Bill to broaden A.G.'s subpoena powers revived
This is an archived article that was published on sltrib.com in 2010, and information in the article may be outdated. It is provided only for personal research purposes and may not be reprinted.

A slimmed-down version of HB150, which would expand subpoena powers for investigations of certain electronic crimes, cleared the House on Friday afternoon in a 48-20 vote.

The measure, sponsored by Rep. Brad Daw, R-Orem, at the request of state Attorney General Mark Shurtleff, was defeated Thursday in the House, with 41 members voting against it.

Some expressed concerns about encroaching on the constitutional right to privacy.

But after some watering down, HB150 re-emerged Friday and passed.

The bill would give administrative subpoena power to the A.G. - -- without getting a judge's OK -- to obtain information such as e-mails and phone numbers when investigating child kidnapping or cyberstalking, which occurs over the Internet. Daw said that these subpoena powers already exist when investigating sex crimes against minors.

The version of HB150 that failed Thursday cast a wider net, addressing "criminal activity, rather than only sexual offenses against a minor."

Rep. Wayne Harper, R-West Jordan, said he opposed the bill, even in its restricted version. The information can be obtained by investigators through search warrants, leaving basic constitutional rights intact, he said.

Rep. Jackie Biskupski, D-Salt Lake City, supported the measure as the "missing link" in the warrant process.

"Crimes against kids that are happening through the Internet are not easy to combat because we can't find who has these Web sites," Biskupski, an aide to the Salt Lake County sheriff, said. "All we're asking for is the information so we can find out who we're investigating --- then we can pursue warrants."

HB150 now advances to the Senate for its consideration.

cmckitrick@sltrib.com

Turnaround » The House passes the measure Friday after rejecting it the previous day.
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