HB47 Alabama 2014 Session

Summary

Primary Sponsor

Chris EnglandRepresentative

Democrat

Session

Regular Session 2014

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

HB47 would let judges issue warrants to install and monitor tracking devices and create a crime for unlawfully installing one, while addressing local-funding rules.

What This Bill Does

If enacted, a judge authorized to issue search warrants could issue a warrant to install, remove, maintain, use, or monitor a tracking device upon a written, sworn application from law enforcement, a district attorney, or the Attorney General. The warrant must identify the tracked person or object, describe what is tracked, and set a tracking period up to 45 days (with possible extensions). It would allow installation and monitoring to occur day or night, require installation within 10 days, and require notice to the tracked person with various options to delay notice for safety or investigation, up to 90 days or longer with extensions. It would also create a new crime of unlawfully installing a tracking device (Class A misdemeanor) and state that the bill is exempt from local-funds requirements under Amendment 621 because it defines a new crime.

Who It Affects

• Law enforcement agencies and prosecutors would gain authority to obtain and execute warrants for tracking devices and conduct related surveillance under defined procedures.
• Individuals or property owners who may be tracked would have protections and obligations related to notice, identification, and the possibility of delayed notice for safety or investigation purposes.

Key Provisions

• Defines tracking device and authorizes a warrant to install, remove, maintain, use, and monitor a tracking device upon written, sworn application by a law enforcement officer, district attorney, or Attorney General.
• Warrant contents require probable cause, identification of the person or object, a description of what is tracked, and a tracking period not to exceed 45 days with possible extensions; installation and access to the tracked area are authorized for limited purposes.
• Installation must occur within 10 days; a written inventory must be returned, and the tracked person or property must be served with notice; notice to the tracked party may be delayed for safety or investigative reasons, with time limits and possible extensions.
• Monitoring can occur from anywhere in Alabama; removal should occur as soon as practicable after authorization ends; if removal isn’t practicable, monitoring ends at expiration.
• Creates the crime of unlawfully installing a tracking device (Class A misdemeanor) with exceptions for certain business or personal uses.
• Section clarifies that although the bill could involve local funds, it is exempt from Amendment 621 local-funding requirements because it creates or amends a crime.

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