SB158 Alabama 2021 Session

Summary

Primary Sponsor

Rodger SmithermanSenator

Democrat

Co-Sponsors

Linda Coleman-MadisonVivian Davis FiguresBobby D. Singleton

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.

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Subjects

Law Enforcement