What's happening
This bill allows grand juries, via a magistrate’s subpoena, to access medical records of crime victims relevant to the crime.
Why it matters
Expands grand jury investigative powers. By permitting grand juries to access medical records of crime victims via a magistrate-subscribed subpoena, the bill strengthens grand jury ability to investigate and potentially indict in criminal cases, impacting how evidence is gathered before trial.
Reduces privacy protections for victims’ medical information. The amendment creates a clear exception to medical confidentiality for crime victims, meaning sensitive health details could be disclosed without the victim’s consent if deemed relevant to the crime, potentially affecting victim trust in seeking medical care after a crime.
Standardizes process and oversight. The requirement that a magistrate (rather than just any prosecutor or law enforcement) must subscribe the subpoena adds a layer of judicial oversight, aiming to balance investigative needs with some protection against unnecessary or overly broad medical record requests.
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Who cares
Medical providers
The bill would require disclosure of information directly pertaining to a crime against a patient when reasonably specified in a court-issued trial subpoena or a grand jury subpoena signed by a magistrate from the court that empaneled it.
Patients who are crime victims
Their medical information directly related to the crime could be disclosed under qualifying subpoenas without their written authorization.
Grand juries
The bill would allow them to obtain patient medical records without written patient authorization through subpoenas signed by a magistrate from the court that empaneled them.
Courts and magistrates
A magistrate’s signature on a grand jury subpoena would create an additional exception to the patient-authorization requirement for producing medical records.
Headline styles
Allow Grand Jury Medical Record Access
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Print number 7885a
- Amend and recommit to judiciary
- Referred to judiciary
- 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.
Let Grand Juries See Medical Records
In Assembly Committee · Judiciary · Sponsor Todd Kaminsky
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
7885--A
2019-2020 Regular Sessions
IN ASSEMBLY
May 28, 2019
Introduced by M. of A. STERN -- read once and referred to the Committee on Judiciary -- recommitted to the Committee on Judiciary in accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee
AN ACT to amend the civil practice law and rules, in relation to permitting grand jury inspection of medical records pursuant to subpoena duces tecum powers
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Paragraph 2 of subdivision (a) of rule 3122 of the civil practice law and rules, as added by chapter 307 of the laws of 2011, is amended to read as follows:
2. A medical provider served with a subpoena duces tecum, other than a trial subpoena issued by a court or a subpoena issued on behalf of a grand jury and subscribed by a magistrate from the court which empaneled said grand jury, requesting the production of a patient's medical records pursuant to this rule need not respond or object to the subpoena if the subpoena is not accompanied by a written authorization by the patient. Any subpoena served upon a medical provider requesting the medical records of a patient shall state in conspicuous bold-faced type that the records shall not be provided unless (i) the subpoena is accompanied by a written authorization by the patient, [or] (ii) the court has issued the subpoena or otherwise directed the production of the documents, or (iii) a magistrate from the court which empaneled a grand jury has subscribed the subpoena issued on behalf of the grand jury.
§ 2. Section 4504 of the civil practice law and rules is amended by adding a new subdivision (b-1) to read as follows:
(b-1) Crime committed against patient; generally. A physician, dentist, podiatrist, chiropractor, nurse, as well as the entities and organizations included in subdivision (a) of this section, shall be
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08333-07-0
A. 7885--A 2
required to disclose information regarding a patient who has been a victim of a crime and directly pertaining to such crime as reasonably specified in: (i) a trial subpoena issued by a court; or (ii) a subpoena issued on behalf of a grand jury and subscribed by a magistrate from the court which empaneled said grand jury.
§ 3. Severability clause. If any clause, sentence, paragraph, subdivision, section or part of this act shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, section or part thereof directly involved in the controversy in which such judgment shall have been rendered. It is hereby declared to be the intent of the legislature that this act would have been enacted even if such invalid provisions had not been included herein.
§ 4. This act shall take effect on the first of November next succeeding the date on which it shall have become a law.
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.