PRIOR PRINTER'S NOS. 79, 1221, 1392,
PRINTER'S NO. 4253
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, IN SENATE, OCTOBER 6, 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
2subpoena, the person or entity <-summoned subpoenaed may, in
3the court of common pleas of the county in which the person
4or entity conducts business or resides, petition for an order
5modifying or setting aside the <-summons subpoena or for a
6prohibition of disclosure ordered by a court under paragraph
8(5) The following shall apply:
9(i) Except as provided under subparagraph (ii), if
10no case or proceeding arises from the production of
11materials under this section within a reasonable time
12after the materials are produced, the agency to which the
13materials were delivered shall, upon written demand made
14by the person producing the materials, return the
15materials to the person.
20(7) <-Upon application of the Commonwealth, a court of
21common pleas for the jurisdiction in which the investigation
22is taking place may issue an ex parte order that <-Without
23court approval, no person or entity may disclose to any other
24person or entity, other than to an attorney in order to
25obtain legal advice, the existence of the <-summons subpoena
26for a period of up to 90 days. <-The following shall apply:
27(i) The order may be issued on a showing that the
28materials being sought may be relevant to the
29investigation and there is reason to believe that the
30disclosure may result in any of the following:
3(B) Flight to avoid prosecution.
4(C) Destruction of or tampering with evidence.
5(D) Intimidation of potential witnesses.
10(8) A <-summons subpoena issued under this section may not
11require the production of anything that would be protected
12from production under the standards applicable to a subpoena
13for the production of documents issued by a court.
14(b) Service.--The following shall apply:
20(3) Service may be made upon a domestic or foreign
21corporation or upon a partnership or other unincorporated
22association which is subject to suit under a common name by
23delivering the subpoena to any of the following:
24(i) An officer of the entity.
25(ii) A managing or general agent of the entity.
1(c) Enforcement.--The following shall apply:
10(2) The court may issue an order requiring the
11subpoenaed person to appear before the Attorney General or a
12district attorney, <-or a designee to produce records or to
13give testimony concerning the production and authentication
14of the records. A failure to obey the order of the court may
15be punished by the court as contempt of court. All process
16may be served in a judicial district of the Commonwealth in
17which the person may be found.
18(d) Immunity from civil liability.--Notwithstanding any
19State or local law, any person receiving a subpoena under this
20section who complies in good faith with the subpoena and
21produces the records sought shall not be liable in a court of
22this Commonwealth to a subscriber, customer or other person for
23the production or for <-the nondisclosure of that production to
24the subscriber, customer or person.
27(1) On or before April 1 following the effective date of
28this section and annually thereafter, including the year
29following the expiration of this section, the Attorney
30General shall make a report on the operation of this section
1to the Judiciary Committee of the Senate and the Judiciary
2Committee of the House of Representatives. The reports by the
3Attorney General shall contain the following information for
4the previous calendar year:
5(i) The number of administrative subpoenas issued.
16(2) On or before March 1 following the effective date of
17this section and annually thereafter, including the year
18following the expiration of this section, each district
19attorney shall provide to the Attorney General all of the
20information under paragraph (1) with respect to all
21administrative subpoenas issued by that district attorney on
22forms prescribed by the Attorney General.
1is an individual who is under the age of 18 years:
2(1) Chapter 29 (relating to kidnapping).
5(3) Chapter 31 (relating to sexual offenses).
6(4) Section 6312 (relating to sexual abuse of children).
13§ 5747. Civil action.
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19(2) damages under subsection (c); and
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