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AlabamaSB1182026 Regular SessionSenateWALLET

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Rap Back Program established, penalties provided for; existing law relating to release of criminal history information repealed

Sponsored By: Lance Bell (Republican)

Enacted

Authorities, Boards, & Commissions

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Bill Overview

Analyzed Economic Effects

7 provisions identified: 2 benefits, 2 costs, 3 mixed.

Fugitive custody records removed after qualifying outcomes

Beginning October 1, 2026, agencies must report specified outcomes for people held as fugitives within 30 days. This covers release without charge, return to the jurisdiction of the underlying arrest, or clearance through criminal proceedings. Alabama's law enforcement agency must then remove that custody event's information from all its criminal-information systems. This rule removes the custody-event information, not every criminal record about the person.

Privacy protections for people facing background checks

Beginning October 1, 2026, Alabama's law enforcement agency generally needs express permission to release background-check information, unless another law allows release. Checks on people under 18 require parental consent. Requesters must keep permission for three years or the person's association with them, whichever lasts longer. Recipients may use records only for the stated purpose, cannot share them further, and face agency audits. Specified knowing misuse, checks without required consent, and willful harassment using Rap Back information are Class B misdemeanors; courts may order repayment for victims' financial losses after conviction.

Fees for organizations requesting background checks

Beginning October 1, 2026, Alabama's law enforcement agency may charge requesters up to $30 per background-check report and may waive it. Federal check costs, transaction charges, a reasonable one-time account fee, and vendor convenience fees may apply separately. Requests from the state's police standards commission or criminal-justice agencies are exempt when for criminal-justice purposes or employment suitability. The Alabama Justice Information Commission may also set fees for agency services covered by the law. Collected fees go to the Public Safety Fund to support covered operations, including agency expenses.

Annual monitoring fees paid by enrolling organizations

Beginning October 1, 2026, Alabama's law enforcement agency may charge up to $12 yearly per person enrolled in Rap Back. The enrolling organization owes the fee; the law does not bill the enrolled person directly. When several organizations enroll the same person, each owes the full maintenance and notification cost. Fees go to the Public Safety Fund for the agency's criminal-information division and other agency expenses.

New background checks for workers and renters

Beginning October 1, 2026, Alabama's law enforcement agency must run a centralized background-check service, replacing the prior release law. Authorized employers, landlords, licensing offices, schools, nonprofits, and other approved requesters can obtain checks for allowed purposes. Name searches return Alabama records only; fingerprint or other biometric searches can return broader records as allowed by law. Government license, permit, and certification applicants must provide their name, birth date, Social Security number, and sworn express permission. Civil agencies' covered information includes state or FBI data needed for their work, including hiring, but access is not unrestricted.

Ongoing record checks with privacy limits

Beginning October 1, 2026, the law authorizes Alabama's law enforcement agency to start Rap Back, an ongoing criminal-record notification program. Starting it requires joining the FBI service; a state-only service is also allowed for authorized entities ineligible for federal notices. Organizations with legal authority to require fingerprint checks can enroll people checked for qualifying purposes, such as caregiving, licensing, or volunteering. Before enrollment, organizations must explain fingerprint retention; later notices may be used only for continued eligibility and cannot be shared further. Program rules must cover record removal and destruction, and organizations must disenroll people within five business days of death or loss of eligibility.

Police collect and search more identifying data

Beginning October 1, 2026, arresting agencies must collect fingerprints, palm prints, a mugshot, and required personal details. Agencies may collect added identifiers, including iris scans, scar or tattoo images, and DNA, as authorized. They may collect identifying data from fugitives and must collect it from unidentified human remains, with recovery details. Officers may use devices meeting state or FBI standards to search identifying records when state law authorizes identifying the person. The Alabama Justice Information Commission must set rules for device use and returned information.

Sponsors & Cosponsors

Sponsor

  • Lance Bell

    Republican • Senate

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 443 • No: 5

Senate vote • 4/1/2026

Givhan Motion to Concur In and Adopt House Amendment to SB118

Yes: 32 • No: 0

House vote • 3/17/2026

Motion to Adopt - Adopted Roll Call 969

Yes: 97 • No: 2 • Other: 3

House vote • 3/17/2026

Motion to Read a Third Time and Pass as Amended - Adopted Roll Call 970

Yes: 100 • No: 1 • Other: 2

House vote • 3/17/2026

Third Reading in Second House

Yes: 99 • No: 0 • Other: 5

Senate vote • 2/3/2026

Motion to Read a Third Time and Pass as Amended - Adopted Roll Call 231

Yes: 33 • No: 0

Senate vote • 2/3/2026

Figures motion to Adopt - Adopted Roll Call 230

Yes: 33 • No: 0

Senate vote • 1/20/2026

Third Reading in House of Origin

Yes: 24 • No: 1

Senate vote • 1/20/2026

Bell motion to Adopt - Adopted Roll Call 56

Yes: 25 • No: 1

Actions Timeline

  1. Enacted

    4/8/2026Senate

  2. Givhan Motion to Concur In and Adopt House Amendment to SB118

    4/1/2026Senate

  3. Ready to Enroll

    4/1/2026Senate

  4. Enrolled

    4/1/2026Senate

  5. Delivered to Governor

    4/1/2026Senate

  6. Signature Requested

    4/1/2026House

  7. Third Reading in Second House

    3/17/2026House

  8. Judiciary 1st Substitute Offered

    3/17/2026House

  9. Motion to Adopt - Adopted Roll Call 969

    3/17/2026House

  10. Motion to Read a Third Time and Pass as Amended - Adopted Roll Call 970

    3/17/2026House

  11. Read for the Second Time and placed on the Calendar

    2/19/2026House

  12. Judiciary 1st Substitute

    2/18/2026House

  13. Reported Out of Committee Second House

    2/18/2026House

  14. Figures 1st Amendment Offered

    2/3/2026Senate

  15. Figures motion to Adopt - Adopted Roll Call 230

    2/3/2026Senate

  16. Motion to Read a Third Time and Pass as Amended - Adopted Roll Call 231

    2/3/2026Senate

  17. Engrossed

    2/3/2026Senate

  18. Read for the first time and referred to the House Committee on Judiciary

    2/3/2026House

  19. Pending Committee Action in Second House

    2/3/2026House

  20. Third Reading in House of Origin

    1/20/2026Senate

  21. Veterans, Military Affairs and Public Safety 1st Amendment Offered

    1/20/2026Senate

  22. Bell motion to Adopt - Adopted Roll Call 56

    1/20/2026Senate

  23. Carried Over

    1/20/2026Senate

  24. Veterans, Military Affairs and Public Safety 1st Amendment

    1/14/2026Senate

  25. Reported Out of Committee House of Origin

    1/14/2026Senate

Bill Text

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