DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part of
the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute part of
the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Ortego HB No. 761
Abstract: Provides relative to the time to produce certain information in response to a subpoena
issued in investigations for certain offenses.
Present law provides for the issuance of subpoenas for the compulsory attendance of witnesses at
hearings or trials, for the issuance of subpoenas duces tecum for the production of books, papers,
documents, or other tangible things, and for the issuance of administrative subpoenas issued by
law enforcement for the production of certain information in the investigation of certain offenses.
With regard to the issuance of administrative subpoenas, present law provides that the subpoena
shall prescribe a return date with a "reasonable period of time" within which the objects can be
assembled and made available.
Proposed law amends present law to provide that the objects requested in an administrative
subpoena issued by law enforcement pursuant to present law shall be produced within 24 hours
of the time that the subpoena was served.
Proposed law further provides that any subpoena, including administrative subpoenas, lawfully
issued in investigation of certain crimes, including theft and the possession of stolen things, that
requests any of the following information shall prescribe a return date that is within 24 hours
from the time that the subpoena is served: Internet protocol address, name of account holder,
billing and service address, telephone number, account status, method of access to the Internet,
and automatic number identification records if access is by modem.
(Amends C.Cr.P. Art. 732.1(D); Adds C.Cr.P. Art. 732.2)