SB63INTRODUCED
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SB63
3CXJVVZ-1
By Senators Bell, Smitherman, Elliott, Kelley, Kitchens, Orr,
Albritton, Allen
RFD: County and Municipal Government
First Read: 04-Feb-25
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6 3CXJVVZ-1 10/10/2024 THR (L)THR 2024-2666
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First Read: 04-Feb-25
SYNOPSIS:
This bill would 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.
This bill would also further provide for certain
court costs.
A BILL
TO BE ENTITLED
AN ACT
Relating to immigration; to amend Section 31-13-3, Code
of Alabama 1975; to further provide definitions; to amend
Section 36-18-32, Code of Alabama 1975; to further provide for
the collection and disbursement of certain fees; and to add
Section 31-13-36 to the Code of Alabama 1975; 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.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Sections 31-13-3 and 36-18-32, Code of
Alabama 1975, are amended to read as follows:
"§31-13-3
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"§31-13-3
For the purposes of this chapter, the following words
shall have the following meanings:
(1) ALIEN. Any person who is not a citizen or national
of the United States, as described in 8 U.S.C. § 1101, et
seq., and any amendments thereto.
(2) BUSINESS ENTITY. Any person or group of persons
employing one or more persons performing or engaging in any
activity, enterprise, profession, or occupation for gain,
benefit, advantage, or livelihood, whether for profit or not
for profit. Business entity shall include, but not be limited
to, the following:
a. Self-employed individuals, business entities filing
articles of incorporation, partnerships, limited partnerships,
limited liability companies, foreign corporations, foreign
limited partnerships, foreign limited liability companies
authorized to transact business in this state, business
trusts, and any business entity that registers with the
Secretary of State.
b. Any business entity that possesses a business
license, permit, certificate, approval, registration, charter,
or similar form of authorization issued by the state, any
business entity that is exempt by law from obtaining such a
business license, and any business entity that is operating
unlawfully without a business license.
(3) CONTRACTOR. A person, employer, or business entity
that enters into an agreement to perform any service or work
or to provide a certain product in exchange for valuable
consideration. This definition shall include, but not be
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consideration. This definition shall include, but not be
limited to, a general contractor, subcontractor, independent
contractor, contract employee, project manager, or a
recruiting or staffing entity.
(4) EMPLOYEE. Any person directed, allowed, or
permitted to perform labor or service of any kind by an
employer. The employees of an independent contractor working
for a business entity shall not be regarded as the employees
of the business entity , for the purposes of this chapter. This
term does not include any inmate in the legal custody of the
state, a county, or a municipality.
(5) EMPLOYER. Any person, firm, corporation,
partnership, joint stock association, agent, manager,
representative, foreman, or other person having control or
custody of any employment, place of employment, or of any
employee, including any person or entity employing any person
for hire within the State of Alabama, including a public
employer. This term shall not include the occupant of a
household contracting with another person to perform casual
domestic labor within the household.
(6) EMPLOYMENT. The act of employing or state of being
employed, engaged, or hired to perform work or service of any
kind or character within the State of Alabama, including any
job, task, work, labor, personal services, or any other
activity for which compensation is provided, expected, or due,
including, but not limited to, all activities conducted by a
business entity or employer. This term shall not include
casual domestic labor performed in a household on behalf of
the occupant of the household or the relationship between a
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the occupant of the household or the relationship between a
contractor and the employees of a subcontractor performing
work for the contractor.
(7) E-VERIFY. The electronic verification of federal
employment authorization program of the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996, P.L. 104-208,
Division C, Section 403(a); 8 U.S.C. § 1324(a), and operated
by the United States Department of Homeland Security, or its
successor program.
(8) FEDERAL WORK AUTHORIZATION PROGRAM. Any of the
electronic verification of work authorization programs
operated by the United States Department of Homeland Security
or an equivalent federal work authorization program operated
by the United States Department of Homeland Security to verify
information of newly hired employees, under the Immigration
Reform and Control Act of 1986 (IRCA), P.L. 99-603 or the
Illegal Immigration Reform and Immigrant Responsibility Act of
1996, P.L. 104-208, Division C, Section 403(a); 8 U.S.C. §
1324(a).
(9) ILLEGAL ALIEN. An alien who is not lawfully present
in the United States under any federal law, regulation, order,
or directive.
(9)(10) KNOWS or KNOWINGLY. A person acts knowingly or
with knowledge with respect to either of the following:
a. The person's conduct or to attendant circumstances
when the person is aware of the nature of the person's conduct
or that those circumstances exist.
b. A result of the person's conduct when the person is
reasonably aware that the person's conduct is likely to cause
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reasonably aware that the person's conduct is likely to cause
that result.
(10)(11) LAWFUL PRESENCE or LAWFULLY PRESENT. A person
shall be regarded as an alien unlawfully present in the United
States only if the person's unlawful immigration status has
been verified by the federal government pursuant to 8 U.S.C. §
1373(c). No officer of this state or any political subdivision
of this state shall attempt to independently make a final
determination of an alien's immigration status. An alien
possessing self-identification in any of the following forms
is entitled to the presumption that he or she is an alien
lawfully present in the United States:
a. A valid, unexpired Alabama driver's driver license.
b. A valid, unexpired Alabama nondriver identification
card.
c. A valid tribal enrollment card or other form of
tribal identification bearing a photograph or other biometric
identifier.
d. Any valid United States federal or state government
issued identification document bearing a photograph or other
biometric identifier, including a valid Uniformed Services
Privileges and Identification Card if issued by an entity that
requires proof of lawful presence in the United States before
issuance.
e. A foreign passport with an unexpired United States
Visa and a corresponding stamp or notation by the United
States Department of Homeland Security indicating the bearer's
admission to the United States.
f. A foreign passport issued by a visa waiver country
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f. A foreign passport issued by a visa waiver country
with the corresponding entry stamp and unexpired duration of
stay annotation or an I-94W form by the United States
Department of Homeland Security indicating the bearer's
admission to the United States.
