Bill Text: IA HJR2003 | 2015-2016 | 86th General Assembly | Introduced

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Bill Title: A joint resolution proposing an amendment to the Constitution of the State of Iowa relating to searches and seizures of electronic communications and data.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Engrossed - Dead) 2016-03-08 - Returned to Committee. S.J. 0. [HJR2003 Detail]

Download: Iowa-2015-HJR2003-Introduced.html

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House Joint Resolution 2003 - Introduced




                                 HOUSE JOINT RESOLUTION       
                                 BY  RIZER

                                      HOUSE JOINT RESOLUTION

  1 A Joint Resolution proposing an amendment to the Constitution
  2    of the State of Iowa relating to searches and seizures of
  3    electronic communications and data.
  4 BE IT RESOLVED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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PAG LIN



  1  1    Section 1.  The following amendment to the Constitution of
  1  2 the State of Iowa is proposed:
  1  3    Section 8 of Article I of the Constitution of the State of
  1  4 Iowa is amended beginning July 1, 2019, to read as follows:
  1  5 Personal security == searches and seizures.SEC. 8.  The
  1  6 right of the people to be secure in their persons, houses,
  1  7 papers, and effects, and electronic communications and data,
  1  8  against unreasonable seizures and searches shall not be
  1  9 violated; and no warrant shall issue but on probable cause,
  1 10 supported by oath or affirmation, particularly describing the
  1 11 place to be searched, and the persons and things to be seized,
  1 12 and the electronic communications and data to be accessed.
  1 13    Sec. 2.  REFERRAL AND PUBLICATION.  The foregoing proposed
  1 14 amendment to the Constitution of the State of Iowa is referred
  1 15 to the general assembly to be chosen at the next general
  1 16 election for members of the general assembly, and the secretary
  1 17 of state is directed to cause the proposed amendment to be
  1 18 published for three consecutive months previous to the date of
  1 19 that election as provided by law.
  1 20                           EXPLANATION
  1 21 The inclusion of this explanation does not constitute agreement with
  1 22 the explanation's substance by the members of the general assembly.
  1 23    This joint resolution proposes an amendment to the
  1 24 Constitution of the State of Iowa relating to searches and
  1 25 seizures of electronic communications and data.
  1 26    The amendment to the Constitution provides that a person's
  1 27 electronic communications and data shall be secure against
  1 28 unreasonable searches and seizures and that such communications
  1 29 and data shall only be subject to search and seizure if a
  1 30 warrant under oath based upon probable cause has first been
  1 31 issued.
  1 32    The resolution, if adopted, would be published and then
  1 33 referred to the next general assembly (Eighty=seventh)
  1 34 for adoption, before being submitted to the electorate for
  1 35 ratification.
  2  1 The resolution, if adopted and ratified by the electorate,
  2  2 would take effect July 1, 2019.
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