Investigative subpoenas.

WORKING DRAFT
2013
STATE OF
WYOMING
13LSO-0276.E1

HOUSE BILL
NO.
HB0076

Investigative subpoenas.

Sponsored by:
Representative(s) Zwonitzer, Dv. and Brown and Senator(s) Esquibel, F.

A BILL

for

AN ACT relating to
criminal procedure; providing for the issuance of investigative subpoenas for internet fraud;

providing for confidentiality; providing definitions;
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
internet fraud,
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
electronic records or data,
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 subpoena to
a
telecommunication, broadband or internet service provider 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

and shall destroy all copies, including electronic copies
.

(
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)

If a person issued an investigative subpoena under this section asserts a privilege under Wyoming law to the production of the information requested in the investigative subpoena and a process for compulsory production of the information exists in state or federal law, the process for compulsory production shall supersede the provisions for production under this section.

(
j
)

As used in this section
:

(i)

"Internet" means
as
defined in W.S. 9
‑
2
‑
1035(a)(iii);

(ii)

"Internet fraud"
means

any
crime in which the perpetrator
uses the internet in any way
to deprive a person of p
roperty or any interest, estate
or right
;

(i
i
i)

"Peace officer" means as defined in
W.S. 7
‑
2
‑
101(a)(iv)
.

Section 2.

Th
is act is effective July 1, 2013
.

(END)

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HB0076