senate Bill S4835

2019-2020 Legislative Session

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

download bill text pdf

Sponsored By

Current 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 (13)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 22, 2020 advanced to third reading
Jan 21, 2020 2nd report cal.
Jan 15, 2020 1st report cal.181
Jan 08, 2020 referred to mental health and developmental disabilities
returned to senate
died in assembly
Jun 03, 2019 referred to judiciary
delivered to assembly
passed senate
May 06, 2019 advanced to third reading
May 01, 2019 2nd report cal.
Apr 30, 2019 1st report cal.511
Mar 27, 2019 referred to mental health and developmental disabilities

Votes

view votes

Jan 15, 2020 - Mental Health and Developmental Disabilities committee Vote

S4835
7
0
committee
7
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Mental Health and Developmental Disabilities committee vote details

Mental Health and Developmental Disabilities Committee Vote: Jan 15, 2020

Apr 30, 2019 - Mental Health and Developmental Disabilities committee Vote

S4835
7
0
committee
7
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Mental Health and Developmental Disabilities committee vote details

Mental Health and Developmental Disabilities Committee Vote: Apr 30, 2019

Co-Sponsors

S4835 (ACTIVE) - Details

See Assembly Version of this Bill:
A6229
Law Section:
Mental Hygiene Law
Laws Affected:
Amd §81.14, Ment Hyg L
Versions Introduced in 2017-2018 Legislative Session:
S7720, A10122

S4835 (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.

S4835 (ACTIVE) - Sponsor Memo

S4835 (ACTIVE) - Bill Text download pdf


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

                                  4835

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                             March 27, 2019
                               ___________

Introduced  by Sen. CARLUCCI -- 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 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.
                                                           LBD02734-01-9

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