Senate Bill S4792

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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Sponsored By

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-S4792 (ACTIVE) - Details

See Assembly Version of this Bill:
A7114
Current Committee:
Assembly Codes
Law Section:
Family Court Act
Laws Affected:
Amd §166, Fam Ct Act

2013-S4792 (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-S4792 (ACTIVE) - Sponsor Memo

2013-S4792 (ACTIVE) - Bill Text download pdf 

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

                                  4792

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             April 24, 2013
                               ___________

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

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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