Search Warrants: Application by Video Conference

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This Act enables judges to conduct applications for the issuance of search warrants by video conference and to sign the warrants electronically.

Submitted as: Georgia HB 292 Status: enacted into law in 2001

Suggested Legislation

(Title, enacting clause, etc.)

Section 1. [Short Title.] This Act may be cited as “An Act Concerning Issuing Search Warrants by Video Conference.”

Section 2. [Authorization to Issue Search Warrants by Video Conference.] (a) A judge of any court in this state authorized to issue search warrants pursuant to [insert citation] may, as an alternative to other laws relating to the issuance of search warrants, conduct such applications for the issuance of search warrants by video conference. (b) Search warrant applications heard by video conference shall be conducted in a manner to ensure that the judge conducting the hearing has visual and audible contact with all affiants and witnesses giving testimony. (c) The affiant participating in a search warrant application by video conference shall sign the affidavit for a search warrant and any related documents by any reasonable means which identifies the affiant, including, but not limited to, his or her typewritten name, signature affixed by electronic stylus, or any other reasonable means which identifies the person signing the affidavit and any related documents. The judge participating in a search warrant application by video conference shall sign the affidavit for a search warrant, the search warrant, and any related documents by any reasonable means which identifies the judge, including, but not limited to, his or her typewritten name, signature affixed by electronic stylus, or any other reasonable means which identifies the judicial officer signing the affidavit and warrant and any related documents. Such applications shall be deemed to be written within the meaning of [insert citation]. Such authorization shall be deemed to comply with the issuance requirements provided for in [insert citation]. (d) A judge hearing matters pursuant to this section shall administer an oath to any person testifying by means of a video conference. (e) A video recording of the application hearing and any documents submitted in conjunction with the application shall be maintained as part of the record.

Section 3. [Severability.] [Insert severability clause.]

Section 4. [Repealer.] [Insert repealer clause.]

Section 5. [Effective Date.] [Insert effective date.]