HB449 Alabama 2025 Session

Summary

Primary Sponsor

Ben RobbinsRepresentative

Republican

Session

2025 Regular Session

Title

Crimes and offenses; crimes of unlawful use of DNA in the first, second, and third degree created, criminal penalties provided

Summary

HB449 creates three Alabama crimes for unlawful use of DNA or genetic data without express consent, with penalties and specific exceptions for law enforcement and certain organizations.

What This Bill Does

It prohibits intentional collection, use, retention, or disclosure of a person’s DNA or genetic data without express consent. It creates unlawful use of DNA in three degrees: first degree (selling or transferring another person’s DNA to a third party) is a Class C felony; second degree (submitting for testing, conducting testing, or disclosing data) is a Class D felony; third degree (collecting or retaining DNA for analysis or accessing a computer without authorization) is a Class A misdemeanor. Exceptions include law enforcement purposes, compliance with subpoenas or federal law, use by the Alabama DNA Databank, genetic testing companies complying with state law, and HIPAA-covered entities or higher education institutions; each violation is counted separately. The act takes effect October 1, 2025.

Who It Affects

• Individuals whose DNA or genetic data could be collected, tested, stored, or disclosed; they are protected from unauthorized use and could be criminally charged if someone misuses their DNA without express consent.
• Law enforcement agencies, genetic testing companies, and public or private higher education institutions, which are allowed to handle DNA data under specified exceptions and requirements.

Key Provisions

• Creates unlawful use of DNA in the first degree (Class C felony), second degree (Class D felony), and third degree (Class A misdemeanor) with specific prohibited actions.
• Defines express consent and requires a clear, prominent disclosure about collection, use, retention, or disclosure, with consent given by affirmative action and able to cover multiple uses.
• Lists exceptions: use by law enforcement or to comply with subpoenas, court orders, or federal law; Alabama DNA Databank; genetic testing companies complying with state law; HIPAA-covered entities; and higher education institutions.
• Treats each instance of collection, submission, analysis, or disclosure as a separate offense.
• Effective date: October 1, 2025.

AI-generated summary using openai/gpt-5-nano on Feb 22, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Crimes & Offenses