Alabama Senate passes legislation to create a criminal enterprise database

April 24, 2025 – MONTGOMERY, AL – The Alabama Senate passed legislation to create a database of criminal enterprises that would be available to law enforcement officers.

Senate Bill 241 (SB241) is sponsored by State Senator Lance Bell (R-Pell City).

SB241 directs the Alabama Law Enforcement Agency to create and manage the Alabama Criminal Enterprises Database It also establishes guidelines for submitting information and using the database.

The Alabama Criminal Enterprise Database bill defines criminal enterprise as "Any combination, confederation, alliance, network, conspiracy, understanding, or other similar arrangement in law or in fact, including a streetgang" "of three or more persons, through its membership or through the agency of any member, that engages in a course or pattern of criminal activity."

The bill defines criminal enterprise members as, "An individual who meets three or more of the following at the time of the planning or commission of the underlying offense:

1. Admits to criminal enterprise membership.

2. Is voluntarily identified as a criminal enterprise member by a parent or guardian.

3. Is identified as a criminal enterprise member by a reliable informant.

4. Adopts the style of dress of a criminal enterprise.

5. Adopts the use of a hand sign identified as used by a criminal enterprise.

6. Has a tattoo identified as used by a criminal enterprise.

7. Associates with one or more known criminal enterprise members.

8. Is identified as a criminal enterprise member by physical evidence.

9. Has been observed in the company of one or more known criminal enterprise members four or more times.

Observation in a custodial setting requires a willful association. This paragraph may be used to identify criminal enterprise members who recruit and organize in jails, prisons, and or other detention settings.

10. Has authored any communication indicating responsibility for the commission of any crime by a criminal enterprise."

The bill defines criminal justice agency as, "Any federal law enforcement agency, prosecuting agency, or corrections agency, or any state, county, or municipal law enforcement agency, prosecuting agency, or corrections agency in this state."

SB241 would "Subject to the availability of funding ALEA shall establish a statewide inter-jurisdictional criminal intelligence system known as the Alabama Criminal Enterprise Database. ALEA shall establish, develop, manage, and maintain the database in accordance with the Criminal Intelligence Systems Operating Policies adopted by the United States Department of Justice."

"Any criminal justice agency may submit information for inclusion in the database."

"To the extent permitted under subsection (b), the database may contain any information about a person reasonably suspected of criminal conduct or activity that meets both of the following criteria: (1) The information is relevant to the person's suspected criminal conduct or activity. (2) The information is relevant to identifying an individual as a criminal enterprise member or identifying a criminal enterprise."

"Subject to rules established by the secretary, any criminal justice agency may access the database for legitimate law enforcement or criminal justice purposes. ALEA may not permit any person or entity to access database information in its possession, custody, or control unless one of the following conditions applies: (1) The access is made by personnel of a criminal justice agency pursuant to subsection (e). (2) The access is necessary for ALEA to establish, develop, manage, or maintain the database. (3) The access is necessary for ALEA to comply with a court order, discovery request, or subpoena for the production of database information as authorized in subsection (h). (4) The access is permitted under subsection (b)."

"Database information shall be deemed confidential and shall not be subject to public disclosure."

SB241 now goes to the Alabama House of Representatives for their consideration.