HB275 Alabama 2019 Session

Summary

Primary Sponsor

Rex Reynolds Representative

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.

Description

This bill would authorize the Attorney General to submit an application to a circuit court judge to intercept any wire, oral, or electronic communication if there is probable cause to believe an individual is committing, has committed, or is about to commit certain felony drug offenses.

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 allow an investigative officer with the Alabama State Law Enforcement Agency to submit a written request to the Attorney General requesting the Attorney General apply for an intercept order.

This bill would specify under what conditions recorded communications may be disclosed and would provide civil and criminal penalties for certain unauthorized disclosures.

This bill would also provide for the sealing of certain records relating to the use of pen registers and trap and trace devices and would provide penalties for unauthorized disclosures.

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.

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Subjects

Wiretapping