This bill creates a law enforcement investigatory privilege that protects all information governed by Rule 16 of the Rules of Criminal Procedure, which sets forth the limits of discovery, in an open criminal investigation or prosecution. A criminal investigation or prosecution is deemed closed when (i) the district attorney general chooses not to seek charges against a suspect and closes the investigation (ii) a criminal defendant is acquitted, or (iii) after conviction, the time to file a petition under present law has expired or such petition is resolved by the court. However, these provisions do not infringe upon the constitutional rights of a criminal defendant and do not alter or amend the procedure for subpoena by law enforcement as described in present law.
This bill prohibits a subpoena from being issued or granted in a civil or criminal proceeding for information protected by the law enforcement investigatory privilege in an open criminal investigation or prosecution. The district attorney general may file a motion to quash or modify a subpoena in any matter where the state has an investigative or prosecutorial interest in information or materials that are protected by the law enforcement investigatory privilege and sought by a subpoena.
