Bill Text: OR HB3286 | 2013 | Regular Session | Enrolled
Bill Title: Relating to warrants; and declaring an emergency.
Sponsorship: Committee Bill
Status: (Passed) 2013-05-23 - Chapter 225, (2013 Laws): Effective date May 23, 2013. [HB3286 Detail]
Download: Oregon-2013-HB3286-Enrolled.html
77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session
Enrolled
House Bill 3286
Sponsored by COMMITTEE ON JUDICIARY (at the request of Attorney
General Ellen F. Rosenblum)
CHAPTER ................
AN ACT
Relating to warrants; creating new provisions; amending ORS
133.545; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 133.545 is amended to read:
133.545. (1) A search warrant may be issued only by a judge. A
search warrant issued by a judge of the Supreme Court or the
Court of Appeals may be executed anywhere in the state. Except as
otherwise provided in subsection (2) of this section, a search
warrant issued by a judge of a circuit court may be executed only
within the judicial district in which the court is located. A
search warrant issued by a justice of the peace may be executed
only within the county in which the justice court is located. A
search warrant issued by a municipal judge authorized to exercise
the powers and perform the duties of a justice of the peace may
be executed only in the municipality in which the court is
located.
(2) Notwithstanding subsection (1) of this section, a circuit
court judge may authorize execution of a search warrant outside
the judicial district in which the court is located, if the judge
finds from the application that one or more of the objects of the
search relate to an offense committed or triable within the
judicial district in which the court is located. If the warrant
authorizes the installation or tracking of a mobile tracking
device, the officer may track the device in any county to which
it is transported.
(3) Application for a search warrant may be made only by a
district attorney, a police officer or a special agent employed
under ORS 131.805.
(4) The application shall consist of a proposed warrant in
conformance with ORS 133.565, and shall be supported by one or
more affidavits particularly setting forth the facts and
circumstances tending to show that the objects of the search are
in the places, or in the possession of the individuals, to be
searched. If an affidavit is based in whole or in part on
hearsay, the affiant shall set forth facts bearing on any unnamed
informant's reliability and shall disclose, as far as possible,
the means by which the information was obtained.
{ - (5) Instead of the written affidavit described in
subsection (4) of this section, the judge may take an oral
statement under oath. The oral statement shall be recorded and
transcribed. The transcribed statement is an affidavit for the
Enrolled House Bill 3286 (HB 3286-A) Page 1
purposes of this section. In such cases, the recording of the
sworn oral statement and the transcribed statement shall be
certified by the judge receiving it and shall be retained as a
part of the record of proceedings for the issuance of the
warrant. - }
{ + (5) Instead of the written affidavit described in
subsection (4) of this section, the judge may take an oral
statement under oath. The oral statement shall be recorded and a
copy of the recording submitted to the judge who took the oral
statement. In such cases, the judge shall certify that the
recording of the sworn oral statement is a true recording of the
oral statement under oath and shall retain the recording as part
of the record of proceedings for the issuance of the warrant. The
recording shall constitute an affidavit for the purposes of this
section. The applicant shall retain a copy of the recording and
shall provide a copy of the recording to the district attorney if
the district attorney is not the applicant. + }
(6)(a) In addition to the procedure set out in subsection (5)
of this section, the proposed warrant and the affidavit may be
sent to the court by facsimile transmission or any similar
electronic transmission that delivers a complete printable image
of the signed affidavit and proposed warrant. The affidavit may
have a notarized acknowledgment, or the affiant may swear to the
affidavit by telephone. A judge administering an oath
telephonically under this subsection must execute a declaration
that recites the manner and time of the oath's administration.
The declaration must be filed with the return.
(b) When a court issues a warrant upon an application made
under paragraph (a) of this subsection:
(A) The court may transmit the signed warrant to the person
making application under subsection (3) of this section by means
of facsimile transmission or similar electronic transmission, as
described in paragraph (a) of this subsection. The court shall
file the original signed warrant and a printed image of the
application with the return.
(B) The person making application shall deliver the original
signed affidavit to the court with the return. If the affiant
swore to the affidavit by telephone, the affiant must so note
next to the affiant's signature on the affidavit.
SECTION 2. { + The amendments to ORS 133.545 by section 1 of
this 2013 Act apply only to warrants issued on or after the
effective date of this 2013 Act. + }
SECTION 3. { + This 2013 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2013 Act takes effect on its
passage. + }
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Enrolled House Bill 3286 (HB 3286-A) Page 2
Passed by House April 29, 2013
.............................................................
Ramona J. Line, Chief Clerk of House
.............................................................
Tina Kotek, Speaker of House
Passed by Senate May 15, 2013
.............................................................
Peter Courtney, President of Senate
Enrolled House Bill 3286 (HB 3286-A) Page 3
Received by Governor:
......M.,............., 2013
Approved:
......M.,............., 2013
.............................................................
John Kitzhaber, Governor
Filed in Office of Secretary of State:
......M.,............., 2013
.............................................................
Kate Brown, Secretary of State
Enrolled House Bill 3286 (HB 3286-A) Page 4
