senate Bill S3338

2013-2014 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 - Passed Senate


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Mar 25, 2014 referred to correction
delivered to assembly
passed senate
Mar 04, 2014 advanced to third reading
Mar 03, 2014 2nd report cal.
Feb 27, 2014 1st report cal.198
Jan 08, 2014 referred to crime victims, crime and correction
returned to senate
died in assembly
May 29, 2013 referred to correction
delivered to assembly
passed senate
Feb 28, 2013 advanced to third reading
Feb 27, 2013 2nd report cal.
Feb 12, 2013 1st report cal.90
Feb 01, 2013 referred to crime victims, crime and correction

Votes

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Feb 27, 2014 - Crime Victims, Crime and Correction committee Vote

S3338
13
0
committee
13
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Crime Victims, Crime and Correction committee vote details

Crime Victims, Crime and Correction Committee Vote: Feb 27, 2014

Feb 12, 2013 - Crime Victims, Crime and Correction committee Vote

S3338
13
0
committee
13
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Crime Victims, Crime and Correction committee vote details

Crime Victims, Crime and Correction Committee Vote: Feb 12, 2013

Co-Sponsors

S3338 - Bill Details

See Assembly Version of this Bill:
A4871
Current Committee:
Law Section:
Correction Law
Laws Affected:
Amd ยง112, Cor L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S3786A, A1793A
2009-2010: S5207, A8064

S3338 - Bill Texts

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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.

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BILL NUMBER:S3338

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 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, writings and Papers of any officer or employee of the
department whose conduct is being investigated. The provisions of law
governing the issuance of such subpoenas do not require that any
notice be provided to the employee or officer who is the subject of
such a subpoena. As such, officer and employees, for example, may have
their personal telephone records subpoenaed without their personal
knowledge.

This proposed legislation would not in any way limit the authority of
the Commissioner in terms of his or her ability to issue subpoenas.
Rather, it would simply ensure that an employee or officer whose
Personal information is the subject of a subpoena receives some
minimal notice with respect to such subpoena.

PRIOR LEGISLATIVE HISTORY: Senate: 2009-10: S.5207 - Passed Senate
Assembly 2009-10: A.8064 (Aubry) - Referred to Correction

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: Immediately.

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

                                  3338

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            February 1, 2013
                               ___________

Introduced  by Sens. HASSELL-THOMPSON, KRUEGER -- 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 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.
                                                           LBD05941-01-3

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