7470. (a) Except as provided in Section 7480, no 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 investigation is being conducted pursuant to
formal judicial or administrative proceedings, may request or receive
copies of, or the information contained in, the financial records of
any 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
request and:
(1) Such 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
(2) Such financial records are disclosed in response to an
administrative subpoena or summons which meets the requirements of
Section 7474; or
(3) Such financial records are disclosed in response to a search
warrant which meets the requirements of Section 7475; or
(4) Such financial records are disclosed in response to a judicial
subpoena or subpoena duces tecum which 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 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 he represents, and a copy of
the customer authorization, subpoena, summons or search warrant
providing for such examination or disclosure or a copy of the
certification received pursuant to subdivision (b) of Section 7480.
Any 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
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
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.
7471. (a) Except in accordance with requirements of Title 11
(commencing with Section 14160) of Part 4 of the Penal Code or
Section 7473, 7474, 7475, or 7476, no financial institution, or any
director, officer, employee, or agent of a financial institution, may
provide or authorize another to provide to an officer, employee, or
agent of a state or local agency or department thereof, any financial
records, copies thereof, or the information contained therein, if
the director, officer, employee, or agent of the financial
institution knows or has reasonable cause to believe that the
financial records or information are being requested in connection
with a civil or criminal investigation of the customer, whether or
not an investigation is being conducted pursuant to formal judicial
or administrative proceedings.
(b) This section is not intended to prohibit disclosure of the
financial records of a customer or the information contained therein
incidental to a transaction in the normal course of business of a
financial institution if the director, officer, employee, or agent
thereof making or authorizing the disclosure has no reasonable cause
to believe that the financial records or the information contained in
the financial records so disclosed will be used by a state or local
agency or department thereof in connection with an investigation of
the customer, whether or not an investigation is being conducted
pursuant to formal judicial or administrative proceedings.
(c) This section shall not preclude a financial institution, in
its discretion, from initiating contact with, and thereafter
communicating with and disclosing customer financial records to,
appropriate state or local agencies concerning suspected violation of
any law.
(d) A financial institution that refuses to disclose the financial
records of a customer, copies thereof, or the information contained
therein, in reliance in good faith upon the prohibitions of
subdivision (a), or discloses the financial records of a customer,
copies thereof, or the information contained therein, in reliance in
good faith upon subdivision (c), subdivision (d) of Section 7470, or
subdivision (b) of Section 14164 of the Penal Code, shall not be
liable to its customer, to a state or local agency, or to any other
person for any loss or damage caused in whole or in part by the
refusal or the disclosure.
7473. (a) A customer may authorize disclosure under paragraph (1)
of subdivision (a) of Section 7470 if those seeking disclosure
furnish to the financial institution a signed and dated statement by
which the customer:
(1) Authorizes such disclosure for a period to be set forth in the
authorization statement;
(2) Specifies the name of the agency or department to which
disclosure is authorized and, if applicable, the statutory purpose
for which the information is to be obtained; and
(3) Identifies the financial records which are authorized to be
disclosed.
(b) No such authorization shall be required by a financial
institution as a condition of doing business with such financial
institution.
(c) Any officer, employee or agent of a state or local agency
seeking customer authorization for disclosure of customer financial
records shall include in the form which the customer signs granting
authorization written notification that the customer has the right at
any time to revoke such authorization, except where such
authorization is required by statute.
(d) (1) An agency or department examining the financial records of
a customer pursuant to this section shall notify the customer in
writing of such examination within 30 days of the agency or
department's receipt of any of the customer's financial records,
except that by application to a judge of a court of competent
jurisdiction in the county in which the records are located upon a
showing of good cause to believe that disclosure would impede the
investigation, such notification requirements may be extended for two
additional 30-day periods. Thereafter, by application to a court
upon a showing of extreme necessity for nondisclosure, such
notification requirements may be extended for three additional 30-day
periods. At the end of that period or periods the agency or
department shall inform the customer that he has the right to make a
written request as to the reason for such examination. Such notice
shall specify the financial records which were examined and, if
requested, the reason for such examination.
(2) Wherever practicable, an application for an additional
extension of notification time shall be made to the judge who granted
the first extension of notification time. In deciding whether to
grant an extension of the notification time, the judge shall endeavor
to provide the customer with prompt notification, consistent with
the purpose of this chapter, and on the presumption that prompt
notification is the rule and delayed notification the exception.
7474. (a) An officer, employee, or agent of a state or local agency
or department thereof, may obtain financial records under paragraph
(2) of subdivision (a) of Section 7470 pursuant to an administrative
subpoena or summons otherwise authorized by law and served upon the
financial institution only if:
(1) The person issuing such administrative summons or subpoena has
served a copy of the subpoena or summons on the customer pursuant to
Chapter 4 (commencing with Section 413.10) of Title 5 of Part 2 of
the Code of Civil Procedure, which copy may be served by an employee
of the state or local agency or department thereof; and
(2) The subpoena or summons includes the name of the agency or
department in whose name the subpoena or summons is issued and the
statutory purpose for which the information is to be obtained; and
(3) Ten days after service pass without the customer giving notice
to the financial institution that the customer has moved to quash
the subpoena.
