Bill Text: IA SF358 | 2017-2018 | 87th General Assembly | Enrolled

Iowa Senate Bill 358 (Prior Session Legislation)

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, and including effective date provisions. (Formerly SSB 1091.) Contingent effective date; see section 9 of bill.

Sponsorship: Committee Bill

Status: (Passed) 2017-04-12 - Signed by Governor. S.J. 1020. [SF358 Detail]

Download: Iowa-2017-SF358-Enrolled.html

Senate File 358 - Enrolled

SENATE FILE
BY COMMITTEE ON JUDICIARY

(SUCCESSOR TO SSB
1091)
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A BILL FOR
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Senate File 358

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, AND INCLUDING EFFECTIVE DATE PROVISIONS.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
Section 1. Section 602.1614, subsection 3, Code 2017, is
amended by adding the following new paragraph:
NEW PARAGRAPH. 0m. Establishing processes and procedures
for an application and for the issuance of a search warrant
under chapter 808 by electronic means.
Sec. 2. Section 808.1, subsection 2, Code 2017, is amended
to read as follows:
2. "Affidavit" means a written declaration or statement
of fact made under oath, or legally sufficient affirmation,
submitted in person or by electronic submission before any
person authorized to administer oaths within or without the
state.
Sec. 3. Section 808.1, Code 2017, is amended by adding the
following new subsections:
NEW SUBSECTION. 3. "Electronic" or "electronically" means
relating to technology having electrical, digital, magnetic,
telephonic, wireless, optical, electromagnetic, or similar
capabilities. For governmental agencies, this may include
alternate software to exchange electronic records with the
court's electronic document management system.
NEW SUBSECTION. 4. "Electronic submission" means the
process by which a person may electronically submit an
application for a search warrant and any supporting documents
to the court for review or other court action.
Sec. 4. Section 808.3, Code 2017, is amended to read as
follows:
808.3 Application for search warrant.
1. a. A person may make application for the issuance of
a search warrant by submitting before a magistrate a written
application, supported by the person's oath or affirmation,
which includes facts, information, and circumstances tending
to establish sufficient grounds for granting the application,
and probable cause for believing that the grounds exist. The
application shall describe the person, place, or thing to
be searched and the property to be seized with sufficient
specificity to enable an independent reasonable person with
reasonable effort to ascertain and identify the person, place,
or thing.
b. The search warrant application and any supporting
documents may be submitted to the magistrate in person or
by electronic submission. If a search warrant is submitted
by electronic submission, the magistrate may use electronic
means to contact the person submitting the application and
supporting documents to confirm the identity of the person, and
may administer the person's oath or affirmation and accept the
person's sworn testimony by electronic means, subject to the
processes and procedures established by the judicial branch.
2. If the magistrate 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 information appear personally and be
examined concerning the information.
Sec. 5. Section 808.4, Code 2017, is amended to read as
follows:
808.4 Issuance.
Upon a finding of probable cause for grounds to issue a
search 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 peace officer forthwith
to search the named person, place, or thing within the state
for the property specified, and to bring any property seized
before file with the magistrate or clerk of the district court,
a written inventory itemizing all seized property. The warrant
may be issued electronically, subject to the processes and
procedures established by the judicial branch, and if so, the
peace officer shall cause a printed copy of the warrant to be
made for service of process.
Sec. 6. Section 808.4A, subsection 2, Code 2017, is amended
to read as follows:
2. a. 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
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.
b. The search warrant application and any supporting
documents may be submitted to the magistrate in person or
by electronic submission. If a search warrant is submitted
by electronic submission, the magistrate may use electronic
means to contact the person submitting the application and
supporting documents to confirm the identity of the person, and
may administer the person's oath or affirmation and accept the
person's sworn testimony by electronic means, subject to the
processes and procedures established by the judicial branch.
Sec. 7. Section 808.8, subsection 2, Code 2017, is amended
to read as follows:
2. The officer must file, with the officer's return, a
complete inventory of the property taken with the magistrate
or clerk of the district court, and state under oath that
it is accurate to the best of the officer's knowledge. The
magistrate or clerk of the district court must, if requested,
deliver a copy of the inventory of seized property to the
person from whose possession it was taken and to the applicant
for the warrant.
Sec. 8. Section 808.11, Code 2017, is amended to read as
follows:
808.11 Transmission of papers documents to district court
clerk.
The magistrate who has issued a search warrant shall
attach to the warrant a copy of the return, inventory, if the
inventory has not already been filed with the clerk of the
district court, and all other papers documents in connection
therewith and shall file them with the clerk of the district
court for the county in which the property was seized.
Sec. 9. CONTINGENT EFFECTIVE DATE. This Act takes effect
on the effective date of rules prescribed by the supreme court
and submitted to the legislative council pursuant to section
602.4202, that establish processes and procedures for the
application and issuance of a search warrant by electronic
means to implement this Act.

JACK WHITVER

LINDA UPMEYER

W. CHARLES SMITH

TERRY E. BRANSTA

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