Assembly Bill A5818

2023-2024 Legislative Session

Requires 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

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Sponsored By

Current 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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2023-A5818 (ACTIVE) - Details

See Senate Version of this Bill:
S228
Current Committee:
Assembly 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
2021-2022: S2638

2023-A5818 (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.

2023-A5818 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5818
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 23, 2023
                                ___________
 
 Introduced  by  M. of A. WEPRIN, PALMESANO, MILLER -- Multi-Sponsored by
   -- M. of A.  HAWLEY, HYNDMAN -- read once and referred to the  Commit-
   tee on Correction
 
 AN ACT to amend the correction law, in relation to the subpoena power of
   the commissioner of the department of corrections and community super-
   vision

   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.
                                                            LBD00105-01-3

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