S T A T E O F N E W Y O R K
________________________________________________________________________
7926
2011-2012 Regular Sessions
I N A S S E M B L Y
May 24, 2011
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Introduced by M. of A. SALADINO, HAWLEY, BURLING -- Multi-Sponsored by
-- M. of A. McDONOUGH -- read once and referred to the Committee on
Codes
AN ACT to amend the family court act and the criminal procedure law, in
relation to providing review of records of sex offense cases of juve-
nile delinquents and youthful offenders
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 OPEN TO PUBLIC INSPECTION.
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
SEX OFFENSE, AS DEFINED IN THE PENAL LAW, IF THE DEFENDANT HAD NOT
RECEIVED A YOUTHFUL OFFENDER ADJUDICATION, PERPETRATED UPON A VICTIM WHO
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09040-01-1
A. 7926 2
IS SEVENTEEN YEARS OF AGE OR YOUNGER, SHALL BE OPEN TO PUBLIC
INSPECTION.
S 3. This act shall take effect on the first of November next succeed-
ing the date upon which it shall have become a law, provided, however,
that any rules and regulations necessary for the timely implementation
of this act on its effective date shall be promulgated on or before such
date.