Senate Bill S7044

2021-2022 Legislative Session

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

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Mental Health 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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2021-S7044 (ACTIVE) - Details

See Assembly Version of this Bill:
A4070
Current Committee:
Senate Mental Health
Law Section:
Mental Hygiene Law
Laws Affected:
Amd §81.14, Ment Hyg L
Versions Introduced in Other Legislative Sessions:
2017-2018: S7720, A10122
2019-2020: S4835, A6229
2023-2024: A9448

2021-S7044 (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.

2021-S7044 (ACTIVE) - Sponsor Memo

2021-S7044 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7044
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               May 25, 2021
                                ___________
 
 Introduced  by  Sen.  BROUK  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Mental Health
 
 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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