal justice purposes. Under that service, ALEA may provide background checks for employers, licensing and permitting bodies, nonprofit and volunteer organizations, housing providers, educational entities, and other authorized users. The bill allows both name-based and biometric-based searches, requires written consent in most cases, limits redisclosure of reports, and permits ALEA to charge fees for records, national checks, and related services. It also establishes the Alabama Rap Back Program, which would notify participating entities when an enrolled person later has an arrest or conviction event, and it sets rules for enrollment, removal, and annual fees.
HB513 also makes several conforming and structural changes to existing law. It amends provisions in Title 41 governing AJIC and ALEA, adds new sections authorizing background-check operations and rap-back notifications, and repeals Article 4 of Chapter 2 of Title 32, which previously addressed criminal history information. The bill directs fee revenue into the Public Safety Fund and uses those funds to support ALEA’s criminal history and background-check operations. It also creates a new misdemeanor offense for misuse of a background check report, including unauthorized dissemination, conducting a check without required consent, or using rap-back information to harass or intimidate someone.
The overall sentiment reflected in the voting history was strongly favorable. The bill passed the House overwhelmingly, including a 97-0 vote on third reading as amended, with only minimal dissent or abstentions. No committee transcript was provided, but the broad support suggests the measure was viewed as a practical modernization of background-check and biometric information systems rather than a controversial policy shift.
The main points of contention likely concern privacy, data sharing, and the scope of authorized use of criminal history and biometric information. The bill expands the collection and dissemination of biometric data, permits background checks for a wide range of noncriminal justice purposes, and allows ALEA to contract with third-party vendors, all of which could raise concerns about access, retention, and misuse of sensitive personal information. At the same time, the bill includes consent requirements, limits on redisclosure, audit authority, and a privacy-and-security committee, indicating an effort to balance expanded access with safeguards.
HB513 would significantly expand and reorganize Alabama’s statutory framework for criminal history information, biometric identification, and noncriminal justice background checks. It amends existing sections of the Alabama Justice Information Commission laws, adds new sections authorizing ALEA to operate a statewide background-check service and rap-back program, and repeals older criminal-history provisions in Title 32. The bill also creates new fee authority, directs revenues to the Public Safety Fund, and establishes criminal penalties for misuse of background-check reports. Affected parties include employers, licensing boards, schools, housing providers, nonprofits, volunteers, law enforcement agencies, and individuals subject to background checks or rap-back enrollment.
The bill appears to have enjoyed broad bipartisan support in the House, with near-unanimous votes on final passage and on the amended third-reading motion. The available voting history suggests lawmakers generally viewed the bill as a useful administrative and public-safety update. No committee debate transcript was provided, but the recorded votes indicate little overt opposition.
The most likely areas of contention are privacy, consent, and the breadth of entities allowed to request background checks. Critics could question the expansion of biometric collection, the use of third-party vendors, the retention and dissemination of sensitive records, and the creation of a rap-back system that tracks later arrests or convictions. Supporters, by contrast, appear to favor the bill’s safeguards, including written consent, limits on redisclosure, audit authority, and penalties for misuse. The bill also touches on fees and cost recovery, which may be a concern for applicants, employers, and organizations required to participate.