Bill Text: IA HF582 | 2017-2018 | 87th General Assembly | Introduced
Bill Title: A bill for an act relating to search warrants, by allowing an application for and the issuance of a search warrant by electronic means, and allowing for the written inventory of any property seized to be filed with the clerk of the district court. (Formerly HF 13.)
Spectrum: Committee Bill
Status: (Introduced - Dead) 2017-04-03 - Withdrawn. H.J. 847. [HF582 Detail]
Download: Iowa-2017-HF582-Introduced.html
House File 582 - Introduced HOUSE FILE BY COMMITTEE ON PUBLIC SAFETY (SUCCESSOR TO HF 13) (COMPANION TO SF 358 BY COMMITTEE ON JUDICIARY) A BILL FOR 1 An Act relating to search warrants, by allowing an application 2 for and the issuance of a search warrant by electronic 3 means, and allowing for the written inventory of any 4 property seized to be filed with the clerk of the district 5 court. 6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 1090HV (3) 87 jm/rh/rj PAG LIN 1 1 Section 1. Section 602.1614, subsection 3, Code 2017, is 1 2 amended by adding the following new paragraph: 1 3 NEW PARAGRAPH. 0m. Establishing processes and procedures 1 4 for an application and for the issuance of a search warrant 1 5 under chapter 808 by electronic means. 1 6 Sec. 2. Section 808.1, subsection 2, Code 2017, is amended 1 7 to read as follows: 1 8 2. "Affidavit" means a written declaration or statement 1 9 of fact made under oath, or legally sufficient affirmation, 1 10 submitted in person or by electronic submission before any 1 11 person authorized to administer oaths within or without the 1 12 state. 1 13 Sec. 3. Section 808.1, Code 2017, is amended by adding the 1 14 following new subsections: 1 15 NEW SUBSECTION. 3. "Electronic" or "electronically" means 1 16 relating to technology having electrical, digital, magnetic, 1 17 telephonic, wireless, optical, electromagnetic, or similar 1 18 capabilities. For governmental agencies, this may include 1 19 alternate software to exchange electronic records with the 1 20 court's electronic document management system. 1 21 NEW SUBSECTION. 4. "Electronic submission" means the 1 22 process by which a person may electronically submit an 1 23 application for a search warrant and any supporting documents 1 24 to the court for review or other court action. An application 1 25 for a search warrant and any supporting documents submitted 1 26 by electronic submission to the court through the electronic 1 27 document management system shall not be considered to be filed 1 28 with the court. 1 29 Sec. 4. Section 808.3, Code 2017, is amended to read as 1 30 follows: 1 31 808.3 Application for search warrant. 1 32 1. a. A person may make application for the issuance of 1 33 a search warrant by submitting before a magistrate a written 1 34 application, supported by the person's oath or affirmation, 1 35 which includes facts, information, and circumstances tending 2 1 to establish sufficient grounds for granting the application, 2 2 and probable cause for believing that the grounds exist. The 2 3 application shall describe the person, place, or thing to 2 4 be searched and the property to be seized with sufficient 2 5 specificity to enable an independent reasonable person with 2 6 reasonable effort to ascertain and identify the person, place, 2 7 or thing. 2 8 b. The search warrant application and any supporting 2 9 documents may be submitted to the magistrate in person or 2 10 by electronic submission. If a search warrant is submitted 2 11 by electronic submission, the magistrate may use electronic 2 12 means to contact the person submitting the application and 2 13 supporting documents to confirm the identity of the person, and 2 14 may administer the person's oath or affirmation and accept the 2 15 person's sworn testimony by electronic means. 2 16 2. If the magistrate issues the search warrant, the 2 17 magistrate shall endorse on the application the name and 2 18 address of all persons upon whose sworn testimony the 2 19 magistrate relied to issue the warrant together with the 2 20 abstract of each witness' testimony, or the witness' affidavit. 2 21 However, if the grounds for issuance are supplied by an 2 22 informant, the magistrate shall identify only the peace officer 2 23 to whom the information was given. The application or sworn 2 24 testimony supplied in support of the application must establish 2 25 the credibility of the informant or the credibility of the 2 26 information given by the informant. The magistrate may in 2 27 the magistrate's discretion require that a witness upon whom 2 28 the applicant relies for information appear personally and be 2 29 examined concerning the information. 2 30 Sec. 5. Section 808.4, Code 2017, is amended to read as 2 31 follows: 2 32 808.4 Issuance. 