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S1164................................................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.
02/20 Senate intro - 1st rdg - to printing
02/21 Rpt prt - to Jud
02/26 Rpt out - rec d/p - to 2nd rdg
02/27 2nd rdg - to 3rd rdg
03/01 3rd rdg - PASSED - 32-1-2
AYES -- Andreason, Bair, Bastian, Bilyeu, Broadsword, Cameron,
Corder, Darrington, Davis, Fulcher, Gannon, Geddes, Goedde, Hammond,
Heinrich, Hill, Jorgenson, Kelly, Langhorst, Little, Lodge, Malepeai,
McGee, McKague, McKenzie, Pearce, Richardson, Schroeder, Siddoway,
Stegner, Stennett, Werk
NAYS -- Keough
Absent and excused -- Burkett, Coiner
Floor Sponsor - Jorgenson
Title apvd - to House
03/02 House intro - 1st rdg - to Jud
03/06 Rpt out - rec d/p - to 2nd rdg
03/07 2nd rdg - to 3rd rdg
03/12 3rd rdg - PASSED - 63-2-5
AYES -- Anderson, Andrus, Bedke, Bell, Bilbao, Black, Block, Bock,
Boe, Bolz, Brackett, Bradford, Chadderdon, Chavez, Chew, Collins,
Crane, Durst, Edmunson, Eskridge, Hagedorn, Harwood, Henbest,
Henderson, Jaquet, Killen, King, Kren, Labrador, Lake, LeFavour,
Loertscher, Luker, Marriott, Mathews, McGeachin, Mortimer, Moyle,
Nielsen, Pasley-Stuart, Patrick, Pence, Raybould, Ring, Ringo,
Ruchti, Rusche, Sayler, Schaefer, Shepherd(2), Shepherd(8), Shirley,
Shively, Smith(30), Snodgrass, Stevenson, Thayn, Trail, Vander Woude,
Wills, Wood(27), Wood(35), Mr. Speaker
NAYS -- Barrett, Hart
Absent and excused -- Bayer, Clark, Nonini, Roberts, Smith(24)
Floor Sponsor - Wills
Title apvd - to Senate
03/13 To enrol
03/14 Rpt enrol - Pres signed - Sp signed
03/15 To Governor
03/20 Governor signed
Session Law Chapter 105
Effective: 07/01/07
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-ninth Legislature First Regular Session - 2007
IN THE SENATE
SENATE BILL NO. 1164
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.
5 Be It Enacted by the Legislature of the State of Idaho:
6 SECTION 1. That Section 19-4408, Idaho Code, be, and the same is hereby
7 amended to read as follows:
8 19-4408. SERVICE OF WARRANT. A search warrant may in all cases be served
9 by any of the officers mentioned in its directions, but by no other person,
10 except in aid of the officer on his requiring it, he being present and acting
11 in its execution. Service of a warrant may be made by the officers mentioned
12 in its directions in person, by mail or facsimile transmission, or by elec-
13 tronic mail. Unless an investigation necessitates otherwise, the officer
14 should attempt notification on the person whom it is served prior to elec-
15 tronic mail service.
STATEMENT OF PURPOSE
RS 17044
The purpose of this bill is to bring the search warrant
statute into compliance with modern practice. Most corporations,
including banks, telephone companies, internet companies and
similar businesses that have records law enforcement may seek in
a criminal investigation, prefer that search warrants be served
electronically. Current law requires such service to be in
person by a police officer. This bill allows for service by
mail, facsimile or electronic means.
FISCAL NOTE
There will be no impact on the general fund of the state as
a result of this bill.
Contact
Name: Michael J. Kane, Idaho Sheriffs Association
Phone: 342-4545
STATEMENT OF PURPOSE/FISCAL NOTE S 1164