NY State Senate Bill 2021-S2638

Senate Bill S2638

2021-2022 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 Senate Committee Crime Victims, Crime And Correction 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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to crime victims, crime and correction
Jan 22, 2021	referred to crime victims, crime and correction

co-Sponsors

2021-S2638 (ACTIVE) - Details

Current Committee:: Senate Crime Victims, Crime And Correction
Law Section:: Correction Law
Laws Affected:: Amd §112, Cor L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S5207
2011-2012: S3786
2013-2014: S3338
2015-2016: S3818
2017-2018: S3581
2019-2020: S1581
2023-2024: S228

2021-S2638 (ACTIVE) - Summary

Requires that notice be provided to any officer or employee of the department of corrections and community supervision whose personal information is the subject of a subpoena duces tecum.

2021-S2638 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S2638

SPONSOR: GALLIVAN
 
TITLE OF BILL:

An act to amend the correction law, in relation to the subpoena power of
the commissioner of the department of correctional services

 
PURPOSE OR GENERAL IDEA OF BILL:

To require 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.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 of the bill requires the Commissioner to provide written
notice within five (5) business days of issuing a subpoena duces tecum
to any employee or officer of the Department whose personal information
is the subject.of such subpoena. Section 3 of the bill provides an imme-
diate effective date.

Section 2 establishes the effective date.

 
JUSTIFICATION:

The Commissioner of the Department of Correctional Services is author-
ized to issue subpoenas compelling the production of books, writings and
papers of any officer or employee of the Department whose conduct is
being investigated. These provisions of law governing the issuance of
such subpoenas do not require that any notice be given to the employee
or officer who is the target of the subpoena. As such, officers and
employees, for example, may have their personal telephone records
subpoenaed without their personal knowledge.

This proposed legislation would not in any way limit the authority of
the Commissioner in terms of his or her ability to issue subpoenas.
Rather, it would simply ensure that an employee or officer whose
Personal information is the subject of a subpoena receives some minimal
notice with respect to such subpoena.

 
PRIOR LEGISLATIVE HISTORY:

S.1581/A.3924 of 2019-20: Referred to Crime Victims, Crime and
Correction/Referred to correction

S.3581/A.6888 of 2017-18: Passed Senate/Referred to Correction

S.3818/A.2424 of 2016: Passed Senate/Referred to correction

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
This act shall take effect immediately.

2021-S2638 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2638
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 22, 2021
                                ___________
 
 Introduced  by Sens. GALLIVAN, AKSHAR, HELMING -- 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.
   § 2. This act shall take effect immediately.
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04122-01-1

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Senate Bill S2638

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Sponsored By

Patrick M. Gallivan