HB14 Alabama 2020 Session

Summary

Primary Sponsor

Rex ReynoldsRepresentative

Republican

Session

Regular Session 2020

Title

ALEA, felony drug trafficking wiretapping, interception of wire, oral, or electronic communications, Attorney General to authorize to apply for court order for intercept and to apply 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 14 adds a new Alabama law allowing the Attorney General to seek court orders to intercept wire and electronic communications in felony drug cases, with rules for how intercepts are obtained, stored, disclosed, and punished.

What This Bill Does

The bill lets the Attorney General apply to circuit court judges for intercept orders when there is probable cause that someone is committing, has committed, or is about to commit certain felony drug offenses. It details what must be in an intercept order, how long it can last (up to 30 days, with possible 30-day extensions), and how the interception should be conducted to minimize unrelated communications. It requires recording and sealing of intercepted contents, outlines who may obtain and disclose information, creates penalties for unauthorized disclosures, allows civil lawsuits for violations, and sets up procedures for carriers and law enforcement to cooperate (including compensation for services). It also updates pen registers and trap-and-trace rules to align with federal law, provides for administrative subpoenas, and notes that the bill is exempt from certain local-funding approval requirements due to specified exceptions.

Who It Affects

• Law enforcement officials and state agencies (including the Attorney General, investigative officers, and the Alabama State Law Enforcement Agency) who obtain, monitor, and manage intercepts, request orders, perform audits, and file required reports.
• Communication carriers, other service providers, and individuals whose communications may be intercepted (or disclosed) who must provide assistance, face potential civil penalties for improper disclosures, and are subject to retention and confidentiality rules.

Key Provisions

• Creates Chapter 2A in Title 20 to authorize interception of wire or electronic communications in felony drug cases and defines key terms (agency, contents, intercept, etc.).
• Allows the Attorney General to request an intercept order from a circuit court judge based on a detailed affidavit, after review by the AG and with a formal process for the secretary and investigative officers.
• Intercept orders are narrowly tailored: specify the target, location and type of communications, issuing agency, and duration; may be extended in 30-day increments but not exceed necessary time or 30 days per extension; must minimize interception of non-target communications.
• Interceptions must be recorded, kept secure, and stored for at least 10 years after expiration of the order and extensions; recordings are sealed and may be inspected only under court rules; destruction requires a judge's order.
• Disclosures of intercepted contents are limited and regulated; civil and criminal penalties apply for unauthorized disclosures; good faith reliance on a court order is a defense in civil actions.
• Pen registers, trap-and-trace devices, and related records storage are governed to align with federal law; emergency provisions and administrative subpoenas allow obtaining certain records in felony investigations of controlled substances offenses.
• Penalties include a Class C felony for knowingly possessing, installing, or operating interception devices; exemptions cover subscribers intercepting their own communications and certain routine carrier activities.
• Section 15-5-40 is amended to coextend with federal law on stored communications and to address emergency and storage provisions; annual reporting requirements are established to both state and federal bodies; local-funding expenditure rules are noted as exempt under specified exceptions.

AI-generated summary using openai/gpt-5-nano on Feb 22, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Wiretapping