Assembly Bill A6229

2019-2020 Legislative Session

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

download bill text pdf

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Archive: Last Bill Status - In Assembly 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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2019-A6229 (ACTIVE) - Details

See Senate Version of this Bill:
S4835
Current Committee:
Assembly Codes
Law Section:
Mental Hygiene Law
Laws Affected:
Amd §81.14, Ment Hyg L
Versions Introduced in Other Legislative Sessions:
2017-2018: A10122, S7720
2021-2022: A4070, S7044
2023-2024: A9448

2019-A6229 (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.

2019-A6229 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6229
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               March 4, 2019
                                ___________
 
 Introduced by M. of A. THIELE -- read once and referred to the Committee
   on Judiciary
 
 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.
   § 2. Applicability.  The obligation of a county clerk to limit  access
 to  the  records of proceedings occurring prior to the effective date of
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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