SLS 10RS-212 ORIGINAL
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2010
SENATE BILL NO. 61
BY SENATOR AMEDEE
CRIMINAL PROCEDURE. Provide relative to digital affidavits/warrants. (8/15/10)
AN ACT1
To amend and reenact Code of Criminal Procedure Article 162 and to enact Code of2
Criminal Procedure Article 202 (D)(5) and R.S. 9:2603.1 (F), relative to the issuance3
of warrants; to provide for certain requirements relative to electronic signatures; and4
to provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 9:2603.1 (F) is hereby enacted to read as follows: 7
ยง2603.1. Electronic applications for all warrants; signatures; electronic judicial8
records9
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F. In any instance where an affidavit is submitted to a judge or11
magistrate electronically, the electronic signature of the affiant shall satisfy the12
constitutional requirement that the testimony of the affiant be made under oath,13
provided that such signature is made under penalty of perjury and in14
compliance with Paragraph D of this Subsection. If the requirements of15
Paragraph D of this Subsection are met, it shall not be necessary for the oath to16
be made orally for the affidavit to have legal effect.17 SB NO. 61
SLS 10RS-212 ORIGINAL
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Section 2. Code of Criminal Procedure Art. 162 is hereby amended and reenacted1
and Code of Criminal Procedure Art. 202 (D)(5) is enacted to read as follows:2
Art. 162. Issuance of warrant; affidavit; description3
A search warrant may issue only upon probable cause established to the4
satisfaction of the judge, by the affidavit of a credible person, reciting facts5
establishing the cause for issuance of the warrant.6
A search warrant shall particularly describe the person or place to be7
searched, the persons or things to be seized, and the lawful purpose or reason for the8
search or seizure.9
In any application for warrant, an affidavit containing the electronic10
signature of the applicant shall satisfy the constitutional requirement that the11
testimony of the applicant be made under oath, provided that such signature is12
made under penalty of perjury and in compliance with R.S. 9:2603.1(D).13
Art. 202. Warrant of arrest; issuance14
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D. A warrant of arrest may be issued when the person making the complaint16
executes an oath specifying, to his best knowledge and belief, the nature, date, and17
place of the offense, and the name and surname of the offender if known, and of the18
person injured if there be any, using telephone and facsimile transmission equipment19
under all of the following conditions:20
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(5) In any application for warrant, an affidavit containing the electronic22
signature of the applicant shall satisfy the constitutional requirement that the23
testimony of the applicant be made under oath, provided that such signature is24
made under penalty of perjury and in compliance with R.S. 9:2603.1(D).25
* * *26 SB NO. 61
SLS 10RS-212 ORIGINAL
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Michael Bell.
DIGEST
Present law provides that a warrant of arrest may be issued when the person making the
complaint executes an oath specifying, to his best knowledge and belief, the nature, date, and
place of the offense, and the name and surname of the offender if known, and of the person
injured if there be any, using telephone and facsimile transmission equipment.
Proposed law maintains present law and provides that an affidavit containing the electronic
signature of the applicant shall satisfy the constitutional requirement in any application for
a warrant.
Effective August 15, 2010.
(Amends C.Cr.P. 162; adds C.Cr.P. 202(D)(5) and R.S. 9:2603.1(F))