Louisiana 2014 Regular Session

Louisiana House Bill HB761

Introduced
3/10/14  
Introduced
3/10/14  
Refer
3/10/14  

Caption

Provides relative to the time to produce certain information in response to a subpoena issued in investigations for certain offenses

Impact

The bill's enactment would modify the Louisiana Code of Criminal Procedure by introducing strict deadlines for the production of records as part of criminal investigations. This change is significant as it consolidates existing laws regarding the timing of information requests and aims to enhance the effectiveness of law enforcement. By establishing a defined period for compliance, it is expected to streamline investigative processes and potentially lead to swifter resolutions of criminal cases.

Summary

House Bill 761, introduced by Representative Ortego, aims to amend existing laws concerning the issuance and processing of subpoenas in criminal investigations, specifically pertaining to certain offenses like theft and identity theft. The bill mandates that information requested through administrative subpoenas must be produced within 24 hours of service. This swift timeline is intended to facilitate timely investigations by law enforcement agencies, ensuring that essential information is available quickly in serious criminal cases.

Sentiment

Sentiment around HB 761 appears generally supportive from law enforcement organizations that advocate for more efficient investigation procedures. Proponents argue that expediting the provision of critical information can lead to faster prosecutions and deterrence of criminal activities. However, some privacy advocates and civil liberties groups may raise concerns over the expedited timeline potentially affecting the rights of individuals, particularly regarding the confidentiality of sensitive information.

Contention

Notable points of contention surrounding the bill center on issues of privacy and the potential for overreach by law enforcement. While it aims to enhance investigative efficiency, there are concerns that the rushed handling of information could compromise individual privacy rights. The exclusion of certain types of information, such as in-transit electronic communications and account passwords, has been mentioned, but debates may arise regarding the adequacy of these protections. Overall, the legislation highlights a broader dialogue on balancing the needs of law enforcement with civil liberties.

Companion Bills

No companion bills found.

Previously Filed As

LA HB227

Provides relative to subpoena duces tecum when investigating sex offenses involving human trafficking

LA HB193

Authorizes the use of administrative subpoenas when investigating sex offenses involving children through use of a computer (EN NO IMPACT See Note)

LA HB908

Provides relative to the issuance of certain subpoenas

LA HB275

Provides with respect to the subpoenaing of prescription monitoring information

LA SB1203

Relating to the issuance of subpoenas or certain other court orders with respect to an online service provider in the investigation or prosecution of certain criminal offenses.

LA HB2622

Relating to the issuance of subpoenas or certain other court orders with respect to an online service provider in the investigation or prosecution of certain criminal offenses.

LA SB0044

Administrative subpoena for certain investigations.

LA HB161

Georgia Bureau of Investigation; authority to issue subpoenas of electronic communication records for purposes of investigating certain cyber enabled threats to life and property; provide

LA HB334

Provides relative to the records and subpoena powers of certain local ethics entities

LA SB620

Authorizes the Cemetery Board to issue subpoenas, conduct investigations, and issue cease and desist orders. (8/15/10)

Similar Bills

CA SB471

Subpoenas: service.

CA AB522

State departments: investigations and hearings: administrative subpoenas.

VA HB1413

Identity of persons communicating anonymously over Internet; procedure governing certain subpoenas.

HI HB2486

Relating To Tax Enforcement.

HI SB3175

Relating To Tax Enforcement.

TX HB3725

Relating to the service of a subpoena for the attendance of a law enforcement agency employee.

OK HB1563

Criminal procedure; authorizing the issuance of subpoena duces tecum to businesses and commercial entities; codification; effective date.

TX HB2829

Relating to enforcement of certain unclaimed property laws.