All Roll Calls
Yes: 102 • No: 0
IdahoH 06892026 regular legislative sessionHouse
ADMINISTRATIVE SUBPOENAS – Amends existing law to revise a provision regarding an administrative subpoena.
Sponsored By: JUDICIARY, RULES AND ADMINISTRATION COMMITTEE
Signed by Governor
ADMINISTRATIVE SUBPOENAS
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Bill Overview
Analyzed Economic Effects
2 provisions identified: 0 benefits, 0 costs, 2 mixed.
Court relief, immunity, and penalties for providers
Beginning July 1, 2026, a provider may ask a court to quash or change an administrative subpoena before the due date. A court may grant this if the records are unusually voluminous or if compliance would cause an undue burden. Providers and their officers, employees, agents, or contractors are immune from lawsuits for giving help or information when they follow the subpoena’s terms. Anyone subpoenaed who does not appear, does not produce records, or refuses to be sworn or testify may be held in contempt of court; the case can be filed in the county where the subpoena was issued. This law does not limit prosecutors from using a search warrant, court order, or a grand jury or trial subpoena to get records.
New rules for tech subscriber subpoenas
Beginning July 1, 2026, internet and phone providers that do business in Idaho must give certain subscriber records to a prosecuting attorney or the attorney general within 14 days of an administrative subpoena. The records include name and address; local and long‑distance connection records; session start and end times and durations; length of service and start date; types of service; subscriber numbers or identities, including any temporary network address; and how the service was paid for. An administrative subpoena under this law cannot demand the content of messages or records that show which websites, chat channels, or news groups a user visited; this ban does not cover the server used to first access the internet. The prosecutor or attorney general must write on the subpoena that the records relate to a legitimate investigation into one of the crimes listed in Idaho Code sections 18-1505B, 18-1506, 18-1506A, 18-1507, 18-1507C, 18-1508, 18-1508A, 18-1509, 18-1509A, 18-1515, 18-2202, or 18-6605. The law uses Idaho’s definitions of “electronic communication service” and “remote computing service” to decide which providers are covered.
Sponsors & Cosponsors
Sponsor
JUDICIARY, RULES AND ADMINISTRATION COMMITTEE
Affiliation unavailable
Cosponsors
Clay Handy
Republican • House
Dave Lent
Republican • Senate
Roll Call Votes
House vote • 3/24/2026
House Floor Vote
Yes: 34 • No: 0
House vote • 2/24/2026
House Floor Vote
Yes: 68 • No: 0
Actions Timeline
Reported Signed by Governor on March 27, 2026 Session Law Chapter 202 Effective: 07/01/2026
3/30/2026Returned Signed by the President; Ordered Transmitted to Governor
3/26/2026HouseReported Enrolled; Signed by Speaker; Transmitted to Senate
3/25/2026HouseRead third time in full – PASSED - 34-0-1
3/24/2026HouseRead second time; filed for Third Reading
3/20/2026HouseReported out of Committee with Do Pass Recommendation; Filed for second reading
3/19/2026HouseReceived from the House passed; filed for first reading
2/25/2026SenateRead Third Time in Full – PASSED - 68-0-2
2/24/2026HouseRead second time; Filed for Third Reading
2/23/2026HouseReported out of Committee with Do Pass Recommendation, Filed for Second Reading
2/20/2026HouseReported Printed and Referred to Judiciary, Rules & Administration
2/17/2026HouseIntroduced, read first time, referred to JRA for Printing
2/16/2026House
Bill Text
Bill Text
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