2006 Legislation
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SENATE BILL NO. 1354 – Search warrant, service

SENATE BILL NO. 1354

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Bill Status



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

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   Second Regular Session - 2006
                                                                        
                                                                        
                                       IN 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 acting
 12    in 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.

Amendment


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   Second Regular Session - 2006
                                                                        
                                                                        
                                                     Moved 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".

Engrossed Bill (Original Bill with Amendment(s) Incorporated)


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   Second Regular Session - 2006
                                                                        
                                                                        
                                       IN 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 acting
 12    in 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 acting
 12    in 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 / Fiscal Impact


                       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