First Regular Session of the 124th General Assembly (2025)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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between statutes enacted by the 2024 Regular Session of the General Assembly.
SENATE ENROLLED ACT No. 159
AN ACT to amend the Indiana Code concerning criminal law and
procedure.
Be it enacted by the General Assembly of the State of Indiana:
SECTION 1. IC 35-33-5-8, AS AMENDED BY P.L.170-2014,
SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 8. (a) A judge may issue a search or arrest warrant
without the affidavit required under section 2 of this chapter, if the
judge receives testimony subject to the penalties for perjury of the same
facts required for an affidavit:
(1) in a nonadversarial, recorded hearing before the judge;
(2) orally by telephone, or radio, or similar electronic means;
(3) in writing by facsimile transmission (FAX); or
(4) in writing by electronic mail or other electronic transmission.
(b) If a warrant is issued under subsection (a)(1), the judge shall
order the court reporter to type or transcribe the testimony from the
hearing for entry in the record. The judge shall then certify the
transcript.
(c) After reciting the facts required for an affidavit and verifying the
facts recited under penalty of perjury, an applicant for a warrant under
subsection (a)(2) shall read to the judge from a warrant form on which
the applicant enters the information read by the applicant to the judge.
The judge may direct the applicant to modify the warrant. If the judge
agrees to issue the warrant, the judge shall direct the applicant to sign
the judge's name to the warrant, adding the time of the issuance of the
SEA 159 — Concur 2
warrant.
(d) After transmitting an affidavit, an applicant for a warrant under
subsection (a)(3) or (a)(4) shall transmit to the judge a copy of a
warrant form completed by the applicant. The judge may modify the
transmitted warrant. If the judge agrees to issue the warrant, the judge
shall sign, affix the date and time, and transmit to the applicant a
duplicate of the warrant.
(e) If a warrant is issued under subsection (a)(2), the judge shall
record the conversation shall be recorded on audio tape or
electronically. and order the court reporter to type or transcribe The
recording shall be typed or transcribed for entry in the record. The
judge shall certify the audio tape or electronic recording, the
transcription, and the warrant retained by the judge for entry in the
record. The prosecuting attorney and law enforcement agency shall
maintain, and provide to the defendant in discovery, all relevant
requests for warrants, including any relevant warrants that may
have been denied by the court, and any recordings of the
conversation that was transcribed.
(f) If a warrant is issued under subsection (a)(3), the facsimile copy
of the affidavit and warrant sent to the judge shall be retained as if they
were the originals. If a warrant is issued under subsection (a)(4), the
electronically transmitted copy of the affidavit and warrant sent to the
judge shall be printed and retained as if they were the originals.
(g) The court reporter shall notify the applicant who received a
warrant under subsection (a)(1) or (a)(2) when the transcription
required under this section is entered in the record. The applicant shall
sign the transcribed entry upon receiving notice from the court reporter.
(h) The affiant and the judge may use an electronic signature on the
affidavit and warrant. An electronic signature may be indicated by
"s/Affiant's Name" or "s/Judge's Name" or by any other electronic
means that identifies the affiant or judge and indicates that the affiant
or judge adopts the contents of the document to which the electronic
signature is affixed.
SEA 159 — Concur President of the Senate
President Pro Tempore
Speaker of the House of Representatives
Governor of the State of Indiana
Date: Time:
SEA 159 — Concur