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.