Senate Bill S5802A

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5802--A
     Cal. No. 971
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               May 15, 2019
                                ___________
 
 Introduced  by Sen. BENJAMIN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Investigations and Govern-
   ment Operations -- reported favorably from said committee, ordered  to
   first  and  second  report,  ordered  to  a third reading, amended and
   ordered reprinted, retaining its place in 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD02518-03-9

 S. 5802--A                          2
 
 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
 THEREOF  TO  A  PERSON IF HE OR SHE HAS REASON TO BELIEVE, IN GOOD FAITH
 AND WITH SUFFICIENT CAUSE, THAT SUCH PERSON IS ENTITLED TO RECEIVE  SUCH
 RECORD OR THE NATURE, SUBSTANCE OR CONTENTS THEREOF; OR
   (E)  PROHIBIT  A  PUBLIC OFFICER, OR EMPLOYEE THEREOF, FROM DISCLOSING
 THE NATURE OR EXISTENCE OF A SEALED RECORD IN A GOOD FAITH  RESPONSE  TO
 AN  INQUIRY  WHEN  SUCH  DISCLOSURE IS FOR THE BENEFIT OF THE SUBJECT OF
 SUCH SEALED RECORD.
   3. FOR THE PURPOSES OF THIS SECTION:
   (A) "SEALED RECORD" SHALL MEAN ANY RECORD REQUIRED TO BE SEALED PURSU-
 ANT TO SECTION 160.50, 160.55, 160.58, 160.59, 720.15, OR 725.15 OF  THE
 CRIMINAL  PROCEDURE  LAW,  OR SECTION 375.1 OR 375.2 OF THE FAMILY COURT
 ACT;
   (B) "UNAUTHORIZED PERSON" SHALL MEAN ANY PERSON WHO IS NOT ENTITLED TO
 RECEIVE OR WHO HAS NOT BEEN GRANTED ACCESS TO, A SEALED  RECORD  OR  THE
 NATURE,  SUBSTANCE  OR  CONTENTS  THEREOF, PURSUANT TO STATUTE OR UPON A
 WRITTEN ORDER ISSUED BY A COURT OF COMPETENT JURISDICTION.
   § 2. This act shall take effect immediately.