Authorizes the assistant corporation counsel or assistant county attorney, within a presentment agency, to issue subpoenas duces tecum for records prior to the origination of a juvenile delinquency proceeding, when such records are necessary for the preparation or filing of a petition to commence such proceeding.
STATE OF NEW YORK
________________________________________________________________________
3532
2011-2012 Regular Sessions
IN ASSEMBLY
January 25, 2011
___________
Introduced by M. of A. P. RIVERA -- Multi-Sponsored by -- M. of A. BENE-
DETTO, BOYLAND, GALEF, PEOPLES-STOKES, SWEENEY, WEISENBERG -- read
once and referred to the Committee on Judiciary
AN ACT to amend the family court act, in relation to the issuance of
subpoenas duces tecum in juvenile delinquency cases
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The family court act is amended by adding a new section
2 309.1 to read as follows:
3 § 309.1. Issuance of subpoenas duces tecum prior to originating a
4 juvenile delinquency proceeding. An assistant corporation counsel or
5 assistant county attorney within a presentment agency, as an officer of
6 the court, may issue a subpoenas duces tecum for records prior to the
7 origination of a juvenile delinquency proceeding, where such records are
8 necessary for the preparation or filing of a petition under this arti-
9 cle.
10 § 2. This act shall take effect on the ninetieth day after it shall
11 have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00408-01-1