HB391 Alabama 2012 Session

Summary

Primary Sponsor

Chris EnglandRepresentative

Democrat

Session

Regular Session 2012

Title

Telecommunications, eavesdropping, crime expanded to include installing or possessing a device for unauthorized access to certain communications in a personal telecommunication device, Secs. 13A-11-30, 13A-11-31, 13A-11-33, 13A-11-34 am'd.

Summary

The bill expands eavesdropping laws to cover using a device to access or intercept communications on personal cell phones and updates related definitions and penalties.

What This Bill Does

It adds that using an eavesdropping device to access or intercept communications on a personal telecommunication device such as a cell phone is a crime. It increases penalties for related actions: installing an eavesdropping device in a private place or in a personal device becomes a felony or misdemeanor as defined, while possession of an eavesdropping device remains a crime. It updates key definitions (eavesdrop, eavesdropping device, personal telecommunication device, private place) and notes the local-funds amendment considerations, with the act becoming effective after governor approval.

Who It Affects

• People who install or place eavesdropping devices or who possess such devices and use them to access cell phone communications would face new or enhanced crimes (felony for installing, misdemeanor for possession, and misdemeanor for eavesdropping on a personal device).
• Owners or users of personal telecommunication devices (like cell phones) who might be targeted by unauthorized interception would gain protection under the updated eavesdropping rules and could be victims of crimes if someone uses a device to intercept their communications.

Key Provisions

• Defines eavesdrop, eavesdropping device, personal telecommunication device, and private place and adds the ability to access or intercept communications from a personal telecommunication device.
• Criminal eavesdropping on a personal telecommunication device is a Class A misdemeanor; installing an eavesdropping device in a private place or in a personal telecommunication device is a Class C felony; criminal possession of an eavesdropping device is a Class A misdemeanor.
• Excludes the bill from mandatory local-funds approval under Amendment 621 because it creates or amends crimes, not just expenditures, with a stated exception for such amendments.
• Effective date: becomes law on the first day of the third month after 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

Crimes and Offenses