(11)(12) POLICY OR PRACTICE. A guiding principle or
rule that may be written or adopted through repeated actions
or customs.
(12)(13) PROTECTIVE SERVICES PROVIDER. A child
protective services worker; adult protective services worker;
protective services provider; or provider of services to
victims of domestic violence, stalking, sexual assault, or
human trafficking that receives federal grants under the
Victim of Crimes Act, the Violence Against Women Act, or the
Family Violence Prevention and Services Act.
(13)(14) PUBLIC EMPLOYER. Every department, agency, or
instrumentality of the state or a political subdivision of the
state including counties and municipalities.
(14)(15) STATE-FUNDED ENTITY. Any governmental entity
of the state or a political subdivision thereof or any other
entity that receives any monies from the state or a political
subdivision thereof; provided, however, an entity that merely
provides a service or a product to any governmental entity of
the state or a political subdivision thereof, and receives
compensation for the same, shall not be considered a
state-funded entity.
(15)(16) SUBCONTRACTOR. A person, business entity, or
employer who is awarded a portion of an existing contract by a
contractor, regardless of its tier.
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contractor, regardless of its tier.
(16)(17) UNAUTHORIZED ALIEN. An alien who is not
authorized to work in the United States as defined in 8 U.S.C.
§ 1324a(h)(3)."
"§36-18-32
(a) There is hereby established a special fund in the
State Treasury to be known as the Alabama DNA Database Fund.
(b) The fund shall be placed under the management or
administration of the Director of the Alabama Department of
Forensic Sciences for the exclusive purposes of implementing
the provisions of this article.
(c) The fund shall consist of all moneys monies
received by the director pursuant to the provisions of this
section.
(d) The director shall have control of those funds as
shall not be inconsistent with the provisions of subject to
this article and with the laws of the State of Alabama.
(e) Monies deposited in the Alabama DNA Database Fund
may be expended by the Director of the Alabama Department of
Forensic Sciences in accordance with the provisions of this
article. The investment of monies in the fund by the State
Treasurer shall remain in the Alabama DNA Database Fund. At
the end of each fiscal year any unexpended or unencumbered
monies shall remain in the fund. However, no funds shall be
withdrawn or expended except as budgeted and allotted
according to law and only in the amounts authorized by the
Legislature in the general appropriation bill or other
appropriation bills.
(f) Neither the director nor any member of the
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(f) Neither the director nor any member of the
director's staff nor any employee of the Alabama Department of
Forensic Sciences shall have any financial interest in any
such investments or receive any reward, thing of value, or
commission in respect thereto.
(g) It shall be the duty of the The director to shall
keep detailed permanent records of all expenditures and
disbursements from such the fund or account.
(h) In all municipal, district, and circuit court civil
cases, and upon initiation of attachment, garnishment, or
execution proceedings, a fee in the amount of two dollars ($2)
shall be assessed and collected. In all municipal, district,
and circuit court criminal cases, in bond forfeiture
proceedings, and upon the issuance of any alias or capias
warrant of arrest, a fee in the amount of twelve dollars ($12)
fifteen dollars ($15) shall be assessed and collected. The fee
shall be collected by the court clerk and remitted as follows:
(1) Alabama DNA Database Fund.
a. For fiscal years 2009 and 2010, seven dollars ($7).
b. For fiscal year 2011, eight dollars ($8).
c. For fiscal year years 2012 and thereafterthrough
2025, eleven dollars ($11).
d. For fiscal year 2026 and thereafter, fourteen
dollars ($14).
(2) Citizenship Trust pursuant to Section 16-44A-30,
for the purposes described in Section 36-18-32.1.
a. For fiscal years 2009 and 2010, five dollars ($5).
b. For fiscal year 2011, four dollars ($4).
c. For fiscal year 2012 and thereafter, one dollar
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c. For fiscal year 2012 and thereafter, one dollar
($1).
Provided, however, that there shall be no additional
fees imposed for violations relating to parking tickets or
small claims cases.
(i) The amount of the fees shall be remitted by the
person or authority collecting the same to the director on the
10th day of each month next succeeding that in which the fee
is paid. It shall be the duty of the clerk or other authority
collecting those court fees to keep accurate records of the
amounts due the director for the benefit of the fund
established under this section."
Section 2. Section 31-13-36 is added to the Code of
Alabama 1975, to read as follows:
§31-13-36
(a) Whenever a law enforcement agency in this state has
an illegal alien in its custody, the agency may not release
the illegal alien until the agency has collected a full set of
fingerprints and a known DNA reference sample from the
individual, if a sample has not previously been collected.
(b) Following the collection of fingerprints or DNA
pursuant to this section, a law enforcement agency shall
submit the fingerprints to the Alabama State Law Enforcement
Agency for cataloging and shall submit the known DNA reference
sample to the Alabama Department of Forensic Sciences for
analysis and entry into the appropriate database.
Section 3. This act shall become effective on June 1,
2025.
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