Assembly Bill A7904

2009-2010 Legislative Session

Limits subpoena power to those situations of emergency and requires the superintendent to apply for a court order authorizing the issuance of such subpoena

download bill text pdf

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Archive: Last Bill Status - In Assembly Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2009-A7904 (ACTIVE) - Details

Current Committee:
Assembly Governmental Operations
Law Section:
Executive Law
Laws Affected:
Amd ยง215, Exec L

2009-A7904 (ACTIVE) - Summary

Limits subpoena power to those situations of emergency and requires the superintendent to apply for a court order authorizing the issuance of such subpoena; further requires the member of the division of state police to be notified of a subpoena directed towards such member within twenty-four hours of issuance.

2009-A7904 (ACTIVE) - Bill Text download pdf 

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

                                  7904

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                             April 28, 2009
                               ___________

Introduced by M. of A. ABBATE -- read once and referred to the Committee
  on Governmental Operations

AN ACT to amend the executive law, in relation to the authority to issue
  subpoenas

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

  Section 1. Section 215 of the executive law is amended by adding a new
subdivision 3-b to read as follows:
  3-B. NOTWITHSTANDING ANY OTHER LAW, RULE OR REGULATION TO THE  CONTRA-
RY,  ANY  SUBPOENA  POWER  GRANTED  TO  THE SUPERINTENDENT OR HIS OR HER
DESIGNEE SHALL BE LIMITED TO THOSE  SITUATIONS  OF  EMERGENCY  THAT  MAY
JEOPARDIZE THE SAFETY OF THE PUBLIC. IN ALL OTHER SITUATIONS, THE SUPER-
INTENDENT OR HIS OR HER DESIGNEE SHALL APPLY FOR A COURT ORDER AUTHORIZ-
ING  THE  ISSUANCE  OF  SUCH  SUBPOENA. IN ANY EVENT, IF THE SUBPOENA IS
DIRECTED TOWARD ANY MEMBER OF THE DIVISION OF STATE POLICE, SUCH  MEMBER
SHALL  BE  NOTIFIED OF THE SUBPOENA WITHIN TWENTY-FOUR HOURS OF THE DATE
SUCH SUBPOENA WAS ISSUED OR OTHERWISE AUTHORIZED.
  S 2. This act shall take effect immediately.





 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04872-01-9

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