What's happening
This bill requires that Department of Corrections officers or employees be notified within five business days if their personal information is subpoenaed.
Why it matters
Increases transparency for Department of Corrections staff. by ensuring they are promptly informed (within five business days) if their personal information is being sought through a subpoena, giving them awareness of potential legal or privacy issues.
Allows officers and employees to take proactive steps. (such as seeking legal counsel or raising privacy concerns) when their personal records are involved in an investigation, rather than being caught off guard later in the process.
Addresses concerns about misuse or overreach in subpoenas. by creating a formal notification requirement, potentially deterring unnecessary or overly broad requests for staff personal information and reinforcing accountability in the use of subpoena powers.
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Who cares
Headline styles
Notify Staff of Information Subpoenas
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 59
History
- Referred to correction
- Delivered to assembly
- Passed senateVote 60–0
- Advanced to third reading
- 2nd report cal.
- 1st report cal.122
- Referred to crime victims, crime and correction
- Returned to senate
- Died in assembly
- Referred to correction
- Delivered to assembly
- Passed senateVote 60–0
Show 4 earlier actions
- Advanced to third reading
- 2nd report cal.
- 1st report cal.505
- 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.
Notify Staff of Info Subpoenas
In Assembly Committee · Correction · Sponsor David Weprin
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3581
2017-2018 Regular Sessions
IN SENATE
January 24, 2017
Introduced by Sen. GALLIVAN -- read twice and ordered printed, and when printed to be committed to the Committee on Crime Victims, Crime and Correction
AN ACT to amend the correction law, in relation to the subpoena power of the commissioner of the department of correctional services
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 3 of section 112 of the correction law, as amended by section 19 of subpart A of part C of chapter 62 of the laws of 2011, is amended to read as follows:
3. The commissioner may require reports from the superintendent or any other officer or employee of the department assigned to any correctional facility or to perform community supervision in relation to his or her conduct as such officer or employee, and shall have the power to inquire into any improper conduct which may be alleged to have been committed by any person at any correctional facility or in the course of his or her performance of community supervision, and for that purpose to issue subpoenas to compel the attendance of witnesses, and the production before him or her of books, writings and papers. A subpoena issued under this section shall be regulated by the civil practice law and rules, provided, however, any officer or employee of the department whose personal information is the subject of a subpoena duces tecum shall be provided written notice of such subpoena duces tecum within five business days of the commissioner issuing such subpoena.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05024-01-7
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
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 or general idea of bill
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.
Section 2 establishes the effective date.
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. These provisions of law governing the issuance of such subpoenas do not require that any notice be given to the employee or officer who is the target of the subpoena. As such, officers 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
S.3818/A.2424 of 2016: Passed Senate/Referred to correction
Fiscal implications
None
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.