Assembly Bill A6428

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

                                  6428

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             March 24, 2015
                               ___________

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

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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03749-01-5
              

A. 6428                             2

AND WITH SUFFICIENT CAUSE, THAT SUCH PERSON IS ENTITLED TO RECEIVE  SUCH
RECORD OR THE NATURE, SUBSTANCE OR CONTENTS THEREOF; OR
  (E)  PROHIBIT  A  PUBLIC OFFICER, OR EMPLOYEE THEREOF, FROM DISCLOSING
THE NATURE OR EXISTENCE OF A SEALED RECORD IN A GOOD FAITH  RESPONSE  TO
AN  INQUIRY  WHEN  SUCH  DISCLOSURE IS FOR THE BENEFIT OF THE SUBJECT OF
SUCH SEALED RECORD.
  3. FOR THE PURPOSES OF THIS SECTION:
  (A) "SEALED RECORD" SHALL MEAN ANY RECORD REQUIRED TO BE SEALED PURSU-
ANT TO SECTION 160.50, 160.55, 160.58, 720.15, OR 725.15 OF THE CRIMINAL
PROCEDURE LAW, OR SECTION 375.1 OR 375.2 OF THE FAMILY COURT ACT;
  (B) "UNAUTHORIZED PERSON" SHALL MEAN ANY PERSON WHO IS NOT ENTITLED TO
RECEIVE OR WHO HAS NOT BEEN GRANTED ACCESS TO, A SEALED  RECORD  OR  THE
NATURE,  SUBSTANCE  OR  CONTENTS  THEREOF, PURSUANT TO STATUTE OR UPON A
WRITTEN ORDER ISSUED BY A COURT OF COMPETENT JURISDICTION.
  S 2. This act shall take effect immediately.