(a)

Attorney's Note

Under the Alabama Code, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
Class A misdemeanorup to 1 yearup to $6,000
Violationup to 30 daysup to $200
For details, see Ala. Code § 13A-5-7

Terms Used In Alabama Code 36-21-55.1

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Contract: A legal written agreement that becomes binding when signed.
  • following: means next after. See Alabama Code 1-1-1
  • person: includes a corporation as well as a natural person. See Alabama Code 1-1-1
  • state: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Alabama Code 1-1-1
  • United States: includes the territories thereof and the District of Columbia. See Alabama Code 1-1-1
(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 36-21-55 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 36-21-55 taken by a law enforcement agency against a law enforcement officer.
c. Use of force complaints as defined in Section 36-21-55 against a law enforcement officer.
d. Any instance of a law enforcement officer’s reassignment for cause as defined in Section 36-21-55.
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 36-21-55 against a law enforcement officer is final, or reassignment for cause as defined in Section 36-21-55, 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 36-21-55 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 36-21-55 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 division 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. 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 division.
(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 division.
  Previous section
Next section  
 Division 2 Contents