Assembly Bill A8064

2009-2010 Legislative Session

Relates to the subpoena power of the commissioner of corrections

download bill text pdf

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Archive: Last Bill Status - In Assembly Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2009-A8064 (ACTIVE) - Details

See Senate Version of this Bill:
S5207
Current Committee:
Assembly Correction
Law Section:
Correction Law
Laws Affected:
Amd ยง112, Cor L
Versions Introduced in Other Legislative Sessions:
2011-2012: A1793, S3786
2013-2014: A4871, S3338
2015-2016: A2424, S3818
2017-2018: A6888, S3581
2019-2020: A3924, S1581
2021-2022: S2638
2023-2024: S228

2009-A8064 (ACTIVE) - Summary

Relates to the subpoena power of the commissioner of corrections.

2009-A8064 (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  8064

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               May 4, 2009
                               ___________

Introduced  by M. of A. AUBRY -- read once and referred to the Committee
  on 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:

  Section  1.  Subdivision  2  of  section 112 of the correction law, as
amended by chapter 476 of the laws  of  1970,  is  amended  to  read  as
follows:
  2.  The commissioner of correction may require reports from the super-
intendent or any other officer or employee of the department assigned to
any correctional facility in relation to his conduct as such officer  or
employee,  and shall have the power to inquire into any improper conduct
which may be alleged to have been committed by any person at any correc-
tional facility, and for that purpose to issue subpoenas to  compel  the
attendance  of  witnesses, and the production before him of books, writ-
ings and papers. A subpoena issued under this section shall be regulated
by the civil practice law and rules, PROVIDED, HOWEVER, ANY  OFFICER  OR
EMPLOYEE  OF THE DEPARTMENT WHOSE PERSONAL INFORMATION IS THE SUBJECT OF
A SUBPOENA DUCES TECUM SHALL BE PROVIDED WRITTEN NOTICE OF SUCH SUBPOENA
DUCES TECUM WITHIN FIVE BUSINESS DAYS OF SUCH COMMISSIONER ISSUING  SUCH
SUBPOENA.  The commissioner of correction is authorized and empowered to
lease  the  railroad, constructed under and by the authority of the laws
of eighteen hundred  [and]  seventy-eight,  chapter  one  hundred  [and]
forty-eight,  for  such term of years and upon such terms and conditions
as shall be approved of, in writing, by the governor and comptroller  of
this state.
  S 2. This act shall take effect immediately.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11640-01-9

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