This bill amends the informed consent law to extend its application from solely motor vehicles to include searches of houses and other property. Specifically, it modifies the requirements for law enforcement officers regarding what they must inform individuals before obtaining consent for a search. The new language clarifies that individuals have the right to refuse consent, and that such refusal cannot be used against them in court or as grounds for further detention. Additionally, the bill stipulates that if a person refuses consent, law enforcement must cease questioning unless significant new circumstances arise.

The bill also introduces provisions for documenting consent, requiring either a signed consent form or a video recording, which must be retained until any related criminal charges are resolved. It establishes that any evidence obtained in violation of these provisions will be inadmissible in court unless deemed otherwise admissible under specific exceptions. Furthermore, the bill outlines exceptions to the informed consent requirement, including searches incident to arrest and those justified by probable cause under exigent circumstances. The act is set to take effect on January 1, 2026, and is projected to have a fiscal impact of less than $10,000 annually from 2025 to 2028.

Statutes affected:
Introduced: 595-A:10