HB186 Alabama 2014 Session

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

To add Sections 15-5-41 through 15-5-47, inclusive, to Article 3, Chapter 5, Title 15, Code of Alabama 1975, to authorize the Attorney General to request approval from a Judge of the Court of Criminal Appeals to intercept any wire, oral, or electronic communication under certain conditions; to 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; to provide for the extension of intercept orders under certain conditions; to prohibit the destruction of recorded communications for a specified time frame; to provide the Attorney General with rulemaking authority; to provide for the emergency interception of communications under certain conditions; to allow other state and federal law enforcement agencies to request that the Attorney General apply for an intercept order; to specify under what conditions recorded communications may be disclosed; to provide criminal penalties for violations; to provide for the appeal of intercept orders or orders suppressing evidence derived thereof; and in connection therewith would have as its purpose or effect the requirement of a new or increased expenditure of local funds within the meaning of 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.