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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
|||| 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
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