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HB 0430 - Criminal procedure; search and seizure; revise and modernize law; provisions

Tracking Level: Monitor
Sponsor: Efstration, Chuck 104th
Last Action: 4/2/2015 - House Withdrawn, Recommitted
State Code Titles: 2, 12, 15, 16, 17, 27, 49
House Committee: JudyNC
Assigned To:
05. Superior CourtsNext Bill
06. State CourtsNext Bill
08. Probate CourtsNext Bill
09. Magistrate CourtsNext Bill
10. Municipal CourtsNext Bill

Staff Analysis of the Legislation

HB 430 amends Chapter 5 of Title 17 of the O.C.G.A relating to search and seizure so as to both revise and modernize the law relating to search and seizure. The proposed legislation offers definitions for the procedural seizure of intangible property, changes the provisions relating to searches without warrants, and authorizes the recording of the execution of a search warrant concurrent with the use of police body cameras. It stipulates that a search warrant shall only be issued upon the request of a peace officer engaged in their official duties, and not to university law enforcement agencies or private citizens. HB 430 also provides a procedure for out-of-state law enforcement officers to apply for and execute a search warrant in the State of Georgia, and reorganizes the use of wiretapping and surveillance into the search and seizure chapter of the Code. 

HB 430 also amends Article 3 of Chapter 11 of Title 16 of the O.C.G.A. relating to invasions of privacy so as to repeal previously existing provisions related to wiretapping and surveillance as contained in Chapter 5 of Title 17. It also amends Chapter 18 of Title 15 of the O.C.G.A. relating to investigators in District Attorneys' and Solicitor-General's Offices. HB 430 provides cross-refernce revisions relating to the Department of Agriculture's and Environmental Protection Division's power to inspect. 


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