13-2315
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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. |