COMMITTEE ON CRIMINAL JUSTICE REFORM
HOUSE OF REPRESENTATIVES AMENDMENTS TO H.B. 2751
(Reference to printed bill)
Page 1, strike lines 10 through 13, insert:
"B. The magistrate may authorize an unannounced entry on a reasonable showing that an announced entry to execute the warrant would endanger the safety of any person or would result in the destruction of any of the items described in the warrant, the magistrate shall authorize an unannounced entry due to any of the following factors:
1. Underlying charges.
2. Weapons information.
3. Gang activity.
4. Fortification of the structure.
5. Documented violence potential of the suspect and other associates or occupants related to the address.
6. Documented violence potential or calls for service related to the address itself.
7. FIRSTHAND knowledge by the detective of the suspects and target location.
8. Any other factor which a magistrate may consider relevant."
Reletter to conform
Page 2, line 7, after the period insert "A warrant authorized pursuant to section 13-3915, subsection B shall be executed by a member of a special weapons and tactics team if practicable."
Strike lines 8 through 12
Reletter to conform
Page 2, lines 15 and 17, strike "providing audible"
Strike lines 19 through 24, insert:
"3. A magistrate has authorized an unannounced entry pursuant to section 13-3915.
4. The particular circumstances and the objective articulable facts are such that a reasonable officer would believe that giving notice of the officer's authority and purpose before entering would endanger the safety of any person or result in the destruction of evidence."
Strike lines 25 through 32
Reletter to conform
Page 3, strike lines 3 through 27
Amend title to conform