Bill Text: NY A02967 | 2015-2016 | General Assembly | Introduced
Bill Title: Relates to the issuance of subpoena duces tecum.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2016-01-06 - referred to codes [A02967 Detail]
Download: New_York-2015-A02967-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 2967 2015-2016 Regular Sessions I N A S S E M B L Y January 20, 2015 ___________ Introduced by M. of A. LENTOL -- read once and referred to the Committee on Codes AN ACT to amend the criminal procedure law, in relation to subpoena duces tecum 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 610.20 of the criminal procedure 2 law is amended to read as follows: 3 3. An attorney for a defendant in a criminal action or proceeding, as 4 an officer of a criminal court, may issue a subpoena of such court, 5 subscribed by himself, for the attendance in such court of any witness 6 whom the defendant is entitled to call in such action or proceeding. An 7 attorney for a defendant may not issue a subpoena duces tecum of the 8 court directed to any department, bureau or agency of the state or of a 9 political subdivision thereof, or to any officer or representative ther- 10 eof. Such a subpoena duces tecum may be issued in behalf of a defendant 11 upon order of a court pursuant to the rules applicable to civil cases as 12 provided in section twenty-three hundred seven of the civil practice law 13 and rules. NOTHING IN THIS ARTICLE OR IN ARTICLE TWO HUNDRED FORTY OF 14 THIS CHAPTER PRECLUDES ISSUANCE OF A COURT-ORDERED SUBPOENA DUCES TECUM 15 FOR POLICE REPORTS OR RECORDS OR LAW ENFORCEMENT AGENCY REPORTS OR 16 RECORDS CONTAINING NON-PRIVILEGED INFORMATION RELEVANT TO THE CRIMINAL 17 ACTION OR PROCEEDING. 18 S 2. This act shall take effect on the ninetieth day after it shall 19 have become a law. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02965-01-5