Bill 1034

                    Current Status

Introducing Body:               Senate
Bill Number:                    1034
Primary Sponsor:                Bryan
Type of Legislation:            GB
Subject:                        Search warrants
Residing Body:                  House
Computer Document Number:       1034
Introduced Date:                19940113
Last History Body:              House
Last History Date:              19940601
Last History Type:              Debate adjourned until
                                Monday, June 6, 1994
Scope of Legislation:           Statewide
All Sponsors:                   Bryan
Type of Legislation:            General Bill

Bill  Body    Date          Action Description              CMN  Leg Involved
____  ______  ____________  ______________________________  ___  ____________

1034  House   19940601      Debate adjourned until
                            Monday, June 6, 1994
1034  House   19940526      Debate adjourned until
                            Tuesday, May 31, 1994
1034  House   19940518      Committee Report: Favorable     25
1034  House   19940309      Introduced, read first time,    25
                            referred to Committee
1034  Senate  19940308      Read third time, sent to House
1034  Senate  19940303      Read second time
1034  Senate  19940302      Committee Report: Favorable     11
1034  Senate  19940113      Introduced, read first time,    11
                            referred to Committee

Indicates Matter Stricken
Indicates New Matter

COMMITTEE REPORT

May 18, 1994

S. 1034

S. Printed 5/18/94--H.

Read the first time March 9, 1994.

To whom was referred a Bill (S. 1034), to amend Section 17-13-140, relating to the issuance, execution, and return of search warrants, etc., respectfully

That they have duly and carefully considered the same, and recommend that the same do pass:

JAMES H. HODGES, for Committee.

A BILL

TO AMEND SECTION 17-13-140, RELATING TO THE ISSUANCE, EXECUTION, AND RETURN OF SEARCH WARRANTS, SO AS TO PROVIDE THAT IF A WARRANT IS ISSUED UPON AN AFFIDAVIT WHICH IS SUPPLEMENTED BY SWORN ORAL TESTIMONY, THE ISSUING JUDGE MUST MAKE CONTEMPORANEOUS WRITTEN NOTES OF THAT SWORN ORAL TESTIMONY AND THOSE NOTES MUST BE MADE PART OF THE RECORD; AND TO AMEND SECTION 17-13-141, RELATING TO RECORDS TO BE KEPT BY JUDICIARY OFFICERS AUTHORIZED TO ISSUE SEARCH WARRANTS, SO AS TO REQUIRE THAT THE CONTEMPORANEOUS WRITTEN NOTES OF ANY SWORN ORAL TESTIMONY WHICH SUPPLEMENTS AN AFFIDAVIT BE KEPT AS PART OF THE RECORD.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1. Section 17-13-140 of the 1976 Code is amended to read:

"Section 17-13-140. Any magistrate or recorder or city judge having the powers of magistrates, or any judge of any court of record of the State having jurisdiction over the area where the property sought is located, may issue a search warrant to search for and seize:

(1) stolen or embezzled property;

(2) property, the possession of which is unlawful;

(3) property which is being used or has been used in the commission of a criminal offense or is possessed with the intent to be used as the means for committing a criminal offense or is concealed to prevent a criminal offense from being discovered;

(4) property constituting evidence of crime or tending to show that a particular person committed a criminal offense;

(5) any narcotic drugs, barbiturates, amphetamines, or other drugs restricted to sale, possession, or use on prescription only, which are manufactured, possessed, controlled, sold, prescribed, administered, dispensed, or compounded in violation of any of the laws of this State or of the United States. Narcotics, barbiturates, or other drugs seized hereunder shall be disposed of as provided by Section 44-53-520.

The property described in this section, or any part thereof, may be seized from any place where such property may be located, or from the person, possession or control of any person who shall be found to have such property in his possession or under his control.

A warrant issued hereunder shall be issued only upon affidavit sworn to before the magistrate, municipal judicial officer, or judge of a court of record establishing the grounds for the warrant. The affidavit may be supplemented by sworn oral testimony; however, a judge who issues a warrant based upon an affidavit supplemented by sworn oral testimony must make contemporaneous written notes of the supplemental oral testimony and keep those notes as part of the record. If the magistrate, municipal judge, or other judicial officer abovementioned is satisfied that the grounds for the application exist or that there is probable cause to believe that they exist, he shall issue a warrant identifying the property and naming or describing the person or place to be searched. In the case of a warrant issued by a magistrate or a judge of a court of record, it shall be directed to any peace officer having jurisdiction in the county where issued, including members of the South Carolina Law Enforcement Division, and shall be returnable to the issuing magistrate. In case of a warrant issued by a judge of a court of record, it shall be returnable to a magistrate having jurisdiction of the area where the property is located or the person to be searched is found. If any warrant is issued by any municipal judicial officer to municipal police officers, the return shall be made to the issuing municipal judicial officer. Any warrant issued shall command the officer to whom it is directed to forthwith search the person or place named for the property specified.

Any warrant issued hereunder shall be executed and return made only within ten days after it is dated. The officer executing the warrant shall make and deliver a signed inventory of any articles seized by virtue of the warrant, which shall be delivered to the judicial officer to whom the return is to be made, and if a copy of the inventory is demanded by the person from whose person or premises the property is taken, a copy of the inventory shall be delivered to him.

This section is not intended to and does not either modify or limit any statute or other law regulating search, seizure, and the issuance and execution of search warrants in circumstances for which special provision is made."

SECTION 2. Section 17-13-141 of the 1976 Code is amended to read:

"Section 17-13-141. (a) Every judiciary official authorized to issue search warrants in this State shall keep a record along with a copy of the returned search warrant, and supporting affidavit, contemporaneous written notes of any sworn oral testimony which supplements the supporting affidavit, and documents for a period of three years from the date of issuance of each warrant. The records shall be on a form prescribed by the Attorney General and reflect as to each warrant:

(1) Date date and exact time of issuance.;

(2) Name name of person to whom warrant issued.;

(3) Name name of person whose property is to be searched or, if unknown, description of person and address of property to be searched.;

(4) Reason reason for issuing warrant.;

(5) Description description of article sought in the search.;

(6) Date date and time of return.

(b) Any person who alters or fails to keep for the prescribed period of time the records, warrants, and documents as provided for in subsection (a) shall be deemed is guilty of a misdemeanor and, upon conviction, shall be punished by a fine not to exceed one hundred dollars or by imprisonment not to exceed thirty days."

SECTION 3. This act takes effect upon approval by the Governor.