S. 316

Reasonable Notice and Search Act

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II

109th CONGRESS

1st Session

S. 316

IN THE SENATE OF THE UNITED STATES

February 8, 2005

Mr. Feingold introduced the following bill; which was read twice and referred to the Committee on the Judiciary

A BILL

A bill to limit authority to delay notice of search warrants.

1.

Short title

This Act may be cited as the Reasonable Notice and Search Act.

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, result in the destruction of or tampering with the evidence sought under the warrant, or result in intimidation of potential witnesses; 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, result in the destruction of or tampering with the evidence sought under the warrant, or result in intimidation of potential witnesses.; 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;

(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; and

(D)

on an aggregate basis, the nature of the crime being investigated for each request for delay of notice that was granted or denied.

.

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.