HB135 Alabama 2014 Session

Summary

Primary Sponsor

Chris EnglandRepresentative

Democrat

Session

Regular Session 2014

Title

Websites containing personal information of persons convicted of crimes, required to remove information at no charge upon request, civil penalties, presumption of defamation

Summary

HB135 would require online publishers to remove arrest photos and related personal information of people who were arrested but later acquitted or had charges dropped, at no charge and within a specific timeframe after a request.

What This Bill Does

If a person who was arrested is acquitted or has charges dropped, they can request removal of their arrest photo and personal information from publicly available websites. The website operator must remove the photo and information within 30 days of a written request and at no fee. If the operator fails to remove, the action is considered a deceptive trade practice and the person can seek remedies and civil penalties under Alabama's Deceptive Trade Practices Act. The bill also defines who must follow these rules and clarifies that publishing such photos for commerce makes the publisher subject to Alabama law.

Who It Affects

• Subject individuals: people who were arrested and had their photo taken and who are acquitted or whose charges are dropped or resolved without conviction; they can request removal of their arrest photo and personal information and pursue remedies if not complied with.
• Website publishers/operators: those who publish arrest photos and personal information for commercial purposes; they must remove upon request within 30 days at no charge and could face penalties if they do not, with state law applying to their actions.

Key Provisions

• Defines 'photograph' as a photo of a person taken in Alabama by an arresting law enforcement agency and 'subject individual' as someone arrested who is acquitted or whose charges are dropped or resolved without conviction.
• Publishers who post a subject individual's arrest photo for commerce on a public website are deemed to be transacting business in Alabama.
• Upon a written request (with name, date of birth, date of arrest, and arresting agency), publishers must remove the subject individual's arrest photo and personal information within 30 days at no charge.
• Failure to remove is a deceptive trade practice; the aggrieved individual may pursue remedies and civil penalties under the Deceptive Trade Practices Act.
• Effective date: the act becomes law on the first day of the third month after passage.

AI-generated summary using openai/gpt-5-nano on Feb 24, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Crimes and Offenses