Assembly Bill A7293

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7293
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 25, 2025
                                ___________
 
 Introduced  by M. of A. PRETLOW -- read once and referred to the Commit-
   tee on Mental Health
 
 AN ACT to amend the mental hygiene law, in relation to directing  courts
   of  law, upon request, to seal the files of certain former outpatients
   of mental health facilities after ten years

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Subdivision (b) of section 33.14 of the mental hygiene law
 is relettered subdivision (c) and a new subdivision (b) is added to read
 as  follows:
   (B) (1) NOTWITHSTANDING ANY PROVISION OF LAW  TO  THE  CONTRARY,  UPON
 REQUEST BY A PERSON WHO HAS BEEN ADMITTED TO RECEIVE INPATIENT OR OUTPA-
 TIENT  SERVICES  FOR  MENTAL  ILLNESS, A COURT OF COMPETENT JURISDICTION
 SHALL RENDER AN ORDER DIRECTING THE  SEALING  OF  RECORDS  HELD  BY  THE
 OFFICE  OF  MENTAL HEALTH, A FACILITY, OR ANY OTHER INDIVIDUAL OR PUBLIC
 OR PRIVATE ENTITY, WHICH IDENTIFY A PERSON AS A  RECIPIENT  OF  SERVICES
 FOR  MENTAL  ILLNESS,  SUBJECT  TO SUCH LIMITATIONS OR EXCEPTIONS AS THE
 COURT MAY IMPOSE, UPON A FINDING THAT  COMPETENT  MEDICAL  EVIDENCE  HAS
 DEMONSTRATED THAT THE PERSON IDENTIFIED IN SUCH RECORDS IS NOT CURRENTLY
 SUFFERING  FROM  A  MENTAL  ILLNESS,  HAS  NOT FOR A PERIOD OF TEN YEARS
 RECEIVED OUTPATIENT SERVICES FOR THE TREATMENT OF A MENTAL ILLNESS,  AND
 THE INTERESTS OF SUCH PERSON AND SOCIETY WOULD BEST BE SERVED BY SEALING
 SUCH PERSON'S RECORDS. IT SHALL BE PRESUMED THAT IT WOULD BE IN THE BEST
 INTERESTS  OF  SUCH  PERSON AND SOCIETY TO SEAL ANY RECORD OF A PERSON'S
 RECEIPT OF SERVICES FOR THE TREATMENT OF MENTAL ILLNESS  PRIOR  TO  SUCH
 PERSON'S SIXTEENTH BIRTHDAY.
   (2)  SUCH REQUEST SHALL BE IN A FORM PRESCRIBED BY THE COURT AND SHALL
 INCLUDE AN AFFIDAVIT EXECUTED BY SUCH  PETITIONER  AND  FILED  WITH  THE
 COURT ALONG WITH COMPETENT MEDICAL EVIDENCE PURSUANT TO PARAGRAPH ONE OF
 THIS  SUBDIVISION.  A  PETITIONER  SHALL  NOT  BE REQUIRED TO COMMENCE A
 SPECIAL PROCEEDING UNDER THIS SUBDIVISION, PROVIDED, HOWEVER, THAT  THIS
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11026-01-5
              

 A. 7293                             2
 
 SUBDIVISION SHALL NOT ADVERSELY AFFECT A PETITIONER'S RIGHT TO A SPECIAL
 PROCEEDING, HEARING OR ANY OTHER RIGHT UNDER THIS CHAPTER.
   (3) EXCEPT FOR SUCH LIMITATIONS AS THE COURT MAY IMPOSE, A COURT ORDER
 DIRECTING  THE  OFFICE OF MENTAL HEALTH, A FACILITY, OR OTHER INDIVIDUAL
 OR ENTITY TO SEAL RECORDS SHALL REQUIRE THE  OFFICE  OF  MENTAL  HEALTH,
 FACILITY  OR  OTHER  INDIVIDUAL  OR ENTITY TO RESPOND TO ANY OFFICIAL OR
 UNOFFICIAL INQUIRY CONCERNING A  PERSON'S  HISTORY  OF  MENTAL  ILLNESS,
 WHOSE  RECORDS  HAVE  BEEN SEALED, AS THOUGH THE ADMISSION OR RECEIPT OF
 SERVICES DOCUMENTED IN THE SEALED RECORDS HAD NEVER OCCURRED.
   (4) A PERSON WHO IS THE  SUBJECT  OF  AN  ORDER  DIRECTING  THAT  SUCH
 PERSON'S  RECORDS  BE  SEALED  MAY RESPOND TO ANY OFFICIAL OR UNOFFICIAL
 INQUIRY BY ANY PERSON OR AGENCY  CONCERNING  SUCH  PERSON'S  HISTORY  OF
 MENTAL ILLNESS AS THOUGH THE ADMISSION OR RECEIPT OF SERVICES DOCUMENTED
 IN THE SEALED RECORDS HAD NEVER OCCURRED.
   §  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law. Effective immediately, the addition, amendment and/or
 repeal of any rule or regulation necessary  for  the  implementation  of
 this  act  on its effective date are authorized to be made and completed
 on or before such effective date.