The bill amends K.S.A. 22-2502 to establish new requirements for the issuance of search warrants, specifically mandating that only law enforcement officers can provide the necessary statements under oath to demonstrate probable cause for a search. The language clarifies that these statements can be made orally or in writing, including through electronic communication, and must detail the facts that justify the search. Additionally, the bill outlines the procedures for recording these statements and the conditions under which a magistrate may issue a search warrant for various items, including tracking devices and information related to electronic communications.
Furthermore, the bill introduces provisions regarding the confidentiality of affidavits and sworn testimony related to search warrants. It stipulates that such documents will not be publicly accessible until after the warrant has been executed, with specific exceptions for the defendant and their counsel. The magistrate is granted the authority to review requests for disclosure and to redact or seal information that could jeopardize safety or interfere with law enforcement activities. The existing section of K.S.A. 22-2502 is repealed, and the new provisions will take effect upon publication in the statute book.
Statutes affected: As introduced: 22-2502, 22-4615