HB17 Alabama 2022 Session

Summary

Primary Sponsor

Rex ReynoldsRepresentative

Republican

Session

Regular Session 2022

Title

Drug trafficking, wiretapping by ALEA, interception of wire, oral, or electronic communications, Attorney General authorized 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

Summary

HB17 creates a new Agent Billy Clardy III Act that allows court-ordered interception of wire or electronic communications in felony drug cases, with strict procedures, device controls, retention rules, civil penalties, and a sunset.

What This Bill Does

It authorizes the Attorney General to apply for intercept orders from circuit court judges in specified felony drug offenses, with defined steps, contents, and time limits. It restricts who may own or operate interception devices (ALSA owns devices; only investigative officers may install, operate, or monitor them) and requires agency audits. It sets recording, sealing, and long-term retention rules for intercepted content, outlines disclosure allowances and suppression rights, and establishes civil and criminal penalties for violations. It also adds an administrative subpoena authority to obtain certain toll and subscriber records in felony drug investigations and includes a sunset provision that the chapter expires in 2026 unless extended.

Who It Affects

• Investigative officers and the Alabama State Law Enforcement Agency: gain authority to install/operate interception devices under trained supervision and must undergo audits.
• Attorney General’s Office and the judiciary (circuit court judges): process applications for intercept orders, issue orders, require progress reports, and oversee extensions and compliance.
• Communication carriers and service providers (and custodians): must provide facilities and assistance for interceptions and be compensated; required to retain and protect recordings.
• Aggrieved individuals and defendants whose communications are intercepted (and their counsel): may move to suppress intercepted evidence and may pursue civil damages for violations.
• Subscribers and households (limited exemptions): intercepts involving a subscriber’s own line or a household member in the home are largely exempt from the chapter’s application.
• Law enforcement and public safety entities conducting felony drug investigations: gain a new tool and process for obtaining evidence, plus reporting and cost implications.

Key Provisions

• Establishes Chapter 2A in Title 20 and names the act the Agent Billy Clardy III Act, authorizing AG to seek intercept orders in felony drug offenses.
• Defines key terms (e.g., AGENCY, AGGRIEVED INDIVIDUAL, INTERCEPT, INVESTIGATIVE OFFICER, JUDGE OF COMPETENT JURISDICTION, etc.).
• Authorizes written requests by investigative officers to the Secretary, who may then request the AG to apply for an intercept order, with an affidavit containing specific details.
• Allows ex parte intercept orders if the judge finds probable cause, targeted communications will be obtained, and normal procedures have failed or are dangerous; orders specify offense and interception scope, duration, and responsible agency.
• Orders must require cooperation from carriers/service providers to unobtrusively intercept with minimal interference and include compensation for facilities or assistance.
• Interception is limited to 30 days per order (extensions also capped at 30 days) and must terminate when the objective is achieved or the period ends; extensions require proper justification.
• Contents and handling of intercepted material: recordings must be preserved securely, sealed after expiration, and kept for at least 10 years; duplications may be made for investigation purposes.
• Sealing, inventory, and disclosure rules require court orders to be sealed and provide procedures for limited disclosure to affected parties; suppression hearings may occur in private, with in-camera review if requested.
• Civil and criminal penalties for violations, plus a good-faith defense if relying on a court order; unauthorized possession or use of interception devices is a Class C felony.
• Intercepted materials must be admissible only if parties are given a copy of the order and application at least 10 days before trial (with possible short delay for prejudice-free exceptions).
• Administrative subpoena power (§15) allows production of toll records or subscriber information in active felony drug investigations conducted by a special agent.
• Sunset/expiration: Chapter 2A repeals on February 1, 2026 unless extended by the Legislature; effective date is February 1, 2023.

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