Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
May 11, 2010 |
referred to governmental operations |
Assembly Bill A11039
2009-2010 Legislative Session
Sponsored By
DENDEKKER
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
co-Sponsors
Earlene Hooper
multi-Sponsors
Richard Gottfried
Albert A. Stirpe
2009-A11039 (ACTIVE) - Details
- Current Committee:
- Assembly Governmental Operations
- Law Section:
- Public Officers Law
- Laws Affected:
- Add ยง81, Pub Off L
- Versions Introduced in 2011-2012 Legislative Session:
-
A4797
2009-A11039 (ACTIVE) - Sponsor Memo
BILL NUMBER:A11039 TITLE OF BILL: An act to amend the public officers law, in relation to the release of sealed court records PURPOSE OR GENERAL IDEA OF BILL: To establish the crime of intentionally releasing or otherwise disclosing the nature, substance or contents of a sealed court record. SUMMARY OF PROVISIONS: Section 1 of the bill would create a new section 81 in the public officers law which would establish the crime of inten- tionally releasing or otherwise disclosing the nature, substance or contents of a sealed court record. Section 1, subsection 2 provides a definition for a "sealed court record." Section 2 of this bill would specify an immediate effective date, JUSTIFICATION: Under limited circumstances, criminal and family court records may be sealed to protect the subject of the record from the -significant and fundamental limitations, scrutiny and stigma that they might otherwise suffer as a result of a public record. Once a record is sealed, in the eyes of the law, the entire incident never occurred. In most respects, a sealing restores you to the status you occupied before being arrested or charged.
2009-A11039 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 11039 I N A S S E M B L Y May 11, 2010 ___________ Introduced by M. of A. DenDEKKER -- read once and referred to the Committee on Governmental Operations AN ACT to amend the public officers law, in relation to the release of sealed court records THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The public officers law is amended by adding a new section 81 to read as follows: S 81. RELEASE OF SEALED COURT RECORDS. 1. ANY PERSON WHO INTENTIONALLY RELEASES OR OTHERWISE DISCLOSES TO ANOTHER THE NATURE, SUBSTANCE OR CONTENTS OF A SEALED COURT RECORD, EXCEPT IF REQUIRED BY STATUTE OR UPON WRITTEN ORDER ISSUED BY A COURT OF COMPETENT JURISDICTION, SHALL BE GUILTY OF A CLASS A MISDEMEANOR. NOTHING CONTAINED HEREIN SHALL PROHIBIT AN INDIVIDUAL WHO IS THE SUBJECT OF A SEALED COURT RECORD FROM DISCLOS- ING TO ANOTHER THE NATURE, SUBSTANCE OR CONTENTS OF HIS OR HER COURT RECORD. 2. A "SEALED COURT RECORD" SHALL MEAN ANY RECORD REQUIRED TO BE SEALED PURSUANT TO SECTIONS 160.50, 160.55, 160.58, 720.15, OR 725.15 OF THE CRIMINAL PROCEDURE LAW, OR SECTIONS 375.2 OR 375.1 OF THE FAMILY COURT ACT. S 2. This act shall take effect immediately. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD17223-01-0
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