What's happening
This bill creates the crime of official misconduct for intentionally releasing sealed criminal records, making it a class A misdemeanor.
Why it matters
Strengthens privacy protections for individuals with sealed criminal records. , making it a crime for government officials or employees to intentionally share this sensitive information, which can help prevent discrimination or reputational harm.
Targets accountability for those in positions of trust. , meaning law enforcement, court personnel, and other specified agencies could face criminal penalties if they misuse their access to sealed records.
Establishes a deterrent effect. by making intentional release a class A misdemeanor, signaling that breaches of confidentiality regarding sealed records are serious and will be prosecuted, which may increase public confidence in the justice system’s commitment to second chances.
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Who cares
Headline styles
Punish Sealed Record Leaks
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to codes
- 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.
Ban Leaks of Sealed Records
In Senate Committee · Codes · Sponsor Brian Benjamin
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
S. 4673 A. 6779
2019-2020 Regular Sessions
SENATE - ASSEMBLY
March 20, 2019
IN SENATE -- Introduced by Sen. BENJAMIN -- read twice and ordered printed, and when printed to be committed to the Committee on Codes
IN ASSEMBLY -- Introduced by M. of A. RICHARDSON -- read once and referred to the Committee on Codes
AN ACT to amend the penal law, in relation to establishing the offense of official misconduct by release of a sealed record
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The penal law is amended by adding a new section 195.01 to read as follows: § 195.01 Official misconduct by release of a sealed record.
A person is guilty of official misconduct by release of a sealed record when, being a person defined in or employed by an agency defined in subparagraph (i), (ii), (iii), (iv), (v) or (vi) of paragraph (d) of subdivision one of section 160.50, 160.55, 160.58 or 160.59 of the criminal procedure law, he or she intentionally releases, disseminates, publishes or otherwise shares a record that has been sealed pursuant to section 160.50, 160.55, 160.58 or 160.59 of the criminal procedure law, except as provided for in such sections.
Official misconduct by release of a sealed record is a class A misdemeanor.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10573-01-9
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.