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SF 1614

as introduced - 89th Legislature (2015 - 2016) Posted on 08/21/2015 01:56pm

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to county attorneys; modifying standards related to issuance of
administrative subpoenas; requiring disclosure; amending Minnesota Statutes
2014, section 388.23, subdivisions 1, 2, 4, 6, by adding subdivisions.

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

Section 1.

Minnesota Statutes 2014, section 388.23, subdivision 1, is amended to read:


Subdivision 1.

Authority.

The county attorney, or any deputy or assistant county
attorney whom the county attorney authorizes in writing, has the authority to subpoena and
require the production of any records of telephone companies, cellular phone companies,
paging companies, subscribers of private computer networks including Internet service
providers or computer bulletin board systems, electric companies, gas companies, water
utilities, chemical suppliers, hotels and motels, pawn shops, airlines, buses, taxis, and
other entities engaged in the business of transporting people, and freight companies,
warehousing companies, self-service storage facilities, package delivery companies, and
other entities engaged in the businesses of transport, storage, or delivery, and records of the
existence of safe deposit box account numbers and customer savings and checking account
numbers maintained by financial institutions and safe deposit companies, insurance
records relating to the monetary payment or settlement of claims, the banking, credit
card, and financial records of a subject of an identity theft investigation or a vulnerable
adult, whether held in the name of the vulnerable adult or a third party, including but not
limited to safe deposit, loan and account applications and agreements, signature cards,
statements, checks, transfers, account authorizations, safe deposit access records and
documentation of fraud, and wage and employment records of an applicant or recipient of
public assistance who is the subject of a welfare fraud investigation relating to eligibility
information for public assistance programs. Subpoenas may only be issued for records
that are relevant to an ongoing legitimate law enforcement investigationdeleted text begin. Administrative
subpoenas may only be issued in welfare fraud and identity theft cases
deleted text endnew text begin, new text end if there is probable
cause to believe a crime has been committed. This provision applies only to the records of
business entities and does not extend to private individuals or their dwellings.

Sec. 2.

Minnesota Statutes 2014, section 388.23, subdivision 2, is amended to read:


Subd. 2.

Enforcementnew text begin; disclosure to subjectnew text end.

new text begin(a) new text endThe subpoena shall benew text begin filed with
the court administrator and is
new text end enforceable through the district court.new text begin Notwithstanding any
data classification to the contrary, a copy of the subpoena shall be provided to any party
whose records or documents the subpoena seeks to obtain.
new text end

new text begin (b) If the contents of a subpoena are temporarily withheld under subdivision 7, a
notice that a subpoena has been issued, and the names of any parties identified in the
subpoena, must be filed with the court administrator and provided to the subject of the
records or documents that the subpoena seeks to obtain. Upon expiration of the temporary
withholding period ordered by the court, a full copy of the subpoena must be filed and
provided as required by paragraph (a).
new text end

Sec. 3.

Minnesota Statutes 2014, section 388.23, subdivision 4, is amended to read:


Subd. 4.

Disclosure deleted text beginprohibiteddeleted text endnew text begin permittednew text end.

The subpoena must state that the person
to whom the subpoena is directed may deleted text beginnotdeleted text end disclose the fact that the subpoena was issued or
the fact that the requested records have been given to law enforcement personnel exceptdeleted text begin:
deleted text end

deleted text begin (1) insofar as the disclosure is necessary to find and disclose the records; or
deleted text end

deleted text begin (2)deleted text end pursuant to court order.

Sec. 4.

Minnesota Statutes 2014, section 388.23, subdivision 6, is amended to read:


Subd. 6.

Ex parte order.

Upon the ex parte request of the attorney issuing the
subpoena, the district court may issue an order directing the production of the records. deleted text beginIt is
not necessary for either the request or the order to
deleted text end new text beginThe request and order shall new text endbe filed with
the court administrator. Failure to comply with the court order subjects the person who
fails to comply to civil or criminal contempt of court, or both.

Sec. 5.

Minnesota Statutes 2014, section 388.23, is amended by adding a subdivision
to read:


new text begin Subd. 7. new text end

new text begin Temporary withholding of subpoena contents. new text end

new text begin (a) Upon application of
the county attorney, the contents of a subpoena may be temporarily withheld, by court
order, from disclosure and filing as required by subdivision 2 if the judge finds that:
new text end

new text begin (1) the inquiry being conducted is within the lawful jurisdiction of the county
attorney seeking the subpoena;
new text end

new text begin (2) there is reason to believe that the records being sought are relevant to a legitimate
inquiry; and
new text end

new text begin (3) there is reason to believe that the filing or disclosure will result in:
new text end

new text begin (i) endangering the life or physical safety of any person;
new text end

new text begin (ii) flight from prosecution;
new text end

new text begin (iii) destruction or tampering with evidence;
new text end

new text begin (iv) intimidation of potential witnesses; or
new text end

new text begin (v) otherwise seriously jeopardizing or unduly delaying the inquiry.
new text end

new text begin An application to withhold the contents of a subpoena must be made with reasonable
specificity. The existence of a subpoena, and the name of any party whose records or
documents the subpoena seeks to obtain, may not be withheld under this subdivision.
new text end

new text begin (b) If the court makes the findings required in paragraph (a), it shall enter an order
withholding the subpoena contents for a period not to exceed 180 days, and an order
prohibiting any appropriate party from disclosing the nature of the records being sought or
obtained. If the court finds that there is reason to believe that the notice may endanger the
life or physical safety of any person, the court may specify that contents of the subpoena
may be withheld indefinitely.
new text end

new text begin (c) This subdivision does not apply to public disclosures required by subdivision 8.
new text end

Sec. 6.

Minnesota Statutes 2014, section 388.23, is amended by adding a subdivision
to read:


new text begin Subd. 8. new text end

new text begin Disclosure of subpoena activity. new text end

new text begin Notwithstanding any law to the contrary,
the total number of administrative subpoenas issued in a calendar year, and detailed
information on each subpoena, including the nature of the subpoena and any data or
evidence supporting its issuance, shall be public at all times.
new text end

Sec. 7. new text beginEFFECTIVE DATE.
new text end

new text begin Sections 1 to 6 are effective the day following final enactment and apply to
subpoenas issued on or after that date.
new text end