HB81 Alabama 2012 Session

Summary

Primary Sponsor

Chris EnglandRepresentative

Democrat

Session

Regular Session 2012

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

HB81 aligns Alabama law with federal rules on stored communications and emergency location data, and enables emergency use of pen registers and trap-and-trace devices in missing-person cases.

What This Bill Does

It makes Alabama’s rules for stored communications, location records, and related devices follow the same federal standards. It allows emergency use of pen registers and trap-and-trace devices when a specially designated prosecutor authorizes it in writing, and it may disclose location-related call information during emergencies. It also sets safeguards for how orders can be issued and used, including day-and-night execution, inventory limits, and a 10-day return requirement after an order ends.

Who It Affects

• Law enforcement agencies and investigators, who can install emergency devices and access location data under the defined emergency conditions.
• Prosecutors (Attorney General, district attorney, or city attorney), who must specially authorize in writing the use of emergency devices.
• Wire or electronic communications service providers, who may be required to assist and provide information under these orders.
• Subscribers, customers, or users of wire or electronic communications services, whose location and call-identifying information may be disclosed in emergencies.
• The general public in scenarios involving missing persons or other emergencies where there is danger.

Key Provisions

• Coextensive adoption of certain federal law on stored communications, transactional records, pen registers, and trap-and-trace devices (referencing 18 U.S.C. chapters 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) with written authorization from a designated Prosecutor (AG, DA, or city attorney).
• Emergency disclosures may include call-identifying information that could reveal a subscriber’s location during emergencies.
• Emergency declarations cover disappearance, runaway child, or missing person risks where danger is possible, justifying device use and data disclosure.
• Orders or warrants under this section can be prospective and may be executed day or night; inventory of obtained electronic information must be limited to describing seized physical media, and orders must be returned within 10 days after expiration.
• The act becomes effective 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

Electronic Monitoring Devices