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HI HB1773

Bill

Status

Engrossed

2/20/2018

Primary Sponsor

Scott Saiki

Click for details

Origin

House of Representatives

2018 Regular Session

AI Summary

  • Authorizes judges or magistrates to issue search warrants based on sworn oral statements (in person or by telephone) or sworn statements communicated electronically, in addition to traditional written warrants.

  • Requires oral statement applications to demonstrate that delay in obtaining a written warrant may result in destruction or disappearance of evidence, and mandates recording and transcription of all communications between applicant and judge/magistrate.

  • For electronic applications, allows applicants to submit affidavits with electronic signatures in "/s/ (title) (full name), date" format and permits prosecutors to review applications before the judge/magistrate decides.

  • Prohibits execution of warrants issued via oral statements or electronic communications between 10:00 p.m. and 6:00 a.m., unless the judge or magistrate expressly permits otherwise.

  • Effective date of July 1, 2035.

Legislative Description

Relating To Search Warrants.

Honolulu Prosecuting Attorney Package

Last Action

Received notice of Senate conferees (Sen. Com. No. 827).

4/23/2018

Committee Referrals

Judiciary2/21/2018
Judiciary1/22/2018

Full Bill Text

No bill text available