HB451INTRODUCED
Page 0
HB451
48MFI33-1
By Representative Bolton
RFD: Public Safety and Homeland Security
First Read: 11-Apr-24
1
2
3
4
5 48MFI33-1 04/11/2024 THR (L)THR 2024-815
Page 1
First Read: 11-Apr-24
SYNOPSIS:
Under existing law, law enforcement agencies,
corrections agencies, detention agencies, and courts
have the authority to require certain individuals to
submit to location monitoring in certain circumstances.
This bill would require a public entity that
possesses or controls location monitoring data to
provide certain location monitoring data to a law
enforcement officer pursuant to an ongoing criminal
investigation for which there is reasonable suspicion
to believe that the data will be probative.
This bill would also require any entity that
will control or possess location monitoring data
pursuant to a contract to provide certain location
monitoring data to a law enforcement officer pursuant
to an ongoing criminal investigation for which there is
reasonable suspicion to believe that the data will be
probative.
A BILL
TO BE ENTITLED
AN ACT
Relating to location monitoring; to provide for
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28 HB451 INTRODUCED
Page 2
Relating to location monitoring; to provide for
location monitoring data in certain circumstances; and to
provide for location monitoring services contracts.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Any public entity that possesses or controls
location monitoring data with respect to a defendant on
pretrial release, without requiring a warrant, shall make that
data available to a law enforcement officer pursuant to an
ongoing criminal investigation for which there is reasonable
suspicion to believe that the data will be probative. The data
provided to a law enforcement officer pursuant to this section
shall be limited to data that relates to the criminal
investigation and that is not more than one year old.
Section 2. Any contract entered into for the provision
of location monitoring services by any law enforcement,
corrections, or detention agency, or any court, after October
1, 2024, shall require any entity that, by virtue of the
contract, will possess or control location monitoring data to
provide any location monitoring data to a law enforcement
officer pursuant to an ongoing criminal investigation for
which there is reasonable suspicion to believe that the data
will be probative. The data provided to a law enforcement
officer pursuant to this section shall be limited to data that
relates to the criminal investigation and that is not more
than one year old.
Section 3. This act shall become effective on October
1, 2024.
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54