Assembly Bill A6945

2019-2020 Legislative Session

Relates to the issuance of subpoena duces tecum

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly Committee

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

Do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.
Actions

2019-A6945 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §610.20, CP L
Versions Introduced in Other Legislative Sessions:
2011-2012: A6874
2013-2014: A3669
2015-2016: A2967
2017-2018: A3880

2019-A6945 (ACTIVE) - Summary

Relates to the issuance of subpoena duces tecum.

2019-A6945 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6945
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 27, 2019
                                ___________
 
 Introduced by M. of A. LENTOL -- read once and referred to the Committee
   on Codes
 
 AN  ACT  to  amend  the  criminal procedure law, in relation to subpoena
   duces tecum
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  Subdivision 3 of section 610.20 of the criminal procedure
 law is amended to read as follows:
   3.  An attorney for a defendant in a criminal action or proceeding, as
 an officer of a criminal court, may issue  a  subpoena  of  such  court,
 subscribed  by  himself, for the attendance in such court of any witness
 whom the defendant is entitled to call in such action or proceeding.  An
 attorney for a defendant may not issue a subpoena  duces  tecum  of  the
 court  directed to any department, bureau or agency of the state or of a
 political subdivision thereof, or to any officer or representative ther-
 eof.  Such a subpoena duces tecum may be issued in behalf of a defendant
 upon order of a court pursuant to the rules applicable to civil cases as
 provided in section twenty-three hundred seven of the civil practice law
 and rules.  NOTHING IN THIS ARTICLE OR IN ARTICLE TWO HUNDRED  FORTY  OF
 THIS  CHAPTER PRECLUDES ISSUANCE OF A COURT-ORDERED SUBPOENA DUCES TECUM
 FOR POLICE REPORTS OR RECORDS  OR  LAW  ENFORCEMENT  AGENCY  REPORTS  OR
 RECORDS  CONTAINING  NON-PRIVILEGED INFORMATION RELEVANT TO THE CRIMINAL
 ACTION OR PROCEEDING.
   § 2. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10382-01-9

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.