Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
May 21, 2014 |
referred to codes delivered to assembly passed senate |
May 12, 2014 |
advanced to third reading |
May 07, 2014 |
2nd report cal. |
May 06, 2014 |
1st report cal.570 |
Jan 08, 2014 |
referred to codes returned to senate died in assembly |
Jun 04, 2013 |
referred to codes delivered to assembly passed senate |
Jun 03, 2013 |
advanced to third reading |
May 30, 2013 |
2nd report cal. |
May 29, 2013 |
1st report cal.771 |
May 21, 2013 |
print number 340a |
May 21, 2013 |
amend (t) and recommit to codes |
Jan 09, 2013 |
referred to codes |
Senate Bill S340A
2013-2014 Legislative Session
Sponsored By
(R, C, IP) Senate District
Archive: Last Bill Status - In Assembly Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Votes
Bill Amendments
2013-S340 - Details
- Current Committee:
- Assembly Codes
- Law Section:
- Penal Law
- Laws Affected:
- Amd §610.40, CP L; add §2303-b, CPLR; add §60.38, Pen L; amd §§378-a & 390-b, Soc Serv L
- Versions Introduced in 2011-2012 Legislative Session:
-
S4311
2013-S340 - Sponsor Memo
BILL NUMBER:S340 TITLE OF BILL: An act to amend the criminal procedure law, the family court act, the civil practice law and rules, the penal law and the social services law, in relation to restricting the ability of perpetrators of violent crimes to access personal records of their victims; and to amend the civil practice law and rules, in relation to service of a subpoena by a pro se litigant PURPOSE: Prohibits violent felons from directly accessing the personal records of the victims of their crimes without legitimate legal purpose. SUMMARY OF PROVISIONS: Section 1 amends Section 240.50 of the criminal procedure law by adding a new subdivision 5 that provides that violent felons may only be allowed to obtain records of their victims with a subpoena by a court in which an action against him or her is pending in that court; all such subpoenas must be served by the defendant's agent. Section 2 amends Section 331.5 of the family court act by adding a new
2013-S340 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 340 2013-2014 Regular Sessions I N S E N A T E (PREFILED) January 9, 2013 ___________ Introduced by Sen. DeFRANCISCO -- read twice and ordered printed, and when printed to be committed to the Committee on Codes AN ACT to amend the criminal procedure law, the family court act, the civil practice law and rules, the penal law and the social services law, in relation to restricting the ability of perpetrators of violent crimes to access personal records of their victims; and to amend the civil practice law and rules, in relation to service of a subpoena by a pro se litigant THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 240.50 of the criminal procedure law is amended by adding a new subdivision 5 to read as follows: 5. NOTWITHSTANDING ANY OTHER PROVISION OF THIS ARTICLE, IN THE CASE OF A CRIMINAL ACTION INVOLVING A FELONY AS DEFINED IN SECTION 10.00 OF THE PENAL LAW: (A) ENTAILING SERIOUS PHYSICAL INJURY AS DEFINED IN SECTION 10.00 OF THE PENAL LAW; OR (B) INVOLVING AN OFFENSE DESCRIBED IN ARTICLE ONE HUNDRED THIRTY OF THE PENAL LAW, DISCOVERY OF MATERIAL CONTAINING PERSONAL INFORMATION REGARDING THE VICTIM AGAINST WHOM THE FELONY WAS ALLEGEDLY COMMITTED IS ALLOWED, INCLUDING, BUT NOT LIMITED TO DISCOVERY OF MEDICAL, EDUCATIONAL, EMPLOY- MENT AND FINANCIAL INFORMATION AND NON-PUBLIC INFORMATION PERTAINING TO THE VICTIM'S LOCATION, SHALL BE ALLOWED ONLY PURSUANT TO A SUBPOENA ISSUED BY THE COURT IN WHICH THE ACTION IS PENDING, AND A PROTECTIVE ORDER DIRECTING THAT ANY SUCH MATERIAL SHALL BE USED FOR THE EXCLUSIVE PURPOSE OF PREPARING FOR THE DEFENSE OR PROSECUTION OF THE CRIMINAL ACTION. ALL SUCH SUBPOENAS SERVED ON BEHALF OF THE DEFENSE SHALL BE SERVED BY THE DEFENDANT'S AGENT. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01463-01-3
