Assembly Bill A7114

2013-2014 Legislative Session

Provides for the inspection of family court proceedings records when a defendant who is the subject of such records is charged with a sex offense

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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

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2013-A7114 (ACTIVE) - Details

See Senate Version of this Bill:
S4792
Current Committee:
Assembly Codes
Law Section:
Family Court Act
Laws Affected:
Amd §166, Fam Ct Act

2013-A7114 (ACTIVE) - Summary

Provides for the inspection of family court proceedings records when a defendant who is the subject of such record is charged with a sex offense.

2013-A7114 (ACTIVE) - Bill Text download pdf

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

                                  7114

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               May 1, 2013
                               ___________

Introduced by M. of A. STIRPE -- read once and referred to the Committee
  on Codes

AN  ACT  to amend the family court act, in relation to the inspection of
  family court proceedings records when a defendant who is  the  subject
  of such records is charged with a sex offense

  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. 1. 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.
  2. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION ONE OF THIS  SECTION,
IN  ANY CRIMINAL PROCEEDING IN WHICH THE DEFENDANT IS CHARGED WITH A SEX
OFFENSE, AS SUCH TERM IS DEFINED IN SUBDIVISION TWO OR THREE OF  SECTION
ONE  HUNDRED  SIXTY-EIGHT-A OF THE CORRECTION LAW, AND SUCH DEFENDANT IS
THE SUBJECT OF RECORDS OF A PRIOR PROCEEDING IN THE FAMILY  COURT  WHICH
ARE  NOT OPEN TO PUBLIC INSPECTION, THE FAMILY COURT SHALL, UPON REQUEST
BY THE PROSECUTOR IN SUCH CRIMINAL PROCEEDING OR THE COURT  WITH  JURIS-
DICTION OVER SUCH CRIMINAL PROCEEDING, INSPECT THE RECORDS OF SUCH PRIOR
FAMILY  COURT  PROCEEDING.  IF THE FAMILY COURT FINDS, AFTER INSPECTION,
THAT SUCH RECORDS SHOW A SEX OFFENSE WAS COMMITTED  BY  SUCH  DEFENDANT,
THEN  THE  COURT  SHALL  MAKE  SUCH RECORDS AVAILABLE TO THE PROSECUTOR,
COURT AND ATTORNEY FOR THE DEFENDANT IN SUCH CRIMINAL PROCEEDING. IF THE
FAMILY COURT FINDS THAT NO SEX OFFENSE WAS COMMITTED BY SUCH  DEFENDANT,
THEN SUCH RECORDS SHALL REMAIN CLOSED TO PUBLIC INSPECTION.
  S 2. This act shall take effect immediately.

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

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