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HB87 Alabama 2013 Session

Updated Feb 27, 2026
Notable

Summary

Session
Regular Session 2013
Title
Criminal Procedure, criminal surveillance, judge authorized to issue warrant for installation, removal, maintenance, use, and monitoring of tracking device upon written application of law enforcement officer or district attorney
Summary

HB87 would let authorized judges issue warrants to install, remove, maintain, or monitor tracking devices in criminal investigations and create a crime for unlawfully installing such devices.

What This Bill Does

HB87 would allow judges to issue warrants to install, remove, maintain, use, or monitor tracking devices upon sworn written applications from law enforcement officers, district attorneys, or the Attorney General. Warrants must show probable cause, clearly identify who or what will be tracked, describe the tracked item, and specify a tracking period up to 45 days with possible extensions; they may authorize entry into buildings for installation or maintenance. The bill also establishes penalties for unlawfully installing a tracking device (Class A misdemeanor) and allows monitoring of such devices across Alabama, with procedures for notice and removal.

Who It Affects
  • Law enforcement officers, district attorneys, and attorneys general staff who issue, execute, and oversee tracking-device warrants.
  • Individuals or property that could be tracked (and their privacy), who may be subject to tracking, notice requirements, and potential monitoring across Alabama.
Key Provisions
  • Authorized judges may issue warrants to install, remove, maintain, use, or monitor a tracking device upon sworn written application by a law enforcement officer, district attorney, or attorney general staff.
  • A tracking device warrant must identify the person or object to be tracked and describe the item with particularity, show probable cause, and specify the tracking period (not to exceed 45 days, with possible extensions).
  • The warrant may authorize access to buildings or structures for installation, maintenance, or retrieval, and requires installation within 10 days and a device inventory return within 10 days after use.
  • Notice to the tracked person or property owner may be delayed for up to 90 days if there is an adverse result, with possible extensions and later final notice upon arrest or as allowed by the court.
  • The device may be monitored anywhere in Alabama (and even if moved outside the state), and the warrant is sealed until notice is given.
  • Unlawful installation of a tracking device is a Class A misdemeanor; there are carve-outs allowing business entities or private individuals to install devices on property they own or operate.
  • The bill is exempt from the local-funds expenditure requirement of Amendment 621 due to specific exceptions or because it creates a new crime, and it becomes law on the first day of the third month after passage.
AI-generated summary using openai/gpt-5-nano on Feb 24, 2026. May contain errors — refer to the official bill text for accuracy.
Subjects
Criminal Law and Procedure

Bill Actions

S

Pending third reading on day 29 Favorable from Judiciary

S

Holtzclaw motion to table Ross motion to recommit adopted Roll Call 841

S

Ross motion to recommit

S

Read for the second time and placed on the calendar

S

Bussman motion to table Smitherman motion to rerefer adopted Roll Call 694

S

Smitherman motion to rerefer

S

Read for the first time and referred to the Senate committee on Judiciary

H

Engrossed

H

Motion to Read a Third Time and Pass adopted Roll Call 769

H

Motion to Adopt adopted Roll Call 768

H

Judiciary first Substitute Offered

H

Third Reading Passed

H

Read for the second time and placed on the calendar with 1 substitute and

H

Read for the first time and referred to the House of Representatives committee on Judiciary

Bill Text

Votes

Motion to Read a Third Time and Pass

April 25, 2013 House Passed
Yes 98
No 1
Absent 5

Bussman motion to table Smitherman motion to rerefer

May 2, 2013 Senate Passed
Yes 17
No 8
Absent 10

Holtzclaw motion to table Ross motion to recommit

May 7, 2013 Senate Passed
Yes 20
No 9
Absent 6

Documents

Source: Alabama Legislature