(a) Notwithstanding § 1-301.89a(a), and subject to the requirements under this section, the Attorney General for the District of Columbia shall have the authority to issue subpoenas for the production of documents and materials or for the attendance and testimony of witnesses under oath, or both, for the purposes of seeking relief under §§ 22-937 and 22-938.

(b)(1) Subpoena authority established by this section may only be used in furtherance of seeking relief under §§ 22-937 and 22-938.

(2) Testimony obtained pursuant to this subpoena authority shall not be used in furtherance of a criminal investigation related to a violation of § 22-933.01, and shall not be admissible in a criminal proceeding against the person who provided the information.

(c) The Attorney General shall not have the authority to issue a subpoena under this section if an indictment, information, or petition has been filed with the court formally charging the target of the investigation with a violation of § 22-933.01.

(d) The power to issue subpoenas pursuant to this section shall not be delegated other than to the Chief Deputy Attorney General, a Deputy Attorney General, or an Assistant Deputy Attorney General.

(e) Subpoenas issued pursuant to this section shall contain the information required in § 1-301.88d(b).

(f) Unless otherwise permitted by the Office of the Attorney General, only attorneys for the Office of the Attorney General and their staff, other people involved in the investigation, the witness under examination, his or her attorney, interpreters when needed, and, for the purpose of taking the evidence, a stenographer or operator of a recording device may be present during the taking of testimony.

(g) In the case of refusal to obey a subpoena issued under this section, the Attorney General may petition the Superior Court of the District of Columbia for an order requiring compliance. Any failure to obey the order of the court may be treated by the court as contempt.

(h) Any person to whom a subpoena has been issued under this section may exercise the privileges enjoyed by all witnesses. A person to whom a subpoena has been issued may move to quash or modify the subpoena in the Superior Court of the District of Columbia on grounds including:

(1) The Attorney General failed to follow or satisfy the procedures set forth in this section for issuance of a subpoena;

(2) The Attorney General lacked the authority to issue the subpoena under this section; or

(3) Any other grounds that exist under statute or common law for quashing or modification of a subpoena.

(May 27, 2010, D.C. Law 18-160, § 110b [108e]; as added Nov. 23, 2016, D.C. Law 21-166, § 4, 63 DCR 10733.)

For temporary (90 day) creation of § 1-301.88f, see §2(b) of Attorney General Limited Grant-Making Authority Emergency Amendment Act of 2018 (D.C. Act 22-391, June 27, 2018, 65 DCR 7144).

For temporary (225 days) creation of § 1-301.88f, see § 2(b) of Attorney General Limited Grant-Making Authority Temporary Amendment Act of 2018 (D.C. Law 22-160, Sept. 1, 2018, 65 DCR 7539).