What's happening
This bill restricts access to court records in Article 81 mental hygiene proceedings, allowing only specific parties access unless the court orders otherwise.
Why it matters
Protects sensitive personal information. By sharply restricting access to court records in Article 81 mental hygiene proceedings (typically involving guardianships for incapacitated adults), the bill aims to prevent unauthorized parties from viewing or copying highly private details about individuals’ health, finances, and personal circumstances.
Limits public oversight and transparency. The change removes the previous requirement for a judge to weigh public interest and make written findings before sealing records, instead making confidentiality the default unless the court orders otherwise. This could make it harder for the public or press to scrutinize guardianship proceedings for potential abuse or systemic issues.
Applies retroactively and practically. The bill extends new confidentiality rules to past, present, and future proceedings, but acknowledges that access limitations on older cases will depend on whether county clerks can readily identify relevant records. This recognizes administrative realities while still aiming for broad privacy.
Narrows rights for participants. The legislation removes the explicit right of allegedly incapacitated individuals to request that records be sealed (because sealing is now the default), but preserves their ability to ask that specific people or the public be excluded from the hearing itself, which still allows for some control over personal privacy during proceedings.
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Who cares
Headline styles
Limit Access to Court Records
Plain English, a few words. Used as the page title.
Sponsors
History
- Referred to codes
- Reported referred to codes
- 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.
Seal Mental Health Court Records
In Assembly Committee · Codes · Sponsor David Carlucci
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
6229
2019-2020 Regular Sessions
IN ASSEMBLY
March 4, 2019
Introduced by M. of A. THIELE -- read once and referred to the Committee on Judiciary
AN ACT to amend the mental hygiene law, in relation to disclosure of the records of court proceedings
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivisions (b) and (d) of section 81.14 of the mental hygiene law, as added by chapter 698 of the laws of 1992, are amended to read as follows:
(b) [The court shall not enter an order sealing the court records in a proceeding under this article, either in whole or in part, except upon a written finding of good cause, which shall specify the grounds thereof. In determining whether good cause has been shown, the court shall consider the interest of the public, the orderly and sound administration of justice, the nature of the proceedings, and the privacy of the person alleged to be incapacitated. Where it appears necessary or desirable, the court may prescribe appropriate notice and opportunity to be heard.] Court records in a proceeding under this article shall not be perused, examined, disclosed, taken or copied by any other person than a party, the attorney or counsel of a party, the guardian, the court evaluator or the court examiner except by order of the court. Court records shall include all documents and records of any nature filed with the clerk in connection with the proceeding. Documents obtained through disclosure and not filed with the clerk shall remain subject to protective orders under the civil practice law and rules.
(d) At the time of the commencement of the hearing, the court shall inform the allegedly incapacitated person of his or her right to request for good cause [that the court records be sealed and] that a person, persons, or the general public be excluded from the hearing.
§ 2. Applicability. The obligation of a county clerk to limit access to the records of proceedings occurring prior to the effective date of
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02734-01-9
A. 6229 2
this act shall only be limited to the extent that a county clerk can readily identify the records of proceedings to which this act applies. A court may also seal or limit access to the records of proceedings held prior to the effective date of this act, provided, however, that such action shall not abridge the court's authority to further restrict access for good cause shown pursuant to any other law, regulation or rule.
§ 3. This act shall take effect immediately and shall apply to any and all past, present and future proceedings held pursuant to article 81 of the mental hygiene law on and after the effective date of this act.
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.