Section 20-2B-1 - Short title; definitions(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.(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) 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.(10) 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 electronic communications.(11) 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.(12) PROSECUTOR. A district attorney or his or her designee.(13) SECRETARY. The Secretary of the Alabama State Law Enforcement Agency or his or her designee.(14) 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.Ala. Code § 20-2B-1 (1975)
Added by Act 2022-236,§ 2, eff. 2/1/2023.Act 2022-236 provides that this act shall be known and may be cited as the Agent Billy Clardy III Act.