House File 475 - Introduced HOUSE FILE 475 BY COMMITTEE ON PUBLIC SAFETY (SUCCESSOR TO HSB 91) A BILL FOR An Act relating to the issuance of a search warrant to 1 authorize the placement, tracking, monitoring, and removal 2 of a global positioning device. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1944HV (1) 85 jm/rj

H.F. 475 Section 1. Section 808.1, subsection 1, Code 2013, is 1 amended to read as follows: 2 1. “Search warrant” means an order in writing pursuant 3 to the requirements of section 808.3 , in the name of the 4 state, signed by a magistrate, and directed to a peace officer 5 commanding the officer to search a person, premises, or thing , 6 issued pursuant to the requirements of section 808.3, or to 7 place, track, monitor, or remove a global positioning device, 8 issued pursuant to the requirements of section 808.3A . 9 Sec. 2. NEW SECTION . 808.3A Application for search warrant 10 —— global positioning device. 11 A peace officer may make application to a judicial 12 officer for the issuance of a search warrant to authorize 13 the placement, tracking, monitoring, or removal of a global 14 positioning device, supported by a peace officer’s oath 15 or affirmation, which includes facts, information, and 16 circumstances tending to establish sufficient grounds for 17 granting the peace officer’s application, and probable cause 18 for believing the grounds exist. Upon a finding of probable 19 cause to issue such a warrant, the judicial officer shall issue 20 a warrant, signed by the judicial officer with the judicial 21 officer’s name of office, directed to any peace officer, 22 commanding that the peace officer place, track, monitor, or 23 remove the global positioning device. 24 EXPLANATION 25 This bill relates to the issuance of a search warrant 26 regarding the use of a global positioning device. 27 The bill authorizes a peace officer to make an application 28 to a judicial officer for the issuance of a search warrant to 29 authorize the placement, tracking, monitoring, or removal of 30 a global positioning device, if the application is supported 31 by the peace officer’s oath and affirmation, including other 32 facts and circumstances that establish sufficient grounds for 33 granting the peace officer’s application, and probable cause 34 for believing the grounds exist. Upon a finding of probable 35 -1- LSB 1944HV (1) 85 jm/rj 1/ 2

H.F. 475 cause to issue a search warrant, the judicial officer shall 1 issue the search warrant, commanding that the peace officer 2 place, track, monitor, or remove the global positioning device. 3 Current law only allows a special state agent, defined in 4 Code section 808B.1 as a peace officer of the department of 5 public safety, to make an application to a judicial officer for 6 the issuance of a search warrant for the placement, tracking, 7 or monitoring of a global positioning device in Code section 8 808B.5(12). 9 -2- LSB 1944HV (1) 85 jm/rj 2/ 2