SB 320 — 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.

SB320 INTRODUCEDENGROSSED RX0RMY-1RX0RMY-2 By Senators Bell, Smitherman, Elliott, Scofield, Givhan, 3 Roberts, Gudger, Allen, Butler, Barfoot, Melson, Carnley, Sessions, Livingston, Shelnutt, Figures, Stewart, Chambliss, Jones, Hatcher, Beasley, Reed, Waggoner, Weaver, Chesteen, Orr, Hovey, Williams, Stutts, Price RFD:

11-May-23 2023 Regular Session Page 0 RX0RMY-1SB320 05/11/2023Engrossed THR2 (L)THR4 2023-2064A 2BILL 4TO SYNOPSIS:BE ENTITLED AN ACT 9 Relating to criminal procedure;

Thisto 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.

Section 111.05 of the Constitution of Alabama of 2022, prohibits a general law whose purpose or effect would be to require a new or increased expenditure of local funds from becoming effective with regard to a local governmental entity without enactment by a 2/3 vote unless:

it comes within one of a number of specified exceptions;

it is approved by the affected entity, or the Legislature appropriates funds, or provides a local source of revenue, to the entity for the purpose.

The purpose or effect of this bill would be to require a new or increased expenditure of local funds within the meaning of the amendment.

If this bills is not enacted by a 2/3 vote, it will not become effective with regard to a local entity unless approved by the local entity or until, and only as long as, the Legislature appropriates funds or provides for a local source of revenue.

Page 1 SB320 INTRODUCED A BILL TO BE ENTITLED AN ACT 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;

and in connection therewith would have as its purpose or effect the requirement of a new or increased expenditure of local funds within the meaning of Section 111.05 of the Constitution of 2022.

(a) Whenever a law enforcement agency in this state has an illegal alien in its custody, the law enforcement agency may not release the illegal alien until the law enforcement agency has collected a full set of fingerprints and a known DNA reference sample from the individual.

(b) Following the collection of any fingerprints or DNA pursuant to this section, a law enforcement agency shall submit the fingerprints orto the Alabama State Law Enforcement Agency for cataloging and shall submit the known DNA reference sample to the Alabama Department of Forensic Sciences for testinganalysis orand cataloging.entry into the appropriate databases.

The purpose or effect of this bill would be to require a new or increased expenditure of local funds within the meaning of Section 111.05 of the Constitution of Alabama of 2022.

If this bill is not enacted by a 2/3 vote, it will not become effective with regard to a local entity unless approved by the local entity or until, and only as long as, the Legislature appropriates funds or provides for a local Page 2 SB320 INTRODUCED source of revenue.

Section 3.

Page 31 SB320 Engrossed Senate Read for the first time and referred ................11-May-23 to the Senate committee on Judiciary Read for the second time and placed ................17-May-23 on the calendar:

1 amendment Read for the third time and passed ................24-May-23 as amended Yeas 34 Nays 0 Abstains 0 Patrick Harris, Secretary.

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