HOUSE
       Amended 2nd Reading
                     January 22, 2007First Regular Session
              Sixty-sixth General Assembly
                    STATE OF COLORADO
                                                  ENGROSSED
               This Version Includes All Amendments Adopted
             on Second Reading in the House of Introduction
 LLS NO. 07-0270.01 Michael Dohr         HOUSE BILL 07-1010
                    HOUSE SPONSORSHIP
 Marostica, 
 
                   SENATE SPONSORSHIP
 Morse, 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 House Committees
 Senate Committees
 
 
 Judiciary
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                         A BILL FOR AN ACT
       Concerning the use of electronic transfers in the warrant
            process.
       
       
                           Bill Summary
       
            (Note:  This summary applies to this bill as introduced and does
       not necessarily reflect any amendments that may be subsequently
       adopted.)
       
            Permits an application for a search warrant or an arrest warrant to
       be submitted by an electronic transfer that may include an electronic or
       a digital signature.  Allows the court to issue a search warrant or an arrest
       warrant by electronic transfer that may include an electronic or a digital
       signature.
       
       
       
       Be it enacted by the General Assembly of the State of Colorado:
            SECTION 1.  16-1-106 (1) and (3), Colorado Revised Statutes,
       are amended, and the said 16-1-106 is further amended BY THE
       ADDITION OF A NEW SUBSECTION, to read:
            16-1-106.  Electronic transmission of documents required for
       arrest and search warrants under code authorized - definition. 
       (1)  Whenever a written application for a warrant is required, it shall
       include both a written application and a sworn or affirmed affidavit. are
       required, or a court is authorized or required to issue an arrest warrant or
       search warrant in accordance with the provisions of this code, such A
       peace officer may submit an application and affidavit may be
       submitted for a warrant and such the court may issue the warrant
       may be issued by an electronically or electromagnetically transmitted
       facsimile of such document or by an electronic transfer that may
       include a digital signature.  Whenever a sworn or affirmed affidavit
       is required, the court may orally administer the oath or affirmation to the
       affiant and the affiant may then electronically transmit back to the court
       a written affidavit of the oath or affirmation.
            (3) (a)  Any electronically or electromagnetically transmitted
       facsimile of a document authorized to be made by this section shall be
       treated as an original document.
            (b)  A warrant issued by a judge or magistrate by an
       electronic transfer or a warrant signed digitally shall be
       considered the original document.  The issuing judge or
       magistrate shall mark the warrant as "original" and facilitate
       the filing of the warrant with the court clerk.  Any documents
       authorized by this section from the affiant that are
       electronically filed or signed digitally shall be considered a
       copy.
            (4)  For purposes of this section, "digital signature" means
       an electronic signature that can be used to authenticate the
       identity of the sender of a message or the signer of a document
       and can ensure that the original content of the message or
       document that has been sent is unchanged.
            SECTION 2.  Safety clause.  The general assembly hereby finds,
       determines, and declares that this act is necessary for the immediate
       preservation of the public peace, health, and safety.