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HB411 Alabama 2021 Session

Updated Jul 1, 2021
HB411 Alabama 2021 Session
House Bill
Enacted
Current Status
Regular Session 2021
Session
2
Sponsors

Summary

Co-Sponsor
Neil Rafferty
Session
Regular Session 2021
Title
Law enforcement, procedures to create a database to maintain law enforcement information providing civil protections, providing for background checks and pre-employment checks
Description

This bill would create a Law Enforcement Officer Employment Database for implementation and maintenance by the Alabama Peace Officers' Standards and Training Commission.

This bill would require law enforcement agencies to report certain complaints, disciplinary actions, and background information of law enforcement officers to the Alabama Peace Officers' Standards and Training Commission.

This bill would provide civil penalties for law enforcement agencies that fail to report certain activities of law enforcement officers.

This bill would provide that information in the database is confidential and would provide criminal penalties for unauthorized access to the database.

This bill would also require former employers of law enforcement officers to give full disclosure of an officer's employment history in the event that another law enforcement agency in this state requests the information and would provide immunity for disclosures made in good faith.

This bill would require that prior to employment, law enforcement agencies must complete and submit a full background check on law enforcement officers to the Alabama Peace Officers' Standards and Training Commission.

This bill would require the Alabama Peace Officers' Standards and Training Commission to collect and maintain data related to the pre-employment check.

This bill would outline the requirements for a pre-employment check and who is authorized to obtain the information.

This bill would provide criminal penalties for the release or disclosure of any information received from the pre-employment check to any individual not authorized to receive it.

This bill would also create civil immunity for any responsible agency that discloses information for the purposes for which it is authorized.

Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, prohibits a general law whose purpose or effect would be to require a new or increased expenditure of local funds from becoming effective with regard to a local governmental entity without enactment by a 2/3 vote unless: it comes within one of a number of specified exceptions; it is approved by the affected entity; or the Legislature appropriates funds, or provides a local source of revenue, to the entity for the purpose.

The purpose or effect of this bill would be to require a new or increased expenditure of local funds within the meaning of the amendment. However, the bill does not require approval of a local governmental entity or enactment by a 2/3 vote to become effective because it comes within one of the specified exceptions contained in the amendment.

Subjects
Law EnforcementLaw Enforcement Officers

Bill Actions

H

Forwarded to Governor on April 15, 2021 at 1:25 p.m. on April 15, 2021.

H

Assigned Act No. 2021-268.

H

Clerk of the House Certification

H

Enrolled

S

Signature Requested

S

Concurred in Second House Amendment

H

McCampbell motion to Concur In and Adopt adopted Roll Call 848

H

Concurrence Requested

S

Motion to Read a Third Time and Pass adopted Roll Call 944

S

Smitherman motion to Adopt adopted Roll Call 943

S

Smitherman Amendment Offered

S

Third Reading Passed

S

Read for the second time and placed on the calendar

S

Read for the first time and referred to the Senate committee on Governmental Affairs

H

Engrossed

H

Motion to Again Read a Third Time and Pass adopted Roll Call 505

H

McCampbell motion to reconsider bill adopted Roll Call 504

H

Third Reading Passed

H

Engrossed

H

Cosponsors Added

H

Motion to Read a Third Time and Pass adopted Roll Call 502

H

Motion to Adopt adopted Roll Call 501

H

McCampbell Amendment Offered

H

Motion to Adopt adopted Roll Call 500

H

Public Safety and Homeland Security first Substitute Offered

H

Third Reading Passed

H

Read for the second time and placed on the calendar with 1 substitute and

H

Read for the first time and referred to the House of Representatives committee on Public Safety and Homeland Security

Bill Text

Related News

Votes

HBIR: McCampbell motion to Adopt Roll Call 499

March 18, 2021 House Passed
Yes 89
No 3
Absent 11

Motion to Adopt Roll Call 501

March 18, 2021 House Passed
Yes 96
No 3
Absent 4

Motion to Read a Third Time and Pass Roll Call 502

March 18, 2021 House Passed
Yes 95
No 4
Absent 4

McCampbell motion to Adopt Roll Call 504

March 30, 2021 House Passed
Yes 83
No 8
Abstained 2
Absent 10

Motion to Read a Third Time and Pass Roll Call 505

March 30, 2021 House Passed
Yes 85
No 9
Absent 9

SBIR: Smitherman motion to Adopt Roll Call 942

April 13, 2021 Senate Passed
Yes 26
Absent 8

Smitherman motion to Adopt Roll Call 943

April 13, 2021 Senate Passed
Yes 26
Absent 8

Motion to Read a Third Time and Pass Roll Call 944

April 13, 2021 Senate Passed
Yes 26
Absent 8

McCampbell motion to Concur In and Adopt Roll Call 848

April 15, 2021 House Passed
Yes 82
Abstained 10
Absent 11

Documents

Source: Alabama Legislature