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Assembly Bill A3394

2009-2010 Legislative Session

Records of sex offense cases of juvenile delinquents and youthful offenders where victim was a minor to be released to treating physician of the minor

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Archive: Last Bill Status - In Assembly Committee

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2009-A3394 (ACTIVE) - Details

Current Committee:
Assembly Children And Families
Law Section:
Family Court Act
Laws Affected:
Amd §166, Fam Ct Act; amd §720.35, CP L

2009-A3394 (ACTIVE) - Summary

Provides that records of sex offense cases of juvenile delinquents and youthful offenders where the victim was a minor shall be released to a treating physician of the minor on the request of the minor's parent or guardian.

2009-A3394 (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3394

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 27, 2009
                               ___________

Introduced by M. of A. EDDINGTON, HOOPER, J. RIVERA, ORTIZ, TOWNS, WEIS-
  ENBERG, ALESSI, MOLINARO -- Multi-Sponsored by -- M. of A. JOHN, McDO-
  NOUGH -- read once and referred to the Committee on Children and Fami-
  lies

AN  ACT to amend the family court act and the criminal procedure law, in
  relation to release of records of sex offense cases of juvenile delin-
  quents and youthful offenders to treating physician in certain cases

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Section 166 of the family court act is amended to read as
follows:
  S 166. Privacy of records. (A) The records of any  proceeding  in  the
family  court  shall  not  be  open to indiscriminate public inspection.
However, the court  in  its  discretion  in  any  case  may  permit  the
inspection of any papers or records. Any duly authorized agency, associ-
ation, society or institution to which a child is committed may cause an
inspection  of  the  record  of  investigation  to be had and may in the
discretion of the court obtain a copy of  the  whole  or  part  of  such
record.
  (B)  NOTWITHSTANDING ANY PROVISION OF THIS SECTION OR ANY OTHER LAW TO
THE CONTRARY, ALL OFFICIAL RECORDS OF A CASE  DECIDED  IN  FAMILY  COURT
WHEREIN THE RESPONDENT WAS ADJUDICATED TO HAVE COMMITTED AN ACT OR ACTS,
WHICH  WOULD BE A SEX OFFENSE, AS DEFINED IN THE PENAL LAW, IF HE OR SHE
WERE AN ADULT, PERPETRATED UPON A VICTIM WHO IS SEVENTEEN YEARS  OF  AGE
OR  YOUNGER,  SHALL  BE  RELEASED  TO ANY PHYSICIAN WHO IS TREATING SAID
VICTIM, UPON THE WRITTEN REQUEST OF A PARENT OR GUARDIAN OF SAID VICTIM.
  S 2. Section 720.35 of the criminal procedure law is amended by adding
a new subdivision 5 to read as follows:
  5. NOTWITHSTANDING ANY PROVISION OF THIS SECTION OR ANY OTHER  LAW  TO
THE  CONTRARY,  ALL OFFICIAL RECORDS OF A CASE WHEREIN THE DEFENDANT WAS
ADJUDICATED AS A YOUTHFUL OFFENDER FOR AN ACT OR ACTS, WHICH WOULD BE  A

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04638-01-9

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