HB1611: CRIM PRO-WARRANT REQUIREMENTS

Legislative Summary

Reinserts the provisions of the introduced bill with these changes. Provides that the Act may be referred to as the Anjanette Young Act. Provides that no court shall issue a search warrant that permits police officers to enter a residence without first knocking and announcing their office. Provides that police officers may enter a residence without first knocking and announcing their office in exigent circumstances when entry without notice is necessary to prevent physical injury to police officers or others. Provides that during the execution of a residential warrant, police officers are prohibited from handcuffing or restraining any child, unless the child presents an immediate threat of physical harm to oneself or another person. Provides that during the execution of a residential warrant, police officers are prohibited from handcuffing or restraining parents, relatives, or caregivers of children while in the presence of children, unless the person presents an immediate threat of physical harm to oneself or another person. Provides that as soon as it can be determined that an individual is not subject to the scope of a warrant and that no further reasonable suspicion or safety concerns exist to justify further detention, the person shall be promptly released. Provides that the officer shall knock and announce the officer's presence at a volume loud enough for the officer to reasonably believe the occupants inside can hear, allow a minimum of 30 seconds of time before entering given the size of the dwelling for someone to get to the door, and delay entry if the officer has reason to believe that someone is approaching the dwelling's entrance with the intent of voluntarily allowing the officer to enter the dwelling; except that this provision does not apply if the circumstances known to the officer at the time provide an objectively reasonable basis to believe that immediate entry (instead of no-knock entry or not waiting a reasonable amount of time) is necessary because of an emergency threatening the life of or grave injury to a person, provided that the imminent danger is not created by law enforcement officers executing the search. Provides that residential search warrants shall be prohibited unless they involve violent felonies as defined by 18 U.S.C. 16; the illegal manufacture, distribution, or sale of narcotics, firearms, or munitions; property crimes over $1,000; or when necessary to protect a person from a threat of physical harm. Provides that law enforcement agencies shall provide copies of body-worn camera footage of the raid to the owners of the residence and the people present within 10 days of their request for such footage. Makes other changes to the bill.