HLS 12RS-537 ORIGINAL
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2012
HOUSE BILL NO. 90
BY REPRESENTATIVE MACK
CRIMINAL/PROCEDURE: Authorizes the issuance of search warrants upon electronic
testimony
AN ACT1
To enact Code of Criminal Procedure Article 162.2, relative to search warrants; to provide2
for the issuance of search warrants upon electronic testimony; to provide procedures3
for the issuance of warrants upon electronic testimony; to provide for definitions;4
and to provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. Code of Criminal Procedure Article 162.2 is hereby enacted to read as7
follows: 8
Art. 162.2. Warrant issued upon electronic testimony9
A. In addition to the provisions of Articles 162 and 162.1, a search warrant10
may issue upon probable cause established to the satisfaction of the judge by the11
electronic testimony of a credible person reciting facts establishing the cause for12
issuance of the warrant.13
B. For purposes of this Section, the following words shall have the following14
meanings:15
(1) "Electronic signature" shall include any electronic means indicating that16
the person originating an electronic document adopts the contents of the document,17
and that the person who claims to have written the electronic document is in fact the18
person who wrote it.19 HLS 12RS-537 ORIGINAL
HB NO. 90
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
(2) "Electronic testimony" shall mean any method of communication,1
whether wired or wireless or any combination thereof, in which text or images may2
be transferred electronically from one person to another and includes but shall not3
be limited to text messages and electronic mail.4
C. The submission of electronic testimony to a judge pursuant to the5
provisions of this Article shall contain the electronic signature of the applicant, the6
applicant's full name and occupation, and a telephone number and electronic address7
which may be used by the judge to contact the applicant.8
D. Any electronic testimony presented to a judge shall serve as the9
equivalent of the applicant having been administered an oath or affirmation,10
swearing that the facts contained in the electronic testimony are true and correct to11
the best of his knowledge, subject to the penalties for perjury or false swearing.12
E. Accompanying the electronic testimony shall be an electronic facsimile13
of the search warrant. If the judge finds probable cause and approves the issuance14
of the warrant, he shall affix his electronic signature to the warrant and return it15
immediately to the applicant.16
F. It shall be the responsibility of the applicant to create a written17
reproduction of his electronic testimony, including its electronic signature, and a18
written reproduction of the warrant, including the judge's electronic signature, and19
preserve the written reproductions in the same manner as an original warrant signed20
by both the applicant and the judge within forty-eight hours from the time the21
warrant was issued.22
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Mack HB No. 90
Abstract: Provides for the issuance of search warrants based upon electronic testimony.
Present law provides for the issuance of search warrants based upon oral or written
testimony. HLS 12RS-537 ORIGINAL
HB NO. 90
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Proposed law provides that a search warrant may issue upon probable cause established to
the satisfaction of the judge by the electronic testimony of a credible person reciting facts
establishing the cause for issuance of the warrant.
Proposed law provides for the contents of the application for the warrant and provides
procedures for the issuance of warrants based upon electronic testimony. Requires the
applicant to reduce the request to writing and include a written reproduction in the file within
48 hours of the issuance of the warrant.
Proposed law provides that the electronic testimony shall serve as the equivalent of the
applicant having been administered an oath or affirmation, swearing that the facts contained
in the electronic testimony are true and correct to the best of his knowledge, subject to the
penalties for perjury or false swearing.
Proposed law provides that if the judge finds probable cause and approves the issuance of
the warrant, he shall affix his electronic signature to the warrant and return it immediately
to the applicant.
(Adds C.Cr.P. Art. 162.2)