Senate File 2167 - Introduced SENATE FILE 2167 BY COMMITTEE ON JUDICIARY (SUCCESSOR TO SSB 3032) A BILL FOR An Act relating to an ex parte court order authorizing the 1 interception of wire, oral, or electronic communications by 2 special state agents. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5211SV (1) 87 jm/rh
S.F. 2167 Section 1. Section 808B.5, subsection 3, paragraph a, Code 1 2018, is amended to read as follows: 2 a. (1) There is probable cause for belief that an 3 individual is committing, has committed, or is about to commit 4 a felony offense involving dealing in controlled substances, as 5 defined in section 124.101, subsection 5 described in section 6 808B.3, subsection 1, 2, 3, 4, or 6 . 7 (2) There is probable cause for belief that the evidence 8 is related to a circumstance described in section 808B.3, 9 subsection 5. 10 EXPLANATION 11 The inclusion of this explanation does not constitute agreement with 12 the explanation’s substance by the members of the general assembly. 13 This bill relates to an ex parte court order authorizing 14 the interception of wire, oral, or electronic communications 15 by special state agents. 16 The bill specifies that upon application, the court may 17 enter an ex parte order, authorizing the interception of wire, 18 oral, or electronic communications if the court finds there is 19 probable cause for belief that an individual is committing, has 20 committed, or is about to commit a felony offense involving 21 any of the following: a forcible felony, a felony offense 22 involving ongoing criminal conduct in violation of Code 23 chapter 706A, a felony offense involving money laundering in 24 violation of Code chapter 706B, or a felony offense involving 25 human trafficking in violation of Code chapter 710A. The bill 26 also authorizes, upon application, the interception of wire, 27 oral, or electronic communications if the court finds there 28 is probable cause for belief that the evidence is related to 29 a felony fugitive warrant issued in the state or involves an 30 individual who is reasonably believed to be located within the 31 state. 32 Currently, the court may, upon application, enter an order 33 authorizing the interception of wire, oral, or electronic 34 communications if the court finds there is probable cause 35 -1- LSB 5211SV (1) 87 jm/rh 1/ 2
S.F. 2167 for belief that an individual is committing, has committed, 1 or is about to commit a felony offense involving dealing in 2 controlled substances, as defined in Code section 124.101. 3 -2- LSB 5211SV (1) 87 jm/rh 2/ 2