(JUNEAU) - The Alaska State Senate unanimously approved House Bill 114 by a vote of 20 to zero on Wednesday. Sponsored by the House Rules Committee at the request of the Supreme Court of the State of Alaska, HB 114 allows a faxed affidavit in support of a search warrant to be accepted without restriction, just as if it had been hand-delivered to the court. House Rules Committee Chair Representative Norman Rokeberg (R-Anchorage) says the change will help law enforcement in remote rural communities. Currently, the law only allows faxed affidavits and telephonic testimony for search warrants when the evidence to be searched is in danger of being lost or destroyed. In all other cases the officer must call another peace officer in the community where the judge is located, tell him or her the facts and have that officer either fill out and sign an affidavit or appear personally before the judge.

"Many times, when a village police officer needs a search warrant for a seized a item that might be a contraband package of liquor, the law will not permit a faxed affidavit because the package is not in danger of being lost or destroyed," Rokeberg said. "Quite often the officer must then fly to the nearest community that has a judge and appear in person in order to receive the search warrant. This adds unnecessary expense and delay to the process."

HB 114 also expands the circumstances under which the court may accept a faxed affidavit and telephonic testimony for a search warrant to include circumstances where the affidavit or testimony would avoid a delay that would interfere with an ongoing investigation.

HB 114 moves to the Governor for approval.

# # #