H.Amdt. 275House109th Congress (2005-2007)

An amendment to insert a new TITLE VIII-LIMITATION ON AUTHORITY TO DELAY NOTICE OF SEARCH WARRANTS and to amend section 3103a of title 18, United States Code.

What it does: Adds TITLE VIII--LIMITATION ON AUTHORITY TO DELAY NOTICE OF SEARCH WARRANTS on page 108, line 7
Submitted June 15, 2005

What it changes

1 change to H.R. 2862

Adds a section
  1. Adds TITLE VIII--LIMITATION ON AUTHORITY TO DELAY NOTICE OF SEARCH WARRANTS on page 108, line 7

    Adds a titlePrinted page

    Inserted: TITLE VIII--LIMITATION ON AUTHORITY TO DELAY NOTICE OF SEARCH WARRANTS

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

    Inserted: (1) in subsection (b)--

    Inserted: (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 the intimidation of a potential witness, or result in the destruction of or tampering with the evidence sought under the warrant"; and

    Inserted: (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 21 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

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

    Inserted: "(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).

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

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

    Inserted: "(B) the total number of such requests granted or denied; and

    Inserted: "(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.".

    Original wording

    Page 108, after line 7, insert the following:

Read automatically from the Congressional Record. Check the original before relying on it.

As printed

Page 108, after line 7, insert the following:

TITLE VIII--LIMITATION ON AUTHORITY TO DELAY 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 the intimidation of a potential witness, 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 21 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

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House amendment offered

June 15, 2005

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Floor

House amendment offered

June 15, 2005

Not Used

House amendment offered/reported by : Amendment (A028) offered by Mr. Otter.(consideration: CR H4525, H4526; text: CR H4525)

June 15, 2005 • 1:45 PM

Floor

Amendment (A028) offered by Mr. Otter. (consideration: CR H4525, H4526; text: CR H4525)

June 15, 2005 • 1:45 PM

Floor

By unanimous consent, the Otter amendment was withdrawn.

June 15, 2005 • 1:51 PM