S T A T E O F N E W Y O R K
________________________________________________________________________
7391
2011-2012 Regular Sessions
I N A S S E M B L Y
May 3, 2011
___________
Introduced by M. of A. SIMOTAS -- (at request of the Office of Court
Administration) -- read once and referred to the Committee on Codes
AN ACT to amend the criminal procedure law, in relation to orders of
protection in youthful offender cases
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 2 of section 720.35 of the criminal procedure
law, as amended by chapter 412 of the laws of 2001, is amended to read
as follows:
2. Except where specifically required or permitted by statute or upon
specific authorization of the court, all official records and papers,
whether on file with the court, a police agency or the division of crim-
inal justice services, relating to a case involving a youth who has been
adjudicated a youthful offender, are confidential and may not be made
available to any person or public or private agency, other than the
designated educational official of the public or private elementary or
secondary school in which the youth is enrolled as a student provided
that such local educational official shall only have made available a
notice of such adjudication and shall not have access to any other offi-
cial records and papers, such youth or such youth's designated agent
(but only where the official records and papers sought are on file with
a court and request therefor is made to that court or to a clerk there-
of), an institution to which such youth has been committed, the division
of parole and a probation department of this state that requires such
official records and papers for the purpose of carrying out duties
specifically authorized by law; provided, however, that information
regarding an order of protection or temporary order of protection issued
pursuant to section 530.12 OR 530.13 of this [chapter] PART or a warrant
issued in connection therewith may be maintained on the statewide auto-
mated order of protection and warrant registry established pursuant to
section two hundred twenty-one-a of the executive law during the period
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09513-01-1
A. 7391 2
that such order of protection or temporary order of protection is in
full force and effect or during which such warrant may be executed. Such
confidential information may be made available pursuant to law only for
purposes of adjudicating or enforcing such order of protection or tempo-
rary order of protection and, where provided to a designated educational
official, as defined in section 380.90 of this chapter, for purposes
related to the execution of the student's educational plan, where appli-
cable, successful school adjustment and reentry into the community. Such
notification shall be kept separate and apart from such student's school
records and shall be accessible only by the designated educational offi-
cial. Such notification shall not be part of such student's permanent
school record and shall not be appended to or included in any documenta-
tion regarding such student and shall be destroyed at such time as such
student is no longer enrolled in the school district. At no time shall
such notification be used for any purpose other than those specified in
this subdivision.
S 2. This act shall take effect immediately.