assembly Bill A34A

2019-2020 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

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Actions

view actions (10)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2020 ordered to third reading cal.1
returned to assembly
died in senate
Jun 18, 2019 referred to rules
delivered to senate
passed assembly
Jun 14, 2019 amended on third reading 34a
May 02, 2019 advanced to third reading cal.211
Apr 30, 2019 reported
Jan 09, 2019 referred to codes

Co-Sponsors

A34 - Details

See Senate Version of this Bill:
S5802
Law Section:
Public Officers Law
Laws Affected:
Add §72-b, Pub Off L
Versions Introduced in Other Legislative Sessions:
2009-2010: A11389
2011-2012: A3087
2013-2014: A4337
2015-2016: A6428
2017-2018: A350
2021-2022: A254, S588, S8091
2023-2024: A6478, S5089

A34 - Summary

Relates to the unauthorized release of sealed records.

A34 - Bill Text download pdf


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

                                   34

                       2019-2020 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2019
                               ___________

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
72-b to read as follows:
  § 72-B. 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

Co-Sponsors

A34A (ACTIVE) - Details

See Senate Version of this Bill:
S5802
Law Section:
Public Officers Law
Laws Affected:
Add §72-b, Pub Off L
Versions Introduced in Other Legislative Sessions:
2009-2010: A11389
2011-2012: A3087
2013-2014: A4337
2015-2016: A6428
2017-2018: A350
2021-2022: A254, S588, S8091
2023-2024: A6478, S5089

A34A (ACTIVE) - Summary

Relates to the unauthorized release of sealed records.

A34A (ACTIVE) - Bill Text download pdf


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

                                  34--A
                                                        Cal. No. 211

                       2019-2020 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2019
                               ___________

Introduced  by  M.  of A. PERRY, WRIGHT -- read once and referred to the
  Committee on Codes -- reported from committee,  advanced  to  a  third
  reading,  amended  and  ordered  reprinted, retaining its place on the
  order of third reading

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
72-b to read as follows:
  § 72-B. 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  B  MISDEMEANOR.  SUCH CLASS B MISDEMEANOR SHALL BE
PUNISHABLE BY A FINE OF NOT MORE THAN ONE THOUSAND DOLLARS. NO  SENTENCE
OF IMPRISONMENT SHALL BE IMPOSED.
  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