View Amendment Current Amendment: 5 to Bill 4791 Rep. RUTHERFORD proposes the following Amendment No. 5 to H. 4791 (COUNCIL\AGM\4791C002.AGM.DG14):

Reference is to Printer's Date 4/2/14-H.

Amend the bill, as and if amended, SECTION 1, by striking Section 23-53-40(a) and inserting:

/      Section 23-53-40.      (A)      Except as provided in this chapter or another provision of law, a governmental entity may not conduct a search of an electronic device in the possession of an individual incident to a lawful custodial arrest without a valid search warrant issued by a duly authorized judge or justice using state warrant procedures except in exigent circumstances that would cause a reasonable person to believe that a search is necessary to prevent physical harm to the officers or other persons, the destruction of evidence, or the escape of a suspect.      /

Renumber sections to conform.
Amend title to conform.