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H.B. 59
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8 LONG TITLE
9 Committee Note:
10 The Law Enforcement and Criminal Justice Interim Committee recommended this bill.
11 General Description:
12 This bill modifies the Criminal Code to allow investigative subpoenas of Internet
13 service providers in the investigation of sexual offenses against minors.
14 Highlighted Provisions:
15 This bill:
16 . allows prosecutors to issue subpoenas for information regarding the Internet
17 information related to the investigation of a sexual offense against a minor;
18 . specifies the information that can be subpoenaed;
19 . allows the provider to charge a reasonable fee for providing the information; and
20 . provides definitions.
21 Monies Appropriated in this Bill:
22 None
23 Other Special Clauses:
24 This bill provides an immediate effective date.
25 Utah Code Sections Affected:
26 ENACTS:
27 77-22-2.5, Utah Code Annotated 1953
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29 Be it enacted by the Legislature of the state of Utah:
30 Section 1. Section 77-22-2.5 is enacted to read:
31 77-22-2.5. Subpoenas for investigation of Internet sexual offenses against minors.
32 (1) As used in this section:
33 (a) "Internet service provider" has the same definition as in Section 76-10-1230 .
34 (b) "Prosecutor" has the same definition as in Section 77-22-2 .
35 (c) "Sexual offense against a minor" means sexual exploitation of a minor as defined in
36 Section 76-5a-3 , attempted sexual exploitation of a minor, or a sexual offense or attempted
37 sexual offense committed against a minor in violation of Title 76, Chapter 5, Part 4, Sexual
38 Offenses.
39 (2) When a prosecutorial agency is investigating a sexual offense against a minor and
40 has reasonable cause to believe that an Internet protocol address has been used in the
41 commission of the offense, the prosecutor may issue a subpoena requiring the production of the
42 following information upon providing in the subpoena the Internet service provider's address
43 and a date and time the address was used by the account holder:
44 (a) the existence of an account related to the Internet protocol address on the specified
45 date and time;
46 (b) the opening and closing dates of the account;
47 (c) the name under which the account is held;
48 (d) the name, address, and telephone number of the account holder;
49 (e) any other Internet protocol addresses used by the account holder within the past 90
50 days;
51 (f) any electronic mail addresses used by the account holder; and
52 (g) the status of the account concerning any unpaid billing or inactivity.
53 (3) A subpoena issued under this section shall state that the Internet service provider
54 shall produce any records under Subsection (2) that are reasonably relevant to the investigation
55 of a sexual offense against a minor.
56 (4) An Internet service provider that provides information in response to a subpoena
57 issued under Subsection (3) may charge a fee for providing the information, but not to exceed
58 the actual cost for providing the information.
59 (5) The Internet service provider producing the records may not disclose the subpoena
60 to the subscriber.
61 (6) (a) Every prosecutorial agency that has issued any subpoenas under this section
62 shall prepare a written report at the end of each fiscal year listing the number of administrative
63 subpoenas issued.
64 (b) The report shall be submitted to the Utah Commission on Criminal and Juvenile
65 Justice.
66 Section 2. Effective date.
67 If approved by two-thirds of all the members elected to each house, this bill takes effect
68 upon approval by the governor, or the day following the constitutional time limit of Utah
69 Constitution Article VII, Section 8, without the governor's signature, or in the case of a veto,
70 the date of veto override.
Legislative Review Note
as of 11-20-08 8:49 AM