Code of Alabama

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16-23-16.2
Section 16-23-16.2 Criminal history background check for teacher preparation program applicants.
(a) Each two-year and four-year institution of higher education in the state shall require
each applicant for admission to a teacher preparation program to complete a criminal history
background information check as a part of the initial application process. (b) The criminal
history background information check shall be administered in a manner prescribed by the institution
of higher education that is consistent with the Alabama Child Protection Act of 1999, and
rules promulgated by the State Department of Education. (c) Any publication of an institution
of higher education, that describes the requirements for or application process for a teacher
preparation program offered by the institution, shall also inform prospective students of
the requirements of this section. (Act 2009-628, p. 1926, §1.)...
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16-22A-34
Section 16-22A-34 Satisfaction of contingencies; procedures. (a) The requirement to conduct
a criminal history background information check on public and nonpublic current employees
pursuant to this chapter is contingent upon the State Superintendent of Education determining
that sufficient funds have been appropriated by the Legislature or made available from another
source to fund such background checks and related procedures. The State Superintendent of
Education shall certify to each local employing board, each nonpublic school, the State Finance
Director, and the Code Commissioner when sufficient funds have been appropriated for use by
the State Department of Education for purposes of conducting background checks and related
procedures on public and nonpublic current employees. (b) Upon the satisfaction of contingencies
provided in subsection (a) and upon the State Superintendent of Education certifying in writing
to the State Board of Education and each authorized employer that...
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16-22A-13
Section 16-22A-13 Liability. An authorized employer shall not be liable in any action for damages
solely for failure to conduct a criminal history background information check on an educational
employee pursuant to this chapter if such failure is due to reasonable time constraints of
background check backlogs, nor shall the state or political subdivision thereof, nor any agency,
officer, or employee thereof, be liable in any action for damages for the failure of a qualified
entity to take action adverse to an individual who was the subject of a criminal history background
information check. Neither the State Superintendent of Education, the State Department of
Education, nor any agent thereof shall be liable in civil court in an action for damages arising
out of any suitability determination. Nothing herein shall be construed as a waiver of any
sovereign or qualified immunity. (Act 99-361, p. 566, §13; Act 2002-457, p. 1171, §1.)...

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16-22A-31
Section 16-22A-31 Written consent; additional check. (a) The following persons shall obtain
a signed and dated written consent to obtain criminal history background information checks
for current public certified employees and current public noncertified employees who have
or seek to have unsupervised access to children in an educational setting: (1) Persons designated
by the public local employing board. (2) Persons designated by the State Department of Education.
(b) Refusal by a current public certified employee and current public noncertified employee
to sign and date a consent to obtain a criminal history background information check and to
provide two acceptable sets of fingerprints shall result in the preclusion of continued employment
or certification of the employee in a position requiring unsupervised access to children,
until such time as written permission has been given to the local employing board to conduct
the criminal history background information check. (c) If a...
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45-45-232.04
Section 45-45-232.04 Background check fee. (a) The Sheriff of Madison County may charge a fee
of ten dollars ($10) for a local criminal history background check on persons for passport
identification, employment purposes, or other personal reasons if the sheriff is authorized
by law to conduct a background check and release the information. The fee provided by this
section shall not apply to a person applying for a pistol permit. (b) All fees collected under
this section shall be paid to the Madison County Commission and placed into a separate account
entitled Madison County Criminal History Background Check Account to be used for the betterment
of county law enforcement available upon requisition of the sheriff for that purpose. (c)
The charging of a fee for a local criminal history background check, the payment of the fees
to the local criminal history background check account, and the requisition by the sheriff
of funds from the local criminal history background check account for...
