SEARCH WARRANTS: ELEC. TRANSMISSION - H.B. 4715: FLOOR ANALYSIS
sans-serif">House Bill 4715 (as reported without amendment)
Sponsor: Representative Mike Nofs
House Committee: Criminal Justice
CONTENT
The bill would amend Public Act 189 of 1966, which regulates the issuance of search warrants, to do all of the following:
-- Authorize a district court magistrate to issue a written search warrant by any electronic or electromagnetic means of communication (as a judge presently may do).
-- Include communication by facsimile (fax) or over a computer network, in the electronic or electromagnetic means of communication by which a search warrant affidavit or search warrant may be issued.
-- Delete a provision that allows a judge or a district court magistrate to issue a court order for a blood test in a drunk driving case that is issued as a search warrant, in person or by any electronic or electromagnetic means of communication.
-- Provide that proof of an affiant’s, judge’s, or magistrate’s signature could consist of an electronic signature transmitted over a computer network.
The Act allows a judge to issue a written search warrant in person or by any electronic or electromagnetic means of communication. The bill would include a district court magistrate in that provision, and specifies that the electronic or electromagnetic means of communication would include transmission by fax or over a computer network.
Under the Act, a search warrant affidavit may be made by any electronic or electromagnetic means of communication if the issuing judge or magistrate orally administers an oath or affirmation to an applicant for a search warrant and the affiant signs the affidavit. Under the bill, the electronic or electromagnetic means of communication would include communication by fax or over a computer network. In addition, proof of the affiant’s signature presently may consist of an electronically or electromagnetically transmitted fax of the signed affidavit. Under the bill, proof also could consist of an electronic signature on an affidavit transmitted over a computer network.
Under the Act, the peace officer or department receiving an electronically or electromagnetically issued search warrant must receive proof that the issuing judge or magistrate has signed the warrant before it is executed. Proof that the judge or magistrate signed the warrant may consist of an electronically or electromagnetically transmitted fax of the signed warrant. The bill also would allow proof by an electronic signature on a warrant transmitted over a computer network.
MCL 780.651 - Legislative Analyst: Patrick Affholter
FISCAL IMPACT
The bill would have no fiscal impact on State or local government.
Date Completed: 9-24-03 - Fiscal Analyst: Bethany WicksallFloor\hb4715 - Bill Analysis @ www.senate.michigan.gov/sfa
This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent.