PRIOR PRINTER'S NOS. 79, 1221
PRINTER'S NO. 1392
THE GENERAL ASSEMBLY OF PENNSYLVANIA
INTRODUCED BY SACCONE, DUNBAR, GINGRICH, BOBACK, SAYLOR, SWANGER, STEPHENS, BAKER, BIZZARRO, BENNINGHOFF, COHEN, PETRI, MARSICO, ROCK, C. HARRIS, HESS, WATSON, GRELL, MURT, CALTAGIRONE, HACKETT, NEILSON, DEASY, DAVIS, ENGLISH AND KORTZ, JANUARY 14, 2013
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES, APRIL 8, 2013
8§ 5743.1. Administrative subpoena.
16(A) The Attorney General.
3(C) A district attorney.
9(A) requiring disclosure under section 5743(c)
10(2) (relating to requirements for governmental
11access) of a subscriber or customer's name, address,
12telephone or instrument number or other subscriber
13number or identity, including any temporarily
14assigned network address, which may be relevant to an
15authorized law enforcement inquiry; or
20(2) A subpoena under this section shall describe the
21information required to be produced and prescribe a return
22date within a reasonable period of time within which the
23information can be assembled and made available.
24(3) If summoned to appear under paragraph (1)(ii)(B), a
25custodian of records subpoenaed under this section shall be
26paid the same fees and mileage that are paid to witnesses in
27the courts of this Commonwealth.
4(5) The following shall apply:
5(i) Except as provided under subparagraph (ii), if
6no case or proceeding arises from the production of
7materials under this section within a reasonable time
8after the materials are produced, the agency to which the
9materials were delivered shall, upon written demand made
10by the person producing the materials, return the
11materials to the person.
17(7) Upon application of the Commonwealth, a court of
18common pleas for the jurisdiction in which the investigation
19is taking place may issue an ex parte order that no person or
20entity may disclose to any other person or entity, other than
21to an attorney in order to obtain legal advice, the existence
22of the summons for a period of up to 90 days. The following
24(i) The order may be issued on a showing that the
25materials being sought may be relevant to the
26investigation and there is reason to believe that the
27disclosure may result in any of the following:
30(B) Flight to avoid prosecution.
1(C) Destruction of or tampering with evidence.
2(D) Intimidation of potential witnesses.
7(8) A summons issued under this section may not require
8the production of anything that would be protected from
9production under the standards applicable to a subpoena for
10the production of documents issued by a court.
11(b) Service.--The following shall apply:
17(3) Service may be made upon a domestic or foreign
18corporation or upon a partnership or other unincorporated
19association which is subject to suit under a common name by
20delivering the subpoena to any of the following:
21(i) An officer of the entity.
22(ii) A managing or general agent of the entity.
28(c) Enforcement.--The following shall apply:
7(2) The court may issue an order requiring the
8subpoenaed person to appear before the Attorney General or a
9district attorney to produce records or to give testimony
10concerning the production and authentication of the records.
11A failure to obey the order of the court may be punished by
12the court as contempt of court. All process may be served in
13a judicial district of the Commonwealth in which the person
14may be found.
15(d) Immunity from civil liability.--Notwithstanding any
16State or local law, any person receiving a subpoena under this
17section who complies in good faith with the subpoena and
18produces the records sought shall not be liable in a court of
19this Commonwealth to a subscriber, customer or other person for
20the production or for nondisclosure of that production to the
21subscriber, customer or person.
24(1) On or before April 1 following the effective date of
25this section and annually thereafter, including the year
26following the expiration of this section, the Attorney
27General shall make a report on the operation of this section
28to the Judiciary Committee of the Senate and the Judiciary
29Committee of the House of Representatives. The reports by the
30Attorney General shall contain the following information for
1the previous calendar year:
2(i) The number of administrative subpoenas issued.
13(2) On or before March 1 following the effective date of
14this section and annually thereafter, including the year
15following the expiration of this section, each district
16attorney shall provide to the Attorney General all of the
17information under paragraph (1) with respect to all
18administrative subpoenas issued by that district attorney on
19forms prescribed by the Attorney General.
25"Offense involving the sexual exploitation or abuse of
26children." An offense, including an attempt, conspiracy or
27solicitation involving any of the following, in which a victim
28is an individual who is under the age of 18 years:
29(1) Chapter 29 (relating to kidnapping).
30(2) Chapter 30 (relating to trafficking of persons).
1(3) Chapter 31 (relating to sexual offenses).
2(4) Section 6312 (relating to sexual abuse of children).
7Section 1.1. Section 5747(b) of Title 18 is amended to read:
8§ 5747. Civil action.
9* * *
14(2) damages under subsection (c); and
17* * *
18Section 2. This act shall take effect immediately.