House Bill 911

AN ACT TO AUTHORIZE THE ELECTRONIC ISSUANCE OF A SEARCH WARRANT; TO AUTHORIZE THE RECEIPT OF ELECTRONIC TESTIMONY IN SUPPORT OF AN APPLICATION FOR A SEARCH WARRANT; TO AUTHORIZE A JUDGE TO ISSUE A SEARCH WARRANT BY AFFIXING AN ELECTRONIC SIGNATURE TO THE WARRANT; TO REQUIRE AN APPLICANT FOR AN ELECTRONIC SEARCH WARRANT TO CREATE A WRITTEN REPRODUCTION OF THE APPLICATION AND WARRANT WHICH MUST BE SUBMITTED TO THE JUDGE WITHIN 48 HOURS OF THE ISSUANCE OF THE WARRANT; TO PROVIDE THAT A LAW OR COURT RULE THAT REQUIRES A SEARCH WARRANT APPLICATION, AFFIDAVIT OR SIGNATURE TO BE IN WRITING IS SATISFIED BY A PROPERLY ISSUED ELECTRONIC SEARCH WARRANT; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. (1) A search warrant may be issued upon probable cause established to the satisfaction of the judge by the electronic testimony of a credible person reciting facts establishing the cause for issuance of the warrant.

(2) For purposes of this section, the phrase "electronic signature" includes any electronic means indicating that the person originating an electronic document adopts the contents of the document and that the person who claims to have written the electronic document is in fact the person who wrote it.

"Electronic testimony" means any method of communication, whether wired or wireless or any combination thereof, in which text or images may be transferred electronically from one (1) person to another and includes, but is not limited to, text messages and electronic mail.

(3) The submission of electronic testimony to a judge must contain the electronic signature of the applicant, the applicant's full name and occupation, and a telephone number and electronic address that may be used by the judge to contact the applicant.

(4) Electronic testimony presented to a judge is the equivalent of an applicant having been administered an oath or affirmation, swearing that the facts contained in the electronic testimony are true and correct to the best of the applicant's knowledge, subject to the penalties for perjury or false swearing.

(5) An electronic facsimile of the search warrant must accompany the electronic testimony. If the judge finds probable cause and approves the issuance of the warrant, the judge shall affix his or her electronic signature to the warrant and return it immediately to the applicant.

(6) The applicant shall create a written reproduction of the applicant's electronic testimony, including its electronic signature, and a written reproduction of the warrant, including the judge's electronic signature. The applicant shall preserve the written reproductions in the same manner as an original warrant signed by both the applicant and the judge no later than forty-eight (48) hours after the warrant was issued.

SECTION 2. (1) An application for a search warrant or signature on the application may not be denied legal effect or enforceability solely because it is in electronic form. Any such application, signature or record in electronic form has the full effect of law.

(2) If a law or rule of court requires an affidavit or the application for a warrant to be in writing, an electronic record satisfies the law or rule.

(3) If a law or rule of court requires a signature on an affidavit, application or warrant, an electronic signature satisfies the law or rule.

(4) An application used to attach a digital signature to an affidavit or warrant must have security procedures in place which ensure the authenticity of the digital signature. The application also must be able to keep an electronic record of the affidavit or warrant, including the time and date of when the signature was attached. The application must include encryption measures to ensure secure access of the application.

(5) Unless otherwise agreed to by a sender of a warrant application and the judiciary, an electronic record is received when:

(a) The record enters an information-processing system that the local court rules have designated and approved for the purpose of receiving electronic applications for warrants and from which the recipient is able to retrieve the electronic record; and

(b) The record is in a form capable of being processed by the system.

(6) In any instance where an affidavit is submitted to a judge electronically, the electronic signature of the affiant satisfies the requirement that the testimony of the affiant be made under oath if the signature is made under penalty of perjury and in compliance with subsection (4) of this section. If the requirements of subsection (4) are met, it is not necessary for the oath to be made orally for the affidavit to have legal effect.

SECTION 3. This act shall take effect and be in force from and after July 1, 2023.