HB415INTRODUCED
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HB415
6YKXT1Z-1
By Representative Givan
RFD: Judiciary
First Read: 06-Mar-25
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5 6YKXT1Z-1 02/24/2025 THR (L)ma 2025-763
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First Read: 06-Mar-25
SYNOPSIS:
This bill would require the Attorney General to
establish, maintain, and publish the Police Abuse
Registry. The purpose of the registry is to publish the
names and related information of individuals who have
been convicted of offenses against law enforcement
officers.
This bill would allow an individual registered
on the Policy Abuse Registry to have his or her name
removed from the registry by paying a fee to be
deposited in the Law Enforcement Injury Fund.
This bill would provide for the use of
information included in the registry and would provide
penalties for misuse of the information.
This bill would establish the Law Enforcement
Injury Fund and provide for the use of monies in the
fund.
This bill would also authorize civil actions
related to misuse of information from the registry.
A BILL
TO BE ENTITLED
AN ACT
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Relating to law enforcement; to provide for the
creation of the Police Abuse Registry; to provide for the
inclusion and use of information on the registry; to provide
for the creation of the Law Enforcement Injury Fund and the
use of monies in the fund; to provide penalties for
violations; and to authorize civil actions.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. This act shall be known as the Back the Blue
Act.
Section 2. For the purposes of this act, the following
terms have the following meanings:
(1) CLEMENCY. The reduction or mitigation of a criminal
sentence or other repercussions of a criminal conviction,
including, but not limited to, pardons, commutations, or
reprieves.
(2) FUND. The Law Enforcement Injury Fund established
pursuant to this act.
(3) QUALIFYING OFFENSE. Any offense involving the use
or threatened use of force against an individual known to be
or identified as a law enforcement officer.
(4) REGISTRY. The Police Abuse Registry maintained by
the Attorney General pursuant to this act.
Section 3. (a) The Attorney General shall establish and
maintain the Policy Abuse Registry. The purpose of the
registry is to publish the names and related information of
individuals who have been convicted of offenses against law
enforcement officers.
(b) An entry created or maintained pursuant to Section
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(b) An entry created or maintained pursuant to Section
4 shall include all of the following information:
(1) The individual's full name and any known aliases.
(2) The individual's date of birth.
(3) Each of the individual's convictions for a
qualifying offense.
(4) The date of the offense leading to each of the
individual's convictions for a qualifying offense.
(5) The date of each of the individual's convictions
for a qualifying offense.
(6) The date of any clemency granted for any qualifying
offense.
(7) The individual's last known address.
Section 4. (a) The Attorney General, within 30 days of
receipt of applicable information, shall enter any individual
convicted of a qualifying offense into the registry.
(b) Clemency from the Governor or the President of the
United States shall not abrogate the requirements of
subsection (a).
Section 5. (a) An individual included in the registry
may request removal from the registry through the removal
process established by the Attorney General pursuant to
subsection (b).
(b) The Attorney General, before January 1, 2026, shall
establish a procedure for individuals to request removal from
the registry. The procedure shall include the requirement that
an individual must pay five thousand dollars ($5,000) for each
conviction for a qualifying offense that the individual is
seeking to have removed from the registry.
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seeking to have removed from the registry.
(c) All monies collected pursuant to subsection (b)
shall be deposited in the fund.
(d) The Attorney General, within 30 days of an
individual's complete and satisfactory compliance with the
removal process, shall remove the individual's information
from the registry.
Section 6. (a) The Attorney General shall only grant
access to the registry to law enforcement agencies for any of
the following purposes:
(1) Background checks for employment or certification.
(2) Assisting investigations related to law enforcement
safety.
(3) Monitoring individuals residing in the agency's
jurisdiction.
(b) Unauthorized use or disclosure of registry
information is a Class A misdemeanor.
Section 7. (a) The Attorney General, within 30 days of
adding an individual to the registry, shall notify each local
law enforcement agency with jurisdiction over the individual's
last known address.
(b) Each notification made pursuant to subsection (a)
shall include all information included in the individual's
registry entry.
Section 8. (a) The Law Enforcement Injury Fund is
established in the State Treasury and shall be maintained by
the Attorney General.
(b) Monies collected pursuant to this act shall be
deposited to the State Treasury to the credit of the Law
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deposited to the State Treasury to the credit of the Law
Enforcement Injury Fund of the Attorney General. Amounts
deposited into the fund shall be budgeted and allotted in
accordance with Sections 41-4-80 through 41-4-96 and Sections
41-19-1 through 41-19-12, Code of Alabama 1975.
(c) Monies in the fund, at the discretion of the
Attorney General, shall be used exclusively for financial
assistance for law enforcement officers injured in the line of
duty or to support rehabilitation or medical costs for law
enforcement officers injured in the line of duty.
(d) The Attorney General, before the fifteenth
legislative day of each regular session of the Legislature,
shall submit a report to the Legislature detailing the
disbursements and uses of monies from the fund in the previous
calendar year.
Section 9. An individual harmed by a violation of
Section 6 may pursue a civil action against the party that
committed the violation.
Section 10. The Attorney General shall implement
safeguards to assure the confidentiality and security of the
registry.
Section 11. This act shall become effective on October
1, 2025.
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