S T A T E O F N E W Y O R K
________________________________________________________________________
6804
2025-2026 Regular Sessions
I N A S S E M B L Y
March 14, 2025
___________
Introduced by M. of A. GRIFFIN -- read once and referred to the Commit-
tee on Judiciary
AN ACT to amend the mental hygiene law, in relation to disclosure of the
records of court proceedings
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivisions (b) and (d) of section 81.14 of the mental
hygiene law, as added by chapter 698 of the laws of 1992, are amended to
read as follows:
(b) [The court shall not enter an order sealing the court records in a
proceeding under this article, either in whole or in part, except upon a
written finding of good cause, which shall specify the grounds thereof.
In determining whether good cause has been shown, the court shall
consider the interest of the public, the orderly and sound adminis-
tration of justice, the nature of the proceedings, and the privacy of
the person alleged to be incapacitated. Where it appears necessary or
desirable, the court may prescribe appropriate notice and opportunity to
be heard.] COURT RECORDS IN A PROCEEDING UNDER THIS ARTICLE SHALL NOT BE
PERUSED, EXAMINED, DISCLOSED, TAKEN OR COPIED BY ANY OTHER PERSON THAN A
PARTY, THE ATTORNEY OR COUNSEL OF A PARTY, THE GUARDIAN, THE COURT EVAL-
UATOR OR THE COURT EXAMINER EXCEPT BY ORDER OF THE COURT. Court records
shall include all documents and records of any nature filed with the
clerk in connection with the proceeding. Documents obtained through
disclosure and not filed with the clerk shall remain subject to protec-
tive orders under the civil practice law and rules.
(d) At the time of the commencement of the hearing, the court shall
inform the allegedly incapacitated person of his or her right to request
for good cause [that the court records be sealed and] that a person,
persons, or the general public be excluded from the hearing.
§ 2. Applicability. The obligation of a county clerk to limit access
to the records of proceedings occurring prior to the effective date of
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03618-01-5
A. 6804 2
this act shall only be limited to the extent that a county clerk can
readily identify the records of proceedings to which this act applies. A
court may also seal or limit access to the records of proceedings held
prior to the effective date of this act, provided, however, that such
action shall not abridge the court's authority to further restrict
access for good cause shown pursuant to any other law, regulation or
rule.
§ 3. This act shall take effect immediately and shall apply to any and
all past, present and future proceedings held pursuant to article 81 of
the mental hygiene law on and after the effective date of this act.