{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/19.2-10.1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/19.2-10.1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/19.2-10.1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/19.2-10.1.html"}],"law_id":55795,"edition_id":1,"section_id":55795,"structure_id":14432,"section_number":"19.2-10.1","catch_line":"(Effective July 1, 2026) Subpoena duces tecum for obtaining records concerning banking and credit cards","history":"2003, cc. 223, 541, 549; 2004, cc. 883, 996; 2010, cc. 702, 794; 2025, c. 214.","full_text":"A\n\nA financial institution as defined in \u00a7 6.2-604, money transmitter as defined in \u00a7 6.2-1922, or commercial businesses providing credit history or credit reports; or an issuer as defined in \u00a7 6.2-424 shall disclose a record or other information pertaining to a customer, to a law-enforcement officer pursuant to a subpoena duces tecum issued pursuant to this section.1\n\nIn order to obtain such records, the law-enforcement official shall provide a statement of the facts documenting the reasons that the records or other information sought are relevant to a legitimate law-enforcement inquiry, relating to a named person or persons, to the attorney for the Commonwealth. A court shall issue a subpoena duces tecum upon motion of the Commonwealth only if the court finds that there is probable cause to believe that a crime has been committed and to believe the records sought or other information sought, including electronic data and electronic communications, are relevant to a legitimate law-enforcement inquiry into that offense. The court may issue a subpoena duces tecum under this section regardless of whether any criminal charges have been filed.2\n\nA court issuing an order pursuant to this section, on a motion made promptly by the financial institution or credit card issuer, or enterprise may quash or modify the subpoena duces tecum, if the information or records requested are unusually voluminous in nature or compliance with such subpoena duces tecum would otherwise cause an undue burden on such provider.B\n\nNo cause of action shall lie in any court against a financial institution or credit card issuer, or enterprise, its officers, employees, agents, or other specified persons for providing information, facilities, or assistance in accordance with the terms of a subpoena duces tecum under this section.C\n\nUpon issuance of a subpoena duces tecum under this section, the statement shall be temporarily sealed by the court upon application of the attorney for the Commonwealth for good cause shown in an ex parte proceeding. Any individual arrested and claiming to be aggrieved by the order may move the court for the unsealing of the statement, and the burden of proof with respect to continued sealing shall be upon the Commonwealth.D\n\nAny and all records received by law enforcement pursuant to this section shall be utilized only for a reasonable amount of time and only for a legitimate law-enforcement purpose. Upon the completion of the investigation the records shall be submitted to the court by the attorney for the Commonwealth along with a proposed order requiring the records to be sealed. Upon entry of such order, the court shall seal the records in accordance with the requirements contained in subsection C.","order_by":null,"text":{"0":{"id":204395,"text":"A financial institution as defined in \u00a7 6.2-604, money transmitter as defined in \u00a7 6.2-1922, or commercial businesses providing credit history or credit reports; or an issuer as defined in \u00a7 6.2-424 shall disclose a record or other information pertaining to a customer, to a law-enforcement officer pursuant to a subpoena duces tecum issued pursuant to this section.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":204396,"text":"In order to obtain such records, the law-enforcement official shall provide a statement of the facts documenting the reasons that the records or other information sought are relevant to a legitimate law-enforcement inquiry, relating to a named person or persons, to the attorney for the Commonwealth. A court shall issue a subpoena duces tecum upon motion of the Commonwealth only if the court finds that there is probable cause to believe that a crime has been committed and to believe the records sought or other information sought, including electronic data and electronic communications, are relevant to a legitimate law-enforcement inquiry into that offense. The court may issue a subpoena duces tecum under this section regardless of whether any criminal charges have been filed.","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":204397,"text":"A court issuing an order pursuant to this section, on a motion made promptly by the financial institution or credit card issuer, or enterprise may quash or modify the subpoena duces tecum, if the information or records requested are unusually voluminous in nature or compliance with such subpoena duces tecum would otherwise cause an undue burden on such provider.","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"B"},"3":{"id":204398,"text":"No cause of action shall lie in any court against a financial institution or credit card issuer, or enterprise, its officers, employees, agents, or other specified persons for providing information, facilities, or assistance in accordance with the terms of a subpoena duces tecum under this section.