Bill Text: IA HF475 | 2013-2014 | 85th General Assembly | Enrolled
Bill Title: A bill for an act relating to the issuance of a search warrant to authorize the placement, tracking, monitoring, and removal of a global positioning device. Effective 7-1-14.
Spectrum: Committee Bill
Status: (Passed) 2014-04-10 - Signed by Governor. H.J. 718. [HF475 Detail]
Download: Iowa-2013-HF475-Enrolled.html
House
File
475
AN
ACT
RELATING
TO
THE
ISSUANCE
OF
A
SEARCH
WARRANT
TO
AUTHORIZE
THE
PLACEMENT,
TRACKING,
MONITORING,
AND
REMOVAL
OF
A
GLOBAL
POSITIONING
DEVICE.
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
Section
1.
Section
808.1,
subsection
1,
Code
2014,
is
amended
to
read
as
follows:
1.
“Search
warrant”
means
an
order
in
writing
pursuant
to
the
requirements
of
section
808.3
,
in
the
name
of
the
state,
signed
by
a
magistrate,
and
directed
to
a
peace
officer
commanding
the
officer
to
search
a
person,
premises,
or
thing
,
issued
pursuant
to
the
requirements
of
section
808.3,
or
to
place,
track,
monitor,
or
remove
a
global
positioning
device,
issued
pursuant
to
the
requirements
of
section
808.3A
.
Sec.
2.
NEW
SECTION
.
808.3A
Application
for
search
warrant
——
global
positioning
device.
1.
A
peace
officer
may
make
a
written
application
to
a
magistrate
for
the
issuance
of
a
search
warrant
to
authorize
the
placement,
tracking,
monitoring,
or
removal
of
a
global
positioning
device,
supported
by
a
peace
officer’s
oath
or
affirmation,
which
includes
facts,
information,
and
circumstances
tending
to
establish
sufficient
grounds
for
granting
the
peace
officer’s
application,
and
probable
cause
for
believing
the
grounds
exist.
2.
The
application
shall
describe
the
person,
place,
or
thing
to
be
tracked
or
monitored
by
a
global
positioning
device,
or
the
removal
of
such
a
device
from
a
person,
place,
or
thing
with
sufficient
specificity
to
enable
an
independent
reasonable
person
with
reasonable
effort
to
ascertain
and
identify
the
person,
place,
or
thing.
If
the
magistrate
House
File
475,
p.
2
issues
the
search
warrant,
the
magistrate
shall
endorse
on
the
application
the
name
and
address
of
all
persons
upon
whose
sworn
testimony
the
magistrate
relied
to
issue
the
warrant
together
with
the
abstract
of
each
witness’
testimony,
or
the
witness’
affidavit.
However,
if
the
grounds
for
issuance
are
supplied
by
an
informant,
the
magistrate
shall
identify
only
the
peace
officer
to
whom
the
information
was
given.
The
application
or
sworn
testimony
supplied
in
support
of
the
application
must
establish
the
credibility
of
the
informant
or
the
credibility
of
the
information
given
by
the
informant.
The
magistrate
may
in
the
magistrate’s
discretion
require
that
a
witness
upon
whom
the
applicant
relies
for
the
information
appear
personally
and
be
examined
concerning
the
information.
3.
Upon
a
finding
of
probable
cause
to
issue
such
a
warrant,
the
magistrate
shall
issue
a
warrant,
signed
by
the
magistrate
with
the
magistrate’s
name
of
office,
directed
to
any
peace
officer,
commanding
that
the
peace
officer
place,
track,
monitor,
or
remove
the
global
positioning
device.
______________________________
KRAIG
PAULSEN
Speaker
of
the
House
______________________________
PAM
JOCHUM
President
of
the
Senate
I
hereby
certify
that
this
bill
originated
in
the
House
and
is
known
as
House
File
475,
Eighty-fifth
General
Assembly.
______________________________
CARMINE
BOAL
Chief
Clerk
of
the
House
Approved
_______________,
2014
______________________________
TERRY
E.
BRANSTAD
Governor
