ADMINISTRATIVE SUBPOENAS – Amends existing law to revise a provision regarding an administrative subpoena.

LEGISLATURE
OF
THE
STATE
OF
IDAHO
Sixty-eighth
Legislature
Second
Regular
Session
-
2026
IN
THE
HOUSE
OF
REPRESENTATIVES
HOUSE
BILL
NO.
689
BY
JUDICIARY,
RULES
AND
ADMINISTRATION
COMMITTEE
AN
ACT
1
RELATING
TO
ADMINISTRATIVE
SUBPOENAS;
AMENDING
SECTION
19
-
3004A,
IDAHO
2
CODE,
TO
REVISE
A
PROVISION
REGARDING
AN
ADMINISTRATIVE
SUBPOENA;
AND
3
DECLARING
AN
EMERGENCY
AND
PROVIDING
AN
EFFECTIVE
DATE.
4
Be
It
Enacted
by
the
Legislature
of
the
State
of
Idaho:
5
SECTION
1.
That
Section
19
-
3004A,
Idaho
Code,
be,
and
the
same
is
hereby
6
amended
to
read
as
follows:
7
19
-
3004A.
ADMINISTRATIVE
SUBPOENA
-
-
ELECTRONIC
COMMUNICATION
AND
8
REMOTE
COMPUTING
SERVICES.
(1)
A
provider
of
an
electronic
communication
9
service
or
remote
computing
service
that
is
transacting
or
has
transacted
10
any
business
in
the
state
shall
disclose
the
following
to
a
prosecuting
at
-
1
1
torney
or
the
attorney
general
pursuant
to
an
administrative
subpoena
issued
12
by
the
prosecuting
attorney
or
attorney
general:
13
(a)
Records
and
information
in
its
possession
containing
the
name,
ad
-
14
dress,
local
and
long
distance
telephone
connection
records,
or
records
15
of
session
times
and
durations,
length
of
service,
including
the
start
16
date;
and
17
(b)
Records
and
information
in
its
possession
containing
the
types
of
18
service
utilized,
telephone
or
instrument
number
or
other
subscriber
19
number
or
identity,
including
any
temporarily
assigned
network
ad
-
20
dress;
and
21
(c)
Records
and
information
in
its
possession
relating
to
the
means
and
22
source
of
payment
for
such
service
pertaining
to
a
subscriber
to
or
cus
-
23
tomer
of
such
service.
24
The
provider
of
an
electronic
communication
service
or
remote
computing
25
service
shall
deliver
the
records
to
the
prosecuting
attorney
or
attorney
26
general
within
fourteen
(14)
days
of
receipt
of
the
subpoena.
27
(2)
For
the
purpose
of
this
section,
the
following
definitions
shall
28
apply:
29
(a)
"Electronic
communication
service"
has
the
same
meaning
as
pro
-
30
vided
in
section
18
-
6701(13),
Idaho
Code.
31
(b)
"Remote
computing
service"
means
the
provision
to
the
public
of
32
computer
storage
or
processing
service
by
means
of
an
electronic
commu
-
33
nications
system
as
defined
in
section
18
-
6701(12),
Idaho
Code.
34
(3)
In
order
to
obtain
the
records
or
information,
the
prosecuting
35
attorney
or
attorney
general
shall
certify
on
the
face
of
the
subpoena
that
36
there
is
reason
to
believe
that
the
records
or
information
being
sought
are
37
relevant
to
a
legitimate
law
enforcement
investigation
concerning
a
viola
-
38
tion
of
section
18
-
1505B,
18
-
1506,
18
-
1506A,
18
-
1507,
18
-
1507C,
18
-
1508,
39
18
-
1508A,
18
-
1509,
18
-
1509A,
18
-
1515,
18
-
2202,
or
18
-
6605,
Idaho
Code.
40
(4)
No
subpoena
issued
pursuant
to
this
section
shall
demand
records
41
that
disclose
the
content
of
electronic
communications
or
subscriber
42

2
account
records
disclosing
internet
locations
which
have
been
accessed
in
-
1
cluding,
but
not
limited
to,
websites,
chat
channels
and
news
groups,
but
2
excluding
servers
used
to
initially
access
the
internet.
No
recipient
of
a
3
subpoena
issued
pursuant
to
this
section
shall
provide
any
such
content
or
4
records
accessed,
in
response
to
the
subpoena.
5
(5)
On
a
motion
made
by
the
electronic
communication
service
or
remote
6
computing
service
provider
prior
to
the
time
for
appearance
or
the
produc
-
7
tion
of
documents
under
the
subpoena
issued
pursuant
to
this
section,
a
court
8
of
competent
jurisdiction
may
quash
or
modify
the
administrative
subpoena
if
9
the
provider
establishes
that
the
records
or
other
information
requested
are
10
unusually
voluminous
in
nature
or
if
compliance
with
the
subpoena
would
oth
-
1
1
erwise
cause
an
undue
burden
on
the
service
provider.
12
(6)
No
cause
of
action
shall
lie
in
any
court
against
an
electronic
13
communication
service
or
remote
computing
service
provider,
its
officers,
14
employees,
agents
or
other
specified
persons
for
providing
information,
15
facilities
or
assistance
in
accordance
with
the
terms
of
an
administrative
16
subpoena
issued
under
this
section.
17
(7)
A
person
who
is
subpoenaed
under
this
section
and
who
fails
to
ap
-
18
pear
or
produce
materials
as
required
by
the
subpoena,
or
who
refuses
to
be
19
sworn
or
give
testimony,
may
be
found
to
be
in
contempt
of
court.
Proceed
-
20
ings
to
hold
a
person
in
contempt
under
this
subsection
may
be
brought
in
the
21
county
where
the
subpoena
was
issued.
22
(8)
Nothing
in
this
section
shall
limit
the
right
of
a
prosecuting
at
-
23
torney
or
the
attorney
general
to
otherwise
obtain
records
or
information
24
from
a
provider
of
electronic
communication
service
or
remote
computing
ser
-
25
vice
pursuant
to
a
search
warrant,
a
court
order
or
a
grand
jury
or
trial
sub
-
26
poena.
27
SECTION
2.
An
emergency
existing
therefor,
which
emergency
is
hereby
28
declared
to
exist,
this
act
shall
be
in
full
force
and
effect
on
and
after
29
July
1,
2026.
30