HB746 Alabama 2010 Session

Summary

Primary Sponsor

Chris EnglandRepresentative

Democrat

Session

Regular Session 2010

Title

Alabama Criminal Justice Information Center Commission and the Alabama Criminal Justice Information Center, members, operation, powers, duties, fees, crime of misuse of ACJIC information established, Alabama Statistical Analysis Center established, background checks by licensing agencies, ratification of compact, penalties, Secs. 41-9-590, 41-9-591, 41-9-592, 41-9-594, 41-9-595, 41-9-596, 41-9-597, 41-9-600, 41-9-601, 41-9-621, 41-9-622, 41-9-623, 41-9-630 am'd.

Summary

HB746 expands the Alabama Criminal Justice Information Center's powers, creates a misuse crime, establishes a state Statistical Analysis Center, allows background checks and interstate data sharing, and ratifies the National Crime Prevention and Privacy Compact.

What This Bill Does

It authorizes the ACJIC Commission to charge fees for noncriminal background checks and sets a $25 fee per search, with funds distributed to specified state funds. It creates a new crime, misuse of ACJIC information, with penalties including fines and potential imprisonment for willful misuse. It establishes the Alabama Statistical Analysis Center within ACJIC to collect and share crime statistics (with no identifying information) and to support research and development. It permits licensing agencies to require ACJIC background checks, enables interstate exchange of criminal history information, and ratifies the National Crime Prevention and Privacy Compact for nationwide data sharing; it also enacts privacy, security, and governance provisions to regulate access and use of information.

Who It Affects

• Licensing agencies (state, local, and special) that may require ACJIC background checks and access ACJIC data for licensing purposes; they may be subject to fees and new procedures.
• Colleges and universities with HR departments (except University of Alabama in Tuscaloosa) that may request criminal background checks on job applicants and charge a $25 fee per search.
• ACJIC Commission, Center staff, and designated law enforcement officers who gain new duties, governance structures, and potential penalties for violations.
• Individuals who undergo background checks or want to view their own records, who could be subject to data collection and who have access mechanisms to view or correct records.
• Public safety and criminal justice agencies that will receive aggregated statistics and data from ACJIC, subject to privacy protections.

Key Provisions

• Authorizes the ACJIC Commission to charge fees for noncriminal background checks (up to $25 per search) and requires proceeds to be deposited to State Treasury and allocated to three specific funds for automation, fingerprint ID, and court automation.
• Creates the crime of misuse of ACJIC information, with penalties including fines ($5,000–$10,000), imprisonment (up to five years), and classifying misuse as a Class B felony; each record misuse is a separate offense.
• Establishes the Alabama Statistical Analysis Center within ACJIC to compile crime statistics (publicly available without identifying individuals) and to provide data to Governor, Legislature, judiciary, and other agencies; enables grants for research and development.
• Authorizes licensing agencies to conduct ACJIC background checks and authorizes sharing of information for noncriminal justice purposes under the National Crime Prevention and Privacy Compact (NCPC), ratified by the Legislature; the director acts as the compact officer.
• Allows interstate exchange of criminal history information to support licensing, background checks, and other noncriminal justice uses; ACJIC designated as the NCPC repository and CJIS-related entities designated for interoperability.
• Requires all relevant agencies to report fingerprints, photos, and identifying data for inclusion in the ACJIC files for arrests, convictions, delinquencies, and other offenses, with oversight and privacy safeguards.
• Sets governance rules, privacy and security safeguards, and creates a Privacy and Security Committee to study data sharing and formulate policy recommendations.
• Excludes the bill from further Amendment 621 local-funds requirements due to its classification as creating a new crime or amending an existing crime, though it acknowledges potential local expenditure implications.

AI-generated summary using openai/gpt-5-nano on Feb 25, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Criminal Justice Information Center