Senate File 358 - Reprinted SENATE FILE 358 BY COMMITTEE ON JUDICIARY (SUCCESSOR TO SSB 1091) (As Amended and Passed by the Senate March 9, 2017 ) A BILL FOR An Act relating to search warrants, by allowing an application 1 for and the issuance of a search warrant by electronic 2 means, and allowing for the written inventory of any 3 property seized to be filed with the clerk of the district 4 court, and including effective date provisions. 5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 6 SF 358 (2) 87 jm/rh/rj/jh

S.F. 358 Section 1. Section 602.1614, subsection 3, Code 2017, is 1 amended by adding the following new paragraph: 2 NEW PARAGRAPH . 0m. Establishing processes and procedures 3 for an application and for the issuance of a search warrant 4 under chapter 808 by electronic means. 5 Sec. 2. Section 808.1, subsection 2, Code 2017, is amended 6 to read as follows: 7 2. “Affidavit” means a written declaration or statement 8 of fact made under oath, or legally sufficient affirmation, 9 submitted in person or by electronic submission before any 10 person authorized to administer oaths within or without the 11 state. 12 Sec. 3. Section 808.1, Code 2017, is amended by adding the 13 following new subsections: 14 NEW SUBSECTION . 3. “Electronic” or “electronically” means 15 relating to technology having electrical, digital, magnetic, 16 telephonic, wireless, optical, electromagnetic, or similar 17 capabilities. For governmental agencies, this may include 18 alternate software to exchange electronic records with the 19 court’s electronic document management system. 20 NEW SUBSECTION . 4. “Electronic submission” means the 21 process by which a person may electronically submit an 22 application for a search warrant and any supporting documents 23 to the court for review or other court action. 24 Sec. 4. Section 808.3, Code 2017, is amended to read as 25 follows: 26 808.3 Application for search warrant. 27 1. a. A person may make application for the issuance of 28 a search warrant by submitting before a magistrate a written 29 application, supported by the person’s oath or affirmation, 30 which includes facts, information, and circumstances tending 31 to establish sufficient grounds for granting the application, 32 and probable cause for believing that the grounds exist. The 33 application shall describe the person, place, or thing to 34 be searched and the property to be seized with sufficient 35 -1- SF 358 (2) 87 jm/rh/rj/jh 1/ 4

S.F. 358 specificity to enable an independent reasonable person with 1 reasonable effort to ascertain and identify the person, place, 2 or thing. 3 b. The search warrant application and any supporting 4 documents may be submitted to the magistrate in person or 5 by electronic submission. If a search warrant is submitted 6 by electronic submission, the magistrate may use electronic 7 means to contact the person submitting the application and 8 supporting documents to confirm the identity of the person, and 9 may administer the person’s oath or affirmation and accept the 10 person’s sworn testimony by electronic means, subject to the 11 processes and procedures established by the judicial branch. 12 2. If the magistrate issues the search warrant, the 13 magistrate shall endorse on the application the name and 14 address of all persons upon whose sworn testimony the 15 magistrate relied to issue the warrant together with the 16 abstract of each witness’ testimony, or the witness’ affidavit. 17 However, if the grounds for issuance are supplied by an 18 informant, the magistrate shall identify only the peace officer 19 to whom the information was given. The application or sworn 20 testimony supplied in support of the application must establish 21 the credibility of the informant or the credibility of the 22 information given by the informant. The magistrate may in 23 the magistrate’s discretion require that a witness upon whom 24 the applicant relies for information appear personally and be 25 examined concerning the information. 26 Sec. 5. Section 808.4, Code 2017, is amended to read as 27 follows: 28 808.4 Issuance. 29 Upon a finding of probable cause for grounds to issue a 30 search warrant, the magistrate shall issue a warrant, signed by 31 the magistrate with the magistrate’s name of office, directed 32 to any peace officer, commanding that peace officer forthwith 33 to search the named person, place, or thing within the state 34 for the property specified, and to bring any property seized 35 -2- SF 358 (2) 87 jm/rh/rj/jh 2/ 4

S.F. 358 before file with the magistrate or clerk of the district court, 1 a written inventory itemizing all seized property . The warrant 2 may be issued electronically, subject to the processes and 3 procedures established by the judicial branch, and if so, the 4 peace officer shall cause a printed copy of the warrant to be 5 made for service of process. 6 Sec. 6. Section 808.4A, subsection 2, Code 2017, is amended 7 to read as follows: 8 2. a. The application shall describe the person, place, 9 or thing to be tracked or monitored by a global positioning 10 device, or the removal of such a device from a person, place, 11 or thing with sufficient specificity to enable an independent 12 reasonable person with reasonable effort to ascertain and 13 identify the person, place, or thing. If the magistrate 14 issues the search warrant, the magistrate shall endorse on the 15 application the name and address of all persons upon whose 16 sworn testimony the magistrate relied to issue the warrant 17 together with the abstract of each witness’ testimony, or the 18 witness’ affidavit. However, if the grounds for issuance are 19 supplied by an informant, the magistrate shall identify only 20 the peace officer to whom the information was given. The 21 application or sworn testimony supplied in support of the 22 application must establish the credibility of the informant 23 or the credibility of the information given by the informant. 24 The magistrate may in the magistrate’s discretion require that 25 a witness upon whom the applicant relies for the information 26 appear personally and be examined concerning the information. 27 b. The search warrant application and any supporting 28 documents may be submitted to the magistrate in person or 29 by electronic submission. If a search warrant is submitted 30 by electronic submission, the magistrate may use electronic 31 means to contact the person submitting the application and 32 supporting documents to confirm the identity of the person, and 33 may administer the person’s oath or affirmation and accept the 34 person’s sworn testimony by electronic means, subject to the 35 -3- SF 358 (2) 87 jm/rh/rj/jh 3/ 4

S.F. 358 processes and procedures established by the judicial branch. 1 Sec. 7. Section 808.8, subsection 2, Code 2017, is amended 2 to read as follows: 3 2. The officer must file, with the officer’s return, a 4 complete inventory of the property taken with the magistrate 5 or clerk of the district court , and state under oath that 6 it is accurate to the best of the officer’s knowledge. The 7 magistrate or clerk of the district court must, if requested, 8 deliver a copy of the inventory of seized property to the 9 person from whose possession it was taken and to the applicant 10 for the warrant. 11 Sec. 8. Section 808.11, Code 2017, is amended to read as 12 follows: 13 808.11 Transmission of papers documents to district court 14 clerk. 15 The magistrate who has issued a search warrant shall 16 attach to the warrant a copy of the return, inventory , if the 17 inventory has not already been filed with the clerk of the 18 district court, and all other papers documents in connection 19 therewith and shall file them with the clerk of the district 20 court for the county in which the property was seized. 21 Sec. 9. CONTINGENT EFFECTIVE DATE. This Act takes effect 22 on the effective date of rules prescribed by the supreme court 23 and submitted to the legislative council pursuant to section 24 602.4202, that establish processes and procedures for the 25 application and issuance of a search warrant by electronic 26 means to implement this Act. 27 -4- SF 358 (2) 87 jm/rh/rj/jh 4/ 4