Assembly Bill A3925

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3925
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 30, 2025
                                ___________
 
 Introduced by M. of A. LAVINE -- read once and referred to the Committee
   on Judiciary
 
 AN ACT to amend the civil rights law, in relation to ensuring the priva-
   cy  of  name change actions and of sex designation change actions; and
   to repeal certain provisions of such law relating thereto

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Section 64-a of the civil rights law is REPEALED and a new
 section 64-a is added to read as follows:
   § 64-A. ENSURING PRIVACY OF NAME CHANGE ACTIONS. 1. AT NO  TIME  SHALL
 ANY  PAPER  OR  DOCUMENT  FILED  BY  ELECTRONIC OR PAPER MEANS IN A NAME
 CHANGE ACTION BE AVAILABLE FOR PUBLIC INSPECTION IN-PERSON,  ONLINE,  OR
 AT  ANY  COMPUTER TERMINAL IN THE COURTHOUSE OR THE OFFICE OF THE COUNTY
 CLERK, EXCEPT FOR ACCESS BY THE PETITIONER, THE  PERSON  CHANGING  THEIR
 NAME IF DIFFERENT FROM THE PETITIONER, THE ATTORNEY OF RECORD, OR UPON A
 FINDING  OF  GOOD  CAUSE.  NO ORDER OF THE COURT SHALL BE REQUIRED FOR A
 PETITIONER, OR A PERSON WHOSE NAME  CHANGE  A  FILING  PERTAINS  TO,  TO
 ACCESS THEIR OWN FILE.
   2. ANY ENTITY RESPONSIBLE FOR PROCESSING AND MAINTAINING COURT RECORDS
 SHALL  ENSURE  MATTERS  FILED UNDER THIS ARTICLE ARE INACCESSIBLE TO THE
 PUBLIC IMMEDIATELY UPON FILING, REGARDLESS OF WHETHER A PETITIONER MAKES
 A SHOWING OF RISK AND REGARDLESS OF THE REASON FOR THE NAME CHANGE. THIS
 SECTION APPLIES TO ALL MATTERS FILED UNDER THIS  ARTICLE  REGARDLESS  OF
 WHETHER  A  PETITIONER HAS MADE A SPECIFIC REQUEST FOR THEIR INFORMATION
 TO BE KEPT PRIVATE AND REGARDLESS OF WHETHER A COURT HAS  ORDERED  SEAL-
 ING.
   3.  THE  OFFICE OF COURT ADMINISTRATION, CLERKS, AND ALL OTHER RECORDS
 CUSTODIANS SHALL DEVELOP POLICIES AND PROCEDURES TO ENSURE NO  IDENTIFY-
 ING  INFORMATION  OR DOCUMENTATION RELATING TO A MATTER FILED UNDER THIS
 ARTICLE IS VISIBLE OR RETRIEVABLE IN ANY ELECTRONIC DATABASE  MAINTAINED
 BY  THE  STATE  OF  NEW  YORK  OR A SUBDIVISION THEREOF. NON-IDENTIFYING
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06096-01-5
              

