Limiting disclosure of information gathered by news persons

1. The identity of a confidential news source.

2. Any information that would tend to identify a confidential news source.

3. Any information obtained in confidence by a news person in gathering or preparing information for potential dissemination to the public.

4. Any other information or identity of a source of information that is obtained by a news person in gathering or preparing information for potential dissemination to the public.

The bill gives the court authority, after a hearing, to issue a subpoena to compel a news person to testify or produce information but only the evidence listed in item 4., above. The court may issue the subpoena if the person who requests the subpoena establishes by clear and convincing evidence, in a criminal investigation, that a crime has occurred, or in a civil action, that the complaint states a claim upon which relief may be granted, and if all of the following conditions apply:

1. The information or identity of the source is highly relevant to the criminal investigation or civil action.

2. The information or identity of the source is critical or necessary to the maintenance of the party's claim, defense, or to the proof of an issue material to the criminal investigation or civil action.

3. The information or identity of the source of the information is not obtainable from any alternative source.

4. There is an overriding public interest in the disclosure of the information or identity of the source of the information.

The bill also restricts the issuance of a subpoena to order a person who is not a news person to testify or produce information related to a business transaction between that person and a news person if the intent is to obtain information that cannot be obtained from the news person. There are exceptions to this restriction under the bill if the information is highly relevant, necessary for the party's claim or defense, and not obtainable from other sources.

The bill allows the court, in a criminal investigation in which a news person is the subject of the investigation, to order the issuance of a subpoena at the request of the prosecutor without giving the news person advance notice of the request and a hearing if the court determines that giving advance notice would pose a substantial threat to the integrity of the investigation.