HB186 Alabama 2014 Session

Summary

Primary Sponsor

Allen Treadaway Representative

Republican

Session

Regular Session 2014

Title

Interception of wire, oral, or electronic communications, Attorney General authorized to apply for court order for approval of, procedures and limitations for intercept orders, emergency interceptions, disclosure of recorded communications, appeals, penalties for violations, Child Protection and Safe Streets Act, Secs. 15-5-41 to 15-5-47, inclusive, added

Description

This bill would authorize the Attorney General to request approval from a Judge of the Court of Criminal Appeals to intercept any wire, oral, or electronic communication if there is probable cause to believe that an individual is committing, has committed, or is about to commit certain crimes.

This bill would specify the procedures for obtaining an intercept order, the information that must be included in an intercept order, the limitations of an intercept order, and the means by which the communication is to be intercepted.

This bill would provide for the extension of intercept orders under certain conditions and would prohibit the destruction of recorded communications for a specified time frame.

This bill would also provide for the emergency interception of wire, oral, or electronic communications under limited circumstances without an intercept order.

This bill would allow the head of any state law enforcement agency, any district attorney, or any federal law enforcement agency to submit a written request to the Attorney General requesting that the Attorney General apply for an intercept order.

This bill would specify under what conditions recorded communications may be disclosed and would provide criminal penalties for certain unauthorized disclosures.

This bill would also allow the Attorney General to appeal an order granting a motion to suppress the contents of a recorded communication or an order denying an application for an intercept order.

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.

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Subjects

Law Enforcement