What's happening
This bill requires the Department of Correctional Services to notify employees within five business days if their personal information is subpoenaed.
Why it matters
Enhances transparency for correctional employees. By requiring prompt notification when their personal information is subpoenaed, the bill ensures employees are aware when their private data is being accessed, allowing them to take protective or legal action if necessary.
Addresses privacy and security concerns. Correctional staff often work in sensitive and potentially adversarial environments; timely notification gives them a chance to address any risks to their personal safety or privacy that might arise from the disclosure of their information.
Creates a formal accountability mechanism. Mandating written notice within five business days introduces a clear, enforceable standard for the Department of Correctional Services, reducing the likelihood of unintentional oversights or delayed notifications that could otherwise leave employees uninformed.
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Headline styles
Notify Corrections Staff on Subpoenas
Plain English, a few words. Used as the page title.
Sponsors
History
- Notice of committee consideration - requested
- 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.
Notify Corrections Staff of 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
1581
2019-2020 Regular Sessions
IN SENATE
January 15, 2019
Introduced by Sens. GALLIVAN, AKSHAR, HELMING -- 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.
LBD07053-01-9
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 imme- diate effective date.
Section 2 establishes the effective date.
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. 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.3581/A.6888 of 2017-18: Passed Senate/Referred to Correction
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.