Assembly Bill A4871

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-A4871 (ACTIVE) - Details

See Senate Version of this Bill:
S3338
Current Committee:
Assembly Correction
Law Section:
Correction Law
Laws Affected:
Amd ยง112, Cor L
Versions Introduced in Other Legislative Sessions:
2009-2010: A8064, S5207
2011-2012: A1793, S3786
2015-2016: A2424, S3818
2017-2018: A6888, S3581
2019-2020: A3924, S1581
2021-2022: S2638
2023-2024: S228

2013-A4871 (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-A4871 (ACTIVE) - Bill Text download pdf 

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

                                  4871

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            February 12, 2013
                               ___________

Introduced  by  M.  of  A.  O'DONNELL, STEVENSON, 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  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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