House Bill 265 Alabama 2026 Session

Summary

Primary Sponsor

Ben RobbinsRepresentative

Republican

Session

2026 Regular Session

Title

Crimes and offenses; crimes of unlawful use of DNA created, criminal penalties provided

Summary

HB265 would criminalize certain intentional uses and disclosures of a person’s DNA or genetic data without express consent, creating three degrees of unlawful DNA use with penalties and specific exceptions.

What This Bill Does

It defines express consent and requires a clear, prominent disclosure about how a DNA sample or genetic data will be collected or used, with consent given by an affirmative action. It creates three unlawful-use of DNA crimes with penalties: first-degree (Class C felony) for selling or transferring someone’s DNA or data to a third party without consent; second-degree (Class D felony) for submitting DNA for testing, conducting testing, or disclosing genetic data to a third party (with a narrow exception for data previously voluntarily disclosed); and third-degree (Class A misdemeanor) for collecting or retaining DNA or genetic data by improper collection or unauthorized computer access, with each instance counted as a separate violation. There are exceptions for law enforcement purposes, compliance with subpoenas or court orders or federal law, the Alabama Department of Forensic Sciences' DNA Databank, and genetic testing companies acting in compliance with state law. The act becomes effective October 1, 2026.

Who It Affects

• Individuals whose DNA or genetic data could be collected, used, stored, or disclosed, who gain protections against unauthorized handling and face consequences if someone unlawfully uses their data.
• Law enforcement agencies, the Alabama Department of Forensic Sciences and related DNA Databank entities, and genetic testing companies, who are subject to defined exceptions and compliance requirements under the bill.

Key Provisions

• Defines DNA, DNA sample, express consent, genetic data, and genetic testing; consent must be based on a clear, prominent disclosure and can be given by affirmative action.
• Creates unlawful use of DNA offenses in three degrees with penalties: first-degree (Class C felony) for selling or transferring DNA or data to a third party without consent; second-degree (Class D felony) for submitting for testing, conducting testing, or disclosing data to a third party (with an exception for data previously voluntarily disclosed); third-degree (Class A misdemeanor) for collecting or retaining DNA or data by improper collection or unauthorized computer access; each instance is a separate violation.
• Provides exceptions for law enforcement purposes, compliance with subpoenas, court orders, or federal law, use by the Alabama DNA Databank, and by genetic testing companies in compliance with state law; effective 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

Crimes & Offenses