Requires that notice be provided to any officer or employee of the department of correctional services whose personal information is the subject of a subpoena duces tecum.
Ayes (13): Gallivan, Carlucci, DeFrancisco, Griffo, Little, Maziarz, Nozzolio, Ritchie, Hassell-Thompson, Montgomery, Hoylman, Peralta, Rivera
Ayes (61): Adams, Addabbo, Avella, Ball, Bonacic, Boyle, Breslin, Carlucci, DeFrancisco, Dilan, Espaillat, Farley, Felder, Flanagan, Fuschillo, Gallivan, Gianaris, Gipson, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Hoylman, Kennedy, Klein, Krueger, Lanza, Larkin, Latimer, LaValle, Libous, Little, Marcellino, Marchione, Martins, Maziarz, Montgomery, Nozzolio, O'Brien, O'Mara, Parker, Peralta, Perkins, Ranzenhofer, Rivera, Robach, Sampson, Sanders, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Tkaczyk, Valesky, Young, Zeldin
Excused (2): Diaz, Ritchie
TITLE OF BILL: An act to amend the correction law, in relation to the subpoena power of the commissioner of the department of correctional services
PURPOSE: To require that notice be provided to any officer or employee of the Department of Correctional. Services whose personal information is the subject of a subpoena duces tecum.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 of the bill requires the Commissioner to provide written notice within five (5) business days of issuing a subpoena duces tecum to any employee or officer of the Department whose personal information is the subject of such subpoena. Section 3 of the bill provides an immediate effective date.
EXISTING LAW: Such notice is not currently required under the provisions of the Correction Law or the Civil Practice Law and Rules.
JUSTIFICATION: The Commissioner of the Department of Correctional Services is authorized to issue subpoenas compelling the production of books, writings and Papers of any officer or employee of the department whose conduct is being investigated. The provisions of law governing the issuance of such subpoenas do not require that any notice be provided to the employee or officer who is the subject of such a subpoena. As such, officer and employees, for example, may have their personal telephone records subpoenaed without their personal knowledge.
This proposed legislation would not in any way limit the authority of the Commissioner in terms of his or her ability to issue subpoenas. Rather, it would simply ensure that an employee or officer whose Personal information is the subject of a subpoena receives some minimal notice with respect to such subpoena.
PRIOR LEGISLATIVE HISTORY: Senate: 2009-10: S.5207 - Passed Senate Assembly 2009-10: A.8064 (Aubry) - Referred to Correction
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: Immediately.
STATE OF NEW YORK ________________________________________________________________________ 3338 2013-2014 Regular Sessions IN SENATE February 1, 2013 ___________Introduced by Sens. HASSELL-THOMPSON, KRUEGER -- 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 correctional services 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. S 2. This act shall take effect immediately.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD05941-01-3