Bill Text: NY S00961 | 2025-2026 | General Assembly | Introduced

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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) 2025-01-08 - REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION [S00961 Detail]

Download: New_York-2025-S00961-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                           961

                               2025-2026 Regular Sessions

                    IN SENATE

                                       (Prefiled)

                                     January 8, 2025
                                       ___________

        Introduced  by  Sens.  GALLIVAN,  BORRELLO, HELMING, OBERACKER, PALUMBO,
          RHOADS -- 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] such person of books, writings and papers. A subpoe-
    13  na issued under this section shall be regulated by  the  civil  practice
    14  law and rules, provided, however, any officer or employee of the depart-
    15  ment whose personal information is the subject of a subpoena duces tecum
    16  shall  be  provided  written  notice of such subpoena duces tecum within
    17  five business 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.
                                                                   LBD02822-01-5