07 LC 29
2728
Senate
Bill 259
By:
Senators Fort of the 39th and Mullis of the 53rd
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Article 2 of 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 judicial officers; to provide that
no-knock warrants shall not be issued in this state except under limited
circumstances; to provide for related matters; to provide for an effective date;
to repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Article
2 of Chapter 5 of Title 17 of the Official Code of Georgia Annotated, relating
to searches with warrants, is amended by revising Code Section 17-5-22, 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 clear and convincing evidence
that if an officer were to knock and announce identity and purpose before entry,
such act of knocking and announcing would pose a significant and imminent danger
to human life. 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."
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.