Summary of the Introduced Bill

HB 730 -- Criminal Procedure

Co-Sponsors:  Goodman, Mayer, Lipke (157), Moore, Stevenson

This bill creates the crime of intercepting a cellular or radio
message, a class A misdemeanor.  A person commits the crime by
intercepting information that was not intended for that person
and conveying that information to anyone other than the original
intended recipient.

The bill also allows law enforcement officials to obtain a search
warrant via telephone, radio, or other electronically
communicated means.  The bill provides standardized forms for the
application and affidavit for a telephonic search warrant and the
duplicate original search warrant issued by the judge.  The bill
allows a prosecutor to orally authorize a law enforcement
official to sign the prosecutor's name to an application for a
search warrant and allows a judge to orally authorize the law
enforcement official to sign the judge's name on the search
warrant.  Alternatively, the warrant and the judge's signature
authorizing the warrant may be transmitted by facsimile machine.
In all cases where the law enforcement official is not in the
actual physical presence of the judge, the law enforcement
official must provide to the judge a transcription of the
recorded application, affidavit, and duplicate original search
warrant within 48 hours, along with the original recordings.

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Last Updated July 25, 2003 at 10:12 am