Bill Text: NY S00228 | 2023-2024 | General Assembly | Introduced

---

Bill Title: 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.

Spectrum: Partisan Bill (Republican 6-0)

Status: (Introduced) 2024-01-03 - REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION [S00228 Detail]

Download: New_York-2023-S00228-Introduced.html

---

                STATE OF NEW YORK
        ________________________________________________________________________

                                           228

                               2023-2024 Regular Sessions

                    IN SENATE

                                       (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:

     1    Section  1.  Subdivision  3  of  section 112 of the correction law, as
     2  amended by section 19 of subpart A of part C of chapter 62 of  the  laws
     3  of 2011, is amended to read as follows:
     4    3. The commissioner may require reports from the superintendent or any
     5  other officer or employee of the department assigned to any correctional
     6  facility  or  to perform community supervision in relation to his or her
     7  conduct as such officer or employee, and shall have the power to inquire
     8  into any improper conduct which may be alleged to have been committed by
     9  any person at any correctional facility or in the course of his  or  her
    10  performance  of  community  supervision,  and  for that purpose to issue
    11  subpoenas to compel the attendance  of  witnesses,  and  the  production
    12  before him or her of books, writings and papers. A subpoena issued under
    13  this  section  shall  be  regulated by the civil practice law and rules,
    14  provided, however, any officer  or  employee  of  the  department  whose
    15  personal  information  is the subject of a subpoena duces tecum shall be
    16  provided written notice of such subpoena duces tecum within  five  busi-
    17  ness days of the commissioner issuing such subpoena.
    18    § 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