NY State Senate Bill 2023-S8339

Current Bill Status - On Floor Calendar

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

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 26, 2024	advanced to third reading amended 8339a
Feb 14, 2024	2nd report cal.
Feb 13, 2024	1st report cal.431
Jan 18, 2024	referred to judiciary

Votes

- Feb 13, 2024 - Judiciary Committee Vote
  S8339
  
  17
  
  Aye
  
  0
  
  Nay
  
  2
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Judiciary Committee Vote: Feb 13, 2024
      
      aye (17)
      
      Bailey
      
      Breslin
      
      Canzoneri-Fitzpatrick
      
      Gounardes
      
      Hoylman-Sigal
      
      Liu
      
      Martins
      
      Mayer
      
      Myrie
      
      Palumbo
      
      Ramos
      
      Rhoads
      
      Ryan
      
      Sepúlveda
      
      Skoufis
      
      Stavisky
      
      Thomas
      
      aye wr (2)
      
      Lanza
      
      O'Mara

Bill Amendments

Original

A (Active)

2023-S8339 - Details

Law Section:: Family Court Act
Laws Affected:: Add §161-a, Fam Ct Act

2023-S8339 - Summary

Establishes standards for public access to family court proceedings and when a judge can exclude individuals from proceedings.

2023-S8339 - Sponsor Memo

                                 
BILL NUMBER: S8339

SPONSOR: MAYER
 
TITLE OF BILL:

An act to amend the family court act, in relation to establishing stand-
ards for public access to family court

 
PURPOSE OF BILL:

To clarify the standard to be used by a family court judge when deter-
mining whether to close the courtroom to the public or exclude someone
from the courtroom.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends the family court act by adding a new section 161-a.

Section 2 sets the effective date.

 
JUSTIFICATION:

The United States' legal principles favor open courts as a tool to
provide a check on government. In 1997, New York's Office of Court
Administration created a court rule concerning access by the public to
family court proceedings. The rule states: "Members of the public,
including news media, shall have access to all courtrooms.' The rule
allows judges to exclude the general public or a person from the court
if they find that the exclusion is warranted, and outlines a list of
factors that the court may consider.2

This bill would codify the rule so as to make clear that the presumption
is that all family court proceedings are open to the public, in the
absence of extenuating circumstances. Anecdotal information suggests
that family court personnel are not uniformly complying with the rule
and are closing the courtroom even in circumstances when the rule would
not allow it. At a recent New York State Senate hearing on family court
proceedings, multiple advocacy groups and members of the public who have
been parties to cases in family court testified to widespread disregard
for this court rule.

Clarifying the circumstances where courts may be closed to the public
will provide a greater measure of transparency and accountability for
judges and court personnel without compromising protection for vulner-
able parties.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.
1 Uniform Rules for the Family Court, Part 205, section 205.4(a)
2 Uniform Rules for the Family Court, Part 205, section 205.4(b)

2023-S8339 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8339
 
                             I N  S E N A T E
 
                             January 18, 2024
                                ___________
 
 Introduced  by  Sen.  MAYER  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Judiciary
 
