Assembly Bill A9553

Signed By Governor
2011-2012 Legislative Session

Grants the state commission of correction authority to access inmate medical records

download bill text pdf

Sponsored By

Archive: Last Bill Status Via S6847 - Signed by Governor


  • 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

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2011-A9553 (ACTIVE) - Details

See Senate Version of this Bill:
S6847
Law Section:
Correction Law
Laws Affected:
Amd §46, Cor L

2011-A9553 (ACTIVE) - Summary

Grants the state commission of correction authority to access inmate medical records.

2011-A9553 (ACTIVE) - Bill Text download pdf

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

                                  9553

                          I N  A S S E M B L Y

                             March 13, 2012
                               ___________

Introduced  by  M.  of  A. AUBRY -- (at request of the NYS Commission of
  Correction) -- read once and referred to the Committee on Correction

AN ACT to amend the correction law, in relation to  granting  the  state
  commission of correction authority to access inmate medical records

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 1 of section 46 of the correction law, as added
by chapter 865 of the laws of 1975, is amended to read as follows:
  1.   The commission, any member or  any  employee  designated  by  the
commission  must  be  granted access at any and all times to any correc-
tional facility or part  thereof  and  to  all  books,  records,  INMATE
MEDICAL  RECORDS and data pertaining to any correctional facility deemed
necessary for  carrying  out  the  commission's  functions,  powers  and
duties.    The  commission, any member or any employee designated by the
chairman may require from the officers or employees  of  a  correctional
facility  any  information  deemed necessary for the purpose of carrying
out the commission's functions, powers and duties.
  S 2. Subdivision 2 of section 46 of the correction law, as amended  by
chapter 536 of the laws of 1994, is amended to read as follows:
  2. In the exercise of its functions, powers and duties, the commission
[and],  any  member,  AND  ANY  ATTORNEY  EMPLOYED  BY THE COMMISSION is
authorized to issue and enforce a subpoena and a subpoena  duces  tecum,
administer  oaths and examine persons under oath, in accordance with and
pursuant to civil practice law and rules. A person examined  under  oath
pursuant  to  this subdivision shall have the right to be accompanied by
counsel who shall advise the person of their rights subject  to  reason-
able  limitations  to  prevent obstruction of, or interference with, the
orderly conduct of the examination.  NOTWITHSTANDING ANY OTHER PROVISION
OF LAW, A SUBPOENA MAY BE ISSUED AND ENFORCED PURSUANT TO THIS  SUBDIVI-
SION  FOR  THE  MEDICAL RECORDS OF AN INMATE OF A CORRECTIONAL FACILITY,
REGARDLESS OF WHETHER SUCH MEDICAL RECORDS WERE MADE DURING  THE  COURSE
OF THE INMATE'S INCARCERATION.
  S 3. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14466-01-2
              

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