HB186 Alabama 2014 Session

Summary

Primary Sponsor

Allen TreadawayRepresentative

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

Summary

HB186 would let Alabama's Attorney General seek court orders to intercept wire, oral, or electronic communications in major crime cases, with detailed procedures, emergency rules, penalties, and local-funding considerations.

What This Bill Does

It creates a formal process for the Attorney General to apply to a judge on the Court of Criminal Appeals for intercept orders when there is probable cause of a major crime and a belief that communications will be obtained. It specifies what must be included in an intercept order, how long interceptions can last (generally up to 30 days, with extensions up to 30 days), and how interceptions should be conducted to minimize capture of unrelated or privileged communications. It allows emergency interceptions without an order in limited urgent situations, with a requirement to obtain an order within 48 hours, and it lets other state or federal agencies request the AG to apply for an intercept order. It requires recording and keeping intercepted communications for 10 years, imposes penalties for improper disclosures, and provides avenues for appeals of orders or denials and for continuation of cooperation between agencies.

Who It Affects

• State and federal law enforcement agencies, including state agencies, district attorneys, and federal agencies, who may submit requests to the Attorney General and rely on intercept orders to conduct investigations.
• Persons whose communications may be intercepted (suspects in major crimes) and the providers of wire or electronic communications who must comply with intercept orders and handle recorded information under strict disclosure and storage rules.

Key Provisions

• Creates new sections (15-5-41 to 15-5-47) to establish the intercept framework and definitions for use in major crime investigations.
• Authorizes the Attorney General to apply for intercept orders from a Judge of the Court of Criminal Appeals when there is probable cause a major crime is or will be involved.
• Specifies required contents of an intercept order (identity, description of facilities, type of communication, and requesting agency) and conditions for the order, including probable cause and reasons why other investigative methods may fail.
• Limits intercepts to 30 days, allows extensions up to 30 days, and requires minimization to protect non-target communications and privileges.
• Allows emergency interceptions without an order in specific urgent cases (e.g., imminent danger, disappearance) with a 48-hour filing window for an order and post-interception handling rules if the order is denied or the interception ends.
• Requires recordings of intercepted communications to be kept for 10 years, with controlled custody and rules about destruction and disclosure, including penalties for improper disclosures.
• Permits certain disclosures to other law enforcement and for testimony, and provides defenses for good-faith reliance on intercept orders; admissibility of properly obtained evidence is allowed.
• Gives the Attorney General authority to appeal orders denying an intercept application or suppressing intercepted contents; outlines special appellate procedures.
• Assigns the Attorney General ownership and control of interception equipment and provides for statewide training and supervision of related activities.
• States that this act is exempt from certain local-funding requirements in Amendment 621 due to specific exceptions, and clarifies funding implications.

AI-generated summary using openai/gpt-5-nano on Feb 24, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Law Enforcement