What's happening
This bill creates the crime of official misconduct for anyone who intentionally releases sealed criminal records, making it a class A misdemeanor.
Why it matters
Strengthens privacy protections for individuals with sealed criminal records. by imposing criminal penalties on officials who unlawfully disclose this sensitive information, reducing risks of discrimination and reputational harm.
Holds government employees and agencies accountable. by creating a specific criminal offense for intentional release of sealed records, closing a gap where such conduct may not have clear consequences under existing law.
May deter misuse or mishandling of confidential information by public officials. , reinforcing trust in the legal process and the effectiveness of record-sealing as a tool for rehabilitation.
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Who cares
People whose criminal records are sealed
The bill would make intentionally sharing records sealed under the four specified Criminal Procedure Law sections a class A misdemeanor, except where those sections allow disclosure.
People and agency employees covered by the cited sealing provisions
They would face criminal liability for intentionally releasing, disseminating, publishing or otherwise sharing those sealed records outside the permitted exceptions.
Prosecutors
The bill would create a new official-misconduct offense for unauthorized intentional disclosure of the specified sealed records.
Headline styles
Ban Leaks of Sealed Records
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to codes
- Committed to rules
- Advanced to third reading
- 2nd report cal.
- 1st report cal.673
- 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.
Punish Sealed Record Leaks
In Assembly Committee · Codes · Sponsor Diana Richardson
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.
Sponsor's memo
Title of bill
An act to amend the penal law, in relation to estab- lishing the offense of official misconduct by release of a sealed record
Purpose
Establishes the offense of official misconduct by release of a sealed record
Summary of provisions
Creates a new § 195.01 of the penal law, entitled "Official misconduct by release of a sealed record," a class A misdemeanor.
Existing law
Currently, sealed records from law enforcement are meant to remain sealed in cases where it has been decided to protect the privacy of individuals who may have been involved in the criminal justice system, but there is no specific penalty for intentionally violating this deci- sion.
Justification
People who may have been involved with the criminal justice system make an application to the court to have the record of that involvement sealed. In making its determination about sealing, the court considers any number of relevant factors outlined in section 160.59 (7) of the penal law, including; any statements made by the victim of the subject offense, the impact of sealing upon the defendant's rehabilitation and re-integration into society and the impact of sealing the defendant's record on public safety. Criminal records can also be sealed where the defendant pleads guilty to a violation, which does not result in a crim- inal conviction, or where the case is terminated in favor of the defend- ant. Releasing such sealed information to any third party violates the privacy of the persons who have such a sealed record, and violates the purposes of sealed records.
Most records are stored electronically today, which would facilitate any investigation into who might have leaked these records, but even in cases where older records are stored on paper, law enforcement would still be able to perform a meaningful investigation.
Legislative history
New Bill
Fiscal implications
None
Local fiscal implications
None
Effective date
Immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.