1.1 	A bill for an act
1.2 	relating to public safety; establishing the crime of unlawful conduct relating to 
1.3 	telephone records; imposing criminal penalties; proposing coding for new law in 
1.4 	Minnesota Statutes, chapter 609.
1.5 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.6 	Section 1. [609.8935] UNLAWFUL CONDUCT RELATING TO TELEPHONE 
1.7 	RECORDS.
1.8 		Subdivision 1.Definitions. (a) As used in this section, the following terms have 
1.9 	the meanings given. 
1.10 	(b) "Customer" means a person or other entity that subscribes to telephone service 
1.11 	from a telephone company. 
1.12 	(c) "Procure" means to obtain by any means, whether electronically, in writing, or in 
1.13 	oral form, with or without consideration. 
1.14 	(d) "Telephone company" means any person or other entity that provides commercial 
1.15 	telephone service to a customer, irrespective of the communications technology used to 
1.16 	provide the service, including, but not limited to, traditional wireline or cable telephone 
1.17 	service; cellular, broadband PCS, or other wireless telephone service; microwave, satellite, 
1.18 	or other terrestrial telephone service; and voice over Internet telephone service. 
1.19 	(e) "Telephone records" include information retained by a telephone company that 
1.20 	relates to the telephone number dialed from a customer's telephone, or the incoming call 
1.21 	directed to a customer's telephone, or other data related to calls typically contained on 
1.22 	a customer's telephone bill, including, but not limited to, the time the call started and 
1.23 	ended, the duration of the call, the time of day the call was made, and any charges applied. 
1.24 	However, for the purposes of this section, any information collected and retained by 
2.1 	customers utilizing caller ID, or other similar technology, does not constitute a telephone 
2.2 	record. 
2.3 		Subd. 2.Crime defined; penalty.  (a) A person commits the crime of unlawful 
2.4 	conduct relating to telephone records if the person: 
2.5 	(1) knowingly procures a telephone record of another without that person's 
2.6 	authorization or by fraudulent, deceptive, or false means; 
2.7 	(2) knowingly sells a telephone record of another without that person's authorization; 
2.8 	or 
2.9 	(3) receives a telephone record of another knowing that the record has been obtained 
2.10 	without that person's authorization or by fraudulent, deceptive, or false means. 
2.11 	(b) A person who violates this subdivision may be sentenced to: 
2.12 	(1) imprisonment for not more than five years or to payment of a fine of not more 
2.13 	than $10,000, or both, if the violation involves a single telephone record; 
2.14 	(2) imprisonment for not more than ten years or to payment of a fine of not more 
2.15 	than $20,000, or both, if the violation involves at least two and no more than ten telephone 
2.16 	records; or 
2.17 	(3) imprisonment for not more than 20 years or to payment of a fine of not more than 
2.18 	$100,000, or both, if the violation involves more than ten telephone records. 
2.19 		Subd. 3.Exceptions.  The penalties in this section do not apply to: 
2.20 	(1) peace officers or employees or agents of law enforcement agencies acting in 
2.21 	the official course of their duties; 
2.22 	(2) individuals acting pursuant to a valid court order, warrant, or subpoena; 
2.23 	(3) employees or agents of telephone companies acting: 
2.24 	(i) as otherwise authorized by law; 
2.25 	(ii) with the lawful consent of the customer; 
2.26 	(iii) as may be necessarily incident to the rendition of the service or to the protection 
2.27 	of the rights or property of the provider of that service, or to protect users of those services 
2.28 	and other companies from fraudulent, abusive, or unlawful use of, or subscription to, 
2.29 	these services; 
2.30 	(iv) in cooperation with a governmental entity, if the telephone company reasonably 
2.31 	believes that an emergency involving immediate danger of death or serious physical injury 
2.32 	to any person justifies disclosure of the information;
2.33 	(v) in cooperation with the National Center for Missing and Exploited Children, 
2.34 	in connection with a report submitted to it under United States Code, title 42, section 
2.35 	13032; or
3.1 	(vi) in connection with the sale or transfer of all or part of the company's business, 
3.2 	or the purchase or acquisition of a portion or all of a business, or the migration of a 
3.3 	customer from one company to another.
3.4 		Subd. 4.Enforcement. Violations of this section are enforceable by the attorney 
3.5 	general under section 8.31. 

3.6 	EFFECTIVE DATE. This section is effective August 1, 2006, and applies to crimes 
3.7 	committed on or after that date.