BILL NUMBER: AB 1493	INTRODUCED
	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.