HB137INTRODUCED
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HB137
J723YNF-1
By Representatives Reynolds, Starnes, Sells, Bedsole, Moore
(P), Treadaway, Wood (R), Pettus, Rigsby
RFD: Judiciary
First Read: 04-Feb-25
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6 J723YNF-1 02/03/2025 PMG (L)PMG 2024-3106
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First Read: 04-Feb-25
SYNOPSIS:
Under existing law, the Attorney General may
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. The request to intercept
a wire or electronic communication is initiated by an
investigative officer of the Alabama State Law
Enforcement Agency or the Attorney General's office.
This bill would allow an interpreter to monitor
a wire or electronic communication in certain
circumstances.
In 2022, the Legislature enacted the Agent Billy
Clardy III Act which created a state wiretapping
program. As part of that law, the entire act is set to
repeal on February 1, 2026.
This act would remove the repealer language,
thereby keeping the act in effect indefinitely.
A BILL
TO BE ENTITLED
AN ACT
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Relating to wiretaps; to amend Sections 20-2B-1 and
20-2B-12, Code of Alabama 1975, and to add Section 20-2B-2.1
to the Code of Alabama 1975, to allow interpreters to monitor
a wire or electronic communication in certain circumstances;
and to repeal Section 20-2B-12, Code of Alabama 1975, thereby
keeping the act in effect indefinitely.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Sections 20-2B-1 and 20-2B-12, Code of
Alabama 1975, are amended to read as follows:
"§20-2B-1
(a) This chapter shall be known and may be cited as the
Agent Billy Clardy III Act.
(b) For the purposes of this chapter, the following
terms have the following meanings:
(1) AGENCY. Alabama State Law Enforcement Agency.
(2) AGGRIEVED INDIVIDUAL. An individual who was a party
to an intercepted wire or electronic communication or an
individual against whom the interception was directed.
(3) ATTORNEY GENERAL. The Attorney General of the State
of Alabama or his or her designee.
(4) COMMUNICATION COMMON CARRIER. The term as defined
in 47 U.S.C. § 153(11).
(5) COMMUNICATIONS SERVICE PROVIDER. A provider of
communication service as defined in Section 37-2A-2.
(6) CONTENTS. When used with respect to a wire or
electronic communication, any information concerning the
identity of the parties to the communication or the existence,
substance, purport, or meaning of that communication.
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substance, purport, or meaning of that communication.
(7) ELECTRONIC COMMUNICATION. Any transfer of an
electronic or other signal, including any fax signal, computer
generated signal, other similar signal, or scrambled or
encrypted signal transferred via wire, radio, electromagnetic,
photoelectric, or photo optical system from one party to
another in which the involved parties may reasonably expect
the communication to be private.
(8) ELECTRONIC, MECHANICAL, OR OTHER DEVICE. A device
or apparatus primarily designed or used for the nonconsensual
interception of wire or electronic communications.
(9) FOREIGN LANGUAGE. Any language not recognized as
the official language of this state as provided in Section
36.01 of the Constitution of Alabama of 2022.
(9)(10) INTERCEPT. The aural or other acquisition of
the contents of a wire or electronic communication through the
use of an electronic, mechanical, or other device.
(11) INTERPRETIVE SERVICES. Assistance in interpreting
intercepted wire or electronic communications that contain
coded language or foreign language and in minimizing the
interception of communications that are not subject to
interception under this chapter.
(10)(12) INVESTIGATIVE OFFICER. A special agent of the
agency, a special agent of the Attorney General's office, or
any other law enforcement officer of this state designated by
the secretary of the agency who meets guidelines established
by the secretary and who has successfully completed a training
course approved by the Attorney General on the legal and
technical aspects of the interception and use of wire or
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technical aspects of the interception and use of wire or
electronic communications.
(11)(13) JUDGE OF COMPETENT JURISDICTION. A circuit
court judge in the county where the intercept is expected to
take place or a circuit court judge designated by the Chief
Justice of the Supreme Court or by the Alabama Supreme Court
to hear intercept applications or where the interception takes
place.
(14) PERSON. An individual, firm, copartnership,
association, or corporation.
