Senate Bill S4766

2017-2018 Legislative Session

Relates to the sealing and expungement of records in persons in need of supervision cases in family court

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules 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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2017-S4766 (ACTIVE) - Details

See Assembly Version of this Bill:
A7552
Current Committee:
Senate Rules
Law Section:
Family Court Act
Laws Affected:
Amd §§783 & 784, Fam Ct Act

2017-S4766 (ACTIVE) - Summary

Relates to the sealing and expungement of records in persons in need of supervision cases in family court.

2017-S4766 (ACTIVE) - Sponsor Memo

2017-S4766 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4766
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             February 27, 2017
                                ___________
 
 Introduced by Sen. AVELLA -- (at request of the Office of Court Adminis-
   tration)  --  read  twice  and ordered printed, and when printed to be
   committed to the Committee on Children and Families
 
 AN ACT to amend the  family  court  act,  in  relation  to  sealing  and
   expungement  of records in persons in need of supervision cases in the
   family court
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section 783 of the family court act is amended to read as
 follows:
   § 783. Use of [record] RECORDS in other court; SEALING AND EXPUNGEMENT
 OF RECORDS.  (A) Neither the fact that a person was  before  the  family
 court  under this article for a hearing nor any confession, admission or
 statement made by him OR HER to the court or to any officer  thereof  in
 any stage of the proceeding is admissible as evidence against him or HER
 OR his OR HER interests in any other court.  [Another court, in imposing
 sentence  upon  an  adult after conviction, may receive and consider the
 records and information on file with the family  court  concerning  such
 person when he was a child.]
   (B)  FOR PURPOSES OF THIS SECTION, "SEALING" SHALL MEAN THAT ALL OFFI-
 CIAL RECORDS AND PAPERS, INCLUDING JUDGMENTS AND ORDERS  OF  THE  COURT,
 BUT  NOT  INCLUDING  PUBLIC  COURT  DECISIONS OR OPINIONS OR RECORDS AND
 BRIEFS  ON  APPEAL,  RELATING  TO  THE  ARREST,  PROSECUTION  AND  COURT
 PROCEEDINGS  AND  RECORDS  OF  THE PROBATION SERVICE AND DESIGNATED LEAD
 AGENCY, INCLUDING ALL DUPLICATES OR COPIES THEREOF,  ON  FILE  WITH  THE
 COURT,  POLICE DEPARTMENT AND LAW ENFORCEMENT AGENCY, PROBATION SERVICE,
 DESIGNATED  LEAD  AGENCY  AND  PRESENTMENT  AGENCY,  IF  ANY,  SHALL  BE
 PROTECTED  FROM  PUBLIC INSPECTION AND, EXCEPT AS PROVIDED IN PARAGRAPHS
 (V) AND (VI) OF SUBDIVISION (C) OF  THIS  SECTION,  SHALL  NOT  BE  MADE
 AVAILABLE TO ANY PERSON OR PUBLIC OR PRIVATE AGENCY.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06882-02-7
              

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