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.
STATE OF NEW YORK
________________________________________________________________________
1739
2025-2026 Regular Sessions
IN ASSEMBLY
January 14, 2025
___________
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] such person of books, writings and papers. A subpoe-
13 na issued under this section shall be regulated by the civil practice
14 law and rules, provided, however, any officer or employee of the depart-
15 ment whose personal information is the subject of a subpoena duces tecum
16 shall be provided written notice of such subpoena duces tecum within
17 five business 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.
LBD02822-01-5
