07 LC 29
2577
House
Bill 355
By:
Representatives Lunsford of the
110th,
Rice of the
51st,
Lewis of the
15th,
Knox of the
24th,
Channell of the
116th,
and others
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Article 2 Chapter 5 of Title 17 of the Official Code of Georgia Annotated,
relating to searches with warrants, so as to change provisions relating to
issuance of search warrants by video conference; to provide for issuance of
search warrants by facsimile or other electronic means; to provide for a
definition; to provide for related matters; to repeal conflicting laws; and for
other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Article
2 Chapter 5 of Title 17 of the Official Code of Georgia Annotated, relating to
searches with warrants, is amended by revising Code Section 17-5-21.1, relating
to issuance of search warrants by video conference, as follows:
"17-5-21.1.
(a)
A judge of any court in this state authorized to issue search warrants pursuant
to Code Section 17-5-21 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
or by any
device that electronically transmits a facsimile or image of the written search
warrant affidavit, including, but not limited to, e-mail, e-mail attachments, or
other electronic means.
(b)
Search warrant applications heard by video conference
or other
electronic means shall
identify the
person testifying and 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.
Search warrant
applications that are transmitted electronically shall contain the
affiant´s signature via facsimile or the affiant´s electronic
signature. The judge conducting the hearing shall confirm with the affiant the
receipt of the search warrant application and any supporting documents and shall
verify that the affiant´s signature is genuine.
(c)
The affiant participating in a search warrant application by video conference
or other
electronic means 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,
signature
affixed by facsimile, electronic
signature, 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
or other
electronic means 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,
signature
affixed by facsimile, electronic
signature, 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 Code Section 17-5-21. Such authorization shall be deemed to comply
with the issuance requirements provided for in Code Section
17-5-22.
(d)
A judge hearing
oral testimony
in matters pursuant to this Code section
shall administer an
oral
oath to
any
the
person testifying
by means of
a video conference.
If testimonial
materials are transmitted electronically, a judge may administer an oral oath
prior to transmission, or the person testifying may transmit the oath
electronically in an affidavit containing the affiant´s signature via
facsimile or electronic signature.
(e)
A copy of any
document transmitted electronically pursuant to this Code section shall be
maintained as part of the record. A video
recording of the application hearing and any documents submitted in conjunction
with
the
a video
conference application shall be maintained
as part of the record.
(f)
As used in this Code section, the term 'electronic signature' shall have the
same meaning as set forth in Code Section
10-12-3."
SECTION
2.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.