RÉSUMÉ DIGEST
ACT 18 (HB 227) 2021 Regular Session Wheat
New 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.
New 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.
New law provides that any additional information has to be obtained through other lawful
process.
New law provides for the destruction of any of the information upon expiration of time
limitations for prosecution.
New law provides that administrative subpoenas used pursuant to new law shall comply with
federal laws governing records concerning an electronic communication service or remote
computing service.
Effective August 1, 2021.
(Adds C.Cr.P. Art. 732.2)