Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 29, 2020 |
referred to codes delivered to assembly passed senate |
Jan 22, 2020 |
advanced to third reading |
Jan 21, 2020 |
2nd report cal. |
Jan 15, 2020 |
1st report cal.181 |
Jan 08, 2020 |
referred to mental health and developmental disabilities returned to senate died in assembly |
Jun 03, 2019 |
referred to judiciary delivered to assembly passed senate |
May 06, 2019 |
advanced to third reading |
May 01, 2019 |
2nd report cal. |
Apr 30, 2019 |
1st report cal.511 |
Mar 27, 2019 |
referred to mental health and developmental disabilities |
Senate Bill S4835
2019-2020 Legislative Session
Sponsored By
(D) 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
(D) Senate District
2019-S4835 (ACTIVE) - Details
2019-S4835 (ACTIVE) - Summary
Provides that court records in a proceeding under articles 77, 78 and 81 of the mental hygiene law shall not be perused, examined, disclosed, taken or copied by any other person than a party, the attorney or counsel of a party, the guardian, the court evaluator or the court examiner except by order of the court.
2019-S4835 (ACTIVE) - Sponsor Memo
BILL NUMBER: S4835 SPONSOR: CARLUCCI TITLE OF BILL: An act to amend the mental hygiene law, in relation to disclosure of the records of court proceedings PURPOSE: This legislation would limit access to the court records in Article 81 Guardianship proceedings. SUMMARY OF PROVISIONS: Section 1. Amends subdivision (b) of Section 81.14 of the Mental Hygiene Law to provide that the court records in a proceeding under Article 81 Guardianship proceeding shall not be perused, examined, disclosed, taken or copied by any other person than a party, the attorney or counsel of a party, the guardian, the court evaluator or the court examiner except by order of the court. Also subdivision (d) of Section 81.14 of the Mental Hygiene Law is amended to remove the requirement of the courts to inform the allegedly incapacitated person of his or her right to request that
2019-S4835 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 4835 2019-2020 Regular Sessions I N S E N A T E March 27, 2019 ___________ Introduced by Sen. CARLUCCI -- read twice and ordered printed, and when printed to be committed to the Committee on Mental Health and Develop- mental Disabilities AN ACT to amend the mental hygiene law, in relation to disclosure of the records of court proceedings THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivisions (b) and (d) of section 81.14 of the mental hygiene law, as added by chapter 698 of the laws of 1992, are amended to read as follows: (b) [The court shall not enter an order sealing the court records in a proceeding under this article, either in whole or in part, except upon a written finding of good cause, which shall specify the grounds thereof. In determining whether good cause has been shown, the court shall consider the interest of the public, the orderly and sound adminis- tration of justice, the nature of the proceedings, and the privacy of the person alleged to be incapacitated. Where it appears necessary or desirable, the court may prescribe appropriate notice and opportunity to be heard.] COURT RECORDS IN A PROCEEDING UNDER THIS ARTICLE SHALL NOT BE PERUSED, EXAMINED, DISCLOSED, TAKEN OR COPIED BY ANY OTHER PERSON THAN A PARTY, THE ATTORNEY OR COUNSEL OF A PARTY, THE GUARDIAN, THE COURT EVAL- UATOR OR THE COURT EXAMINER EXCEPT BY ORDER OF THE COURT. Court records shall include all documents and records of any nature filed with the clerk in connection with the proceeding. Documents obtained through disclosure and not filed with the clerk shall remain subject to protec- tive orders under the civil practice law and rules. (d) At the time of the commencement of the hearing, the court shall inform the allegedly incapacitated person of his or her right to request for good cause [that the court records be sealed and] that a person, persons, or the general public be excluded from the hearing. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02734-01-9
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