2020 -- H 7324 | |
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LC003978 | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2020 | |
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A N A C T | |
RELATING COURTS AND CIVIL PROCEDURE - PROCEDURE GENERALLY - | |
WITNESSES | |
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Introduced By: Representatives Knight, Shanley, Newberry, Blazejewski, and | |
Date Introduced: January 29, 2020 | |
Referred To: House Judiciary | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Chapter 9-17 of the General Laws entitled "Witnesses" is hereby amended |
2 | by adding thereto the following section: |
3 | 9-17-5.2. Subpoena for production of documentary evidence from social media and |
4 | Internet sites. |
5 | (a) Definitions. As used in this section the following terms shall have the following |
6 | meanings: |
7 | (1) "Internet" means, collectively, the myriad of computer and telecommunications |
8 | facilities, including equipment and operating software, that comprise the interconnected |
9 | worldwide network of networks that employ the transmission control protocol or Internet |
10 | protocol, or any predecessor or successor protocols to such protocol, to communicate information |
11 | of all kinds by wire or radio. |
12 | (2) "Social media" means any cell phone- or internet-based tools and applications that are |
13 | used to share and distribute information. |
14 | (b) Upon a motion by defense counsel in a criminal case, the court, upon finding of good |
15 | cause, shall order the department of attorney general and/or the investigating police department, |
16 | or the lead law enforcement agency involved in any investigation if more than one, to issue a |
17 | subpoena or subpoenas to any social media site or Internet-based company, for all records, posts, |
18 | submissions, statements, photographs of any person who is a witness or a potential witness in any |
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1 | criminal proceeding. Said subpoena shall be returnable to the issuing court and all documents, |
2 | books, papers or any other tangible or thing contained in the response shall be reviewed in camera |
3 | by the court. If the court finds that the returned records are relevant to the matter before the court, |
4 | it shall provide defendant’s counsel the records in furtherance of its investigation. |
5 | (c) When any subpoena under this section for the production of books, papers, |
6 | documents, or tangible things is served on any social media or Internet site, it shall be deemed a |
7 | sufficient response to the subpoena if the employee of the entity charged with the responsibility |
8 | of being custodian of the original records promptly provides the attorney for the party causing |
9 | service of the subpoena copies of all documents requested by the subpoena. All responses to the |
10 | subpoena shall contain a certificate which shall be signed before a notary public by the employee |
11 | of the entity charged with the responsibility of being custodian of the records and shall include a |
12 | legend substantially to the following effect: "The copies of records for which this certification is |
13 | made are true and complete reproductions of the original or microfilmed records which are in the |
14 | possession of (name of entity). This certification is given pursuant to Rhode Island general laws § |
15 | 9-17-5.2 by the custodian of the records in lieu of his or her personal appearance." |
16 | (d) Documents or records of any social media or Internet site that are susceptible to |
17 | photostatic reproduction may be proved as to foundation, identity, and authenticity without any |
18 | preliminary testimony, by use of legible and durable copies, certified in the manner provided in |
19 | subsection (c) of this section by the employee of the entity charged with the responsibility of |
20 | being custodian of the originals thereof. The copies may be used in any trial, hearing, deposition, |
21 | or any other judicial or administrative action or proceeding, whether civil or criminal, in lieu of |
22 | the original documents or records which, however, the entity shall hold available for inspection |
23 | and comparison by the court, tribunal, or hearing officer and by the parties and their attorneys of |
24 | record. |
25 | (e) In the event any of the entities are unable to provide the documents requested in the |
26 | subpoena due to the timeliness of the service of the subpoena or for other legal reasons, then the |
27 | employee charged with the responsibility of being custodian of the records for the entity shall set |
28 | forth in the certificate required hereunder the specific reasons for the noncompliance, the time of |
29 | service of the subpoena, and if appropriate the time anticipated in complying with the subpoena. |
30 | SECTION 2. Chapter 12-5 of the General Laws entitled "Search Warrants" is hereby |
31 | amended by adding thereto the following section: |
32 | 12-5-11. Search warrant for production of documentary evidence from social media |
