HB275 Alabama 2019 Session

Summary

Primary Sponsor

Rex ReynoldsRepresentative

Republican

Session

Regular Session 2019

Title

Wiretapping, interception of wire, oral, or electronic communications, Attorney General authorized to apply for court order for intercept and to appy for intercept orders, disclosure of recorded communications, penalties for violations, Secs. 20-2A-1 to 20-2A-15, inclusive, added; Sec. 15-5-40 am'd.

Summary

HB 275 would create a new framework allowing the Attorney General to seek court orders to intercept certain communications in felony drug cases and set rules for how interceptions are conducted, stored, disclosed, and punished.

What This Bill Does

It authorizes the Attorney General to apply to a circuit court judge for intercept orders if there is probable cause that someone is committing, has committed, or is about to commit felony drug offenses. It details what must be in an intercept order, how interceptions are to be carried out, and how long they can last (up to 30 days, with possible extensions). It requires recording and sealing of intercepts, keeps recordings for at least 10 years, and imposes penalties for unauthorized disclosures, while allowing limited disclosures among law enforcement and with proper legal safeguards. It also creates penalties for misuse, provides for civil actions for violations, adds an administrative subpoena power for records in drug investigations, and aligns pen register/trap-and-trace rules with federal law; it also includes local-funding provisions and an effective-date clause.

Who It Affects

• Individuals suspected or involved in felony drug offenses, whose wire, oral, or electronic communications could be intercepted and recorded under an intercept order.
• Law enforcement agencies and personnel (including the Attorney General, Alabama State Law Enforcement Agency, prosecutors, and judges) who implement, supervise, and respond to intercept orders, manage records, and handle related costs and procedures.

Key Provisions

• Adds Chapter 2A to Title 20 authorizing the Attorney General to seek ex parte intercept orders from a circuit court judge when there is probable cause tied to felony drug offenses.
• Specifies the information that must be in an intercept order, the defined means of interception, and the locations and types of communications that may be intercepted.
• Allows extensions of intercept orders, but limits the total interception period to no more than 30 days per order or extension.
• Requires recording of intercepted communications, seals the recordings, and prohibits destruction for at least 10 years after expiration; allows duplication for investigation with custody rules.
• Gives investigative officers the ability to request intercept orders via a written affidavit to the Attorney General; the AG reviews and may submit or decline the application.
• Imposes civil and criminal penalties for unauthorized disclosure or use of intercepted communications; creates penalties for possession or operation of interception devices.
• Permits limited disclosure to other law enforcement and for testimony, while protecting privileges and requiring proper handling of sealed materials.
• Seals applications, orders, and related materials; provides procedures for inventory and potential disclosure for justice.
• Creates civil remedies for interception violations under §20-2A-12 and outlines procedures related to suppression of evidence obtained from intercepts.
• Expands 15-5-40 to authorize administrative subpoenas for business records related to local drug investigations, aligning with federal pen register/trap and trace provisions.
• Notes that the bill would involve new local expenditures but contains exceptions under Amendment 621; effective date is the first day of the third month after passage, with other transitional provisions.

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

Subjects

Wiretapping