senate Bill S9391

2021-2022 Legislative Session

Relates to expungement of records in persons in need of supervision cases in family court

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Children And Families Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (1)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 23, 2022 referred to children and families

S9391 (ACTIVE) - Details

See Assembly Version of this Bill:
A7621
Current Committee:
Senate Children And Families
Law Section:
Family Court Act
Laws Affected:
Amd §§783 & 784, Fam Ct Act

S9391 (ACTIVE) - Summary

Relates to expungement of records in persons in need of supervision cases in family court.

S9391 (ACTIVE) - Sponsor Memo

S9391 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9391
 
                             I N  S E N A T E
 
                               May 23, 2022
                                ___________
 
 Introduced by Sen. BRISPORT -- (at request of the Office of Court Admin-
   istration)  --  read twice and ordered printed, and when printed to be
   committed to the Committee on Children and Families
 
 AN ACT to amend the family court act,  in  relation  to  expungement  of
   records in persons in need of supervision cases in the family court

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 783 of the family court act is amended to  read  as
 follows:
   § 783. Use of [record] RECORDS in other court; EXPUNGEMENT OF RECORDS.
 (A)  Neither  the  fact  that a person was before the family court under
 this article for a hearing nor any confession,  admission  or  statement
 made  by  him OR HER to the court or to any officer thereof in any stage
 of the proceeding is admissible as evidence against him or HER OR his OR
 HER interests in any other court.  [Another court, in imposing  sentence
 upon an adult after conviction, may receive and consider the records and
 information on file with the family court concerning such person when he
 was a child.]
   (B)  FOR  PURPOSES  OF THIS SECTION, "EXPUNGEMENT" SHALL MEAN THAT ALL
 OFFICIAL RECORDS AND PAPERS,  INCLUDING  JUDGMENTS  AND  ORDERS  OF  THE
 COURT,  BUT  NOT INCLUDING PUBLIC COURT DECISIONS OR OPINIONS OR RECORDS
 AND BRIEFS ON APPEAL, RELATING TO  THE  ARREST,  PROSECUTION  AND  COURT
 PROCEEDINGS  AND  RECORDS  OF  THE PROBATION SERVICE AND DESIGNATED LEAD
 AGENCY, INCLUDING ALL DUPLICATES OR COPIES THEREOF,  ON  FILE  WITH  THE
 COURT,  POLICE DEPARTMENT AND LAW ENFORCEMENT AGENCY, PROBATION SERVICE,
 DESIGNATED  LEAD  AGENCY  AND  PRESENTMENT  AGENCY,  IF  ANY,  SHALL  BE
 DESTROYED  AND,  EXCEPT FOR RECORDS SEALED AS PROVIDED IN PARAGRAPHS (V)
 AND (VI) OF SUBDIVISION (C) OF THIS SECTION, SHALL NOT BE MADE AVAILABLE
 TO ANY PERSON OR PUBLIC OR PRIVATE AGENCY.
   (C) AUTOMATIC EXPUNGEMENT OF RECORDS OF A PROCEEDING UNDER THIS  ARTI-
 CLE  THAT IS TERMINATED IN FAVOR OF THE RESPONDENT. (I) UPON TERMINATION
 OF A PROCEEDING UNDER THIS ARTICLE IN FAVOR OF THE RESPONDENT, THE CLERK
 OF THE COURT SHALL IMMEDIATELY NOTIFY AND DIRECT THE  DIRECTORS  OF  THE
 APPROPRIATE  PROBATION  DEPARTMENT,  DESIGNATED  LEAD AGENCY PURSUANT TO
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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