Senate Bill S7720B

2017-2018 Legislative Session

Relates to the disclosure of the records of court proceedings in certain mental hygiene proceedings

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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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Bill Amendments

2017-S7720 - Details

See Assembly Version of this Bill:
A10122
Current Committee:
Senate Rules
Law Section:
Mental Hygiene Law
Laws Affected:
Amd §81.14, Ment Hyg L
Versions Introduced in Other Legislative Sessions:
2019-2020: S4835, A6229
2021-2022: S7044, A4070
2023-2024: S9017, A9448

2017-S7720 - Summary

Provides that court records in a proceeding under articles 77, 78 and 81 of the mental hygiene law shall not be perused, examined, disclosed, taken or copied by any other person than a party, the attorney or counsel of a party, the guardian, the court evaluator or the court examiner except by order of the court.

2017-S7720 - Sponsor Memo

2017-S7720 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7720
 
                             I N  S E N A T E
 
                             February 12, 2018
                                ___________
 
 Introduced  by  Sen.  ORTT  --  read twice and ordered printed, and when
   printed to be committed to the Committee on Mental Health and Develop-
   mental Disabilities
 
 AN ACT to amend the mental  hygiene  law,  in  relation  to  restricting
   access  to  records  of  proceedings for appointment of a guardian for
   personal needs or property management

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  81.14  of  the  mental hygiene law is amended by
 adding a new subdivision (e) to read as follows:
   (E) THE COURT SHALL NOT ALLOW FOR THE DISCLOSURE OF COURT  RECORDS  TO
 ANYONE OTHER THAN A PARTY, A PARTY'S COUNSEL, THE DULY APPOINTED GUARDI-
 ANS,  THE  COURT  EVALUATORS AND THE COURT EXAMINERS EXCEPT UPON WRITTEN
 FINDINGS OF GOOD CAUSE SHOWN. IN DETERMINING WHETHER GOOD CAUSE HAS BEEN
 SHOWN, THE COURT SHALL CONSIDER THE INTEREST OF THE PUBLIC, THE  ORDERLY
 AND  SOUND  ADMINISTRATION OF JUSTICE, THE NATURE OF THE PROCEEDINGS AND
 THE PRIVACY OF THE PERSON ALLEGED TO BE INCAPACITATED.
   § 2. This act shall take effect immediately and  shall  apply  to  all
 court records regardless of when filed.
 
 
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14660-01-8



              

co-Sponsors

2017-S7720A - Details

See Assembly Version of this Bill:
A10122
Current Committee:
Senate Rules
Law Section:
Mental Hygiene Law
Laws Affected:
Amd §81.14, Ment Hyg L
Versions Introduced in Other Legislative Sessions:
2019-2020: S4835, A6229
2021-2022: S7044, A4070
2023-2024: S9017, A9448

2017-S7720A - Summary

Provides that court records in a proceeding under articles 77, 78 and 81 of the mental hygiene law shall not be perused, examined, disclosed, taken or copied by any other person than a party, the attorney or counsel of a party, the guardian, the court evaluator or the court examiner except by order of the court.

2017-S7720A - Sponsor Memo

2017-S7720A - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7720--A
 
                             I N  S E N A T E
 
                             February 12, 2018
                                ___________
 
 Introduced by Sens. ORTT, LAVALLE -- read twice and ordered printed, and
   when  printed  to  be  committed to the Committee on Mental Health and
   Developmental Disabilities  --  committee  discharged,  bill  amended,
   ordered reprinted as amended and recommitted to said committee
 
 AN ACT to amend the mental hygiene law, in relation to disclosure of the
   records of court proceedings

