HSB 91 (LSB 1944HC (2) 85)

HOUSE FILE _____

BY  (PROPOSED COMMITTEE ON PUBLIC SAFETY BILL BY CHAIRPERSON BAUDLER)

A BILL FOR

An Act relating to the issuance of a search warrant to authorize the placement, tracking, monitoring, and removal of a global positioning device.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 808.1, subsection 1, Code 2013, is amended to read as follows:
   1.  “Search warrant” means an order in writing pursuant to the requirements of section 808.3, in the name of the state, signed by a magistrate, and directed to a peace officer commanding the officer to search a person, premises, or thing, issued pursuant to the requirements of section 808.3, or to place, track, monitor, or remove a global positioning device, issued pursuant to the requirements of section 808.3A.
    Sec. 2.  NEW SECTION.  808.3A  Application for search warrant

 —— global positioning device.
   A peace officer may make application to a judicial officer for the issuance of a search warrant to authorize the placement, tracking, monitoring, or removal of a global positioning device, supported by a peace officer’s oath or affirmation, which includes facts, information, and circumstances tending to establish sufficient grounds for granting the peace officer’s application, and probable cause for believing the grounds exist. Upon a finding of probable cause to issue such a warrant, the judicial officer shall issue a warrant, signed by the judicial officer with the judicial officer’s name of office, directed to any peace officer, commanding that the peace officer place, track, monitor, or remove the global positioning device.
EXPLANATION
   This bill relates to the issuance of a search warrant regarding the use of a global positioning device.
   The bill authorizes a peace officer to make an application to a judicial officer for the issuance of a search warrant to authorize the placement, tracking, monitoring, or removal of a global positioning device, if the application is supported by the peace officer’s oath and affirmation, including other facts and circumstances that establish sufficient grounds for granting the peace officer’s application, and probable cause for believing the grounds exist. Upon a finding of probable cause to issue a search warrant, the judicial officer shall issue the search warrant, commanding that the peace officer place, track, monitor, or remove the global positioning device.
   Current law only allows a special state agent, defined in Code section 808B.1 as a peace officer of the department of public safety, to make an application to a judicial officer for the issuance of a search warrant for the placement, tracking, or monitoring of a global positioning device in Code section 808B.5(12).