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Who cares
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Sponsors
No co-sponsors yet.
History
- Substituted by A11389
- Ordered to third reading cal.1272
- Committee discharged and committed to rules
- Print number 7863a
- Amend and recommit to investigations and government operations
- Referred to investigations and government operations
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Relates to the release of sealed court records
Vetoed · Sponsor N. Nick Perry
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
BILL NUMBER:S7863A
Title of bill
An act to amend the public officers law, in relation to the release of sealed court records
Purpose or general idea of bill
To establish the crime of intentionally releasing or otherwise disclos- ing the nature, substance or contents of a sealed court record.
Summary of provisions
Section 1 of the bill would create a new section 81 in the public offi- cers law which would establish the crime of intentionally releasing or otherwise disclosing the nature, substance or contents of a sealed court record.
Section 1, subsection 2 provides a definition for a "sealed court record. "
Section 2 of this bill would specify an immediate effective date.
Justification
Under limited circumstances, criminal and family court records may be sealed to protect the subject of the record from the significant and fundamental limitations, scrutiny and stigma that they might otherwise suffer as a result of a public record. Once a record is sealed, in the eyes of the law, the entire incident never occurred. In most respects, a sealing restores you to the status you occupied before being arrested or charged.
Sealed records must remain sealed unless a statute specifies an excep- tion or upon a written order issued by a court of competent jurisdiction lest we undermine the very purpose and policy we instituted when we granted the power to seal court records. In recent years, there have been instances in which public officials have released sealed criminal and family court records in an effort to justify action taken against the individual. This cannot be tolerated.
The sealing provision attaches to a record, not to a person. To be clear, even if the subject of the record is deceased, records that have been sealed by the court are to remain sealed. Violation of this law may result in a criminal conviction punishable by up to a year in jail.
Prior legislative history
New Bill.
Fiscal implications
None.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.