Bill Text: NY A03669 | 2013-2014 | General Assembly | Introduced

New York Assembly Bill 3669 (Prior Session Legislation)

Introduced

Bill Title: Relates to the issuance of subpoena duces tecum.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2014-01-08 - referred to codes [A03669 Detail]

Download: New_York-2013-A03669-Introduced.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3669
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 28, 2013
                                      ___________
       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.
                                                                  LBD04668-01-3