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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 - 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.
]]]] 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".
]]]] 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
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