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Assembly Bill A6874

2011-2012 Legislative Session

Relates to the issuance of subpoena duces tecum

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Archive: Last Bill Status - In Assembly Committee

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2011-A6874 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd ยง610.20, CP L
Versions Introduced in Other Legislative Sessions:
2013-2014: A3669
2015-2016: A2967
2017-2018: A3880
2019-2020: A6945

2011-A6874 (ACTIVE) - Summary

Relates to the issuance of subpoena duces tecum.

2011-A6874 (ACTIVE) - Bill Text download pdf 

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

                                  6874

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              April 5, 2011
                               ___________

Introduced by M. of A. LENTOL -- read once and referred to the Committee
  on Codes

AN  ACT  to  amend  the  criminal procedure law, in relation to subpoena
  duces tecum

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

  Section  1.  Subdivision 3 of section 610.20 of the criminal procedure
law is amended to read as follows:
  3.  An attorney for a defendant in a criminal action or proceeding, as
an officer of a criminal court, may issue  a  subpoena  of  such  court,
subscribed  by  himself, for the attendance in such court of any witness
whom the defendant is entitled to call in such action or proceeding.  An
attorney for a defendant may not issue a subpoena  duces  tecum  of  the
court  directed to any department, bureau or agency of the state or of a
political subdivision thereof, or to any officer or representative ther-
eof.  Such a subpoena duces tecum may be issued in behalf of a defendant
upon order of a court pursuant to the rules applicable to civil cases as
provided in section twenty-three hundred seven of the civil practice law
and rules.  NOTHING IN THIS ARTICLE OR IN ARTICLE TWO HUNDRED  FORTY  OF
THIS  CHAPTER PRECLUDES ISSUANCE OF A COURT-ORDERED SUBPOENA DUCES TECUM
FOR POLICE REPORTS OR RECORDS  OR  LAW  ENFORCEMENT  AGENCY  REPORTS  OR
RECORDS  CONTAINING  NON-PRIVILEGED INFORMATION RELEVANT TO THE CRIMINAL
ACTION OR PROCEEDING.
  S 2. This act shall take effect on the ninetieth day  after  it  shall
have become a law.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10273-01-1

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