                                 CODE OF VIRGINIA

(EFFECTIVE JULY 1, 2026) SUBPOENA DUCES TECUM FOR OBTAINING RECORDS CONCERNING
BANKING AND CREDIT CARDS (§ 19.2-10.1)

A. A financial institution as defined in § 6.2-604, money transmitter as
defined in § 6.2-1922, or commercial businesses providing credit history or
credit reports; or an issuer as defined in § 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. 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.

   2. 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.

B. 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.

C. 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.

D. 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.

HISTORY: 2003, cc. 223, 541, 549; 2004, cc. 883, 996; 2010, cc. 702, 794; 2025,
c. 214.