Senate Bill 2223

(COMMITTEE SUBSTITUTE)

AN ACT TO AUTHORIZE THE ISSUANCE OF SEARCH WARRANTS UPON ORAL TESTIMONY FOR INVESTIGATION OF SEX OFFENSES AGAINST CHILDREN INVOLVING A COMPUTER AND OTHER COMPUTER CRIMES; TO PRESCRIBE A PROCEDURE FOR THE ISSUANCE OF THE WARRANTS; TO AMEND SECTION 93-21-13, MISSISSIPPI CODE OF 1972, TO AUTHORIZE A COURT TO ELECTRONICALLY SIGN EMERGENCY DOMESTIC ABUSE PROTECTION ORDERS; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. (1) Limitation of section. The provisions of this section shall only apply to search warrants issued in relation to computer crimes investigations defined in paragraph (a) of subsection (1) of Section 7-5-59.

(2) General rule. If circumstances make it reasonable to dispense, in whole or in part, with a written affidavit, a judge who is authorized to issue search warrants may issue a warrant based upon sworn testimony communicated by telephone or other appropriate means, including facsimile transmission.

(3) Application. The person who is requesting the warrant shall prepare a document to be known as a "duplicate original warrant" and shall read such duplicate original warrant verbatim to the issuing judge. The judge shall enter what is so read on a document to be known as the "original warrant." The issuing judge may direct that the warrant be modified.

(4) Issuance. If the judge is satisfied that the circumstances are such as to make it reasonable to dispense with a written affidavit and the grounds for the application exist or that there is probable cause to believe that they exist, the judge shall order the issuance of a warrant by directing the person requesting the warrant to sign the judge's name on the duplicate original warrant. The judge shall immediately sign the original warrant and enter on the face of the original warrant the exact time the warrant was ordered to be issued. The finding of probable cause for a warrant upon oral testimony may be based on the same kind of evidence as is sufficient for a warrant upon affidavit.

(5) Recording and certification of testimony. When a telephone caller informs the judge that the purpose of the telephone call is to request a warrant, the judge shall immediately place under oath each person whose testimony forms a basis of the application and each person applying for the warrant. If a voice recording device is available, the judge shall record by means of such device all of the call after the caller informs the judge that the purpose of the call is to request a warrant. Otherwise, a stenographic or longhand verbatim record shall be made. If a voice recording device is used or a stenographic record made, the judge shall have the record transcribed, shall certify the accuracy of the transcription, and shall file a copy of the original record and the transcription with the court. If a longhand verbatim record is made, the judge shall file a signed copy with the court.

(6) Contents. The contents of a warrant upon oral testimony shall be the same as the contents of a warrant upon affidavit.

(7) Additional rule for execution. The person who executes the warrant shall enter the exact time of execution on the face of the duplicate original warrant.

SECTION 2. Section 93-21-13, Mississippi Code of 1972, is amended as follows:

93-21-13. (1) (a) The court in which a petition seeking emergency relief pending a hearing is filed must consider all such requests in an expedited manner and shall not refer or direct the matter to be sent to another court. The court may issue an emergency domestic abuse protection order without prior notice to the respondent upon good cause shown by the petitioner. Immediate and present danger of abuse to the petitioner, any minor children or any person alleged to be incompetent shall constitute good cause for issuance of an emergency domestic abuse protection order. The respondent shall be provided with notice of the entry of any emergency domestic abuse protection order issued by the court by personal service of process.

(b) A court granting an emergency domestic abuse protection order may grant relief as provided in Section 93-21-15(1)(a).

(c) An emergency domestic abuse protection order shall be effective for ten (10) days, or until a hearing may be held, whichever occurs first. If a hearing under this subsection (1) is continued, the court may grant or extend the emergency order as it deems necessary for the protection of the abused person. A continuance under this subsection (1)(c) shall be valid for no longer than twenty (20) days.

(2) The Attorney General, in cooperation with the Mississippi Supreme Court and the Mississippi Judicial College, shall develop standardized forms for emergency domestic abuse protection orders. Use of the standardized forms in protection order proceedings pursuant to this chapter shall be fully implemented by all courts no later than July 1, 2015. However, in any criminal prosecution or contempt proceeding for a violation of a domestic abuse protection order, it shall not be a defense that the order was not issued on the standardized form.

(3) Upon issuance of any protection order by the court, the order shall be entered into the Mississippi Protection Order Registry by the clerk of the court pursuant to Section 93-21-25, and a copy provided to the sheriff's department in the county of the court of issuance.

(4) An emergency domestic abuse protection order issued under this section is effective in this state, in all other states, and in United States territories and tribal lands. A court shall not limit the scope of a protection order to the boundaries of the State of Mississippi or to the boundaries of a municipality or county within the State of Mississippi.

(5) An emergency domestic abuse protection order authorized under this section may bear an electronic signature of the issuing judge, and any such electronic signature shall have the same force and effect as if the judge had affixed the judge's signature to a paper copy of the order.

SECTION 3. This act shall take effect and be in force from and after July 1, 2021.