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)]
HB 227 Engrossed 2021 Regular Session Wheat
Abstract: Authorizes certain law enforcement agencies to issue an administrative subpoena to
obtain information regarding an internet account used in the commission of human
trafficking.
Proposed law authorizes the Dept. of Public Safety and Corrections, the office of state police, the
office of the attorney general, the police department, or the sheriff's office with the administrative
authority to issue in writing and serve a subpoena requiring the production and testimony of
documentation and records upon reasonable cause that an internet service account, or online
identifier has been used in the commission or attempted commission of the following:
(1)A person is a victim of human trafficking or the offender reasonably believes that the person
is a victim of human trafficking.
(2)A person is a victim of trafficking of children for sexual purposes or the offender reasonably
believes that the person is a minor.
Proposed law provides that the administrative subpoena may be used to obtain the electronic mail
address, internet username, internet protocol address, name of the account holder, billing and service
address, telephone number, account status, method of access to the internet, and the automatic
number identification records if access is by modem.
Proposed law provides that any additional information has to be obtained through other lawful
process.
Proposed law provides for the destruction of any of the information upon expiration of time
limitations for prosecution.
Proposed law provides that administrative subpoenas used pursuant to proposed law shall comply
with federal laws governing records concerning an electronic communication service or remote
computing service.
(Adds C.Cr.P. Art. 732.2)
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Administration of Criminal Justice to the original bill:
1. Add police departments to the list of entities that have administrative authority to serve
subpoenas.