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A2","next_prefix":"C"},"4":{"id":204399,"text":"Upon issuance of a subpoena duces tecum under this section, the statement shall be temporarily sealed by the court upon application of the attorney for the Commonwealth for good cause shown in an ex parte proceeding. Any individual arrested and claiming to be aggrieved by the order may move the court for the unsealing of the statement, and the burden of proof with respect to continued sealing shall be upon the Commonwealth.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"5":{"id":204400,"text":"Any and all records received by law enforcement pursuant to this section shall be utilized only for a reasonable amount of time and only for a legitimate law-enforcement purpose. Upon the completion of the investigation the records shall be submitted to the court by the attorney for the Commonwealth along with a proposed order requiring the records to be sealed. Upon entry of such order, the court shall seal the records in accordance with the requirements contained in subsection C.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C"}},"ancestry":[{"id":14432,"edition_id":1,"name":"General Provisions","identifier":"1","label":"chapter","depth":2,"order_by":1,"parent_id":12801,"metadata":{},"date_created":"2026-06-26 03:48:07","date_modified":"2026-06-26 03:48:07","permalink":{"id":168171,"object_type":"structure","relational_id":14432,"identifier":"1","token":"19.2\/1","url":"\/19.2\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12801,"edition_id":1,"name":"Criminal Procedure","identifier":"19.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:53","date_modified":"2026-06-26 03:43:53","permalink":{"id":168169,"object_type":"structure","relational_id":12801,"identifier":"19.2","token":"19.2","url":"\/19.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":63715,"structure_id":14432,"section_number":"19.2-1","catch_line":"Repealing clause","url":"\/19.2-1\/","token":"19.2\/1\/19.2-1","metadata":false},{"id":85785,"structure_id":14432,"section_number":"19.2-10","catch_line":"Outlawry abolished","url":"\/19.2-10\/","token":"19.2\/1\/19.2-10","metadata":false},{"id":55795,"structure_id":14432,"section_number":"19.2-10.1","catch_line":"(Effective July 1, 2026) Subpoena duces tecum for obtaining records concerning banking and credit cards","url":"\/19.2-10.1\/","token":"19.2\/1\/19.2-10.1","metadata":false},{"id":87357,"structure_id":14432,"section_number":"19.2-10.2","catch_line":"Administrative subpoena issued for record from provider of electronic communication service or remote computing service","url":"\/19.2-10.2\/","token":"19.2\/1\/19.2-10.2","metadata":false},{"id":80864,"structure_id":14432,"section_number":"19.2-10.3","catch_line":"Reasonable suspicion required to stop, board, or inspect a noncommercial vessel on navigable waters of the Commonwealth","url":"\/19.2-10.3\/","token":"19.2\/1\/19.2-10.3","metadata":false},{"id":74594,"structure_id":14432,"section_number":"19.2-10.4","catch_line":"Subpoena duces tecum; attorney-issued subpoena duces tecum","url":"\/19.2-10.4\/","token":"19.2\/1\/19.2-10.4","metadata":false},{"id":84111,"structure_id":14432,"section_number":"19.2-11","catch_line":"Procedure in contempt cases","url":"\/19.2-11\/","token":"19.2\/1\/19.2-11","metadata":false},{"id":83936,"structure_id":14432,"section_number":"19.2-2","catch_line":"Effect of repeal of Title 19.1 and enactment of this title","url":"\/19.2-2\/","token":"19.2\/1\/19.2-2","metadata":false},{"id":58240,"structure_id":14432,"section_number":"19.2-3","catch_line":"Certain notices, recognizances and processes validated","url":"\/19.2-3\/","token":"19.2\/1\/19.2-3","metadata":false},{"id":84637,"structure_id":14432,"section_number":"19.2-3.1","catch_line":"Personal appearance by two-way electronic video and audio communication; standards","url":"\/19.2-3.1\/","token":"19.2\/1\/19.2-3.1","metadata":false},{"id":70830,"structure_id":14432,"section_number":"19.2-4","catch_line":"References to former sections, articles or chapters of Titles 18.1 and 