HLS 14RS-494 ORIGINAL
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2014
HOUSE BILL NO. 761
BY REPRESENTATIVE ORTEGO
CRIMINAL/SUBPOENAS: Provides relative to the time to produce certain information in
response to a subpoena issued in investigations for certain offenses
AN ACT1
To amend and reenact Code of Criminal Procedure Article 732.1(D) and to enact Code of2
Criminal Procedure Article 732.2, relative to subpoenas; to provide relative to the3
issuance of subpoenas in investigations of certain offenses; to require that certain4
information in response to the subpoena be returned within a certain period of time;5
to exclude certain information from this requirement; and to provide for related6
matters.7
Be it enacted by the Legislature of Louisiana:8
Section 1. Code of Criminal Procedure Article 732.1(D) is hereby amended and9
reenacted and Code of Criminal Procedure Article 732.2 is hereby enacted to read as10
follows: 11
Art. 732.1. Subpoena duces tecum regarding sex offenses against victims who are12
minors13
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D. A subpoena issued pursuant to this Article shall describe the objects15
required to be produced and shall prescribe a return date with a reasonable period of16
time within which the objects can be assembled and made available within twenty-17
four hours from the time that the subpoena is served.18
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HB NO. 761
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Art. 732.2. Subpoenas issued in investigations of certain offenses1
A. Any subpoena lawfully issued, including any administrative subpoena2
issued by a law enforcement agency, in investigations regarding any of the following3
offenses and requesting any of the information provided in Paragraph B of this4
Article shall prescribe that the information or records requested shall be returned5
within twenty-four hours from the time that the subpoena is served:6
(1) R.S. 14:67 (theft).7
(2) R.S. 14:67.16 (identity theft).8
(3) R.S. 14:69 (illegal possession of stolen things).9
(4) R.S. 14:69.1 (illegal possession of stolen firearms).10
B. Except as provided in Paragraph C of this Article, any subpoena issued11
in investigations of any offense listed in Paragraph A of this Article shall comply12
with the provisions of Paragraph A of this Article when requesting any of the13
following records or information:14
(1) Internet protocol address.15
(2) Name of account holder.16
(3) Billing and service address.17
(4) Telephone number.18
(5) Account status.19
(6) Method of access to the Internet.20
(7) Automatic number identification records if access is by modem.21
C. The following information shall not be subject to disclosure pursuant to22
the provisions of this Article:23
(1) In-transit electronic communications.24
(2) Account memberships related to Internet groups, newsgroups, mailing25
lists, or specific areas of interest.26
(3) Account passwords.27 HLS 14RS-494 ORIGINAL
HB NO. 761
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(4) Account content, including electronic mail in any form, address books,1
contacts, financial records, web surfing history, Internet proxy content, or files or2
other digital documents stored with the account or pursuant to use of the account.3
D. If no case or proceeding arises from the production of records or other4
documentation pursuant to this Section and the time limitation for initiation of5
prosecution has expired, the Department of Public Safety and Corrections, office of6
state police, the sheriff's office, or the office of the attorney general shall destroy the7
records and documentation.8
E. Except as provided in this Article, any information, records, or data9
reported or obtained pursuant to a subpoena authorized by the provisions of this10
Article shall remain confidential and shall not be disclosed unless in connection with11
a criminal case related to the subpoenaed materials.12
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)