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AL HB186
Bill
Status
1/14/2014
Primary Sponsor
Allen Treadaway
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AI Summary
HB186 Summary
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Authorizes the Alabama Attorney General to request approval from a Court of Criminal Appeals judge to intercept wire, oral, or electronic communications upon probable cause that an individual is committing, has committed, or is about to commit "major crimes" including murder, kidnapping, human trafficking, child sex offenses, and felony drug offenses.
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Establishes intercept order procedures including required information, limitations to 30 days maximum (extendable for additional 30-day periods), minimization of non-relevant communications, and mandatory recording and 10-year retention of intercepted contents.
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Permits emergency interception without a court order in situations involving immediate danger of death, serious physical injury, rape, sexual abuse, or missing persons, provided an application is filed within 48 hours.
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Allows state law enforcement agency heads, district attorneys, and federal law enforcement agencies to request the Attorney General apply for intercept orders, with the Attorney General maintaining discretion to decline and district attorneys able to seek orders directly if declined.
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Authorizes disclosure of intercepted communications to law enforcement for official duties and in court proceedings, imposes Class C felony penalties for unauthorized disclosure by service providers, and grants the Attorney General appeal rights for orders granting suppression motions or denying applications.
Legislative Description
Interception of wire, oral, or electronic communications, Attorney General authorized to apply for court order for approval of, procedures and limitations for intercept orders, emergency interceptions, disclosure of recorded communications, appeals, penalties for violations, Child Protection and Safe Streets Act, Secs. 15-5-41 to 15-5-47, inclusive, added
Law Enforcement
Last Action
Read for the first time and referred to the House of Representatives committee on Public Safety and Homeland Security
1/14/2014