Indiana 2024 Regular Session

Indiana Senate Bill SB0044 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	Introduced Version
3	3	SENATE BILL No. 44
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 10-11-13.
7	7	Synopsis: Administrative subpoena for certain investigations.
8	8	Authorizes the state police department to issue an administrative
9	9	subpoena to obtain certain records, if: (1) the subpoena relates to an
10	10	investigation of an offense that involves the sexual exploitation of a
11	11	minor; and (2) there is reasonable cause to believe that an Internet or
12	12	electronic service account has been used in the sexual exploitation or
13	13	attempted sexual exploitation of the minor.
14	14	Effective: July 1, 2024.
15	15	Crider
16	16	January 8, 2024, read first time and referred to Committee on Corrections and Criminal
17	17	Law.
18	18	2024 IN 44—LS 6176/DI 106 Introduced
19	19	Second Regular Session of the 123rd General Assembly (2024)
20	20	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
21	21	Constitution) is being amended, the text of the existing provision will appear in this style type,
22	22	additions will appear in this style type, and deletions will appear in this style type.
23	23	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
24	24	provision adopted), the text of the new provision will appear in this style type. Also, the
25	25	word NEW will appear in that style type in the introductory clause of each SECTION that adds
26	26	a new provision to the Indiana Code or the Indiana Constitution.
27	27	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
28	28	between statutes enacted by the 2023 Regular Session of the General Assembly.
29	29	SENATE BILL No. 44
30	30	A BILL FOR AN ACT to amend the Indiana Code concerning
31	31	criminal law and procedure.
32	32	Be it enacted by the General Assembly of the State of Indiana:
33	33	1 SECTION 1. IC 10-11-13 IS ADDED TO THE INDIANA CODE
34	34	2 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
35	35	3 JULY 1, 2024]:
36	36	4 Chapter 13. Administrative Subpoenas
37	37	5 Sec. 1. As used in this chapter, "ICAC task force" means the
38	38	6 Indiana Internet crimes against children task force, a multi-agency
39	39	7 task force that investigates and prosecutes persons who use the
40	40	8 Internet to sexually exploit or entice children, and that is:
41	41	9 (1) overseen by the department; and
42	42	10 (2) recognized by the United States Department of Justice.
43	43	11 Sec. 2. The superintendent, or a person designated by the
44	44	12 superintendent, may issue and cause to be served an administrative
45	45	13 subpoena that requires the production of records or other
46	46	14 documentation as described in this chapter, if:
47	47	15 (1) the subpoena relates to an investigation of an offense that
48	48	16 involves the sexual exploitation of a minor; and
49	49	17 (2) there is reasonable cause to believe that an Internet or
50	50	2024 IN 44—LS 6176/DI 106 2
51	51	1 electronic service account provided through an electronic
52	52	2 communication service or remote computing service has been
53	53	3 used in the sexual exploitation or attempted sexual
54	54	4 exploitation of the minor.
55	55	5 Sec. 3. A subpoena under this chapter must:
56	56	6 (1) describe any objects or items to be produced; and
57	57	7 (2) prescribe a reasonable return date by which those objects
58	58	8 or items must be assembled and made available.
59	59	9 Sec. 4. Except as provided in section 5 of this chapter, a
60	60	10 subpoena issued under this chapter may require the production of
61	61	11 any records or other documentation relevant to the investigation,
62	62	12 including the following:
63	63	13 (1) A name.
64	64	14 (2) An address.
65	65	15 (3) A local or long distance telephone connection record,
66	66	16 satellite based Internet service provider connection record, or
67	67	17 record of session time and duration.
68	68	18 (4) The duration of the applicable service, including the start
69	69	19 date for the service and the type of service used.
70	70	20 (5) A telephone or instrument number or other number used
71	71	21 to identify a subscriber, including a temporarily assigned
72	72	22 network address.
73	73	23 (6) The source of payment for the service, including a credit
74	74	24 card or bank account number.
75	75	25 Sec. 5. Unless the disclosure is required by a court order, a
76	76	26 provider of an electronic communication service or remote
77	77	27 computing service may not disclose the following information in
78	78	28 response to a subpoena issued under this chapter:
79	79	29 (1) An in-transit electronic communication.
80	80	30 (2) An account membership related to an Internet group,
81	81	31 newsgroup, mailing list, or specific area of interest.
82	82	32 (3) An account password.
83	83	33 (4) Any account content, including:
84	84	34 (A) any form of electronic mail;
85	85	35 (B) an address book, contact list, or buddy list;
86	86	36 (C) a financial record;
87	87	37 (D) Internet proxy content or Internet history; or
88	88	38 (E) a file or other digital document stored in the account or
89	89	39 as part of the use of the account.
90	90	40 Sec. 6. A person authorized to serve process under the Indiana
91	91	41 Rules of Trial Procedure may serve a subpoena issued under this
92	92	42 chapter. The person shall serve the subpoena in accordance with
93	93	2024 IN 44—LS 6176/DI 106 3
94	94	1 the Indiana Rules of Trial Procedure.
95	95	2 Sec. 7. Before the return date specified on a subpoena issued
96	96	3 under this chapter, the person receiving the subpoena may, in an
97	97	4 appropriate court located in the county where the subpoena was
98	98	5 issued, petition for an order to modify or quash the subpoena or to
99	99	6 prohibit disclosure of applicable information by a court.
100	100	7 Sec. 8. If a criminal case or proceeding does not result from the
101	101	8 production of records or other documentation under this section
102	102	9 within a reasonable period, the ICAC task force shall, as
103	103	10 appropriate:
104	104	11 (1) destroy the records or documentation; or
105	105	12 (2) return the records or documentation to the person who
106	106	13 produced the records or documentation.
107	107	2024 IN 44—LS 6176/DI 106