H.F. 13 Section 1. Section 321J.10, subsection 3, unnumbered 1 paragraph 1, Code 2017, is amended to read as follows: 2 Notwithstanding section 808.3 , the The issuance of a search 3 warrant under this section may be issued as provided in chapter 4 808. However, a search warrant under this section may also 5 be issued based upon sworn oral testimony communicated by 6 telephone if the magistrate who is asked to issue the warrant 7 is satisfied that the circumstances make it reasonable to 8 dispense with a written affidavit. The following shall then 9 apply: 10 Sec. 2. Section 462A.14D, subsection 3, unnumbered 11 paragraph 1, Code 2017, is amended to read as follows: 12 Notwithstanding section 808.3 , the The issuance of a search 13 warrant under this section may be issued as provided in chapter 14 808. However, a search warrant under this section may also 15 be issued based upon sworn oral testimony communicated by 16 telephone if the magistrate who is asked to issue the warrant 17 is satisfied that the circumstances make it reasonable to 18 dispense with a written affidavit. The following shall then 19 apply: 20 Sec. 3. Section 602.1614, subsection 3, Code 2017, is 21 amended by adding the following new paragraph: 22 NEW PARAGRAPH . 0m. Establishing processes and procedures 23 for an application for and the issuance of a search warrant 24 under chapter 808 by electronic means. 25 Sec. 4. Section 808.3, Code 2017, is amended to read as 26 follows: 27 808.3 Application for search warrant. 28 1. A person may make application for the issuance of a 29 search warrant by submitting before a magistrate a written 30 application, supported by the person’s oath or affirmation, 31 which includes facts, information, and circumstances tending 32 to establish sufficient grounds for granting the application, 33 and probable cause for believing that the grounds exist. The 34 application shall describe the person, place, or thing to 35 -1- LSB 1090YH (11) 87 jm/rh/rj 1/ 4

H.F. 13 be searched and the property to be seized with sufficient 1 specificity to enable an independent reasonable person with 2 reasonable effort to ascertain and identify the person, 3 place, or thing. If the magistrate issues the search warrant, 4 the magistrate shall endorse on the application the name 5 and address of all persons upon whose sworn testimony the 6 magistrate relied to issue the warrant together with the 7 abstract of each witness’ testimony, or the witness’ affidavit. 8 However, if the grounds for issuance are supplied by an 9 informant, the magistrate shall identify only the peace officer 10 to whom the information was given. The application or sworn 11 testimony supplied in support of the application must establish 12 the credibility of the informant or the credibility of the 13 information given by the informant. The magistrate may in 14 the magistrate’s discretion require that a witness upon whom 15 the applicant relies for information appear personally and be 16 examined concerning the information. 17 2. An application for the issuance of a search warrant 18 pursuant to this section may be submitted electronically 19 subject to the processes and procedures established by the 20 judicial branch. 21 Sec. 5. Section 808.4, Code 2017, is amended to read as 22 follows: 23 808.4 Issuance. 24 1. Upon a finding of probable cause for grounds to issue a 25 search warrant, the magistrate shall issue a warrant, signed by 26 the magistrate with the magistrate’s name of office, directed 27 to any peace officer, commanding that peace officer forthwith 28 to search the named person, place, or thing within the state 29 for the property specified, and to bring any property seized 30 before the magistrate. 31 2. A search warrant issued pursuant to this section may be 32 issued electronically subject to the processes and procedures 33 established by the judicial branch. 34 Sec. 6. Section 808.4A, Code 2017, is amended by adding the 35 -2- LSB 1090YH (11) 87 jm/rh/rj 2/ 4

H.F. 13 following new subsection: 1 NEW SUBSECTION . 4. A search warrant issued pursuant to this 2 section may be issued electronically subject to the processes 3 and procedures established by the judicial branch. 4 Sec. 7. Section 808.14, Code 2017, is amended to read as 5 follows: 6 808.14 Administrative warrants. 7 1. The courts and other appropriate agencies of the judicial 8 branch of the government of this state may issue administrative 9 search warrants, in accordance with the statutory and common 10 law requirements for the issuance of such warrants, to all 11 governmental agencies or bodies expressly or impliedly provided 12 with statutory or constitutional home rule authority for 13 inspections to the extent necessary for the agency or body to 14 carry out such authority, to be executed or otherwise carried 15 out by an officer or employee of the agency or body. 16 2. An administrative search warrant issued pursuant to this 17 section may be issued electronically subject to the processes 18 and procedures established by the judicial branch. 19 Sec. 8. Section 808B.5, subsection 1, unnumbered paragraph 20 1, Code 2017, is amended to read as follows: 21 An application for an order authorizing or approving the 22 interception of a wire, oral, or electronic communication shall 23 may be made in writing upon oath or affirmation to a court and 24 shall state the applicant’s authority to make the application. 25 An application may be made electronically pursuant to this 26 section subject to the processes and procedures established 27 by the judicial branch. An application shall include the 28 following information: 29 Sec. 9. Section 808B.11, subsection 1, unnumbered paragraph 30 1, Code 2017, is amended to read as follows: 31 An application for an order or an extension of an order 32 authorizing or approving the installation and use of a pen 33 register or a trap and trace device shall may be made in 34 writing by a prosecuting attorney upon oath or affirmation to 35 -3- LSB 1090YH (11) 87 jm/rh/rj 3/ 4

H.F. 13 a district court. An application may be made electronically 1 pursuant to this section subject to the processes and 2 procedures established by the judicial branch. Only a special 3 state agent may conduct an investigation authorized under this 4 section or section 808B.12 . An application shall include the 5 following information: 6 EXPLANATION 7 The inclusion of this explanation does not constitute agreement with 8 the explanation’s substance by the members of the general assembly. 9 This bill relates to an application for and the issuance of a 10 search warrant by electronic means. 11 The bill allows the judicial branch to establish processes 12 and procedures that allow for the application for and the 13 issuance of a search warrant by electronic means under Code 14 sections 321J.10 (operating a motor vehicle while intoxicated), 15 462A.14D (operating a motorboat or sailboat while intoxicated), 16 808.3 (application for a search warrant), 808.4 (issuance of 17 a search warrant), 808.4A (application and issuance of search 18 warrant —— global positioning device), 808.14 (administrative 19 warrants), 808B.5 (application for an order authorizing or 20 approving the interception of a wire, oral, or electronic 21 communication), and 808B.11 (application and order to install 22 and use a pen register or trap and trace device). 23 -4- LSB 1090YH (11) 87 jm/rh/rj 4/ 4