SF 1831

as introduced - 90th Legislature (2017 - 2018) Posted on 03/07/2017 09:32am

A bill for an act
relating to criminal justice; expanding law enforcement access to financial records
in certain limited circumstances; amending Minnesota Statutes 2016, sections
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 2016, 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 begin 609.527 or new text end 609.535 or other
statute or rule.

Sec. 2.

Minnesota Statutes 2016, 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 section new 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. 3.

Minnesota Statutes 2016, 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.

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

new 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 end new 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 end new 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 end new 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 end new 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 end new 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 end new 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. 4.

Minnesota Statutes 2016, 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 may 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 of identity theft under this section. The certification must describe with
reasonable specificity the nature of the suspected identity theft that is being investigated or
prosecuted, including the dates of the suspected criminal activity.
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; and
new text end

new text begin (2) the last known home address and telephone numbers of the account holder or holders.
new text end

new text begin (c) A financial institution may 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

new text begin (e) Release of limited account information to a law enforcement agency under this
subdivision is criminal investigative data under section 13.82, subdivision 7, except that
when the investigation becomes inactive the account information remains confidential data
on individuals or protected nonpublic data.
new text end

Sec. 5.

Minnesota Statutes 2016, 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 begin A search warrant on a financial institution for financial records is valid for 30 days.
new text end A district court judge may grant an extension of deleted text begin a deleted text end new text begin the new text end warrant deleted text begin on 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 begin ten days deleted text end new 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.