Bill Text: NY S04792 | 2013-2014 | General Assembly | Introduced

New York Senate Bill 4792 (Prior Session Legislation)

Introduced

Bill Title: Provides for the inspection of family court proceedings records when a defendant who is the subject of such record is charged with a sex offense.

Spectrum: Moderate Partisan Bill (Republican 6-1)

Status: (Engrossed - Dead) 2014-06-18 - referred to codes [S04792 Detail]

Download: New_York-2013-S04792-Introduced.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4792
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                    April 24, 2013
                                      ___________
       Introduced  by  Sen.  DeFRANCISCO -- read twice and ordered printed, and
         when printed to be committed to the Committee on Judiciary
       AN ACT to amend the family court act, in relation to the  inspection  of
         family  court  proceedings records when a defendant who is the subject
         of such records is charged with a sex offense
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Section 166 of the family court act is amended to read as
    2  follows:
    3    S 166. Privacy of records. 1. The records of  any  proceeding  in  the
    4  family  court  shall  not  be  open to indiscriminate public inspection.
    5  However, the court  in  its  discretion  in  any  case  may  permit  the
    6  inspection of any papers or records. Any duly authorized agency, associ-
    7  ation, society or institution to which a child is committed may cause an
    8  inspection  of  the  record  of  investigation  to be had and may in the
    9  discretion of the court obtain a copy of  the  whole  or  part  of  such
   10  record.
   11    2.  NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION,
   12  IN ANY CRIMINAL PROCEEDING IN WHICH THE DEFENDANT IS CHARGED WITH A  SEX
   13  OFFENSE,  AS SUCH TERM IS DEFINED IN SUBDIVISION TWO OR THREE OF SECTION
   14  ONE HUNDRED SIXTY-EIGHT-A OF THE CORRECTION LAW, AND SUCH  DEFENDANT  IS
   15  THE  SUBJECT  OF RECORDS OF A PRIOR PROCEEDING IN THE FAMILY COURT WHICH
   16  ARE NOT OPEN TO PUBLIC INSPECTION, THE FAMILY COURT SHALL, UPON  REQUEST
   17  BY  THE  PROSECUTOR IN SUCH CRIMINAL PROCEEDING OR THE COURT WITH JURIS-
   18  DICTION OVER SUCH CRIMINAL PROCEEDING, INSPECT THE RECORDS OF SUCH PRIOR
   19  FAMILY COURT PROCEEDING. IF THE FAMILY COURT  FINDS,  AFTER  INSPECTION,
   20  THAT  SUCH  RECORDS  SHOW A SEX OFFENSE WAS COMMITTED BY SUCH DEFENDANT,
   21  THEN THE COURT SHALL MAKE SUCH  RECORDS  AVAILABLE  TO  THE  PROSECUTOR,
   22  COURT AND ATTORNEY FOR THE DEFENDANT IN SUCH CRIMINAL PROCEEDING. IF THE
   23  FAMILY  COURT FINDS THAT NO SEX OFFENSE WAS COMMITTED BY SUCH DEFENDANT,
   24  THEN SUCH RECORDS SHALL REMAIN CLOSED TO PUBLIC INSPECTION.
   25    S 2. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD10528-01-3