CS/HB 953 — Warrants
by Criminal Justice Subcommittee; Rep. Nunez; and others (CS/SB 962 by Judiciary Committee and Senator Gardiner)
This summary is provided for information only and does not represent the opinion of any Senator, Senate Officer, or Senate Office.
Prepared by: Judiciary Committee (JU)
This bill authorizes judges to electronically sign search and arrest warrants, including warrant applications that are electronically submitted. This bill clarifies that a judge must find probable cause prior to issuing the warrant.
Prior to signing, the court must find that a complaint for an arrest warrant or an application for a search warrant:
- Contains the affiant’s actual, or electronic signature;
- Is accompanied by an oath or affirmation by a judge or someone else who is authorized to administer oaths; and
- Is submitted by reliable means if submitted electronically.
Warrants are deemed to be issued at the time a judge affixes his or her actual or electronic signature to the warrant.
If approved by the Governor, these provisions take effect July 1, 2013.
Vote: Senate 37-0; House 115-0