| Date of Action |
Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|---|---|
| Apr 28, 2010 |
print number 7286a |
| Apr 28, 2010 |
amend (t) and recommit to codes |
| Mar 29, 2010 |
referred to codes |
Senate Bill S7286
2009-2010 Legislative Session
Sponsored By
(D) Senate District
Archive: Last Bill Status - In Senate Committee Codes Committee
Actions
Bill Amendments
2009-S7286 - Details
- Current Committee:
- Senate Codes
- Law Section:
- Criminal Procedure Law
- Laws Affected:
- Add §215.85, Pen L
2009-S7286 - Sponsor Memo
BILL NUMBER: S7286
TITLE OF BILL :
An act to amend the criminal procedure law, in relation to
establishing a penalty for the illegal release of sealed records
PURPOSE :
To establish a misdemeanor penalty for the illegal release of sealed
records.
SUMMARY OF PROVISIONS :
Section 1. of the criminal procedure law is amended by adding a new
section 160.65.
JUSTIFICATION :
Currently, there is no penalty for violating criminal procedure law
regarding the release of sealed/dismissed information. The release of
this information is illegal and may unfairly prejudice opportunities
for schooling, employment, professional licenses and housing for the
person involved. This new legislation will establish criminal
penalties to those individuals and/or agencies that knowingly fail to
seal or release this sealed/dismissed information to the public and/or
media whether such person is living or deceased. This legislation will
protect a person's right to privacy and provide a mechanism of
protection against this form of injustice where there currently is
2009-S7286 - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
7286
I N S E N A T E
March 29, 2010
___________
Introduced by Sen. ESPADA -- read twice and ordered printed, and when
printed to be committed to the Committee on Codes
AN ACT to amend the criminal procedure law, in relation to establishing
a penalty for the illegal release of sealed records
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The criminal procedure law is amended by adding a new
section 160.65 to read as follows:
S 160.65 ILLEGAL RELEASE OF SEALED RECORDS; PENALTY.
1. ANY PERSON OR AGENCY THAT KNOWINGLY FAILS TO SEAL OR THAT RELEASES
RECORDS OR INFORMATION ORDERED TO BE SEALED, CONCERNING A TERMINATED
CRIMINAL ACTION OR PROCEEDING AS DESCRIBED IN SECTION 160.50 OF THIS
ARTICLE, SHALL BE GUILTY OF A CLASS B MISDEMEANOR.
2. ANY PERSON OR AGENCY THAT KNOWINGLY RELEASES RECORDS OR INFORMATION
ORDERED TO BE SEALED AND USES SUCH RECORDS OR INFORMATION FOR FINANCIAL
GAIN, OR FOR WILLFUL DESTRUCTION OF A PERSON'S CHARACTER, WHETHER SUCH
PERSON IS DECEASED OR LIVING, SHALL BE GUILTY OF A CLASS A MISDEMEANOR.
S 2. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD16601-01-0
2009-S7286A (ACTIVE) - Details
- Current Committee:
- Senate Codes
- Law Section:
- Criminal Procedure Law
- Laws Affected:
- Add §215.85, Pen L
2009-S7286A (ACTIVE) - Sponsor Memo
BILL NUMBER: S7286A REPLACEMENT
TITLE OF BILL :
An act to amend the penal law, in relation to establishing a new crime
for the illegal release of sealed records
PURPOSE :
To establish a misdemeanor penalty for the illegal release of sealed
records.
SUMMARY OF PROVISIONS :
Section 1. Adds two new sections to the penal law, Sections 215.85 and
215.87.
JUSTIFICATION :
Currently, there is no penalty for violating criminal procedure law
regarding the release of sealed/dismissed information. The release of
this information is illegal and may unfairly prejudice opportunities
for schooling, employment, professional licenses and housing for the
person involved. This new legislation will establish criminal
penalties to those individuals and/or agencies that knowingly fail to
seal or release this sealed/dismissed information to the public and/or
media whether such person is living or deceased. This legislation will
protect a person's right to privacy and provide a mechanism of
protection against this form of injustice where there currently is
2009-S7286A (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
7286--A
I N S E N A T E
March 29, 2010
___________
Introduced by Sen. ESPADA -- read twice and ordered printed, and when
printed to be committed to the Committee on Codes -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee
AN ACT to amend the penal law, in relation to establishing a new crime
for the illegal release of sealed records
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The penal law is amended by adding two new sections 215.85
and 215.87 to read as follows:
S 215.85 ILLEGAL RELEASE OF SEALED RECORDS.
A PERSON OR AGENCY IS GUILTY OF THE ILLEGAL RELEASE OF SEALED RECORDS
WHEN HE OR SHE KNOWINGLY FAILS TO SEAL OR RELEASES RECORDS OR INFORMA-
TION ORDERED TO BE SEALED, CONCERNING A TERMINATED CRIMINAL ACTION OR
PROCEEDING AS DESCRIBED IN SECTION 160.50 OF THE CRIMINAL PROCEDURE LAW.
ILLEGAL RELEASE OF SEALED RECORDS IS A CLASS B MISDEMEANOR.
S 215.87 ILLEGAL RELEASE OF SEALED RECORDS FOR FINANCIAL GAIN.
A PERSON OR AGENCY IS GUILTY OF THE ILLEGAL RELEASE OF SEALED RECORDS
FOR FINANCIAL GAIN WHEN HE OR SHE KNOWINGLY RELEASES RECORDS OR INFORMA-
TION ORDERED TO BE SEALED AND USES SUCH RECORDS OR INFORMATION FOR
FINANCIAL GAIN OR FOR WILLFUL DESTRUCTION OF A PERSON'S CHARACTER.
ILLEGAL RELEASE OF SEALED RECORDS FOR FINANCIAL GAIN IS A CLASS A
MISDEMEANOR.
S 2. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD16601-02-0
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