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AL HB17
Bill
Status
2/9/2021
Primary Sponsor
Rex Reynolds
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AI Summary
HB17 Summary
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Creates Chapter 2A in Title 20 of Alabama Code authorizing wiretapping and electronic communications interception for felony drug offenses (Article 5, §13A-12-201 et seq.) under court supervision.
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Establishes procedures requiring investigative officers to request intercept orders through the Alabama State Law Enforcement Agency Secretary, who submits applications to the Attorney General, who then applies to circuit court judges with detailed affidavits meeting probable cause standards.
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Limits initial intercept orders to maximum 30 days with ability to extend for additional 30-day periods, requires sealing of all recordings and applications for 10 years, and mandates judicial reports to federal courts and the Alabama Administrative Office of Courts.
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Prohibits disclosure of intercepted communications except to law enforcement for official duties or court testimony; establishes civil liability for unauthorized interception, disclosure, or use including actual damages, punitive damages, and attorney's fees.
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Creates Class C felony for knowingly and intentionally possessing, installing, operating, or monitoring electronic interception devices in violation of the chapter; excludes household members and telephone subscribers from the law's restrictions.
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
Pending third reading on day 21 Favorable from Judiciary with 1 amendment
4/7/2021