SB179

SECTION 1. Chapter 803, Hawaii Revised Statutes, is amended by adding a new section to part III to be appropriately designated and to read as follows:

"§803- Warrants issued on oral statements or electronic communications. Notwithstanding any other law to the contrary, in lieu of a written warrant or affidavit required under this part, the judge or magistrate may grant the issuance of a search warrant based upon a sworn oral statement communicated in person or by telephone, or based upon a sworn statement communicated electronically; provided that:

(1) If the application for a warrant is based upon a sworn oral statement that is communicated in person or by telephone:

(A) The applicant shall make a recording of all communications between the applicant and the judge or magistrate, or between any witness and the judge or magistrate;

(B) The judge or magistrate shall place the applicant under oath;

(C) The applicant's sworn oral statement shall be made under penalty of perjury and the applicant's sworn oral statement shall be deemed the affidavit;

(D) The judge or magistrate may examine, under oath, the applicant and any other person who provides information that is relied upon to support the application for a warrant;

(E) The judge or magistrate may examine any exhibits that are relied upon to support the application for a warrant;

(F) An application for a warrant based upon a sworn oral statement shall not be granted unless the judge or magistrate finds that there is probable cause for the issuance of the warrant;

(G) If the judge or magistrate is satisfied that there is probable cause for the issuance of a warrant, the judge or magistrate shall identify the person, place, or thing to be searched and the items to be seized;

(H) The recording of communications between the applicant and the judge or magistrate, or between any witness and the judge or magistrate, shall be transcribed, a copy of the transcript shall be filed with the clerk of the court, and the recording shall be deemed the warrant; and

(I) The applicant shall provide a copy of the recording to the person from whom, or from whose premises, property was seized; provided that the judge or magistrate may issue a protective order that limits disclosure, which shall be subject to further order of the court;

(2) If an application for a warrant is based upon a sworn statement communicated electronically:

(A) The application shall consist of an affidavit and a search warrant, and may be supported by exhibits;

(B) The affiant shall electronically sign the affidavit under penalty of perjury, using the following format, "/s/ John Doe", and an affidavit that is signed in accordance with this subparagraph shall be deemed a sworn affidavit;

(C) The judge or magistrate may examine, under oath, the applicant and any other person who provides information that is relied upon to support the application for a warrant, and the judge's or magistrate's examination of the applicant, or any other witness, shall be recorded and transcribed, and a copy of the transcript shall be filed with the clerk of the court;

(D) The judge or magistrate may examine any exhibits that are relied upon to support the application for a warrant;

(E) An application based upon a sworn statement communicated electronically shall not be granted unless the judge or magistrate is satisfied that there is probable cause for the issuance of the warrant;

(F) If the judge or magistrate is satisfied that there is probable cause for the issuance of a warrant, the judge or magistrate shall electronically sign and date the warrant and affidavit;

(G) The judge or magistrate shall provide a copy of the electronically signed warrant and affidavit to the applicant;

(H) The judge or magistrate shall file the warrant, affidavit, and any exhibits with the clerk of the court; and

(I) The applicant shall provide a copy of the warrant to the person from whom, or from whose premises, property was seized; provided that the judge or magistrate may issue a protective order that limits disclosure, which shall be subject to further order of the court; and

(3) A search warrant based upon a sworn oral statement or a sworn statement communicated electronically shall not be executed between 10:00 p.m. and 6:00 a.m., unless the judge or magistrate permits execution during those hours."

SECTION 2. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 3. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________
	By Request

THE SENATE	S.B. NO.	179
THIRTIETH LEGISLATURE, 2019
STATE OF HAWAII