2007 Legislation
Print Friendly

SENATE BILL NO. 1164 – Search warrants, service

SENATE BILL NO. 1164

View Bill Status

View Bill Text

View Statement of Purpose / Fiscal Impact



Text to be added within a bill has been marked with Bold and
Underline. Text to be removed has been marked with
Strikethrough and Italic. How these codes are actually displayed will
vary based on the browser software you are using.

This sentence is marked with bold and underline to show added text.

This sentence is marked with strikethrough and italic, indicating
text to be removed.

Bill Status



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

Bill Text


                                                                        
                                                                        
  ]]]]              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 / Fiscal Impact



                       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