 AN ACT to amend the family court act, in relation to establishing stand-
   ards for public access to family court
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  The  family  court act is amended by adding a new section
 161-a to read as follows:
   § 161-A. ACCESS TO FAMILY COURT PROCEEDINGS. 1. THE FAMILY COURT SHALL
 BE OPEN TO THE PUBLIC. MEMBERS OF THE PUBLIC, INCLUDING THE NEWS  MEDIA,
 SHALL  HAVE  ACCESS TO ALL COURTROOMS, LOBBIES, PUBLIC WAITING AREAS AND
 OTHER COMMON AREAS OF THE FAMILY COURT  OTHERWISE  OPEN  TO  INDIVIDUALS
 WITH BUSINESS BEFORE THE COURT.
   2. THE GENERAL PUBLIC OR ANY PERSON SHALL BE EXCLUDED FROM A COURTROOM
 ONLY  IF THE JUDGE PRESIDING IN SUCH COURTROOM DETERMINES, ON A CASE-BY-
 CASE  BASIS  THAT  SUCH  EXCLUSION  IS  WARRANTED.  IN  EXERCISING  THIS
 DISCRETION, SUCH JUDGE MAY CONSIDER, AMONG OTHER FACTORS, THE FOLLOWING:
   (A)  WHETHER SUCH PERSON IS CAUSING OR LIKELY TO CAUSE A DISRUPTION IN
 THE PROCEEDINGS;
   (B) WHETHER SUCH PERSON'S PRESENCE  IS  OBJECTED  TO  BY  ONE  OF  THE
 PARTIES BEFORE THE COURT;
   (C)  THE  ORDERLY  AND  SOUND ADMINISTRATION OF JUSTICE, INCLUDING THE
 NATURE OF SUCH PROCEEDING, THE PRIVACY INTERESTS OF  INDIVIDUALS  BEFORE
 THE  COURT,  AND  THE  NEED  FOR PROTECTION OF LITIGANTS, IN PARTICULAR,
 CHILDREN, FROM HARM; AND
   (D) WHETHER LESS RESTRICTIVE ALTERNATIVES TO EXCLUSION ARE UNAVAILABLE
 OR INAPPROPRIATE FOR THE CIRCUMSTANCES OF THE PARTICULAR CASE.
   3. WHERE A JUDGE EXERCISES THEIR DISCRETION IN EXCLUDING  ANY  PERSON,
 THE  GENERAL  PUBLIC,  OR  NEWS  MEDIA  FROM A PROCEEDING OR A PART OF A
 PROCEEDING IN FAMILY COURT, SUCH JUDGE  SHALL  MAKE  A  FINDING  ON  THE
 RECORD PRIOR TO ORDERING SUCH EXCLUSION.
   4.  WHEN  NECESSARY  TO  PRESERVE THE DECORUM OF SUCH PROCEEDINGS, THE
 JUDGE SHALL INSTRUCT  REPRESENTATIVES  OF  THE  NEWS  MEDIA  AND  OTHERS
 REGARDING PERMISSIBLE USE OF SUCH COURTROOM AND OTHER FACILITIES OF SUCH
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD14091-01-4
 S. 8339                             2
 
 COURT,  THE ASSIGNMENT OF SEATS TO REPRESENTATIVES OF SUCH NEWS MEDIA ON
 AN EQUITABLE BASIS, AND ANY OTHER MATTERS THAT MAY AFFECT THE CONDUCT OF
 SUCH PROCEEDINGS AND THE WELL-BEING AND SAFETY OF THE PARTIES BEFORE THE
 COURT.
   § 2. This act shall take effect immediately.

2023-S8339A (ACTIVE) - Details

Law Section:: Family Court Act
Laws Affected:: Add §161-a, Fam Ct Act

2023-S8339A (ACTIVE) - Summary

Establishes standards for public access to family court proceedings and when a judge can exclude individuals from proceedings.

2023-S8339A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S8339A

SPONSOR: MAYER
 
TITLE OF BILL:

An act to amend the family court act, in relation to establishing stand-
ards for public access to family court

 
PURPOSE OF BILL:

To clarify the standard to be used by a family court judge when deter-
mining whether to close the courtroom to the public or exclude someone
from the courtroom.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends the family court act by adding a new section 161-a.

Section 2 amends § 341.1 of the family court act, in relation to juve-
nile delinquency proceedings, to conform existing provisions of law with
the new section 161-a.

Section 3 amends § 433(a) of the family court act, in relation to
support proceedings, to conform existing provisions of law with the new
section 161-a.

Section 4 amends § 531 of the family court act, in relation to paternity
proceedings, to conform existing provisions of law with the new section
161-a.

Section 5 amends § 741(b) of the family court act, in relation to
persons in need of supervision proceedings, to conform existing
provisions of law with the new section 161-a.

Section 6 amends § 1043 of the family court act, in relation to child
protective proceedings, to conform existing provisions of law with the
new section 161-a.

Section 7 sets the effective date.

 
JUSTIFICATION:

The United States' legal principles favor open courts as a tool to
provide a check on government. In 1997, New York's Office of Court
Administration created a court rule concerning access by the public to
family court proceedings. The rule states: "Members of the public,
including news media, shall have access to all courtrooms.' The rule
allows judges to exclude the general public or a person from the court
if they find that the exclusion is warranted, and outlines a list of
factors that the court may consider.2

This bill would codify the rule so as to make clear that the presumption
is that all family court proceedings are open to the public, in the
absence of extenuating circumstances. Anecdotal information suggests
that family court personnel are not uniformly complying with the rule
and are closing the courtroom even in circumstances when the rule would
not allow it. At a recent New York State Senate hearing on family court
proceedings, multiple advocacy groups and members of the public who have

been parties to cases in family court testified to widespread disregard
for this court rule.

