senate Bill S5089

2023-2024 Legislative Session

Relates to the unauthorized release of sealed records

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Investigations And Government Operations 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
Feb 22, 2023 referred to investigations and government operations

S5089 (ACTIVE) - Details

See Assembly Version of this Bill:
A6478
Current Committee:
Senate Investigations And Government Operations
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
2019-2020: S5802, A34
2021-2022: S588, S8091, A254

S5089 (ACTIVE) - Summary

Relates to the unauthorized release of sealed records.

S5089 (ACTIVE) - Sponsor Memo

S5089 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5089
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 22, 2023
                                ___________
 
 Introduced  by  Sen.  CLEARE -- 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  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
 DISCUSSION  DOES  NOT  CONFIRM  OR  DISCLOSE  THE  NATURE,  SUBSTANCE OR
 CONTENTS OF A SEALED RECORD;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07763-01-3

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