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.
Short title
This Act may be cited as the
Reasonable Notice and Search
Act
.
Limitation on authority to delay notice of search warrants
Section 3103a of title 18, United States Code, is amended—
in subsection (b)—
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
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
by adding at the end the following:
Reports
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).
Contents
Each report under paragraph (1) shall include, with respect to the preceding 6-month period—
the total number of requests for delays of notice with respect to warrants under subsection (b);
the total number of such requests granted or denied;
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
on an aggregate basis, the nature of the crime being investigated for each request for delay of notice that was granted or denied.
.
Sunset on delayed notice authority
PATRIOT Act
Section 224(a) of the USA PATRIOT Act of 2001 (Public Law
107–56;
115
Stat. 295) is amended by striking 213,
.
Amendments
The amendments made by this Act shall sunset as provided in section 224 of the USA PATRIOT Act of 2001.