HB411 Alabama 2021 Session

Sponsors

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

Relating to law enforcement; to require the Alabama Peace Officers' Standards and Training Commission to create a database of certain information relating to law enforcement officers; to provide that information in the database is confidential; to provide for criminal penalties for unauthorized disclosure; to require former law enforcement employers to disclose information to another law enforcement agency for purposes of employment of law enforcement officers; to provide immunity for certain disclosures; to require law enforcement agencies, prior to employment, to conduct and complete a pre-employment check of a law enforcement officer; to require the Alabama Peace Officers' Standards and Training Commission to collect and maintain any data relating to the pre-employment check; to provide penalties for violations; and in connection therewith would have as its purpose or effect the requirement of a new or increased expenditure of local funds within the meaning of 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.

Subjects

Law Enforcement