HB140 Alabama 2010 Session

Summary

Primary Sponsor

Chris EnglandRepresentative

Democrat

Session

Regular Session 2010

Title

Stored wire and electronic communications, transactional location records, pen registers, and trap and trace devices, federal law to be followed regarding these devices, use of such devices authorized in emergency situations relating to missing persons

Summary

HB140 aligns Alabama's rules on accessing stored communications and using pen registers or trap-trace devices with federal law, and creates emergency procedures for missing-person cases.

What This Bill Does

It requires Alabama's procedures for accessing stored wire and electronic communications and related location data to be coextensive with federal law, including for the installation and use of pen registers and trap-trace devices. It sets up emergency procedures for these devices and data in missing-person situations, and allows limited disclosure of identifying, routing, or location information when an emergency is declared. It also requires special written authorization for emergency use by designated prosecutors or attorneys and defines when such emergencies may occur.

Who It Affects

• Law enforcement agencies and prosecutors in Alabama: must follow coextensive federal procedures and may declare emergencies with written authorization to use these devices.
• Wire or electronic communications service providers and their customers: may have data disclosed or accessed under emergency rules when a missing-person emergency is declared.

Key Provisions

• Definitions, prohibitions, authorizations, and procedures for access to stored communications and location records and for installing/using pen registers and trap-and-trace devices are made coextensive with federal law (18 U.S.C. Chapters 121 and 206, and Sections 2707-2712 and 3121-3127).
• Emergency pen registers and trap-and-trace devices may be installed under federal law (18 U.S.C. §3125) if authorized in writing by the Attorney General, district attorney, or city attorney with felony-prosecution jurisdiction.
• Emergency declarations may authorize disclosure of call-identifying, routing, or signaling information that could reveal a subscriber's location, under the cited federal authorities.
• Emergencies include disappearance of an individual, missing person, or runaway child where the person may be in danger, allowing installation of devices and disclosure of location-related data as needed.
• The act becomes effective on the first day of the third month after its passage and governor approval.

AI-generated summary using openai/gpt-5-nano on Feb 24, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Electronic Monitoring Devices