PRINTER'S NO. 79
THE GENERAL ASSEMBLY OF PENNSYLVANIA
INTRODUCED BY SACCONE, DUNBAR, GINGRICH, BOBACK, SAYLOR, SWANGER, STEPHENS, BAKER, BIZZARRO, BENNINGHOFF, COHEN, PETRI, MARSICO, ROCK, C. HARRIS, HESS AND WATSON, JANUARY 14, 2013
REFERRED TO COMMITEE ON JUDICIARY, JANUARY 14, 2013
7§ 5743.1. Administrative subpoena.
15(A) The Attorney General.
1(C) A district attorney.
7(A) requiring disclosure under section 5743(c)
8(2) (relating to requirements for governmental
9access) of a subscriber or customer's name, address,
10telephone or instrument number or other subscriber
11number or identity, including any temporarily
12assigned network address, which may be relevant to an
13authorized law enforcement inquiry; or
18(2) A subpoena under this section shall describe the
19information required to be produced and prescribe a return
20date within a reasonable period of time within which the
21information can be assembled and made available.
22(3) If summoned to appear under paragraph (1)(ii)(B), a
23custodian of records subpoenaed under this section shall be
24paid the same fees and mileage that are paid to witnesses in
25the courts of this Commonwealth.
26(4) Prior to the return date specified in the summons,
27the person or entity summoned may, in the court of common
28pleas of the county in which the person or entity conducts
29business or resides, petition for an order modifying or
30setting aside the summons or for a prohibition of disclosure
1ordered by a court under paragraph (7).
2(5) The following shall apply:
3(i) Except as provided under subparagraph (ii), if
4no case or proceeding arises from the production of
5materials under this section within a reasonable time
6after the materials are produced, the agency to which the
7materials were delivered shall, upon written demand made
8by the person producing the materials, return the
9materials to the person.
15(7) Upon application of the Commonwealth, a court of
16common pleas for the jurisdiction in which the investigation
17is taking place may issue an ex parte order that no person or
18entity may disclose to any other person or entity, other than
19to an attorney in order to obtain legal advice, the existence
20of the summons for a period of up to 90 days. The following
22(i) The order may be issued on a showing that the
23materials being sought may be relevant to the
24investigation and there is reason to believe that the
25disclosure may result in any of the following:
28(B) Flight to avoid prosecution.
29(C) Destruction of or tampering with evidence.
30(D) Intimidation of potential witnesses.
5(8) A summons issued under this section may not require
6the production of anything that would be protected from
7production under the standards applicable to a subpoena for
8the production of documents issued by a court.
9(b) Service.--The following shall apply:
15(3) Service may be made upon a domestic or foreign
16corporation or upon a partnership or other unincorporated
17association which is subject to suit under a common name by
18delivering the subpoena to any of the following:
19(i) An officer of the entity.
20(ii) A managing or general agent of the entity.
26(c) Enforcement.--The following shall apply:
5(2) The court may issue an order requiring the
6subpoenaed person to appear before the Attorney General or a
7district attorney to produce records or to give testimony
8concerning the production and authentication of the records.
9A failure to obey the order of the court may be punished by
10the court as contempt of court. All process may be served in
11a judicial district of the Commonwealth in which the person
12may be found.
13(d) Immunity from civil liability.--Notwithstanding any
14State or local law, any person receiving a subpoena under this
15section who complies in good faith with the subpoena and
16produces the records sought shall not be liable in a court of
17this Commonwealth to a subscriber, customer or other person for
18the production or for nondisclosure of that production to the
19subscriber, customer or person.
23"Offense involving the sexual exploitation or abuse of
24children." An offense, including an attempt, conspiracy or
25solicitation involving any of the following, in which a victim
26is an individual who is under the age of 18 years:
27(1) Chapter 29 (relating to kidnapping).
28(2) Chapter 30 (relating to trafficking of persons).
29(3) Chapter 31 (relating to sexual offenses).
30(4) Section 6312 (relating to sexual abuse of children).
5Section 2. This act shall take effect immediately.