Bill Text: NY A10188 | 2023-2024 | General Assembly | Introduced

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Bill Title: Establishes standards for public access to family court proceedings and when a judge can exclude individuals from proceedings.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-05-10 - referred to judiciary [A10188 Detail]

Download: New_York-2023-A10188-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          10188

                   IN ASSEMBLY

                                      May 10, 2024
                                       ___________

        Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Walker) --
          read once and referred to the Committee on Judiciary

        AN ACT to amend the family court act, in relation to establishing stand-
          ards for public access to family court

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  The  family  court act is amended by adding a new section
     2  161-a to read as follows:
     3    § 161-a. Access to family court proceedings. 1. The family court shall
     4  be open to the public. Members of the public, including the news  media,
     5  shall  have  access to all courtrooms, lobbies, public waiting areas and
     6  other common areas of the family court  otherwise  open  to  individuals
     7  with business before the court.
     8    2. The general public or any person shall be excluded from a courtroom
     9  only  if  the court determines, on a case-by-case basis that such exclu-
    10  sion is warranted. In exercising this discretion, the court may  consid-
    11  er, among other factors, the following:
    12    (a)  whether such person is causing or likely to cause a disruption in
    13  the proceedings;
    14    (b) whether such person's presence  is  objected  to  by  one  of  the
    15  parties or the attorney for the child;
    16    (c)  the  orderly  and  sound administration of justice, including the
    17  nature of such proceeding, the privacy interests of  individuals  before
    18  the  court,  and  the  need  for protection of litigants, in particular,
    19  children, from harm; and
    20    (d) whether less restrictive alternatives to exclusion are unavailable
    21  or inappropriate for the circumstances of the particular case.
    22    3. Where a court exercises its discretion in excluding any person, the
    23  general public, or news media from a proceeding or a part of a  proceed-
    24  ing  in  family  court,  it  shall make a finding on the record prior to
    25  ordering such exclusion.
    26    4. When necessary to preserve the decorum  of  such  proceedings,  the
    27  court  shall  instruct  representatives  of  the  news  media and others
    28  regarding permissible use of such courtroom and other facilities of such

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14091-05-4
        A. 10188                            2

     1  court, the assignment of seats to representatives of such news media  on
     2  an equitable basis, and any other matters that may affect the conduct of
     3  such proceedings and the well-being and safety of the parties before the
     4  court.
     5    5. Nothing in this section shall limit the responsibility and authori-
     6  ty of the chief administrator of the courts, or the administrative judg-
     7  es with the approval of the chief administrator of the courts, to ensure
     8  the  prevention of the release of sensitive information by any person or
     9  entity, including the press,  concerning  persons,  including  a  child,
    10  having business before the court.
    11    § 2. Section 341.1 of the family court act, as added by chapter 920 of
    12  the laws of 1982, is amended to read as follows:
    13    §  341.1.  Exclusion  of  general  public.  The  general public may be
    14  excluded from any proceeding under  this  article,  in  compliance  with
    15  section  one  hundred sixty-one-a of this act, and only such persons and
    16  the representatives of authorized agencies as have a direct interest  in
    17  the case shall be admitted thereto.
    18    §  3.  Subdivision  (a)  of  section  433  of the family court act, as
    19  amended by chapter 809 of the laws  of  1985,  is  amended  to  read  as
    20  follows:
    21    [(a)] Hearing. (a) Upon the return of the summons or when a respondent
    22  is  brought  before  the  court  pursuant  to a warrant, the court shall
    23  proceed to hear and determine the case. The respondent shall be informed
    24  of the contents of the petition, advised of [his] their right  to  coun-
    25  sel,  and  shall  be  given  opportunity  to  be  heard  and  to present
    26  witnesses. The court may exclude the public from the  court  room  in  a
    27  proper  case, in compliance with section one hundred sixty-one-a of this
    28  act.
    29    § 4. Section 531 of the family court act, as amended by chapter 665 of
    30  the laws of 1976, is amended to read as follows:
    31    § 531. Hearing. The trial shall be by the court without  a  jury.  The
    32  mother  or  the  alleged  father  shall  be competent to testify but the
    33  respondent shall not be compelled to testify. If the mother  is  married
    34  both  she  and  her  husband may testify to nonaccess. If the respondent
    35  shall offer testimony of access by others at or about the  time  charged
    36  in the complaint, such testimony shall not be competent or admissible in
    37  evidence except when corroborated by other facts and circumstances tend-
    38  ing  to prove such access. The court may exclude the general public from
    39  the room where the proceedings are heard  and  may  admit  only  persons
    40  directly  interested  in  the  case, including officers of the court and
    41  witnesses.   Exclusion of the public  pursuant  to  this  section  shall
    42  comply with section one hundred sixty-one-a of this act.
    43    § 5. Subdivision (b) of section 741 of the family court act is amended
    44  to read as follows:
    45    (b)  The  general  public  may be excluded from any hearing under this
    46  article, in compliance with section one hundred sixty-one-a of this act,
    47  and only such persons and the  representatives  of  authorized  agencies
    48  admitted thereto as have a direct interest in the case.
    49    §  6.  Section 1043 of the family court act, as amended by chapter 682
    50  of the laws of 1975, is amended to read as follows:
    51    § 1043. Hearings not open to the public. The  general  public  may  be
    52  excluded from any hearing under this article, in compliance with section
    53  one  hundred  sixty-one-a  of  this  act,  and only such persons and the
    54  representatives of authorized  agencies  admitted  thereto  as  have  an
    55  interest in the case.
    56    § 7. This act shall take effect immediately.