Assembly Actions -
Senate Actions - UPPERCASE
|Feb 12, 2024
referred to codes
delivered to assembly
|Jan 08, 2024
ordered to third reading cal.19
|Jan 05, 2024
referred to rules
Senate Bill S8010
2023-2024 Legislative Session
Current Bill Status - In Assembly Committee
- In Committee Assembly
- On Floor Calendar Assembly
- Passed Assembly
- Delivered to Governor
- Signed By Governor
2023-S8010 (ACTIVE) - Details
- See Assembly Version of this Bill:
- Current Committee:
- Assembly Codes
- Law Section:
- Family Court Act
- Laws Affected:
- Amd §783, Fam Ct Act (as proposed in S.7444 & A.6544)
2023-S8010 (ACTIVE) - Sponsor Memo
BILL NUMBER: S8010 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 PURPOSE: This is a chapter amendment that makes changes to provisions of L.2023, c.691, as it relates to expunging records of persons in need of super- vision PINS) cases in Family Court. SUMMARY OF PROVISIONS: This legislation amends the underlying chapter by creating a carve out for service records maintained by social service departments from the records destroyed as part of the expungement process in Section 1. Section 1 further clarifies that all foster care and preventive service records maintained by a local district will remain subject to the confi- dentiality provisions that govern said records within article six of the
2023-S8010 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 8010 I N S E N A T E January 5, 2024 ___________ Introduced by Sen. BRISPORT -- read twice and ordered printed, and when printed to be committed to the Committee on Rules 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, as amended by a chap- ter of the laws of 2023 amending the family court act relating to expungement of records in persons in need of supervision cases in the family court, as proposed in legislative bills numbers S. 7444 and A. 6544, is amended to read as follows: § 783. Use of 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. (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. PROVIDED, HOWEVER, THAT FOSTER CARE AND PREVENTIVE SERVICE RECORDS MAINTAINED BY SOCIAL SERVICES DEPARTMENTS RELATING TO A PROCEEDING UNDER THIS ARTICLE SHALL NOT BE SUBJECT TO EXPUNGEMENT OR SEALING UNDER THIS SECTION AND SHALL BE HELD CONFIDENTIAL IN ACCORDANCE WITH ARTICLE SIX OF THE SOCIAL SERVICES LAW. (c) Automatic expungement of records of a proceeding under this arti- cle that is terminated in favor of the respondent. (i) Upon termination EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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