(b) (1) In issuing an administrative subpoena or summons pursuant
to subdivision (a), the Attorney General or the Commissioner of
Corporations pursuant to the enforcement of statutes within his
jurisdiction, or the district attorney of any county in connection
with investigations of violations of antitrust law as authorized by
Section 16759 of the Business and Professions Code, may petition a
court of competent jurisdiction in the county in which the records
are located, and the court, upon a showing of a reasonable inference
that a law subject to the jurisdiction of the petitioning agency has
been or is about to be violated, may order that service upon the
customer pursuant to paragraph (1) of subdivision (a) and the 10-day
period provided for in paragraph (3) of subdivision (a) be waived or
shortened. For the purpose of this subdivision, an "inference" is a
deduction that may reasonably be drawn by the Attorney General, the
Commissioner of Corporations, or the district attorney from facts
relevant to the investigation.
(2) Such petition may be presented to the court in person or by
telephoned oral statement which shall be recorded and transcribed. In
the case of telephonic petition, the recording of the sworn oral
statement and the transcribed statement shall be certified by the
magistrate receiving it and shall be filed with the clerk of the
court.
(3) Where the court grants such petition, the court shall order
the petitioning agency to notify the customer in writing of the
examination of records within a period to be determined by the court
but not to exceed 60 days of the agency's receipt of any of the
customer's financial records. The notice shall specify the
information otherwise required by paragraph (2) of subdivision (a),
and shall also specify the financial records which were examined
pursuant to the administrative subpoena or summons. Upon renewed
petition, the time of notification may be extended for an additional
30-day period upon good cause to believe that such notification would
impede the investigation. Thereafter, by application to a court upon
a showing of extreme necessity for continued withholding of
notification, such notification requirements may be extended for
three additional 30-day periods.
(4) The Attorney General shall not provide financial records
obtained pursuant to the procedure authorized in this subdivision to
a local law enforcement agency unless (i) that agency has
independently obtained authorization to receive such financial
records pursuant to the provisions of this chapter, or (ii) he
obtains such records in an investigation conducted wholly
independently of the local agency and not at its instigation or
request.
(c) Except as provided in this subdivision, nothing in this
chapter shall preclude a financial institution from notifying a
customer of the receipt of an administrative summons or subpoena. A
court may order a financial institution to withhold notification to a
customer of the receipt of an administrative summons or subpoena
when the court issues an order pursuant to subdivision (b) and makes
a finding that notice to the customer by the financial institution
would impede the investigation.
(d) If a customer files a motion to quash an administrative
subpoena or summons issued pursuant to subdivision (a), such
proceedings shall be afforded priority on the court calendar and the
matter shall be heard within 10 days from the filing of the motion to
quash.
7475. An officer, employee, or agent of a state or local agency or
department thereof, may obtain financial records under paragraph (3)
of subdivision (a) of Section 7470 only if he obtains a search
warrant pursuant to Chapter 3 (commencing with Section 1523) of Title
12 of Part 2 of the Penal Code. Examination of financial records may
occur as soon as the warrant is served on the financial institution.
Nothing in this chapter shall preclude a financial institution from
notifying a customer of the receipt of a search warrant, unless a
court orders the financial institution to withhold notification to
the customer upon a finding that such notice would impede the
investigation.
The financial records sought pursuant to this section by a search
warrant shall be made available to an officer, employee, or agent of
a state or local agency or department thereof within 10 days after
the warrant is served on the financial institution unless prior to
the expiration of such 10 days such institution makes a written
showing to the court that issued the warrant that the records cannot
reasonably be made available within the 10 days and that an
additional period of time is required to make the records available.
Upon such showing the court shall extend the period of time within
which the records must be made available to whatever period of time
is reasonably necessary.
7476. (a) Except as provided in subdivisions (b) and (c), an
officer, employee, or agent of a state or local agency or department
thereof, may obtain financial records under paragraph (4) of
subdivision (a) of Section 7470 pursuant to a judicial subpoena or
subpoena duces tecum only if:
(1) The subpoena or subpoena duces tecum is issued and served upon
the financial institution and the customer in compliance with
Chapter 2 (commencing with Section 1985) of Title 3 of Part 4 of the
Code of Civil Procedure and the requirements of paragraph (2) or (3)
have been met. In the event actual service on the customer has not
been made prior to the time the financial records are required to be
produced in response to a subpoena or subpoena duces tecum the court
shall, prior to turning over any records to the agency, and upon good
cause shown, make a finding that due diligence has been exercised by
the agency in its attempt to effect such service; and
(2) Ten days after service have passed without the customer giving
notice to the financial institution that the customer has moved to
quash the subpoena. If testimony is to be taken, or financial records
produced, before a court, the 10-day period provided for in this
subdivision may be shortened by the court upon a showing of good
cause. The court shall direct that all reasonable measures be taken
to notify the customer within the time so shortened. The motion to
quash the subpoena must be made, whenever practicable, in the
judicial proceeding pending before the court; or
(3) A judge or magistrate in a judicial proceeding to which the
customer is a party rules that the subpoena should not be quashed.
Nothing in this paragraph is intended to preclude appellate remedies
which may be available under existing law.
(b) (1) A deputy district attorney, deputy attorney general, or
other person authorized to present evidence to a grand jury in a
criminal investigation before a grand jury, or scheduled to be
presented to a grand jury, may obtain financial records for return to
the grand jury pursuant to a judicial subpoena duces tecum which,
upon a written showing to a judge of the superior court that there
exists a reasonable inference that a crime within the jurisdiction of
the grand jury has been committed and that the financial records
sought are reasonably necessary to the jury's investigation of that
crime, is personally signed and issued by a judge of the superior
court, and meets one of the following:
(A) The subpoena is issued and served upon the financial
institution and the customer and 10 days after service have passed
without the customer giving notice to the financial institution that
the customer has moved to quash the subpoena. In the event actual
service on the customer has not been made prior to the time the
financial records are required to be produced in response to a
subpoena duces tecum the court shall, prior to turning over any
records to the grand jury, and upon good cause shown, make a finding
that due diligence has been exercised by the grand jury in its
attempt to effect this service. The 10-day period provided for in
this subparagraph may be shortened by the court upon a showing of
good cause. The court shall direct that all reasonable measures be
taken to notify the customer within the time so shortened. The motion
to quash the subpoena must be made wherever practicable before the
judge who issued the subpoena.
