Legislature(2003 - 2004)
03/19/2003 01:04 PM House JUD
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
HB 114 - ISSUANCE OF SEARCH WARRANTS Number 0037 CHAIR McGUIRE announced that the first order of business would be HOUSE BILL NO. 114, "An Act relating to the issuance of a search warrant." She indicated that the subcommittee assigned to work on HB 114 has returned with a proposed committee substitute (CS). Number 0079 REPRESENTATIVE HOLM moved to adopt the proposed committee substitute (CS) for HB 114, Version 23-LS0564\H, Luckhaupt, 3/19/03, as the work draft. There being no objection, Version H was before the committee. Number 0121 DOUG WOOLIVER, Administrative Attorney, Administrative Staff, Office of the Administrative Director, Alaska Court System (ACS), said that Version H addresses concerns raised by the committee and the Public Defender Agency (PDA) at the bill's last hearing. Version H now requires that in order for a police officer to fax in an application for a search warrant, it would be subject to the same criteria as telephonic testimony in support of a search warrant. This criteria has been expanded to include anytime there is a delay that would otherwise ensue in the issuance of the search warrant, and that delay would interfere with an ongoing investigation. He remarked that members of the subcommittee and representatives from the Department of Public Safety (DPS), PDA, and the ACS worked together to develop Version H, and that all parties are satisfied with the result. Number 0192 REPRESENTATIVE SAMUELS moved to report [the proposed (CS) for HB 114, Version 23-LS0564\H, Luckhaupt, 3/19/03] out of committee with individual recommendations [and the accompanying zero fiscal notes]. Number 0203 REPRESENTATIVE GRUENBERG objected for the purpose of discussion. REPRESENTATIVE GARA asked Mr. Wooliver to explain in detail the differences between Version H and the original bill. MR. WOOLIVER responded: The initial bill as introduced would have allowed faxed applications in support of search warrants, unconditionally. This bill [Version H] restricts faxed application in support of search warrants to those circumstances where not being allowed to fax would result in a delay in the issuance of the search warrant and that delay would either result in the loss or destruction of evidence, which was the original standard, or - the new language - would interfere with an ongoing investigation. REPRESENTATIVE GARA asked whether, from a law enforcement perspective, Version H satisfies the problem experienced by out- of-town law enforcement officials in obtaining search warrants under existing law. MR. WOOLIVER said it does. REPRESENTATIVE GRUENBERG asked whether the ACS's fiscal note remains the same. MR. WOOLIVER said it does. REPRESENTATIVE GRUENBERG removed his objection. REPRESENTATIVE SAMUELS again moved to report the proposed (CS) for HB 114, Version 23-LS0564\H, Luckhaupt, 3/19/03, out of committee with individual recommendations and the accompanying zero fiscal notes. There being no objection, CSHB 114(JUD) was reported from the House Judiciary Standing Committee.
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