SB15 Alabama 2020 Session

This bill would authorize the Attorney General to submit an application to a circuit court judge to intercept any wire or electronic communication if there is probable cause to believe an individual is committing, has committed, or is about to commit certain felony drug offenses

This bill would specify the procedures for obtaining an intercept order, the information that must be included in an intercept order, the limitations of an intercept order, and the means by which the communication is to be intercepted

This bill would provide for the extension of intercept orders under certain conditions and would prohibit the destruction of recorded communications for a specified time frame

This bill would allow an investigative officer to submit a written request to the Attorney General, through the Secretary of the Alabama State Law Enforcement Agency, requesting the Attorney General apply for an intercept order

This bill would specify under whatconditions recorded communications may be disclosedand would provide civil and criminal penalties forcertain unauthorized disclosures

This bill would also provide for the sealingof certain records relating to the use of penregisters and trap and trace devices and wouldprovide penalties for unauthorized disclosures

Amendment 621 of the Constitution of Alabamaof 1901, now appearing as Section 111.05 of theOfficial Recompilation of the Constitution ofAlabama of 1901, as amended, prohibits a generallaw whose purpose or effect would be to require anew or increased expenditure of local funds frombecoming effective with regard to a localgovernmental entity without enactment by a 2/3 voteunless: it comes within one of a number ofspecified exceptions; it is approved by theaffected entity; or the Legislature appropriatesfunds, or provides a local source of revenue, tothe entity for the purpose

The purpose or effect of this bill would beto require a new or increased expenditure of localfunds within the meaning of the amendment

However, the bill does not require approval of alocal governmental entity or enactment by a 2/3vote to become effective because it comes within one of the specified exceptions contained in the amendment

Relating to wiretapping; to add a new Chapter 2A toTitle 20, Code of Alabama 1975; to authorize the AttorneyGeneral to submit an application to a circuit court judge tointercept any wire or electronic communication under certaincircumstances; to specify the procedures for obtaining anintercept order, the information that must be included in anintercept order, the limitations of an intercept order, andthe means by which the communication is to be intercepted; toprovide for the extension of intercept orders under certainconditions; to prohibit the destruction of recordedcommunications for a specified time frame; to allow aninvestigative officer to submit a written request to theAttorney General, through the Secretary of the Alabama StateLaw Enforcement Agency, requesting the Attorney General applyfor an intercept order; to specify under what conditionsrecorded communications may be disclosed; to provide for civiland criminal penalties for violations; to amend Section15-5-40, Code of Alabama 1975, to provide for the sealing ofcertain records relating to pen registers and trap and tracedevices; to provide penalties for unauthorized disclosures; and in connection therewith would have as its purpose oreffect the requirement of a new or increased expenditure oflocal funds within the meaning of Amendment 621 of theConstitution of Alabama of 1901, now appearing as Section111.05 of the Official Recompilation of the Constitution ofAlabama of 1901, as amended.