SB2246_H_Amend

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 who are less than eighteen (18) years old 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. (1) In any municipality in which Highway 6 and Highway 7 intersect and in which a university is located, an application for a warrant or signature utilized by the judicial branch of state government for a violation of the Implied Consent Law shall not be denied legal effect or enforceability solely because it is in electronic form. Any such application, signature or record in electronic form shall have the full effect of law.

(2) If a provision of law for a violation of the Implied Consent Law requires the application for any warrant to be in writing, an electronic record shall satisfy such provision of law.

(3) If a provision of law for a violation of the Implied Consent Law requires a signature, an electronic signature satisfies such provision of law.

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

(5) Unless otherwise agreed to by a sender of a warrant application and the judge, 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) It 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 shall satisfy the constitutional requirement that the testimony of the affiant be made under oath, provided that such signature is made under penalty of perjury and in compliance with subsection (4) of this section. If the requirements of subsection (4) of this section are met, it shall not be necessary for the oath to be made orally for the affidavit to have legal effect.

(7) This section shall stand repealed from and after July 1, 2024.

SECTION 3. The clerk of the court with jurisdiction of any cause of action must issue a subpoena, signed but otherwise in blank, to a party who requests it. That party must complete it before service. An attorney also may issue and sign a subpoena if the attorney is authorized to practice law in the issuing court; and if the attorney has entered an appearance in the cause of action before issuing the subpoena.

SECTION 4. This act shall take effect and be in force from and after July 1, 2022, and shall stand repealed on June 30, 2022.