(B) A judge rules in a judicial proceeding to which the customer
is a party that the subpoena should not be quashed. Nothing in this
subparagraph is intended to preclude appellate remedies that may be
available under existing law.
(C) A court orders the financial institution and the grand jury to
withhold notification to the customer for 30 days from the date of
receipt of the judicial subpoena duces tecum after making a finding
upon a written showing that notice to the customer by the financial
institution and the grand jury would impede the investigation by the
grand jury. The withholding of this notification may be extended for
additional 30-day periods up to the end of the term of the grand jury
or the filing of a criminal complaint if a court makes a finding
upon a written showing, at the time of each extension, that notice to
the customer by the financial institution and the grand jury would
impede the investigation by the grand jury. Whenever practicable, any
application for an extension of time shall be made to the judge who
issued the subpoena duces tecum.
(2) For the purpose of this subdivision, an "inference" is a
deduction that may be reasonably drawn by the judge of the superior
court from facts relevant to the investigation.
(3) If notification was withheld from the customer pursuant to
subparagraph (C) of paragraph (1), the state or local agency that
made the presentation to the grand jury shall notify the customer in
writing after the criminal investigation is terminated without the
return of an indictment, or a filing of a criminal complaint. The
notice shall specify the financial records that were examined and the
reason for this examination. At the time of the notification to the
customer, the state or local agency shall notify the financial
institution of the notification to its customer. The financial
institution shall not have a further obligation to notify its
customer of the judicial subpoena duces tecum and the disclosure of
records pursuant to the subpoena duces tecum.
(4) Any showing that is required to be made pursuant to this
subdivision, as well as the court record of any finding made pursuant
to this showing, shall be sealed until one person named in the
indictment or the criminal complaint to which the showing related has
been arrested, or until the termination of the criminal
investigation without the return of an indictment or the filing of a
criminal complaint. However, a court may unseal a showing and court
record relating thereto on a written showing of good cause and upon
service of that showing upon the grand jury and the expiration of 10
days after service without the grand jury giving notice to the court
that the jury moves for an in camera hearing regarding the existence
of good cause. If notice is given by the grand jury the court shall
conduct an in camera hearing upon any terms and with any persons
present that the court deems proper. At the conclusion of the in
camera hearing, the court, if it finds that good cause exists, may
order the showing and court record relating thereto to be unsealed
upon any terms that it deems proper.
(c) In any criminal case in which an accusatory pleading is on
file charging a violation of Section 476a of the Penal Code, an
officer, employee, or agent of a state or local agency or department
thereof, may obtain financial records under paragraph (4) of
subdivision (a) of Section 7470 pursuant to a judicial subpoena or
subpoena duces tecum to be returned to the court issuing the subpoena
or the subpoena duces tecum only if:
(1) The financial records to be produced are of the bank account
or accounts as to which the defendant is alleged to have violated
Section 476a of the Penal Code;
(2) The subpoena or subpoena duces tecum is issued and served upon
the financial institution in compliance with Chapter 2 (commencing
with Section 1985) of Title 3 of Part 4 of the Code of Civil
Procedure; and
(3) The records are to be produced at a preliminary hearing or
trial at which the defendant will have the opportunity to move to
quash the subpoena or subpoena duces tecum prior to the disclosure of
any information contained within said records, and to move to
suppress any portion of the records which the court finds irrelevant
to the charges.
7470. (a) Except as provided in Section 7480, no 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 investigation is being conducted pursuant to
formal judicial or administrative proceedings, may request or receive
copies of, or the information contained in, the financial records of
any 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
request and:
(1) Such 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
(2) Such financial records are disclosed in response to an
administrative subpoena or summons which meets the requirements of
Section 7474; or
(3) Such financial records are disclosed in response to a search
warrant which meets the requirements of Section 7475; or
(4) Such financial records are disclosed in response to a judicial
subpoena or subpoena duces tecum which 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 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 he represents, and a copy of
the customer authorization, subpoena, summons or search warrant
providing for such examination or disclosure or a copy of the
certification received pursuant to subdivision (b) of Section 7480.
Any 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
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
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.
7471. (a) Except in accordance with requirements of Title 11
(commencing with Section 14160) of Part 4 of the Penal Code or
Section 7473, 7474, 7475, or 7476, no financial institution, or any
director, officer, employee, or agent of a financial institution, may
provide or authorize another to provide to an officer, employee, or
agent of a state or local agency or department thereof, any financial
records, copies thereof, or the information contained therein, if
the director, officer, employee, or agent of the financial
institution knows or has reasonable cause to believe that the
financial records or information are being requested in connection
with a civil or criminal investigation of the customer, whether or
not an investigation is being conducted pursuant to formal judicial
or administrative proceedings.
(b) This section is not intended to prohibit disclosure of the
financial records of a customer or the information contained therein
incidental to a transaction in the normal course of business of a
financial institution if the director, officer, employee, or agent
thereof making or authorizing the disclosure has no reasonable cause
to believe that the financial records or the information contained in
the financial records so disclosed will be used by a state or local
agency or department thereof in connection with an investigation of
the customer, whether or not an investigation is being conducted
pursuant to formal judicial or administrative proceedings.
