H.Amdt. 654House108th Congress (2003-2005)

An amendment numbered 4 printed in the Congressional Record to limit "sneak and peek" search warrants by narrowing the circumstances under which notice of the execution of the warrant is delayed to circumstances where the court finds reasonable cause to believe that providing immediate notification of the warrant "will endanger the life or physical safety of an individual, result in flight from prosecution, or result in the destruction fo or tampering with the evidence sought under the warrant.".

Submitted July 8, 2004

Text

Offered

Insert before the short title at the end the following:

TITLE VIII--NOTICE OF SEARCH WARRANTS

Sec. 801. Section 3103a of title 18, United States Code, is amended--

(1) in subsection (b)--

(A) in paragraph (1), by striking “may have an adverse result (as defined in section 2705)” and inserting “will endanger the life or physical safety of an individual, result in flight from prosecution, or result in the destruction of or tampering with the evidence sought under the warrant”; and

(B) in paragraph (3), by striking “a reasonable period” and all that follows and inserting “seven calendar days, which period, upon application of the Attorney General, the Deputy Attorney General, or an Associate Attorney General, may thereafter be extended by the court for additional periods of up to seven calendar days each if the court finds, for each application, reasonable cause to believe that notice of the execution of the warrant will endanger the life or physical safety of an individual, result in flight from prosecution, or result in the destruction of or tampering with the evidence sought under the warrant.”; and

(2) by adding at the end the following new subsection:

“(c) Reports.--(1) On a semiannual basis, the Attorney General shall transmit to Congress and make public a report concerning all requests for delays of notice, and for extensions of delays of notice, with respect to warrants under subsection (b).

“(2) Each report under paragraph (1) shall include, with respect to the preceding six-month period--

“(A) the total number of requests for delays of notice with respect to warrants under subsection (b);

“(B) the total number of such requests granted or denied; and

“(C) for each request for delayed notice that was granted, the total number of applications for extensions of the delay of notice and the total number of such extensions granted or denied.”.

Legislative Activity

Stay on top of the latest movement without scrolling through every action

3 earlier actions
Floor Latest Action

House amendment offered

July 8, 2004

View full timeline
Floor

House amendment offered

July 8, 2004

Not Used

House amendment offered/reported by : Amendment (A023) offered by Mr. Otter.(consideration: CR H5358-5360; text: CR H5358-5359)

July 8, 2004 • 1:47 PM

Floor

Amendment (A023) offered by Mr. Otter. (consideration: CR H5358-5360; text: CR H5358-5359)

July 8, 2004 • 1:47 PM

Floor

By unanimous consent, the Otter amendment was withdrawn.

July 8, 2004 • 1:54 PM