19.1","url":"\/19.2-4\/","token":"19.2\/1\/19.2-4","metadata":false},{"id":67384,"structure_id":14432,"section_number":"19.2-5","catch_line":"Meaning of certain terms","url":"\/19.2-5\/","token":"19.2\/1\/19.2-5","metadata":false},{"id":87210,"structure_id":14432,"section_number":"19.2-6","catch_line":"Appointive power of circuit courts","url":"\/19.2-6\/","token":"19.2\/1\/19.2-6","metadata":false},{"id":63248,"structure_id":14432,"section_number":"19.2-7","catch_line":"Rewards for arrest of persons convicted of or charged with offenses; rewards for conviction of unknown offenders","url":"\/19.2-7\/","token":"19.2\/1\/19.2-7","metadata":false},{"id":71434,"structure_id":14432,"section_number":"19.2-8","catch_line":"Limitation of prosecutions","url":"\/19.2-8\/","token":"19.2\/1\/19.2-8","metadata":false},{"id":87384,"structure_id":14432,"section_number":"19.2-8.1","catch_line":"Prosecution for murder or manslaughter; passage of time not a limitation","url":"\/19.2-8.1\/","token":"19.2\/1\/19.2-8.1","metadata":false},{"id":66117,"structure_id":14432,"section_number":"19.2-9","catch_line":"Prosecution of certain criminal cases removed from state to federal courts; costs","url":"\/19.2-9\/","token":"19.2\/1\/19.2-9","metadata":false},{"id":56249,"structure_id":14432,"section_number":"19.2-9.1","catch_line":"Written notice required for complaining witness who is requested to take polygraph test","url":"\/19.2-9.1\/","token":"19.2\/1\/19.2-9.1","metadata":false}],"previous_section":{"id":85785,"structure_id":14432,"section_number":"19.2-10","catch_line":"Outlawry abolished","url":"\/19.2-10\/","token":"19.2\/1\/19.2-10","metadata":false},"next_section":{"id":87357,"structure_id":14432,"section_number":"19.2-10.2","catch_line":"Administrative subpoena issued for record from provider of electronic communication service or remote computing service","url":"\/19.2-10.2\/","token":"19.2\/1\/19.2-10.2","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/19.2-10.1\/","history_text":"

This law was first created in 2003. The record of its establishment is cataloged in chapters 223<\/a>, 541<\/a>, and 549<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 3 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 2004, chapters 883<\/a> and 996<\/a>; in 2010, chapters 702<\/a> and 794<\/a>; in 2025, chapter 214<\/a>.<\/p>","references":false,"refers_to":[{"id":78099,"section_number":"6.2-1922","catch_line":"(Effective July 1, 2026) Definitions","order_by":null,"url":"\/6.2-1922\/"},{"id":69648,"section_number":"6.2-424","catch_line":"Definitions","order_by":null,"url":"\/6.2-424\/"},{"id":83499,"section_number":"6.2-604","catch_line":"Definitions","order_by":null,"url":"\/6.2-604\/"}],"permalink":{"id":168181,"object_type":"law","relational_id":55795,"identifier":"19.2-10.1","token":"19.2\/1\/19.2-10.1","url":"\/19.2-10.1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/19.2-10.1\/","token":"19.2\/1\/19.2-10.1","dublin_core":{"Title":"(Effective July 1, 2026) Subpoena duces tecum for obtaining records concerning banking and credit cards","Type":"Text","Format":"text\/html","Identifier":"\u00a7 19.2-10.1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> A financial institution as defined in \u00a7 6.2-604<\/a>, money transmitter as defined in \u00a7 6.2-1922<\/a>, or commercial businesses providing credit history or credit reports; or an issuer as defined in \u00a7 6.2-424<\/a> shall disclose a record or other information pertaining to a customer, to a law<\/span>-enforcement officer pursuant to a subpoena duces tecum<\/span> issued pursuant to this section. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> In order<\/span> to obtain such records, the law<\/span>-enforcement official shall provide a statement of the facts<\/span> documenting the reasons that the records or other information sought are relevant to a legitimate law<\/span>-enforcement inquiry, relating to a named person or persons, to the attorney for the Commonwealth. A court<\/span> shall issue<\/span> a subpoena duces tecum<\/span> upon motion<\/span> of the Commonwealth only if the court<\/span> finds that there is probable cause<\/span> to believe that a crime<\/span> has been committed and to believe the records sought or other information sought, including electronic data and electronic communications, are relevant to a legitimate law<\/span>-enforcement inquiry into that offense<\/span>. The court<\/span> may issue<\/span> a subpoena duces tecum<\/span> under this section regardless of whether any criminal charges have been filed. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> A court<\/span> issuing an order<\/span> pursuant to this section, on a motion<\/span> made promptly by the financial institution or credit card issuer, or enterprise may quash<\/span> or modify the subpoena duces tecum<\/span>, if the information or records requested are unusually voluminous in nature or compliance with such subpoena duces tecum<\/span> would otherwise cause an undue burden on such provider. