As Introduced

130th General Assembly Regular Session 2013-2014

H. B. No. 543

Representative Barborak 

Cosponsors: Representatives Fedor, Rogers, Ramos 

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A BILL

To amend section 2933.24 of the Revised Code to

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specify that a search warrant must be executed

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within 10 days.

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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 becommand that the	20
search be made in the daytime, unless there is urgent necessity	21
for a search in the night, in which case a search in the night may	22
be ordered. The warrant also shall command the officer or	23
individual to conduct the search, nothwithstanding Criminal Rule	24
41(C)(2), within ten days. The right to conduct the search within	25
ten days is a substantive legal right, but the manners of	26
executing and returning the warrant and related papers are	27
procedural matters governed by Criminal Rule 41.	28

The warrant shall be returned promptly by the officer or	29
individual holding it. It shall designate the judge or magistrate	30
to whom it shall be returned, if such judge or magistrate is	31
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 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 3.  The General Assembly hereby respectfully requests	41
the Supreme Court to amend Criminal Rule 41 to be consistent with	42
the amendment to section 2933.24 of the Revised Code that is made	43
by this act and that provides a ten-day period for conducting a	44
search under a search warrant.	45

Section 4.  The amendments to section 2933.24 of the Revised	46
Code made by Sections 1 and 2 of this act take effect on July 1,	47
2015.	48