Sen. Foyl introduced SB 92 and the Senate Commerce Committee reported the bill favorably by unanimous consent on April 23.
Sen. Foyl said the bill was requested by the state inspector general and would add the inspector general to the list of law enforcement entities and grand juries that may obtain bank records by subpoena without advance notice to the customer. "He would still have to go to a judge to get the subpoena," Foyl said, "but the idea is if he's investigating someone for criminal conduct, he doesn't want them to know in advance."
Steven Street, State Inspector General, testified the inspector general's office conducts primarily criminal investigations and has encountered situations where the current requirement to serve a certified copy of a subpoena on an account holder before a bank complies has compromised investigations. Street said the office sometimes must ask federal prosecutors for grand jury subpoenas to avoid notice, but doing so can slow or complicate cases and may result in loss of control of an investigation. He said he had briefed bankers' and law enforcement groups, which expressed no objection and that bankers found the change helpful to avoid notice‑compliance uncertainties.
Street gave a recent example: an investigation of alleged fraud tied to an organization called Regional Nutrition Assistance led to a federal indictment in Lafayette; the inspector general's office had to obtain federal assistance to secure bank records while protecting investigative integrity.
Committee members asked about record retention and confidentiality. Street said bank records obtained in inspector general investigations are maintained in the inspector general file and protected under Title 49 confidentiality provisions referenced in testimony.
Senator Abraham moved to report SB 92 favorably; the chair said there was no objection and the bill was moved favorable without a recorded roll‑call vote.
Votes at a glance: SB 92 — Motion to report favorable made by Senator Abraham; reported favorable by unanimous consent/no objection (roll call not recorded).