(c) This section shall not preclude a financial institution, in
its discretion, from initiating contact with, and thereafter
communicating with and disclosing customer financial records to,
appropriate state or local agencies concerning suspected violation of
any law.
(d) A financial institution that refuses to disclose the financial
records of a customer, copies thereof, or the information contained
therein, in reliance in good faith upon the prohibitions of
subdivision (a), or discloses the financial records of a customer,
copies thereof, or the information contained therein, in reliance in
good faith upon subdivision (c), subdivision (d) of Section 7470, or
subdivision (b) of Section 14164 of the Penal Code, shall not be
liable to its customer, to a state or local agency, or to any other
person for any loss or damage caused in whole or in part by the
refusal or the disclosure.
7473. (a) A customer may authorize disclosure under paragraph (1)
of subdivision (a) of Section 7470 if those seeking disclosure
furnish to the financial institution a signed and dated statement by
which the customer:
(1) Authorizes such disclosure for a period to be set forth in the
authorization statement;
(2) Specifies the name of the agency or department to which
disclosure is authorized and, if applicable, the statutory purpose
for which the information is to be obtained; and
(3) Identifies the financial records which are authorized to be
disclosed.
(b) No such authorization shall be required by a financial
institution as a condition of doing business with such financial
institution.
(c) Any officer, employee or agent of a state or local agency
seeking customer authorization for disclosure of customer financial
records shall include in the form which the customer signs granting
authorization written notification that the customer has the right at
any time to revoke such authorization, except where such
authorization is required by statute.
(d) (1) An agency or department examining the financial records of
a customer pursuant to this section shall notify the customer in
writing of such examination within 30 days of the agency or
department's receipt of any of the customer's financial records,
except that by application to a judge of a court of competent
jurisdiction in the county in which the records are located upon a
showing of good cause to believe that disclosure would impede the
investigation, such notification requirements may be extended for two
additional 30-day periods. Thereafter, by application to a court
upon a showing of extreme necessity for nondisclosure, such
notification requirements may be extended for three additional 30-day
periods. At the end of that period or periods the agency or
department shall inform the customer that he has the right to make a
written request as to the reason for such examination. Such notice
shall specify the financial records which were examined and, if
requested, the reason for such examination.
(2) Wherever practicable, an application for an additional
extension of notification time shall be made to the judge who granted
the first extension of notification time. In deciding whether to
grant an extension of the notification time, the judge shall endeavor
to provide the customer with prompt notification, consistent with
the purpose of this chapter, and on the presumption that prompt
notification is the rule and delayed notification the exception.
7474. (a) An officer, employee, or agent of a state or local agency
or department thereof, may obtain financial records under paragraph
(2) of subdivision (a) of Section 7470 pursuant to an administrative
subpoena or summons otherwise authorized by law and served upon the
financial institution only if:
(1) The person issuing such administrative summons or subpoena has
served a copy of the subpoena or summons on the customer pursuant to
Chapter 4 (commencing with Section 413.10) of Title 5 of Part 2 of
the Code of Civil Procedure, which copy may be served by an employee
of the state or local agency or department thereof; and
(2) The subpoena or summons includes the name of the agency or
department in whose name the subpoena or summons is issued and the
statutory purpose for which the information is to be obtained; and
(3) Ten days after service pass without the customer giving notice
to the financial institution that the customer has moved to quash
the subpoena.
(b) (1) In issuing an administrative subpoena or summons pursuant
to subdivision (a), the Attorney General or the Commissioner of
Corporations pursuant to the enforcement of statutes within his
jurisdiction, or the district attorney of any county in connection
with investigations of violations of antitrust law as authorized by
Section 16759 of the Business and Professions Code, may petition a
court of competent jurisdiction in the county in which the records
are located, and the court, upon a showing of a reasonable inference
that a law subject to the jurisdiction of the petitioning agency has
been or is about to be violated, may order that service upon the
customer pursuant to paragraph (1) of subdivision (a) and the 10-day
period provided for in paragraph (3) of subdivision (a) be waived or
shortened. For the purpose of this subdivision, an "inference" is a
deduction that may reasonably be drawn by the Attorney General, the
Commissioner of Corporations, or the district attorney from facts
relevant to the investigation.
(2) Such petition may be presented to the court in person or by
telephoned oral statement which shall be recorded and transcribed. In
the case of telephonic petition, the recording of the sworn oral
statement and the transcribed statement shall be certified by the
magistrate receiving it and shall be filed with the clerk of the
court.
(3) Where the court grants such petition, the court shall order
the petitioning agency to notify the customer in writing of the
examination of records within a period to be determined by the court
but not to exceed 60 days of the agency's receipt of any of the
customer's financial records. The notice shall specify the
information otherwise required by paragraph (2) of subdivision (a),
and shall also specify the financial records which were examined
pursuant to the administrative subpoena or summons. Upon renewed
petition, the time of notification may be extended for an additional
30-day period upon good cause to believe that such notification would
impede the investigation. Thereafter, by application to a court upon
a showing of extreme necessity for continued withholding of
notification, such notification requirements may be extended for
three additional 30-day periods.
(4) The Attorney General shall not provide financial records
obtained pursuant to the procedure authorized in this subdivision to
a local law enforcement agency unless (i) that agency has
independently obtained authorization to receive such financial
records pursuant to the provisions of this chapter, or (ii) he
obtains such records in an investigation conducted wholly
independently of the local agency and not at its instigation or
request.
(c) Except as provided in this subdivision, nothing in this
chapter shall preclude a financial institution from notifying a
customer of the receipt of an administrative summons or subpoena. A
court may order a financial institution to withhold notification to a
customer of the receipt of an administrative summons or subpoena
when the court issues an order pursuant to subdivision (b) and makes
a finding that notice to the customer by the financial institution
would impede the investigation.
