What's happening
This bill restricts access to court records in mental hygiene proceedings, allowing only involved parties and others by court order.
Why it matters
Shifts the standard for access. Instead of requiring a court finding of “good cause” to seal records, the bill makes records in these sensitive proceedings automatically confidential, accessible only to involved parties and others with court approval, putting privacy first.
Expands privacy protections. By broadly defining “court records” to include all related filings and documents, the law limits the risk of personal or medical information about incapacitated individuals being disclosed or made public.
Applies retroactively and prospectively. The new privacy restrictions will cover not only new cases but also past and ongoing proceedings, ensuring ongoing protection for those previously involved in guardianship and mental hygiene cases.
Limits, but doesn’t eliminate, court discretion. Courts retain the ability to grant access to records or further restrict access for good cause, preserving judicial flexibility while defaulting to privacy.
Albany, before your first meeting.
Every bill that moved yesterday, summarized in a sentence and ranked by impact. The Albany Scorecard follows on Sundays.
Free. Unsubscribe in one click. Want alerts on specific bills? Create an account.
Who cares
Headline styles
Seal Mental Health Court Records
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 38
1 Co-sponsor
History
- Referred to codes
- Delivered to assembly
- Passed senateVote 58–0
- Advanced to third reading
- 2nd report cal.
- 1st report cal.181
- Referred to mental health and developmental disabilities
- Returned to senate
- Died in assembly
- Referred to judiciary
- Delivered to assembly
- Passed senateVote 62–0
Show 4 earlier actions
- Advanced to third reading
- 2nd report cal.
- 1st report cal.511
- Referred to mental health and developmental disabilities
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.
Limit Access to Court Records
In Assembly Committee · Codes · Sponsor Fred Thiele
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4835
2019-2020 Regular Sessions
IN SENATE
March 27, 2019
Introduced by Sen. CARLUCCI -- read twice and ordered printed, and when printed to be committed to the Committee on Mental Health and Developmental Disabilities
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.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02734-01-9
S. 4835 2
§ 2. Applicability. The obligation of a county clerk to limit access to the records of proceedings occurring prior to the effective date of 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.
Sponsor's memo
Title of bill
An act to amend the mental hygiene law, in relation to disclosure of the records of court proceedings
Purpose
This legislation would limit access to the court records in Article 81 Guardianship proceedings.
Summary of provisions
Section 1. Amends subdivision (b) of Section 81.14 of the Mental Hygiene Law to provide that the court records in a proceeding under Article 81 Guardianship proceeding 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. Also subdivision (d) of Section 81.14 of the Mental Hygiene Law is amended to remove the requirement of the courts to inform the allegedly incapacitated person of his or her right to request that the court records be sealed at the time of the commencement of the hear- ing.
Read the full memo (859 words)
Section 2. Applicability. The obligation of a County Clerk to limit access to the records of proceedings occurring prior to the effective date of 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 limit access to the records of proceedings had prior to the effective date hereof in accordance with this act, which shall not abridge the court's authority to further restrict access for good cause shown pursuant to any other law or rule.
Section 3. Provides for an immediate effective date.
Justification
Currently, court records of Article 81 Guardianship proceedings are available for public inspection and contain significant amounts of personal information which may be used to gain access to and control of an incapacitated person's financial assets. With the ever-increasing risk and reports of identity theft, it is necessary to limit access to the very information used to perpetrate such crimes will go a long way to protecting those who are unable to protect themselves.
The rise of identity theft poses a serious threat to all of us. Some, however, are at greater risk and are unable to readily protect them- selves. Individuals who are disabled mentally and who are unable to manage their affairs are among the most vulnerable to this epidemic. These individuals are also often the subject of court proceedings insti- tuted for the purpose of appointing someone to manage their personal needs and property. It is the intent of this legislation to impose greater safeguards on personal information in these cases by limiting access to court records in Article 81 Guardianship proceedings.
Various statutes are already in place to prevent the disclosure of social security numbers. In addition, the Chief Administrative Judge of the New York State Courts has recently promulgated Uniform Rule Section 202.5(e)(2) which allows the Courts, on their own, to seal "confidential personal information" which includes social security numbers, dates of birth and account numbers, among others. The directive of Public Offi- cers Law Section 96-a which prohibits the County and Court Clerks from the intentional disclosure of social security numbers, places an onerous burden on those clerks to safeguard this information.
Under this legislation, access to the court records in an Article 81 proceeding would be in a manner similar to the records in matrimonial actions. In this case, the records would not be available to anyone other than a party, the attorney or counsel of a party, the guardian, the court evaluator or the court examiners except by order of the court. It also seals all records prior to and after the effective date of this amendment.
County Clerks will be the officials tasked with complying with this change in the law. Identification of records whose access is limited by this amendment can be a burden on those officials where past and present proceedings have not been separately identified as one held under Arti- cle 81. To ameliorate the burden that will be placed on County Clerks, their obligation to limit the access to these records should be limited only to the extent that a County Clerk can identify these records. In furtherance of the goals of this legislation to limit access to any and all proceedings past, present and future held under Article 81, a court may also limit access to the records of those proceedings in accordance with this act. Any such action by a court shall not abridge the court's general authority to further restrict access for good cause shown under any other law or rule.
This amendment to the Mental Hygiene Law will go a long way in protect- ing the most vulnerable of our populace and brings greater consistency in the treatment of such sensitive information. This proposal is supported by the New York State Association of County Clerks which has approved its inclusion in its 2019 Legislative Agenda.
Legislative history
2018: A.10122A/S.7720B
Fiscal implications
None.
Effective date
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.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.