SB53 Alabama 2012 Session

Summary

Primary Sponsor

Bryan Taylor

Republican

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

SB53 expands Alabama's eavesdropping laws to make it illegal to use or possess devices to access or intercept cell phone communications, with updated definitions and penalties.

What This Bill Does

It adds the use of an eavesdropping device to access or intercept communications on a personal cell phone to the list of criminal acts. It updates definitions for eavesdropping devices and personal telecommunication devices to cover these new situations. It keeps existing crimes for installing or possessing eavesdropping devices and assigns penalties (eavesdropping on personal devices is a Class A misdemeanor; installing devices remains a Class C felony; possessing devices remains a Class A misdemeanor). It also notes the bill is designed as a new crime and includes a clause about local-fund expenditure rules under the state constitution. Finally, it specifies when the law would take effect after passage and governor approval.

Who It Affects

• Potential offenders who install, possess, or use eavesdropping devices to access cell phone communications would face criminal penalties and new definitions.
• People who use personal cell phones and others communicating by phone or electronic means would gain protection from interception of their communications, since using such a device to intercept would be illegal.

Key Provisions

• Definition updates: eavesdrop, eavesdropping device, and personal telecommunication device are broadened to include accessing or intercepting communications from personal devices like cell phones.
• New crime: using an eavesdropping device to access or intercept communications on a personal telecommunication device (cell phone) without consent becomes criminal eavesdropping (Class A misdemeanor).
• Installing an eavesdropping device in a private place or in a personal telecommunication device with intent to eavesdrop remains, with prima facie evidence of knowledge of intended eavesdropping (Class C felony for installation).
• Criminal possession of an eavesdropping device remains (Class A misdemeanor) for possessing, manufacturing, sending, or transporting such a device when there is intent to eavesdrop or knowledge that it will be used to eavesdrop.
• Constitutional note: the bill is described as defining a new crime or amending an existing crime, and is treated as exempt from certain local-fund expenditure rules under Amendment 621 (Section 111.05).
• Effective date: the act takes effect on the first day of the third month after it passes and is approved by the Governor.

AI-generated summary using openai/gpt-5-nano on Feb 25, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Crimes and Offenses