Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 08, 2014 |
referred to codes |
May 01, 2013 |
referred to codes |
Assembly Bill A7114
2013-2014 Legislative Session
Sponsored By
STIRPE
Archive: Last Bill Status - In Assembly Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
co-Sponsors
William Magnarelli
2013-A7114 (ACTIVE) - Details
- See Senate Version of this Bill:
- S4792
- Current Committee:
- Assembly Codes
- Law Section:
- Family Court Act
- Laws Affected:
- Amd ยง166, Fam Ct Act
2013-A7114 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 7114 2013-2014 Regular Sessions I N A S S E M B L Y May 1, 2013 ___________ Introduced by M. of A. STIRPE -- read once and referred to the Committee on Codes 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: Section 1. Section 166 of the family court act is amended to read as follows: S 166. Privacy of records. 1. The records of any proceeding in the family court shall not be open to indiscriminate public inspection. However, the court in its discretion in any case may permit the inspection of any papers or records. Any duly authorized agency, associ- ation, society or institution to which a child is committed may cause an inspection of the record of investigation to be had and may in the discretion of the court obtain a copy of the whole or part of such record. 2. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION, IN ANY CRIMINAL PROCEEDING IN WHICH THE DEFENDANT IS CHARGED WITH A SEX OFFENSE, AS SUCH TERM IS DEFINED IN SUBDIVISION TWO OR THREE OF SECTION ONE HUNDRED SIXTY-EIGHT-A OF THE CORRECTION LAW, AND SUCH DEFENDANT IS THE SUBJECT OF RECORDS OF A PRIOR PROCEEDING IN THE FAMILY COURT WHICH ARE NOT OPEN TO PUBLIC INSPECTION, THE FAMILY COURT SHALL, UPON REQUEST BY THE PROSECUTOR IN SUCH CRIMINAL PROCEEDING OR THE COURT WITH JURIS- DICTION OVER SUCH CRIMINAL PROCEEDING, INSPECT THE RECORDS OF SUCH PRIOR FAMILY COURT PROCEEDING. IF THE FAMILY COURT FINDS, AFTER INSPECTION, THAT SUCH RECORDS SHOW A SEX OFFENSE WAS COMMITTED BY SUCH DEFENDANT, THEN THE COURT SHALL MAKE SUCH RECORDS AVAILABLE TO THE PROSECUTOR, COURT AND ATTORNEY FOR THE DEFENDANT IN SUCH CRIMINAL PROCEEDING. IF THE FAMILY COURT FINDS THAT NO SEX OFFENSE WAS COMMITTED BY SUCH DEFENDANT, THEN SUCH RECORDS SHALL REMAIN CLOSED TO PUBLIC INSPECTION. S 2. This act shall take effect immediately. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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