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.
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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