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2015 SESSION

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HB 1946 Administrative subpoenas; electronic communication services.

Introduced by: Jennifer L. McClellan | all patrons    ...    notes | add to my profiles

SUMMARY AS PASSED: (all summaries)

Administrative subpoenas; electronic communication services nondisclosure of subpoena. Authorizes the Attorney General, as attorneys for the Commonwealth are currently authorized, to issue administrative subpoenas to obtain certain records and other information from electronic communication service and remote computing service providers if relevant to a law-enforcement investigation of certain pornography, abduction, and prostitution crimes. The bill requires such subpoenas to contain a provision ordering the service provider not to notify or disclose the existence of the subpoena to another person, other than an attorney to obtain legal advice, for a period of 30 days after the date on which the service provider responds to the subpoena if the attorney for the Commonwealth or Attorney General makes written certification that there is reason to believe that the victim is under the age of 18 and that the disclosure of the existence of the subpoena will endanger the life or physical safety of an individual; lead to flight from prosecution, the destruction of or tampering with evidence, or the intimidation of potential witnesses; or otherwise seriously jeopardize an investigation. This bill is identical to SB 919.


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