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HB265 INTRODUCED
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HB265
HG2BR36-1
By Representative Robbins
RFD: Judiciary
First Read: 15-Jan-26
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HG2BR36-1 01/14/2026 GP (L)lg 2026-259
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First Read: 15-Jan-26
SYNOPSIS:
This bill would prohibit certain intentional
collection, use, retention, or disclosure of a person's
DNA sample or genetic information without that person's
express consent.
This bill would create the crimes of unlawful
use of DNA in the first, second, and third degrees and
provide criminal penalties for violations.
This bill would also provide exceptions for
certain collection, use, retention, or disclosure for
law enforcement purposes; to comply with a subpoena,
court order, or federal law; as it relates to the
Alabama Department of Forensic Sciences' DNA Databank;
and by genetic testing companies in compliance with
state law.
A BILL
TO BE ENTITLED
AN ACT
Relating to genetic material; to create the crimes of
unlawful use of DNA in the first, second, and third degree; to
provide criminal penalties for violations; and to provide
exceptions.
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exceptions.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. (a) For the purposes of this act, the
following terms have the following meanings:
(1) DNA. Deoxyribonucleic acid.
(2) DNA SAMPLE. Any human biological specimen from
which DNA can be extracted or the DNA extracted from a
specimen.
(3) EXPRESS CONSENT. Authorization by the person whose
DNA is to be extracted or analyzed or that person's legal
guardian or authorized representative.
(4) GENETIC DATA. The same meaning as provided in
Section 8-43-2, Code of Alabama 1975.
(5) GENETIC TESTING. The same meaning as in Section
8-43-2, Code of Alabama 1975.
(b)(1) For the purposes of this act, a person may not
provide express consent unless he or she has received a clear
and prominent disclosure regarding the manner of collection,
use, retention, or disclosure of a DNA sample or genetic data
for a specific purpose. A person may provide express consent
by any affirmative action demonstrating an intentional
decision.
(2) A single provision of express consent may authorize
every instance of a specified purpose or use.
Section 2. (a) Except as provided in Section 6, a
person commits the crime of unlawful use of DNA in the first
degree if he or she intentionally and without express consent
sells or otherwise transfers another individual's DNA sample
or genetic data to a third party, regardless of whether the
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or genetic data to a third party, regardless of whether the
original DNA sample was originally collected, retained, or
analyzed with express consent.
(b) Unlawful use of DNA in the first degree is a Class
C felony.
Section 3. (a) Except as provided in Section 6, a
person commits the crime of unlawful use of DNA in the second
degree if he or she intentionally and without express consent:
(1) Submits another individual's DNA sample for genetic
testing;
(2) Conducts or procures the conducting of genetic
testing of another individual's DNA; or
(3) Except as provided in subsection (b), discloses
another individual's genetic data to a third party.
(b) A person who discloses another person's genetic
data that was previously voluntarily disclosed by the person
whose DNA was tested, the person's legal guardian, or the
person's authorized representative does not violate this
section.
(c) Unlawful use of DNA in the second degree is a Class
D felony.
Section 4. (a) Except as provided in Section 6, a
person commits the crime of unlawful use of DNA in the third
degree if he or she intentionally and without express consent:
(1) Collects or retains another individual's DNA sample
with the intent to perform a DNA analysis; or
(2) Collects or retains another individual's DNA sample
or genetic information by accessing a computer system either
without authorization to access the computer system or
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without authorization to access the computer system or
exceeding his or her authorized access to the computer system.
(b) Unlawful use of DNA in the third degree is a Class
A misdemeanor.
Section 5. Each instance of collection or retention,
submission or analysis, or disclosure in violation of this act
constitutes a separate violation.
Section 6. This act does not apply to a DNA sample or
genetic information used:
(1) By law enforcement for any law enforcement purpose;
(2) To comply with a subpoena, summons, other lawful
court order, or federal law;
(3) Pursuant to Article 2, Chapter 18 of Title 36, Code
of Alabama 1975; or
(4) By a genetic testing company that complies with
Chapter 43 of Title 8, Code of Alabama 1975.
Section 7. This act shall become effective on October
1, 2026.
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