senate Bill S7867

2013-2014 Legislative Session

Relates to the unauthorized release of sealed records

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 16, 2014 referred to rules

S7867 - Details

See Assembly Version of this Bill:
A4337
Current Committee:
Law Section:
Public Officers Law
Laws Affected:
Add ยง81, Pub Off L
Versions Introduced in Previous Legislative Sessions:
2011-2012: A3087A
2009-2010: A11389

S7867 - Summary

Relates to the unauthorized release of sealed records.

S7867 - Sponsor Memo

S7867 - Bill Text download pdf

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

                                  7867

                            I N  S E N A T E

                              June 16, 2014
                               ___________

Introduced  by  Sen.  SAVINO -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules

AN ACT to amend the public officers law, in relation to the unauthorized
  release of sealed records

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

  Section  1. The public officers law is amended by adding a new section
81 to read as follows:
  S 81. UNAUTHORIZED RELEASE OF SEALED RECORDS. 1. ANY  PUBLIC  OFFICER,
OR   AN  EMPLOYEE  THEREOF,  WHO  INTENTIONALLY  RELEASES  OR  OTHERWISE
DISCLOSES TO AN UNAUTHORIZED PERSON  A  SEALED  RECORD  OR  THE  NATURE,
SUBSTANCE  OR  CONTENTS OF SUCH RECORD THAT HE OR SHE KNEW OR REASONABLY
SHOULD HAVE KNOWN WAS A SEALED RECORD, UNLESS DISCLOSURE OF SUCH  RECORD
OR  THE  NATURE, SUBSTANCE OR CONTENTS THEREOF IS REQUIRED BY STATUTE OR
UPON WRITTEN ORDER ISSUED BY A COURT OF COMPETENT JURISDICTION, SHALL BE
GUILTY OF A CLASS A MISDEMEANOR.
  2. NOTHING CONTAINED IN THIS SECTION SHALL:
  (A) PROHIBIT AN INDIVIDUAL WHO IS THE SUBJECT OF A SEALED  RECORD  OR,
IF  SUCH  PERSON  IS DECEASED, THE PERSONAL REPRESENTATIVE OF HIS OR HER
ESTATE, FROM DISCLOSING TO ANOTHER THE NATURE, SUBSTANCE OR CONTENTS  OF
HIS OR HER SEALED RECORD;
  (B)  PROHIBIT A PUBLIC OFFICER, OR AN EMPLOYEE THEREOF, FROM RELEASING
OR OTHERWISE DISCLOSING SUCH RECORD OR THE NATURE, SUBSTANCE OR CONTENTS
THEREOF PRIOR TO THE ISSUANCE OF THE ORDER SEALING SUCH RECORD;
  (C) PROHIBIT A PUBLIC OFFICER, OR EMPLOYEE  THEREOF,  FROM  DISCUSSING
EVENTS  WITHIN  SUCH  OFFICER  OR  EMPLOYEE'S  KNOWLEDGE SO LONG AS SUCH
DISCUSSION DOES  NOT  CONFIRM  OR  DISCLOSE  THE  NATURE,  SUBSTANCE  OR
CONTENTS OF A SEALED RECORD;
  (D)  PROHIBIT A PUBLIC OFFICER, OR EMPLOYEE THEREOF, FROM RELEASING OR
OTHERWISE DISCLOSING SUCH RECORD OR THE NATURE,  SUBSTANCE  OR  CONTENTS
THEREOF  TO  A  PERSON IF HE OR SHE HAS REASON TO BELIEVE, IN GOOD FAITH
AND WITH SUFFICIENT CAUSE, THAT SUCH PERSON IS ENTITLED TO RECEIVE  SUCH
RECORD OR THE NATURE, SUBSTANCE OR CONTENTS THEREOF; OR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00096-01-3

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