Relates to the subpoena power of the commissioner of corrections.
Ayes (59): Adams, Addabbo, Aubertine, Bonacic, Breslin, DeFrancisco, Diaz, Dilan, Duane, Espada, Farley, Flanagan, Foley, Fuschillo, Golden, Griffo, Hannon, Hassell-Thomps, Huntley, Johnson C, Klein, Krueger, Kruger, Lanza, Larkin, LaValle, Leibell, Libous, Little, Marcellino, Maziarz, McDonald, Montgomery, Nozzolio, Onorato, Oppenheimer, Padavan, Parker, Peralta, Perkins, Ranzenhofer, Robach, Saland, Sampson, Savino, Schneiderman, Serrano, Seward, Skelos, Smith, Squadron, Stachowski, Stavisky, Stewart-Cousins, Thompson, Valesky, Volker, Winner, Young
Excused (3): Alesi, Johnson O, Morahan
BILL NUMBER: S5207
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 or 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 2 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 : New bill.
FISCAL IMPLICATIONS : None.
EFFECTIVE DATE : Immediately.