130th Ohio General Assembly
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(126th General Assembly)
(Substitute House Bill Number 34)



AN ACT
To amend section 2933.24 of the Revised Code to specify that a search warrant must be returned promptly.

Be it enacted by the General Assembly of the State of Ohio:

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

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

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

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

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

SECTION 2. That existing section 2933.24 of the Revised Code is hereby repealed.

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