senate Bill S5802A

2019-2020 Legislative Session

Relates to the unauthorized release of sealed records

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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 (10)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Feb 13, 2020 advanced to third reading
Feb 12, 2020 2nd report cal.
Feb 11, 2020 1st report cal.409
Jan 08, 2020 referred to investigations and government operations
Jun 20, 2019 committed to rules
Jun 14, 2019 amended on third reading 5802a
Jun 03, 2019 advanced to third reading
May 30, 2019 2nd report cal.
May 29, 2019 1st report cal.971
May 15, 2019 referred to investigations and government operations

Votes

view votes

Feb 11, 2020 - Investigations and Government Operations committee Vote

S5802A
5
1
committee
5
Aye
1
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Investigations and Government Operations committee vote details

Investigations and Government Operations Committee Vote: Feb 11, 2020

nay (1)
aye wr (1)

May 29, 2019 - Investigations and Government Operations committee Vote

S5802
7
0
committee
7
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Committee Vote: May 29, 2019

S5802 - Details

See Assembly Version of this Bill:
A34
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

S5802 - Summary

Relates to the unauthorized release of sealed records.

S5802 - Sponsor Memo

S5802 - Bill Text download pdf


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

                                  5802

                       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

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
                      [ ] is old law to be omitted.

S5802A (ACTIVE) - Details

See Assembly Version of this Bill:
A34
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

S5802A (ACTIVE) - Summary

Relates to the unauthorized release of sealed records.

S5802A (ACTIVE) - Sponsor Memo

S5802A (ACTIVE) - Bill Text download pdf


                    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

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