The House Courts and Criminal Code Committee heard SB 159 on procedures for obtaining a warrant sponsored by Rep. Bascom. Author Sen. Bohacek introduced the bill which specifies that a judge or, at the direction of the judge, a prosecuting attorney, shall record a request for a warrant made orally by telephone, radio, or similar electronic means. Under current law, the judge is required to record the request. The bill also permits certain warrant requests to be made electronically and recorded electronically (where current law only permits the use of audio tape). The bill requires the prosecuting attorney and a law enforcement agency to maintain all requests for warrants, and to provide them to a defendant in discovery.
The bill was amended by consent to remove provisions specifying who shall take certain actions relating to recording and transcribing warrants. The amendment also mandates that the prosecuting attorney and law enforcement agency shall maintain, and provide to the defendant in discovery, all relevant requests for warrants, including any relevant warrants that may have been denied by the court, and any recordings of the conversation that was transcribed.