Senate Bill S7863A

                                 BILL NUMBER:  S7863

 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 intentionally
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.

Sealed records must remain sealed unless a statute specifies an
exception or upon a written order issued by a court of competent
jurisdiction lest we undermine the very purpose and policy we
instituted when we granted the power to seal court records. In recent
years, there have been instances in which public officials have
released sealed criminal and family court records in an effort to
justify action taken against the individual. This cannot be tolerated.

The sealing provision attaches to a record, not to a person. To be
clear, even if the subject of the record is deceased, records that
have been sealed by the court are to remain sealed. Violation of this
law may result in a criminal conviction punishable by up to a year in
jail.

 PRIOR LEGISLATIVE HISTORY :
New Bill.

 FISCAL IMPLICATIONS :
None.

 EFFECTIVE DATE :
This act shall take effect immediately.