S3338-2013 - NY Senate Open Legislation - Requires 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

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.

Sponsor: HASSELL-THOMPSON

Co-sponsor(s): AVELLA, KRUEGER

Law Section: Correction Law
Law: Amd S112, Cor L

S3338-2013 Actions

Feb 28, 2013: ADVANCED TO THIRD READING
Feb 27, 2013: 2ND REPORT CAL.
Feb 12, 2013: 1ST REPORT CAL.90
Feb 1, 2013: REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION

S3338-2013 Meetings

Crime Victims, Crime and Correction: Feb 12, 2013

S3338-2013 Calendars

S3338-2013 Votes

VOTE: COMMITTEE VOTE: - Crime Victims, Crime and Correction - Feb 12, 2013

Ayes (13): Gallivan, Carlucci, DeFrancisco, Griffo, Little, Maziarz, Nozzolio, Ritchie, Hassell-Thompson, Montgomery, Hoylman, Peralta, Rivera

S3338-2013 Memo

BILL NUMBER:S3338

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.

S3338-2013 Text


                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                    3338

                         2013-2014 Regular Sessions

                              I N  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

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S3338-2013: Requires 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