|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|May 23, 2022||referred to children and families|
senate Bill S9391
Current Bill Status - In Senate Committee Children And Families Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S9391 (ACTIVE) - Details
S9391 (ACTIVE) - Sponsor Memo
BILL NUMBER: S9391 SPONSOR: BRISPORT TITLE OF BILL: 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 This is one in a series of measures being introduced at the request of the Chief Administrative Judge upon the recommendation of his Family Court Advisory and Rules Committee. This measure would amend the Family Court Act ("FCA") to correct an anomaly in its provisions relating to the sealing and expungement of records in PINS cases. When Article 3 of the FCA, the juvenile delinquency ("JD") procedure statute, was enacted nearly four decades ago, applicable provisions of the Criminal Procedure Law deemed essential for due process and fairness were incorporated into it. However, the same was not done as to the remaining provisions of FCA Article 7, which thereafter would apply only to PINS cases. Among the most glaring omissions is the provision regard- ing confidentiality of records. Article 3, modeled after CPL § 160.50, which has afforded youth accused of JD, like adults accused of crimes,
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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