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History
- Print number 3786a
- Amend and recommit to crime victims, crime and correction
- Referred to crime victims, crime and correction
- 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.
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
In Assembly Committee · Correction · Sponsor Jeffrion Aubry
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.