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Sub. H. B. No. 34 As Reported by the House Criminal Justice CommitteeAs Reported by the House Criminal Justice Committee
|126th General Assembly|
Representatives Setzer, Flowers, Kearns, Allen, Webster, DeGeeter, Carano, Taylor, Latta, D. Evans, Gilb, Hughes, Seitz, Willamowski, Perry
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
The warrant shall be returned promptly by the officer or individual
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
Section 2. That existing section 2933.24 of the Revised Code is hereby repealed.