HB391 Alabama 2012 Session

Under existing law, it is a crime to install or place a device in a private place with knowledge that it is to be used for eavesdropping without permission. Also under existing law, it is a crime to possess, manufacture, send, or transport any device designed or commonly used for eavesdropping

This bill would expand the crimes of installing eavesdropping devices and possession of eavesdropping devices to include the use of an eavesdropping device to access or intercept communications on a personal telecommunication device such as a cell phone

Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, prohibits a general law whose purpose or effect would be to require a new or increased expenditure of local funds from becoming effective with regard to a local governmental entity without enactment by a 2/3 vote unless: it comes within one of a number of specified exceptions; it is approved by the affected entity; or the Legislature appropriates funds, or provides a local source of revenue, to the entity for the purpose

The purpose or effect of this bill would be to require a new or increased expenditure of local funds within the meaning of the amendment. However, the bill does not require approval of a local governmental entity or enactment by a 2/3 vote to become effective because it comes within one of the specified exceptions contained in the amendment

To amend Sections 13A-11-30, 13A-11-31, 13A-11-33, and 13A-11-34, Code of Alabama 1975, relating to eavesdropping devices; to expand the crimes of installing eavesdropping devices and criminal possession of an eavesdropping device to include certain unauthorized access to communications on personal telecommunication devices; and in connection therewith would have as its purpose or effect the requirement of a new or increased expenditure of local funds within the meaning of Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended.