What's happening
This bill makes it a class B misdemeanor, punishable by a fine, for public officers to intentionally release sealed records without authorization.
Why it matters
Strengthens privacy protections for individuals with sealed records. by making it a criminal offense for public officers to intentionally release or disclose such records without proper authorization, which can help prevent reputational harm and unwarranted consequences for those whose records are sealed.
Establishes clear exceptions. such as disclosures by the subject of the record, disclosures prior to sealing, good faith errors, and disclosures made for the benefit of the subject—helping both protect privacy and prevent over-penalization of honest mistakes or necessary communications.
Targets accountability among public officials. by creating a specific legal consequence (a fine up to $1,000, but no jail time) for intentional unauthorized disclosures, which may deter misuse of sensitive information and reinforce ethical standards in government.
Clarifies legal definitions and boundaries. around what constitutes a "sealed record" and who is an “unauthorized person,” providing clearer guidance to public officers and employees to help ensure compliance and reduce inadvertent violations.
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Who cares
Headline styles
Penalize Leaks of Sealed Records
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Committed to rules
- Advanced to third reading
- 2nd report cal.
- 1st report cal.409
- Referred to investigations and government operations
- Committed to rules
- Amended on third reading 5802a
- Advanced to third reading
- 2nd report cal.
- 1st report cal.971
- Referred to investigations and government operations
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 Leaks of Sealed Records
Assembly Floor Calendar · Sponsor N. Nick Perry
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
5802--A Cal. No. 971
2019-2020 Regular Sessions
IN SENATE
May 15, 2019
Introduced by Sen. BENJAMIN -- read twice and ordered printed, and when printed to be committed to the Committee on Investigations and Government Operations -- reported favorably from said committee, ordered to first and second report, ordered to a third reading, amended and ordered reprinted, retaining its place in the order of third reading
AN ACT to amend the public officers law, in relation to the unauthorized release of sealed records
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The public officers law is amended by adding a new section 72-b to read as follows:
§ 72-b. Unauthorized release of sealed records. 1. Any public officer, or an employee thereof, who intentionally releases or otherwise discloses to an unauthorized person a sealed record or the nature, substance or contents of such record that he or she knew or reasonably should have known was a sealed record, unless disclosure of such record or the nature, substance or contents thereof is required by statute or upon written order issued by a court of competent jurisdiction, shall be guilty of a class B misdemeanor. Such class B misdemeanor shall be punishable by a fine of not more than one thousand dollars. No sentence of imprisonment shall be imposed.
2. Nothing contained in this section shall:
(a) prohibit an individual who is the subject of a sealed record or, if such person is deceased, the personal representative of his or her estate, from disclosing to another the nature, substance or contents of his or her sealed record;
(b) prohibit a public officer, or an employee thereof, from releasing or otherwise disclosing such record or the nature, substance or contents thereof prior to the issuance of the order sealing such record;
(c) prohibit a public officer, or employee thereof, from discussing events within such officer or employee's knowledge so long as such
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02518-03-9
S. 5802--A 2
discussion does not confirm or disclose the nature, substance or contents of a sealed record;
(d) prohibit a public officer, or employee thereof, from releasing or otherwise disclosing such record or the nature, substance or contents thereof to a person if he or she has reason to believe, in good faith and with sufficient cause, that such person is entitled to receive such record or the nature, substance or contents thereof; or
(e) prohibit a public officer, or employee thereof, from disclosing the nature or existence of a sealed record in a good faith response to an inquiry when such disclosure is for the benefit of the subject of such sealed record.
3. For the purposes of this section:
(a) "sealed record" shall mean any record required to be sealed pursuant to section 160.50, 160.55, 160.58, 160.59, 720.15, or 725.15 of the criminal procedure law, or section 375.1 or 375.2 of the family court act;
(b) "unauthorized person" shall mean any person who is not entitled to receive or who has not been granted access to, a sealed record or the nature, substance or contents thereof, pursuant to statute or upon a written order issued by a court of competent jurisdiction.
§ 2. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the public officers law, in relation to the unauthorized release of sealed records
Purpose
To establish the crime of intentionally contents of a sealed record.
Summary of provisions
Section one of the bill adds § 72-b to the public officers law relating to the unauthorized release of sealed records. Subdivision 1 establishes that it shall be a class B misdemeanor, with a maximum fine of $1,000 and no term of imprisonment for any public officer or employee of a public officer to intentionally releases or discloses to an unauthorized person a sealed record or the contents of a sealed record that an indi- vidual knew or reasonable should have known were sealed unless required by law or by court order.
Subdivision 2 provides that the individual who is the subject of the sealed record, the representative of the estate of a deceased person who is the subject of a sealed record is not prohibited from revealing the contents of the individual's sealed record. This subdivision also speci- fies that the provisions of this section do not apply to a public offi- cer or employee thereof from releasing such records or their contents prior to the records being sealed, from discussing the events so long as it does not confirm or disclose the contents of a sealed record, from releasing a sealed record or disclosing their contents if the officer or employee if they believed in good faith and with sufficient cause that the person that received the sealed record or their contents were enti- tled to receive them, or from disclosing the nature or existence of a sealed record in a good faith response to an inquiry when the disclosure is for the benefit of the subject of the sealed record.
Subdivision 3 defines "sealed record" and "unauthorized person."
Section two of the bill provides the effective date
Justification
Under limited circumstances, criminal and family court records may be sealed to protect the subject of the record from the significant and fundamental limitations, scrutiny, and stigma that they might otherwise suffer as a result of a public record. Once a record is sealed, in the eyes of the law, the entire incident never occurred. In most respects, a sealing restores you to the status you occupied before being arrested or charged.
Sealed records must remain sealed unless a statute specifies an excep- tion or upon a written order issued by a court of competent jurisdiction lest we undermine the very purpose and policy we instituted when we granted the power to seal court records. In recent years, there have been instances in which public officials have released sealed criminal and family court records in an effort to justify action taken against the individual. This cannot be tolerated. The sealing provision attaches to a record, not to a person. To be clear, even if the subject of the record is deceased, records that have been sealed by the court are to remain sealed. Violation of this law may result in a criminal conviction punishable by up to a year in jail.
Legislative history
2018: A.350-A - Third Reading Calendar 2017: A.350-A - Referred to Codes 2016: A.6428 - Referred to Rules 2015: A.6428 - Referred to Codes 2014: A.4337/S.7867 - Passed Assembly / Rules 2013: A.4337 - Referred to Rules 2012: A.3087-A - Third Reading Calendar 2011: A.3087-A - Referred to Codes 2010: A.11389/5.7863-A - Vetoed, Memo 6787
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.