(d) If a customer files a motion to quash an administrative
subpoena or summons issued pursuant to subdivision (a), such
proceedings shall be afforded priority on the court calendar and the
matter shall be heard within 10 days from the filing of the motion to
quash.
7475. An officer, employee, or agent of a state or local agency or
department thereof, may obtain financial records under paragraph (3)
of subdivision (a) of Section 7470 only if he obtains a search
warrant pursuant to Chapter 3 (commencing with Section 1523) of Title
12 of Part 2 of the Penal Code. Examination of financial records may
occur as soon as the warrant is served on the financial institution.
Nothing in this chapter shall preclude a financial institution from
notifying a customer of the receipt of a search warrant, unless a
court orders the financial institution to withhold notification to
the customer upon a finding that such notice would impede the
investigation.
The financial records sought pursuant to this section by a search
warrant shall be made available to an officer, employee, or agent of
a state or local agency or department thereof within 10 days after
the warrant is served on the financial institution unless prior to
the expiration of such 10 days such institution makes a written
showing to the court that issued the warrant that the records cannot
reasonably be made available within the 10 days and that an
additional period of time is required to make the records available.
Upon such showing the court shall extend the period of time within
which the records must be made available to whatever period of time
is reasonably necessary.
7476. (a) Except as provided in subdivisions (b) and (c), an
officer, employee, or agent of a state or local agency or department
thereof, may obtain financial records under paragraph (4) of
subdivision (a) of Section 7470 pursuant to a judicial subpoena or
subpoena duces tecum only if:
(1) The subpoena or subpoena duces tecum is issued and served upon
the financial institution and the customer in compliance with
Chapter 2 (commencing with Section 1985) of Title 3 of Part 4 of the
Code of Civil Procedure and the requirements of paragraph (2) or (3)
have been met. In the event actual service on the customer has not
been made prior to the time the financial records are required to be
produced in response to a subpoena or subpoena duces tecum the court
shall, prior to turning over any records to the agency, and upon good
cause shown, make a finding that due diligence has been exercised by
the agency in its attempt to effect such service; and
(2) Ten days after service have passed without the customer giving
notice to the financial institution that the customer has moved to
quash the subpoena. If testimony is to be taken, or financial records
produced, before a court, the 10-day period provided for in this
subdivision may be shortened by the court upon a showing of good
cause. The court shall direct that all reasonable measures be taken
to notify the customer within the time so shortened. The motion to
quash the subpoena must be made, whenever practicable, in the
judicial proceeding pending before the court; or
(3) A judge or magistrate in a judicial proceeding to which the
customer is a party rules that the subpoena should not be quashed.
Nothing in this paragraph is intended to preclude appellate remedies
which may be available under existing law.
(b) (1) A deputy district attorney, deputy attorney general, or
other person authorized to present evidence to a grand jury in a
criminal investigation before a grand jury, or scheduled to be
presented to a grand jury, may obtain financial records for return to
the grand jury pursuant to a judicial subpoena duces tecum which,
upon a written showing to a judge of the superior court that there
exists a reasonable inference that a crime within the jurisdiction of
the grand jury has been committed and that the financial records
sought are reasonably necessary to the jury's investigation of that
crime, is personally signed and issued by a judge of the superior
court, and meets one of the following:
(A) The subpoena is issued and served upon the financial
institution and the customer and 10 days after service have passed
without the customer giving notice to the financial institution that
the customer has moved to quash the subpoena. In the event actual
service on the customer has not been made prior to the time the
financial records are required to be produced in response to a
subpoena duces tecum the court shall, prior to turning over any
records to the grand jury, and upon good cause shown, make a finding
that due diligence has been exercised by the grand jury in its
attempt to effect this service. The 10-day period provided for in
this subparagraph may be shortened by the court upon a showing of
good cause. The court shall direct that all reasonable measures be
taken to notify the customer within the time so shortened. The motion
to quash the subpoena must be made wherever practicable before the
judge who issued the subpoena.
(B) A judge rules in a judicial proceeding to which the customer
is a party that the subpoena should not be quashed. Nothing in this
subparagraph is intended to preclude appellate remedies that may be
available under existing law.
(C) A court orders the financial institution and the grand jury to
withhold notification to the customer for 30 days from the date of
receipt of the judicial subpoena duces tecum after making a finding
upon a written showing that notice to the customer by the financial
institution and the grand jury would impede the investigation by the
grand jury. The withholding of this notification may be extended for
additional 30-day periods up to the end of the term of the grand jury
or the filing of a criminal complaint if a court makes a finding
upon a written showing, at the time of each extension, that notice to
the customer by the financial institution and the grand jury would
impede the investigation by the grand jury. Whenever practicable, any
application for an extension of time shall be made to the judge who
issued the subpoena duces tecum.
(2) For the purpose of this subdivision, an "inference" is a
deduction that may be reasonably drawn by the judge of the superior
court from facts relevant to the investigation.
(3) If notification was withheld from the customer pursuant to
subparagraph (C) of paragraph (1), the state or local agency that
made the presentation to the grand jury shall notify the customer in
writing after the criminal investigation is terminated without the
return of an indictment, or a filing of a criminal complaint. The
notice shall specify the financial records that were examined and the
reason for this examination. At the time of the notification to the
customer, the state or local agency shall notify the financial
institution of the notification to its customer. The financial
institution shall not have a further obligation to notify its
customer of the judicial subpoena duces tecum and the disclosure of
records pursuant to the subpoena duces tecum.
