Stricken language would be deleted from and underlined language would be added to present law.
Act 550 of the Regular Session
1 State of Arkansas As Engrossed: S2/23/21
2 93rd General Assembly A Bill
3 Regular Session, 2021 SENATE BILL 256
4
5 By: Senator Irvin
6 By: Representative Cavenaugh
7
8 For An Act To Be Entitled
9 AN ACT CONCERNING THE USE OF AN ADMINISTRATIVE
10 SUBPOENA BY THE DIVISION OF ARKANSAS STATE POLICE IN
11 AN INVESTIGATION CONCERNING AN INTERNET CRIME AGAINST
12 A MINOR; AND FOR OTHER PURPOSES.
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14
15 Subtitle
16 CONCERNING THE USE OF AN ADMINISTRATIVE
17 SUBPOENA BY THE DIVISION OF ARKANSAS
18 STATE POLICE IN AN INVESTIGATION
19 CONCERNING AN INTERNET CRIME AGAINST A
20 MINOR.
21
22
23 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
24
25 SECTION 1. Arkansas Code Title 12, Chapter 8, Subchapter 1, is amended
26 to add an additional section to read as follows:
27 12-8-126. Administrative subpoena for internet offenses against minor.
28 (a) The Director of the Division of Arkansas State Police or his or
29 her designee may issue a subpoena requiring the production of any books,
30 papers, correspondence, memoranda, agreements, or other documents or records
31 which the director deems relevant or material to an investigation of internet
32 crimes against a minor if:
33 (1) The subpoena relates to an investigation of an offense that
34 involves the sexual exploitation of a minor; and
35 (2) There is reasonable cause to believe that an internet or
36 electronic service account provided through an electronic communication
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 As Engrossed: S2/23/21 SB256
1 service or remote computing service has been used in the sexual exploitation
2 or attempted sexual exploitation of the minor.
3 (b) A subpoena under this section shall:
4 (1) Describe any objects or items to be produced; and
5 (2) Prescribe a reasonable return date by which those objects or
6 items must be assembled and made available.
7 (c) Except as provided by subsection (d) of this section,
8 a subpoena issued under this section may require the production of any
9 records or other documentation relevant to the investigation including
10 without limitation:
11 (1) A name;
12 (2) An address;
13 (3) A local or long distance telephone connection record,
14 satellite-based internet service provider connection record, or record of
15 session time and duration;
16 (4) The duration of the applicable service, including the start
17 date for the service and the type of service used;
18 (5) A telephone or instrument number or other number used to
19 identify a subscriber, including a temporarily assigned network address; and
20 (6) The source of payment for the service, including a credit
21 card or bank account number.
22 (d) A provider of an electronic communication service or remote
23 computing service may not disclose the following information in response to
24 a subpoena issued under this section:
25 (1) An in-transit electronic communication;
26 (2) An account membership related to an Internet group,
27 newsgroup, mailing list, or specific area of interest;
28 (3) An account password; or
29 (4) Any account content, including without limitation:
30 (A) Any form of electronic mail;
31 (B) An address book, contact list, or buddy list;
32 (C) A financial record;
33 (D) Internet proxy content or internet history; or
34 (E) A file or other digital document stored in the account
35 or as part of the use of the account.
36 (e) A provider of an electronic communication service or remote
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1 computing service shall disclose the information described under subsection
2 (d) of this section if that disclosure is required by court order.
3 (f) A person authorized to serve process under the Arkansas Rules of
4 Civil Procedure may serve a subpoena issued under this section and shall
5 serve the subpoena in accordance with the Arkansas Rules of Civil Procedure.
6 (g) Before the return date specified on a subpoena issued under this
7 section, the person receiving the subpoena may, in an appropriate court
8 located in the county where the subpoena was issued, petition for an order to
9 modify or quash the subpoena or to prohibit disclosure of applicable
10 information by a court.
11 (h) If a criminal case or proceeding does not result from the
12 production of any books, papers, correspondence, memoranda, agreements, or
13 other documents or records under this section within a reasonable period, the
14 director or his or her designee shall, as appropriate:
15 (1) Destroy the any books, papers, correspondence, memoranda,
16 agreements, or other documents or records; or
17 (2) Return the any books, papers, correspondence, memoranda,
18 agreements, or other documents or records to the person who produced the any
19 books, papers, correspondence, memoranda, agreements, or other documents or
20 records.
21
22
23 /s/Irvin
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26 APPROVED: 4/5/21
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