Requires that notice be provided to any officer or employee of the department of corrections and community supervision whose personal information is the subject of a subpoena duces tecum.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A5818
SPONSOR: Weprin (MS) TITLE OF BILL:
An act to amend the correction law, in relation to the subpoena power of
the commissioner of the department of corrections and community super-
vision
PURPOSE OR GENERAL IDEA OF BILL:
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 imme-
diate effective date.
Section 2 establishes the effective date.
JUSTIFICATION:
The Commissioner of the Department of Correctional Services is author-
ized to issue subpoenas compelling the production of books, writings and
papers of any officer or employee of the Department whose conduct is
being investigated. These provisions of law governing the issuance of
such subpoenas do not require that any notice be given to the employee
or officer who is the target of the subpoena. As such, officers 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:
03/23/17 referred to correction
01/03/18 referred to correction
FISCAL IMPLICATIONS:
None
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
5818
2023-2024 Regular Sessions
IN ASSEMBLY
March 23, 2023
___________
Introduced by M. of A. WEPRIN, PALMESANO, MILLER -- Multi-Sponsored by
-- M. of A. HAWLEY, HYNDMAN -- read once and referred to the Commit-
tee on Correction
AN ACT to amend the correction law, in relation to the subpoena power of
the commissioner of the department of corrections and community super-
vision
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 3 of section 112 of the correction law, as
2 amended by section 19 of subpart A of part C of chapter 62 of the laws
3 of 2011, is amended to read as follows:
4 3. The commissioner may require reports from the superintendent or any
5 other officer or employee of the department assigned to any correctional
6 facility or to perform community supervision in relation to his or her
7 conduct as such officer or employee, and shall have the power to inquire
8 into any improper conduct which may be alleged to have been committed by
9 any person at any correctional facility or in the course of his or her
10 performance of community supervision, and for that purpose to issue
11 subpoenas to compel the attendance of witnesses, and the production
12 before him or her of books, writings and papers. A subpoena issued under
13 this section shall be regulated by the civil practice law and rules,
14 provided, however, any officer or employee of the department whose
15 personal information is the subject of a subpoena duces tecum shall be
16 provided written notice of such subpoena duces tecum within five busi-
17 ness days of the commissioner issuing such subpoena.
18 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00105-01-3
