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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 ENROLLED
SENATE BILL NO. 61
BY SENATOR AMEDEE
AN ACT1
To amend and reenact Code of Criminal Procedure Articles 162, 202(A)(introductory2
paragraph) and (1), and 731(B) and to enact R.S. 9:2603.1(F), relative to the issuance3
of warrants and subpoenas; to provide for certain requirements relative to electronic4
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
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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 Subsection D of this Section. If the requirements of Subsection15
D of this Section are met, it shall not be necessary for the oath to be made orally16
for the affidavit to have legal effect.17
Section 2. Code of Criminal Procedure Articles 162, 202(A)(introductory paragraph)18
and (1), and 731(B) are hereby amended and reenacted to read as follows:19
Art. 162. Issuance of warrant; affidavit; description20
A. A search warrant may issue only upon probable cause established to the21
ACT No. 58 SB NO. 61 ENROLLED
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words in boldface type and underscored are additions.
satisfaction of the judge, by the affidavit of a credible person, reciting facts1
establishing the cause for issuance of the warrant.2
A search warrant shall particularly describe the person or place to be3
searched, the persons or things to be seized, and the lawful purpose or reason for the4
search or seizure.5
B. In any application for warrant, an affidavit containing the electronic6
signature of the applicant shall satisfy the constitutional requirement that the7
testimony of the applicant be made under oath, provided that such signature is8
made under penalty of perjury and in compliance with R.S. 9:2603.1(D).9
C. A search warrant shall particularly describe the person or place to10
be searched, the persons or things to be seized, and the lawful purpose or reason11
for the search or seizure.12
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Art. 202. Warrant of arrest; issuance14
A. A warrant of arrest may be issued by any magistrate pursuant to this15
Paragraph or as provided in Paragraph D of this Article and, except where a16
summons is issued under Article 209, shall be issued when all of the following17
occur:18
(1) The person making the complaint executes an affidavit specifying, to his19
best knowledge and belief, the nature, date, and place of the offense, and the name20
and surname of the offender if known, and of the person injured if there be any; and.21
An affidavit containing the electronic signature of the applicant shall satisfy the22
constitutional requirement that the testimony of the applicant be made under23
oath, provided that such signature is made under penalty of perjury and in24
compliance with R.S. 9:2603.1(D).25
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Art. 731. Issuance of subpoenas 27
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B. The clerk of court for the Criminal District Court for the Parish of Orleans29
and the Twenty-Fourth Judicial District Court The court and the clerks of court are30 SB NO. 61 ENROLLED
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words in boldface type and underscored are additions.
authorized to place their signatures by electronic means on all subpoenas issued1
pursuant to this Article Chapter.2
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: