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S1354aa,aa...........................................by JUDICIARY AND RULES SEARCH WARRANTS - Amends existing law relating to warrants to remove language requiring search warrants to be served with the officer present; and to allow for service of warrants by specified means. 02/06 Senate intro - 1st rdg - to printing 02/07 Rpt prt - to Jud 02/14 Rpt out - to 14th Ord 02/17 Rpt out amen - to engros 02/20 Rpt engros - 1st rdg - to 2nd rdg as amen 02/21 2nd rdg - to 3rd rdg as amen 02/22 To 14th Ord 02/28 Rpt out amen - to engros 03/01 Rpt engros - 1st rdg - to 2nd rdg as amen 03/02 2nd rdg - to 3rd rdg as amen 03/06 3rd rdg as amen - PASSED - 30-2-3 AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett, Burtenshaw, Cameron, Coiner, Compton, Corder, Darrington, Fulcher, Gannon, Geddes, Goedde, Hill, Kelly, Langhorst, Little, Lodge, Marley, McGee, McKenzie, Pearce, Richardson, Schroeder, Stegner, Sweet, Werk, Williams NAYS -- Jorgenson, Keough Absent and excused -- Davis, Malepeai, Stennett Floor Sponsor - Richardson Title apvd - to House 03/07 House intro - 1st rdg - to Jud
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature Second Regular Session - 2006IN THE SENATE SENATE BILL NO. 1354 BY JUDICIARY AND RULES COMMITTEE 1 AN ACT 2 RELATING TO WARRANTS; AMENDING SECTION 19-4408, IDAHO CODE, TO REMOVE LANGUAGE 3 REQUIRING SEARCH WARRANTS TO BE SERVED WITH THE OFFICER PRESENT AND TO 4 ALLOW FOR SERVICE OF WARRANTS BY SPECIFIED MEANS; AND DECLARING AN EMER- 5 GENCY. 6 Be It Enacted by the Legislature of the State of Idaho: 7 SECTION 1. That Section 19-4408, Idaho Code, be, and the same is hereby 8 amended to read as follows: 9 19-4408. SERVICE OF WARRANT. A search warrant may in all cases be served 10 by any of the officers mentioned in its directions, but by no other person, 11 except in aid of the officer on his requiring it, he being present and acting12in its execution. Service of a warrant may be made by the officers mentioned 13 in its directions in person, by mail or facsimile, or electronically. 14 SECTION 2. An emergency existing therefor, which emergency is hereby 15 declared to exist, this act shall be in full force and effect on and after its 16 passage and approval.
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature Second Regular Session - 2006Moved by Richardson Seconded by Sweet IN THE SENATE SENATE AMENDMENT TO S.B. NO. 1354, As Amended 1 AMENDMENT TO SECTION 1 2 On page 1 of the engrossed bill, in line 14, following "mail." insert: 3 "Unless an investigation necessitates otherwise, the officer should attempt 4 notification prior to electronic mail service.". 2 Moved by Richardson Seconded by Sweet IN THE SENATE SENATE AMENDMENT TO S.B. NO. 1354 1 AMENDMENTS TO SECTION 1 2 On page 1 of the printed bill, in line 13, delete "facsimile, or 3 electronically" and insert: "facsimile transmission, or by electronic mail".
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature Second Regular Session - 2006IN THE SENATE SENATE BILL NO. 1354, As Amended, As Amended BY JUDICIARY AND RULES COMMITTEE 1 AN ACT 2 RELATING TO WARRANTS; AMENDING SECTION 19-4408, IDAHO CODE, TO REMOVE LANGUAGE 3 REQUIRING SEARCH WARRANTS TO BE SERVED WITH THE OFFICER PRESENT AND TO 4 ALLOW FOR SERVICE OF WARRANTS BY SPECIFIED MEANS; AND DECLARING AN EMER- 5 GENCY. 6 Be It Enacted by the Legislature of the State of Idaho: 7 SECTION 1. That Section 19-4408, Idaho Code, be, and the same is hereby 8 amended to read as follows: 9 19-4408. SERVICE OF WARRANT. A search warrant may in all cases be served 10 by any of the officers mentioned in its directions, but by no other person, 11 except in aid of the officer on his requiring it, he being present and acting12in its execution. Service of a warrant may be made by the officers mentioned 13 in its directions in person, by mail or facsimile transmission, or by elec- 14 tronic mail. Unless an investigation necessitates otherwise, the officer 15 should attempt notification prior to electronic mail service. 16 SECTION 2. An emergency existing therefor, which emergency is hereby 17 declared to exist, this act shall be in full force and effect on and after its 18 passage and approval. 2 IN THE SENATE SENATE BILL NO. 1354, As Amended BY JUDICIARY AND RULES COMMITTEE 1 AN ACT 2 RELATING TO WARRANTS; AMENDING SECTION 19-4408, IDAHO CODE, TO REMOVE LANGUAGE 3 REQUIRING SEARCH WARRANTS TO BE SERVED WITH THE OFFICER PRESENT AND TO 4 ALLOW FOR SERVICE OF WARRANTS BY SPECIFIED MEANS; AND DECLARING AN EMER- 5 GENCY. 6 Be It Enacted by the Legislature of the State of Idaho: 7 SECTION 3. That Section 19-4408, Idaho Code, be, and the same is hereby 8 amended to read as follows: 9 19-4408. SERVICE OF WARRANT. A search warrant may in all cases be served 10 by any of the officers mentioned in its directions, but by no other person, 11 except in aid of the officer on his requiring it, he being present and acting12in its execution. Service of a warrant may be made by the officers mentioned 13 in its directions in person, by mail or facsimile transmission, or by elec- 14 tronic mail. 15 SECTION 4. An emergency existing therefor, which emergency is hereby 16 declared to exist, this act shall be in full force and effect on and after its 17 passage and approval.
STATEMENT OF PURPOSE RS 15904 The purpose of this bill is to amend obsolete language in found in Idaho Code 19-4408 pertaining to the service of search warrants. The bill clarifies that search warrants may be served by mail or facsimile or electronically in addition to personal service. FISCAL IMPACT There will be no impact on the general fund of the state as a result of this bill. CONTACT: Michael J. Kane, Idaho Sheriffs Association Phone: 342-4545 STATEMENT OF PURPOSE/FISCAL NOTE S 1354