1Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2Consolidated Statutes, providing for administrative subpoena;
3and further providing for civil action.

4The General Assembly of the Commonwealth of Pennsylvania
5hereby enacts as follows:

6Section 1. Title 18 of the Pennsylvania Consolidated
7Statutes is amended by adding a section to read:

8§ 5743.1. Administrative subpoena.

9(a) Authorization.--

10(1) In an investigation of or relating to an offense
11involving the sexual exploitation or abuse of children, the
12following shall apply:

13(i) The following may issue in writing and cause to
14be served a subpoena requiring the production and
15testimony under subparagraph (ii):

16(A) The Attorney General.

1(B) A deputy attorney general designated in
2writing by the Attorney General.

3(C) A district attorney.

4(D) An assistant district attorney designated in
5writing by a district attorney.

6(ii) A subpoena issued under subparagraph (i) may be
7issued to a provider of electronic communication service
8or remote computing service:

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

16(B) requiring a custodian of the records of the
17provider to give testimony or affidavit concerning
18the production and authentication of the records 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.

28(4) Prior to the return date specified in the summons,
29the person or entity summoned may, in the court of common
30pleas of the county in which the person or entity conducts

1business or resides, petition for an order modifying or
2setting aside the summons or for a prohibition of disclosure
3ordered by a court under paragraph (7).

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.

12(ii) This paragraph shall not apply if the
13production required was of copies rather than originals.

14(6) A subpoena issued under paragraph <-(1)(i) (1) may
15require production as soon as possible<-, but not less than 24
16hours after service of the subpoena.

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
23shall apply:

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:

28(A) Endangerment to the life or physical safety
29of any person.

30(B) Flight to avoid prosecution.

1(C) Destruction of or tampering with evidence.

2(D) Intimidation of potential witnesses.

3(ii) An order under this paragraph may be renewed
4for additional periods of up to 90 days upon a showing
5that the circumstances under subparagraph (i) continue to

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:

12(1) A subpoena issued under this section may be served
13by any person who is at least 18 years of age and is
14designated in the subpoena to serve it.

15(2) Service upon a natural person may be made by
16personal delivery of the subpoena to him.

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.

23(iii) An agent authorized by appointment or by law
24to receive service of process in this Commonwealth.

25(4) The affidavit of the person serving the subpoena
26entered on a true copy of the subpoena by the person serving
27it shall be proof of service.

28(c) Enforcement.--The following shall apply:

29(1) The Attorney General or a district attorney may
30invoke the aid of a court of common pleas within the

1following jurisdictions to compel compliance with the

3(i) The jurisdiction in which the investigation is
4carried on.

5(ii) The jurisdiction in which the subpoenaed person
6resides, conducts business or may be found.

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.

22(e) Annual reports and records of Attorney General and
23district attorneys.--The following shall apply:

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.

3(ii) The number of investigations for which an
4administrative subpoena was issued.

5(iii) The number of court orders issued under
6subsections (a)(4) and (7) and (c)(2).

7(iv) The number of arrests made and the type of
8charge filed in cases in which an administrative subpoena
9was issued.

10(v) The number of cases in which an administrative
11subpoena was issued and in which no arrests or
12prosecutions resulted.

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.

20(f) Expiration.--This section shall expire December 31,

22(g) Definitions.--As used in this section, the following
23words and phrases shall have the meanings given to them in this

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).

3(5) Section 6318 (relating to unlawful contact with

5(6) Section 6320 (relating to sexual exploitation of

7Section 1.1. Section 5747(b) of Title 18 is amended to read:

8§ 5747. Civil action.

9* * *

10(b) Relief.--In a civil action under this section,
11appropriate relief [includes] shall include:

12(1) such preliminary and other equitable or declaratory
13relief as may be appropriate;

14(2) damages under subsection (c); and

15(3) reasonable attorney fees and other litigation costs
16reasonably incurred.

17* * *

18Section 2. This act shall take effect immediately.