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CS/HB 359 — Search Warrants
by Judiciary Committee and Reps. Anderson, Gottlieb, and others (CS/SB 442 by Rules Committee and Senator Yarborough)
This summary is provided for information only and does not represent the opinion of any Senator, Senate Officer, or Senate Office.
Prepared by: Criminal Justice Committee (CJ)
The bill amends multiple sections of law relating to obtaining search warrants. Specifically, the bill:
- Provides that a judge may authorize a law enforcement officer to appear remotely using audio-video communication technology when seeking a search warrant from the judge.
- Specifies that law enforcement may obtain a search warrant to search an area or areas, using a drone, where evidence that a crime was committed might reasonably be found.
- Expands the circumstances in which a judge may issue a search warrant to authorize this issuance of a warrant to recover a dead body.
Generally, a law enforcement agency must return a search warrant to the issuing court within 10 days, not including the date of issuance. The bill increases the number of days certain search warrants must be returned by to within:
- 20 days if a search warrant issued to an out-of-state provider for electronic communications data.
- 30 days if a search warrant is issued to search for and seize specimens from a specific person for DNA analysis and comparison, including blood and saliva samples, or to seize specimens for entry into the DNA database.
- 365 days if a search warrant is issued for a computer, a computer system, or an electronic device, and any data or information contained in such computer, computer system, or electronic device.
The bill specifies a search warrant issued to search for and seize data or information contained in a computer, computer system, or electronic device, the warrant is considered timely executed if the computer, computer system, or electronic device is seized by a law enforcement agency within 10 days of the issuance of the search warrant, not including the date of issuance. A law enforcement agency is not required to complete the analysis or review of data or information contained in a computer, computer system, or electronic device within any specific time if such computer, computer system, or electronic device was timely seized by a law enforcement agency.
If approved by the Governor, or allowed to become law without the Governor's signature, these provisions take effect on July 1, 2026.
Vote: Senate 37-0; House 115-0