S.B. 30 Enrolled

AMENDMENTS TO SEARCH WARRANTS
2005 GENERAL SESSION
STATE OF UTAH
Sponsor: David L. Thomas

LONG TITLE
General Description:
This bill repeals and reenacts the Code of Criminal Procedure provision regarding the
evidence and procedures involved in a magistrate's issuance of a search warrant. The
reenacted section refers to the procedures in Rule 40 of the Rules of Criminal
Procedure. This bill also amends the Code of Criminal Procedure regarding the
management of the records and information a magistrate relies upon in issuing a search
warrant to reflect use of remotely communicated search warrants.
Highlighted Provisions:
This bill:
. repeals current criminal procedure provisions regarding the grounds for and the
process for issuing a search warrant;
. refers to the recently enacted Rule 40 of the Rules of Criminal Procedure regarding
evidence and procedures for issuing search warrants;
. clarifies that a remotely communicated search warrant shall be served as a written
document; and
. includes reference to the management of recorded testimony that is used as the basis
for the issuance of a warrant.
Monies Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:

77-23-209, as renumbered and amended by Chapter 142, Laws of Utah 1994
REPEALS AND REENACTS:
77-23-204, as last amended by Chapter 282, Laws of Utah 1998

Be it enacted by the Legislature of the state of Utah:
Section 1. Section 77-23-204 is repealed and reenacted to read:
77-23-204. Remotely communicated search warrants served in written form.
A remotely communicated search warrant issued under Rule 40 of the Rules of Criminal
Procedure shall be served in a written form upon the person or place to be served.
Section 2. Section 77-23-209 is amended to read:
77-23-209. Return of recorded testimony and warrant to district court.
(1) The magistrate shall annex [to the depositions and, affidavits upon which the search
warrant is based,] the search warrant, the return, and the inventory to the depositions, affidavits,
or recorded testimony upon which the search warrant is based.
(2) If [he is without] the magistrate does not have authority to proceed further with
respect to the offense [under] regarding which the warrant was issued, [he] the magistrate shall
[return them] forward the warrant and the depositions, affidavits, or recorded testimony to the
appropriate court of the county having jurisdiction over the offense within 15 days after the
return.