What's happening
This bill requires written notice within five business days to correction department staff when their personal information is subpoenaed.
Why it matters
Increases transparency for correctional staff. by ensuring they are promptly informed when their personal information (such as personnel files, contact details, or other records) is being sought via subpoena, allowing them to prepare or raise concerns.
Strengthens privacy protections. for Department of Correction employees, as timely notice lets them take steps to safeguard their interests or seek legal advice if they feel disclosure could impact their safety or wellbeing.
Adds accountability for the Department of Correction’s leadership. by requiring written notification, which creates a record and clear process that could help prevent misuse or surprise disclosures of sensitive staff information.
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Who cares
Headline styles
Notify Corrections Staff of Subpoenas
Plain English, a few words. Used as the page title.
Sponsors
4 Multi-sponsors
History
- Referred to correction
- Referred to 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 Corrections Staff on Subpoenas
In Senate Committee · Crime Victims, Crime And Correction · Sponsor Patrick M. Gallivan
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3924
2019-2020 Regular Sessions
IN ASSEMBLY
January 31, 2019
Introduced by M. of A. WEPRIN, ABINANTI, PALMESANO, B. MILLER, BLAKE -- Multi-Sponsored by -- M. of A. CROUCH, HAWLEY, HYNDMAN, MOSLEY -- read once and referred to the Committee on 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.
LBD07053-01-9
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.