senate Bill S4792

Provides for the inspection of family court proceedings records when a defendant who is the subject of such records is charged with a sex offense

download pdf

Sponsor

Co-Sponsors

view all co-sponsors

Bill Status


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

actions

  • 24 / Apr / 2013
    • REFERRED TO JUDICIARY
  • 29 / May / 2013
    • 1ST REPORT CAL.763
  • 30 / May / 2013
    • 2ND REPORT CAL.
  • 03 / Jun / 2013
    • ADVANCED TO THIRD READING
  • 04 / Jun / 2013
    • PASSED SENATE
  • 04 / Jun / 2013
    • DELIVERED TO ASSEMBLY
  • 04 / Jun / 2013
    • REFERRED TO CODES
  • 08 / Jan / 2014
    • DIED IN ASSEMBLY
  • 08 / Jan / 2014
    • RETURNED TO SENATE
  • 08 / Jan / 2014
    • REFERRED TO JUDICIARY
  • 28 / Jan / 2014
    • 1ST REPORT CAL.80
  • 03 / Feb / 2014
    • 2ND REPORT CAL.
  • 04 / Feb / 2014
    • ADVANCED TO THIRD READING
  • 18 / Jun / 2014
    • PASSED SENATE
  • 18 / Jun / 2014
    • DELIVERED TO ASSEMBLY
  • 18 / Jun / 2014
    • REFERRED TO CODES

Summary

Provides for the inspection of family court proceedings records when a defendant who is the subject of such record is charged with a sex offense.

do you support this bill?

Bill Details

See Assembly Version of this Bill:
A7114
Versions:
S4792
Legislative Cycle:
2013-2014
Current Committee:
Assembly Codes
Law Section:
Family Court Act
Laws Affected:
Amd ยง166, Fam Ct Act

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
release, and this tragic crime could have been prevented. By granting
a Family Court officer the authority to review sealed records to
determine if that record pertains to a sexual offense, and promptly
provide them to a Court and/or prosecutor, future catastrophic events
such as this could be prevented. However, the bill also continues to
afford protections to juveniles for offenses which are not sexual
offenses by requiring that those records continue to remain sealed,
unless released after a hearing as current law allows.

LEGISLATIVE HISTORY: New bill

FISCAL IMPLICATIONS: None

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
________________________________________________________________________

                                  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.
                                                           LBD10528-01-3

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.