Adopted

COMMITTEE AMENDMENT NO 1 PROPOSED TO

House Bill No.  799

BY: Committee

     Amend by striking all after the enacting clause and inserting in lieu thereof the following:

SECTION 1.  (1)  The provisions of this section shall only apply to search warrants issued in relation to computer crime investigations for sex offenses against children involving a computer defined in Section 7-5-59(1)(a).

     (2)  If circumstances make it reasonable to dispense, in whole or in part, with a written affidavit, a judge who is authorized to issue search warrants may issue a warrant based upon sworn testimony communicated by telephone or other appropriate means, including facsimile transmission.

     (3)  The person who is requesting the warrant shall prepare a document to be known as a "duplicate original warrant" and shall read such duplicate original warrant verbatim to the issuing judge.  The judge shall enter what is so read on a document to be known as the "original warrant."  The issuing judge may direct that the warrant be modified.

     (4)  If the judge is satisfied that the circumstances are such as to make it reasonable to dispense with a written affidavit and the grounds for the application exist or that there is probable cause to believe that they exist, the judge shall order the issuance of a warrant by directing the person requesting the warrant to sign the judge's name on the duplicate original warrant.  The judge shall immediately sign the original warrant and enter on the face of the original warrant the exact time the warrant was ordered to be issued.  The finding of probable cause for a warrant upon oral testimony may be based on the same kind of evidence as is sufficient for a warrant upon affidavit.

     (5)  When a telephone caller informs the judge that the purpose of the telephone call is to request a warrant, the judge shall immediately place under oath each person whose testimony forms a basis of the application and each person applying for the warrant.  If a voice recording device is available, the judge shall record by means of such device all of the call after the caller informs the judge that the purpose of the call is to request a warrant.  Otherwise, a stenographic or longhand verbatim record shall be made.  If a voice recording device is used or a stenographic record made, the judge shall have the record transcribed, shall certify the accuracy of the transcription, and shall file a copy of the original record and the transcription with the court.  If a longhand verbatim record is made, the judge shall file a signed copy with the court.

     (6)  The contents of a warrant upon oral testimony shall be the same as the contents of a warrant upon affidavit.

     (7)  The person who executes the warrant shall enter the exact time of execution on the face of the duplicate original warrant.

     SECTION 2.  This act shall take effect and be in force from and after its passage.

     Further, amend by striking the title in its entirety and inserting in lieu thereof the following:

     AN ACT TO AUTHORIZE THE ISSUANCE OF SEARCH WARRANTS UPON ORAL TESTIMONY FOR INVESTIGATION OF SEX OFFENSES AGAINST CHILDREN INVOLVING A COMPUTER; TO PRESCRIBE A PROCEDURE FOR THE ISSUANCE OF THE WARRANTS; AND FOR RELATED PURPOSES.