House
Joint
Resolution
1
-
Introduced
HOUSE
JOINT
RESOLUTION
1
BY
RIZER
HOUSE
JOINT
RESOLUTION
A
Joint
Resolution
proposing
an
amendment
to
the
Constitution
1
of
the
State
of
Iowa
relating
to
searches
and
seizures
of
2
electronic
communications
and
data.
3
BE
IT
RESOLVED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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1
Section
1.
The
following
amendment
to
the
Constitution
of
1
the
State
of
Iowa
is
proposed:
2
Section
8
of
Article
I
of
the
Constitution
of
the
State
of
3
Iowa
is
amended
beginning
July
1,
2021,
to
read
as
follows:
4
Personal
security
——
searches
and
seizures.
SEC.
8.
The
5
right
of
the
people
to
be
secure
in
their
persons,
houses,
6
papers
,
and
effects,
and
electronic
communications
and
data,
7
against
unreasonable
seizures
and
searches
shall
not
be
8
violated;
and
no
warrant
shall
issue
but
on
probable
cause,
9
supported
by
oath
or
affirmation,
particularly
describing
the
10
place
to
be
searched,
and
the
persons
and
things
to
be
seized
,
11
and
the
electronic
communications
and
data
to
be
accessed
.
12
Sec.
2.
REFERRAL
AND
PUBLICATION.
The
foregoing
proposed
13
amendment
to
the
Constitution
of
the
State
of
Iowa
is
referred
14
to
the
general
assembly
to
be
chosen
at
the
next
general
15
election
for
members
of
the
general
assembly,
and
the
secretary
16
of
state
is
directed
to
cause
the
proposed
amendment
to
be
17
published
for
three
consecutive
months
previous
to
the
date
of
18
that
election
as
provided
by
law.
19
EXPLANATION
20
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
21
the
explanation’s
substance
by
the
members
of
the
general
assembly.
22
This
joint
resolution
proposes
an
amendment
to
the
23
Constitution
of
the
State
of
Iowa
relating
to
searches
and
24
seizures
of
electronic
communications
and
data.
25
The
amendment
to
the
Constitution
provides
that
a
person’s
26
electronic
communications
and
data
shall
be
secure
against
27
unreasonable
searches
and
seizures
and
that
such
communications
28
and
data
shall
only
be
subject
to
search
and
seizure
if
a
29
warrant
under
oath
based
upon
probable
cause
has
first
been
30
issued.
31
The
resolution,
if
adopted,
would
be
published
and
then
32
referred
to
the
next
general
assembly
(Eighty-eighth)
for
33
adoption,
before
being
submitted
to
the
electorate
for
34
ratification.
35
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H.J.R.
1
The
resolution,
if
adopted
and
ratified
by
the
electorate,
1
would
take
effect
July
1,
2021.
2
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