CRIM PRO-ORAL SEARCH WARRANTS
Summary
Amends the Code of Criminal Procedure of 1963. Provides that before issuing a search warrant, the judge may examine on oath the person or persons seeking the warrant, and any witnesses produced, and must take his or her affidavit, or their affidavits, in writing and cause the affidavit to be subscribed by the party or parties making the affidavit. Provides that before issuing the warrant, the judge may also examine any other sworn affidavit submitted to him or her which sets forth facts tending to establish probable cause for the issuance of the warrant. Provides that the affidavit or affidavits must set forth the facts tending to establish the grounds of the application, or probable cause for believing the grounds exist. Provides that in lieu of, or in addition to, a written affidavit, or affidavits, the judge may take an oral statement under oath which shall be recorded on tape or other comparable method. Provides that the statement may be given in person to the judge or by telephone, radio, or other means of electronic communication. Provides that the statement is deemed to be an affidavit for the purposes of issuance of a search warrant. Provides that if a recording of the sworn statement is made, the statement shall be transcribed at the request of the judge or either party and certified by the judge and filed with the court. Effective immediately.
Bill status
failed
3 of 5 stages cleared
Introduction
Apr 2009
Committee Review
May 2009
Senate Passage
Apr 2009
House Passage
Governor
Introduced Apr 2, 2009
Last action Jan 12, 2011
Floor votes · Senate Apr 2, 2009
How they voted
51–3
Passed · 4 other
Total votes 58
Apr 2, 2009
D
Democratic36
94% Yea
R
Republican22
77% Yea
Vote distribution
All Yea
All Nay
Mixed
No data
Full legislative history
Actions timeline
Total actions
22
Key actions
3
Committee
7
May 8, 2009
Committee
Rule 19(a) / Re-referred to Rules Committee
lower
Apr 22, 2009
Committee
Assigned to Executive Committee
lower
Apr 21, 2009
Committee
Referred to Rules Committee
lower
Apr 2, 2009
Introduced
Arrived in House
lower
Apr 2, 2009
Senate · Passed
Senate Vote: pass (51-3-4)
senate
Mar 12, 2009
Upper · Passed
Do Pass Criminal Law; 007-000-000
upper
Mar 5, 2009
Upper · Passed
To Criminal Law Subcommittee on Constitutional Review
upper
Feb 4, 2009
Committee
Assigned to Criminal Law
upper
Jan 30, 2009
Committee
Referred to Assignments
upper
0 primary · 1 co-sponsor
Sponsors
No sponsor information available.
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