Administering Entity
Alabama Department of Forensic Sciences (ADFS)
- HB 454 (2026, died) – Search warrants; period of time to execute and return search warrants for DNA evidence, extended. Would have amended Ala. Code §15-5-12 to extend the warrant execution-and-return window from 10 days to 60 days — but only for a warrant to collect a DNA reference sample “for confirmatory forensic analysis, pursuant to an investigative lead generated from a search of the Combined DNA Index System (CODIS)”; all other warrants keep the 10-day limit and are void if not timely executed. The narrow tailoring is the point: it targets the practical difficulty of locating and swabbing a CODIS-hit subject within 10 days, not DNA warrants generally.
- SB 63 (2025, enacted) – Immigration; collection of fingerprints and DNA from illegal aliens in custody. Adds Ala. Code §31-13-36 barring any Alabama law enforcement agency from releasing an “illegal alien” in its custody until it has collected a full set of fingerprints and a known DNA reference sample (unless one was previously taken), with prints going to ALEA for cataloging and the DNA sample to the Alabama Department of Forensic Sciences for analysis and database entry. The trigger is custody and immigration status — not arrest for or conviction of any qualifying offense — and the act contains no expungement or destruction provision. It also raises the criminal-case court fee from $12 to $15, increasing the Alabama DNA Database Fund share from $11 to $14 beginning in FY 2026.
Arrestees: Yes, from adults and minors.
Qualifying Crimes: Any felony offense, as well as any sexual offense — including, but not limited to, offenses that trigger registration under the Alabama Sex Offender Registration and Community Notification Act (§ 15-20A-1 et seq.). See Ala. Code § 36-18-24(b)(6). 2025 update: S.B. 63 (Act 2025-306, enacted) additionally requires DNA samples from persons unlawfully present in the United States who are taken into custody, and increases funding for the state crime lab’s DNA program.
Time of Collection: For arrests occurring on or after October 1, 2010, the sample is drawn during booking — at the same time the arrestee is fingerprinted — or at the time of arrest. No new sample is needed if the person’s DNA is already in the database and has not been expunged. See Ala. Code § 36-18-25(c).
Expungement: The statute contains no provision specifically addressing samples collected at arrest. The general expungement provision, Ala. Code § 36-18-26, authorizes (but does not require) the director to expunge a DNA record, at the request of the person who gave the sample, once a conviction has been reversed.
Convicted Offenders: Yes.
Qualifying Crimes: Conviction of any felony, or of any offense under Chapter 6, Title 13A (Alabama’s sexual-offense chapter, which sweeps in sex-crime misdemeanors), including any attempt, solicitation, or conspiracy to commit such an offense. See Ala. Code § 36-18-24(b)(1)–(5).
Time of Collection: The statute sets no single collection point; Ala. Code § 36-18-25 instead attaches collection to several stages: on the request of the Forensic Sciences director following conviction (subsec. (a)); as part of the sentence ordered by the sentencing court (subsec. (f)); as a mandatory condition of any probation or suspended sentence (subsec. (d)); for probationers, on the director’s request, with the sentencing court ordering submission as a mandatory probation condition if the person refuses (subsec. (b)); for incarcerated persons, on the director’s request, with submission required as a condition of work release, furlough, or other release if refused (subsec. (e)); and as a mandatory condition of any pardon or parole (subsec. (g)).
Expungement: Yes – once a conviction is reversed, the Department of Forensic Sciences director may expunge the DNA record if the person who provided the sample requests it. Note the permissive (“authorized and empowered”) rather than mandatory phrasing. See Ala. Code § 36-18-26.
Statutes / Case Law
Ala. Code 1975 § 36-18-24. DNA database
36-18-22. Powers of director
36-18-25. Collection of DNA samples from convicted persons
36–18–26. Expungement of DNA Records
Ala. Admin. Code Regs. § 370-2-1.01. Custody and Transmittal of DNA Specimens
Legislative History
- Act 1994-804 (SB100, 1st Executive Session 1994). Created § 36-18-24, establishing the DNA database and mandating collection from persons convicted of felonies after May 6, 1994.
- Act 2009-768 (HB146, 2009 Regular Session) — major substantive amendment. Added subsection (b)(6), extending DNA collection to persons arrested (not just convicted) for any felony or sexual offense on or after October 1, 2010. Also added post-testing procedures and increased DNA database fees.
- Act 2015-463 (HB316, 2015 Regular Session) — citation-update amendment. In subsection (b)(6), updated the cross-reference from the old Community Notification Act (“Article 2, commencing with Section 15-20-20, of Chapter 20, Title 15”) to the new ASORCA (“commencing with Section 15-20A-1, of Chapter 20A, Title 15, former Community Notification Act, Article 2, of Chapter 20 of Title 15”). This correction was required because SB296 in 2011 had repealed the old Chapter 20 act — leaving § 36-18-24(b)(6) pointing to a dead citation until HB316 fixed it.
- No specific state statute on Rapid DNA beyond the general CODIS-enabling authority has been identified.
- Statewide Pilot Program: The Alabama Department of Forensic Sciences (ADFS) secured $750,000 in federal funding in FY 2026 to establish a Rapid DNA Implementation Program. This project focuses on partnering ADFS with local law enforcement agencies to deploy Rapid DNA instruments directly into county booking stations.
- Alabama Genetic Data Privacy Act (HB 21 (2024, passed); § 8-43-1 et seq). Companies must secure initial express consent simply to run the ordered test. Must get new consent every time for new uses, including using sample or data for any secondary product or service, transferring or disclosing the genetic profile to a third party, or market a specific product to the consumer based on their unique genetic profile.
- “Valid Legal Process” – consumer genetic testing companies can only disclose a user’s genetic data to law enforcement pursuant to a “valid legal process” (such as a search warrant or court order).
- No specific law or program found.
- No specific law or program found.