Collection of Biometric Identifiers and Information Required to Establish a Criminal History Record; Removal of Information; Use of Biometric Identification Devices

(a) When an individual is arrested for an offense, the arresting agency shall obtain fingerprints, palm prints, a mugshot, and descriptive information required to establish a criminal history record. The arresting agency may obtain other biometric identifiers, including iris scans; photographs of scars, marks, or tattoos; and DNA. Any data submitted to ALEA CJIS as required or authorized by this section shall be provided to ALEA according to the commission-approved procedures established by ALEA CJIS for inclusion in the state biometric identification repository. (b) When an individual is detained or taken into custody as a fugitive from justice, the agency with custody over the individual may obtain descriptive information required to establish a criminal history record and biometric identifiers, which may include fingerprints; photographs; palm prints; iris scans; photographs of scars, marks, or tattoos; DNA; or other identifiers specified by AJIC rule. Any data submitted to ALEA CJIS as required or authorized by this subsection shall be provided to ALEA according to the commission-approved procedures established by ALEA CJIS for inclusion in the state biometric identification repository. If the individual is subsequently released without charge, released to the jurisdiction of the underlying arrest, or otherwise cleared of the charged offense through criminal justice proceedings, the involved agency shall notify ALEA CJIS of the disposition within 30 days. Upon receiving notification, ALEA shall remove all information regarding the detainment or custodial event from all ALEA CJIS information systems. (c) All agencies that recover an unidentified human corpse shall obtain biometric identifiers and provide this information and other recovery event-related information to ALEA according to the rules established by the commission and procedures established by ALEA CJIS for inclusion in the state biometric identification repository. (d) Any AJIC rule specifying additional biometric identifiers obtained under subsections (a), (b), or (c), shall be subject to the Alabama Administrative Procedure Act, Chapter 22 of Title 41. (e) A law enforcement officer may use a biometric identification device with access to the state and federal biometric identification repositories to identify an individual to the extent allowed by state law in situations that provide the officer authority to request or otherwise take action to identify an individual. The device must meet FBI or AJIC standards to compare the captured identifier to the state or federal biometric identification repositories. The commission shall establish rules for the use of these devices and the resulting information returned from the use. (Acts 1975, No. 872, §19; Act 2019-495, §1; Act 2026-374, §1.)