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Senate Bill S228

2023-2024 Legislative Session

Requires notice be provided to any officer or employee of the department of corrections and community supervision whose personal information is the subject of a subpoena duces tecum

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Archive: Last Bill Status - In Senate Committee Crime Victims, Crime And Correction Committee

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2023-S228 (ACTIVE) - Details

See Assembly Version of this Bill:
A5818
Current Committee:
Senate Crime Victims, Crime And Correction
Law Section:
Correction Law
Laws Affected:
Amd §112, Cor L
Versions Introduced in Other Legislative Sessions:
2009-2010: S5207
2011-2012: S3786
2013-2014: S3338
2015-2016: S3818
2017-2018: S3581
2019-2020: S1581
2021-2022: S2638
2025-2026: S961, A1739

2023-S228 (ACTIVE) - Summary

Requires that notice be provided to any officer or employee of the department of corrections and community supervision whose personal information is the subject of a subpoena duces tecum.

2023-S228 (ACTIVE) - Sponsor Memo

2023-S228 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    228
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2023
                                ___________
 
 Introduced by Sens. GALLIVAN, HELMING -- 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 corrections and community super-
   vision
 
   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.
   § 2. This act shall take effect immediately.
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00105-01-3

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