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