[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 2435 Introduced in Senate (IS)]







110th CONGRESS
  1st Session
                                S. 2435

         To limit authority to delay notice of search warrants.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            December 7, 2007

 Mr. Feingold introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 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--
            (1) in subsection (b)--
                    (A) in paragraph (1), by striking ``may have an 
                adverse result (as defined in section 2705, except if 
                the adverse results consist only of unduly delaying a 
                trial)'' and inserting ``will endanger the life or 
                physical safety of an individual, result in flight from 
                prosecution, result in the destruction of or tampering 
                with the evidence sought under the warrant, or result 
                in intimidation of potential witnesses''; and
                    (B) in paragraph (3), by striking ``30 days'' and 
                all that follows and inserting ``7 days after the date 
                of its execution.''; and
            (2) in subsection (c), by striking ``for good cause shown'' 
        and all that follows and inserting ``upon application of the 
        Attorney General, the Deputy Attorney General, or an Associate 
        Attorney General, for additional periods of not more than 21 
        calendar days for each such application, if the court finds, 
        for each such 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, result in the destruction of or tampering with the 
        evidence sought under the warrant, or result in intimidation of 
        potential witnesses.''.

SEC. 3. SUNSET ON DELAYED NOTICE AUTHORITY.

    Section 102(b) of the USA PATRIOT Improvement and Reauthorization 
Act of 2005 (50 U.S.C. 1805 note) is amended--
            (1) in the subsection heading, by inserting ``, 213,'' 
        before ``and 215''; and
            (2) in paragraph (1), by inserting ``section 3103a of title 
        18, United States Code, is amended so that section reads as it 
        read on October 25, 2001, and'' before ``the Foreign 
        Intelligence''.
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