Bill Text: IA HF13 | 2017-2018 | 87th General Assembly | Introduced
Bill Title: A bill for an act relating to an application for and the issuance of a search warrant by electronic means. (See HF 582.)
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2017-04-04 - Withdrawn. H.J. 863. [HF13 Detail]
Download: Iowa-2017-HF13-Introduced.html
House File 13 - Introduced HOUSE FILE BY OLSON A BILL FOR 1 An Act relating to an application for and the issuance of a 2 search warrant by electronic means. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 1090YH (11) 87 jm/rh/rj PAG LIN 1 1 Section 1. Section 321J.10, subsection 3, unnumbered 1 2 paragraph 1, Code 2017, is amended to read as follows: 1 3Notwithstanding section 808.3, theThe issuance of a search 1 4 warrant under this section may be issued as provided in chapter 1 5 808. However, a search warrant under this section may also 1 6 be issued based upon sworn oral testimony communicated by 1 7 telephone if the magistrate who is asked to issue the warrant 1 8 is satisfied that the circumstances make it reasonable to 1 9 dispense with a written affidavit. The following shall then 1 10 apply: 1 11 Sec. 2. Section 462A.14D, subsection 3, unnumbered 1 12 paragraph 1, Code 2017, is amended to read as follows: 1 13Notwithstanding section 808.3, theThe issuance of a search 1 14 warrant under this section may be issued as provided in chapter 1 15 808. However, a search warrant under this section may also 1 16 be issued based upon sworn oral testimony communicated by 1 17 telephone if the magistrate who is asked to issue the warrant 1 18 is satisfied that the circumstances make it reasonable to 1 19 dispense with a written affidavit. The following shall then 1 20 apply: 1 21 Sec. 3. Section 602.1614, subsection 3, Code 2017, is 1 22 amended by adding the following new paragraph: 1 23 NEW PARAGRAPH. 0m. Establishing processes and procedures 1 24 for an application for and the issuance of a search warrant 1 25 under chapter 808 by electronic means. 1 26 Sec. 4. Section 808.3, Code 2017, is amended to read as 1 27 follows: 1 28 808.3 Application for search warrant. 1 29 1. A person may make application for the issuance of a 1 30 search warrant by submitting before a magistrate a written 1 31 application, supported by the person's oath or affirmation, 1 32 which includes facts, information, and circumstances tending 1 33 to establish sufficient grounds for granting the application, 1 34 and probable cause for believing that the grounds exist. The 1 35 application shall describe the person, place, or thing to 2 1 be searched and the property to be seized with sufficient 2 2 specificity to enable an independent reasonable person with 2 3 reasonable effort to ascertain and identify the person, 2 4 place, or thing. If the magistrate issues the search warrant, 2 5 the magistrate shall endorse on the application the name 2 6 and address of all persons upon whose sworn testimony the 2 7 magistrate relied to issue the warrant together with the 2 8 abstract of each witness' testimony, or the witness' affidavit. 2 9 However, if the grounds for issuance are supplied by an 2 10 informant, the magistrate shall identify only the peace officer 2 11 to whom the information was given. The application or sworn 2 12 testimony supplied in support of the application must establish 2 13 the credibility of the informant or the credibility of the 2 14 information given by the informant. The magistrate may in 2 15 the magistrate's discretion require that a witness upon whom 2 16 the applicant relies for information appear personally and be 2 17 examined concerning the information. 2 18 2. An application for the issuance of a search warrant 2 19 pursuant to this section may be submitted electronically 2 20 subject to the processes and procedures established by the 2 21 judicial branch. 2 22 Sec. 5. Section 808.4, Code 2017, is amended to read as 2 23 follows: 2 24 808.4 Issuance. 2 25 1. Upon a finding of probable cause for grounds to issue a 2 26 search warrant, the magistrate shall issue a warrant, signed by 2 27 the magistrate with the magistrate's name of office, directed 2 28 to any peace officer, commanding that peace officer forthwith 2 29 to search the named person, place, or thing within the state 2 30 for the property specified, and to bring any property seized 2 31 before the magistrate. 2 32 2. A search warrant issued pursuant to this section may be 2 33 issued electronically subject to the processes and procedures 2 34 established by the judicial branch. 2 35 Sec. 6. Section 808.4A, Code 2017, is amended by adding the 3 1 following new subsection: 3 2 NEW SUBSECTION. 4. A search warrant issued pursuant to this 3 3 section may be issued electronically subject to the processes 3 4 and procedures established by the judicial branch. 3 5 Sec. 7. Section 808.14, Code 2017, is amended to read as 3 6 follows: 3 7 808.14 Administrative warrants. 3 8 1. The courts and other appropriate agencies of the judicial 3 9 branch of the government of this state may issue administrative 3 10 search warrants, in accordance with the statutory and common 3 11 law requirements for the issuance of such warrants, to all 3 12 governmental agencies or bodies expressly or impliedly provided 3 13 with statutory or constitutional home rule authority for 3 14 inspections to the extent necessary for the agency or body to 3 15 carry out such authority, to be executed or otherwise carried 3 16 out by an officer or employee of the agency or body. 3 17 2. An administrative search warrant issued pursuant to this 3 18 section may be issued electronically subject to the processes 3 19 and procedures established by the judicial branch. 3 20 Sec. 8. Section 808B.5, subsection 1, unnumbered paragraph 3 21 1, Code 2017, is amended to read as follows: 3 22 An application for an order authorizing or approving the 3 23 interception of a wire, oral, or electronic communicationshall 3 24may be made in writing upon oath or affirmation to a court and 3 25 shall state the applicant's authority to make the application. 3 26 An application may be made electronically pursuant to this 3 27 section subject to the processes and procedures established 3 28 by the judicial branch. An application shall include the 3 29 following information: 3 30 Sec. 9. Section 808B.11, subsection 1, unnumbered paragraph 3 31 1, Code 2017, is amended to read as follows: 3 32 An application for an order or an extension of an order 3 33 authorizing or approving the installation and use of a pen 3 34 register or a trap and trace deviceshallmay be made in 3 35 writing by a prosecuting attorney upon oath or affirmation to 4 1 a district court. An application may be made electronically 4 2 pursuant to this section subject to the processes and 4 3 procedures established by the judicial branch. Only a special 4 4 state agent may conduct an investigation authorized under this 4 5 section or section 808B.12. An application shall include the 4 6 following information: 4 7 EXPLANATION 4 8 The inclusion of this explanation does not constitute agreement with 4 9 the explanation's substance by the members of the general assembly. 4 10 This bill relates to an application for and the issuance of a 4 11 search warrant by electronic means. 4 12 The bill allows the judicial branch to establish processes 4 13 and procedures that allow for the application for and the 4 14 issuance of a search warrant by electronic means under Code 4 15 sections 321J.10 (operating a motor vehicle while intoxicated), 4 16 462A.14D (operating a motorboat or sailboat while intoxicated), 4 17 808.3 (application for a search warrant), 808.4 (issuance of 4 18 a search warrant), 808.4A (application and issuance of search 4 19 warrant == global positioning device), 808.14 (administrative 4 20 warrants), 808B.5 (application for an order authorizing or 4 21 approving the interception of a wire, oral, or electronic 4 22 communication), and 808B.11 (application and order to install 4 23 and use a pen register or trap and trace device). LSB 1090YH (11) 87 jm/rh/rj
