Bill Text: NY S08091 | 2021-2022 | General Assembly | Introduced

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Bill Title: Relates to the unauthorized release of sealed records.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2022-01-25 - REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS [S08091 Detail]

Download: New_York-2021-S08091-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          8091

                    IN SENATE

                                    January 25, 2022
                                       ___________

        Introduced  by  Sen.  CLEARE -- read twice and ordered printed, and when
          printed to be committed to the Committee on Investigations and Govern-
          ment Operations

        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  Assem-
        bly, do enact as follows:

     1    Section  1. The public officers law is amended by adding a new section
     2  72-b to read as follows:
     3    § 72-b. Unauthorized release of sealed records. 1. Any public officer,
     4  or  an  employee  thereof,  who  intentionally  releases  or   otherwise
     5  discloses  to  an  unauthorized  person  a  sealed record or the nature,
     6  substance or contents of such record that he or she knew  or  reasonably
     7  should  have known was a sealed record, unless disclosure of such record
     8  or the nature, substance or contents thereof is required by  statute  or
     9  upon written order issued by a court of competent jurisdiction, shall be
    10  guilty  of  a  class  B  misdemeanor.  Such class B misdemeanor shall be
    11  punishable by a fine of not more than one thousand dollars. No  sentence
    12  of imprisonment shall be imposed.
    13    2. Nothing contained in this section shall:
    14    (a)  prohibit  an individual who is the subject of a sealed record or,
    15  if such person is deceased, the personal representative of  his  or  her
    16  estate,  from disclosing to another the nature, substance or contents of
    17  his or her sealed record;
    18    (b) prohibit a public officer, or an employee thereof, from  releasing
    19  or otherwise disclosing such record or the nature, substance or contents
    20  thereof prior to the issuance of the order sealing such record;
    21    (c)  prohibit  a  public officer, or employee thereof, from discussing
    22  events within such officer or  employee's  knowledge  so  long  as  such
    23  discussion  does  not  confirm  or  disclose  the  nature,  substance or
    24  contents of a sealed record;
    25    (d) prohibit a public officer, or employee thereof, from releasing  or
    26  otherwise  disclosing  such  record or the nature, substance or contents
    27  thereof to a person if he or she has reason to believe,  in  good  faith

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04255-01-1
        S. 8091                             2

     1  and  with sufficient cause, that such person is entitled to receive such
     2  record or the nature, substance or contents thereof; or
     3    (e)  prohibit  a  public officer, or employee thereof, from disclosing
     4  the nature or existence of a sealed record in a good faith  response  to
     5  an  inquiry  when  such  disclosure is for the benefit of the subject of
     6  such sealed record.
     7    3. For the purposes of this section:
     8    (a) "sealed record" shall mean any record required to be sealed pursu-
     9  ant to section 160.50, 160.55, 160.58, 160.59, 720.15, or 725.15 of  the
    10  criminal  procedure  law,  or section 375.1 or 375.2 of the family court
    11  act;
    12    (b) "unauthorized person" shall mean any person who is not entitled to
    13  receive or who has not been granted access to, a sealed  record  or  the
    14  nature,  substance  or  contents  thereof, pursuant to statute or upon a
    15  written order issued by a court of competent jurisdiction.
    16    § 2. This act shall take effect immediately.