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Committee adopts amendment to close a digital‑records loophole in child exploitation subpoenas
Summary
House Bill 874, amended to bar electronic service providers from alerting account holders that records are being sought and to allow up to 90 days for providers to respond, moved to full judiciary after sponsor said the change protects investigations into child exploitation.
The subcommittee approved House Bill 874 as amended and sent it to full judiciary. Sponsor Representative Martin said the bill responds to a loophole where electronic service providers (ESPs) notify account holders when law enforcement subpoenas records, enabling deletion of requested information and endangering investigations into child exploitation.
The adopted amendment (code 5512) would prohibit ESPs from alerting individuals about pending subpoenas for records sought by law enforcement and also provides up to 90 days for service providers to produce the requested information. The sponsor said the change protects investigators and victims by preventing record deletion and safeguarding evidence.
Committee members asked procedural questions and the clerk recorded a committee vote that advanced HB 874 as amended to full judiciary with 8 ayes, 0 nays.
Sponsor emphasized the bill does not change rules about entering homes or other unrelated investigative authorities; the stated purpose is to close a technical loophole that allows potential suspects to destroy electronic evidence when notified.
