Bill Text: GA HB196 | 2011-2012 | Regular Session | Introduced

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Bill Title: Search warrants by video conference; what portion of video maintained; clarify

Sponsorship: Moderate Partisan Bill (Republican 5-1)

Status: (Engrossed - Dead) 2011-03-03 - Senate Read and Referred [HB196 Detail]

Download: Georgia-2011-HB196-Introduced.html

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11 LC 34 2879

House Bill 196

By: Representatives Pak of the 102nd, Tankersley of the 158th, Neal of the 75th, Weldon of the 3rd, Golick of the 34th, and others

A BILL TO BE ENTITLED
AN ACT

To amend Code Section 17-5-21.1 of the Official Code of Georgia Annotated, relating to the issuance of search warrants by video conferencing, so as to clarify what portion of the video recordings must be maintained; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Code Section 17-5-21.1 of the Official Code of Georgia Annotated, relating to the issuance of search warrants by video conferencing, is revised as follows:

"17-5-21.1.

(a) A judge of any court in this state authorized to issue search warrants pursuant to Code Section 17-5-21 may, as an alternative to other laws relating to the issuance of search warrants, conduct such applications for the issuance of search warrants by video conference.

(b) Search warrant applications heard by video conference shall be conducted in a manner to ensure that the judge conducting the hearing has visual and audible contact with all affiants and witnesses giving testimony.

(c) The affiant participating in a search warrant application by video conference shall sign the affidavit for a search warrant and any related documents by any reasonable means which identifies the affiant, including, but not limited to, his or her typewritten name, signature affixed by electronic stylus, or any other reasonable means which identifies the person signing the affidavit and any related documents. The judge participating in a search warrant application by video conference shall sign the affidavit for a search warrant, the search warrant, and any related documents by any reasonable means which identifies the judge, including, but not limited to, his or her typewritten name, signature affixed by electronic stylus, or any other reasonable means which identifies the judicial officer signing the affidavit and warrant and any related documents. Such applications shall be deemed to be written within the meaning of Code Section 17-5-21. Such authorization shall be deemed to comply with the issuance requirements provided for in Code Section 17-5-22.

(d) A judge hearing matters pursuant to this Code section shall administer an oath to any person testifying by means of a video conference.

(e) A video recording of the application hearing and any Any documents submitted in conjunction with the application shall be maintained as part of the record, and if the judge accepts additional oral testimony in support of the written application, a video recording of that oral testimony shall be maintained. Absent intentional misconduct on the part of the state, the absence of the recording of the additional oral testimony shall not be a basis to challenge an otherwise valid warrant issued pursuant to this Code section."

SECTION 2.

This Act shall become effective on July 1, 2011.

SECTION 3.

All laws and parts of laws in conflict with this Act are repealed.