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S3338Senate2013-2014 SessionSame asA4871

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

Sponsor Ruth Hassell-ThompsonSD-36+3 co-sponsorsAffects Public Safety & Consumer Affairs
Status
In Assembly Committee
Correction
Impact
Pending
Passage
Pending

Bill progress

Step 5 of 7

In Assembly · Correction

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Sponsors

Primary sponsor
Ruth Hassell-Thompson

Senator · Senate District 36

History

  1. Referred to correction
  2. Delivered to assembly
  3. Passed senateVote 61–0
  4. Advanced to third reading
  5. 2nd report cal.
  6. 1st report cal.198
  7. Referred to crime victims, crime and correction
  8. Returned to senate
  9. Died in assembly
  10. Referred to correction
  11. Delivered to assembly
  12. Passed senateVote 61–0
Show 4 earlier actions
  1. Advanced to third reading
  2. 2nd report cal.
  3. 1st report cal.90
  4. 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.

A4871Assembly

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 Daniel O'Donnell

Full text

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

Sponsor's memo

BILL NUMBER:S3338

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 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

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.