senate Bill S340A

2013-2014 Legislative Session

Relates to mandatory orders of protection for personal information pertaining to victims and relates to service of a subpoena by pro se litigant

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Sponsored By

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

view actions (18)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 21, 2014 referred to codes
delivered to assembly
passed senate
May 12, 2014 advanced to third reading
May 07, 2014 2nd report cal.
May 06, 2014 1st report cal.570
Jan 08, 2014 referred to codes
returned to senate
died in assembly
Jun 04, 2013 referred to codes
delivered to assembly
passed senate
Jun 03, 2013 advanced to third reading
May 30, 2013 2nd report cal.
May 29, 2013 1st report cal.771
May 21, 2013 print number 340a
amend (t) and recommit to codes
Jan 09, 2013 referred to codes

Votes

view votes

May 6, 2014 - Codes committee Vote

S340A
16
0
committee
16
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Codes committee vote details

May 29, 2013 - Codes committee Vote

S340A
15
0
committee
15
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Codes committee vote details

Bill Amendments

Original
A (Active)
Original
A (Active)

S340 - Details

Current Committee:
Law Section:
Penal Law
Laws Affected:
Amd §610.40, CP L; add §2303-b, CPLR; add §60.38, Pen L; amd §§378-a & 390-b, Soc Serv L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S4311A
2009-2010: A245

S340 - Summary

Relates to mandatory orders of protection for personal information pertaining to victims; relates to service of a subpoena by a pro se litigant.

S340 - Sponsor Memo

S340 - Bill Text download pdf

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

                                   340

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen.  DeFRANCISCO -- read twice and ordered printed, and
  when printed to be committed to the Committee on Codes

AN ACT to amend the criminal procedure law, the family  court  act,  the
  civil  practice  law  and rules, the penal law and the social services
  law, in relation to restricting the ability of perpetrators of violent
  crimes to access personal records of their victims; and to  amend  the
  civil  practice law and rules, in relation to service of a subpoena by
  a pro se litigant

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

  Section  1. Section 240.50 of the criminal procedure law is amended by
adding a new subdivision 5 to read as follows:
  5. NOTWITHSTANDING ANY OTHER PROVISION OF THIS ARTICLE, IN THE CASE OF
A CRIMINAL ACTION INVOLVING A FELONY AS DEFINED IN SECTION 10.00 OF  THE
PENAL LAW:
  (A)  ENTAILING  SERIOUS PHYSICAL INJURY AS DEFINED IN SECTION 10.00 OF
THE PENAL LAW; OR
  (B) INVOLVING AN OFFENSE DESCRIBED IN ARTICLE ONE  HUNDRED  THIRTY  OF
THE PENAL LAW,
DISCOVERY  OF  MATERIAL  CONTAINING  PERSONAL  INFORMATION REGARDING THE
VICTIM AGAINST WHOM THE  FELONY  WAS  ALLEGEDLY  COMMITTED  IS  ALLOWED,
INCLUDING, BUT NOT LIMITED TO DISCOVERY OF MEDICAL, EDUCATIONAL, EMPLOY-
MENT  AND FINANCIAL INFORMATION AND NON-PUBLIC INFORMATION PERTAINING TO
THE VICTIM'S LOCATION, SHALL BE ALLOWED  ONLY  PURSUANT  TO  A  SUBPOENA
ISSUED  BY  THE  COURT  IN WHICH THE ACTION IS PENDING, AND A PROTECTIVE
ORDER DIRECTING THAT ANY SUCH MATERIAL SHALL BE USED FOR  THE  EXCLUSIVE
PURPOSE  OF  PREPARING  FOR  THE  DEFENSE OR PROSECUTION OF THE CRIMINAL
ACTION. ALL SUCH SUBPOENAS SERVED ON BEHALF  OF  THE  DEFENSE  SHALL  BE
SERVED BY THE DEFENDANT'S AGENT.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01463-01-3

Co-Sponsors

S340A (ACTIVE) - Details

Current Committee:
Law Section:
Penal Law
Laws Affected:
Amd §610.40, CP L; add §2303-b, CPLR; add §60.38, Pen L; amd §§378-a & 390-b, Soc Serv L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S4311A
2009-2010: A245

S340A (ACTIVE) - Summary

Relates to mandatory orders of protection for personal information pertaining to victims; relates to service of a subpoena by a pro se litigant.

S340A (ACTIVE) - Sponsor Memo

S340A (ACTIVE) - Bill Text download pdf

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

                                 340--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen.  DeFRANCISCO -- read twice and ordered printed, and
  when printed to be committed to the Committee on  Codes  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN  ACT  to amend the penal law and the social services law, in relation
  to mandatory orders of protection for personal information  pertaining
  to  victims;  and  to  amend  the civil practice law and rules and the
  criminal procedure law, in relation to service of a subpoena by a  pro
  se litigant

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

  Section 1.  The penal law is amended by adding a new section 60.38  to
read as follows:
S 60.38 MANDATORY  ORDER OF PROTECTION FOR PERSONAL INFORMATION PERTAIN-
          ING TO VICTIMS.
  1. WHENEVER PROCEEDINGS IN AN ADMINISTRATIVE TRIBUNAL OR  A  COURT  OF
THIS STATE RESULT IN A CONVICTION FOR A CRIME:
  (A) ENTAILING PHYSICAL INJURY; OR
  (B)  INVOLVING  AN  OFFENSE DESCRIBED IN ARTICLE ONE HUNDRED THIRTY OF
THIS CHAPTER,
THERE SHALL BE ISSUED AT SENTENCING A MANDATORY PROTECTIVE ORDER PROHIB-
ITING  THE  CONVICTED  PERSON  FROM  OBTAINING  ANY  NON-PUBLIC  RECORDS
CONTAINING  PERSONAL  INFORMATION  REGARDING THE VICTIM AGAINST WHOM THE
CRIME WAS COMMITTED, INCLUDING, BUT NOT LIMITED TO MEDICAL, EDUCATIONAL,
EMPLOYMENT AND FINANCIAL INFORMATION AND INFORMATION PERTAINING  TO  THE
VICTIM'S LOCATION. THIS ORDER SHALL BE A PERMANENT ORDER WHICH SHALL NOT
EXPIRE,  PROVIDED  THAT  IF  THE  CONVICTION  IS  REVERSED ON APPEAL, OR
VACATED PURSUANT TO ARTICLE FOUR HUNDRED FORTY OF THE CRIMINAL PROCEDURE
LAW, THE ORDER MAY BE CONCOMITANTLY MODIFIED OR VACATED BY THE COURT.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01463-02-3

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