What's happening
This bill prohibits public officials from releasing sealed juvenile police or court records without a court order.
Why it matters
Strengthens privacy protections for youth. By requiring a court order to release sealed juvenile records, the bill reinforces the confidentiality of minors' past interactions with law enforcement or the courts, helping to prevent long-term negative impacts on their future educational or employment opportunities.
Creates clear legal accountability. The bill explicitly makes it a crime for appointed or elected public officials or employees to unlawfully release sealed juvenile records, providing a direct deterrent and a legal consequence for violations.
Limits discretionary disclosure by officials. The law removes the ability for public officials to independently decide to unseal juvenile records, ensuring that only a judge can make that determination, which adds an additional layer of oversight and impartiality.
Addresses concerns about misuse or politicization. By prohibiting unauthorized release, the bill aims to prevent situations where sealed juvenile records could be leaked for political gain, retaliation, or other improper purposes, thereby protecting both the integrity of the justice system and the privacy of affected individuals.
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Who cares
Appointed and elected public officials
The bill would prohibit them from releasing sealed juvenile offender or other covered court records without court authorization and make knowing unauthorized release official misconduct.
Public employees who maintain sealed records
Employees responsible for these records would face an official misconduct provision for knowingly releasing them without a court order.
Juveniles with sealed records
The bill would protect their sealed records from unauthorized release by covered officials and employees.
Courts
A court order would be required to authorize covered officials and employees to release the sealed records.
Headline styles
Ban Release of Sealed Juvenile Records
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to children and families
- Referred to children and families
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
865
2025-2026 Regular Sessions
IN SENATE (Prefiled)
January 8, 2025
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. They are 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 they knowingly release 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.
LBD02124-01-5
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 the relevant provision of the Family Court Act by adding a new section to provide that, unless authorized by a court of competent jurisdiction, the release by a public official and/or an employee who is a caretaker of juvenile offender records, or 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 make such conduct punishable as a class A misdemeanor.
Justification
Under current law, juvenile offender records are sealed after adjudi- cation to protect the privacy of the entire proceeding. State laws specifically and directly restrict access to and disclosure of the information and the record. However, 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 employees 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 in N.Y.C. has demonstrated that in the absence of moral/ethical obligations, a law without proverbial "teeth" does not proscribe unlawful behavior. This bill, if enacted, would put "teeth" in the law by providing penalties appropriate for such misconduct by public officials and employees who dishonor their oath of office.
Prior legislative history
2019-20: Referred to Children and Families
2021-22: Referred to Children and Families
2023-24: Referred to Children and Families
Fiscal implications
None.
Effective date
This act shall take effect on the first of November next succeeding the date on which it becomes a law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.