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AL HB275
Bill
Status
3/21/2019
Primary Sponsor
Rex Reynolds
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AI Summary
HB275 Summary
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Authorizes the Alabama Attorney General to apply to circuit court judges for orders to intercept wire, oral, or electronic communications when probable cause exists that an individual is committing, has committed, or is about to commit felony drug offenses under Article 5, Section 13A-12-201 et seq.
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Establishes procedures for obtaining intercept orders, including required affidavit contents, limitations to 30 days maximum with possible extensions of up to 30 days each, and requirements that normal investigative procedures have failed or appear unlikely to succeed.
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Requires all intercepted communications be recorded and sealed, prohibits destruction for at least 10 years, and mandates service of inventory notices to affected parties within 90 days of order expiration or denial.
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Specifies that only the Alabama State Law Enforcement Agency may possess interception devices and that investigative officers must complete Attorney General-approved training on legal and technical aspects of interception.
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Establishes civil liability for violations including actual damages, punitive damages, and attorney's fees; creates criminal penalties including Class A misdemeanor for unauthorized possession/operation of interception devices and Class A felony for violating recording requirements.
Legislative Description
Wiretapping, 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; Sec. 15-5-40 am'd.
Wiretapping
Last Action
Pending third reading on day 14 Favorable from Judiciary with 1 substitute
4/25/2019