SB26 Alabama 2022 Session

Summary

Primary Sponsor

Tom ButlerSenator

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

SB26 creates a framework for the Attorney General to obtain court orders to intercept wire or electronic communications in felony drug cases and sets rules for how intercepts are obtained, stored, disclosed, and challenged.

What This Bill Does

It authorizes the Attorney General to seek ex parte intercept orders in circuit court if there is probable cause a person is committing, has committed, or is about to commit felony drug offenses. It specifies detailed procedures and contents required for intercept orders, limits the interception period to 30 days (with possible extensions of up to 30 days), and requires recording and safeguards to minimize collection of unnecessary communications. It also governs storage, destruction timelines (no destruction for at least 10 years), disclosure restrictions and penalties for unauthorized disclosure, civil remedies for aggrieved parties, and reporting requirements; it includes an administrative subpoena power and an exemption from local funding approval requirements under Amendment 621.

Who It Affects

• Law enforcement agencies and personnel (Attorney General, Alabama State Law Enforcement Agency, investigative officers, prosecutors) who gain authority to apply for intercept orders, operate interception devices, audit, and report on intercepts.
• Individuals whose communications may be intercepted and the entities that assist interception (e.g., service providers), who face privacy protections, potential civil damages for violations, and rules on handling, disclosure, and admissibility of intercepted communications.

Key Provisions

• Creates Chapter 2A to authorize the Attorney General to apply for circuit court intercept orders for wire or electronic communications in felony drug offenses.
• Defines key terms (e.g., intercept, investigative officer, contents) and outlines the required affidavit and information in order applications, including offense details, location, type of communication, and justification for using intercept procedures.
• Allows ex parte intercept orders if probable cause exists and specific conditions are met; requires descriptions of facilities, type of communication, and duration of the intercept.
• Imposes a 30-day limit on intercepts and extensions; requires steps to minimize interception of unrelated communications and allows periodic progress reports to the issuing judge.
• Requires recording of intercepted communications, sealing and retention for at least 10 years after the order expires, and defines custody and destruction procedures.
• Regulates disclosure of recorded communications, outlines penalties for unauthorized disclosures, and provides civil remedies for aggrieved individuals; permits certain disclosures among law enforcement with proper authorization.
• Establishes penalties for violations (contempt of court; Class C felony for possessing, installing, operating, or monitoring interception devices) and provides a good-faith defense based on court orders.
• Authorizes administrative subpoenas to obtain business records necessary for investigations involving felony drug offenses.
• Requires annual reporting to federal and state authorities on intercepts, costs, arrests, trials, and outcomes; includes cost and personnel reporting for state agencies.
• Specifies an exemption from Amendment 621 local expenditure vote requirements, noting the bill does not require local approval because it defines or amends crimes.
• 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