Sub. H. B. No. 34 As Reported by the Senate Judiciary--Criminal Justice Committee

Representatives Setzer, Flowers, Kearns, Allen, Webster, DeGeeter, Carano, Taylor, Latta, D. Evans, Gilb, Hughes, Seitz, Willamowski, Perry, Barrett, Boccieri, Brown, Buehrer, Calvert, Cassell, Collier, Daniels, DeBose, Distel, Domenick, C. Evans, Gibbs, Harwood, Martin, McGregor, T. Patton, Raga, Reidelbach, Schaffer, Seaver, G. Smith, Uecker, Williams

A BILL

To amend section 2933.24 of the Revised Code to 1
specify that a search warrant must be returned 2
promptly. 3

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

       Section 1. That section 2933.24 of the Revised Code be 4
amended to read as follows: 5

       Sec. 2933.24. (A) A search warrant shall be directed to the 6
proper law enforcement officer or other authorized individual and, 7
by a copy of the affidavit inserted in it or annexed and referred 8
to in it, shall show or recite all the material facts alleged in 9
the affidavit, and particularly name or describe the property to 10
be searched for and seized, the place to be searched, and the 11
person to be searched. If a waiver of the statutory precondition 12
for nonconsensual entry, as defined in division (A) of section 13
2933.231 of the Revised Code, has been granted pursuant to that 14
section, the warrant also shall contain a provision as described 15
in division (C) of that section. 16

       The warrant shall command the officer or individual to search 17
the place or person named or described for the property, and to 18
bring them, together with the person, before the judge or 19
magistrate. The command of the warrant shall be that the search be 20
made in the daytime, unless there is urgent necessity for a search 21
in the night, in which case a search in the night may be ordered. 22

       The warrant shall be returned promptly by the officer or 23
individual holding it ~~not later than three days after its~~ 24
~~issuance~~. It shall designate the judge or magistrate to whom it 25
shall be returned, if such judge or magistrate is available. 26

       (B) When a search warrant commands a proper law enforcement 27
officer or other authorized individual to inspect physical 28
conditions relating to public health, safety, or welfare, such 29
officer or individual, upon completion of the search, shall 30
complete a report of the conditions and file a copy of such report 31
with ~~his~~the officer's or individual's agency headquarters. 32

       Section 2. That existing section 2933.24 of the Revised Code 33
is hereby repealed. 34

Section 1. That section 2933.24 of the Revised Code be	4
amended to read as follows:	5

Sec. 2933.24. (A) A search warrant shall be directed to the	6
proper law enforcement officer or other authorized individual and,	7
by a copy of the affidavit inserted in it or annexed and referred	8
to in it, shall show or recite all the material facts alleged in	9
the affidavit, and particularly name or describe the property to	10
be searched for and seized, the place to be searched, and the	11
person to be searched. If a waiver of the statutory precondition	12
for nonconsensual entry, as defined in division (A) of section	13
2933.231 of the Revised Code, has been granted pursuant to that	14
section, the warrant also shall contain a provision as described	15
in division (C) of that section.	16

The warrant shall command the officer or individual to search	17
the place or person named or described for the property, and to	18
bring them, together with the person, before the judge or	19
magistrate. The command of the warrant shall be that the search be	20
made in the daytime, unless there is urgent necessity for a search	21
in the night, in which case a search in the night may be ordered.	22

The warrant shall be returned promptly by the officer or	23
individual holding it ~~not later than three days after its~~	24
~~issuance~~. It shall designate the judge or magistrate to whom it	25
shall be returned, if such judge or magistrate is available.	26

(B) When a search warrant commands a proper law enforcement	27
officer or other authorized individual to inspect physical	28
conditions relating to public health, safety, or welfare, such	29
officer or individual, upon completion of the search, shall	30
complete a report of the conditions and file a copy of such report	31
with ~~his~~the officer's or individual's agency headquarters.	32

Section 2. That existing section 2933.24 of the Revised Code	33
is hereby repealed.	34