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secretive collaboration
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Model
“conservative” politicians.
Civil Justice
Behind closed doors, they
ghostwrite
“model”
bills to
Commerce,
Insurance,
and Economic
be introduced
in state
Development
capitols
across the country.
This agenda--underwritten
Education
by global corporations-Energy,
Environment,
includes
major
tax
and Agriculture
loopholes
for big industries
and the
super rich,
Federal Relations
proposals to offshore U.S.
Health
Human
jobs and
gutand
minimum
wage,Services
and efforts to
weaken
public health,
International Relations
safety, and environmental
Public Safety
and many
protections.
Although
Elections
of these
bills have become
law, until now, their origin
Tax and Fiscal Policy
has been largely unknown.
With ALEC
EXPOSED, the
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Centerand
forInformation
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Technology
Democracy
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Americans will study the
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depth andText-Only
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changing the
legal
rules
and undermining democracy
across the nation.

By the Center for
Media and Democracy
www.prwatch.org

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MODEL LEGISLATION
TASKa FORCES
ALEC INITIATIVES
PUBLICATIONS

Model Legislation

Public Safety and Elections

Electronically Issued Warrants Act
Summary

Did you know the
NRA--the National
Rifle Association-was the corporate
co-chair in 2011?

This Act would allow arrest warrants and search warrants to be issued through electronic
or electromagnetic means of communication such as facsimile machines. To ensure
constitutionality and authenticity, the Act would also establish the requirements for
issuing such warrants

Model Legislation
{Title, enacting clause, etc.}
Section 1. {Title.} This Act may be cited as the Electronically Issued Warrants Act.
Section 2. {Arrest warrant.}
(A) For the apprehension of persons charged with a felony, misdemeanor, or ordinance
violation, a magistrate may issue procedures to implement this Act, except that a
magistrate shall not issue a warrant for other than a minor offense unless an
authorization is signed by the prosecuting attorney, or unless security for costs is filed
with the magistrate.
(B) A magistrate shall not issue a warrant for a minor offense unless an authorization in
writing allowing the issuance of the warrant is filed with the magistrate and signed by
the prosecuting attorney, or unless security for costs is filed with the magistrate, except
if the warrant is requested by any of the following:
(1) the director of the department of natural resources, or a special assistant or
conservation officer appointed by the director and declared by statute to be a peace
officer, for a violation of a law that provides for the protection of wild game and foul;
(2) agents of the state transportation department, a county road commission, or the
public service commission for violations of [insert motor vehicle acts], the enforcement
of which has been delegated to them.
(C) A complaint for an arrest warrant may be made by any electronic or electromagnetic
means of communication if all of the following occur:

ALEC’s’Corporate Board
--in recent past or present

• AT&T Services, Inc.
• centerpoint360
• UPS
• Bayer Corporation
• GlaxoSmithKline
• Energy Future Holdings
• Johnson & Johnson
• Coca-Cola Company
• PhRMA
• Kraft Foods, Inc.
• Coca-Cola Co.
• Pfizer Inc.
• Reed Elsevier, Inc.
• DIAGEO
• Peabody Energy
• Intuit, Inc.
• Koch Industries, Inc.
• ExxonMobil
• Verizon
• Reynolds American Inc.
• Wal-Mart Stores, Inc.
• Salt River Project
• Altria Client Services, Inc.
• American Bail Coalition
• State Farm Insurance
For more on these corporations,
search at www.SourceWatch.org.

(1) The prosecuting attorney authorizes the issuance of the warrant. Authorization may
consist of an electronically or electromagnetically transmitted facsimile of the signed
authorization.
(2) The judge orally administers the oath or affirmation to an applicant for an arrest
warrant who submits a complaint under this subsection.
(3) The applicant signs the complaint. Proof that the applicant has signed the complaint
may consist of an electronically or electromagnetically transmitted facsimile of the
signed complaint.
(D) The person or department receiving an electronically or electromagnetically issued
arrest warrant shall receive proof that the issuing judge has signed the warrant before
the warrant is executed. Proof that the issuing judge has signed the warrant may consist
of an electronically or electromagnetically transmitted facsimile of the signed warrant.
(E) The state court administrator shall establish paper quality and durability standards
for warrants issued under this section.

Section 3. {Search warrant.}
(A) When an affidavit is made on oath to a magistrate authorized to issue warrants in
criminal cases, and the affidavit establishes grounds for issuing a warrant pursuant to
this Act, the magistrate, if he or she is satisfied that there is probable cause for the
search, shall issue a warrant to search the house, building, or other location or place
where the property or thing to be searched for and seized is situated.
(B) An affidavit for a search warrant may be made by any electronic or electromagnetic
means of communication if both of the following occur:
(1) The judge or district court magistrate orally administers the oath or affirmation to an
applicant for a search warrant who submits an affidavit under this subsection.
(2) The affiant signs the affidavit. Proof that the affiant has signed the affidavit may

Exposed

By the Center for
Media and Democracy
www.prwatch.org

consist of an electronically or electromagnetically transmitted facsimile of the signed
affidavit.
(C) A judge may issue a written search warrant in person or by any electronic or
electromagnetic means of communication. If the court order required is issued,
pursuant to the [insert state legal code], as a search warrant, the search warrant may
be issued in person or by any electronic or electromagnetic means of communication by
a judge or by a district court magistrate.
(D) The peace officer or department receiving an electronically or electromagnetically
issued search warrant shall receive proof that the issuing judge or district court
magistrate has signed the warrant before the warrant is executed. Proof that the issuing
judge or district court magistrate has signed the warrant may consist of an electronically
or electromagnetically transmitted facsimile of the signed warrant.
(E) The state court administrator shall establish paper quality and durability standards
for warrants issued under this section.
(F) If an oath or affirmation is orally administered by electronic or electromagnetic
means of communication, or a search warrant under this section, the oath or affirmation
is considered to be administered before the judge or district court magistrate.
(G) If an affidavit for a search warrant is submitted by electronic or electromagnetic
means of communication, or a search warrant is issued by electronic or electromagnetic
means of communication, the transmitted copy of the affidavit or search warrant is a
duplicate original of the affidavit or search warrant and is not required to contain the
impression made by an impression seal.

Section 4. {Severability clause.}
Section 5. {Repealer clause.}
Section 6. {Effective date.}
ALEC's Sourcebook of American State Legislation 1995

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