Subpoena Power for Investigations of Violations Involving Trafficking of Persons for Labor or Sexual Servitude

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  6. Subpoena Power for Investigations of Violations Involving Trafficking of Persons for Labor or Sexual Servitude

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  1. In any investigation of a violation of Code Section 16-5-46 involving trafficking of persons for labor or sexual servitude, the director, assistant director, or deputy director for investigations shall be authorized to issue a subpoena, with the consent of the Attorney General, to compel the production of books, papers, documents, or other tangible things, including records and documents contained within, or generated by, a computer or any other electronic device.
  2. A provider of electronic communication service or remote computing service shall not provide notification of the subpoena issued pursuant to subsection (a) of this Code section to the subscriber or customer of such service.
  3. Upon the failure of a person without lawful excuse to obey a subpoena, the director, assistant director, or the deputy director for investigations, through the Attorney General or district attorney, may apply to a superior court having jurisdiction for an order compelling compliance. Such person may object to the subpoena on grounds that it fails to comply with this Code section or upon any constitutional or other legal right or privilege of such person. The court may issue an order modifying or setting aside such subpoena or directing compliance with the original subpoena. Failure to obey a subpoena issued under this Code section may be punished by the court as contempt of court.

(Code 1981, §35-3-4.3, enacted by Ga. L. 2011, p. 217, § 10/HB 200; Ga. L. 2018, p. 507, § 1-2/SB 336.)

The 2018 amendment, effective July 1, 2018, added subsection (b); and redesignated former subsection (b) as present subsection (c).

Cross references.

- Defense available for crimes committed while being trafficked, § 16-3-6.

Law reviews.

- For article on the 2011 enactment of this Code section, see 28 Ga. St. U. L. Rev. 131 (2011). For article, "Crimes and Offenses: Crimes Against the Person," see 28 Ga. St. U. L. Rev. 131 (2011).


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