PARRIS N. GLENDENING, Governor                             Ch. 314

Approved May 9, 1995.

CHAPTER 314
(House Bill 1020)

AN ACT concerning

Criminal Procedure - Subpoenas - Deputy State's Attorneys

FOR the purpose of authorizing a Deputy State's Attorney, designated by a State's
Attorney, to issue subpoenas under certain circumstances; and generally relating to
the subpoena power of a Deputy State's Attorney.

BY repealing and reenacting, with amendments,
Article 10 - Legal Officials
Section 39A

Annotated Code of Maryland
(1994 Replacement Volume)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:

Article 10 - Legal Officials

39A.

(a)     For the limited purpose of obtaining documents to further an ongoing criminal
investigation, the State's Attorney may issue, within the county served by the State's
Attorney, a subpoena to a person to require the production of telephone, business,
governmental, or corporate records or documents.

(b)     (1) Such subpoena may be served in the same manner as if issued from a
circuit court.

(2)     If any person fails to obey such subpoena lawfully served, the State's
Attorney may immediately report the disobedience and provide a copy of the subpoena
and proof of service to the circuit court of the county in which the State's Attorney serves
under § 34 of this article.

(3)     The court shall conduct a hearing and may grant appropriate relief after
providing the person who allegedly failed to comply with a subpoena an opportunity to be
heard and be represented by counsel.

(c)     (1) A person has the right to have counsel present during any contact under
this section with the State's Attorney or his agents.

(2) The State's Attorney shall advise a person of the right to counsel when
the subpoena is served.

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