S. 2435

Reasonable Notice and Search Act

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II

110th CONGRESS

1st Session

S. 2435

IN THE SENATE OF THE UNITED STATES

December 7, 2007

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

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, except if the adverse results consist only of unduly delaying a trial) 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 30 days and all that follows and inserting 7 days after the date of its execution.; and

(2)

in subsection (c), by striking for good cause shown and all that follows and inserting upon application of the Attorney General, the Deputy Attorney General, or an Associate Attorney General, for additional periods of not more than 21 calendar days for each such application, if the court finds, for each such 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..

3.

Sunset on delayed notice authority

Section 102(b) of the USA PATRIOT Improvement and Reauthorization Act of 2005 (50 U.S.C. 1805 note) is amended—

(1)

in the subsection heading, by inserting , 213, before and 215; and

(2)

in paragraph (1), by inserting section 3103a of title 18, United States Code, is amended so that section reads as it read on October 25, 2001, and before the Foreign Intelligence.