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 requirement that the inventory of property taken under a search warrant must now be made in the presence of a law enforcement officer conducting the search and the individual from whom the property was taken, if they are present. If neither party is available, the inventory can be conducted in the presence of at least one credible witness who is not the law enforcement officer or the individual from whom the property was taken. 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 modifies the language regarding the return of the search warrant and inventory, replacing the term "applicant for the warrant" with "law enforcement officer making the search" in several instances. The justice of a court of record is required to deliver a copy of the inventory to both the individual from whom the property was taken and the warrant applicant upon request. The act is set to take effect on January 1, 2027.

Statutes affected:
Introduced: 595-A:5
HB1361 text: 595-A:5