2001 Legislation
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HOUSE BILL NO. 182 – Search warrants, executed, when

HOUSE BILL NO. 182

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Daily Data Tracking History



H0182................................by JUDICIARY, RULES AND ADMINISTRATION
SEARCH WARRANTS - Amends existing law to extend the time within which a
search warrant must be executed and returned to the issuing magistrate.
                                                                        
02/08    House intro - 1st rdg - to printing
02/09    Rpt prt - to Jud
02/16    Rpt out - rec d/p - to 2nd rdg
02/19    2nd rdg - to 3rd rdg
02/21    3rd rdg - PASSED - 62-0-8
      AYES -- Barraclough, Barrett, Bedke, Bell, Bieter, Black, Boe, Bolz,
      Bradford, Bruneel, Callister, Campbell, Chase, Clark, Crow, Cuddy,
      Denney, Ellis, Ellsworth, Eskridge, Field(13), Gagner, Gould, Hadley,
      Hammond, Harwood, Henbest, Higgins, Jaquet, Jones, Kellogg, Kendell,
      Kunz, Lake, Langford, Loertscher, Mader, Marley, McKague, Meyer,
      Montgomery, Mortensen, Moss, Moyle, Pearce, Pischner, Pomeroy,
      Raybould, Robison, Sali, Schaefer, Sellman, Shepherd, Smylie,
      Stevenson, Stone, Swan, Tilman, Trail, Wood, Young, Mr. Speaker
      NAYS -- None
      Absent and excused -- Collins, Deal, Field(20), Hornbeck, Ridinger,
      Roberts, Smith, Wheeler
    Floor Sponsor -- Young
    Title apvd - to Senate
02/22    Senate intro - 1st rdg - to Jud
02/27    Rpt out - rec d/p - to 2nd rdg
02/28    2nd rdg - to 3rd rdg
03/16    3rd rdg - PASSED - 34-0-1
      AYES -- Andreason, Boatright, Branch(Bartlett), Brandt, Bunderson,
      Burtenshaw, Cameron, Danielson, Darrington, Davis, Deide, Dunklin,
      Frasure, Geddes, Goedde, Hawkins, Ingram, Ipsen, Keough,
      King-Barrutia, Lee, Lodge, Noh, Richardson, Risch, Sandy, Schroeder,
      Sims, Sorensen, Stegner, Stennett, Thorne, Wheeler, Whitworth
      NAYS -- None
      Absent and excused -- Williams
    Floor Sponsor -- Lodge
    Title apvd - to House
03/19    To enrol
03/20    Rpt enrol - Sp signed
03/21    Pres signed - to Governor
03/26    Governor signed
         Session Law Chapter 201
         Effective: 07/01/01

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  First Regular Session - 2001
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 182
                                                                        
                      BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO SEARCH WARRANTS; AMENDING SECTION 19-4412, IDAHO CODE,  TO  EXTEND
  3        THE  TIME  WITHIN  WHICH A SEARCH WARRANT MUST BE EXECUTED AND RETURNED TO
  4        THE ISSUING MAGISTRATE.
                                                                        
  5    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  6        SECTION 1.  That Section 19-4412, Idaho Code, be, and the same  is  hereby
  7    amended to read as follows:
                                                                        
  8        19-4412.  TIME  FOR  EXECUTING  WARRANT. A search warrant must be executed
  9    and returned to the magistrate who issued it, within ten fourteen  (104)  days
 10    after  its  date;  after  the expiration of this time the warrant, unless exe-
 11    cuted, is void.

Statement of Purpose / Fiscal Impact


                      STATEMENT OF PURPOSE

                           RS10831
                               
This bill amends section 19-4412, Idaho Code, relating to the
issuance of a search warrant, to extend the time for executing and
returning the warrant from 10 days to 14 days after its date.

Idaho Code section 19-4412 provides that a search warrant must
be executed and returned to the magistrate who issued it within ten
(10) days after its date, or the warrant is void. The Idaho Criminal
Rules give a law enforcement officer fourteen (14) days to execute a
search warrant. This bill enlarges the time period in the statute to
fourteen (14) days to bring about a consistency between the statute
and criminal rule, and give law enforcement more opportunity to
complete its duties.





NO tiscal impact.
                         FISCAL NOTE
                               
                               
                               
                               
                               
                               
                               
                               
                               
                               
                               
                               
                               
                               
                               
Contact Person:
Representative Gary Young
(208) 332-1000







Statement of Purpose/Fiscal Note               H 18