ENROLLED
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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
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
(2) "Electronic testimony" shall mean any method of communication,20
whether wired or wireless or any combination thereof, in which text or images may21
be transferred electronically from one person to another and includes but shall not22
be limited to text messages and electronic mail.23 ENROLLEDHB NO. 90
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
C. The submission of electronic testimony to a judge pursuant to the1
provisions of this Article shall contain the electronic signature of the applicant, the2
applicant's full name and occupation, and a telephone number and electronic address3
which may be used by the judge to contact the applicant.4
D. Any electronic testimony presented to a judge shall serve as the5
equivalent of the applicant having been administered an oath or affirmation,6
swearing that the facts contained in the electronic testimony are true and correct to7
the best of his knowledge, subject to the penalties for perjury or false swearing.8
E. Accompanying the electronic testimony shall be an electronic facsimile9
of the search warrant. If the judge finds probable cause and approves the issuance10
of the warrant, he shall affix his electronic signature to the warrant and return it11
immediately to the applicant.12
F. It shall be the responsibility of the applicant to create a written13
reproduction of his electronic testimony, including its electronic signature, and a14
written reproduction of the warrant, including the judge's electronic signature, and15
preserve the written reproductions in the same manner as an original warrant signed16
by both the applicant and the judge within forty-eight hours from the time the17
warrant was issued.18
G. Telephonic communication between the judge and the affiant relatively19
contemporaneously with the application for the warrant shall satisfy the requirements20
of R.S. 9:2603.1(D).21
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: