S.B. 171

1

REPEAL OF CERTAIN REPORTING BY
2 FINANCIAL INSTITUTIONS
3 2008 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Kevin T. VanTassell
6 House Sponsor: ____________
7
8 LONG TITLE
9 General Description:
10 This bill modifies the Utah Criminal Code to repeal certain provisions regarding
11 reporting.
12 Highlighted Provisions:
13 This bill:
14 . repeals reporting requirements imposed on financial institutions;
15 . addresses interceptions; and
16 . makes technical and conforming amendments.
17 Monies Appropriated in this Bill:
18 None
19 Other Special Clauses:
20 None
21 Utah Code Sections Affected:
22 AMENDS:
23 76-10-1906, as last amended by Laws of Utah 1998, Chapter 144
24 77-23a-8, as last amended by Laws of Utah 2004, Chapters 104 and 140
25 78-27-45, as last amended by Laws of Utah 1999, Chapter 184
26
27 Be it enacted by the Legislature of the state of Utah:

28 Section 1. Section 76-10-1906 is amended to read:
29 76-10-1906. Reporting by financial institutions -- Criminal and civil penalties --
30 Enforcement.
31 [(1) (a) All financial institutions in this state required to file reports under Title 31,
32 Sections 5311 through 5313, United States Code Annotated, as prescribed by 31 Code of
33 Federal Regulations Sections 103.21 and 103.22, shall file a duplicate copy of the required
34 report with the Utah Division of Investigation.]
35 [(b) All persons]
36 (1) (a) A person engaged in a trade or business, except a financial [institutions referred
37 to in Subsection (1)(a), who receive] institution, who receives more than $10,000 [in domestic
38 or foreign currency in one transaction, or who receive this amount through two or more related
39 transactions during any one business day,] as described in Subsection (1)(b) shall complete and
40 file with the [Utah Division of Investigation] State Bureau of Investigation the information
41 required by [Title 26, Section 6050I, United States Code Annotated] 26 U.S.C. Sec. 60501,
42 concerning returns relating to currency received in trade or business.
43 (b) Subsection (1)(a) applies if the person described in Subsection (1) receives more
44 than $10,000 in domestic or foreign currency:
45 (i) in one transaction; or
46 (ii) through two or more related transactions during one business day.
47 (c) [Any] A person who knowingly and intentionally fails to comply with the reporting
48 requirements of this Subsection (1) is:
49 (i) on a first conviction, guilty of a class C misdemeanor; and
50 (ii) on a second or subsequent conviction, guilty of a class A misdemeanor.
51 (d) A person is guilty of a third degree felony who knowingly and intentionally violates
52 [any part of] this Subsection (1) and the violation is committed either:
53 (i) in furtherance of the commission of any other violation of state law; or
54 (ii) as part of a pattern of illegal activity involving transactions exceeding $100,000 in
55 any 12-month period.
56 (2) (a) The [Utah Division of Investigation] State Bureau of Investigation and the
57 Office of the Attorney General:
58 (i) shall enforce compliance with Subsection (1); and

59 (ii) are custodians of and have access to all information and documents filed under
60 Subsection (1).
61 (b) The information is confidential, except [any] a law enforcement agency, county
62 attorney, or district attorney, when establishing a clear need for the information for
63 investigative purposes, shall have access to the information and shall maintain the information
64 in a confidential manner except as otherwise provided by the Utah Rules of Criminal
65 Procedure.
66 Section 2. Section 77-23a-8 is amended to read:
67 77-23a-8. Court order to authorize or approve interception -- Procedure.
68 (1) The attorney general of the state, any assistant attorney general specially designated
69 by the attorney general, any county attorney, district attorney, deputy county attorney, or deputy
70 district attorney specially designated by the county attorney or by the district attorney, may
71 authorize an application to a judge of competent jurisdiction for an order for an interception of
72 wire, electronic, or oral communications by any law enforcement agency of the state, the
73 federal government or of any political subdivision of the state that is responsible for
74 investigating the type of offense for which the application is made.
75 (2) The judge may grant the order in conformity with the required procedures when the
76 interception sought may provide or has provided evidence of the commission of:
77 (a) any act:
78 (i) prohibited by the criminal provisions of:
79 (A) Title 58, Chapter 37, Utah Controlled Substances Act;
80 (B) Title 58, Chapter 37c, Utah Controlled Substances Precursor Act; or
81 (C) Title 58, Chapter 37d, Clandestine Drug Lab Act; and
82 (ii) punishable by a term of imprisonment of more than one year;
83 (b) any act prohibited by the criminal provisions of [the] Title 61, Chapter 1, Utah
84 Uniform Securities Act and punishable by a term of imprisonment of more than one year[, Title
85 61, Chapter 1];
86 (c) an offense:
87 (i) of:
88 [(c)] (A) attempt, Section 76-4-101 ;
89 (B) conspiracy, Section 76-4-201 ;

90 (C) solicitation, Section 76-4-203 ; [to commit any of the offenses enumerated above so
91 long as the attempt, conspiracy or solicitation offense is] and
92 (ii) punishable by a term of imprisonment of more than one year;
93 (d) terroristic threat offense punishable by a maximum term of imprisonment of more
94 than one year, Section 76-5-107 ;
95 (e) (i) aggravated murder, Section 76-5-202 ;
96 (ii) murder, Section 76-5-203 ; or
97 (iii) manslaughter, Section 76-5-205 ;
98 (f) (i) kidnapping, Section 76-5-301 ;
99 (ii) child kidnapping, Section 76-5-301.1 ; or
100 (iii) aggravated kidnapping, Section 76-5-302 ;
101 (g) (i) arson, Section 76-6-102 ; or
102 (ii) aggravated arson, Section 76-6-103 ;
103 (h) (i) burglary, Section 76-6-202 ; or
104 (ii) aggravated burglary, Section 76-6-203 ;
105 (i) (i) robbery, Section 76-6-301 ; or
106 (ii) aggravated robbery, Section 76-6-302 ;
107 (j) an offense:
108 (i) of:
109 [(j)] (A) theft, Section 76-6-404 ;
110 (B) theft by deception, Section 76-6-405 ; or
111 (C) theft by extortion, Section 76-6-406 ; [when the theft, theft by deception or theft by
112 extortion, is] and
113 (ii) punishable by a maximum term of imprisonment of more than one year;
114 (k) receiving stolen property offense punishable by a maximum term of imprisonment
115 of more than one year, Section 76-6-408 ;
116 (l) a financial card transaction [offenses] offense punishable by a maximum term of
117 imprisonment of more than one year, Section 76-6-506.1 , 76-6-506.2 , 76-6-506.3 , 76-6-506.4 ,
118 76-6-506.5 , or 76-6-506.6 ;
119 (m) bribery of a labor official, Section 76-6-509 ;
120 (n) bribery or threat to influence a publicly exhibited contest, Section 76-6-514 ;

