Revision: Jan. 21, 2010, midnight
CHAPTER 76
SB 182-FN – FINAL VERSION
2005 SESSION
10/04
SENATE BILL 182-FN
AN ACT relative to electronic issuance of warrants.
SPONSORS: Sen. Clegg, Dist 14; Sen. D’Allesandro, Dist 20; Sen. Flanders, Dist 7; Rep. Bicknell, Rock 1
This bill allows search warrants and arrest warrants to be issued by electronic communication, and allows the issuing judge or magistrate to use an electronic signature.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
05-0908
10/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Five
AN ACT relative to electronic issuance of warrants.
Be it Enacted by the Senate and House of Representatives in General Court convened:
76:1 Subdivision Heading. Amend the subdivision heading preceding RSA 490:27-a to read as follows:
Faxed or Electronic Warrants and Orders
76:2 Warrants and Orders; Electronic Issuance. Amend RSA 490:27-a to read as follows:
490:27-a Validity of Faxed or Electronic Warrants and Orders. Search warrants, arrest warrants, detention orders pursuant to RSA 169-B, placement orders pursuant to RSA 169-C or RSA 169-D, or domestic violence temporary and final orders may be applied for and issued by facsimile or electronic transmission. The original documents, including the warrant application, the warrant, and the supporting affidavit must be received by the court having jurisdiction over the matter within 5 calendar days. The requesting agency shall forward a copy of the application, warrant, supporting affidavit and any other documents to the issuing judge or magistrate by the next business day. For purposes of this section, any oath required in the issuance of said warrants or orders may be taken by the judge or magistrate telephonically or by other means of telecommunication or electronic communication, and may include the use of an electronic signature. The issuing judge or magistrate shall be responsible for memorializing the substance of any oral statements under oath supplementing the affidavit, as provided in RSA 595-A:4.
76:3 New Section; Search Warrants; Electronic Communication and Signature. Amend RSA 595-A by inserting after section 4 the following new section:
595-A:4-a Electronic Communication and Signature. The personal appearance and authorization for a search warrant under RSA 595-A:4 may be by means of telecommunication or electronic communication, and electronic signature pursuant to RSA 294-E.
76:4 Effective Date. This act shall take effect January 1, 2006.
(Approved: May 31, 2005)
(Effective Date: January 1, 2006)