| Date of Action |
Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|---|---|
| Mar 13, 2012 |
print number 3786a |
| Mar 13, 2012 |
amend and recommit to crime victims, crime and correction |
| Jan 04, 2012 |
referred to crime victims, crime and correction |
| Mar 03, 2011 |
referred to crime victims, crime and correction |
Senate Bill S3786A
2011-2012 Legislative Session
Sponsored By
(D, WF) Senate District
Archive: Last Bill Status - In Senate Committee Crime Victims, Crime And Correction Committee
Actions
Bill Amendments
2011-S3786 - Details
- See Assembly Version of this Bill:
- A1793
- Current Committee:
- Senate Crime Victims, Crime And Correction
- Law Section:
- Correction Law
- Laws Affected:
- Amd §112, Cor L
- Versions Introduced in Other Legislative Sessions:
-
2009-2010:
S5207, A8064
2013-2014: S3338, A4871
2015-2016: S3818, A2424
2017-2018: S3581, A6888
2019-2020: S1581, A3924
2021-2022: S2638
2023-2024: S228
2025-2026: S961
2011-S3786 - Sponsor Memo
BILL NUMBER:S3786
TITLE OF BILL:
An act
to amend the correction law, in relation to the subpoena power of the
commissioner of the department of correctional services
PURPOSE:
To require that notice be provided to any officer or employee of the
Department or Correctional Services whose personal information is the
subject of a subpoena duces tecum.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 of the bill requires the Commissioner to provide written
notice within five (5) business days of issuing a subpoena duces
tecum to any employee or officer of the Department whose personal
information is the subject of such subpoena. Section 2 of the bill
provides an immediate effective date.
EXISTING LAW:
Such notice is not currently required under the provisions of the
Correction Law or the Civil Practice Law and Rules.
JUSTIFICATION:
The Commissioner of the Department of Correctional Services is
authorized to issue subpoenas compelling the production of books,
2011-S3786 - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
3786
2011-2012 Regular Sessions
I N S E N A T E
March 3, 2011
___________
Introduced by Sen. HASSELL-THOMPSON -- read twice and ordered printed,
and when printed to be committed to the Committee on Crime Victims,
Crime and 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.
LBD04689-01-1
2011-S3786A (ACTIVE) - Details
- See Assembly Version of this Bill:
- A1793
- Current Committee:
- Senate Crime Victims, Crime And Correction
- Law Section:
- Correction Law
- Laws Affected:
- Amd §112, Cor L
- Versions Introduced in Other Legislative Sessions:
-
2009-2010:
S5207, A8064
2013-2014: S3338, A4871
2015-2016: S3818, A2424
2017-2018: S3581, A6888
2019-2020: S1581, A3924
2021-2022: S2638
2023-2024: S228
2025-2026: S961
2011-S3786A (ACTIVE) - Sponsor Memo
BILL NUMBER:S3786A
TITLE OF BILL:
An act to amend the correction law, in relation to the subpoena power of
the commissioner of the department of correctional services
PURPOSE:
To require that notice be provided to any officer or employee of the
Department of Correctional Services whose personal information is the
subject of a subpoena duces tecum.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 of the bill requires the Commissioner to provide written
notice within five (5) business days of issuing a subpoena duces tecum
to any employee or officer of the Department whose personal information
is the subject of such subpoena. Section 3 of the bill provides an imme-
diate effective date.
EXISTING LAW:
Such notice is not currently required under the provisions of the
Correction Law or the Civil Practice Law and Rules.
JUSTIFICATION:
The Commissioner of the Department of Correctional Services is author-
ized to issue subpoenas compelling the production of books, writings and
papers of any officer or employee of the department whose conduct is
2011-S3786A (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
3786--A
2011-2012 Regular Sessions
I N S E N A T E
March 3, 2011
___________
Introduced by Sen. HASSELL-THOMPSON -- read twice and ordered printed,
and when printed to be committed to the Committee on Crime Victims,
Crime and Correction -- recommitted to the Committee on Crime Victims,
Crime and Correction in accordance with Senate Rule 6, sec. 8 --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee
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 3 of section 112 of the correction law, as
amended by section 19 of subpart A of part C of chapter 62 of the laws
of 2011, is amended to read as follows:
3. The commissioner may require reports from the superintendent or any
other officer or employee of the department assigned to any correctional
facility or to perform community supervision in relation to his or her
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 correctional facility or in the course of his or her
performance of community supervision, and for that purpose to issue
subpoenas to compel the attendance of witnesses, and the production
before him or her of books, writings 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 BUSI-
NESS DAYS OF THE COMMISSIONER ISSUING SUCH SUBPOENA.
S 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04689-02-2
Comments
Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.
Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.
Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.