(1) As used in this section:

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(a) ‘Account information’ means, whether or not the financial institution has an account under a particular customer’s name, the number of customer account items dishonored or that created overdrafts, dollar volume of dishonored items and items that when paid created overdrafts, a statement explaining any credit arrangement between the financial institution and the customer to pay overdrafts, dates and amounts of deposits and debits to a customer’s account, copies of deposit slips and deposited items, the account balance on such dates, a copy of the customer’s signature card and the dates the account opened or closed.

(b) ‘Secure electronic message’ means an electronic message that is encrypted or otherwise transmitted in a manner that is reasonably calculated to prevent accidental, unlawful or unauthorized disclosure or access to parties not authorized to receive or access the electronic message.

(2) When a police or sheriff’s department or district attorney’s office in this state requests account information from a financial institution to assist in a criminal investigation, the financial institution shall supply a statement setting forth the requested account information with respect to a customer or a customer account specified by the police or sheriff’s department or district attorney’s office, for a period of up to three months prior to and three months following the date of occurrence of the account transaction giving rise to the criminal investigation. The disclosure statement required under this subsection may include only account information as defined in subsection (1) of this section. If the police or sheriff’s department or district attorney’s office makes the request by sending a secure electronic message to the financial institution, the financial institution shall respond to the request in a secure electronic message. The police or sheriff’s department or district attorney’s office requesting the information shall, within 24 hours of making the request, confirm the request in a written or secure electronic message delivered or mailed to the financial institution, setting forth the nature of the account information sought, the time period for which account information is sought, and that the information has been requested pursuant to a criminal investigation. [Formerly 192.585; 2019 c.399 § 6]