Skip to content
S3786Senate2011-2012 SessionSame asA1793

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

Status
In Senate Committee
Crime Victims, Crime And Correction
Impact
Pending
Passage
Pending

Bill progress

Step 2 of 7

In committee · Crime Victims, Crime And Correction

What's happening

Writing a plain-English summary… Track this bill to get it by email.

Why it matters

The daily · weekday mornings

Albany, before your first meeting.

Every bill that moved yesterday, summarized in a sentence and ranked by impact. The Albany Scorecard follows on Sundays.

Free. Unsubscribe in one click. Want alerts on specific bills? Create an account.

Who cares

Headline styles

Sponsors

Primary sponsor
Ruth Hassell-Thompson

Senator · Senate District 36

No co-sponsors yet.

History

  1. Print number 3786a
  2. Amend and recommit to crime victims, crime and correction
  3. Referred to crime victims, crime and correction
  4. Referred to crime victims, crime and correction

Companion bill

Full text

The text isn't available here yet. Check nysenate.gov.

Sponsor's memo

BILL NUMBER:S3786A

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 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.

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 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. 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 ex.ample, 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

Senate: 2009-10: S.5207 - Passed Senate Assembly 2009-10: A.8064 (Aubry) - Referred to Correction

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.