Bill Text: NY S09017 | 2023-2024 | 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: Bipartisan Bill

Status: (Engrossed) 2024-05-29 - referred to judiciary [S09017 Detail]

Download: New_York-2023-S09017-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          9017

                    IN SENATE

                                     April 10, 2024
                                       ___________

        Introduced  by  Sens. BROUK, WEIK -- read twice and ordered printed, and
          when printed to be committed to the Committee on Mental Health

        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.
    24    §  2. Applicability.  The obligation of a county clerk to limit access
    25  to the records of proceedings occurring prior to the effective  date  of
    26  this  act  shall  only  be limited to the extent that a county clerk can
    27  readily identify the records of proceedings to which this act applies. A
    28  court may also seal or limit access to the records of  proceedings  held

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14765-01-4
        S. 9017                             2

     1  prior  to  the  effective date of this act, provided, however, that such
     2  action shall not abridge  the  court's  authority  to  further  restrict
     3  access  for  good  cause  shown pursuant to any other law, regulation or
     4  rule.
     5    § 3. This act shall take effect immediately and shall apply to any and
     6  all  past, present and future proceedings held pursuant to article 81 of
     7  the mental hygiene law on and after the effective date of this act.