Bill Text: NY A07904 | 2009-2010 | General Assembly | Introduced

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Bill Title: Limits subpoena power to those situations of emergency and requires the superintendent to apply for a court order authorizing the issuance of such subpoena; further requires the member of the division of state police to be notified of a subpoena directed towards such member within twenty-four hours of issuance.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2010-01-06 - referred to governmental operations [A07904 Detail]

Download: New_York-2009-A07904-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         7904
                              2009-2010 Regular Sessions
                                 I N  A S S E M B L Y
                                    April 28, 2009
                                      ___________
       Introduced by M. of A. ABBATE -- read once and referred to the Committee
         on Governmental Operations
       AN ACT to amend the executive law, in relation to the authority to issue
         subpoenas
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Section 215 of the executive law is amended by adding a new
    2  subdivision 3-b to read as follows:
    3    3-B. NOTWITHSTANDING ANY OTHER LAW, RULE OR REGULATION TO THE  CONTRA-
    4  RY,  ANY  SUBPOENA  POWER  GRANTED  TO  THE SUPERINTENDENT OR HIS OR HER
    5  DESIGNEE SHALL BE LIMITED TO THOSE  SITUATIONS  OF  EMERGENCY  THAT  MAY
    6  JEOPARDIZE THE SAFETY OF THE PUBLIC. IN ALL OTHER SITUATIONS, THE SUPER-
    7  INTENDENT OR HIS OR HER DESIGNEE SHALL APPLY FOR A COURT ORDER AUTHORIZ-
    8  ING  THE  ISSUANCE  OF  SUCH  SUBPOENA. IN ANY EVENT, IF THE SUBPOENA IS
    9  DIRECTED TOWARD ANY MEMBER OF THE DIVISION OF STATE POLICE, SUCH  MEMBER
   10  SHALL  BE  NOTIFIED OF THE SUBPOENA WITHIN TWENTY-FOUR HOURS OF THE DATE
   11  SUCH SUBPOENA WAS ISSUED OR OTHERWISE AUTHORIZED.
   12    S 2. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04872-01-9