S T A T E O F N E W Y O R K
________________________________________________________________________
1596
2017-2018 Regular Sessions
I N A S S E M B L Y
January 12, 2017
___________
Introduced by M. of A. PRETLOW -- read once and referred to the Commit-
tee on Mental Health
AN ACT to amend the mental hygiene law, in relation to directing courts
of law, upon request, to seal the files of certain former outpatients
of mental health facilities after ten years
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision (b) of section 33.14 of the mental hygiene law
is relettered subdivision (c) and a new subdivision (b) is added to read
as follows:
(B) (1) NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, UPON
REQUEST BY A PERSON WHO HAS BEEN ADMITTED TO RECEIVE INPATIENT OR OUTPA-
TIENT SERVICES FOR MENTAL ILLNESS, A COURT OF COMPETENT JURISDICTION
SHALL RENDER AN ORDER DIRECTING THE SEALING OF RECORDS HELD BY THE
OFFICE OF MENTAL HEALTH, A FACILITY, OR ANY OTHER INDIVIDUAL OR PUBLIC
OR PRIVATE ENTITY, WHICH IDENTIFY A PERSON AS A RECIPIENT OF SERVICES
FOR MENTAL ILLNESS, SUBJECT TO SUCH LIMITATIONS OR EXCEPTIONS AS THE
COURT MAY IMPOSE, UPON A FINDING THAT COMPETENT MEDICAL EVIDENCE HAS
DEMONSTRATED THAT THE PERSON IDENTIFIED IN SUCH RECORDS IS NOT CURRENTLY
SUFFERING FROM A MENTAL ILLNESS, HAS NOT FOR A PERIOD OF TEN YEARS
RECEIVED OUTPATIENT SERVICES FOR THE TREATMENT OF A MENTAL ILLNESS, AND
THE INTERESTS OF SUCH PERSON AND SOCIETY WOULD BEST BE SERVED BY SEALING
SUCH PERSON'S RECORDS. IT SHALL BE PRESUMED THAT IT WOULD BE IN THE BEST
INTERESTS OF SUCH PERSON AND SOCIETY TO SEAL ANY RECORD OF A PERSON'S
RECEIPT OF SERVICES FOR THE TREATMENT OF MENTAL ILLNESS PRIOR TO HIS OR
HER SIXTEENTH BIRTHDAY.
(2) SUCH REQUEST SHALL BE IN A FORM PRESCRIBED BY THE COURT AND SHALL
INCLUDE AN AFFIDAVIT EXECUTED BY SUCH PETITIONER AND FILED WITH THE
COURT ALONG WITH COMPETENT MEDICAL EVIDENCE PURSUANT TO PARAGRAPH ONE OF
THIS SUBDIVISION. A PETITIONER SHALL NOT BE REQUIRED TO COMMENCE A
SPECIAL PROCEEDING UNDER THIS SUBDIVISION, PROVIDED, HOWEVER, THAT THIS
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05286-01-7
A. 1596 2
SUBDIVISION SHALL NOT ADVERSELY AFFECT A PETITIONER'S RIGHT TO A SPECIAL
PROCEEDING, HEARING OR ANY OTHER RIGHT UNDER THIS CHAPTER.
(3) EXCEPT FOR SUCH LIMITATIONS AS THE COURT MAY IMPOSE, A COURT ORDER
DIRECTING THE OFFICE OF MENTAL HEALTH, A FACILITY, OR OTHER INDIVIDUAL
OR ENTITY TO SEAL RECORDS SHALL REQUIRE THE OFFICE OF MENTAL HEALTH,
FACILITY OR OTHER INDIVIDUAL OR ENTITY TO RESPOND TO ANY OFFICIAL OR
UNOFFICIAL INQUIRY CONCERNING A PERSON'S HISTORY OF MENTAL ILLNESS,
WHOSE RECORDS HAVE BEEN SEALED, AS THOUGH THE ADMISSION OR RECEIPT OF
SERVICES DOCUMENTED IN THE SEALED RECORDS HAD NEVER OCCURRED.
(4) A PERSON WHO IS THE SUBJECT OF AN ORDER DIRECTING THAT HIS OR HER
RECORDS BE SEALED MAY RESPOND TO ANY OFFICIAL OR UNOFFICIAL INQUIRY BY
ANY PERSON OR AGENCY CONCERNING SUCH PERSON'S HISTORY OF MENTAL ILLNESS
AS THOUGH THE ADMISSION OR RECEIPT OF SERVICES DOCUMENTED IN THE SEALED
RECORDS HAD NEVER OCCURRED.
§ 2. This act shall take effect on the ninetieth day after it shall
have become a law. Effective immediately, the addition, amendment
and/or repeal of any rule or regulation necessary for the implementation
of this act on its effective date is authorized to be made on or before
such effective date.