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22-50-90
Section 22-50-90 Definitions. (a) When used in this article, the following words and terms
shall have the following meanings: (1) CRIMINAL HISTORY BACKGROUND INFORMATION. Any information
collected and stored in the criminal record repository of the Federal Bureau of Investigation
(FBI) reflecting the result of an arrest, detention, or initiation of a criminal proceeding
by criminal justice agencies, including, but not limited to, arrest record information, fingerprint
cards, correctional induction and release information, identifiable descriptions, and notations
of arrests, detention, indictments, or other formal charges. The term shall not include analytical
records or investigative reports that contain criminal intelligence information or criminal
investigation information. (2) DIRECT CARE PROVIDER. A psychiatrist, medical doctor, psychologist,
social worker, community service specialist, therapist, nurse, mental health worker, foster
care provider, police officer, and any other...
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22-52-10.8
Section 22-52-10.8 Order for involuntary commitment for inpatient treatment to be entered into
Criminal Justice Information System and NICS; redaction of order upon removal of limitation
to purchase firearm. (a) When the judge of probate of a county enters an order for the involuntary
commitment of a person pursuant to Section 22-52-10.1, and the order is for a final commitment
for inpatient treatment to the Department of Mental Health or a Veterans' Administration hospital,
or as otherwise provided by law, the judge shall immediately forward the order to the Alabama
Law Enforcement Agency and the order shall be entered in its information systems. The order
shall be forwarded to the Alabama Law Enforcement Agency in the manner as the Alabama Justice
Information Center Commission shall provide. The Alabama Law Enforcement Agency shall as soon
as possible thereafter enter the order in the National Instant Criminal Background Check System
(NICS) and the information shall be entered into...
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22-52-10.9
Section 22-52-10.9 Order finding defendant insane, mentally incompetent, etc., to be entered
into information systems; civil review. (a)(1) Upon any finding that a defendant is insane,
mentally incompetent, or not guilty by reason of mental disease or defect pursuant to Chapter
16 of Title 15, or the Alabama Rules of Criminal Procedure, the judge shall immediately forward
the order of the finding to the Alabama Law Enforcement Agency and the order shall be entered
in its information systems. The order shall be forwarded to the Alabama Law Enforcement Agency
in the manner as the Alabama Justice Information Center Commission shall provide. (2) The
Alabama Law Enforcement Agency, as soon as possible thereafter, shall enter the order in the
National Instant Criminal Background Check System (NICS) and the information shall be entered
into the NICS Index Denied Persons File. (3) The records maintained pursuant to this section
shall only be used for purposes of determining eligibility to...
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34-43-12
Section 34-43-12 Application forms; issuance of license; display of license. (a) Applications
for licensure or renewal shall be on forms provided by the board and shall be accompanied
by the proper fee. The application shall be legible, either printed in black ink or typed.
Applications sent by facsimile shall not be accepted. A two-by-two photograph, taken no more
than six months earlier, showing a frontal view of the head and shoulders of the applicant,
shall be submitted with the application. All documents shall be submitted in English. (b)
Each applicant for licensure shall be subject to a criminal history check. Refusal to consent
to a criminal history check constitutes grounds for the board to deny the applicant's application
for licensure. (c) The board shall issue a license to each person who qualifies to be a massage
therapist and to each qualified massage therapy establishment. To be qualified for a license
as a massage therapist the applicant shall successfully pass the...
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38-13-5
Section 38-13-5 Additional requirements. (a) An applicant, licensee, volunteer, or employee,
upon request, shall submit the following items: (1) Two functional, acceptable fingerprint
cards, bearing the fingerprints of the individual, properly executed by a law enforcement
agency or individual properly trained in fingerprinting techniques. (2) Written consent authorizing
the release of any criminal history background information to the Department of Human Resources.
(3) A written statement signed by the applicant, volunteer, or employee indicating whether
he or she has ever been convicted of a crime, and if so, fully disclosing all convictions.
The statement shall include a notice and questionnaire in the form required in subsection
(a) of Section 38-13-4. (4) The fee of an applicant. (b) An applicant, licensee, volunteer,
or employee shall notify the prospective or current employer, licensing agency, or entity
for whom volunteer work is being performed of any criminal convictions...
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