senate Bill S4052A

Relates to orders of protection in youthful offenders cases

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 15 / Mar / 2011
    • REFERRED TO CODES
  • 12 / Apr / 2011
    • 1ST REPORT CAL.351
  • 13 / Apr / 2011
    • 2ND REPORT CAL.
  • 02 / May / 2011
    • ADVANCED TO THIRD READING
  • 02 / Jun / 2011
    • PASSED SENATE
  • 02 / Jun / 2011
    • DELIVERED TO ASSEMBLY
  • 02 / Jun / 2011
    • REFERRED TO CODES
  • 04 / Jan / 2012
    • DIED IN ASSEMBLY
  • 04 / Jan / 2012
    • RETURNED TO SENATE
  • 04 / Jan / 2012
    • REFERRED TO CODES
  • 08 / Feb / 2012
    • AMEND AND RECOMMIT TO CODES
  • 08 / Feb / 2012
    • PRINT NUMBER 4052A
  • 14 / Feb / 2012
    • 1ST REPORT CAL.203
  • 15 / Feb / 2012
    • 2ND REPORT CAL.
  • 29 / Feb / 2012
    • ADVANCED TO THIRD READING
  • 05 / Mar / 2012
    • PASSED SENATE
  • 05 / Mar / 2012
    • DELIVERED TO ASSEMBLY
  • 05 / Mar / 2012
    • REFERRED TO CODES

Summary

Relates to orders of protection in youthful offender cases.

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Bill Details

Versions:
S4052
S4052A
Legislative Cycle:
2011-2012
Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd ยง720.35, CP L

Sponsor Memo

BILL NUMBER:S4052A

TITLE OF BILL:
An act
to amend the criminal procedure law, in relation to orders of protection
in youthful
offender cases

JUSTIFICATION:
This is one in a series of measures being introduced at the request of
the Chief Administrative Judge upon the recommendation of her
Advisory Committee on Criminal Law and Procedure.

This measure would amend section 720.35 of the Criminal Procedure Law
("CPL") to insure that a final order of protection issued in
connection with a youthful offender adjudication is not sealed for
law enforcement purposes.

When a defendant is adjudicated a youthful offender, CPL 720.35(2)
provides that "all official records and papers, whether on file with
the court, a police agency or the division of criminal justice
services, relating to a case... are confidential and may not be made
available to any person or public or private agency..." In 1996,
however, the Legislature provided a limited exception to this
confidentiality provision as follows:

"...provided, however, that information regarding an order of
protection or temporary order of protection issued pursuant to
section 530.12 of this chapter or a warrant issued in connection
therewith may be maintained on the statewide automated order of
protection and warrant registry established pursuant to section two
hundred twenty-one-a of the executive law during the period that such
order of protection or temporary order of protection is in full force
and effect or during which such warrant may be executed. Such
confidential information may be available pursuant to law only for
purposes of adjudicating or enforcing such order of protection or
temporary order of protection."

By expressly excepting from the confidentiality provisions only those
orders of protection issued pursuant to 530.12, all orders of
protection issued outside the limited exception (i.e., orders of
protection issued under CPL 530.13) are still required to be kept
confidential. This results in the sealing of the order of protection
itself, even while the order of protection is in effect.

Consequently, a final order of protection issued against a youthful
offender in a non-family context is difficult to execute, and the
present law could frustrate the very purpose of the order;
namely, to protect the safety and welfare of the person for whom it is
issued.

This measure maintains the general rule that records regarding
youthful offender adjudication should remain confidential in most
instances. Notably, the measure does not broaden dissemination of any
information to the public regarding the youthful offender adjudication.
Disclosure is permitted only to the extent that, if applicable, the
order of protection may be maintained on the statewide registry of
orders of protection and may only be disclosed for the purposes of
adjudicating or enforcing the order. Thus, the measure appropriately
balances the salutary effect of keeping records of youthful offenders
confidential with the legitimate safety concerns of those for whom
the order is issued.

This measure, which would have no meaningful fiscal impact on the
State, would take effect immediately.

LEGISLATIVE HISTORY:
New bill.

FISCAL IMPLICATIONS:
None to the state.

EFFECTIVE DATE:
This act shall take effect immediately.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 4052--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             March 15, 2011
                               ___________

Introduced by Sen. GALLIVAN -- (at request of the Office of Court Admin-
  istration)  --  read twice and ordered printed, and when printed to be
  committed to the Committee on Codes -- recommitted to the Committee on
  Codes  in  accordance  with  Senate  Rule  6,  sec.  8  --   committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN  ACT  to  amend  the criminal procedure law, in relation to orders of
  protection in youthful offender cases

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subdivision 2 of section 720.35 of the criminal procedure
law, as amended by section 87 of subpart B of part C of  chapter  62  of
the laws of 2011, is amended to read as follows:
  2.  Except where specifically required or permitted by statute or upon
specific authorization of the court, all official  records  and  papers,
whether on file with the court, a police agency or the division of crim-
inal justice services, relating to a case involving a youth who has been
adjudicated  a  youthful  offender, are confidential and may not be made
available to any person or public or  private  agency,  other  than  the
designated  educational  official of the public or private elementary or
secondary school in which the youth is enrolled as  a  student  provided
that  such  local  educational official shall only have made available a
notice of such adjudication and shall not have access to any other offi-
cial records and papers, such youth or  such  youth's  designated  agent
(but  only where the official records and papers sought are on file with
a court and request therefor is made to that court or to a clerk  there-
of),  an institution to which such youth has been committed, the depart-
ment of corrections and community supervision and a probation department
of this state that requires such official records  and  papers  for  the
purpose of carrying out duties specifically authorized by law; provided,
however,  that information regarding an order of protection or temporary

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09513-02-2

S. 4052--A                          2

order of protection issued pursuant to section 530.12 OR 530.13 of  this
[chapter]  PART or a warrant issued in connection therewith may be main-
tained on the statewide automated order of protection and warrant regis-
try  established  pursuant  to  section  two hundred twenty-one-a of the
executive law during the period that such order of protection or  tempo-
rary  order  of  protection  is in full force and effect or during which
such warrant may be executed. Such confidential information may be  made
available pursuant to law only for purposes of adjudicating or enforcing
such  order  of  protection  or temporary order of protection and, where
provided to a designated educational official,  as  defined  in  section
380.90  of  this  chapter,  for purposes related to the execution of the
student's educational plan, where applicable, successful school  adjust-
ment  and  reentry  into  the community. Such notification shall be kept
separate and apart from such  student's  school  records  and  shall  be
accessible  only  by the designated educational official. Such notifica-
tion shall not be part of such student's  permanent  school  record  and
shall not be appended to or included in any documentation regarding such
student and shall be destroyed at such time as such student is no longer
enrolled  in  the school district. At no time shall such notification be
used for any purpose other than those specified in this subdivision.
  S 2. This act shall take effect immediately.

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