SB71 Alabama 2021 Session

Summary

Primary Sponsor

Tom ButlerSenator

Republican

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

SB71 would create a new Alabama law allowing the Attorney General to seek court orders to intercept wire or electronic communications in certain felony drug cases, with detailed rules for orders, retention, and disclosures.

What This Bill Does

The bill authorizes the Attorney General to apply for intercept orders in felony drug offenses, lays out what must be in the order and how the intercept works, and limits intercepts to certain timeframes. It requires recording and long-term retention of intercepted communications, with sealed records and rules for when they can be disclosed, plus penalties for unauthorized disclosures and civil remedies for violators. It also introduces related tools and updates, such as administrative subpoenas for records, alignment of pen register rules with federal law, annual reporting requirements, and a new felony for improper handling of interception devices.

Who It Affects

• Law enforcement agencies and the Attorney General's office, which would gain authority to request, carry out, audit, and report on intercepts, and who must comply with the new procedures.
• Individuals and organizations whose communications could be intercepted, including suspects and aggrieved persons, who would have rights to due process, potential civil remedies for unlawful intercepts, and protections around sealing and long-term retention of records.

Key Provisions

• Adds Chapter 20-2A to authorize the AG to obtain intercept orders for felony drug offenses and defines key terms (e.g., investigative officer, intercept, contents).
• Outlines the process: investigators request the Secretary to apply, the Secretary and AG approve, then a circuit court judge may issue an ex parte intercept order with specified affidavit contents.
• Interrov: Intercept orders may run up to 30 days, with possible extensions of up to 30 days, and must specify identity, location, type of communication, issuing agency, and duration.
• Retention and destruction: contents must be recorded, kept securely, sealed, and not destroyed until at least 10 years after expiration of the order and extensions; violations are contempt of court.
• Disclosure restrictions and penalties: records may be disclosed only under defined conditions; civil and criminal penalties for unauthorized disclosures; good faith reliance on a court order is a defense.
• Civil remedies and penalties: individuals can sue for damages and attorneys’ fees for violations; possession or operation of interception devices by unauthorized persons is a Class C felony; exemptions for private intercepts by subscribers or households.
• Administrative subpoenas: the Secretary can issue subpoenas to obtain local or toll records and subscriber information for active felony drug investigations.
• Conforms Alabama’s pen register/trap-and-trace provisions to federal law and expands emergency provisions for certain missing-person scenarios.
• Annual reporting: judges and AG must report interception activity to federal and state offices; the Secretary must report costs and personnel to state courts.
• Effective date: becomes law on the first day of the third month after passage and gubernatorial approval.

AI-generated summary using openai/gpt-5-nano on Feb 23, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Wiretapping