Senate Bill 118 Alabama 2026 Session

Summary

Primary Sponsor

Lance BellSenator

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Rap Back Program established, penalties provided for; existing law relating to release of criminal history information repealed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

SB118 would establish a statewide Alabama Background Check Service and Rap Back program, expand biometric data collection by certain agencies, authorize noncriminal background checks with fees, and repeal a prior criminal history release rule.

What This Bill Does

It requires law enforcement and certain agencies to collect biometric identifiers and share them with ALEA, and allows use of approved biometric devices for identification. It creates the Alabama Background Check Service to conduct noncriminal background checks for employers, licensing boards, housing providers, schools, and other entities, with rules and the possibility of contracting with third parties. It establishes the Alabama Rap Back Program to notify participating entities when enrolled individuals have rap back events, and sets related fees and data handling requirements. It repeals parts of the old law on releasing criminal history information, updates terminology, and sets an effective date of October 1, 2026.

Who It Affects

• Individuals who are subject to background checks or biometric data collection (e.g., arrestees, license/permits applicants, job applicants, volunteers, students) and may receive Rap Back notifications.
• Employers, government agencies, licensing boards, housing authorities, educational institutions, nonprofits, and other entities that request or use background checks for noncriminal justice purposes and may pay associated fees.

Key Provisions

• Mandates collection and sharing of biometric identifiers (fingerprints, photos, palm prints, etc.) by specified agencies and authorizes use of approved biometric devices by law enforcement to identify individuals.
• Creates the Alabama Background Check Service (ABCS), operated by ALEA, to provide noncriminal background checks; sets procedures, potential vendor contracting, and deposits fees into the Public Safety Fund.
• Adds new provisions (Sections 41-9-650.1 to 41-9-650.5) authorizing various entities (employers, licensing agencies, nonprofits, housing authorities, educational entities, etc.) to obtain background checks for noncriminal justice purposes with subject consent and specific data-sharing restrictions.
• Imposes a maximum background check record fee of $30, with additional costs for national checks, transaction fees, and a one-time registration fee; funds go to the Public Safety Fund to support related operations.
• Establishes the Alabama Rap Back Program, enabling enrollment of individuals and notifying participating entities when a rap back event occurs; includes an annual enrollment fee up to $12 per individual and requires removal of records for deceased or no-longer-eligible individuals.
• Prohibits dissemination of background check information beyond the allowed purposes and subjects recipients to audits; creates a misuse penalty of a Class B misdemeanor.
• Repeals Article 4 of Chapter 2 of Title 32 (relating to release of criminal history information); sets an effective date of October 1, 2026.

AI-generated summary using openai/gpt-5-nano on Feb 12, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Authorities, Boards, & Commissions