(1) Whenever the attorney general or
the district attorney 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, he or she 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.
(2) Each such demand shall:
(a) State the nature of the conduct constituting the alleged racketeering
violation which is under investigation and the provision of law applicable thereto;
(b) Describe the class or classes of documentary material demanded
thereunder with such definiteness and certainty as to permit such material to be
fairly identified;
(c) 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;
(d) Identify the custodian to whom such material shall be made available;
and
(e) State an advisement of rights, available under the provisions of this
article, in addition to any appropriate constitutional rights advisement.
(3) No such demand shall:
(a) 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
(b) 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.
(4) Service of such demand or any petition filed under this section may be
made upon a person by:
(a) 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;
(b) Delivering a duly executed copy thereof to the residence, principal office,
or place of business of the person to be served; or
(c) Depositing such copy in the United States mail, by registered or certified
mail, duly addressed to such person at its residence, principal office, or place of
business.
(5) 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.
(6) (a) The attorney general or district attorney shall designate an
investigator to serve as racketeer document custodian and such racketeering
investigators as he or she shall determine to be necessary to serve as deputies to
such officer.
(b) 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 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.
(c) 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 article. 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
or the district attorney. Under such reasonable terms and conditions as the attorney
general or district attorney 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.
(d) 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 article, 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.
(e) Upon the completion of the racketeering investigation for which any
documentary material was produced under this article or in 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 or the district attorney pursuant to this subsection (6) 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.
(f) 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 or district attorney, to the return of all documentary
material other than copies thereof made pursuant to this subsection (6) so
produced by such person.
(g) 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 or district attorney shall
promptly designate another racketeering investigator to serve as custodian thereof
and 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 his predecessor in office with regard thereto; except that he shall
not be held responsible for any default or dereliction which occurred before his
designation as custodian.
(7) Whenever any person fails to comply with any civil investigative demand
duly served upon him 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 or a district attorney may file, in the
district court of the state for any judicial district 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.
(8) Within twenty-one 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 district court of the state for the
judicial district 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.
(9) 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 district court of the state for the judicial
district 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 him by this section.
(10) Whenever any petition is filed in any district 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.