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 applicant for the warrant to be present during the inventory process. Instead, the inventory must now be conducted in the presence of a law enforcement officer executing the search and the individual from whom the property was taken, if they are available. If neither party is present, the inventory can be conducted in the presence of at least one credible witness. 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 stipulates that the justice of a court of record must deliver a copy of the inventory to both the individual from whom the property was taken and the warrant applicant upon request. Furthermore, the justice is required to attach 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
HB1361 text: 595-A:5