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AL HB17

Bill

Status

Passed

3/29/2022

Primary Sponsor

Rex Reynolds

Click for details

Origin

House of Representatives

Regular Session 2022

AI Summary

HB17 Summary

  • Creates Chapter 2A in Title 20 (Code of Alabama 1975) establishing a wiretapping regime for Alabama State Law Enforcement Agency (ALEA) investigations of felony drug offenses under Article 5, Chapter 12, Title 13A.

  • Authorizes the Attorney General to apply to circuit court judges for intercept orders upon application by investigative officers through ALEA's Secretary, with strict procedural requirements including affidavits detailing the offense, facilities, and necessity of interception.

  • Establishes a maximum 30-day initial authorization period for intercepts with possible extensions of up to 30 additional days, requiring judges to monitor progress and necessity through required reports.

  • Mandates recorded communications be sealed and preserved for at least 10 years, with procedures for disclosure to defendants and restrictions on use in evidence, including a requirement to furnish court orders to all parties at least 10 days before trial.

  • Creates civil liability for unauthorized interception (allowing recovery of actual damages, punitive damages, and attorney's fees) and criminal penalties of Class C felony for knowingly violating the chapter; article sunsets February 1, 2026 unless extended by Legislature.

Legislative Description

Drug trafficking, wiretapping by ALEA, 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

Wiretapping

Last Action

Delivered to Governor at 3:35 p.m. on March 29, 2022.

3/29/2022

Committee Referrals

Judiciary2/10/2022
Judiciary1/11/2022

Full Bill Text

No bill text available