Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Mar 05, 2012 |
referred to codes delivered to assembly passed senate |
Feb 29, 2012 |
advanced to third reading |
Feb 15, 2012 |
2nd report cal. |
Feb 14, 2012 |
1st report cal.203 |
Feb 08, 2012 |
print number 4052a |
Feb 08, 2012 |
amend and recommit to codes |
Jan 04, 2012 |
referred to codes returned to senate died in assembly |
Jun 02, 2011 |
referred to codes delivered to assembly passed senate |
May 02, 2011 |
advanced to third reading |
Apr 13, 2011 |
2nd report cal. |
Apr 12, 2011 |
1st report cal.351 |
Mar 15, 2011 |
referred to codes |
Senate Bill S4052
2011-2012 Legislative Session
Sponsored By
(R, C) 60th Senate District
Archive: Last Bill Status - In Assembly Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Votes
Bill Amendments
2011-S4052 - Details
- See Assembly Version of this Bill:
- A7391
- Current Committee:
- Assembly Codes
- Law Section:
- Criminal Procedure Law
- Laws Affected:
- Amd §720.35, CP L
2011-S4052 - Sponsor Memo
BILL NUMBER:S4052 TITLE OF BILL: An act to amend the criminal procedure law, in relation to orders of protection in youthful offender cases JUSTIFICATION: This is one in a series of measures being introduced at the request of the Chief Administrative Judge upon the recommendation of her Advisory Committee on Criminal Law and Procedure. This measure would amend section 720.35 of the Criminal Procedure Law ("CPL") to insure that a final order of protection issued in connection with a youthful offender adjudication is not sealed for law enforcement purposes. When a defendant is adjudicated a youthful offender, CPL 720.35(2) provides that "all official records and papers, whether on file with the court, a police agency or the division of criminal justice services, relating to a case... are confidential and may not be made available to any person or public or private agency..." In 1996, however, the Legislature provided a limited exception to this confidentiality provision as follows:
2011-S4052 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 4052 2011-2012 Regular Sessions I N S E N A T E March 15, 2011 ___________ Introduced by Sen. GALLIVAN -- (at request of the Office of Court Admin- istration) -- read twice and ordered printed, and when printed to be committed 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 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09513-01-1
2011-S4052A (ACTIVE) - Details
- See Assembly Version of this Bill:
- A7391
- Current Committee:
- Assembly Codes
- Law Section:
- Criminal Procedure Law
- Laws Affected:
- Amd §720.35, CP L
2011-S4052A (ACTIVE) - Sponsor Memo
BILL NUMBER:S4052A TITLE OF BILL: An act to amend the criminal procedure law, in relation to orders of protection in youthful offender cases JUSTIFICATION: This is one in a series of measures being introduced at the request of the Chief Administrative Judge upon the recommendation of her Advisory Committee on Criminal Law and Procedure. This measure would amend section 720.35 of the Criminal Procedure Law ("CPL") to insure that a final order of protection issued in connection with a youthful offender adjudication is not sealed for law enforcement purposes. When a defendant is adjudicated a youthful offender, CPL 720.35(2) provides that "all official records and papers, whether on file with the court, a police agency or the division of criminal justice services, relating to a case... are confidential and may not be made available to any person or public or private agency..." In 1996, however, the Legislature provided a limited exception to this confidentiality provision as follows:
2011-S4052A (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 4052--A 2011-2012 Regular Sessions I N S E N A T E March 15, 2011 ___________ Introduced by Sen. GALLIVAN -- (at request of the Office of Court Admin- istration) -- read twice and ordered printed, and when printed to be committed to the Committee on Codes -- recommitted to the Committee on Codes in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee 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 section 87 of subpart B of part C of chapter 62 of the laws of 2011, 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 depart- ment of corrections and community supervision 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 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09513-02-2
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