33 | and Internet sites. |
34 | (a) Definitions. As used in this section the following terms shall have the following |
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1 | meanings: |
2 | (1) "Internet" means, collectively, the myriad of computer and telecommunications |
3 | facilities, including equipment and operating software, that comprise the interconnected |
4 | worldwide network of networks that employ the transmission control protocol or Internet |
5 | protocol, or any predecessor or successor protocols to such protocol, to communicate information |
6 | of all kinds by wire or radio. |
7 | (2) "Social media" means any cell phone- or internet-based tools and applications that are |
8 | used to share and distribute information. |
9 | (b) Upon a motion by defense counsel in a criminal case, the court, upon finding of good |
10 | cause, shall order the department of attorney general and/or the investigating police department, |
11 | or the lead law enforcement agency involved in any investigation if more than one, to apply for a |
12 | search warrant commanding any social media site or Internet-based company, to produce all |
13 | records, posts, submissions, statements, photographs of any person who is witness or a potential |
14 | witness in any criminal proceeding. Said search warrant shall be returnable to the issuing court |
15 | and all documents, books, papers or any other tangible or thing contained in the response shall be |
16 | reviewed in camera by the court. If the court finds that the returned records are relevant to the |
17 | matter before the court, it shall provide defendant’s counsel the records in furtherance of its |
18 | investigation. |
19 | (c) When any search warrant under this section for the production of books, papers, |
20 | documents, or tangible things is served on any social media or Internet site, it shall be deemed a |
21 | sufficient response to the search warrant if the employee of the entity charged with the |
22 | responsibility of being custodian of the original records promptly provides the attorney for the |
23 | party causing service of the search warrant copies of all documents requested by the warrant. All |
24 | responses to the warrant shall contain a certificate which shall be signed before a notary public by |
25 | the employee of the entity charged with the responsibility of being custodian of the records and |
26 | shall include a legend substantially to the following effect: "The copies of records for which this |
27 | certification is made are true and complete reproductions of the original or microfilmed records |
28 | which are in the possession of (name of entity). This certification is given pursuant to Rhode |
29 | Island general laws § 12-5-11 by the custodian of the records in lieu of his or her personal |
30 | appearance." |
31 | (d) Documents or records of any social media or internet site that are susceptible to |
32 | photostatic reproduction may be proved as to foundation, identity, and authenticity without any |
33 | preliminary testimony, by use of legible and durable copies, certified in the manner provided in |
34 | subsection (c) of this section by the employee of the entity charged with the responsibility of |
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1 | being custodian of the originals thereof. The copies may be used in any trial, hearing, deposition, |
2 | or any other judicial or administrative action or proceeding, whether civil or criminal, in lieu of |
3 | the original documents or records which, however, the entity shall hold available for inspection |
4 | and comparison by the court, tribunal, or hearing officer and by the parties and their attorneys of |
5 | record. |
6 | (e) In the event any of the entities are unable to provide the documents requested in the |
7 | warrant due to the timeliness of the service of the warrant or for other legal reasons, then the |
8 | employee charged with the responsibility of being custodian of the records for the entity shall set |
9 | forth in the certificate required hereunder the specific reasons for the noncompliance, the time of |
10 | service of the warrant, and if appropriate the time anticipated in complying with the warrant. |
11 | SECTION 3. This act shall take effect upon passage. |
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LC003978 | |
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EXPLANATION | |
BY THE LEGISLATIVE COUNCIL | |
OF | |
A N A C T | |
RELATING COURTS AND CIVIL PROCEDURE - PROCEDURE GENERALLY - | |
WITNESSES | |
*** | |
1 | This act would require, upon motion by defense counsel in a criminal proceeding, the |
2 | attorney general and/or the lead investigating law enforcement agency to issue a subpoena or |
3 | search warrant to social media and internet sites for production of all material posted or submitted |
4 | by any witness or potential witness. |
5 | This act would take effect upon passage. |
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LC003978 | |
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