Bill S340A-2013

Relates to mandatory orders of protection for personal information pertaining to victims and relates to service of a subpoena by pro se litigant

Relates to mandatory orders of protection for personal information pertaining to victims; relates to service of a subpoena by a pro se litigant.

Details

Actions

  • Jan 8, 2014: REFERRED TO CODES
  • Jan 8, 2014: returned to senate
  • Jan 8, 2014: died in assembly
  • Jun 4, 2013: referred to codes
  • Jun 4, 2013: DELIVERED TO ASSEMBLY
  • Jun 4, 2013: PASSED SENATE
  • Jun 3, 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 9, 2013: REFERRED TO CODES

Votes

VOTE: COMMITTEE VOTE: - Codes - May 29, 2013
Ayes (15): Nozzolio, Boyle, DeFrancisco, Flanagan, Fuschillo, Gallivan, Golden, Lanza, O'Mara, Squadron, Perkins, Espaillat, Hoylman, O'Brien, Krueger

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.

Section 5 - amends section 610.40 of the criminal law.

Section 6 - Effective date

JUSTIFICATION: This bill seeks to address a situation that arose in a Central New York school district, wherein a convicted level 2 sex offender entered school grounds with a duly signed subpoena requesting the records of his 13-year-old victim in person. The perpetrator of a violent crime should not be able to obtain the personal records of his or her victim particularly in person when the victim is a child. If the violent felon needs these records for a court proceeding, then an agent should be required to obtain the records on his or her behalf.

LEGISLATIVE HISTORY: 2011-2012 - S.4311A/A.603-A; 2009-2010: A.245 2007-2008: A.9923

FISCAL IMPLICATIONS: None

EFFECTIVE DATE: On the ninetieth day after it shall have become law.


Text

STATE OF NEW YORK ________________________________________________________________________ 340--A 2013-2014 Regular Sessions IN SENATE (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.
2. THE PROVISIONS OF THIS SECTION SHALL APPLY TO SENTENCES IMPOSED UPON A YOUTHFUL OFFENDER FINDING. 3. THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONVICTIONS AS DESCRIBED IN SUBDIVISION ONE OF THIS SECTION, REGARDLESS OF WHETHER THE SENTENCE WAS ONE INVOLVING IMPRISONMENT, PROBATION AND/OR A SUSPENDED SENTENCE. S 2. Paragraph (d) of subdivision 2 of section 378-a of the social services law, as added by chapter 7 of the laws of 1999, is amended to read as follows: (d) Notwithstanding any other provision of law to the contrary, the office of children and family services, upon receipt of a criminal history record from the division of criminal justice services, may request, and is entitled to receive, information pertaining to any offense contained in such criminal history record from any state or local law enforcement agency or court for the purposes of determining whether any ground relating to such criminal conviction or pending crim- inal charge exists for denying an application; PROVIDED THAT NOTHING IN THIS SECTION SHALL BE CONSTRUED TO ALLOW A PERSON TO ACCESS RECORDS OF HIS OR HER VICTIM IN VIOLATION OF A PROTECTIVE ORDER ISSUED PURSUANT TO SECTION 60.38 OF THE PENAL LAW. S 3. Subdivision 5 of section 390-b of the social services law, as added by chapter 416 of the laws of 2000, is amended to read as follows: 5. Notwithstanding any other provision of law to the contrary, the office of children and family services, upon receipt of a criminal history record from the division of criminal justice services, may request, and is entitled to receive, information pertaining to any crime contained in such criminal history record from any state or local law enforcement agency, district attorney, parole officer, probation officer or court for the purposes of determining whether any ground relating to such criminal conviction or pending criminal charge exists for denying a license, registration, application or employment; PROVIDED THAT NOTHING IN THIS SECTION SHALL BE CONSTRUED TO ALLOW A PERSON TO ACCESS RECORDS OF HIS OR HER VICTIM IN VIOLATION OF A PROTECTIVE ORDER ISSUED PURSUANT TO SECTION 60.38 OF THE PENAL LAW. S 4. The civil practice law and rules is amended by adding a new section 2303-b to read as follows: S 2303-B. SERVICE OF A SUBPOENA BY A PRO SE LITIGANT. A PRO SE LITI- GANT MAY SERVE A SUBPOENA IN PERSON ONLY IF THE SUBPOENA IS A JUDICIAL SUBPOENA THAT EXPLICITLY PERMITS SUCH SERVICE. S 5. Section 610.40 of the criminal procedure law is amended to read as follows: S 610.40 Securing attendance of witnesses by subpoena; how and by whom subpoena may be served. A subpoena may be served by any person more than eighteen years old. A SUBPOENA SERVED ON BEHALF OF A DEFENDANT IN A CRIMINAL PROCEEDING SHALL BE SERVED BY AN AGENT OF THE DEFENDANT AND NOT BY THE DEFENDANT IN PERSON EXCEPT AS PROVIDED IN SECTION TWENTY-THREE HUNDRED THREE-B OF THE CIVIL PRACTICE LAW AND RULES. Service must be made in the manner provided by the civil practice law and rules for the service of subpoe- nas in civil cases. S 6. This act shall take effect on the ninetieth day after it shall have become a law.

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