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Who cares
Headline styles
Sponsors
2 Co-sponsors
History
- Referred to correction
- Delivered to assembly
- Passed senateVote 59–0
- Advanced to third reading
- 2nd report cal.
- 1st report cal.348
- Referred to crime victims, crime and correction
- Committed to rules
- Advanced to third reading
- 2nd report cal.
- 1st report cal.352
- Referred to crime victims, crime and correction
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Relates to the subpoena power of the commissioner of corrections
In Assembly Committee · Correction · Sponsor Jeffrion Aubry
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
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
To require that notice be provided to any officer or employee of the Department or 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 2 of the bill provides an immediate effective date.
Existing law
Such notice is not currently required under the provisions of the Correction Law or the Civil Practice Law and Rules.
Justification
The Commissioner of the Department of Correctional Services is authorized to issue subpoenas compelling the production of books, writings and papers of any officer or employee of the department whose conduct is being investigated. The provisions of law governing the issuance of such subpoenas do not require that any notice be provided to the employee or officer who is the subject of such a subpoena. As such, officer 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
New bill.
Fiscal implications
None.
Effective date
Immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.