Complete Bill History



House File 475       



                                    HOUSE FILE       
                                    BY  COMMITTEE ON PUBLIC
                                        SAFETY

                                    (SUCCESSOR TO HSB 91)

                                         A BILL FOR

     1 An Act relating to the issuance of a search warrant to
     2    authorize the placement, tracking, monitoring, and removal
     3    of a global positioning device.
     4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
       TLSB 1944HV (1) 85
       jm/rj

PAG LIN



  1  1    Section 1.  Section 808.1, subsection 1, Code 2013, is
  1  2 amended to read as follows:
  1  3    1.  "Search warrant" means an order in writing pursuant
  1  4 to the requirements of section 808.3, in the name of the
  1  5 state, signed by a magistrate, and directed to a peace officer
  1  6 commanding the officer to search a person, premises, or thing,
  1  7 issued pursuant to the requirements of section 808.3, or to
  1  8 place, track, monitor, or remove a global positioning device,
  1  9 issued pursuant to the requirements of section 808.3A.
  1 10    Sec. 2.  NEW SECTION.  808.3A  Application for search warrant
  1 11  ==== global positioning device.
  1 12    A peace officer may make application to a judicial
  1 13 officer for the issuance of a search warrant to authorize
  1 14 the placement, tracking, monitoring, or removal of a global
  1 15 positioning device, supported by a peace officer's oath
  1 16 or affirmation, which includes facts, information, and
  1 17 circumstances tending to establish sufficient grounds for
  1 18 granting the peace officer's application, and probable cause
  1 19 for believing the grounds exist.  Upon a finding of probable
  1 20 cause to issue such a warrant, the judicial officer shall issue
  1 21 a warrant, signed by the judicial officer with the judicial
  1 22 officer's name of office, directed to any peace officer,
  1 23 commanding that the peace officer place, track, monitor, or
  1 24 remove the global positioning device.
  1 25                           EXPLANATION
  1 26    This bill relates to the issuance of a search warrant
  1 27 regarding the use of a global positioning device.
  1 28    The bill authorizes a peace officer to make an application
  1 29 to a judicial officer for the issuance of a search warrant to
  1 30 authorize the placement, tracking, monitoring, or removal of
  1 31 a global positioning device, if the application is supported
  1 32 by the peace officer's oath and affirmation, including other
  1 33 facts and circumstances that establish sufficient grounds for
  1 34 granting the peace officer's application, and probable cause
  1 35 for believing the grounds exist.  Upon a finding of probable
  2  1 cause to issue a search warrant, the judicial officer shall
  2  2 issue the search warrant, commanding that the peace officer
  2  3 place, track, monitor, or remove the global positioning device.
  2  4    Current law only allows a special state agent, defined in
  2  5 Code section 808B.1 as a peace officer of the department of
  2  6 public safety, to make an application to a judicial officer for
  2  7 the issuance of a search warrant for the placement, tracking,
  2  8 or monitoring of a global positioning device in Code section
  2  9 808B.5(12).
       LSB 1944HV (1) 85
       jm/rj