Sec. 1. 9-B MRSA §163, sub-§1, as amended by PL 1997, c. 537, §2 and affected by §62, is further amended to read:

1. Service. A fiduciary institution shall disclose financial records under section 162 pursuant to a subpoena, summons, warrant or court order that on its face appears to have been issued upon lawful authority only if the subpoena, summons, warrant or court order is served upon the customer prior to disclosure by the fiduciary institution. The agency or person requesting the disclosure of financial records shall certify in writing to the fiduciary institution the fact that the subpoena, summons, warrant or court order has been served upon the customer. The court for good cause shown may delay or dispense with service of the subpoena, summons, warrant or court order upon the customer. The court shall delay or dispense with service of the subpoena, summons, warrant or court order upon the customer upon notice by the Attorney General, the Attorney General's designee or the District Attorney that service upon the customer would not be in the public interest. A subpoena, summons or warrant issued in connection with a criminal proceeding or state or federal grand jury proceeding, a request for information by the Department of Human Services for purposes related to establishing, modifying or enforcing a child support order or a trustee process lawfully issued need not be served upon the customer.

SUMMARY

Public Law 1997, chapter 16, section 1 amended the Maine Revised Statutes, Title 9-B, section 163, subsection 1 by providing that a subpoena, summons or warrant issued to a fiduciary institution in a criminal proceeding need not be served upon the customer. Since the statute had previously provided that the customer need not be served with a copy of the subpoena, summons or warrant issued in a federal grand jury proceeding, confusion exists as to whether service upon the customer is necessary in a state grand jury proceeding. This bill provides that a customer need not be served with a subpoena, summons or warrant in a state grand jury proceeding.