(12)(15) PROSECUTOR. A district attorney or his or her
designee.
(16) QUALIFIED INTERPRETER. An individual who is
qualified, through training or experience satisfactory to the
secretary, to interpret coded language or a foreign language
and who is approved by the secretary to provide interpretive
services for an intercept pursuant to Section 20-2B-2.1.
(13)(17) SECRETARY. The Secretary of the Alabama State
Law Enforcement Agency or his or her designee.
(14)(18) WIRE COMMUNICATION. A communication made in
whole or in part through the use of facilities for the
transmission of communications by the aid of wire, cable, or
other like connection between the point of origin and the
point of reception furnished or operated by an individual
engaged as a communication common carrier or communications
service provider in providing or operating the facilities for
the transmission of communications."
"§20-2B-12
(a) An individual whose wire or electronic
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(a) An individual whose wire or electronic
communication is intercepted, disclosed, or used in violation
of this chapter shall have a civil cause of action against any
individual who person that intercepts, discloses, or uses, or
procures another individual person to intercept, disclose, or
use, the communication, and is entitled to may recover from
the individual or entity which person or persons that engaged
in the violation any of the following:
(1) Actual damages.
(2) Punitive damages.
(3) Reasonable attorney's fees and other litigation
costs reasonably incurred.
(b) This section does not apply to any of the following
individuals if acting in a reasonable manner pursuant to this
chapter:
(1) An operator of a switchboard, or an officer,
employee, or agent of a communication common carrier or a
communications service provider whose facilities are used in
the transmission of a wire communication, who intercepts a
communication, or who discloses or uses an intercepted
communication in the normal course of employment while engaged
in an activity that is a necessary incident to the rendition
of service or to the protection of the rights or property of
the carrier of the communication.
(2) An officer, employee, or agent of a communication
common carrier or communications service provider who employs
or uses any equipment or device that may be attached to any
telephonic equipment of any subscriber which permits the
interception and recording of any telephonic communications
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interception and recording of any telephonic communications
solely for the purposes of business service improvements.
(3) An officer, employee, or agent of a communication
common carrier or communications service provider who provides
information, facilities, or technical assistance to an
investigative officer who is authorized as provided by this
chapter to intercept a wire or electronic communication.
(4) An individual acting under authority of law who
intercepts a wire or electronic communication if the
individual is a party to the communication, or if one of the
parties to the communication has given prior consent to the
interception.
(5) An individual not acting under authority of law who
intercepts a wire or electronic communication if the
individual is a party to the communication, or if one of the
parties to the communication has given prior consent to the
interception, unless the communication is intercepted for the
purpose of committing any criminal or tortious act in
violation of the Constitution or laws of the United States or
of this state or for the purpose of committing any other
injurious act.
(c) A good faith reliance on a court order is a
complete defense to any civil cause of action brought under
this chapter."
Section 2. Section 20-2B-2.1 is added to the Code of
Alabama 1975, to read as follows:
§20-2B-2.1
(a) Subject to the approval of the secretary, an
intercept authorized pursuant to this chapter may be conducted
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intercept authorized pursuant to this chapter may be conducted
with the aid of interpretive services in the following
circumstances:
(1) In anticipation of intercepting a wire or
electronic communication using coded language or a foreign
language, one or more qualified interpreters may be present
during the intercept, as long as an investigative officer is
also present.
(2) If an intercepted communication uses coded language
or a foreign language and a qualified interpreter is not
available during the intercept, one or more qualified
interpreters may provide interpretive services as soon as
practicable after the intercept.
(b) Before providing interpretive services, a qualified
interpreter who is not a law enforcement officer of this state
shall take an oath that he or she will provide a true
interpretation in an understandable manner to the best of his
or her skill or judgment.
(c) The state may enter into contracts for interpretive
services pursuant to this chapter.
Section 3. Section 20-2B-16, Code of Alabama 1975,
which provides for the repeal of the Agent Billy Clardy III
Act, which creates a state wiretap program, on February 1,
2026, is repealed.
Section 4. This act shall become effective on June 1,
2025.
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