Senate Bill S3338

2013-2014 Legislative Session

Requires 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

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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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2013-S3338 (ACTIVE) - Details

See Assembly Version of this Bill:
A4871
Current Committee:
Assembly Correction
Law Section:
Correction Law
Laws Affected:
Amd ยง112, Cor L
Versions Introduced in Other Legislative Sessions:
2009-2010: S5207, A8064
2011-2012: S3786, A1793
2015-2016: S3818, A2424
2017-2018: S3581, A6888
2019-2020: S1581, A3924
2021-2022: S2638
2023-2024: S228

2013-S3338 (ACTIVE) - Summary

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.

2013-S3338 (ACTIVE) - Sponsor Memo

2013-S3338 (ACTIVE) - Bill Text download pdf 

                            
                    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:

  Section 1. Subdivision 3 of section 112  of  the  correction  law,  as
amended  by  section 19 of subpart A of part C of chapter 62 of the laws
of 2011, is amended to read as follows:
  3. The commissioner may require reports from the superintendent or any
other officer or employee of the department assigned to any correctional
facility or to perform community supervision in relation to his  or  her
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 correctional facility or in the course of his or her
performance of community supervision, and  for  that  purpose  to  issue
subpoenas  to  compel  the  attendance  of witnesses, and the production
before him or her of books, writings 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 BUSI-
NESS DAYS OF THE COMMISSIONER ISSUING SUCH SUBPOENA.
  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

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