House File 582 H-1194 Amend House File 582 as follows: 1 1. By striking everything after the enacting clause 2 and inserting: 3 < Section 1. Section 602.1614, subsection 3, Code 4 2017, is amended by adding the following new paragraph: 5 NEW PARAGRAPH . 0m. Establishing processes and 6 procedures for an application and for the issuance of a 7 search warrant under chapter 808 by electronic means. 8 Sec. 2. Section 808.1, subsection 2, Code 2017, is 9 amended to read as follows: 10 2. “Affidavit” means a written declaration 11 or statement of fact made under oath, or legally 12 sufficient affirmation, submitted in person or by 13 electronic submission before any person authorized to 14 administer oaths within or without the state. 15 Sec. 3. Section 808.1, Code 2017, is amended by 16 adding the following new subsections: 17 NEW SUBSECTION . 3. “Electronic” or “electronically” 18 means relating to technology having electrical, 19 digital, magnetic, telephonic, wireless, optical, 20 electromagnetic, or similar capabilities. For 21 governmental agencies, this may include alternate 22 software to exchange electronic records with the 23 court’s electronic document management system. 24 NEW SUBSECTION . 4. “Electronic submission” means 25 the process by which a person may electronically submit 26 an application for a search warrant and any supporting 27 documents to the court for review or other court 28 action. 29 Sec. 4. Section 808.3, Code 2017, is amended to 30 read as follows: 31 808.3 Application for search warrant. 32 1. a. A person may make application for the 33 issuance of a search warrant by submitting before a 34 magistrate a written application, supported by the 35 -1- HF582.1459 (2) 87 jm/rh 1/ 5 #1.

person’s oath or affirmation, which includes facts, 1 information, and circumstances tending to establish 2 sufficient grounds for granting the application, and 3 probable cause for believing that the grounds exist. 4 The application shall describe the person, place, or 5 thing to be searched and the property to be seized 6 with sufficient specificity to enable an independent 7 reasonable person with reasonable effort to ascertain 8 and identify the person, place, or thing. 9 b. The search warrant application and any 10 supporting documents may be submitted to the magistrate 11 in person or by electronic submission. If a search 12 warrant is submitted by electronic submission, the 13 magistrate may use electronic means to contact the 14 person submitting the application and supporting 15 documents to confirm the identity of the person, and 16 may administer the person’s oath or affirmation and 17 accept the person’s sworn testimony by electronic 18 means, subject to the processes and procedures 19 established by the judicial branch. 20 2. If the magistrate issues the search warrant, the 21 magistrate shall endorse on the application the name 22 and address of all persons upon whose sworn testimony 23 the magistrate relied to issue the warrant together 24 with the abstract of each witness’ testimony, or 25 the witness’ affidavit. However, if the grounds for 26 issuance are supplied by an informant, the magistrate 27 shall identify only the peace officer to whom the 28 information was given. The application or sworn 29 testimony supplied in support of the application must 30 establish the credibility of the informant or the 31 credibility of the information given by the informant. 32 The magistrate may in the magistrate’s discretion 33 require that a witness upon whom the applicant relies 34 for information appear personally and be examined 35 -2- HF582.1459 (2) 87 jm/rh 2/ 5

concerning the information. 1 Sec. 5. Section 808.4, Code 2017, is amended to 2 read as follows: 3 808.4 Issuance. 4 Upon a finding of probable cause for grounds 5 to issue a search warrant, the magistrate shall 6 issue a warrant, signed by the magistrate with the 7 magistrate’s name of office, directed to any peace 8 officer, commanding that peace officer forthwith 9 to search the named person, place, or thing within 10 the state for the property specified, and to bring 11 any property seized before file with the magistrate 12 or clerk of the district court, a written inventory 13 itemizing all seized property . The warrant may be 14 issued electronically, subject to the processes and 15 procedures established by the judicial branch, and if 16 so, the peace officer shall cause a printed copy of the 17 warrant to be made for service of process. 18 Sec. 6. Section 808.4A, subsection 2, Code 2017, is 19 amended to read as follows: 20 2. a. The application shall describe the person, 21 place, or thing to be tracked or monitored by a 22 global positioning device, or the removal of such a 23 device from a person, place, or thing with sufficient 24 specificity to enable an independent reasonable person 25 with reasonable effort to ascertain and identify the 26 person, place, or thing. If the magistrate issues the 27 search warrant, the magistrate shall endorse on the 28 application the name and address of all persons upon 29 whose sworn testimony the magistrate relied to issue 30 the warrant together with the abstract of each witness’ 31 testimony, or the witness’ affidavit. However, if the 32 grounds for issuance are supplied by an informant, the 33 magistrate shall identify only the peace officer to 34 whom the information was given. The application or 35 -3- HF582.1459 (2) 87 jm/rh 3/ 5

sworn testimony supplied in support of the application 1 must establish the credibility of the informant or the 2 credibility of the information given by the informant. 3 The magistrate may in the magistrate’s discretion 4 require that a witness upon whom the applicant relies 5 for the information appear personally and be examined 6 concerning the information. 7 b. The search warrant application and any 8 supporting documents may be submitted to the magistrate 9 in person or by electronic submission. If a search 10 warrant is submitted by electronic submission, the 11 magistrate may use electronic means to contact the 12 person submitting the application and supporting 13 documents to confirm the identity of the person, and 14 may administer the person’s oath or affirmation and 15 accept the person’s sworn testimony by electronic 16 means, subject to the processes and procedures 17 established by the judicial branch. 18 Sec. 7. Section 808.8, subsection 2, Code 2017, is 19 amended to read as follows: 20 2. The officer must file, with the officer’s 21 return, a complete inventory of the property taken with 22 the magistrate or clerk of the district court , and 23 state under oath that it is accurate to the best of 24 the officer’s knowledge. The magistrate or clerk of 25 the district court must, if requested, deliver a copy 26 of the inventory of seized property to the person from 27 whose possession it was taken and to the applicant for 28 the warrant. 29 Sec. 8. Section 808.11, Code 2017, is amended to 30 read as follows: 31 808.11 Transmission of papers documents to district 32 court clerk. 33 The magistrate who has issued a search warrant shall 34 attach to the warrant a copy of the return, inventory , 35 -4- HF582.1459 (2) 87 jm/rh 4/ 5

if the inventory has not already been filed with the 1 clerk of the district court, and all other papers 2 documents in connection therewith and shall file them 3 with the clerk of the district court for the county in 4 which the property was seized. 5 Sec. 9. CONTINGENT EFFECTIVE DATE. This Act takes 6 effect on the effective date of rules prescribed by the 7 supreme court and submitted to the legislative council 8 pursuant to section 602.4202, that establish processes 9 and procedures for the application and issuance of a 10 search warrant by electronic means to implement this 11 Act. > 12 2. Title page, by striking lines 1 through 5 13 and inserting < An Act relating to search warrants, 14 by allowing an application for and the issuance of 15 a search warrant by electronic means, and allowing 16 for the written inventory of any property seized to 17 be filed with the clerk of the district court, and 18 including effective date provisions. > 19 ______________________________ HOLT of Crawford -5- HF582.1459 (2) 87 jm/rh 5/ 5 #2.