House Bill 100 Alabama 2026 Session

Summary

Primary Sponsor

Bryan BrinyarkRepresentative

Republican

Session

2026 Regular Session

Title

Alabama Justice Information Commission; collection, dissemination, and use of biometric identifiers by certain entities provided for; Alabama Background Check Service established, types, uses, and fees for certain background checks for noncriminal justice purposes authorized; Alabama Rap Back Program established, penalties provided for; existing law relating to release of criminal history information repealed

Summary

HB100 would establish a biometric data framework, create noncriminal background checks via a new Alabama Background Check Service and a Rap Back program, and repeal a prior limit on releasing criminal history information.

What This Bill Does

It requires certain agencies to collect biometric identifiers (like fingerprints and photos) and share them with ALEA for authorized purposes, including allowed use by law enforcement with approved devices. It creates the Alabama Background Check Service to provide noncriminal background checks for employment, licensing, housing, education, and other purposes, with ALEA authorized to set and collect related fees. It establishes the Alabama Rap Back Program to notify participating entities when enrolled individuals have new criminal history events, and it updates data handling and fee rules while repealing a previous law about releasing criminal history information. It also takes effect on October 1, 2026 and updates terminology to current standards.

Who It Affects

• Employers, licensing boards, housing authorities, educational institutions, nonprofits, and other entities that would request noncriminal background checks; they would receive check results and may be subject to fees and rules.
• Individuals who are the subject of background checks (such as job applicants, license applicants, volunteers, renters); their biometric data may be collected and stored, consent is required for dissemination, and they could be enrolled in or affected by Rap Back notifications.

Key Provisions

• Mandates collection and dissemination of biometric identifiers by designated agencies and authorizes the use of approved biometric identification devices by law enforcement for identification.
• Establishes the Alabama Background Check Service to provide noncriminal background checks for employment, licensing, and other purposes, with defined permissible uses and the Secretary of ALEA able to set and collect fees (and possibly contract with vendors).
• Creates the Alabama Rap Back Program to notify participating entities when enrolled individuals have criminal history events, with rules for data retention, removal, and annual enrollment fees; allows a state-based rap back option if applicable; includes liability considerations.
• Implements a fee structure for background checks (record checks up to $30; additional costs for national checks, financial transactions, and account setup; potential convenience fees for third-party services) with funds deposited to the Public Safety Fund to support ALEA CJIS operations.
• Repeals Article 4 of Title 32 (the existing law on disseminating criminal history information) and updates terminology and language to current standards.
• Effective date set at October 1, 2026.

AI-generated summary using openai/gpt-5-nano on Feb 11, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Authorities, Boards, & Commissions