(4) Any showing that is required to be made pursuant to this
subdivision, as well as the court record of any finding made pursuant
to this showing, shall be sealed until one person named in the
indictment or the criminal complaint to which the showing related has
been arrested, or until the termination of the criminal
investigation without the return of an indictment or the filing of a
criminal complaint. However, a court may unseal a showing and court
record relating thereto on a written showing of good cause and upon
service of that showing upon the grand jury and the expiration of 10
days after service without the grand jury giving notice to the court
that the jury moves for an in camera hearing regarding the existence
of good cause. If notice is given by the grand jury the court shall
conduct an in camera hearing upon any terms and with any persons
present that the court deems proper. At the conclusion of the in
camera hearing, the court, if it finds that good cause exists, may
order the showing and court record relating thereto to be unsealed
upon any terms that it deems proper.
(c) In any criminal case in which an accusatory pleading is on
file charging a violation of Section 476a of the Penal Code, an
officer, employee, or agent of a state or local agency or department
thereof, may obtain financial records under paragraph (4) of
subdivision (a) of Section 7470 pursuant to a judicial subpoena or
subpoena duces tecum to be returned to the court issuing the subpoena
or the subpoena duces tecum only if:
(1) The financial records to be produced are of the bank account
or accounts as to which the defendant is alleged to have violated
Section 476a of the Penal Code;
(2) The subpoena or subpoena duces tecum is issued and served upon
the financial institution in compliance with Chapter 2 (commencing
with Section 1985) of Title 3 of Part 4 of the Code of Civil
Procedure; and
(3) The records are to be produced at a preliminary hearing or
trial at which the defendant will have the opportunity to move to
quash the subpoena or subpoena duces tecum prior to the disclosure of
any information contained within said records, and to move to
suppress any portion of the records which the court finds irrelevant
to the charges.
7470. (a) Except as provided in Section 7480, no 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 investigation is being conducted pursuant to
formal judicial or administrative proceedings, may request or receive
copies of, or the information contained in, the financial records of
any 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
request and:
(1) Such 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
(2) Such financial records are disclosed in response to an
administrative subpoena or summons which meets the requirements of
Section 7474; or
(3) Such financial records are disclosed in response to a search
warrant which meets the requirements of Section 7475; or
(4) Such financial records are disclosed in response to a judicial
subpoena or subpoena duces tecum which 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 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 he represents, and a copy of
the customer authorization, subpoena, summons or search warrant
providing for such examination or disclosure or a copy of the
certification received pursuant to subdivision (b) of Section 7480.
Any 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
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
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.
7471. (a) Except in accordance with requirements of Title 11
(commencing with Section 14160) of Part 4 of the Penal Code or
Section 7473, 7474, 7475, or 7476, no financial institution, or any
director, officer, employee, or agent of a financial institution, may
provide or authorize another to provide to an officer, employee, or
agent of a state or local agency or department thereof, any financial
records, copies thereof, or the information contained therein, if
the director, officer, employee, or agent of the financial
institution knows or has reasonable cause to believe that the
financial records or information are being requested in connection
with a civil or criminal investigation of the customer, whether or
not an investigation is being conducted pursuant to formal judicial
or administrative proceedings.
(b) This section is not intended to prohibit disclosure of the
financial records of a customer or the information contained therein
incidental to a transaction in the normal course of business of a
financial institution if the director, officer, employee, or agent
thereof making or authorizing the disclosure has no reasonable cause
to believe that the financial records or the information contained in
the financial records so disclosed will be used by a state or local
agency or department thereof in connection with an investigation of
the customer, whether or not an investigation is being conducted
pursuant to formal judicial or administrative proceedings.
(c) This section shall not preclude a financial institution, in
its discretion, from initiating contact with, and thereafter
communicating with and disclosing customer financial records to,
appropriate state or local agencies concerning suspected violation of
any law.
(d) A financial institution that refuses to disclose the financial
records of a customer, copies thereof, or the information contained
therein, in reliance in good faith upon the prohibitions of
subdivision (a), or discloses the financial records of a customer,
copies thereof, or the information contained therein, in reliance in
good faith upon subdivision (c), subdivision (d) of Section 7470, or
subdivision (b) of Section 14164 of the Penal Code, shall not be
liable to its customer, to a state or local agency, or to any other
person for any loss or damage caused in whole or in part by the
refusal or the disclosure.
7473. (a) A customer may authorize disclosure under paragraph (1)
of subdivision (a) of Section 7470 if those seeking disclosure
furnish to the financial institution a signed and dated statement by
which the customer:
(1) Authorizes such disclosure for a period to be set forth in the
authorization statement;
(2) Specifies the name of the agency or department to which
disclosure is authorized and, if applicable, the statutory purpose
for which the information is to be obtained; and
(3) Identifies the financial records which are authorized to be
disclosed.
(b) No such authorization shall be required by a financial
institution as a condition of doing business with such financial
institution.
(c) Any officer, employee or agent of a state or local agency
seeking customer authorization for disclosure of customer financial
records shall include in the form which the customer signs granting
authorization written notification that the customer has the right at
any time to revoke such authorization, except where such
authorization is required by statute.
(d) (1) An agency or department examining the financial records of
a customer pursuant to this section shall notify the customer in
writing of such examination within 30 days of the agency or
department's receipt of any of the customer's financial records,
except that by application to a judge of a court of competent
jurisdiction in the county in which the records are located upon a
showing of good cause to believe that disclosure would impede the
investigation, such notification requirements may be extended for two
additional 30-day periods. Thereafter, by application to a court
upon a showing of extreme necessity for nondisclosure, such
notification requirements may be extended for three additional 30-day
periods. At the end of that period or periods the agency or
department shall inform the customer that he has the right to make a
written request as to the reason for such examination. Such notice
shall specify the financial records which were examined and, if
requested, the reason for such examination.
