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2002 SESSION

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024761536
HOUSE BILL NO. 457 FLOOR AMENDMENT IN THE NATURE OF A SUBSTITUTE (Proposed by Senator Stolle on February 28, 2002) (Patron Prior to Substitute--Delegate Griffith) A BILL to amend the Code of Virginia by adding a section numbered 19.2-267.2, relating to criminal subpoenas for information stored in electronic format.

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding a section numbered 19.2-267.2 as follows:

§ 19.2-267.2. Response to subpoena for information stored in electronic format.

When a subpoena has been issued pursuant to Rule 3A:12 of the Rules of the Supreme Court to a person who is not a party to the action for information stored in an electronic format, the person shall produce a tangible copy of the information. If a tangible copy cannot be produced, the person shall permit the party who applied for the subpoena to review the information on a computer or by electronic means during normal business hours, provided that the information can be accessed and isolated. If a tangible copy cannot reasonably be produced and the information is commingled with information other than that requested in the subpoena and cannot reasonably be isolated, the person may file a motion for a protective order or motion to quash.