Senate Bill S4679

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4679
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             February 11, 2025
                                ___________
 
 Introduced  by  Sen.  MURRAY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Children and Families
 
 AN ACT to amend the social services law, in relation to the unsealing of
   unfounded child abuse and  maltreatment  reports  in  certain  circum-
   stances

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subparagraphs (iv) and (v) of paragraph (a) of  subdivision
 5  of  section  422  of  the  social  services law, subparagraph (iv) as
 amended by chapter 555 of the laws  of  2000  and  subparagraph  (v)  as
 amended  by  chapter  256  of  the  laws  of 2014, are amended and a new
 subparagraph (vi) is added to read as follows:
   (iv) to the subject of the report; [and]
   (v) to a district attorney, an assistant district attorney, an  inves-
 tigator  employed  in  the  office of a district attorney, or to a sworn
 officer of the division of state police, of  a  city,  county,  town  or
 village  police department or of a county sheriff's office (A) when such
 official verifies that the report is  necessary  to  conduct  an  active
 investigation  or  prosecution  of  a  violation  of subdivision four of
 section 240.50 of the penal law[.] OR (B) UPON  A  COURT  ORDER  FINDING
 THAT  JUSTICE  REQUIRES THE INFORMATION IN SUCH REPORTS IS NECESSARY FOR
 THE PURPOSE OF PROSECUTING A VIOLATION OF THE PENAL LAW; AND
   (VI) TO A GRAND JURY, UPON A COURT ORDER FINDING THAT JUSTICE REQUIRES
 THE INFORMATION IN SUCH REPORTS IS NECESSARY FOR  THE  DETERMINATION  OF
 CHARGES BEING INVESTIGATED BY SUCH GRAND JURY.
   §  2.  Paragraph  (b)  of  subdivision  5 of section 422 of the social
 services law, as amended by section 7 of part D of chapter  501  of  the
 laws of 2012, is amended to read as follows:
   (b) Persons given access to unfounded reports pursuant to subparagraph
 (v)  of  paragraph  (a)  of  this  subdivision shall not redisclose such
 reports except as necessary to conduct such appropriate investigation or
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09064-01-5
              

 S. 4679                             2
 
 prosecution and shall request of the  court  that  any  copies  of  such
 reports produced in any court proceeding be redacted to remove the names
 of the subjects and other persons named in the reports or that the court
 issue  an  order  protecting the names of the subjects and other persons
 named in the reports from public disclosure. The local child  protective
 service  or state agency shall not indicate the subsequent report solely
 based upon the existence of  the  prior  unfounded  report  or  reports.
 Notwithstanding  section four hundred fifteen of this title, section one
 thousand forty-six of the family court act,  or,  except  as  set  forth
 herein,  any other provision of law to the contrary, an unfounded report
 shall not be admissible in any judicial or administrative proceeding  or
 action;  provided,  however,  an unfounded report may be introduced into
 evidence: (i) by the subject of the  report  where  such  subject  is  a
 respondent  in a proceeding under article ten of the family court act or
 is a plaintiff or petitioner in a civil action  or  proceeding  alleging
 the false reporting of child abuse or maltreatment; [or] (ii) in a crim-
 inal  court  for  the purpose of prosecuting a violation of [subdivision
 four of section 240.50 of] the penal law; OR (III) IN A  GRAND  JURY  OR
 OTHER  JUDICIAL  PROCEEDING FOR THE PURPOSE OF DETERMINING CHARGES BEING
 INVESTIGATED BY SUCH GRAND JURY. Legally sealed unfounded reports  shall
 be expunged ten years after the receipt of the report.
   §  3.  This  act shall take effect on the ninetieth day after it shall
 have become a law.