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Assembly Bill A1793A

2011-2012 Legislative Session

Requires 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

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Archive: Last Bill Status - In Assembly Committee

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Bill Amendments

co-Sponsors

2011-A1793 - Details

See Senate Version of this Bill:
S3786
Current Committee:
Assembly Correction
Law Section:
Correction Law
Laws Affected:
Amd §112, Cor L
Versions Introduced in Other Legislative Sessions:
2009-2010: A8064, S5207
2013-2014: A4871, S3338
2015-2016: A2424, S3818
2017-2018: A6888, S3581
2019-2020: A3924, S1581
2021-2022: S2638
2023-2024: S228
2025-2026: S961

2011-A1793 - Summary

Requires 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.

2011-A1793 - Bill Text download pdf 

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

                                  1793

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            January 12, 2011
                               ___________

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

co-Sponsors

2011-A1793A (ACTIVE) - Details

See Senate Version of this Bill:
S3786
Current Committee:
Assembly Correction
Law Section:
Correction Law
Laws Affected:
Amd §112, Cor L
Versions Introduced in Other Legislative Sessions:
2009-2010: A8064, S5207
2013-2014: A4871, S3338
2015-2016: A2424, S3818
2017-2018: A6888, S3581
2019-2020: A3924, S1581
2021-2022: S2638
2023-2024: S228
2025-2026: S961

2011-A1793A (ACTIVE) - Summary

Requires 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.

2011-A1793A (ACTIVE) - Bill Text download pdf 

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

                                 1793--A

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            January 12, 2011
                               ___________

Introduced by M. of A. AUBRY, STEVENSON -- read once and referred to the
  Committee  on Correction -- recommitted to the Committee on Correction
  in accordance with Assembly Rule 3, sec. 2  --  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.
                                                           LBD04689-03-2

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