Senate Bill S2597

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2597
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             January 21, 2025
                                ___________
 
 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 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-
 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
 
              

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06653-01-5
 S. 2597                             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.
   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]  SPOUSE  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  tending  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:
   § 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.