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H. B. No. 543 As IntroducedAs Introduced
130th General Assembly | Regular Session | 2013-2014 |
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Cosponsors:
Representatives Fedor, Rogers, Ramos
A BILL
To amend section 2933.24 of the Revised Code to
specify that a search warrant must be executed
within 10 days.
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 command 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 also shall command the officer or
individual to conduct the search, nothwithstanding Criminal Rule
41(C)(2), within ten days. The right to conduct the search within
ten days is a substantive legal right, but the manners of
executing and returning the warrant and related papers are
procedural matters governed by Criminal Rule 41.
The warrant shall be returned promptly by the officer or
individual holding it. 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 the officer's or individual's agency headquarters.
Section 2. That existing section 2933.24 of the Revised Code
is hereby repealed.
Section 3. The General Assembly hereby respectfully requests
the Supreme Court to amend Criminal Rule 41 to be consistent with
the amendment to section 2933.24 of the Revised Code that is made
by this act and that provides a ten-day period for conducting a
search under a search warrant.
Section 4. The amendments to section 2933.24 of the Revised
Code made by Sections 1 and 2 of this act take effect on July 1,
2015.
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