HF 1197

as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to law enforcement; county attorney 
  1.3             administrative subpoena power; authorizing 
  1.4             administrative subpoena of the records of certain 
  1.5             computer networks; amending Minnesota Statutes 1996, 
  1.6             section 388.23, subdivision 1. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 1996, section 388.23, 
  1.9   subdivision 1, is amended to read: 
  1.10     Subdivision 1.  [AUTHORITY.] The county attorney, or any 
  1.11  deputy or assistant county attorney whom the county attorney 
  1.12  authorizes in writing, has the authority to subpoena and require 
  1.13  the production of any records of telephone companies, cellular 
  1.14  phone companies, paging companies, private computer networks 
  1.15  including Internet service providers or computer bulletin board 
  1.16  systems, electric companies, gas companies, water utilities, 
  1.17  chemical suppliers, hotels and motels, pawn shops, airlines, 
  1.18  buses, taxis, and other entities engaged in the business of 
  1.19  transporting people, and freight companies, warehousing 
  1.20  companies, self-service storage facilities, package delivery 
  1.21  companies, and other entities engaged in the businesses of 
  1.22  transport, storage, or delivery, and records of the existence of 
  1.23  safe deposit box account numbers and customer savings and 
  1.24  checking account numbers maintained by financial institutions 
  1.25  and safe deposit companies, insurance records relating to the 
  1.26  monetary payment or settlement of claims, and wage and 
  2.1   employment records of an applicant or recipient of public 
  2.2   assistance who is the subject of a welfare fraud investigation 
  2.3   relating to eligibility information for public assistance 
  2.4   programs.  Subpoenas may only be issued for records that are 
  2.5   relevant to an ongoing legitimate law enforcement 
  2.6   investigation.  Administrative subpoenas may only be issued in 
  2.7   welfare fraud cases if there is probable cause to believe a 
  2.8   crime has been committed.  This provision applies only to the 
  2.9   records of business entities and does not extend to private 
  2.10  individuals or their dwellings.  Subpoenas may only be served by 
  2.11  peace officers as defined by section 626.84, subdivision 1, 
  2.12  paragraph (c).