 A. 3925                             2
 
 ADMINISTRATIVE INFORMATION INCLUDING BUT NOT LIMITED TO  INDEX  NUMBERS,
 JUDGES,  COURTS, ATTORNEY NAMES, INFORMATION ABOUT THE NATURE AND STATUS
 OF THE ACTION, AND INITIALIZED OR ANONYMIZED CAPTIONS  MAY  BE  VISIBLE.
 ALL  CUSTODIAL  AGENCIES  AND  INDIVIDUALS SHALL ENSURE ANY PLATFORMS OR
 SYSTEMS USED TO FILE OR MAINTAIN COURT RECORDS ALLOW FOR  CUSTODIANS  TO
 INPUT AND MAINTAIN MATTERS FILED UNDER THIS ARTICLE CONSISTENT WITH THIS
 SECTION.
   4.  WITHIN  NINETY  DAYS  OF  THE  EFFECTIVE DATE OF THIS SECTION, ALL
 CUSTODIAL AGENCIES AND  INDIVIDUALS  MAINTAINING  EXISTING  NAME  CHANGE
 RECORDS  SHALL  ENSURE ALL MATTERS FILED UNDER THIS ARTICLE PRIOR TO THE
 EFFECTIVE DATE OF THIS SECTION ARE REMOVED FROM  PUBLIC  VIEW  IN-PERSON
 AND IN ONLINE DATABASES CONSISTENT WITH THIS SECTION.
   5.  IF  A  PERSON  WHOSE  NAME WAS CHANGED BY COURT ORDER PRIOR TO THE
 EFFECTIVE DATE OF THIS SECTION DISCOVERS THAT INFORMATION DEEMED PRIVATE
 UNDER THIS SECTION IS PUBLICLY ACCESSIBLE, SUCH PERSON MAY MOVE EX PARTE
 AT ANY TIME TO  REQUEST  THAT  INFORMATION  DEEMED  PRIVATE  UNDER  THIS
 SECTION  BE  REMOVED  FROM  PUBLIC  VIEW  CONSISTENT  WITH THIS SECTION,
 REGARDLESS OF WHETHER A REQUEST TO SEAL WAS MADE  AT  THE  TIME  OF  THE
 ORIGINAL PETITION OR THE MATTER WAS PREVIOUSLY ORDERED SEALED.
   6.  NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT THE DISCRETION
 OF THE COURT TO ORDER NOTICE OF A NAME CHANGE PURSUANT TO THIS ARTICLE.
   § 2. Section 67-b of the civil  rights  law  is  REPEALED  and  a  new
 section 67-b is added to read as follows:
   §  67-B. ENSURING THE PRIVACY OF SEX DESIGNATION CHANGE ACTIONS. 1. AT
 NO TIME SHALL ANY PAPER OR DOCUMENT FILED BY ELECTRONIC OR  PAPER  MEANS
 IN  A  SEX  DESIGNATION CHANGE ACTION BE AVAILABLE FOR PUBLIC INSPECTION
 IN-PERSON, ONLINE, OR AT ANY COMPUTER TERMINAL IN THE COURTHOUSE OR  THE
 OFFICE  OF  THE  COUNTY  CLERK, EXCEPT FOR ACCESS BY THE PETITIONER, THE
 PERSON CHANGING THEIR SEX DESIGNATION IF DIFFERENT FROM THE  PETITIONER,
 THE ATTORNEY OF RECORD, OR UPON A FINDING OF GOOD CAUSE. NO ORDER OF THE
 COURT  SHALL  BE REQUIRED FOR A PETITIONER, OR A PERSON WHOSE SEX DESIG-
 NATION CHANGE A FILING PERTAINS TO, TO ACCESS THEIR OWN FILE.
   2. ANY ENTITY RESPONSIBLE FOR PROCESSING AND MAINTAINING COURT RECORDS
 SHALL ENSURE MATTERS FILED UNDER THIS ARTICLE ARE  INACCESSIBLE  TO  THE
 PUBLIC IMMEDIATELY UPON FILING, REGARDLESS OF WHETHER A PETITIONER MAKES
 A  SHOWING  OF RISK AND REGARDLESS OF THE REASON FOR THE SEX DESIGNATION
 CHANGE. THIS SECTION APPLIES TO ALL MATTERS  FILED  UNDER  THIS  ARTICLE
 REGARDLESS OF WHETHER A PETITIONER HAS MADE A SPECIFIC REQUEST FOR THEIR
 INFORMATION  TO  BE  KEPT  PRIVATE AND REGARDLESS OF WHETHER A COURT HAS
 ORDERED SEALING.
   3. THE OFFICE OF COURT ADMINISTRATION, CLERKS, AND ALL  OTHER  RECORDS
 CUSTODIANS  SHALL DEVELOP POLICIES AND PROCEDURES TO ENSURE NO IDENTIFY-
 ING INFORMATION OR DOCUMENTATION RELATING TO A MATTER FILED  UNDER  THIS
 ARTICLE  IS VISIBLE OR RETRIEVABLE IN ANY ELECTRONIC DATABASE MAINTAINED
 BY THE STATE OF NEW  YORK  OR  A  SUBDIVISION  THEREOF.  NON-IDENTIFYING
 ADMINISTRATIVE  INFORMATION  INCLUDING BUT NOT LIMITED TO INDEX NUMBERS,
 JUDGES, COURTS, ATTORNEY NAMES, INFORMATION ABOUT THE NATURE AND  STATUS
 OF  THE  ACTION,  AND INITIALIZED OR ANONYMIZED CAPTIONS MAY BE VISIBLE.
 ALL CUSTODIAL AGENCIES AND INDIVIDUALS SHALL  ENSURE  ANY  PLATFORMS  OR
 SYSTEMS  USED  TO FILE OR MAINTAIN COURT RECORDS ALLOW FOR CUSTODIANS TO
 INPUT AND MAINTAIN MATTERS FILED UNDER THIS ARTICLE CONSISTENT WITH THIS
 SECTION.
   4. WITHIN NINETY DAYS OF THE  EFFECTIVE  DATE  OF  THIS  SECTION,  ALL
 CUSTODIAL  AGENCIES AND INDIVIDUALS MAINTAINING EXISTING SEX DESIGNATION
 CHANGE RECORDS SHALL ENSURE ALL MATTERS FILED UNDER THIS  ARTICLE  PRIOR
 A. 3925                             3

 TO  THE  EFFECTIVE  DATE  OF  THIS  SECTION ARE REMOVED FROM PUBLIC VIEW
 IN-PERSON AND IN ONLINE DATABASES CONSISTENT WITH THIS SECTION.
   5.  IF A PERSON WHOSE SEX DESIGNATION WAS CHANGED BY COURT ORDER PRIOR
 TO THE EFFECTIVE DATE OF THIS SECTION DISCOVERS THAT INFORMATION  DEEMED
 PRIVATE  UNDER THIS SECTION IS PUBLICLY ACCESSIBLE, SUCH PERSON MAY MOVE
 EX PARTE AT ANY TIME TO REQUEST THAT INFORMATION  DEEMED  PRIVATE  UNDER
 THIS  SECTION  BE REMOVED FROM PUBLIC VIEW CONSISTENT WITH THIS SECTION,
 REGARDLESS OF WHETHER A REQUEST TO SEAL WAS MADE  AT  THE  TIME  OF  THE
 ORIGINAL PETITION OR THE MATTER WAS PREVIOUSLY ORDERED SEALED.
   § 3. This act shall take effect immediately.