senate Bill S340A

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

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 09 / Jan / 2013
    • REFERRED TO CODES
  • 21 / May / 2013
    • AMEND (T) AND RECOMMIT TO CODES
  • 21 / May / 2013
    • PRINT NUMBER 340A
  • 29 / May / 2013
    • 1ST REPORT CAL.771
  • 30 / May / 2013
    • 2ND REPORT CAL.
  • 03 / Jun / 2013
    • ADVANCED TO THIRD READING
  • 04 / Jun / 2013
    • PASSED SENATE
  • 04 / Jun / 2013
    • DELIVERED TO ASSEMBLY
  • 04 / Jun / 2013
    • REFERRED TO CODES
  • 08 / Jan / 2014
    • DIED IN ASSEMBLY
  • 08 / Jan / 2014
    • RETURNED TO SENATE
  • 08 / Jan / 2014
    • REFERRED TO CODES
  • 06 / May / 2014
    • 1ST REPORT CAL.570
  • 07 / May / 2014
    • 2ND REPORT CAL.
  • 12 / May / 2014
    • ADVANCED TO THIRD READING
  • 21 / May / 2014
    • PASSED SENATE
  • 21 / May / 2014
    • DELIVERED TO ASSEMBLY
  • 21 / May / 2014
    • REFERRED TO CODES

Summary

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

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Bill Details

Versions:
S340
S340A
Legislative Cycle:
2013-2014
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §610.40, CP L; add §2303-b, CPLR; add §60.38, Pen L; amd §§378-a & 390-b, Soc Serv L
Versions Introduced in Previous Legislative Cycles:
2011-2012: S4311A
2009-2010: A245
2007-2008: A9923A

Sponsor Memo

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.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 340--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen.  DeFRANCISCO -- read twice and ordered printed, and
  when printed to be committed to the Committee on  Codes  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

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

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1.  The penal law is amended by adding a new section 60.38  to
read as follows:
S 60.38 MANDATORY  ORDER OF PROTECTION FOR PERSONAL INFORMATION PERTAIN-
          ING TO VICTIMS.
  1. WHENEVER PROCEEDINGS IN AN ADMINISTRATIVE TRIBUNAL OR  A  COURT  OF
THIS STATE RESULT IN A CONVICTION FOR A CRIME:
  (A) ENTAILING PHYSICAL INJURY; OR
  (B)  INVOLVING  AN  OFFENSE DESCRIBED IN ARTICLE ONE HUNDRED THIRTY OF
THIS CHAPTER,
THERE SHALL BE ISSUED AT SENTENCING A MANDATORY PROTECTIVE ORDER PROHIB-
ITING  THE  CONVICTED  PERSON  FROM  OBTAINING  ANY  NON-PUBLIC  RECORDS
CONTAINING  PERSONAL  INFORMATION  REGARDING THE VICTIM AGAINST WHOM THE
CRIME WAS COMMITTED, INCLUDING, BUT NOT LIMITED TO MEDICAL, EDUCATIONAL,
EMPLOYMENT AND FINANCIAL INFORMATION AND INFORMATION PERTAINING  TO  THE
VICTIM'S LOCATION. THIS ORDER SHALL BE A PERMANENT ORDER WHICH SHALL NOT
EXPIRE,  PROVIDED  THAT  IF  THE  CONVICTION  IS  REVERSED ON APPEAL, OR
VACATED PURSUANT TO ARTICLE FOUR HUNDRED FORTY OF THE CRIMINAL PROCEDURE
LAW, THE ORDER MAY BE CONCOMITANTLY MODIFIED OR VACATED BY THE COURT.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01463-02-3

S. 340--A                           2

  2. THE PROVISIONS OF THIS SECTION SHALL  APPLY  TO  SENTENCES  IMPOSED
UPON A YOUTHFUL OFFENDER FINDING.
  3.  THE  PROVISIONS  OF THIS SECTION SHALL APPLY TO ALL CONVICTIONS AS
DESCRIBED IN SUBDIVISION ONE OF THIS SECTION, REGARDLESS OF WHETHER  THE
SENTENCE  WAS  ONE  INVOLVING IMPRISONMENT, PROBATION AND/OR A SUSPENDED
SENTENCE.
  S 2. Paragraph (d) of subdivision 2 of section  378-a  of  the  social
services  law,  as added by chapter 7 of the laws of 1999, is amended to
read as follows:
  (d) Notwithstanding any other provision of law to  the  contrary,  the
office  of  children  and  family  services,  upon receipt of a criminal
history record from the  division  of  criminal  justice  services,  may
request,  and  is  entitled  to  receive,  information pertaining to any
offense contained in such criminal history  record  from  any  state  or
local  law  enforcement  agency or court for the purposes of determining
whether any ground relating to such criminal conviction or pending crim-
inal charge exists for denying an application; PROVIDED THAT NOTHING  IN
THIS  SECTION  SHALL BE CONSTRUED TO ALLOW A PERSON TO ACCESS RECORDS OF
HIS OR HER VICTIM IN VIOLATION OF A PROTECTIVE ORDER ISSUED PURSUANT  TO
SECTION 60.38 OF THE PENAL LAW.
  S  3.  Subdivision  5  of section 390-b of the social services law, as
added by chapter 416 of the laws of 2000, is amended to read as follows:
  5. Notwithstanding any other provision of law  to  the  contrary,  the
office  of  children  and  family  services,  upon receipt of a criminal
history record from the  division  of  criminal  justice  services,  may
request, and is entitled to receive, information pertaining to any crime
contained  in  such  criminal history record from any state or local law
enforcement agency, district attorney, parole officer, probation officer
or court for the purposes of determining whether any ground relating  to
such criminal conviction or pending criminal charge exists for denying a
license,  registration, application or employment; PROVIDED THAT NOTHING
IN THIS SECTION SHALL BE CONSTRUED TO ALLOW A PERSON TO  ACCESS  RECORDS
OF  HIS OR HER VICTIM IN VIOLATION OF A PROTECTIVE ORDER ISSUED PURSUANT
TO SECTION 60.38 OF THE PENAL LAW.
  S 4. The civil practice law and rules  is  amended  by  adding  a  new
section 2303-b to read as follows:
  S  2303-B.  SERVICE OF A SUBPOENA BY A PRO SE LITIGANT. A PRO SE LITI-
GANT MAY SERVE A SUBPOENA IN PERSON ONLY IF THE SUBPOENA IS  A  JUDICIAL
SUBPOENA THAT EXPLICITLY PERMITS SUCH SERVICE.
  S  5.  Section 610.40 of the criminal procedure law is amended to read
as follows:
S 610.40  Securing attendance of witnesses by subpoena; how and by  whom
             subpoena may be served.
  A  subpoena  may be served by any person more than eighteen years old.
A SUBPOENA SERVED ON BEHALF OF A  DEFENDANT  IN  A  CRIMINAL  PROCEEDING
SHALL BE SERVED BY AN AGENT OF THE DEFENDANT AND NOT BY THE DEFENDANT IN
PERSON EXCEPT AS PROVIDED IN SECTION TWENTY-THREE HUNDRED THREE-B OF THE
CIVIL  PRACTICE  LAW  AND  RULES.  Service  must  be  made in the manner
provided by the civil practice law and rules for the service of  subpoe-
nas in civil cases.
  S  6.  This  act shall take effect on the ninetieth day after it shall
have become a law.

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