HB17 Alabama 2021 Session

Summary

Primary Sponsor

Rex ReynoldsRepresentative

Republican

Co-Sponsors

Proncey RobertsonShane StringerAndy Whitt

Session

Regular Session 2021

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

HB17 creates the Agent Billy Clardy III Act to let the Attorney General seek court orders to intercept wire or electronic drug-offense communications, with defined procedures, retention rules, and penalties, and updates related stored communications rules.

What This Bill Does

The bill authorizes the Attorney General to apply to circuit court judges for intercept orders in felony drug offenses, and specifies what must be included in the application and order. It sets maximum interception periods (no more than 30 days per order, with possible 30-day extensions) and requires minimization of intercepts and compensation for providers, along with recording and later retention rules. It creates civil and criminal penalties for improper interceptions or disclosures, outlines admissibility and suppression rights for intercepted material, and updates state law to align with federal rules on stored communications and emergency pen registers/trap and trace. It also adds administrative subpoena authority and requires annual reporting on intercept activity, while noting local-fund implications under the constitution.

Who It Affects

• Law enforcement and state agencies (Attorney General, Secretary of the Alabama State Law Enforcement Agency, investigative officers, and judges) who would initiate, approve, conduct, oversee, audit, and adjudicate intercept orders, and who must handle records and training.
• Communication carriers/service providers and individuals whose communications are intercepted (including those who may rely on the rights and protections for intercepts, as well as those who could be subjected to civil actions for violations and who must cooperate with authorized intercepts).

Key Provisions

• Creates Chapter 2A in Title 20 and authorizes the Attorney General to seek circuit court intercept orders for felony drug offenses with probable cause.
• Defines key terms (AGENCY, INTERCEPT, CONTENTS, ELECTRONIC COMMUNICATION, INVESTIGATIVE OFFICER, WIRE COMMUNICATION, etc.) and sets who may install/monitor interception devices (only investigative officers, with ASLEA audits; carriers may assist).
• Requires the Secretary to process requests and the Attorney General to decide whether to file for an intercept order, with a detailed affidavit including offense details, location, duration, prior attempts, and extension results.
• Intercept orders may be issued ex parte by a judge if probable cause is shown and procedures are followed; orders must specify targets, facilities, type of communication, issuing agency, and authorized period.
• Interceptions must be conducted to minimize disruption to other communications; carriers and custodians must provide necessary facilities and may be reimbursed for reasonable expenses; the intercept period cannot exceed 30 days and may be extended under the same rules.
• Contents of intercepted communications must be recorded and kept with safeguards against alteration; recordings are sealed after expiration and may not be destroyed for at least 10 years unless ordered by the issuing judge; duplicates may be made for investigators.
• Public trial use of intercepted information requires a copy of the order and application 10 days before trial; suppression can be sought if interception was unlawful or improperly authorized; in-camera hearings may be ordered for suppression.
• Establishes civil liability for unlawful interception or disclosure, provides a good-faith defense, and creates felony penalties for possessing or operating interception devices; outlines permissible disclosures among law enforcement and restricted parties.
• Adds Section 15-5-40 to align stored wire and electronic communications and pen-register rules with federal law, including emergency pen registers and trap-and-trace provisions and related secrecy and destruction rules.
• Implements annual and agency reporting of intercept activity to federal and state judicial authorities, and clarifies that the bill falls under local-fund considerations with constitutional exceptions.
• Provides for administrative subpoenas to obtain certain local records in active felony drug investigations and includes related confidentiality and audit provisions.

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