Bill Text: NY S04835 | 2019-2020 | General Assembly | Introduced

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Bill Title: Provides that court records in a proceeding under articles 77, 78 and 81 of the mental hygiene law 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.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Engrossed - Dead) 2020-01-29 - referred to codes [S04835 Detail]

Download: New_York-2019-S04835-Introduced.html

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                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 Develop-
          mental 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  Assem-
        bly, do enact as follows:
     1    Section  1.  Subdivisions  (b)  and (d) of section 81.14 of the mental
     2  hygiene law, as added by chapter 698 of the laws of 1992, are amended to
     3  read as follows:
     4    (b) [The court shall not enter an order sealing the court records in a
     5  proceeding under this article, either in whole or in part, except upon a
     6  written finding of good cause, which shall specify the grounds  thereof.
     7  In  determining  whether  good  cause  has  been  shown, the court shall
     8  consider the interest of the public,  the  orderly  and  sound  adminis-
     9  tration  of  justice,  the nature of the proceedings, and the privacy of
    10  the person alleged to be incapacitated. Where it  appears  necessary  or
    11  desirable, the court may prescribe appropriate notice and opportunity to
    12  be heard.] Court records in a proceeding under this article shall not be
    13  perused, examined, disclosed, taken or copied by any other person than a
    14  party, the attorney or counsel of a party, the guardian, the court eval-
    15  uator  or the court examiner except by order of the court. Court records
    16  shall include all documents and records of any  nature  filed  with  the
    17  clerk  in  connection  with  the  proceeding. Documents obtained through
    18  disclosure and not filed with the clerk shall remain subject to  protec-
    19  tive orders under the civil practice law and rules.
    20    (d)  At  the  time of the commencement of the hearing, the court shall
    21  inform the allegedly incapacitated person of his or her right to request
    22  for good cause [that the court records be sealed  and]  that  a  person,
    23  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
     1    §  2. Applicability.  The obligation of a county clerk to limit access
     2  to the records of proceedings occurring prior to the effective  date  of
     3  this  act  shall  only  be limited to the extent that a county clerk can
     4  readily identify the records of proceedings to which this act applies. A
     5  court  may  also seal or limit access to the records of proceedings held
     6  prior to the effective date of this act, provided,  however,  that  such
     7  action  shall  not  abridge  the  court's  authority to further restrict
     8  access for good cause shown pursuant to any  other  law,  regulation  or
     9  rule.
    10    § 3. This act shall take effect immediately and shall apply to any and
    11  all  past, present and future proceedings held pursuant to article 81 of
    12  the mental hygiene law on and after the effective date of this act.