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

3The General Assembly of the Commonwealth of Pennsylvania
4hereby enacts as follows:

5Section 1.  Title 18 of the Pennsylvania Consolidated
6Statutes is amended by adding a section to read:

7§ 5743.1.  Administrative subpoena.

8(a)  Authorization.--

9(1)  In an investigation of or relating to an offense
10involving the sexual exploitation or abuse of children, the
11following shall apply:

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

15(A)  The Attorney General.

16(B)  A deputy attorney general designated in
17writing by the Attorney General.

1(C)  A district attorney.

2(D)  An assistant district attorney designated in
3writing by a district attorney.

4(ii)  A subpoena issued under subparagraph (i) may be
5issued to a provider of electronic communication service
6or remote computing service:

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

14(B)  requiring a custodian of the records of the
15provider to give testimony or affidavit concerning
16the production and authentication of the records or
17information.

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.

10(ii)  This paragraph shall not apply if the
11production required was of copies rather than originals.

12(6)  A subpoena issued under paragraph (1)(i) may require
13production as soon as possible, but not less than 24 hours
14after service of the subpoena.

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
21shall apply:

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:

26(A)  Endangerment to the life or physical safety
27of any person.

28(B)  Flight to avoid prosecution.

29(C)  Destruction of or tampering with evidence.

30(D)  Intimidation of potential witnesses.

1(ii)  An order under this paragraph may be renewed
2for additional periods of up to 90 days upon a showing
3that the circumstances under subparagraph (i) continue to
4exist.

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:

10(1)  A subpoena issued under this section may be served
11by any person who is at least 18 years of age and is
12designated in the subpoena to serve it.

13(2)  Service upon a natural person may be made by
14personal delivery of the subpoena to him.

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.

21(iii)  An agent authorized by appointment or by law
22to receive service of process in this Commonwealth.

23(4)  The affidavit of the person serving the subpoena
24entered on a true copy of the subpoena by the person serving
25it shall be proof of service.

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

27(1)  The Attorney General or a district attorney may
28invoke the aid of a court of common pleas within the
29following jurisdictions to compel compliance with the
30subpoena:

1(i)  The jurisdiction in which the investigation is
2carried on.

3(ii)  The jurisdiction in which the subpoenaed person
4resides, conducts business or may be found.

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.

20(e)  Definitions.--As used in this section, the following
21words and phrases shall have the meanings given to them in this
22subsection:

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).

1(5)  Section 6318 (relating to unlawful contact with
2minor).

3(6)  Section 6320 (relating to sexual exploitation of
4children).

5Section 2.  This act shall take effect immediately.