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S2194Senate2019-2020 Session

Protect Sealed Juvenile Records

Official title

“Prohibits public officials from releasing sealed juvenile police records”

Sponsor Jamaal BaileySD-36Affects Health
Status
In Senate Committee
Children And Families
Impact
4/10
Low
Passage
0%

Bill progress

Step 2 of 7

In committee · Children And Families

What's happening

This bill prohibits public officials and employees from releasing sealed juvenile police or court records without a court order.

Why it matters

  1. Strengthens privacy protections for juveniles. by making it explicitly illegal for public officials or employees to release sealed juvenile police or court records without a court order, helping to prevent the long-term impact of past mistakes on young people's futures.

  2. Establishes clear legal consequences. for unauthorized release of confidential juvenile records, which could deter breaches and ensure greater accountability among those entrusted with sensitive information.

  3. Reduces risk of reputational harm and discrimination. for individuals with sealed juvenile records, promoting rehabilitation and supporting the principle that juvenile records are not intended to follow individuals into adulthood.

  4. Clarifies responsibilities for government employees and officials. , reducing ambiguity about what is permissible and potentially minimizing accidental or negligent disclosures of sealed records.

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Who cares

Headline styles

Protect Sealed Juvenile Records

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Jamaal Bailey

Senator · Senate District 36

Chair, Codes

No co-sponsors yet.

History

  1. Referred to children and families
  2. Referred to children and families

Full text

1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

2194

2019-2020 Regular Sessions

IN SENATE

January 23, 2019

Introduced by Sen. BAILEY -- read twice and ordered printed, and when printed to be committed to the Committee on Children and Families

AN ACT to amend the family court act and the penal law, in relation to prohibiting public officials from unsealing juvenile police records

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. The family court act is amended by adding a new section 381.4 to read as follows:

§ 381.4. Prohibition of public officials to unseal police records. Unless authorized by a court of competent jurisdiction, the release by an appointed or elected public official or an employee who is a caretaker of juvenile offender records or other court records that have been sealed pursuant to this article is prohibited.

§ 2. Section 195.00 of the penal law is amended by adding a new subdivision 3 to read as follows:

3. He or she is an appointed or elected public official or a public employee who is the caretaker of juvenile offender records or other court records that have been sealed pursuant to law, and he or she knowingly releases such sealed juvenile offender records or other court records without authorization by an order of a court of competent jurisdiction.

§ 3. This act shall take effect on the first of November next succeeding the date on which it shall have become a law.

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD05416-01-9

Reflowed for reading: line numbers and page breaks removed. Cite the official text.

Sponsor's memo

Title of bill

An act to amend the family court act and the penal law, in relation to prohibiting public officials from unsealing juvenile police records

Purpose or general idea of bill

To prevent the unsealing and release of information contained in juve- nile offender records by public officials and/or employees by making the offense punishable under the penal law.

Summary of specific provisions

This bill amends section 1 of the Family Court Act by adding ,a new section 381.4 to provide that, unless authorized by a court of competent jurisdiction, the release by a public official and/or an employee of juvenile offender records, and other court records that have been, and are sealed, shall be specifically prohibited by law.

Section 195.00 of the Penal Law is also amended to provide that, unless authorized by a court of competent jurisdiction, the release by an appointed or elected public official and/or a public employee of juve- nile offender records and other court records that have been, and are sealed pursuant to law, shall be an act of official misconduct.

Justification

Under current law, juvenile offender records, inclusive of the records and entire documents, are sealed after adjudication to protect the privacy of the entire proceeding. State laws specifically and directly restrict the access to and disclosure of the information and the record. But, while the law clearly makes the release of the record unlawful, there is no specific penalty attached for violation of the law. The people most likely to have access to these records, and therefore most likely to be the conduit for release and disclosure are public employ- ees, and appointed and elected officials. Because no specific penalty or consequence is prescribed by current law, the only real deterrent is moral or ethical obligation. Recent behavior by high ranking officials fn N.Y.C. has demonstrated that in the absence of moral/ethical obli- gations, the law without teeth does not always work. This bill, if enacted, would put teeth in the law by providing for penalties appropri- ate for such misconduct by public officials and employees who dishonor their oath of office.

Prior legislative history

2017-18: (S3347) Referred to Children and Families

Fiscal implications

No fiscal implications to the state.

Effective date

This act shall take effect on the first of November next succeeding the date on which it shall have become a law.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.