121 (o) a criminal simulation [offenses] offense punishable by a maximum term of
122 imprisonment of more than one year, Section 76-6-518 ;
123 (p) criminal usury, Section 76-6-520 ;
124 (q) a fraudulent insurance act [offenses] offense punishable by a maximum term of
125 imprisonment of more than one year, Section 76-6-521 ;
126 (r) [violations] a violation of [the] Chapter 6, Part 7, Computer Crimes Act punishable
127 by a maximum term of imprisonment of more than one year, Section 76-6-703 ;
128 (s) bribery to influence official or political actions, Section 76-8-103 ;
129 (t) misusing public moneys, Section 76-8-402 ;
130 (u) tampering with a witness or soliciting or receiving a bribe, Section 76-8-508 ;
131 (v) retaliation against a witness, victim, or informant, Section 76-8-508.3 ;
132 (w) tampering with a juror, retaliation against a juror, Section 76-8-508.5 ;
133 (x) extortion or bribery to dismiss criminal proceeding, Section 76-8-509 ;
134 (y) obstruction of justice, Section 76-8-306 ;
135 (z) destruction of property to interfere with preparation for defense or war, Section
136 76-8-802 ;
137 (aa) [attempts] an attempt to commit crimes of sabotage, Section 76-8-804 ;
138 (bb) conspiracy to commit crimes of sabotage, Section 76-8-805 ;
139 (cc) advocating criminal syndicalism or sabotage, Section 76-8-902 ;
140 (dd) assembly for advocating criminal syndicalism or sabotage, Section 76-8-903 ;
141 (ee) riot punishable by a maximum term of imprisonment of more than one year,
142 Section 76-9-101 ;
143 (ff) dog fighting, training dogs for fighting, dog fighting exhibitions punishable by a
144 maximum term of imprisonment of more than one year, Section 76-9-301.1 ;
145 (gg) explosive, chemical, or incendiary device and parts, possession, use, or removal,
146 Section 76-10-306 ;
147 (hh) explosive, chemical, or incendiary device, delivery to a common carrier or
148 mailing, Section 76-10-307 ;
149 (ii) exploiting prostitution, Section 76-10-1305 ;
150 (jj) aggravated exploitation of prostitution, Section 76-10-1306 ;
151 (kk) bus hijacking, assault with intent to commit hijacking, dangerous weapon or

152 firearm, Section 76-10-1504 ;
153 (ll) discharging firearms and hurling missiles, Section 76-10-1505 ;
154 (mm) violations of the Pattern of Unlawful Activity Act and the offenses listed under
155 the definition of unlawful activity in the act, including the offenses not punishable by a
156 maximum term of imprisonment of more than one year when those offenses are investigated as
157 predicates for the offenses prohibited by the act, Section 76-10-1602 ;
158 (nn) communications fraud, Section 76-10-1801 ;
159 (oo) money laundering, Sections 76-10-1903 and 76-10-1904 ; or
160 (pp) reporting by [financial institutions] a person engaged in a trade or business when
161 the offense is punishable by a maximum term of imprisonment of more than one year, Section
162 76-10-1906 .
163 Section 3. Section 78-27-45 is amended to read:
164 78-27-45. Financial information privacy -- Written consent or court order for
165 disclosure by financial institution -- Exception.
166 (1) As used in Sections 78-27-45 through 78-27-50.5 :
167 (a) "Financial institution" means:
168 (i) a financial institution as defined in Section 7-1-103 ; or
169 (ii) a depository institution as defined in Section 7-1-103 .
170 (b) "Governmental entity" means:
171 (i) the state, including all departments, institutions, boards, divisions, bureaus, offices,
172 commissions, committees, and elected officials; and
173 (ii) [any] a political subdivision of the state, including [any] a county, city, town,
174 school district, public transit district, redevelopment agency, special improvement, or taxing
175 district.
176 (c) "Nonprotected record" means a record maintained by the financial institution to
177 facilitate the conduct of its business regarding a person or account, including:
178 (i) the existence of an account;
179 (ii) the opening and closing dates of an account;
180 (iii) the name under which an account is held; and
181 (iv) the name, address, and telephone number of an account holder.
182 (d) "Protected record" means a record not defined as a nonprotected record; and

183 (e) "Record" means information that is:
184 (i) prepared, owned, received, or retained by a financial institution;
185 (ii) (A) inscribed on a tangible medium; or
186 (B) stored in an electronic or other medium; and
187 (iii) retrievable in perceivable form.
188 (2) Except as provided in Section 78-27-50 , an individual acting in behalf of a
189 governmental entity may not request, obtain by subpoena, or otherwise obtain information from
190 a state or federally chartered financial institution that constitutes a record reflecting the
191 financial condition of any person without first obtaining:
192 (a) written permission from the person that is named or referenced in the record to be
193 examined; or
194 (b) an order from a court of competent jurisdiction permitting access to the record.
195 (3) This section does not apply to[: (a)] a review made by the commissioner of
196 financial institutions to determine whether a financial institution is operating in accordance
197 with law[; or].
198 [(b) a report filed as required by Section 76-10-1906 .]





Legislative Review Note
as of 1-28-08 2:47 PM

Office of Legislative Research and General Counsel