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision (b) of section 81.14 of the mental hygiene law,
 as added by chapter 698 of the laws of  1992,  is  amended  to  read  as
 follows:
   (b) [The court shall not enter an order sealing the court records in a
 proceeding under this article, either in whole or in part, except upon a
 written  finding of good cause, which shall specify the grounds thereof.
 In determining whether good  cause  has  been  shown,  the  court  shall
 consider  the  interest  of  the  public, the orderly and sound adminis-
 tration of justice, the nature of the proceedings, and  the  privacy  of
 the  person  alleged  to be incapacitated. Where it appears necessary or
 desirable, the court may prescribe appropriate notice and opportunity to
 be heard.] COURT RECORDS IN A PROCEEDING UNDER THIS ARTICLE SHALL NOT BE
 PERUSED, EXAMINED, DISCLOSED, TAKEN OR COPIED BY ANY OTHER PERSON THAN A
 PARTY, THE ATTORNEY OR COUNSEL OF A PARTY, THE GUARDIAN, THE COURT EVAL-
 UATOR OR THE COURT EXAMINER EXCEPT BY ORDER OF THE COURT. Court  records
 shall  include  all  documents  and records of any nature filed with the
 clerk in connection with  the  proceeding.  Documents  obtained  through
 disclosure  and not filed with the clerk shall remain subject to protec-
 tive orders under the civil practice law and rules.
   § 2. Applicability.  The obligation of a county clerk to limit  access
 to  the  records of proceedings occurring prior to the effective date of
 this act shall only be limited to the extent that  a  county  clerk  can
 readily identify the records of proceedings to which this act applies. A
 court  may  also seal or limit access to the records of proceedings held
 prior to the effective date of this act, provided,  however,  that  such
 action  shall  not  abridge  the  court's  authority to further restrict
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

co-Sponsors

2017-S7720B (ACTIVE) - Details

See Assembly Version of this Bill:
A10122
Current Committee:
Senate Rules
Law Section:
Mental Hygiene Law
Laws Affected:
Amd §81.14, Ment Hyg L
Versions Introduced in Other Legislative Sessions:
2019-2020: S4835, A6229
2021-2022: S7044, A4070
2023-2024: S9017, A9448

2017-S7720B (ACTIVE) - Summary

Provides that court records in a proceeding under articles 77, 78 and 81 of the mental hygiene law shall not be perused, examined, disclosed, taken or copied by any other person than a party, the attorney or counsel of a party, the guardian, the court evaluator or the court examiner except by order of the court.

2017-S7720B (ACTIVE) - Sponsor Memo

2017-S7720B (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7720--B
 
                             I N  S E N A T E
 
                             February 12, 2018
                                ___________
 
 Introduced by Sens. ORTT, LAVALLE -- read twice and ordered printed, and
   when  printed  to  be  committed to the Committee on Mental Health and
   Developmental Disabilities  --  committee  discharged,  bill  amended,
   ordered  reprinted  as  amended  and  recommitted to said committee --
   committee discharged, bill amended, ordered reprinted as  amended  and
   recommitted to said committee

 AN ACT to amend the mental hygiene law, in relation to disclosure of the
   records of court proceedings
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivisions (b) and (d) of section  81.14  of  the  mental
 hygiene law, as added by chapter 698 of the laws of 1992, are amended to
 read as follows:
   (b) [The court shall not enter an order sealing the court records in a
 proceeding under this article, either in whole or in part, except upon a
 written  finding of good cause, which shall specify the grounds thereof.
 In determining whether good  cause  has  been  shown,  the  court  shall
 consider  the  interest  of  the  public, the orderly and sound adminis-
 tration of justice, the nature of the proceedings, and  the  privacy  of
 the  person  alleged  to be incapacitated. Where it appears necessary or
 desirable, the court may prescribe appropriate notice and opportunity to
 be heard.] COURT RECORDS IN A PROCEEDING UNDER THIS ARTICLE SHALL NOT BE
 PERUSED, EXAMINED, DISCLOSED, TAKEN OR COPIED BY ANY OTHER PERSON THAN A
 PARTY, THE ATTORNEY OR COUNSEL OF A PARTY, THE GUARDIAN, THE COURT EVAL-
 UATOR OR THE COURT EXAMINER EXCEPT BY ORDER OF THE COURT. Court  records
 shall  include  all  documents  and records of any nature filed with the
 clerk in connection with  the  proceeding.  Documents  obtained  through
 disclosure  and not filed with the clerk shall remain subject to protec-
 tive orders under the civil practice law and rules.
   (d) At the time of the commencement of the hearing,  the  court  shall
 inform the allegedly incapacitated person of his or her right to request
 for  good  cause  [that  the court records be sealed and] that a person,
 persons, or the general public be excluded from the hearing.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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