08 AM
25 1106
NOT
GERMANE
Senator Fort of the 39th offered the following amendment:
Senator Fort of the 39th offered the following amendment:
Amend
HB 333 by revising lines 1 through 3 of page 1 to read as
follows:
To amend Chapter 5 of Title 17 of the Official Code of Georgia Annotated, relating to searches and seizures, so as to change provisions relating to issuance of search warrants by judicial officers; to provide that no-knock warrants shall not be issued in this state except under limited circumstances; to change certain provisions relating to sale or destruction of weapons used in the commission of a crime or delinquent act involving possession; to provide that weapons used in the commission of a crime or a delinquent
To amend Chapter 5 of Title 17 of the Official Code of Georgia Annotated, relating to searches and seizures, so as to change provisions relating to issuance of search warrants by judicial officers; to provide that no-knock warrants shall not be issued in this state except under limited circumstances; to change certain provisions relating to sale or destruction of weapons used in the commission of a crime or delinquent act involving possession; to provide that weapons used in the commission of a crime or a delinquent
By
redesignating Section 1 as Section 1A and inserting between the enacting clause
and Section 1A the following:
SECTION
1.
Chapter
5 of Title 17 of the Official Code of Georgia Annotated, relating to searches
and seizures, is amended by revising Code Section 17-5-22, relating to issuance
of search warrants by judicial officers generally and maintenance of docket
record of warrants issued, as follows:
"17-5-22.
(a)
As used in this Code section, the term 'no-knock' means a provision in a warrant
that authorizes an officer executing a warrant to enter without giving audible
notice of the officer´s presence, authority, and purpose.
(b)
All warrants shall state the time and date of issuance and are the warrants of
the judicial officer issuing the same and not the warrants of the court in which
he
the judicial
officer is then sitting. Such warrants
need not bear the seal of the court or clerk thereof.
No search
warrant shall be issued which contains a no-knock provision unless the affidavit
or testimony supporting the warrant establishes by probable cause that if an
officer were to knock and announce identity and purpose before entry, such act
of knocking and announcing would likely pose a significant and imminent danger
to human life or imminent danger of evidence being
destroyed. The warrant, the complaint on
which the warrant is issued, the affidavit or affidavits supporting the warrant,
and the returns shall be filed with the clerk of the court of the judicial
officer issuing the same, or with the court if there is no clerk, at the time
the warrant has been executed or has been returned 'not executed'; provided,
however,
that
the judicial officer shall keep a docket record of all warrants issued by
him
the judicial
officer and upon issuing any warrant
he
the judicial
officer shall immediately record the same,
within a reasonable time, on the docket."
By
revising lines 10 through 12 of page 1 as
follows:
Said chapter is further amended by revising Code Section 17-5-52 of the Official Code of Georgia Annotated, relating to sale or destruction of weapons used in the commission of a crime or delinquent act involving possession, as follows:
Said chapter is further amended by revising Code Section 17-5-52 of the Official Code of Georgia Annotated, relating to sale or destruction of weapons used in the commission of a crime or delinquent act involving possession, as follows: