H. B. No. 34 As Introduced

Representatives Setzer, Flowers, Kearns, Allen, Webster, DeGeeter, Carano, Taylor

A BILL

To amend section 2933.24 of the Revised Code to 1
expand the time in which a search warrant must be 2
returned in the investigation of an offense of 3
importuning by means of a telecommunications 4
device. 5

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

       Section 1. That section 2933.24 of the Revised Code be 6
amended to read as follows: 7

       Sec. 2933.24. (A) A search warrant shall be directed to the 8
proper law enforcement officer or other authorized individual and, 9
by a copy of the affidavit inserted in it or annexed and referred 10
to in it, shall show or recite all the material facts alleged in 11
the affidavit, and particularly name or describe the property to 12
be searched for and seized, the place to be searched, and the 13
person to be searched. If a waiver of the statutory precondition 14
for nonconsensual entry, as defined in division (A) of section 15
2933.231 of the Revised Code, has been granted pursuant to that 16
section, the warrant also shall contain a provision as described 17
in division (C) of that section. 18

       The warrant shall command the officer or individual to search 19
the place or person named or described for the property, and to 20
bring them, together with the person, before the judge or 21
magistrate. The command of the warrant shall be that the search be 22
made in the daytime, unless there is urgent necessity for a search 23
in the night, in which case a search in the night may be ordered. 24

       The warrant shall be returned by the officer or individual 25
holding it not later than three days after its issuance, or, if 26
the warrant is in connection with a violation of division (D) or 27
(E) of section 2907.07 of the Revised Code, the warrant shall be 28
returned by the officer or individual holding it not later than 29
seven working days after its issuance. It shall designate the 30
judge or magistrate to whom it shall be returned, if such judge or 31
magistrate is available. 32

       (B) When a search warrant commands a proper law enforcement 33
officer or other authorized individual to inspect physical 34
conditions relating to public health, safety, or welfare, such 35
officer or individual, upon completion of the search, shall 36
complete a report of the conditions and file a copy of such report 37
with ~~his~~the officer's or individual's agency headquarters. 38

       Section 2. That existing section 2933.24 of the Revised Code 39
is hereby repealed. 40

Section 1. That section 2933.24 of the Revised Code be	6
amended to read as follows:	7

Sec. 2933.24. (A) A search warrant shall be directed to the	8
proper law enforcement officer or other authorized individual and,	9
by a copy of the affidavit inserted in it or annexed and referred	10
to in it, shall show or recite all the material facts alleged in	11
the affidavit, and particularly name or describe the property to	12
be searched for and seized, the place to be searched, and the	13
person to be searched. If a waiver of the statutory precondition	14
for nonconsensual entry, as defined in division (A) of section	15
2933.231 of the Revised Code, has been granted pursuant to that	16
section, the warrant also shall contain a provision as described	17
in division (C) of that section.	18

The warrant shall command the officer or individual to search	19
the place or person named or described for the property, and to	20
bring them, together with the person, before the judge or	21
magistrate. The command of the warrant shall be that the search be	22
made in the daytime, unless there is urgent necessity for a search	23
in the night, in which case a search in the night may be ordered.	24

The warrant shall be returned by the officer or individual	25
holding it not later than three days after its issuance, or, if	26
the warrant is in connection with a violation of division (D) or	27
(E) of section 2907.07 of the Revised Code, the warrant shall be	28
returned by the officer or individual holding it not later than	29
seven working days after its issuance. It shall designate the	30
judge or magistrate to whom it shall be returned, if such judge or	31
magistrate is available.	32

(B) When a search warrant commands a proper law enforcement	33
officer or other authorized individual to inspect physical	34
conditions relating to public health, safety, or welfare, such	35
officer or individual, upon completion of the search, shall	36
complete a report of the conditions and file a copy of such report	37
with ~~his~~the officer's or individual's agency headquarters.	38

Section 2. That existing section 2933.24 of the Revised Code	39
is hereby repealed.	40