(2) Wherever practicable, an application for an additional
extension of notification time shall be made to the judge who granted
the first extension of notification time. In deciding whether to
grant an extension of the notification time, the judge shall endeavor
to provide the customer with prompt notification, consistent with
the purpose of this chapter, and on the presumption that prompt
notification is the rule and delayed notification the exception.
7474. (a) An officer, employee, or agent of a state or local agency
or department thereof, may obtain financial records under paragraph
(2) of subdivision (a) of Section 7470 pursuant to an administrative
subpoena or summons otherwise authorized by law and served upon the
financial institution only if:
(1) The person issuing such administrative summons or subpoena has
served a copy of the subpoena or summons on the customer pursuant to
Chapter 4 (commencing with Section 413.10) of Title 5 of Part 2 of
the Code of Civil Procedure, which copy may be served by an employee
of the state or local agency or department thereof; and
(2) The subpoena or summons includes the name of the agency or
department in whose name the subpoena or summons is issued and the
statutory purpose for which the information is to be obtained; and
(3) Ten days after service pass without the customer giving notice
to the financial institution that the customer has moved to quash
the subpoena.
(b) (1) In issuing an administrative subpoena or summons pursuant
to subdivision (a), the Attorney General or the Commissioner of
Corporations pursuant to the enforcement of statutes within his
jurisdiction, or the district attorney of any county in connection
with investigations of violations of antitrust law as authorized by
Section 16759 of the Business and Professions Code, may petition a
court of competent jurisdiction in the county in which the records
are located, and the court, upon a showing of a reasonable inference
that a law subject to the jurisdiction of the petitioning agency has
been or is about to be violated, may order that service upon the
customer pursuant to paragraph (1) of subdivision (a) and the 10-day
period provided for in paragraph (3) of subdivision (a) be waived or
shortened. For the purpose of this subdivision, an "inference" is a
deduction that may reasonably be drawn by the Attorney General, the
Commissioner of Corporations, or the district attorney from facts
relevant to the investigation.
(2) Such petition may be presented to the court in person or by
telephoned oral statement which shall be recorded and transcribed. In
the case of telephonic petition, the recording of the sworn oral
statement and the transcribed statement shall be certified by the
magistrate receiving it and shall be filed with the clerk of the
court.
(3) Where the court grants such petition, the court shall order
the petitioning agency to notify the customer in writing of the
examination of records within a period to be determined by the court
but not to exceed 60 days of the agency's receipt of any of the
customer's financial records. The notice shall specify the
information otherwise required by paragraph (2) of subdivision (a),
and shall also specify the financial records which were examined
pursuant to the administrative subpoena or summons. Upon renewed
petition, the time of notification may be extended for an additional
30-day period upon good cause to believe that such notification would
impede the investigation. Thereafter, by application to a court upon
a showing of extreme necessity for continued withholding of
notification, such notification requirements may be extended for
three additional 30-day periods.
(4) The Attorney General shall not provide financial records
obtained pursuant to the procedure authorized in this subdivision to
a local law enforcement agency unless (i) that agency has
independently obtained authorization to receive such financial
records pursuant to the provisions of this chapter, or (ii) he
obtains such records in an investigation conducted wholly
independently of the local agency and not at its instigation or
request.
(c) Except as provided in this subdivision, nothing in this
chapter shall preclude a financial institution from notifying a
customer of the receipt of an administrative summons or subpoena. A
court may order a financial institution to withhold notification to a
customer of the receipt of an administrative summons or subpoena
when the court issues an order pursuant to subdivision (b) and makes
a finding that notice to the customer by the financial institution
would impede the investigation.
(d) If a customer files a motion to quash an administrative
subpoena or summons issued pursuant to subdivision (a), such
proceedings shall be afforded priority on the court calendar and the
matter shall be heard within 10 days from the filing of the motion to
quash.
7475. An officer, employee, or agent of a state or local agency or
department thereof, may obtain financial records under paragraph (3)
of subdivision (a) of Section 7470 only if he obtains a search
warrant pursuant to Chapter 3 (commencing with Section 1523) of Title
12 of Part 2 of the Penal Code. Examination of financial records may
occur as soon as the warrant is served on the financial institution.
Nothing in this chapter shall preclude a financial institution from
notifying a customer of the receipt of a search warrant, unless a
court orders the financial institution to withhold notification to
the customer upon a finding that such notice would impede the
investigation.
The financial records sought pursuant to this section by a search
warrant shall be made available to an officer, employee, or agent of
a state or local agency or department thereof within 10 days after
the warrant is served on the financial institution unless prior to
the expiration of such 10 days such institution makes a written
showing to the court that issued the warrant that the records cannot
reasonably be made available within the 10 days and that an
additional period of time is required to make the records available.
Upon such showing the court shall extend the period of time within
which the records must be made available to whatever period of time
is reasonably necessary.
