Investigative subpoenas.

2015
STATE OF WYOMING
15LSO-0236
Numbered
2.1

HOUSE BILL

NO.
HB0028

Investigative subpoenas.

Sponsored by:
Representative(s) Zwonitzer, Dv., Brown and Pownall and Senator(s) Hicks

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 to believe that an
i
nternet fraud has been committed, may apply for an investigative subpoena as provided in this section to require the production of any records including electronic records or data, books, papers, documents
or
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 any 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
i
nternet service provider shall be in compliance with 47 U.S.C. 222, 47 U.S.C. 551,
the Electronics Communications Privacy Act,
18 U.S.C. 2510
et seq.
,
the Stored Communications Act, 18 U.S.C. 2701 et seq.,
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 the use of the
i
nternet to commit an offense specified in W.S. 6
‑
3
‑
501 through 6
‑
3
‑
902;

(iii)

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

Section
2
.

This
act is effective July 1,
2015
.

(END)

1
HB0028