HF 2311 (LSB 5211HV (1) 87)

HOUSE FILE 2311

BY  COMMITTEE ON PUBLIC SAFETY

(SUCCESSOR TO HSB 553)

A BILL FOR

An Act relating to an ex parte court order authorizing the interception of wire, oral, or electronic communications by special state agents.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 808B.5, subsection 3, paragraph a, Code 2018, is amended to read as follows:
   a.  (1)  There is probable cause for belief that an individual is committing, has committed, or is about to commit a felony offense involving dealing in controlled substances, as defined in section 124.101, subsection 5 described in section 808B.3, subsection 1, 2, 3, 4, or 6.
   (2)  There is probable cause for belief that the evidence is related to a circumstance described in section 808B.3, subsection 5.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to an ex parte court order authorizing the interception of wire, oral, or electronic communications by special state agents.
   The bill specifies that upon application, the court may enter an ex parte order, authorizing the interception of wire, oral, or electronic communications if the court finds there is probable cause for belief that an individual is committing, has committed, or is about to commit a felony offense involving any of the following: a forcible felony, a felony offense involving ongoing criminal conduct in violation of Code chapter 706A, a felony offense involving money laundering in violation of Code chapter 706B, or a felony offense involving human trafficking in violation of Code chapter 710A. The bill also authorizes, upon application, the interception of wire, oral, or electronic communications if the court finds there is probable cause for belief that the evidence is related to a felony fugitive warrant issued in the state or involves an individual who is reasonably believed to be located within the state. 
   Currently, the court may, upon application, enter an order authorizing the interception of wire, oral, or electronic communications if the court finds there is probable cause for belief that an individual is committing, has committed, or is about to commit a felony offense involving dealing in controlled substances, as defined in Code section 124.101.