Clarifying the circumstances where courts may be closed to the public
will provide a greater measure of transparency and accountability for
judges and court personnel without compromising protection for vulner-
able parties.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.
1 Uniform Rules for the Family Court, Part 205, section 205.4(a)
2 Uniform Rules for the Family Court, Part 205, section 205.4(b)

2023-S8339A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8339--A
     Cal. No. 431
 
                             I N  S E N A T E
 
                             January 18, 2024
                                ___________
 
 Introduced  by  Sen.  MAYER  -- read twice and ordered printed, and when
   printed to be committed to the  Committee  on  Judiciary  --  reported
   favorably  from  said  committee,  ordered to first and second report,
   amended on second report, ordered  to  a  third  reading,  and  to  be
   reprinted  as amended, retaining its place in the order of third read-
   ing

 AN ACT to amend the family court act, in relation to establishing stand-
   ards for public access to family court
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  family  court act is amended by adding a new section
 161-a to read as follows:
   § 161-A. ACCESS TO FAMILY COURT PROCEEDINGS. 1. THE FAMILY COURT SHALL
 BE OPEN TO THE PUBLIC. MEMBERS OF THE PUBLIC, INCLUDING THE NEWS  MEDIA,
 SHALL  HAVE  ACCESS TO ALL COURTROOMS, LOBBIES, PUBLIC WAITING AREAS AND
 OTHER COMMON AREAS OF THE FAMILY COURT  OTHERWISE  OPEN  TO  INDIVIDUALS
 WITH BUSINESS BEFORE THE COURT.
   2. THE GENERAL PUBLIC OR ANY PERSON SHALL BE EXCLUDED FROM A COURTROOM
 ONLY  IF  THE COURT DETERMINES, ON A CASE-BY-CASE BASIS THAT SUCH EXCLU-
 SION IS WARRANTED. IN EXERCISING THIS DISCRETION, THE COURT MAY  CONSID-
 ER, AMONG OTHER FACTORS, THE FOLLOWING:
   (A)  WHETHER SUCH PERSON IS CAUSING OR LIKELY TO CAUSE A DISRUPTION IN
 THE PROCEEDINGS;
   (B) WHETHER SUCH PERSON'S PRESENCE  IS  OBJECTED  TO  BY  ONE  OF  THE
 PARTIES OR THE ATTORNEY FOR THE CHILD;
   (C)  THE  ORDERLY  AND  SOUND ADMINISTRATION OF JUSTICE, INCLUDING THE
 NATURE OF SUCH PROCEEDING, THE PRIVACY INTERESTS OF  INDIVIDUALS  BEFORE
 THE  COURT,  AND  THE  NEED  FOR PROTECTION OF LITIGANTS, IN PARTICULAR,
 CHILDREN, FROM HARM; AND
   (D) WHETHER LESS RESTRICTIVE ALTERNATIVES TO EXCLUSION ARE UNAVAILABLE
 OR INAPPROPRIATE FOR THE CIRCUMSTANCES OF THE PARTICULAR CASE.
   3. WHERE A COURT EXERCISES ITS DISCRETION IN EXCLUDING ANY PERSON, THE
 GENERAL PUBLIC, OR NEWS MEDIA FROM A PROCEEDING OR A PART OF A  PROCEED-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD14091-04-4
 S. 8339--A                          2
 
