SB71 Summary

• Authorizes the Attorney General to apply to circuit court judges for wiretap orders to intercept wire or electronic communications when there is probable cause that an individual is committing felony drug offenses under Article 5 of Chapter 12, Title 13A.

• Establishes procedures for investigative officers to request intercept orders through the Alabama State Law Enforcement Agency Secretary, specifying required affidavit contents, application procedures, and limitations (maximum 30 days per order with possible extensions).

• Requires recordings of intercepted communications to be sealed and preserved for at least 10 years; limits disclosure to law enforcement officers performing official duties and persons testifying in authorized proceedings.

• Creates civil liability for unauthorized interception, disclosure, or use of communications (actual damages, punitive damages, and attorney's fees) and establishes a Class C felony for knowingly possessing or operating interception devices in violation of the chapter.

• Amends Section 15-5-40 to provide for sealing of pen register and trap and trace device records, with penalties including contempt of court for unauthorized disclosure of sealed orders or affidavits.