130th Ohio General Assembly
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H. B. No. 543  As Introduced
As Introduced

130th General Assembly
Regular Session
2013-2014
H. B. No. 543


Representative Barborak 

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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