SB 521

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 inves tigation 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 pr e sent 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. T he district attorney gene ral 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.