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S4792Senate2013-2014 SessionSame asA7114

Provides for the inspection of family court proceedings records when a defendant who is the subject of such records is charged with a sex offense

Sponsor John A. DeFranciscoSD-50+6 co-sponsorsAffects Legal
Status
In Assembly Committee
Codes
Impact
Pending
Passage
Pending

Bill progress

Step 5 of 7

In Assembly · Codes

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History

  1. Referred to codes
  2. Delivered to assembly
  3. Passed senateVote 55–4
  4. Advanced to third reading
  5. 2nd report cal.
  6. 1st report cal.80
  7. Referred to judiciary
  8. Returned to senate
  9. Died in assembly
  10. Referred to codes
  11. Delivered to assembly
  12. Passed senateVote 59–4
Show 4 earlier actions
  1. Advanced to third reading
  2. 2nd report cal.
  3. 1st report cal.763
  4. Referred to judiciary

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.

A7114Assembly

Provides for the inspection of family court proceedings records when a defendant who is the subject of such records is charged with a sex offense

In Assembly Committee · Codes · Sponsor Albert A. Stirpe

Full text

The text isn't available here yet. Check nysenate.gov.

Sponsor's memo

BILL NUMBER:S4792

Title of bill

An act to amend the family court act, in relation to the inspection of family court proceedings records when a defendant who is the subject of such records is charged with a sex offense

Purpose

This bill will allow the inspection of family court proceedings records when a defendant who is the subject of such records is charged with a sex offense.

Summary of provisions

Section 1 - Amends Section 166 of the family court act.

Section 2 - Effective date.

Justification

In March of 2013, a 29 year man required to wear an electronic monitoring device as a condition of his release from jail on child pornography charges, brought in federal Court, disabled the device, and traveled to a local mall in a Syracuse suburb, where he abducted a woman and ten year old child. He raped the ten-year old and then murdered the woman. During the investigation of this heinous crime it was discovered that the perpetrator had a sealed family Court record related to a previous sexual offense charge. Had those records been unsealed and reviewed at the time the child pornography charges were brought, this man may not have been granted the conditional release, and this tragic crime could have been prevented. By granting a Family Court officer the authority to review sealed records to determine if that record pertains to a sexual offense, and promptly provide them to a Court and/or prosecutor, future catastrophic events such as this could be prevented. However, the bill also continues to afford protections to juveniles for offenses which are not sexual offenses by requiring that those records continue to remain sealed, unless released after a hearing as current law allows.

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.