Alabama Senate Bill SB320

Alabama 2023 Regular Session

• Introduced: 5/11/23
• Refer: 5/11/23
• Report Pass: 5/17/23
• Engrossed: 5/25/23
• Refer: 5/25/23
• Report Pass: 5/31/23

Caption

Relating to criminal procedure; to require law enforcement agencies to collect fingerprints and DNA from any illegal alien in the agency's custody and submit the fingerprints and DNA for testing or cataloging.

Impact

In terms of state law implications, SB320 will likely lead to new costs for local governments that operate law enforcement agencies. The bill is designed to incur new or increased expenditures, as stated in Section 111.05 of the Alabama Constitution, which stipulates that such laws require a two-thirds majority for enactment. Unless this approval is granted, local entities might not be permitted to enforce the bill without additional funds, highlighting the financial strain it could introduce.

Summary

Senate Bill 320 (SB320) mandates that law enforcement agencies in Alabama collect fingerprints and DNA from any illegal alien in their custody before releasing them. The bill aims to create a systematic approach to identifying individuals who are in the state illegally and to enhance law enforcement's ability to track criminal activities associated with this population. The collection of these biological samples will be required before any release can occur, ensuring that all individuals are accounted for and can be identified in future encounters with law enforcement.

Contention

Supporters argue that SB320 will bolster public safety through increased accountability and help reduce illegal immigration-related crime. However, opponents raise concerns that mandatory DNA and fingerprint collection could lead to racial profiling and infringe on civil rights. There is a fear that this could create further divisions between immigrant communities and law enforcement, potentially discouraging individuals from reporting crimes or cooperating with police.

Implementation

If passed, the law would be effective immediately upon approval by the governor or if it otherwise becomes law. The enforcement of this bill will likely lead to discussions and debates at local government levels about the practicalities and ethical considerations surrounding the collection and handling of sensitive biological data.