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> No cause of action<\/span> shall lie in any court<\/span> against a financial institution or credit card issuer, or enterprise, its officers, employees, agents, or other specified persons for providing information, facilities, or assistance in accordance with the terms of a subpoena duces tecum<\/span> under this section. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Upon issuance of a subpoena duces tecum<\/span> under this section, the statement shall be temporarily sealed<\/span> by the court<\/span> upon application of the attorney for the Commonwealth for good cause shown in an ex parte<\/span> proceeding. Any individual arrested and claiming to be aggrieved by the order<\/span> may move the court<\/span> for the unsealing of the statement, and the burden of proof<\/span> with respect to continued sealing shall be upon the Commonwealth. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Any and all records received by law<\/span> enforcement pursuant to this section shall be utilized only for a reasonable amount of time and only for a legitimate law<\/span>-enforcement purpose. Upon the completion of the investigation the records shall be submitted to the court<\/span> by the attorney for the Commonwealth along with a proposed order<\/span> requiring the records to be sealed<\/span>. Upon entry of such order<\/span>, the court<\/span> shall seal the records in accordance with the requirements contained in subsection C. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\n(EFFECTIVE JULY 1, 2026) SUBPOENA DUCES TECUM FOR OBTAINING RECORDS CONCERNING\nBANKING AND CREDIT CARDS (\u00a7 19.2-10.1)\n\nA. A financial institution as defined in \u00a7 6.2-604, money transmitter as\ndefined in \u00a7 6.2-1922, or commercial businesses providing credit history or\ncredit reports; or an issuer as defined in \u00a7 6.2-424 shall disclose a record or\nother information pertaining to a customer, to a law-enforcement officer\npursuant to a subpoena duces tecum issued pursuant to this section.\n\n 1. In order to obtain such records, the law-enforcement official shall provide\n a statement of the facts documenting the reasons that the records or other\n information sought are relevant to a legitimate law-enforcement inquiry,\n relating to a named person or persons, to the attorney for the Commonwealth. A\n court shall issue a subpoena duces tecum upon motion of the Commonwealth only\n if the court finds that there is probable cause to believe that a crime has\n been committed and to believe the records sought or other information sought,\n including electronic data and electronic communications, are relevant to a\n legitimate law-enforcement inquiry into that offense. The court may issue a\n subpoena duces tecum under this section regardless of whether any criminal\n charges have been filed.\n\n 2. A court issuing an order pursuant to this section, on a motion made\n promptly by the financial institution or credit card issuer, or enterprise may\n quash or modify the subpoena duces tecum, if the information or records\n requested are unusually voluminous in nature or compliance with such subpoena\n duces tecum would otherwise cause an undue burden on such provider.\n\nB. No cause of action shall lie in any court against a financial institution or\ncredit card issuer, or enterprise, its officers, employees, agents, or other\nspecified persons for providing information, facilities, or assistance in\naccordance with the terms of a subpoena duces tecum under this section.\n\nC. Upon issuance of a subpoena duces tecum under this section, the statement\nshall be temporarily sealed by the court upon application of the attorney for\nthe Commonwealth for good cause shown in an ex parte proceeding. Any individual\narrested and claiming to be aggrieved by the order may move the court for the\nunsealing of the statement, and the burden of proof with respect to continued\nsealing shall be upon the Commonwealth.\n\nD. Any and all records received by law enforcement pursuant to this section\nshall be utilized only for a reasonable amount of time and only for a legitimate\nlaw-enforcement purpose. Upon the completion of the investigation the records\nshall be submitted to the court by the attorney for the Commonwealth along with\na proposed order requiring the records to be sealed. Upon entry of such order,\nthe court shall seal the records in accordance with the requirements contained\nin subsection C.\n\nHISTORY: 2003, cc. 223, 541, 549; 2004, cc. 883, 996; 2010, cc. 702, 794; 2025,\nc. 214.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}