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Assembly Bill A8929

2009-2010 Legislative Session

Relates to the powers and duties of the attorney general to issue subpoenas

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Archive: Last Bill Status - In Assembly Committee

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2009-A8929 (ACTIVE) - Details

Current Committee:
Assembly Governmental Operations
Law Section:
Executive Law
Laws Affected:
Amd ยง63, Exec L

2009-A8929 (ACTIVE) - Summary

Relates to the powers and duties of the attorney general to issue subpoenas; provides that any subpoena served pursuant to this subdivision without the state shall be issued an ex-parte order of the court based upon a showing that the information or testimony sought bears a reasonable relationship to the subject matter under investigation.

2009-A8929 (ACTIVE) - Sponsor Memo

2009-A8929 (ACTIVE) - Bill Text download pdf 

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

                                  8929

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                              June 16, 2009
                               ___________

Introduced  by M. of A. LANCMAN -- read once and referred to the Commit-
  tee on Governmental Operations

AN ACT to amend the executive law, in relation to the powers and  duties
  of the attorney general to issue subpoenas

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

  Section 1. The second undesignated  paragraph  of  subdivision  12  of
section 63 of the executive law, as amended by chapter 86 of the laws of
1985, is amended to read as follows:
  In  connection  with  any  such  application,  the attorney general is
authorized to take proof and make a determination of the relevant  facts
and  to  issue  subpoenas  in accordance with the civil practice law and
rules AND TO SERVE SUCH SUBPOENAS IN THE SAME MANNER AS A SUMMONS MAY BE
SERVED, WITH OR WITHOUT THE STATE. ANY SUBPOENA SERVED PURSUANT TO  THIS
SUBDIVISION  WITHOUT  THE STATE SHALL BE ISSUED AN EX PARTE ORDER OF THE
COURT BASED UPON A SHOWING THAT  THE  INFORMATION  OR  TESTIMONY  SOUGHT
BEARS  A  REASONABLE  RELATIONSHIP  TO THE SUBJECT MATTER UNDER INVESTI-
GATION. Such authorization shall not abate or terminate by reason of any
action or proceeding brought by the attorney general under this section.
  S 2. This act shall take effect immediately.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14286-01-9

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