108th CONGRESS
1st Session
S. 1701
A bill to limit authority to delay notice of search warrants.
IN THE SENATE OF THE UNITED STATES
October 2, 2003
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.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `Reasonable Notice and Search Act'.
SEC. 2. LIMITATION ON AUTHORITY TO DELAY NOTICE OF SEARCH WARRANTS.
Section 3103a of title 18, United States Code, is amended--
(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, or result in the
destruction of or tampering with the evidence sought under the warrant';
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, or result in the destruction of or tampering
with the evidence sought under the warrant.'; and
(2) by adding at the end the following:
`(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; and
`(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.'.
SEC. 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.
END
