SF 2041

as introduced - 89th Legislature (2015 - 2016) Posted on 04/10/2015 09:15am

A bill for an act
relating to criminal justice; requiring that government authorities obtain search
warrants before accessing financial records; amending Minnesota Statutes 2014,
section 13A.02, subdivisions 1, 2; repealing Minnesota Statutes 2014, sections
13A.02, subdivision 5; 13A.04, subdivision 1.

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

Section 1.

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; new text begin or
new text end

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

deleted text begin (4) deleted text end new text begin (3) new text end 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 deleted text begin ; or deleted text end new text begin .
new text end

deleted text begin (5) the financial records are disclosed pursuant to section 609.535 or other statute or
rule.
deleted text end

Sec. 2.

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, new text begin or new text end subpoena deleted text begin , or written
certification pursuant to section 609.535, subdivision 6; 626.557; or other statute or rule,
deleted text end served on or delivered to a financial institution shows compliance on its face.

Sec. 3. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2014, sections 13A.02, subdivision 5; and 13A.04, subdivision
1, new text end new text begin are repealed.
new text end