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HF 2958

as introduced - 89th Legislature (2015 - 2016) Posted on 03/10/2016 03:38pm

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to criminal justice; expanding law enforcement access to financial
records in certain limited circumstances; amending Minnesota Statutes 2014,
sections 13A.01, subdivision 3; 13A.02, subdivisions 1, 2; 609.527, subdivision
1, by adding a subdivision; 626.15.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2014, section 13A.01, subdivision 3, is amended to read:


Subd. 3.

Financial record.

"Financial record" means an original of, a copy of, or
information known to have been derived from, any record held by a financial institution
pertaining to a customer's relationship with the financial institution.new text begin To the extent
available, the term includes a video or image recording of a transaction or attempted
transaction involving a customer's account with the financial institution.
new text end

Sec. 2.

Minnesota Statutes 2014, section 13A.02, subdivision 1, is amended to read:


Subdivision 1.

Access by government.

Except as authorized by this chapter,
no government authority may have access to, or obtain copies of, or the information
contained in, the financial records of any customer from a financial institution unless the
financial records are reasonably described and:

(1) the customer has authorized the disclosure;

(2) the financial records are disclosed in response to a search warrant;

(3) the financial records are disclosed in response to a judicial or administrative
subpoena;

(4) the financial records are disclosed to law enforcement, a lead investigative
agency as defined in section 626.5572, subdivision 13, or prosecuting authority that is
investigating financial exploitation of a vulnerable adult in response to a judicial subpoena
or administrative subpoena under section 388.23; or

(5) the financial records are disclosed pursuant to section new text begin609.527 or new text end609.535 or
other statute or rule.

Sec. 3.

Minnesota Statutes 2014, section 13A.02, subdivision 2, is amended to read:


Subd. 2.

Release prohibited.

No financial institution, or officer, employee, or
agent of a financial institution, may provide to any government authority access to, or
copies of, or the information contained in, the financial records of any customer except in
accordance with the provisions of this chapter.

Nothing in this chapter shall require a financial institution to inquire or determine that
those seeking disclosure have duly complied with the requirements of this chapter, provided
only that the customer authorization, search warrant, subpoena, or written certification
pursuant to sectionnew text begin 609.527, subdivision 8;new text end 609.535, subdivision 6; 626.557; or other
statute or rule, served on or delivered to a financial institution shows compliance on its face.

Sec. 4.

Minnesota Statutes 2014, section 609.527, subdivision 1, is amended to read:


Subdivision 1.

Definitions.

(a) As used in this section, the following terms have the
meanings given them in this subdivision.

(b) "Direct victim" means any person or entity described in section 611A.01,
paragraph (b)
, whose identity has been transferred, used, or possessed in violation of
this section.

(c) "False pretense" means any false, fictitious, misleading, or fraudulent information
or pretense or pretext depicting or including or deceptively similar to the name, logo, Web
site address, e-mail address, postal address, telephone number, or any other identifying
information of a for-profit or not-for-profit business or organization or of a government
agency, to which the user has no legitimate claim of right.

new text begin (d) "Financial institution" has the meaning given in section 13A.01, subdivision 2.
new text end

deleted text begin (d)deleted text endnew text begin (e)new text end "Identity" means any name, number, or data transmission that may be used,
alone or in conjunction with any other information, to identify a specific individual or
entity, including any of the following:

(1) a name, Social Security number, date of birth, official government-issued driver's
license or identification number, government passport number, or employer or taxpayer
identification number;

(2) unique electronic identification number, address, account number, or routing
code; or

(3) telecommunication identification information or access device.

deleted text begin (e)deleted text endnew text begin (f)new text end "Indirect victim" means any person or entity described in section 611A.01,
paragraph (b)
, other than a direct victim.

deleted text begin (f)deleted text endnew text begin (g)new text end "Loss" means value obtained, as defined in section 609.52, subdivision 1,
clause (3), and expenses incurred by a direct or indirect victim as a result of a violation
of this section.

deleted text begin (g)deleted text endnew text begin (h)new text end "Unlawful activity" means:

(1) any felony violation of the laws of this state or any felony violation of a similar
law of another state or the United States; and

(2) any nonfelony violation of the laws of this state involving theft, theft by swindle,
forgery, fraud, or giving false information to a public official, or any nonfelony violation
of a similar law of another state or the United States.

deleted text begin (h)deleted text endnew text begin (i)new text end "Scanning device" means a scanner, reader, or any other electronic device
that is used to access, read, scan, obtain, memorize, or store, temporarily or permanently,
information encoded on a computer chip or magnetic strip or stripe of a payment card,
driver's license, or state-issued identification card.

deleted text begin (i)deleted text endnew text begin (j)new text end "Reencoder" means an electronic device that places encoded information
from the computer chip or magnetic strip or stripe of a payment card, driver's license,
or state-issued identification card, onto the computer chip or magnetic strip or stripe
of a different payment card, driver's license, or state-issued identification card, or any
electronic medium that allows an authorized transaction to occur.

deleted text begin (j)deleted text endnew text begin (k)new text end "Payment card" means a credit card, charge card, debit card, or any other
card that:

(1) is issued to an authorized card user; and

(2) allows the user to obtain, purchase, or receive credit, money, a good, a service, or
anything of value.

Sec. 5.

Minnesota Statutes 2014, section 609.527, is amended by adding a subdivision
to read:


new text begin Subd. 8. new text end

new text begin Release of limited account information to law enforcement authorities.
new text end

new text begin (a) A financial institution shall release the information described in paragraph (b) to a
law enforcement or prosecuting authority that certifies in writing that it is investigating
or prosecuting a crime under this section.
new text end

new text begin (b) This subdivision applies to requests for the following information relating to a
potential victim's account:
new text end

new text begin (1) the name of the account holder or holders;
new text end

new text begin (2) whether the account remains open;
new text end

new text begin (3) whether there are any payment cards that can access the account and if they are
currently activated; and
new text end

new text begin (4) the last known home address and telephone numbers of the account holder
or holders.
new text end

new text begin (c) A financial institution shall release the information requested under this
subdivision that it possesses within a reasonable time after the request. The financial
institution may not impose a fee for furnishing this information.
new text end

new text begin (d) A financial institution is not liable in a criminal or civil proceeding for releasing
information in accordance with this subdivision.
new text end

Sec. 6.

Minnesota Statutes 2014, section 626.15, is amended to read:


626.15 EXECUTION AND RETURN OF WARRANT; TIME.

(a) Except as provided in paragraph (b), a search warrant must be executed and
returned to the court which issued it within ten days after its date. After the expiration of
this time, the warrant is void unless previously executed.

(b) new text beginA search warrant on a financial institution for financial records is valid for
30 days.
new text endA district court judge may grant an extension of deleted text beginadeleted text endnew text begin thenew text end warrant deleted text beginon a financial
institution for financial records
deleted text end upon an application under oath stating that the financial
institution has not produced the requested financial records within deleted text beginten daysdeleted text endnew text begin the 30-day
period
new text end and that an extension is necessary to achieve the purposes for which the search
warrant was granted. Each extension may not exceed 30 days.

For the purposes of this paragraph, "financial institution" has the meaning given in
section 13A.01, subdivision 2, and "financial records" has the meaning given in section
13A.01, subdivision 3.