RD52 - SB 654 - Subpoena Duces Tecum


Executive Summary:
During the 2002 Session of the Virginia General Assembly, Senator William C. Mims introduced Senate Bill 654 (SB 654), (*1) which would add a section to the Code of Virginia granting law enforcement the ability to obtain financial institution and credit card records through a subpoena duces tecum. This bill was referred to the Senate Courts of Justice Committee where it was continued until 2003 and referred by letter to the Virginia State Crime Commission for further study. As a result of this study effort, the following recommendation was made concerning SB 654.

Recommendation

The Crime Commission does not have any official recommendation concerning SB 654 at this time. During the 2001 Session of the Virginia General Assembly, the legislature expanded the powers of special grand juries to serve as investigative tools. Since these expanded powers may accomplish the same objectives as the subpoenas proposed by SB 654, the Crime Commission has decided to monitor the use of these grand juries, to determine if they are sufficient by themselves.
________________________________
(*1) See Attachment 1.