Senate Bill S5207

2009-2010 Legislative Session

Relates to the subpoena power of the commissioner of corrections

download bill text pdf

Sponsored By

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-S5207 (ACTIVE) - Details

See Assembly Version of this Bill:
A8064
Current Committee:
Assembly Correction
Law Section:
Correction Law
Laws Affected:
Amd ยง112, Cor L
Versions Introduced in Other Legislative Sessions:
2011-2012: S3786, A1793
2013-2014: S3338, A4871
2015-2016: S3818, A2424
2017-2018: S3581, A6888
2019-2020: S1581, A3924
2021-2022: S2638
2023-2024: S228

2009-S5207 (ACTIVE) - Summary

Relates to the subpoena power of the commissioner of corrections.

2009-S5207 (ACTIVE) - Sponsor Memo

2009-S5207 (ACTIVE) - Bill Text download pdf 

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

                                  5207

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 27, 2009
                               ___________

Introduced  by  Sen. HASSELL-THOMPSON -- 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:

  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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