HB47 Alabama 2014 Session

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

This bill would also establish the crime of unlawfully installing a tracking device if any person installs a tracking device without following the procedures of the act and would provide certain exceptions

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

Relating to criminal surveillance; to provide that an authorized judge may issue a warrant for the installation, removal, maintenance, use, and monitoring of a tracking device; to provide for the crime of unlawfully installing a tracking device; 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.