Bill Text: NY S03338 | 2013-2014 | General Assembly | Introduced

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Bill Title: Requires that notice be provided to any officer or employee of the department of correctional services whose personal information is the subject of a subpoena duces tecum.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Engrossed - Dead) 2014-03-25 - referred to correction [S03338 Detail]

Download: New_York-2013-S03338-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3338
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                   February 1, 2013
                                      ___________
       Introduced  by Sens. HASSELL-THOMPSON, KRUEGER -- read twice and ordered
         printed, and when printed to be committed to the  Committee  on  Crime
         Victims, Crime and Correction
       AN ACT to amend the correction law, in relation to the subpoena power of
         the commissioner of the department of correctional services
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Subdivision 3 of section 112  of  the  correction  law,  as
    2  amended  by  section 19 of subpart A of part C of chapter 62 of the laws
    3  of 2011, is amended to read as follows:
    4    3. The commissioner may require reports from the superintendent or any
    5  other officer or employee of the department assigned to any correctional
    6  facility or to perform community supervision in relation to his  or  her
    7  conduct as such officer or employee, and shall have the power to inquire
    8  into any improper conduct which may be alleged to have been committed by
    9  any  person  at any correctional facility or in the course of his or her
   10  performance of community supervision, and  for  that  purpose  to  issue
   11  subpoenas  to  compel  the  attendance  of witnesses, and the production
   12  before him or her of books, writings and papers. A subpoena issued under
   13  this section shall be regulated by the civil  practice  law  and  rules,
   14  PROVIDED,  HOWEVER,  ANY  OFFICER  OR  EMPLOYEE  OF THE DEPARTMENT WHOSE
   15  PERSONAL INFORMATION IS THE SUBJECT OF A SUBPOENA DUCES TECUM  SHALL  BE
   16  PROVIDED  WRITTEN  NOTICE OF SUCH SUBPOENA DUCES TECUM WITHIN FIVE BUSI-
   17  NESS DAYS OF THE COMMISSIONER ISSUING SUCH SUBPOENA.
   18    S 2. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD05941-01-3