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2007 SESSION
SB 1357 Administrative subpoena; issued for records of electronic communication service, etc.
Introduced by: Mark D. Obenshain | all patrons ... notes | add to my profiles
SUMMARY AS PASSED: (all summaries)
Administrative subpoena; electronic communication service and remote computing service providers. Provides that attorneys for the Commonwealth have the authority to issue administrative subpoenas to obtain records and other information from electronic communication service and remote computing service providers if relevant to a legitimate law-enforcement investigation concerning child pornography and use of communications systems to facilitate certain sexual offenses with children. The bill provides a definition of what constitutes records and other information that may be obtained upon the issuance of an administrative subpoena. All records or other information received by attorneys for the Commonwealth may only be used for a reasonable period of time not to exceed 30 days. Upon completion of the investigation, the records or other information shall be destroyed if no prosecution is initiated. The bill also provides that a service provider may move to quash the administrative subpoena in any court of competent jurisdiction if the records or other information sought is unusually voluminous in nature or if compliance with the subpoena would cause an undue burden to the service provider. This bill is similar to HB 2953.
FULL TEXT
- 01/16/07 Senate: Presented and ordered printed 073291105 pdf
- 02/05/07 Senate: Committee substitute printed 070583782-S1 pdf
- 02/20/07 House: Committee substitute printed 077047782-H1 pdf
- 03/08/07 Senate: Bill text as passed Senate and House (SB1357ER) pdf
- 04/10/07 Governor: Acts of Assembly Chapter text (CHAP0802) pdf
HISTORY
- 01/16/07 Senate: Presented and ordered printed 073291105
- 01/16/07 Senate: Referred to Committee for Courts of Justice
- 02/05/07 Senate: Reported from Courts of Justice with substitute (15-Y 0-N)
- 02/05/07 Senate: Committee substitute printed 070583782-S1
- 02/06/07 Senate: Constitutional reading dispensed (40-Y 0-N)
- 02/06/07 Senate: VOTE: (40-Y 0-N)
- 02/06/07 Senate: Read second time
- 02/06/07 Senate: Reading of substitute waived
- 02/06/07 Senate: Committee substitute agreed to 070583782-S1
- 02/06/07 Senate: Engrossed by Senate - committee substitute SB1357S1
- 02/06/07 Senate: Constitutional reading dispensed (40-Y 0-N)
- 02/06/07 Senate: VOTE: (40-Y 0-N)
- 02/06/07 Senate: Passed Senate (40-Y 0-N)
- 02/06/07 Senate: VOTE: (40-Y 0-N)
- 02/06/07 Senate: Communicated to House
- 02/08/07 House: Placed on Calendar
- 02/08/07 House: Read first time
- 02/08/07 House: Referred to Committee for Courts of Justice
- 02/19/07 House: Reported from Courts of Justice with substitute (21-Y 0-N)
- 02/20/07 House: Committee substitute printed 077047782-H1
- 02/20/07 House: Read second time
- 02/21/07 House: Read third time
- 02/21/07 House: Committee substitute agreed to 077047782-H1
- 02/21/07 House: Engrossed by House - committee substitute SB1357H1
- 02/21/07 House: Passed House with substitute BLOCK VOTE (97-Y 0-N)
- 02/21/07 House: VOTE: BLOCK VOTE PASSAGE (97-Y 0-N)
- 02/22/07 Senate: House substitute agreed to by Senate (40-Y 0-N)
- 02/22/07 Senate: VOTE: (40-Y 0-N)
- 03/08/07 Senate: Enrolled
- 03/08/07 Senate: Bill text as passed Senate and House (SB1357ER)
- 03/08/07 House: Signed by Speaker
- 03/11/07 Senate: Signed by President
- 03/23/07 Governor: Approved by Governor-Chapter 802 (effective 7/1/07)
- 04/10/07 Governor: Acts of Assembly Chapter text (CHAP0802)