Bill Title: Amends the Code of Criminal Procedure of 1963. Provides that before issuing a search warrant, the judge may examine on oath the person or persons seeking the warrant, and any witnesses produced, and must take his or her affidavit, or their affidavits, in writing and cause the affidavit to be subscribed by the party or parties making the affidavit. Provides that before issuing the warrant, the judge may also examine any other sworn affidavit submitted to him or her which sets forth facts tending to establish probable cause for the issuance of the warrant. Provides that the affidavit or affidavits must set forth the facts tending to establish the grounds of the application, or probable cause for believing the grounds exist. Provides that in lieu of, or in addition to, a written affidavit, or affidavits, the judge may take an oral statement under oath which shall be recorded on tape or other comparable method. Provides that the statement may be given in person to the judge or by telephone, radio, or other means of electronic communication. Provides that the statement is deemed to be an affidavit for the purposes of issuance of a search warrant. Provides that if a recording of the sworn statement is made, the statement shall be transcribed at the request of the judge or either party and certified by the judge and filed with the court. Effective immediately.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2009-05-08 - Rule 19(a) / Re-referred to Rules Committee [SB0171 Detail]

Text: Latest bill text (Engrossed) [HTML]

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