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Sponsors
1 Co-sponsor
History
- Referred to children and families
- Referred to children and families
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.
Prohibits public officials from releasing sealed juvenile police records
In Assembly Committee · Codes · Sponsor N. Nick Perry
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
BILL NUMBER:S3324
Title of bill
An act to amend the family court act and the penal law, in relation to prohibiting public officials from unsealing juvenile police records
Purpose or general idea of bill
To prevent the unsealing and release of information contained in juvenile offender records by public officials and/or employees by making the offense punishable under the penal law.
Summary of specific provisions
This bill amends section 1 of the Family Court Act by adding a new section 381.4 to provide that, unless authorized by a court of competent jurisdiction, the release by a public official and/o/ an employee of juvenile offender records, and other court records that have been, and are sealed, shall be specifically prohibited by law.
Section 195.00 of the Penal Law is also amended to provide that, unless authorized by a court of competent jurisdiction, the release by an appointed or elected public official and/or a public employee of juvenile offender records and other court records that have been, and are sealed pursuant to law, shall be an act of official misconduct.
Justification
Under current law, juvenile offender records, inclusive of the records and entire documents, are sealed after adjudication to protect the privacy of the entire proceeding. State laws specifically and directly restrict the access to and disclosure of the information and the record. But, while the law clearly makes the release of the record unlawful, there is no specific penalty attached for violation of the law. The people most likely to have access to these records, and therefore most likely to be the conduit for release and disclosure are public employees, and appointed and elected officials. Because no specific penalty or consequence is prescribed by current law, the only real deterrent is moral or ethical obligation. Recent behavior by high ranking officials in N.Y.C. has demonstrated that in the absence of moral/ethical obligations, the law without teeth does not always work. This bill, if enacted, would put teeth in the law by providing for penalties appropriate for such misconduct by public officials and employees who dishonor their oath of office.
Prior legislative history
2009-10: S.7143/A.3370 (Perry) Reported and Committed to Codes 2007-08: A.5060 2005-06: A.5017 2003-04: A.6714 2001-02: A.7080
Fiscal implications
No fiscal implications to the state.
Effective date
This act shall take effect on the first of November next succeeding the date on which it shall have become a law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.