Administrative subpoenas.

WORKING DRAFT
2011
STATE OF
WYOMING
11LSO-0451

HOUSE BILL
NO.
HB0187

Administrative s
ubpoenas
.

Sponsored by:
Representative(s) Vranish, Krone and Quarberg

A BILL

for

AN ACT relating to
criminal procedure
;
providing for
issuance of
administrative subpoenas
upon request of a peace officer;
and providing for an effective date.

Be It Enacted by the Legislature of the State of
Wyoming
:

Section 1.

W.S
. 7
‑
2
‑
109
is created to read:

7
‑
2
‑
109
.
Administrative subpoenas.

(a)

The attorney general
or
district attorney is authorized to issue subpoenas if requested by a peace officer pursuant to subsection (c) of this section.

The administrative s
ubpoena process of this section
may be used only to obtain third party information under circumstances where it is clear that the subpoenaed information is not subject to a claim of prote
ction under the fourth, fifth or sixth a
mendment

to
the
United States Constitution
or a similar claim under
a
rticle
1
,
s
ec
tion
s
4 and 6 of the Wyoming
Constitution.

(b)

A
party subpoenaed under this
section
shall be advised by the subpoena that he has a right to challenge the subpoena by motion to quash filed in the appropriate district court named in the subpoena before compliance is required.

(c
)

In any investigation relating to criminal acts, locating missing, exploited or endangered children, or locating a fugitive from justice, a peace officer who has
qualified pursuant to W.S. 9
‑
1
‑
7
01 through 9
‑
1
‑
707
may request

the attorney general or
the
district attorney to subpoena
witnesses,
to
compel the
attendance and testimony of witnesses, or require the production of any records including books, papers, documents and other tangible things that constitute or contain evidence found by the attorney
to be relevant or material to the investigation.
The attendance of witnesses or the production of records may be required from any place
located

or business operating
within the state.

(d)

Witnesses subpoenaed under this section shall be paid the same fees and mileage costs as witnesses in the state district courts.

(e)

If the
attorney general
or the
district attorney

determine
s
that disclosure of the existence of an administrative subpoena
,
the
existence of
information sought
,
or the existence of the investigation under which
the subpoena
is issued would pose a threat of harm to a person or otherwise impede the investigation, the subpoena shall contain language on its face directing that the witness not disclose to any person the existence or service of the subpoena, the information being sought, or the existence of an investigation.

(f)

As used in this section:

(i)

"Attorney general" means the attorney general or a deputy or assistant attorney general;

(ii)

"District attorney" means as defined by W.S. 8
‑
1
‑
102(a)(x)
or a deputy to a district attorney
as defined in this paragraph
.

Section 2.

This act is effective July 1, 2011.

(END)

1
HB0187