This bill would provide that any judge authorized to issue a search warrant pursuant to the Alabama Rules of Criminal Procedure may issue a warrant for the installation, removal, maintenance, use, or monitoring of a tracking device.
Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, prohibits a general law whose purpose or effect would be to require a new or increased expenditure of local funds from becoming effective with regard to a local governmental entity without enactment by a 2/3 vote unless: it comes within one of a number of specified exceptions; it is approved by the affected entity; or the Legislature appropriates funds, or provides a local source of revenue, to the entity for the purpose.
The purpose or effect of this bill would be to require a new or increased expenditure of local funds within the meaning of the amendment. However, the bill does not require approval of a local governmental entity or enactment by a 2/3 vote to become effective because it comes within one of the specified exceptions contained in the amendment.
Pending third reading on day 29 Favorable from Judiciary
Holtzclaw motion to table Ross motion to recommit adopted Roll Call 841
Ross motion to recommit
Read for the second time and placed on the calendar
Bussman motion to table Smitherman motion to rerefer adopted Roll Call 694
Smitherman motion to rerefer
Read for the first time and referred to the Senate committee on Judiciary
Engrossed
Motion to Read a Third Time and Pass adopted Roll Call 769
Motion to Adopt adopted Roll Call 768
Judiciary first Substitute Offered
Third Reading Passed
Read for the second time and placed on the calendar with 1 substitute and
Read for the first time and referred to the House of Representatives committee on Judiciary
Source: Alabama Legislature