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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 731(B) and to enact2
Code of Criminal Procedure Article 202 (D)(5) and R.S. 9:2603.1 (F), relative to the3
issuance of warrants and subpoenas; to provide for certain requirements relative to4
electronic signatures; and 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
* * *10
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
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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 and 731(B) are hereby amended and1
reenacted 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
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Art. 202. Warrant of arrest; issuance15
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D. A warrant of arrest may be issued when the person making the complaint17
executes an oath specifying, to his best knowledge and belief, the nature, date, and18
place of the offense, and the name and surname of the offender if known, and of the19
person injured if there be any, using telephone and facsimile transmission equipment20
under all of the following conditions:21
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(5) In any application for warrant, an affidavit containing the electronic23
signature of the applicant shall satisfy the constitutional requirement that the24
testimony of the applicant be made under oath, provided that such signature is25
made under penalty of perjury and in compliance with R.S. 9:2603.1(D).26
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Art. 731. Issuance of subpoenas 28
* * *29 SB NO. 61
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
B. The clerk of court for the Criminal District Court for the Parish of Orleans1
and the Twenty-Fourth Judicial District Court The court and the clerks of court are2
authorized to place their signatures by electronic means on all subpoenas issued3
pursuant to this Article Chapter.4
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Michael Bell.
DIGEST
Amedee (SB 61)
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.
Present law provides that the clerk of court for the Criminal District Court for the Parish of
Orleans and the 24
th
Judicial District Court are authorized to place their signatures by
electronic means on all issued subpoenas.
Proposed law authorizes that all courts and clerks of court are allowed to place their
signatures by electronic means on all issued subpoenas.
Effective August 15, 2010.
(Amends C.Cr.P. 162 and 731(B); adds C.Cr.P. 202(D)(5) and R.S. 9:2603.1(F))
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Judiciary C to the
original bill.
1. Authorizes that all courts and clerks of court are allowed to place their
signatures by electronic means on all issued subpoenas.