Assembly Bill A3087A

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

                                 3087--A

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            January 24, 2011
                               ___________

Introduced  by M. of A. PERRY -- read once and referred to the Committee
  on Codes -- committee discharged, bill amended, ordered  reprinted  as
  amended and recommitted to said committee

AN ACT to amend the public officers law, in relation to the unauthorized
  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 public officers law is amended by adding a new  section
81 to read as follows:
  S  81.  UNAUTHORIZED RELEASE OF SEALED RECORDS. 1. ANY PUBLIC OFFICER,
OR  AN  EMPLOYEE  THEREOF,  WHO  INTENTIONALLY  RELEASES  OR   OTHERWISE
DISCLOSES  TO  AN  UNAUTHORIZED  PERSON  A  SEALED RECORD OR THE NATURE,
SUBSTANCE OR CONTENTS OF SUCH RECORD THAT HE OR SHE KNEW  OR  REASONABLY
SHOULD  HAVE KNOWN WAS A SEALED RECORD, UNLESS DISCLOSURE OF SUCH RECORD
OR THE NATURE, SUBSTANCE OR CONTENTS THEREOF IS REQUIRED BY  STATUTE  OR
UPON WRITTEN ORDER ISSUED BY A COURT OF COMPETENT JURISDICTION, SHALL BE
GUILTY OF A CLASS A MISDEMEANOR.
  2. NOTHING CONTAINED IN THIS SECTION SHALL:
  (A)  PROHIBIT  AN INDIVIDUAL WHO IS THE SUBJECT OF A SEALED RECORD OR,
IF SUCH PERSON IS DECEASED, THE PERSONAL REPRESENTATIVE OF  HIS  OR  HER
ESTATE,  FROM DISCLOSING TO ANOTHER THE NATURE, SUBSTANCE OR CONTENTS OF
HIS OR HER SEALED RECORD;
  (B) PROHIBIT A PUBLIC OFFICER, OR AN EMPLOYEE THEREOF, FROM  RELEASING
OR OTHERWISE DISCLOSING SUCH RECORD OR THE NATURE, SUBSTANCE OR CONTENTS
THEREOF PRIOR TO THE ISSUANCE OF THE ORDER SEALING SUCH RECORD;
  (C)  PROHIBIT  A  PUBLIC OFFICER, OR EMPLOYEE THEREOF, FROM DISCUSSING
EVENTS WITHIN SUCH OFFICER OR  EMPLOYEE'S  KNOWLEDGE  SO  LONG  AS  SUCH
DISCUSSION  DOES  NOT  CONFIRM  OR  DISCLOSE  THE  NATURE,  SUBSTANCE OR
CONTENTS OF A SEALED RECORD;
  (D) PROHIBIT A PUBLIC OFFICER, OR EMPLOYEE THEREOF, FROM RELEASING  OR
OTHERWISE  DISCLOSING  SUCH  RECORD OR THE NATURE, SUBSTANCE OR CONTENTS

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02690-04-2
              

A. 3087--A                          2

THEREOF TO A PERSON IF HE OR SHE HAS REASON TO BELIEVE,  IN  GOOD  FAITH
AND  WITH SUFFICIENT CAUSE, THAT SUCH PERSON IS ENTITLED TO RECEIVE SUCH
RECORD OR THE NATURE, SUBSTANCE OR CONTENTS THEREOF; OR
  (E)  PROHIBIT  A  PUBLIC OFFICER, OR EMPLOYEE THEREOF, FROM DISCLOSING
THE NATURE OR EXISTENCE OF A SEALED RECORD IN A GOOD FAITH  RESPONSE  TO
AN  INQUIRY  WHEN  SUCH  DISCLOSURE IS FOR THE BENEFIT OF THE SUBJECT OF
SUCH SEALED RECORD.
  3. FOR THE PURPOSES OF THIS SECTION:
  (A) "SEALED RECORD" SHALL MEAN ANY RECORD REQUIRED TO BE SEALED PURSU-
ANT TO SECTION 160.50, 160.55, 160.58, 720.15, OR 725.15 OF THE CRIMINAL
PROCEDURE LAW, OR SECTION 375.1 OR 375.2 OF THE FAMILY COURT ACT;
  (B) "UNAUTHORIZED PERSON" SHALL MEAN ANY PERSON WHO IS NOT ENTITLED TO
RECEIVE OR WHO HAS NOT BEEN GRANTED ACCESS TO, A SEALED  RECORD  OR  THE
NATURE,  SUBSTANCE  OR  CONTENTS  THEREOF, PURSUANT TO STATUTE OR UPON A
WRITTEN ORDER ISSUED BY A COURT OF COMPETENT JURISDICTION.
  S 2. This act shall take effect immediately.