Investigative subpoenas.

WORKING DRAFT
2012
STATE OF
WYOMING
12LSO-0002.E1

HOUSE BILL
NO.
HB0062

Investigative subpoenas.

Sponsored by:

Representative(s) Vranish, Botten, Brown and Throne and Senator(s) Coe and Hastert

A BILL

for

AN ACT relating to criminal procedure; providing for issuance of investigative subpoenas; and providing for an effective date.

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

Section 1.

W.S. 7
‑
7
‑
201 is created to read:

ARTICLE 2
INVESTIGATIVE SUBPOENAS

7
‑
7
‑
201.

Investigative subpoenas.

(a)

In any investigation relating to locating missing
children
, exploited or endangered
person
s
or locating a fugitive from justice,
or any other emergency circumstances requiring response or investigation to protect a person
from serious bodily injury or death,
a peace officer
, with probable cause,
may apply for an investigative subpoena
as provided in this section to r
equire the production of any records including books, papers, documents and other tangible things that constitute or contain evidence relevant and
material to the investigation.
Copies may be provided unless originals are specified.

(b)

An investigative subpoena may be issued under this section by a
ny
district judge, district court commissioner, circuit judge or magistrate
authorized pursuant to W.S. 5
‑
9
‑
208(a), (b) or (c)(xv) or 5
‑
9
‑
212(a)(ix).

(c)

The issuance of any investigative subpoenas to telecommunications, broadband or internet service providers shall be in compliance with 47 U.S.C. 222, 47 U.S.C. 551, 18 U.S.C. 2510-2522, 18 U.S.C. 2701-2712 and other applicable federal law.

(d)

An investigative subpoena shall describe the objects required, the reason the information is needed and when the information should be provided, not to exceed fourteen (14) days from the date of issuance of the
subpoena within which the objects shall be assembled and made available. The court may extend the time period for good cause shown. At any time before the return date specified on the subpoena, the person subpoenaed may petition the issuing court to set aside or modify the subpoena. A person subpoenaed under this section shall be advised by the subpoena that he has a right to challenge the subpoena.

(e)

The reasonable costs of production shall be borne by the party who applied for the subpoena.

(f
)

If no case or proceeding arises from the production of records or other documentation pursuant to this section within one (1) year after those records or documentation are produced, the custodian of the records
shall
return the records and documentation to the person who produced them.

(
g
)

Records or data reported or obtained pursuant to a subpoena under this section shall remain confidential and shall not be further disclosed unless in connection with a criminal case related to the subpoenaed materials.

(
h
)

As used in this section
"p
eace o
fficer" means
as defined in
W.S. 7
‑
2
‑
101(a)(iv)
.

Section 2.

This act is effective July 1, 2012.

(END)

1
HB0062