§842-10 Civil investigative demand. (a) Whenever the attorney general has reason to believe that any person or enterprise may be in possession, custody, or control of any documentary materials relevant to a racketeering investigation, the attorney general may, prior to the institution of a civil or criminal proceeding thereon, issue in writing, and cause to be served upon such person, a civil investigative demand requiring such person to produce such material for examination.
(b) Each such demand shall:
(1) State the nature of the conduct constituting the alleged racketeering violation which is under investigation and the provision of law applicable thereto;
(2) Describe the class or classes of documentary material produced thereunder with such definiteness and certainty as to permit such material to be fairly identified;
(3) State that the demand is returnable forthwith or prescribe a return date which will provide a reasonable period of time within which the material so demanded may be assembled and made available for inspection and copying or reproduction; and
(4) Identify the custodian to whom such material shall be made available.
(c) No such demand shall:
(1) Contain any requirement which would be held to be unreasonable if contained in a subpoena duces tecum issued by a court of the State in aid of a grand jury investigation of such alleged racketeering violation; or
(2) Require the production of any documentary evidence which would be privileged from disclosure if demanded by a subpoena duces tecum issued by a court of the State in aid of a grand jury investigation of such alleged racketeering violation.
(d) Service of any such demand or any petition filed under this section may be made upon a person by:
(1) Delivering a duly executed copy thereof to any partner, executive officer, managing agent, or general agent thereof, or to any agent thereof authorized by appointment or by law to receive service of process on behalf of such person, or upon any individual person;
(2) Delivering a duly executed copy thereof to the principal office or place of business of the person to be served; or
(3) Depositing such copy in the United States mail, by registered or certified mail duly addressed to such person at its principal office or place of business.
(e) A verified return by the individual serving any such demand or petition setting forth the manner of such service shall be prima facie proof of such service. In the case of service by registered or certified mail, such return shall be accompanied by the return post office receipt of delivery of such demand.
(f)(1) The attorney general shall designate, from the organized crime unit established pursuant to section 28-71, an investigator to serve as racketeer document custodian and such racketeering investigators as the attorney general shall determine to be necessary to serve as deputies to such officer.
(2) Any person upon whom any demand issued under this section has been duly served shall make such material available for inspection and copying or reproduction to the custodian designated therein at the principal place of business of such person, or at such other place as such custodian and such person thereafter may agree and prescribe in writing or as the court may direct, pursuant to this section on the return date specified in such demand, or on such later date as such custodian may prescribe in writing. Such person may upon written agreement between such person and the custodian substitute for copies of all or any part of such material originals thereof.
(3) The custodian to whom any documentary material is so delivered shall take physical possession thereof, and shall be responsible for the use made thereof and for the return thereof pursuant to this chapter. The custodian may cause the preparation of such copies of such documentary material as may be required for official use under regulations which shall be promulgated by the attorney general. While in the possession of the custodian, no material so produced shall be available for examination, without the consent of the person who produced such material, by any individual other than the attorney general. Under such reasonable terms and conditions as the attorney general shall prescribe, documentary material while in the possession of the custodian shall be available for examination by the person who produced such material or any duly authorized representatives of such person.
(4) Whenever any attorney has been designated to appear on behalf of the State before any court or grand jury in any case or proceeding involving any alleged violation of this chapter, the custodian may deliver to such attorney such documentary material in the possession of the custodian as such attorney determines to be required for use in the presentation of such case or proceeding on behalf of the State. Upon the conclusion of any such case or proceeding, such attorney shall return to the custodian any documentary material so withdrawn which has not passed into the control of such court or grand jury through the introduction thereof into the record of such case or proceeding.
(5) Upon the completion of:
(i) The racketeering investigation for which any documentary material was produced under this chapter, and
(ii) Any case or proceeding arising from such investigation,
the custodian shall return to the person who produced such material all such material other than copies thereof made by the attorney general pursuant to this subsection which has not passed into the control of any court or grand jury through the introduction thereof into the record of such case or proceeding.
(6) When any documentary material has been produced by any person under this section for use in any racketeering investigation, and no such case or proceeding arising therefrom has been instituted within a reasonable time after completion of the examination and analysis of all evidence assembled in the course of such investigation, such person shall be entitled, upon written demand made upon the attorney general, to the return of all documentary material other than copies thereof made pursuant to this subsection so produced by such person.
(7) In the event of the death, disability, or separation from service of the custodian of any documentary material produced under any demand issued under this section or the official relief of such custodian from responsibility for the custody and control of such material, the attorney general shall promptly:
(i) Designate another racketeering investigator to serve as custodian thereof, and
(ii) Transmit notice in writing to the person who produced such material as to the identity and address of the successor so designated.
Any successor so designated shall have with regard to such materials all duties and responsibilities imposed by this section upon the successor's predecessor in office with regard thereto, except that the successor shall not be held responsible for any default or dereliction which occurred before the successor's designation as custodian.
(g) Whenever any person fails to comply with any civil investigative demand duly served upon the person under this section or whenever satisfactory copying or reproduction of any such material cannot be done and such person refuses to surrender such material, the attorney general may file, in the court of the State for any judicial circuit in which such person resides, is found, or transacts business, and serve upon such person a petition for an order of such court for the enforcement of this section.
(h) Within twenty days after the service of any such demand upon any person, or at any time before the return date specified in the demand, whichever period is shorter, such person may file, in the court of the State for the judicial circuit within which such person resides, is found, or transacts business, and serve upon such custodian a petition for an order of such court modifying or setting aside such demand. The time allowed for compliance with the demand in whole or in part as deemed proper and ordered by the court shall not run during the pendency of such petition in the court. Such petition shall specify each ground upon which the petitioner relies in seeking such relief, and may be based upon any failure of such demand to comply with the provisions of this section or upon any constitutional or other legal right or privilege of such person.
(i) At any time during which any custodian is in custody or control of any documentary material delivered by any person in compliance with any such demand, such person may file, in the court of the State for the judicial circuit within which the office of such custodian is situated, and serve upon such custodian a petition for an order of such court requiring the performance by such custodian of any duty imposed upon the custodian by this section.
(j) Whenever any petition is filed in any court of the State under this section, such court shall have jurisdiction to hear and determine the matter so presented, and to enter such order or orders as may be required to carry into effect the provisions of this section. [L 1972, c 71, pt of §2; gen ch 1985]