California Assembly Bill AB1493 Introduced / Bill

 BILL NUMBER: AB 1493INTRODUCED BILL TEXT INTRODUCED BY Assembly Member Cooper FEBRUARY 27, 2015 An act to amend Section 7470 of the Government Code, relating to governmental investigations. LEGISLATIVE COUNSEL'S DIGEST AB 1493, as introduced, Cooper. Governmental investigations: financial records. Existing law generally prohibits an officer, employee, or agent of a state or local agency, in connection with a civil or criminal investigation, from requesting or receiving copies of, or the information contained in, the financial records of a customer from a financial institution unless the records are described with particularity, consistent with the scope and requirements of the investigation, and other conditions are met. This bill would make technical, nonsubstantive changes to these provisions. Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 7470 of the Government Code is amended to read: 7470. (a) Except as provided in Section 7480,  no   an  officer, employee, or agent of a state or local agency or department thereof, in connection with a civil or criminal investigation of a customer, whether or not  such   an  investigation is being conducted pursuant to formal judicial or administrative proceedings,  may   shall not  request or receive copies of, or the information contained in, the financial records of  any   a  customer from a financial institution unless the financial records are described with particularity and are consistent with the scope and requirements of the investigation giving rise to  such  the  request  and:   and any of the following apply:  (1)  Such  The  customer has authorized disclosure to such officer, employee or agent of such state or local agency or department thereof in accordance with Section  7473; or   7473.  (2)  Such   The  financial records are disclosed in response to an administrative subpoena or summons  which   that  meets the requirements of Section  7474; or   7474.  (3)  Such   The  financial records are disclosed in response to a search warrant  which   that  meets the requirements of Section  7475; or   7475.  (4)  Such   The    financial records are disclosed in response to a judicial subpoena or subpoena duces tecum  which   that  meets the requirements of Section 7476. (b) Nothing in this section or in Sections 7473, 7474, 7475, and 7476 shall require a financial institution to inquire or determine that those seeking disclosure have duly complied with the requirements set forth therein, provided only that the customer authorization, administrative subpoena or summons, search warrant, or judicial subpoena or order served on or delivered to a financial institution pursuant to  such   these  sections shows compliance on its face. (c) The financial institution shall maintain for a period of five years a record of all examinations or disclosures of the financial records of a customer pursuant to this chapter, including the identity of the person examining the financial records, the state or local agency or department thereof  which   that  he  or she  represents, and a copy of the customer authorization, subpoena, summons or search warrant providing for  such   the  examination or disclosure or a copy of the certification received pursuant to subdivision (b) of Section 7480.  Any   A  record maintained pursuant to this subdivision shall be available, within five days of request, during normal business hours for review by the customer at the office or branch where the customer's account was located when examined or disclosed. A copy of  such   the  record shall be furnished to the customer upon request and payment of the reasonable cost thereof. (d) Except as provided in Section 7480, this section is not intended to preclude a state or local law enforcement agency from initiating contact with a financial institution if there is reason to believe that the institution is a victim of a crime. After  such   this  contact by a law enforcement agency, if the financial institution believes it is a victim of a crime, it may, in its discretion, disclose relevant financial records pursuant to subdivision (c) of Section 7471.