assembly Bill A350A

2017-2018 Legislative Session

Relates to the unauthorized release of sealed records

download bill text pdf

Sponsored By

Archive: Last Bill Status - On Floor Calendar


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

Your Voice

do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

view actions (6)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 10, 2018 advanced to third reading cal.857
May 08, 2018 reported
May 03, 2018 print number 350a
May 03, 2018 amend and recommit to codes
Jan 03, 2018 referred to codes
Jan 05, 2017 referred to codes

A350 - Details

Law Section:
Public Officers Law
Laws Affected:
Add §81, Pub Off L
Versions Introduced in Other Legislative Sessions:
2009-2010: A11389
2011-2012: A3087
2013-2014: A4337
2015-2016: A6428
2019-2020: A34
2021-2022: A254
2023-2024: A6478

A350 - Summary

Relates to the unauthorized release of sealed records.

A350 - Bill Text download pdf


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

                                   350

                       2017-2018 Regular Sessions

                          I N  A S S E M B L Y

                             January 5, 2017
                               ___________

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:
  § 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.

A350A (ACTIVE) - Details

Law Section:
Public Officers Law
Laws Affected:
Add §81, Pub Off L
Versions Introduced in Other Legislative Sessions:
2009-2010: A11389
2011-2012: A3087
2013-2014: A4337
2015-2016: A6428
2019-2020: A34
2021-2022: A254
2023-2024: A6478

A350A (ACTIVE) - Summary

Relates to the unauthorized release of sealed records.

A350A (ACTIVE) - Bill Text download pdf


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

                                 350--A

                       2017-2018 Regular Sessions

                          I N  A S S E M B L Y

                             January 5, 2017
                               ___________

Introduced  by M. of A. PERRY -- read once and referred to the Committee
  on Codes -- recommitted to the Committee on Codes in  accordance  with
  Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered
  reprinted as amended and recommitted to said committee

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:
  §  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;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06399-02-8