Ala. Code § 36-NEW

Current with legislation from the 2021 First Special Session.
Section 36-NEW - Law Enforcement Officer Employment Database
(a)
(1) By October 1, 2023, the Alabama Peace Officers' Standards and Training Commission shall develop, implement, and maintain a centralized and electronic Law Enforcement Officer Employment Database. The database shall include, but shall not be limited to, all of the following reportable offenses:
a. Dates of hire, appointment, and reportable separation, as defined in Section 1, of a law enforcement officer from any law enforcement agency through which the officer is or has been employed.
b. Information relating to disciplinary action, as defined in Section 1, taken by a law enforcement agency against a law enforcement officer.
c. Use of force complaints, as defined in Section 1, against a law enforcement officer.
d. Any instance of a law enforcement officer's reassignment for cause, as defined in Section 1.
e. Status of compliance with continuing education requirements.
(2) The database shall have a uniform document for law enforcement agencies to use in the electronic reporting and uploading of the information required in subdivision (1).

The database shall also have the ability to upload explanatory or supporting documents submitted by law enforcement agencies.

(3) The commission shall ensure that the database is compatible with any federal database, implemented for purposes of law enforcement, by the Attorney General of The United States or other entity as directed by federal law or order.
(4) The commission may contract with a third party for the development of the database. The database shall be designed for access by all law enforcement agencies in the state.
(b)
(1) Within 30 days after disciplinary action, as defined in Section 1, against a law enforcement officer is final, or reassignment for cause, as defined in Section 1, a law enforcement agency shall report information regarding the disciplinary action or reassignment to the commission electronically through the uniform document referenced in subdivision (a)(2) for entry into the database. This information shall include the name of the law enforcement officer; the date of the disciplinary action; the type of disciplinary action imposed; a description of the conduct upon which such disciplinary action is based; and the name of the person alleging the complaint. This information shall be reported even if the law enforcement officer separates from the investigating law enforcement agency prior to serving any recommended suspension.
(2) Within 30 days after any use of force complaint, as defined in Section 1, against a law enforcement officer is adjudicated and the law enforcement agency's decision regarding the complaint becomes final, a law enforcement agency shall report to the commission information relating to the use of force complaint electronically through the uniform document referenced in subdivision (a)(2) for entry into the database. The information should identify the complainant and the law enforcement officer; the date of the complaint; the substance of the complaint; and the outcome of any investigation and any internal appeal regarding the complaint. This information shall be reported even if the law enforcement officer separates from the investigating law enforcement agency prior to serving any recommended suspension.
(3) Within 15 days of the reportable separation, as defined in Section 1, of a law enforcement officer from a law enforcement agency, a law enforcement agency shall report the separation through the uniform document referenced in subdivision (a)(2) for entry into the database.
(4) A law enforcement agency shall preserve and maintain any information that is required to be reported under this section for a period of 12 years.
(c) Information maintained in the database shall be confidential and may only be disclosed as provided in this act, for official law enforcement purposes, or pursuant to a court order. In no instance may the information be disclosed pursuant to public records' requests under Section 36-12-40, Code of Alabama 1975. A person who knowingly discloses information in the database without authorization or in violation of this section shall be guilty of a Class A misdemeanor.
(d) Any employee of the commission or a law enforcement agency shall be immune from any and all civil or criminal liability for the good faith transmittal to, entry in, or use of information in the database for the purposes set forth in this act.
(e) For the purpose of evaluation of candidates for employment or appointment as a law enforcement officer with a law enforcement agency, a law enforcement agency shall access the information contained in the database.
(f) The commission may adopt rules for the implementation and administration of this act.

Ala. Code § 36-NEW (1975)

Added by Act 2021-268,§ 2, eff. 7/1/2021.