BILL NUMBER: AB 182	CHAPTERED  09/06/05

	CHAPTER  181
	FILED WITH SECRETARY OF STATE  SEPTEMBER 6, 2005
	APPROVED BY GOVERNOR  SEPTEMBER 6, 2005
	PASSED THE SENATE  AUGUST 18, 2005
	PASSED THE ASSEMBLY  MARCH 10, 2005

INTRODUCED BY   Assembly Member Benoit

                        JANUARY 24, 2005

   An act to amend Section 1529 of the Penal Code, relating to search
warrants.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 182, Benoit  Search warrants: individuals authorized to serve.
   Existing law provides that investigators or inspectors employed in
that capacity by the office of a district attorney are peace
officers. Existing law also provides that a search warrant is an
order, in writing, directed to a peace officer. Existing law also
provides the form which a search warrant is required to follow, and
provides that the warrant is to any sheriff, marshal, or police
officer, but does not specifically mention peace officer.
   This bill would conform the provisions specifying the form of a
search warrant to the provisions specifying that a search warrant is
directed to a peace officer.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 1529 of the Penal Code is amended to read:
   1529.  The warrant shall be in substantially the following form:
   County of ____.
   The people of the State of California to any peace officer in the
County of ____:
   Proof, by affidavit, having been this day made before me by
(naming every person whose affidavit has been taken), that (stating
the grounds of the application, according to Section 1524, or, if the
affidavit be not positive, that there is probable cause for
believing that ____ stating the ground of the application in the same
manner), you are therefore commanded, in the daytime (or at any time
of the day or night, as the case may be, according to Section 1533),
to make search on the person of C. D. (or in the house situated
____, describing it, or any other place to be searched, with
reasonable particularity, as the case may be) for the following
property, thing, things, or person:  (describing the property, thing,
things, or person with reasonable particularity); and, in the case
of a thing or things or personal property, if you find the same or
any part thereof, to bring the thing or things or personal property
forthwith before me (or this court) at (stating the place).
   Given under my hand, and dated this ____ day of ____, A.D. (year).

   E. F., Judge of the (applicable) Court.