A 1739: 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