Relates to mandatory orders of protection for personal information pertaining to victims and relates to service of a subpoena by pro se litigant

1 Co-sponsor

• Kathleen A. Marchione

BILL NUMBER:S340A

Title of bill

An act to amend the penal law and the social services law, in relation to mandatory orders of protection for personal information pertaining to victims; and to amend the civil practice law and rules and the criminal procedure law, in relation to service of a subpoena by a pro se litigant

Purpose

Prohibits violent felons from directly accessing the personal records of the victims of their crimes without legitimate legal purpose.

Summary of provisions

Section 1 - amends the penal law by adding a new section 60.38 - mandatory order of protection for personal information pertaining to victims.

Section 2 - amends paragraph (d) of subdivision 2 of section 378-a of the social services law, as added by chapter 7 of the laws of 1999.

Section 3 - amends subdivision 5 of section 390-b of the social services law, as added by chapter 416 of the laws of 2000.

Section 4 - amends the civil practice law and rules by adding a new section 2303-b -service of a subpoena by a pro se litigant.

Section 5 - amends section 610.40 of the criminal law.

Section 6 - Effective date

Justification

This bill seeks to address a situation that arose in a Central New York school district, wherein a convicted level 2 sex offender entered school grounds with a duly signed subpoena requesting the records of his 13-year-old victim in person. The perpetrator of a violent crime should not be able to obtain the personal records of his or her victim particularly in person when the victim is a child. If the violent felon needs these records for a court proceeding, then an agent should be required to obtain the records on his or her behalf.

Legislative history

2011-2012 - S.4311A/A.603-A; 2009-2010: A.245 2007-2008: A.9923

Fiscal implications

None

Effective date

On the ninetieth day after it shall have become law.