senate Bill S6814A

2013-2014 Legislative Session

Relates to the sealing and expungement of records in persons in need of supervision cases in family court

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (6)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 20, 2014 committed to rules
Jun 12, 2014 amended on third reading 6814a
Jun 02, 2014 advanced to third reading
May 29, 2014 2nd report cal.
May 28, 2014 1st report cal.1002
Mar 12, 2014 referred to children and families

Bill Amendments

Original
A (Active)
Original
A (Active)

S6814 - Details

See Assembly Version of this Bill:
A9916A
Current Committee:
Law Section:
Family Court Act
Laws Affected:
Amd §§783 & 784, Fam Ct Act

S6814 - Summary

Relates to the sealing and expungement of records in persons in need of supervision cases in family court.

S6814 - Sponsor Memo

S6814 - Bill Text download pdf

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

                                  6814

                            I N  S E N A T E

                             March 12, 2014
                               ___________

Introduced by Sen. FELDER -- (at request of the Office of Court Adminis-
  tration)  --  read  twice  and ordered printed, and when printed to be
  committed to the Committee on Children and Families

AN ACT to amend the  family  court  act,  in  relation  to  sealing  and
  expungement  of records in persons in need of supervision cases in the
  family court

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Section 783 of the family court act is amended to read as
follows:
  S 783. Use of [record] RECORDS in other court; SEALING AND EXPUNGEMENT
OF RECORDS.  (A) Neither the fact that a person was  before  the  family
court  under this article for a hearing nor any confession, admission or
statement made by him OR HER to the court or to any officer  thereof  in
any stage of the proceeding is admissible as evidence against him or HER
OR his OR HER interests in any other court.  [Another court, in imposing
sentence  upon  an  adult after conviction, may receive and consider the
records and information on file with the family  court  concerning  such
person when he was a child.]
  (B)  FOR PURPOSES OF THIS SECTION, "SEALING" SHALL MEAN THAT ALL OFFI-
CIAL RECORDS AND PAPERS, INCLUDING JUDGMENTS AND ORDERS  OF  THE  COURT,
BUT  NOT  INCLUDING  PUBLIC  COURT  DECISIONS OR OPINIONS OR RECORDS AND
BRIEFS ON APPEAL, RELATING TO THE ARREST, THE PROSECUTION AND RECORDS OF
THE PROBATION SERVICE AND DESIGNATED LEAD AGENCY, INCLUDING  ALL  DUPLI-
CATES  OR  COPIES  THEREOF, ON FILE WITH THE COURT, POLICE DEPARTMENT OR
LAW ENFORCEMENT AGENCY, PROBATION SERVICE, DESIGNATED  LEAD  AGENCY  AND
PRESENTMENT  AGENCY,  IF  ANY, SHALL BE PROTECTED FROM PUBLIC INSPECTION
AND SHALL NOT BE MADE AVAILABLE TO ANY PERSON OR PUBLIC OR PRIVATE AGEN-
CY. SUCH RECORDS SHALL ONLY BE MADE AVAILABLE TO THE RESPONDENT  OR  HIS
OR HER DESIGNATED AGENT.
  (C)  AUTOMATIC  SEALING  OF  A  PROCEEDING  UNDER THIS ARTICLE THAT IS
TERMINATED IN FAVOR  OF  THE  RESPONDENT.  (I)  UPON  TERMINATION  OF  A
PROCEEDING  UNDER  THIS ARTICLE IN FAVOR OF THE RESPONDENT, THE CLERK OF
THE COURT SHALL IMMEDIATELY NOTIFY  THE  DIRECTORS  OF  THE  APPROPRIATE

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

S6814A (ACTIVE) - Details

See Assembly Version of this Bill:
A9916A
Current Committee:
Law Section:
Family Court Act
Laws Affected:
Amd §§783 & 784, Fam Ct Act

S6814A (ACTIVE) - Summary

Relates to the sealing and expungement of records in persons in need of supervision cases in family court.

S6814A (ACTIVE) - Sponsor Memo

S6814A (ACTIVE) - Bill Text download pdf

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

                                 6814--A
    Cal. No. 1002

                            I N  S E N A T E

                             March 12, 2014
                               ___________

Introduced by Sen. FELDER -- (at request of the Office of Court Adminis-
  tration)  --  read  twice  and ordered printed, and when printed to be
  committed to the Committee on Children and Families -- reported favor-
  ably from said committee, ordered to first and second report,  ordered
  to a third reading, amended and ordered reprinted, retaining its place
  in the order of third reading

AN  ACT  to  amend  the  family  court  act,  in relation to sealing and
  expungement of records in persons in need of supervision cases in  the
  family court

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 783 of the family court act is amended to  read  as
follows:
  S 783. Use of [record] RECORDS in other court; SEALING AND EXPUNGEMENT
OF  RECORDS.    (A) Neither the fact that a person was before the family
court under this article for a hearing nor any confession, admission  or
statement  made  by him OR HER to the court or to any officer thereof in
any stage of the proceeding is admissible as evidence against him or HER
OR his OR HER interests in any other court.  [Another court, in imposing
sentence upon an adult after conviction, may receive  and  consider  the
records  and  information  on file with the family court concerning such
person when he was a child.]
  (B) FOR PURPOSES OF THIS SECTION, "SEALING" SHALL MEAN THAT ALL  OFFI-
CIAL  RECORDS  AND  PAPERS, INCLUDING JUDGMENTS AND ORDERS OF THE COURT,
BUT NOT INCLUDING PUBLIC COURT DECISIONS  OR  OPINIONS  OR  RECORDS  AND
BRIEFS ON APPEAL, RELATING TO THE ARREST, THE PROSECUTION AND RECORDS OF
THE  PROBATION  SERVICE AND DESIGNATED LEAD AGENCY, INCLUDING ALL DUPLI-
CATES OR COPIES THEREOF, ON FILE WITH THE COURT, POLICE  DEPARTMENT  AND
LAW  ENFORCEMENT  AGENCY,  PROBATION SERVICE, DESIGNATED LEAD AGENCY AND
PRESENTMENT AGENCY, IF ANY, SHALL BE PROTECTED  FROM  PUBLIC  INSPECTION
AND SHALL NOT BE MADE AVAILABLE TO ANY PERSON OR PUBLIC OR PRIVATE AGEN-
CY.  SUCH  RECORDS SHALL ONLY BE MADE AVAILABLE TO THE RESPONDENT OR HIS
OR HER DESIGNATED AGENT.

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

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