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2021 Georgia Code
Title 35 - Law Enforcement Officers and Agencies
Chapter 3 - Georgia Bureau of Investigation
Article 1 - General Provisions
§ 35-3-4.1. Subpoena for Production of Electronic Communication Service Records for Computer or Electronic Device Used in Furtherance of Certain Offenses Against Minors
Universal Citation: GA Code § 35-3-4.1 (2021)
- In any investigation of a violation of Code Section 16-12-100, 16-12-100.1, or 16-12-100.2 involving the use of a computer or an electronic device in furtherance of an act related to a minor, or any investigation of a violation of Article 8 of Chapter 9 of Title 16, the director, assistant director, or deputy director for investigations shall be authorized to issue a subpoena, with the consent of the Attorney General, to compel the production of electronic communication service or remote communication service records or other information pertaining to a subscriber or customer of such service, exclusive of contents of communications.
- A provider of electronic communication service or remote computing service shall disclose to the bureau the:
- Local and long distance telephone connection records, or records of session times and durations;
- Length of service, including the start date, and types of service utilized;
- Telephone or instrument number or other subscriber number or identity, including any temporarily assigned network address; and
- Means and source of payment for such service, including any credit card or bank account number of a subscriber to or customer of such service.
- A provider of electronic communication service or remote computing service shall not provide notification of the subpoena issued pursuant to paragraph (1) of this subsection to the subscriber or customer of such service.
- Upon failure of a person without lawful excuse to obey a subpoena, the director, assistant director, or the deputy director for investigations, through the Attorney General or district attorney, may apply to a superior court having jurisdiction for an order compelling compliance. Such person may object to the subpoena on grounds that it fails to comply with this Code section or upon any constitutional or other legal right or privilege of such person. The court may issue an order modifying or setting aside such subpoena or directing compliance with the original subpoena.
- The Attorney General may request that a natural person who refuses to produce relevant matter on the ground that the production of records may incriminate such person be ordered by the court to provide such records. With the exception of a prosecution for perjury, a natural person who complies with the court order to provide such records asserting a privilege against self-incrimination to which he or she is entitled by law shall not be prosecuted or subjected to any penalty or forfeiture for or on account of any transaction, matter, or thing concerning which he or she may testify or produce evidence, documentary or otherwise.
- Information obtained pursuant to a subpoena enforced by this Code section shall not be made public or, except as authorized in paragraph (2) of this subsection, disclosed by the director, assistant director, deputy director for investigations, or the director's employees beyond the extent necessary for the enforcement of this Code section.
- The director, assistant director, deputy director for investigations, or the director's employees shall be authorized to provide to any federal, state, or local law enforcement agency any information acquired under this Code section in furtherance of a criminal investigation in violation of Code Section 16-12-100, 16-12-100.1, or 16-12-100.2.
- As used in this Code section, the terms "electronic communication service" and "remote communication service" shall have the same meaning as set forth in Code Section 16-9-92.
(Code 1981, §35-3-4.1, enacted by Ga. L. 2007, p. 283, § 4/SB 98; Ga. L. 2008, p. 601, § 3/SB 388; Ga. L. 2018, p. 507, § 1-1/SB 336.)
The 2018 amendment, effective July 1, 2018, added paragraph (a)(3).Cross references.
- Computer or electronic pornography and child exploitation prevention, § 16-12-100.2.Law reviews.
- For article on the 2018 amendment of this Code section, see 35 Ga. St. U. L. Rev. 119 (2018).JUDICIAL DECISIONS
Cited in Courtney v. State, 340 Ga. App. 496, 797 S.E.2d 496 (2017).
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