13-2315. Racketeering; investigation of
records; confidentiality; court enforcement; immunity;
classification
A. A custodian of the records of a financial institution as defined in section
13-2301 shall, at no expense to the financial institution, produce for inspection or
copying the records in the custody of such financial institution when requested to be
inspected by the attorney general or a county attorney authorized by the attorney
general, provided such person requesting such information signs and submits a sworn
statement to the custodian that the request is made in order to investigate racketeering
as defined by section 13-2301, subsection D, paragraph 4 or a violation of section
13-2312. Such records may be removed from the premises of the financial institution only
for the purpose of copying the records and shall be returned within forty-eight
hours. The attorney general or an authorized county attorney or any peace officer
designated by such county attorney or the attorney general shall be prohibited from using
or releasing such information except in the proper discharge of official duties. The
furnishing of records in compliance with this section by a custodian of records shall be
a bar to civil or criminal liability against such custodian or financial institution in
any action brought alleging violation of the confidentiality of such records.
B. The attorney general or the authorized county attorney may petition the superior
court for enforcement of this section in the event of noncompliance with the request for
inspection. Enforcement shall be granted if the request is reasonable and the attorney
general or the authorized county attorney has reasonable grounds to believe the records
sought to be inspected are relevant to a civil or criminal investigation of an offense
included in the definition of racketeering in section 13-2301, subsection D, paragraph 4
or a violation of section 13-2312.
C. The investigation authority granted pursuant to the provisions of this section
may not be exercised by a county attorney in the absence of authorization by the attorney
general.
D. Nothing in this section precludes a financial institution or an officer,
employee or agent of a financial institution from notifying the attorney general or a
county attorney of information which may be relevant to a possible racketeering
violation. A person who reports the information to the attorney general or a county
attorney is immune from civil liability for the release of the information.
E. Any person releasing information obtained pursuant to this section, except in
the proper discharge of official duties, is guilty of a class 2 misdemeanor.
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