senate Bill S6847

Signed By Governor
2011-2012 Legislative Session

Grants the state commission of correction authority to access inmate medical records

download bill text pdf

Sponsored By

Archive: Last Bill Status -


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

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Actions

view actions (13)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jul 18, 2012 signed chap.232
Jul 06, 2012 delivered to governor
Jun 20, 2012 returned to senate
passed assembly
ordered to third reading cal.472
substituted for a9553
May 08, 2012 referred to codes
delivered to assembly
passed senate
May 07, 2012 advanced to third reading
May 02, 2012 2nd report cal.
May 01, 2012 1st report cal.683
Mar 28, 2012 referred to crime victims, crime and correction

S6847 - Details

See Assembly Version of this Bill:
A9553
Law Section:
Correction Law
Laws Affected:
Amd §46, Cor L

S6847 - Summary

Grants the state commission of correction authority to access inmate medical records.

S6847 - Sponsor Memo

S6847 - Bill Text download pdf

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

                                  6847

                            I N  S E N A T E

                             March 28, 2012
                               ___________

Introduced  by  Sen.  NOZZOLIO  --  (at request of the NYS Commission of
  Correction) -- 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 granting the state
  commission of correction authority to access inmate medical records

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

  Section 1. Subdivision 1 of section 46 of the correction law, as added
by chapter 865 of the laws of 1975, is amended to read as follows:
  1.    The  commission,  any  member  or any employee designated by the
commission must be granted access at any and all times  to  any  correc-
tional  facility  or  part  thereof  and  to  all books, records, INMATE
MEDICAL RECORDS and data pertaining to any correctional facility  deemed
necessary  for  carrying  out  the  commission's  functions,  powers and
duties.  The commission, any member or any employee  designated  by  the
chairman  may  require  from the officers or employees of a correctional
facility any information deemed necessary for the  purpose  of  carrying
out the commission's functions, powers and duties.
  S  2. Subdivision 2 of section 46 of the correction law, as amended by
chapter 536 of the laws of 1994, is amended to read as follows:
  2. In the exercise of its functions, powers and duties, the commission
[and], any member, AND  ANY  ATTORNEY  EMPLOYED  BY  THE  COMMISSION  is
authorized  to  issue and enforce a subpoena and a subpoena duces tecum,
administer oaths and examine persons under oath, in accordance with  and
pursuant  to  civil practice law and rules. A person examined under oath
pursuant to this subdivision shall have the right to be  accompanied  by
counsel  who  shall advise the person of their rights subject to reason-
able limitations to prevent obstruction of, or  interference  with,  the
orderly conduct of the examination.  NOTWITHSTANDING ANY OTHER PROVISION
OF  LAW, A SUBPOENA MAY BE ISSUED AND ENFORCED PURSUANT TO THIS SUBDIVI-
SION FOR THE MEDICAL RECORDS OF AN INMATE OF  A  CORRECTIONAL  FACILITY,
REGARDLESS  OF  WHETHER SUCH MEDICAL RECORDS WERE MADE DURING THE COURSE
OF THE INMATE'S INCARCERATION.
  S 3. This act shall take effect immediately.

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

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