7476. (a) Except as provided in subdivisions (b) and (c), an
officer, employee, or agent of a state or local agency or department
thereof, may obtain financial records under paragraph (4) of
subdivision (a) of Section 7470 pursuant to a judicial subpoena or
subpoena duces tecum only if:
(1) The subpoena or subpoena duces tecum is issued and served upon
the financial institution and the customer in compliance with
Chapter 2 (commencing with Section 1985) of Title 3 of Part 4 of the
Code of Civil Procedure and the requirements of paragraph (2) or (3)
have been met. In the event actual service on the customer has not
been made prior to the time the financial records are required to be
produced in response to a subpoena or subpoena duces tecum the court
shall, prior to turning over any records to the agency, and upon good
cause shown, make a finding that due diligence has been exercised by
the agency in its attempt to effect such service; and
(2) Ten days after service have passed without the customer giving
notice to the financial institution that the customer has moved to
quash the subpoena. If testimony is to be taken, or financial records
produced, before a court, the 10-day period provided for in this
subdivision may be shortened by the court upon a showing of good
cause. The court shall direct that all reasonable measures be taken
to notify the customer within the time so shortened. The motion to
quash the subpoena must be made, whenever practicable, in the
judicial proceeding pending before the court; or
(3) A judge or magistrate in a judicial proceeding to which the
customer is a party rules that the subpoena should not be quashed.
Nothing in this paragraph is intended to preclude appellate remedies
which may be available under existing law.
(b) (1) A deputy district attorney, deputy attorney general, or
other person authorized to present evidence to a grand jury in a
criminal investigation before a grand jury, or scheduled to be
presented to a grand jury, may obtain financial records for return to
the grand jury pursuant to a judicial subpoena duces tecum which,
upon a written showing to a judge of the superior court that there
exists a reasonable inference that a crime within the jurisdiction of
the grand jury has been committed and that the financial records
sought are reasonably necessary to the jury's investigation of that
crime, is personally signed and issued by a judge of the superior
court, and meets one of the following:
(A) The subpoena is issued and served upon the financial
institution and the customer and 10 days after service have passed
without the customer giving notice to the financial institution that
the customer has moved to quash the subpoena. In the event actual
service on the customer has not been made prior to the time the
financial records are required to be produced in response to a
subpoena duces tecum the court shall, prior to turning over any
records to the grand jury, and upon good cause shown, make a finding
that due diligence has been exercised by the grand jury in its
attempt to effect this service. The 10-day period provided for in
this subparagraph may be shortened by the court upon a showing of
good cause. The court shall direct that all reasonable measures be
taken to notify the customer within the time so shortened. The motion
to quash the subpoena must be made wherever practicable before the
judge who issued the subpoena.
(B) A judge rules in a judicial proceeding to which the customer
is a party that the subpoena should not be quashed. Nothing in this
subparagraph is intended to preclude appellate remedies that may be
available under existing law.
(C) A court orders the financial institution and the grand jury to
withhold notification to the customer for 30 days from the date of
receipt of the judicial subpoena duces tecum after making a finding
upon a written showing that notice to the customer by the financial
institution and the grand jury would impede the investigation by the
grand jury. The withholding of this notification may be extended for
additional 30-day periods up to the end of the term of the grand jury
or the filing of a criminal complaint if a court makes a finding
upon a written showing, at the time of each extension, that notice to
the customer by the financial institution and the grand jury would
impede the investigation by the grand jury. Whenever practicable, any
application for an extension of time shall be made to the judge who
issued the subpoena duces tecum.
(2) For the purpose of this subdivision, an "inference" is a
deduction that may be reasonably drawn by the judge of the superior
court from facts relevant to the investigation.
(3) If notification was withheld from the customer pursuant to
subparagraph (C) of paragraph (1), the state or local agency that
made the presentation to the grand jury shall notify the customer in
writing after the criminal investigation is terminated without the
return of an indictment, or a filing of a criminal complaint. The
notice shall specify the financial records that were examined and the
reason for this examination. At the time of the notification to the
customer, the state or local agency shall notify the financial
institution of the notification to its customer. The financial
institution shall not have a further obligation to notify its
customer of the judicial subpoena duces tecum and the disclosure of
records pursuant to the subpoena duces tecum.
(4) Any showing that is required to be made pursuant to this
subdivision, as well as the court record of any finding made pursuant
to this showing, shall be sealed until one person named in the
indictment or the criminal complaint to which the showing related has
been arrested, or until the termination of the criminal
investigation without the return of an indictment or the filing of a
criminal complaint. However, a court may unseal a showing and court
record relating thereto on a written showing of good cause and upon
service of that showing upon the grand jury and the expiration of 10
days after service without the grand jury giving notice to the court
that the jury moves for an in camera hearing regarding the existence
of good cause. If notice is given by the grand jury the court shall
conduct an in camera hearing upon any terms and with any persons
present that the court deems proper. At the conclusion of the in
camera hearing, the court, if it finds that good cause exists, may
order the showing and court record relating thereto to be unsealed
upon any terms that it deems proper.
(c) In any criminal case in which an accusatory pleading is on
file charging a violation of Section 476a of the Penal Code, an
officer, employee, or agent of a state or local agency or department
thereof, may obtain financial records under paragraph (4) of
subdivision (a) of Section 7470 pursuant to a judicial subpoena or
subpoena duces tecum to be returned to the court issuing the subpoena
or the subpoena duces tecum only if:
(1) The financial records to be produced are of the bank account
or accounts as to which the defendant is alleged to have violated
Section 476a of the Penal Code;
(2) The subpoena or subpoena duces tecum is issued and served upon
the financial institution in compliance with Chapter 2 (commencing
with Section 1985) of Title 3 of Part 4 of the Code of Civil
Procedure; and
(3) The records are to be produced at a preliminary hearing or
trial at which the defendant will have the opportunity to move to
quash the subpoena or subpoena duces tecum prior to the disclosure of
any information contained within said records, and to move to
suppress any portion of the records which the court finds irrelevant
to the charges.
