HB292 Alabama 2015 Session

Summary

Primary Sponsor

Chris EnglandRepresentative

Democrat

Session

Regular Session 2015

Title

Tracking devices, warrant for installation by certain judges, authorized, crimes of unlawfully installing a tracking device, created, penalties

Summary

HB292 creates a legal framework allowing judges to issue warrants for installing, using, or monitoring tracking devices and makes unlawful installation a crime.

What This Bill Does

The bill authorizes circuit or district judges to issue warrants to install, retrieve, maintain, use, or monitor a tracking device on a person or object. It sets detailed warrant requirements (probable cause, identification, description, and a time limit of up to 45 days with possible extensions), specifies access rules to buildings, and requires installation and markup timelines, notice, and return procedures. It also creates the crime of unlawfully installing a tracking device (Class A misdemeanor) and provides certain exceptions for businesses and manufacturers. Additionally, it addresses local-funds expenditure rules by clarifying the bill qualifies for an exception and becomes law without requiring local entity approval under Amendment 621.

Who It Affects

• Law enforcement agencies and prosecutors: gain authority to seek and execute warrants to install, monitor, and retrieve tracking devices under defined procedures.
• People or property that could be tracked (and their families): may be tracked only with a court warrant, receive possible notices after surveillance, and have protections such as sealed documents and potential delays in notice in certain situations.

Key Provisions

• Authorized circuit or district judges may issue warrants to install, retrieve, maintain, use, or monitor a tracking device; defines tracking device as any electronic or mechanical device that can track movement.
• Warrant requirements include probable cause, identification of involved person/object, and a description of who or what is tracked; duration up to 45 days with possible extensions for renewed probable cause; access to buildings limited to stated conditions.
• Warrant must specify installation within 10 days, and a written return and inventory within 10 days after use ends; service of notice to the tracked person is required, with defined methods.
• Monitoring allowed at any time and may occur from anywhere in or outside Alabama; access to locations may be allowed during daytime or nighttime as specified, with certain exceptions.
• Notice to the tracked person may be delayed for up to 90 days if adverse results are shown; extensions possible in 90-day increments with ongoing need demonstrated.
• Unlawful installation of a tracking device becomes a Class A misdemeanor; explicit exceptions allow certain business, vehicle, and manufacturing uses of tracking devices.
• Section 2 provides that the bill is exempt from Amendment 621 local-funds requirements because it creates a new crime, so no local-entity 2/3 vote or approval is required for effectiveness.
• Section 3 establishes the act’s effective date as the first day of the third month after passage and governor approval.

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

Subjects

Tracking Devices