SB71 Alabama 2021 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 what conditions recorded communications may be disclosed and would provide civil and criminal penalties for certain unauthorized disclosures

This bill would also provide for the sealing of certain records relating to the use of pen registers and trap and trace devices and would provide penalties for unauthorized disclosures

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

Relating to wiretapping; to add a new Chapter 2A to Title 20, Code of Alabama 1975; to authorize the Attorney General to submit an application to a circuit court judge to intercept any wire or electronic communication under certain circumstances; to 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; to provide for the extension of intercept orders under certain conditions; to prohibit the destruction of recorded communications for a specified time frame; to 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; to specify under what conditions recorded communications may be disclosed; to provide for civil and criminal penalties for violations; to amend Section 15-5-40, Code of Alabama 1975, to provide for the sealing of certain records relating to pen registers and trap and trace devices; to provide penalties for unauthorized disclosures; 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.