Senate gives second reading to bill letting state solicitors, AG and SLED subpoena electronic records in investigations

Senate Bill 74, which would authorize circuit solicitors, the state attorney general and the State Law Enforcement Division (SLED) to require disclosure of electronic communications and related records from service providers in certain criminal investigations, received a second reading Tuesday and drew questions about magistrate oversight and scope.

Senator Adams explained the bill would allow those state entities to subpoena subscriber and account records relevant to ongoing investigations, shortening the timeline when federal routing through a U.S. Attorney or other federal process would delay access to records.

Senators pressed the sponsor about whether the bill would bypass judicial review or magistrate involvement. Adams and other supporters said the measure does not eliminate judicial oversight; it is intended to allow state‑level subpoenas and streamline the process while retaining court safeguards. Senator Lieber and others emphasized the bill intends to bypass only the federal approval step (e.g., U.S. Attorney routing) and not to remove judge or magistrate review of probable‑cause-based requests.

Questions clarified the bill does not expand subpoena power to municipal police departments; it addresses the authority of circuit solicitors, SLED, and the attorney general. Supporters said the change responds to delayed investigations when federal approval is required and will help investigators act more quickly when probable cause exists.

Senators moved for a favorable report and gave the bill a second reading; sponsors indicated the measure will go through committee review and be refined as needed.