This bill amends the process for creating an inventory related to the execution of search warrants, as requested by the Department of Safety. The key changes include the removal of the requirement for the inventory to be made in the presence of the applicant for the warrant, replacing it with a stipulation that it must be conducted in the presence of a law enforcement officer making the search and the person from whom the property was taken, if they are present. If neither is available, the inventory can be made in the presence of at least one credible person. Additionally, for warrants concerning electronically stored, remote, or off-site information submitted electronically, the inventory can be completed without a witness, provided the law enforcement officer attests to its accuracy.

The bill also specifies that the justice of a court of record must deliver a copy of the inventory to the person from whom the property was taken and to the applicant for the warrant upon request. Furthermore, it mandates that the justice attach a copy of the return, inventory, and all related documents to the warrant and file them with the court clerk. The act is set to take effect on January 1, 2027.

Statutes affected:
Introduced: 595-A:5
Version adopted by both bodies: 595-A:5
CHAPTERED FINAL VERSION: 595-A:5
SB411 text: 595-A:5