[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 1701 Introduced in Senate (IS)]
108th CONGRESS
1st Session
S. 1701
A bill to limit authority to delay notice of search warrants.
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IN THE SENATE OF THE UNITED STATES
October 2, 2003
Mr. Feingold introduced the following bill; which was read twice and
referred to the Committee on the Judiciary
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A BILL
A bill to limit authority to delay notice of search warrants.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Reasonable Notice and Search Act''.
SEC. 2. LIMITATION ON AUTHORITY TO DELAY NOTICE OF SEARCH WARRANTS.
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 ``7
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 7 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:
``(c) Reports.--
``(1) In general.--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) Contents.--Each report under paragraph (1) shall
include, with respect to the preceding 6-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.''.
SEC. 3. SUNSET ON DELAYED NOTICE AUTHORITY.
(a) PATRIOT Act.--Section 224(a) of the USA PATRIOT Act of 2001
(Public Law 107-56; 115 Stat. 295) is amended by striking ``213,''.
(b) Amendments.--The amendments made by this Act shall sunset as
provided in section 224 of the USA PATRIOT Act of 2001.
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