House
File
475
S-5062
Amend
House
File
475,
as
passed
by
the
House,
as
1
follows:
2
1.
Page
1,
line
1,
by
striking
<
2013
>
and
inserting
3
<
2014
>
4
2.
Page
1,
by
striking
lines
12
through
24
and
5
inserting:
6
<
1.
A
peace
officer
may
make
a
written
application
7
to
a
magistrate
for
the
issuance
of
a
search
warrant
8
to
authorize
the
placement,
tracking,
monitoring,
or
9
removal
of
a
global
positioning
device,
supported
by
10
a
peace
officer’s
oath
or
affirmation,
which
includes
11
facts,
information,
and
circumstances
tending
to
12
establish
sufficient
grounds
for
granting
the
peace
13
officer’s
application,
and
probable
cause
for
believing
14
the
grounds
exist.
15
2.
The
application
shall
describe
the
person,
16
place,
or
thing
to
be
tracked
or
monitored
by
a
17
global
positioning
device,
or
the
removal
of
such
a
18
device
from
a
person,
place,
or
thing
with
sufficient
19
specificity
to
enable
an
independent
reasonable
person
20
with
reasonable
effort
to
ascertain
and
identify
the
21
person,
place,
or
thing.
If
the
magistrate
issues
the
22
search
warrant,
the
magistrate
shall
endorse
on
the
23
application
the
name
and
address
of
all
persons
upon
24
whose
sworn
testimony
the
magistrate
relied
to
issue
25
the
warrant
together
with
the
abstract
of
each
witness’
26
testimony,
or
the
witness’
affidavit.
However,
if
the
27
grounds
for
issuance
are
supplied
by
an
informant,
the
28
magistrate
shall
identify
only
the
peace
officer
to
29
whom
the
information
was
given.
The
application
or
30
sworn
testimony
supplied
in
support
of
the
application
31
must
establish
the
credibility
of
the
informant
or
the
32
credibility
of
the
information
given
by
the
informant.
33
The
magistrate
may
in
the
magistrate’s
discretion
34
require
that
a
witness
upon
whom
the
applicant
relies
35
for
the
information
appear
personally
and
be
examined
36
concerning
the
information.
37
3.
Upon
a
finding
of
probable
cause
to
issue
such
a
38
warrant,
the
magistrate
shall
issue
a
warrant,
signed
39
by
the
magistrate
with
the
magistrate’s
name
of
office,
40
directed
to
any
peace
officer,
commanding
that
the
41
peace
officer
place,
track,
monitor,
or
remove
the
42
global
positioning
device.
>
43
______________________________
COMMITTEE
ON
JUDICIARY
ROBERT
M.
HOGG,
CHAIRPERSON
-1-
HF475.3107
(4)
85
jm/rj
1/
1
#1.
#2.