What's happening
This bill makes it a class B misdemeanor for public officers to intentionally disclose sealed records without authorization, with certain exceptions.
Why it matters
Creates clear criminal penalties for public officers. who intentionally disclose sealed records without proper authorization, potentially increasing accountability and deterring misuse of sensitive information.
Specifies exceptions to the rule,. such as allowing disclosure by the individual subject to the record, disclosures before a record is sealed, good faith mistakes, or when disclosure benefits the subject—helping prevent unintended punishment for reasonable actions.
Defines “sealed record” and “unauthorized person” precisely,. clarifying which records are protected and who is allowed access, which may reduce ambiguity and strengthen privacy protections for individuals with sealed records.
Limits the penalty to fines only (no jail time),. signaling the seriousness of the violation while aiming for proportional punishment that avoids incarceration for public officers acting outside the law.
Albany, before your first meeting.
Every bill that moved yesterday, summarized in a sentence and ranked by impact. The Albany Scorecard follows on Sundays.
Free. Unsubscribe in one click. Want alerts on specific bills? Create an account.
Who cares
Public officers and their employees
The bill would make intentional disclosure of records they knew or reasonably should have known were sealed to unauthorized people a class B misdemeanor, punishable by a fine of up to $1,000 and no imprisonment, subject to specified exceptions.
People whose records are sealed
The bill would penalize unauthorized disclosures of covered criminal and Family Court records while preserving their ability to disclose their own records’ contents.
Personal representatives of deceased individuals’ estates
The bill would allow them to disclose the nature, substance or contents of the deceased person’s sealed record.
Officials handling sealed-record inquiries
The bill would preserve good-faith disclosures to people reasonably believed entitled to receive records and good-faith responses disclosing a record’s nature or existence for its subject’s benefit.
Headline styles
Punish Leaks of Sealed Records
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Ordered to third reading cal.1
- Returned to assembly
- Died in senate
- Referred to rules
- Delivered to senate
- Passed assembly
- Amended on third reading 34a
- Advanced to third reading cal.211
- Reported
- Referred to codes
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.
Penalize Leaks of Sealed Records
In Senate Committee · Rules · Sponsor Brian Benjamin
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
34--A Cal. No. 211
2019-2020 Regular Sessions
IN ASSEMBLY (Prefiled)
January 9, 2019
Introduced by M. of A. PERRY, WRIGHT -- read once and referred to the Committee on Codes -- reported from committee, advanced to a third reading, amended and ordered reprinted, retaining its place on the order of third reading
AN ACT to amend the public officers law, in relation to the unauthorized release of sealed records
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The public officers law is amended by adding a new section 72-b to read as follows:
§ 72-b. Unauthorized release of sealed records. 1. Any public officer, or an employee thereof, who intentionally releases or otherwise discloses to an unauthorized person a sealed record or the nature, substance or contents of such record that he or she knew or reasonably should have known was a sealed record, unless disclosure of such record or the nature, substance or contents thereof is required by statute or upon written order issued by a court of competent jurisdiction, shall be guilty of a class B misdemeanor. Such class B misdemeanor shall be punishable by a fine of not more than one thousand dollars. No sentence of imprisonment shall be imposed.
2. Nothing contained in this section shall:
(a) prohibit an individual who is the subject of a sealed record or, if such person is deceased, the personal representative of his or her estate, from disclosing to another the nature, substance or contents of his or her sealed record;
(b) prohibit a public officer, or an employee thereof, from releasing or otherwise disclosing such record or the nature, substance or contents thereof prior to the issuance of the order sealing such record;
(c) prohibit a public officer, or employee thereof, from discussing events within such officer or employee's knowledge so long as such
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02518-02-9
A. 34--A 2
discussion does not confirm or disclose the nature, substance or contents of a sealed record;
(d) prohibit a public officer, or employee thereof, from releasing or otherwise disclosing such record or the nature, substance or contents thereof to a person if he or she has reason to believe, in good faith and with sufficient cause, that such person is entitled to receive such record or the nature, substance or contents thereof; or
(e) prohibit a public officer, or employee thereof, from disclosing the nature or existence of a sealed record in a good faith response to an inquiry when such disclosure is for the benefit of the subject of such sealed record.
3. For the purposes of this section:
(a) "sealed record" shall mean any record required to be sealed pursuant to section 160.50, 160.55, 160.58, 160.59, 720.15, or 725.15 of the criminal procedure law, or section 375.1 or 375.2 of the family court act;
(b) "unauthorized person" shall mean any person who is not entitled to receive or who has not been granted access to, a sealed record or the nature, substance or contents thereof, pursuant to statute or upon a written order issued by a court of competent jurisdiction.
§ 2. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.