Bill > HB265

This bill establishes new criminal offenses related to the unlawful use of DNA, which refers to deoxyribonucleic acid, a molecule that carries genetic instructions. It defines "DNA sample" as any biological specimen from which DNA can be extracted, and "genetic data" and "genetic testing" as defined in existing Alabama law. The bill requires "express consent," meaning explicit authorization from the individual or their legal representative, before a DNA sample or genetic data can be collected, used, retained, or disclosed. It creates three degrees of unlawful use of DNA: first-degree, a Class C felony, for intentionally selling or transferring another person's DNA sample or genetic data without express consent; second-degree, a Class D felony, for intentionally submitting a DNA sample for genetic testing, conducting genetic testing, or disclosing genetic data without express consent, with an exception for data previously voluntarily disclosed; and third-degree, a Class A misdemeanor, for intentionally collecting or retaining a DNA sample with the intent to analyze it, or for obtaining DNA samples or genetic information through unauthorized computer access, all without express consent. Each instance of unlawful collection, retention, submission, analysis, or disclosure is considered a separate violation. However, the bill provides exceptions for DNA samples or genetic information used by law enforcement, to comply with legal orders or federal law, for specific purposes outlined in other Alabama Code sections, or by genetic testing companies that adhere to existing privacy regulations. This act is set to become effective on October 1, 2026.

Justice

https://alison.legislature.state.al.us/bill-search