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1 Statement of Purpose. This repeal is based upon the Constitutional mandate that appears in Article 87, Part II. It is a matter of law that a statute cannot amend or increase or decrease constitutional mandates. Any amendment must be placed on a ballot for the people to address.
2 Electronic Warrants Prohibited. 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 maybe shall not 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.
3 Effective Date. This act shall take effect 60 days after its passage.
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1 Statement of Purpose. This repeal is based upon the Constitutional mandate that appears in Article 87, Part II. It is a matter of law that a statute cannot amend or increase or decrease constitutional mandates. Any amendment must be placed on a ballot for the people to address.
2 Electronic Warrants Prohibited. 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 shall not be applied for and issued by facsimile or electronic transmission.
3 Effective Date. This act shall take effect 60 days after its passage.