 ING  IN  FAMILY  COURT,  IT  SHALL MAKE A FINDING ON THE RECORD PRIOR TO
 ORDERING SUCH EXCLUSION.
   4.  WHEN  NECESSARY  TO  PRESERVE THE DECORUM OF SUCH PROCEEDINGS, THE
 COURT SHALL INSTRUCT  REPRESENTATIVES  OF  THE  NEWS  MEDIA  AND  OTHERS
 REGARDING PERMISSIBLE USE OF SUCH COURTROOM AND OTHER FACILITIES OF SUCH
 COURT,  THE ASSIGNMENT OF SEATS TO REPRESENTATIVES OF SUCH NEWS MEDIA ON
 AN EQUITABLE BASIS, AND ANY OTHER MATTERS THAT MAY AFFECT THE CONDUCT OF
 SUCH PROCEEDINGS AND THE WELL-BEING AND SAFETY OF THE PARTIES BEFORE THE
 COURT.
   5. NOTHING IN THIS SECTION SHALL LIMIT THE RESPONSIBILITY AND AUTHORI-
 TY OF THE CHIEF ADMINISTRATOR OF THE COURTS, OR THE ADMINISTRATIVE JUDG-
 ES WITH THE APPROVAL OF THE CHIEF ADMINISTRATOR OF THE COURTS, TO ENSURE
 THE PREVENTION OF THE RELEASE OF SENSITIVE INFORMATION BY ANY PERSON  OR
 ENTITY,  INCLUDING  THE  PRESS,  CONCERNING  PERSONS, INCLUDING A CHILD,
 HAVING BUSINESS BEFORE THE COURT.
   § 2. Section 341.1 of the family court act, as added by chapter 920 of
 the laws of 1982, is amended to read as follows:
   § 341.1. Exclusion of  general  public.  The  general  public  may  be
 excluded  from  any  proceeding  under  this article, IN COMPLIANCE WITH
 SECTION ONE HUNDRED SIXTY-ONE-A OF THIS ACT, and only such  persons  and
 the  representatives of authorized agencies as have a direct interest in
 the case shall be admitted thereto.
   § 3. Subdivision (a) of section  433  of  the  family  court  act,  as
 amended  by  chapter  809  of  the  laws  of 1985, is amended to read as
 follows:
   [(a)] Hearing. (A) Upon the return of the summons or when a respondent
 is brought before the court pursuant  to  a  warrant,  the  court  shall
 proceed to hear and determine the case. The respondent shall be informed
 of  the  contents of the petition, advised of [his] THEIR right to coun-
 sel, and  shall  be  given  opportunity  to  be  heard  and  to  present
 witnesses.  The  court  may  exclude the public from the court room in a
 proper case, IN COMPLIANCE WITH SECTION ONE HUNDRED SIXTY-ONE-A OF  THIS
 ACT.
   § 4. Section 531 of the family court act, as amended by chapter 665 of
 the laws of 1976, is amended to read as follows:
   §  531.  Hearing.  The trial shall be by the court without a jury. The
 mother or the alleged father shall  be  competent  to  testify  but  the
 respondent  shall  not be compelled to testify. If the mother is married
 both she and her husband may testify to  nonaccess.  If  the  respondent
 shall  offer  testimony of access by others at or about the time charged
 in the complaint, such testimony shall not be competent or admissible in
 evidence except when corroborated by other facts and circumstances tend-
 ing to prove such access. The court may exclude the general public  from
 the  room  where  the  proceedings  are heard and may admit only persons
 directly interested in the case, including officers  of  the  court  and
 witnesses.    EXCLUSION  OF  THE  PUBLIC  PURSUANT TO THIS SECTION SHALL
 COMPLY WITH SECTION ONE HUNDRED SIXTY-ONE-A OF THIS ACT.
   § 5. Subdivision (b) of section 741 of the family court act is amended
 to read as follows:
   (b) The general public may be excluded from  any  hearing  under  this
 article, IN COMPLIANCE WITH SECTION ONE HUNDRED SIXTY-ONE-A OF THIS ACT,
 and  only  such  persons  and the representatives of authorized agencies
 admitted thereto as have a direct interest in the case.
   § 6. Section 1043 of the family court act, as amended by  chapter  682
 of the laws of 1975, is amended to read as follows:
 S. 8339--A                          3
 
   §  1043.  Hearings  not  open to the public. The general public may be
 excluded from any hearing under this article, IN COMPLIANCE WITH SECTION
 ONE HUNDRED SIXTY-ONE-A OF THIS ACT,  and  only  such  persons  and  the
 representatives  of  authorized  agencies  admitted  thereto  as have an
 interest in the case.
   § 7. This act shall take effect immediately.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Senate Bill S8339

Sponsored By

Current Bill Status - On Floor Calendar

Feb 13, 2024 - Judiciary Committee Vote

Judiciary Committee Vote: Feb 13, 2024

Bill Amendments

2023-S8339 - Details

2023-S8339 - Summary

2023-S8339 - Sponsor Memo

2023-S8339 - Bill Text download pdf

2023-S8339A (ACTIVE) - Details

2023-S8339A (ACTIVE) - Summary

2023-S8339A (ACTIVE) - Sponsor Memo

2023-S8339A (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S8339

Share this bill

Sponsored By

Shelley B. Mayer

Current Bill Status - On Floor Calendar

Bill Amendments

2023-S8339 - Details

2023-S8339 - Summary

2023-S8339 - Sponsor Memo

2023-S8339 - Bill Text download pdf

2023-S8339A (ACTIVE) - Details

2023-S8339A (ACTIVE) - Summary

2023-S8339A (ACTIVE) - Sponsor Memo

2023-S8339A (ACTIVE) - Bill Text download pdf

Comments