Bill Text: NY A06945 | 2019-2020 | General Assembly | Introduced


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

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-01-08 - referred to codes [A06945 Detail]

Download: New_York-2019-A06945-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          6945
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                     March 27, 2019
                                       ___________
        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    § 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.
                                                                   LBD10382-01-9
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