Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jun 18, 2014 |
referred to codes delivered to assembly passed senate |
Feb 04, 2014 |
advanced to third reading |
Feb 03, 2014 |
2nd report cal. |
Jan 28, 2014 |
1st report cal.80 |
Jan 08, 2014 |
referred to judiciary returned to senate died in assembly |
Jun 04, 2013 |
referred to codes delivered to assembly passed senate |
Jun 03, 2013 |
advanced to third reading |
May 30, 2013 |
2nd report cal. |
May 29, 2013 |
1st report cal.763 |
Apr 24, 2013 |
referred to judiciary |
Senate Bill S4792
2013-2014 Legislative Session
Sponsored By
(R, C, IP) Senate District
Archive: Last Bill Status - In Assembly Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Votes
co-Sponsors
(R, C, IP) Senate District
(R, C) Senate District
(R, C, IP) Senate District
(R, C, IP) Senate District
2013-S4792 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A7114
- Current Committee:
- Assembly Codes
- Law Section:
- Family Court Act
- Laws Affected:
- Amd ยง166, Fam Ct Act
2013-S4792 (ACTIVE) - Sponsor Memo
BILL NUMBER:S4792 TITLE OF BILL: An act to amend the family court act, in relation to the inspection of family court proceedings records when a defendant who is the subject of such records is charged with a sex offense PURPOSE: This bill will allow the inspection of family court proceedings records when a defendant who is the subject of such records is charged with a sex offense. SUMMARY OF PROVISIONS: Section 1 - Amends Section 166 of the family court act. Section 2 - Effective date. JUSTIFICATION: In March of 2013, a 29 year man required to wear an electronic monitoring device as a condition of his release from jail on child pornography charges, brought in federal Court, disabled the device, and traveled to a local mall in a Syracuse suburb, where he abducted a woman and ten year old child. He raped the ten-year old and then murdered the woman. During the investigation of this heinous crime it was discovered that the perpetrator had a sealed family Court record related to a previous sexual offense charge. Had those records been unsealed and reviewed at the time the child pornography charges were brought, this man may not have been granted the conditional
2013-S4792 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 4792 2013-2014 Regular Sessions I N S E N A T E April 24, 2013 ___________ Introduced by Sen. DeFRANCISCO -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary AN ACT to amend the family court act, in relation to the inspection of family court proceedings records when a defendant who is the subject of such records is charged with a sex offense THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 166 of the family court act is amended to read as follows: S 166. Privacy of records. 1. The records of any proceeding in the family court shall not be open to indiscriminate public inspection. However, the court in its discretion in any case may permit the inspection of any papers or records. Any duly authorized agency, associ- ation, society or institution to which a child is committed may cause an inspection of the record of investigation to be had and may in the discretion of the court obtain a copy of the whole or part of such record. 2. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION, IN ANY CRIMINAL PROCEEDING IN WHICH THE DEFENDANT IS CHARGED WITH A SEX OFFENSE, AS SUCH TERM IS DEFINED IN SUBDIVISION TWO OR THREE OF SECTION ONE HUNDRED SIXTY-EIGHT-A OF THE CORRECTION LAW, AND SUCH DEFENDANT IS THE SUBJECT OF RECORDS OF A PRIOR PROCEEDING IN THE FAMILY COURT WHICH ARE NOT OPEN TO PUBLIC INSPECTION, THE FAMILY COURT SHALL, UPON REQUEST BY THE PROSECUTOR IN SUCH CRIMINAL PROCEEDING OR THE COURT WITH JURIS- DICTION OVER SUCH CRIMINAL PROCEEDING, INSPECT THE RECORDS OF SUCH PRIOR FAMILY COURT PROCEEDING. IF THE FAMILY COURT FINDS, AFTER INSPECTION, THAT SUCH RECORDS SHOW A SEX OFFENSE WAS COMMITTED BY SUCH DEFENDANT, THEN THE COURT SHALL MAKE SUCH RECORDS AVAILABLE TO THE PROSECUTOR, COURT AND ATTORNEY FOR THE DEFENDANT IN SUCH CRIMINAL PROCEEDING. IF THE FAMILY COURT FINDS THAT NO SEX OFFENSE WAS COMMITTED BY SUCH DEFENDANT, THEN SUCH RECORDS SHALL REMAIN CLOSED TO PUBLIC INSPECTION. S 2. This act shall take effect immediately. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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