BILL NUMBER:A10980
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 OR GENERAL IDEA OF BILL: The purpose of the bill is to
establish a penalty to a person or agency that is found guilty of the
illegal release of information contained in sealed records as
described in section 160.50 of the criminal procedure law.
SUMMARY OF SPECIFIC PROVISIONS: The bill will amend the penal law by
adding two new sections 215.85 and 215.87 respectively. Section 215.85
will make the illegal release of sealed records a class B misdemeanor.
And section 215.87 will make the knowingly releases of sealed records
for financial gain or for the willful destruction of a person's
character a class A misdemeanor.
JUSTIFICATION: If a person or agency knowingly fails to seal or
releases records or information ordered to be sealed, concerning a
terminated criminal action or proceeding as described in section
160.50 then that person or agency needs to be, held accountable to a
criminal charge of a class B misdemeanor. Further, if that person or
agency commits this release of sealed information for financial gain
or for the willful destruction of a person's character that person or
agency needs to be held accountable to a criminal charge of a class A
misdemeanor.
S T A T E O F N E W Y O R K
________________________________________________________________________
10980
I N A S S E M B L Y
May 5, 2010
___________
Introduced by M. of A. DenDEKKER -- read once and referred to the
Committee on Codes
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.
LBD16601-03-0
Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.
Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. 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.
Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.