PRIOR PRINTER'S NOS. 79, 1221, 1392
PRINTER'S NO. 4175
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
SENATOR GREENLEAF, JUDICIARY, IN SENATE, AS AMENDED, SEPTEMBER 23, 2014
1Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2Consolidated Statutes, <-in wiretapping and electronic
3surveillance, providing for administrative subpoena; and
4further providing for civil action.
9§ 5743.1. Administrative subpoena.
11(1) In an <-investigation of or relating to ongoing
12investigation that monitors or utilizes online services or
13other means of electronic communication to identify
14individuals engaged in an offense involving the sexual
15exploitation or abuse of children, the following shall apply:
16(i) The following may issue in writing and cause to
3(A) The Attorney General.
6(C) A district attorney.
12(A) requiring disclosure under section 5743(c)
13(2) (relating to requirements for governmental
14access) of a subscriber or customer's name, address,
15telephone or instrument number or other subscriber
16number or identity, including any temporarily
17assigned network address, which may be relevant to an
18authorized law enforcement inquiry; or
23(2) A subpoena under this section shall describe the
24information required to be produced and prescribe a return
25date within a reasonable period of time within which the
26information can be assembled and made available.
27(3) If summoned to appear under paragraph (1)(ii)(B), a
28custodian of records subpoenaed under this section shall be
29paid the same fees and mileage that are paid to witnesses in
30the courts of this Commonwealth.
1(4) Prior to the return date specified in the summons,
2the person or entity summoned may, in the court of common
3pleas of the county in which the person or entity conducts
4business or resides, petition for an order modifying or
5setting aside the summons or for a prohibition of disclosure
6ordered by a court under paragraph (7).
7(5) The following shall apply:
8(i) Except as provided under subparagraph (ii), if
9no case or proceeding arises from the production of
10materials under this section within a reasonable time
11after the materials are produced, the agency to which the
12materials were delivered shall, upon written demand made
13by the person producing the materials, return the
14materials to the person.
19(7) <-Upon application of the Commonwealth, a court of
20common pleas for the jurisdiction in which the investigation
21is taking place may issue an ex parte order that <-Without
22court approval, no person or entity may disclose to any other
23person or entity, other than to an attorney in order to
24obtain legal advice, the existence of the summons for a
25period of up to 90 days. <-The following shall apply:
26(i) The order may be issued on a showing that the
27materials being sought may be relevant to the
28investigation and there is reason to believe that the
29disclosure may result in any of the following:
30(A) Endangerment to the life or physical safety
1of any person.
2(B) Flight to avoid prosecution.
3(C) Destruction of or tampering with evidence.
4(D) Intimidation of potential witnesses.
9(8) A summons issued under this section may not require
10the production of anything that would be protected from
11production under the standards applicable to a subpoena for
12the production of documents issued by a court.
13(b) Service.--The following shall apply:
19(3) Service may be made upon a domestic or foreign
20corporation or upon a partnership or other unincorporated
21association which is subject to suit under a common name by
22delivering the subpoena to any of the following:
23(i) An officer of the entity.
24(ii) A managing or general agent of the entity.
30(c) Enforcement.--The following shall apply:
9(2) The court may issue an order requiring the
10subpoenaed person to appear before the Attorney General or a
11district attorney to produce records or to give testimony
12concerning the production and authentication of the records.
13A failure to obey the order of the court may be punished by
14the court as contempt of court. All process may be served in
15a judicial district of the Commonwealth in which the person
16may be found.
17(d) Immunity from civil liability.--Notwithstanding any
18State or local law, any person receiving a subpoena under this
19section who complies in good faith with the subpoena and
20produces the records sought shall not be liable in a court of
21this Commonwealth to a subscriber, customer or other person for
22the production or for nondisclosure of that production to the
23subscriber, customer or person.
26(1) On or before April 1 following the effective date of
27this section and annually thereafter, including the year
28following the expiration of this section, the Attorney
29General shall make a report on the operation of this section
30to the Judiciary Committee of the Senate and the Judiciary
4(i) The number of administrative subpoenas issued.
15(2) On or before March 1 following the effective date of
16this section and annually thereafter, including the year
17following the expiration of this section, each district
18attorney shall provide to the Attorney General all of the
19information under paragraph (1) with respect to all
20administrative subpoenas issued by that district attorney on
21forms prescribed by the Attorney General.
27"Offense involving the sexual exploitation or abuse of
28children." An offense, including an attempt, conspiracy or
29solicitation involving any of the following, in which a victim
30is an individual who is under the age of 18 years:
1(1) Chapter 29 (relating to kidnapping).
4(3) Chapter 31 (relating to sexual offenses).
5(4) Section 6312 (relating to sexual abuse of children).
12§ 5747. Civil action.
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18(2) damages under subsection (c); and
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