co-Sponsors
(R, C, IP) Senate District
2013-S340A (ACTIVE) - Details
- Current Committee:
- Assembly Codes
- Law Section:
- Penal Law
- Laws Affected:
- Amd §610.40, CP L; add §2303-b, CPLR; add §60.38, Pen L; amd §§378-a & 390-b, Soc Serv L
- Versions Introduced in 2011-2012 Legislative Session:
-
S4311
2013-S340A (ACTIVE) - Sponsor Memo
BILL NUMBER:S340A TITLE OF BILL: An act to amend the penal law and the social services law, in relation to mandatory orders of protection for personal information pertaining to victims; and to amend the civil practice law and rules and the criminal procedure law, in relation to service of a subpoena by a pro se litigant PURPOSE: Prohibits violent felons from directly accessing the personal records of the victims of their crimes without legitimate legal purpose. SUMMARY OF PROVISIONS: Section 1 - amends the penal law by adding a new section 60.38 - mandatory order of protection for personal information pertaining to victims. Section 2 - amends paragraph (d) of subdivision 2 of section 378-a of the social services law, as added by chapter 7 of the laws of 1999. Section 3 - amends subdivision 5 of section 390-b of the social services law, as added by chapter 416 of the laws of 2000. Section 4 - amends the civil practice law and rules by adding a new section 2303-b -service of a subpoena by a pro se litigant.
2013-S340A (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 340--A 2013-2014 Regular Sessions I N S E N A T E (PREFILED) January 9, 2013 ___________ Introduced by Sen. DeFRANCISCO -- read twice and ordered printed, and when printed to be committed to the Committee on Codes -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the penal law and the social services law, in relation to mandatory orders of protection for personal information pertaining to victims; and to amend the civil practice law and rules and the criminal procedure law, in relation to service of a subpoena by a pro se litigant THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The penal law is amended by adding a new section 60.38 to read as follows: S 60.38 MANDATORY ORDER OF PROTECTION FOR PERSONAL INFORMATION PERTAIN- ING TO VICTIMS. 1. WHENEVER PROCEEDINGS IN AN ADMINISTRATIVE TRIBUNAL OR A COURT OF THIS STATE RESULT IN A CONVICTION FOR A CRIME: (A) ENTAILING PHYSICAL INJURY; OR (B) INVOLVING AN OFFENSE DESCRIBED IN ARTICLE ONE HUNDRED THIRTY OF THIS CHAPTER, THERE SHALL BE ISSUED AT SENTENCING A MANDATORY PROTECTIVE ORDER PROHIB- ITING THE CONVICTED PERSON FROM OBTAINING ANY NON-PUBLIC RECORDS CONTAINING PERSONAL INFORMATION REGARDING THE VICTIM AGAINST WHOM THE CRIME WAS COMMITTED, INCLUDING, BUT NOT LIMITED TO MEDICAL, EDUCATIONAL, EMPLOYMENT AND FINANCIAL INFORMATION AND INFORMATION PERTAINING TO THE VICTIM'S LOCATION. THIS ORDER SHALL BE A PERMANENT ORDER WHICH SHALL NOT EXPIRE, PROVIDED THAT IF THE CONVICTION IS REVERSED ON APPEAL, OR VACATED PURSUANT TO ARTICLE FOUR HUNDRED FORTY OF THE CRIMINAL PROCEDURE LAW, THE ORDER MAY BE CONCOMITANTLY MODIFIED OR VACATED BY THE COURT. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01463-02-3
Comments
Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.
Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.
Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.