S T A T E O F N E W Y O R K
________________________________________________________________________
8064
2009-2010 Regular Sessions
I N A S S E M B L Y
May 4, 2009
___________
Introduced by M. of A. AUBRY -- 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 ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 2 of section 112 of the correction law, as
amended by chapter 476 of the laws of 1970, is amended to read as
follows:
2. The commissioner of correction may require reports from the super-
intendent or any other officer or employee of the department assigned to
any correctional facility in relation to his 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 correc-
tional facility, and for that purpose to issue subpoenas to compel the
attendance of witnesses, and the production before him of books, writ-
ings 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 SUCH COMMISSIONER ISSUING SUCH
SUBPOENA. The commissioner of correction is authorized and empowered to
lease the railroad, constructed under and by the authority of the laws
of eighteen hundred [and] seventy-eight, chapter one hundred [and]
forty-eight, for such term of years and upon such terms and conditions
as shall be approved of, in writing, by the governor and comptroller of
this state.
S 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11640-01-9