2 33 Upon a finding of probable cause for grounds to issue a 2 34 search warrant, the magistrate shall issue a warrant, signed by 2 35 the magistrate with the magistrate's name of office, directed 3 1 to any peace officer, commanding that peace officer forthwith 3 2 to search the named person, place, or thing within the state 3 3 for the property specified, and tobring any property seized 3 4 beforefile with the magistrate or clerk of the district court, 3 5 a written inventory itemizing all seized property. The warrant 3 6 may be issued electronically and if so, the peace officer shall 3 7 cause a printed copy of the warrant to be made for service of 3 8 process. 3 9 Sec. 6. Section 808.4A, subsection 2, Code 2017, is amended 3 10 to read as follows: 3 11 2. a. The application shall describe the person, place, 3 12 or thing to be tracked or monitored by a global positioning 3 13 device, or the removal of such a device from a person, place, 3 14 or thing with sufficient specificity to enable an independent 3 15 reasonable person with reasonable effort to ascertain and 3 16 identify the person, place, or thing. If the magistrate 3 17 issues the search warrant, the magistrate shall endorse on the 3 18 application the name and address of all persons upon whose 3 19 sworn testimony the magistrate relied to issue the warrant 3 20 together with the abstract of each witness' testimony, or the 3 21 witness' affidavit. However, if the grounds for issuance are 3 22 supplied by an informant, the magistrate shall identify only 3 23 the peace officer to whom the information was given. The 3 24 application or sworn testimony supplied in support of the 3 25 application must establish the credibility of the informant 3 26 or the credibility of the information given by the informant. 3 27 The magistrate may in the magistrate's discretion require that 3 28 a witness upon whom the applicant relies for the information 3 29 appear personally and be examined concerning the information. 3 30 b. The search warrant application and any supporting 3 31 documents may be submitted to the magistrate in person or 3 32 by electronic submission. If a search warrant is submitted 3 33 by electronic submission, the magistrate may use electronic 3 34 means to contact the person submitting the application and 3 35 supporting documents to confirm the identity of the person, and 4 1 may administer the person's oath or affirmation and accept the 4 2 person's sworn testimony by electronic means. 4 3 Sec. 7. Section 808.8, subsection 2, Code 2017, is amended 4 4 to read as follows: 4 5 2. The officer must file, with the officer's return, a 4 6 complete inventory of the property taken with the magistrate 4 7 or clerk of the district court, and state under oath that 4 8 it is accurate to the best of the officer's knowledge. The 4 9 magistrate or clerk of the district court must, if requested, 4 10 deliver a copy of the inventory of seized property to the 4 11 person from whose possession it was taken and to the applicant 4 12 for the warrant. 4 13 Sec. 8. Section 808.11, Code 2017, is amended to read as 4 14 follows: 4 15 808.11 Transmission ofpapersdocuments to district court 4 16 clerk. 4 17 The magistrate who has issued a search warrant shall 4 18 attach to the warrant a copy of the return, inventory, if the 4 19 inventory has not already been filed with the clerk of the 4 20 district court, and all otherpapersdocuments in connection 4 21 therewith and shall file them with the clerk of the district 4 22 court for the county in which the property was seized. 4 23 EXPLANATION 4 24 The inclusion of this explanation does not constitute agreement with 4 25 the explanation's substance by the members of the general assembly. 4 26 This bill relates to search warrants, by allowing an 4 27 application for and the issuance of a search warrant by 4 28 electronic means, and allowing for the written inventory of 4 29 any property seized to be filed with the clerk of the district 4 30 court. 4 31 The bill permits the judicial branch to establish processes 4 32 and procedures that allow for the electronic submission of an 4 33 application for and the issuance of a search warrant under 4 34 Code sections 808.3 (application for a search warrant), 808.4 4 35 (issuance of a search warrant), and 808.4A (application and 5 1 issuance of search warrant ==== global positioning device). 5 2 The bill defines "electronic submission" to mean the process 5 3 by which a person may electronically submit an application for 5 4 a search warrant and any supporting documents to the court 5 5 for review or other court action. The bill further specifies 5 6 that a search warrant application and any supporting documents 5 7 submitted by electronic submission to the court through the 5 8 electronic document management system shall not be considered 5 9 to be filed with the court. 5 10 The bill specifies that the written inventory of any 5 11 property seized after execution of the search warrant may be 5 12 filed with the clerk of the district court or the magistrate. 5 13 Current law specifies the inventory be filed with the 5 14 magistrate. LSB 1090HV (3) 87 jm/rh/rj
