S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1793
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 12, 2011
                                      ___________
       Introduced  by M. of A. AUBRY -- read once and referred to the Committee
         on Correction
       AN ACT to amend the correction law, in relation to the subpoena power of
         the commissioner of the department of correctional services
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Subdivision  2  of  section 112 of the correction law, as
    2  amended by chapter 476 of the laws  of  1970,  is  amended  to  read  as
    3  follows:
    4    2.  The commissioner of correction may require reports from the super-
    5  intendent or any other officer or employee of the department assigned to
    6  any correctional facility in relation to his conduct as such officer  or
    7  employee,  and shall have the power to inquire into any improper conduct
    8  which may be alleged to have been committed by any person at any correc-
    9  tional facility, and for that purpose to issue subpoenas to  compel  the
   10  attendance  of  witnesses, and the production before him of books, writ-
   11  ings and papers. A subpoena issued under this section shall be regulated
   12  by the civil practice law and rules, PROVIDED, HOWEVER, ANY  OFFICER  OR
   13  EMPLOYEE  OF THE DEPARTMENT WHOSE PERSONAL INFORMATION IS THE SUBJECT OF
   14  A SUBPOENA DUCES TECUM SHALL BE PROVIDED WRITTEN NOTICE OF SUCH SUBPOENA
   15  DUCES TECUM WITHIN FIVE BUSINESS DAYS OF SUCH COMMISSIONER ISSUING  SUCH
   16  SUBPOENA.  The commissioner of correction is authorized and empowered to
   17  lease  the  railroad, constructed under and by the authority of the laws
   18  of eighteen hundred  [and]  seventy-eight,  chapter  one  hundred  [and]
   19  forty-eight,  for  such term of years and upon such terms and conditions
   20  as shall be approved of, in writing, by the governor and comptroller  of
   21  this state.
   22    S 2. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04689-01-1