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AL SB15
Bill
AI Summary
SB15 Summary
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Authorizes the Attorney General to apply for circuit court orders to intercept wire and electronic communications in investigations of felony drug offenses under Alabama's Controlled Substance Act.
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Establishes procedures for obtaining intercept orders, including requirements that investigative officers submit written requests through the Alabama State Law Enforcement Agency and that applications include detailed affidavits with probable cause and evidence that normal investigative procedures have failed or would be too dangerous.
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Limits initial intercept orders to 30 days maximum with possible extensions of up to 30 additional days, requires recorded communications to be sealed and retained for at least 10 years, and prohibits destruction except by court order.
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Provides civil remedies (actual damages, punitive damages, attorney's fees) for individuals whose communications are unlawfully intercepted, and establishes criminal penalties of Class C felony for knowingly and intentionally possessing, installing, or operating interception devices in violation of the chapter.
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Amends Section 15-5-40 to regulate pen registers and trap and trace devices, allow emergency installations in missing person cases, require sealed records, and establish contempt of court penalties for unauthorized disclosure of sealed orders.
Legislative Description
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
Wiretapping
Last Action
Read for the first time and referred to the Senate committee on Judiciary
2/4/2020