HB 4594

Abstract

Amends the Code of Criminal Procedure of 1963. In provision on obtaining a search warrant by oral testimony, deletes use of telephone, fax, or other appropriate means to communicate sworn testimony supporting a search warrant request on a terrorism or terrorism-related offense to a judge when the circumstances make it reasonable to dispense with a sworn affidavit. Replaces the deleted provision with a general provision applicable to any offense allowing a search warrant request to be made by electronic means that has a simultaneous video and audio transmission between the requestor and a judge. The judge may issue a search warrant based upon sworn testimony communicated in the transmission. Deletes provision that made search warrant upon oral testimony subsection inoperative on January 1, 2005 and the savings clause for admissibility of evidence obtained by a search warrant issued under the subsection prior to it becoming inoperative. Adds provision requiring the Chief Judge of the circuit court or presiding judge issuing a search warrant to create a standard practice for the filing or other retention of documents or recordings produced under the search warrant.