05
SB269/AP
Senate
Bill 269
By: Senators Rogers of the 21st, Smith of the 52nd and Hill of the 32nd
By: Senators Rogers of the 21st, Smith of the 52nd and Hill of the 32nd
AS
PASSED
AN
ACT
To
amend Code Section 16_11_64.1 of the Official Code of Georgia Annotated,
relating to application and issuance of order authorizing installation and use
of pen register or trap and trace device, so as to provide that the district
attorney having jurisdiction over the prosecution of the crime under
investigation may apply for or extend an order authorizing the installation and
use of a pen register or trap and trace device; to provide that certain superior
court judges may authorize such use; to provide for related matters; to provide
an effective date; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Code
Section 16_11_64.1 of the Official Code of Georgia Annotated, relating to
application and issuance of order authorizing installation and use of pen
register or trap and trace device, is amended by striking the Code section and
inserting in lieu thereof a new Code Section 16_11_64.1 to read as
follows:
"16_11_64.1.
Any
district attorney having jurisdiction over the prosecution of the crime under
investigation or the Attorney General is authorized to make application for an
order or an extension of an order authorizing or approving the installation and
use of a pen register or a trap and trace device to a judge of the superior
court of the same judicial circuit as the District Attorney, or, in the case of
the Attorney General, in any judicial circuit; and said court is authorized to
enter an order authorizing the use of a pen register or a trap and trace device,
to the extent the same is consistent with and permitted by the laws of the
United
States."
SECTION
2.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.