Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jun 20, 2014 |
committed to rules |
Jun 12, 2014 |
amended on third reading 6814a |
Jun 02, 2014 |
advanced to third reading |
May 29, 2014 |
2nd report cal. |
May 28, 2014 |
1st report cal.1002 |
Mar 12, 2014 |
referred to children and families |
Senate Bill S6814A
2013-2014 Legislative Session
Sponsored By
(D) 22nd Senate District
Archive: Last Bill Status - In Senate Committee Rules 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
Votes
Bill Amendments
2013-S6814 - Details
- See Assembly Version of this Bill:
- A9916
- Current Committee:
- Senate Rules
- Law Section:
- Family Court Act
- Laws Affected:
- Amd §§783 & 784, Fam Ct Act
- Versions Introduced in 2015-2016 Legislative Session:
-
S5020, A7049
2013-S6814 - Sponsor Memo
BILL NUMBER:S6814 TITLE OF BILL: An act to amend the family court act, in relation to sealing and expungement of records in persons in need of supervision cases in the family court This is one in a series of measures being introduced at the request of the Chief Administrative Judge upon the recommendation of her Family Court Advisory and Rules Committee. When Article 3 of the Family Court Act, the juvenile delinquency procedure statute, was enacted over three decades ago (L. 1982, c. 920), applicable provisions of the Criminal Procedure Law (CPL) deemed essential for due process and fairness were incorporated into its text. However, similar provisions were not introduced in the remaining provisions of Article 7 of the Family Court Act, which from that point onward applied only to Persons in Need of Supervision (PINS) cases. One of the most glaring omissions is the provision regarding confidentiality of records. Article 3, modeled after CPL 160.50, has afforded youth who are accused of juvenile delinquency, like adults accused of crimes, far more protections than those who are the subjects of PINS proceedings. Professor Merril Sobie noted this disparity in his Practice Commentaries to Family Court Act § 751:
2013-S6814 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 6814 I N S E N A T E March 12, 2014 ___________ Introduced by Sen. FELDER -- (at request of the Office of Court Adminis- tration) -- read twice and ordered printed, and when printed to be committed to the Committee on Children and Families AN ACT to amend the family court act, in relation to sealing and expungement of records in persons in need of supervision cases in the family court THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 783 of the family court act is amended to read as follows: S 783. Use of [record] RECORDS in other court; SEALING AND EXPUNGEMENT OF RECORDS. (A) Neither the fact that a person was before the family court under this article for a hearing nor any confession, admission or statement made by him OR HER to the court or to any officer thereof in any stage of the proceeding is admissible as evidence against him or HER OR his OR HER interests in any other court. [Another court, in imposing sentence upon an adult after conviction, may receive and consider the records and information on file with the family court concerning such person when he was a child.] (B) FOR PURPOSES OF THIS SECTION, "SEALING" SHALL MEAN THAT ALL OFFI- CIAL RECORDS AND PAPERS, INCLUDING JUDGMENTS AND ORDERS OF THE COURT, BUT NOT INCLUDING PUBLIC COURT DECISIONS OR OPINIONS OR RECORDS AND BRIEFS ON APPEAL, RELATING TO THE ARREST, THE PROSECUTION AND RECORDS OF THE PROBATION SERVICE AND DESIGNATED LEAD AGENCY, INCLUDING ALL DUPLI- CATES OR COPIES THEREOF, ON FILE WITH THE COURT, POLICE DEPARTMENT OR LAW ENFORCEMENT AGENCY, PROBATION SERVICE, DESIGNATED LEAD AGENCY AND PRESENTMENT AGENCY, IF ANY, SHALL BE PROTECTED FROM PUBLIC INSPECTION AND SHALL NOT BE MADE AVAILABLE TO ANY PERSON OR PUBLIC OR PRIVATE AGEN- CY. SUCH RECORDS SHALL ONLY BE MADE AVAILABLE TO THE RESPONDENT OR HIS OR HER DESIGNATED AGENT. (C) AUTOMATIC SEALING OF A PROCEEDING UNDER THIS ARTICLE THAT IS TERMINATED IN FAVOR OF THE RESPONDENT. (I) UPON TERMINATION OF A PROCEEDING UNDER THIS ARTICLE IN FAVOR OF THE RESPONDENT, THE CLERK OF THE COURT SHALL IMMEDIATELY NOTIFY THE DIRECTORS OF THE APPROPRIATE EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
2013-S6814A (ACTIVE) - Details
- See Assembly Version of this Bill:
- A9916
- Current Committee:
- Senate Rules
- Law Section:
- Family Court Act
- Laws Affected:
- Amd §§783 & 784, Fam Ct Act
- Versions Introduced in 2015-2016 Legislative Session:
-
S5020, A7049
2013-S6814A (ACTIVE) - Sponsor Memo
BILL NUMBER:S6814A TITLE OF BILL: An act to amend the family court act, in relation to sealing and expungement of records in persons in need of supervision cases in the family court This is one in a series of measures being introduced at the request of the Chief Administrative Judge upon the recommendation of her Family Court Advisory and Rules Committee. When Article 3 of the Family Court Act, the juvenile delinquency procedure statute, was enacted over three decades ago (L. 1982, c. 920), applicable provisions of the Criminal Procedure Law (CPL) deemed essential for due process and fairness were incorporated into its text. However, similar provisions were not introduced in the remaining provisions of Article 7 of the Family Court Act, which from that point onward applied only to Persons in Need of Supervision (PINS) cases. One of the most glaring omissions is the provision regarding confidentiality of records. Article 3, modeled after CPL 160.50, has afforded youth who are accused of juvenile delinquency, like adults accused of crimes, far more protections than those who are the subjects of PINS proceedings. Professor Merril Sobie noted this disparity in his Practice Commentaries to Family Court Act § 751:
2013-S6814A (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 6814--A Cal. No. 1002 I N S E N A T E March 12, 2014 ___________ Introduced by Sen. FELDER -- (at request of the Office of Court Adminis- tration) -- read twice and ordered printed, and when printed to be committed to the Committee on Children and Families -- reported favor- ably from said committee, ordered to first and second report, ordered to a third reading, amended and ordered reprinted, retaining its place in the order of third reading AN ACT to amend the family court act, in relation to sealing and expungement of records in persons in need of supervision cases in the family court THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 783 of the family court act is amended to read as follows: S 783. Use of [record] RECORDS in other court; SEALING AND EXPUNGEMENT OF RECORDS. (A) Neither the fact that a person was before the family court under this article for a hearing nor any confession, admission or statement made by him OR HER to the court or to any officer thereof in any stage of the proceeding is admissible as evidence against him or HER OR his OR HER interests in any other court. [Another court, in imposing sentence upon an adult after conviction, may receive and consider the records and information on file with the family court concerning such person when he was a child.] (B) FOR PURPOSES OF THIS SECTION, "SEALING" SHALL MEAN THAT ALL OFFI- CIAL RECORDS AND PAPERS, INCLUDING JUDGMENTS AND ORDERS OF THE COURT, BUT NOT INCLUDING PUBLIC COURT DECISIONS OR OPINIONS OR RECORDS AND BRIEFS ON APPEAL, RELATING TO THE ARREST, THE PROSECUTION AND RECORDS OF THE PROBATION SERVICE AND DESIGNATED LEAD AGENCY, INCLUDING ALL DUPLI- CATES OR COPIES THEREOF, ON FILE WITH THE COURT, POLICE DEPARTMENT AND LAW ENFORCEMENT AGENCY, PROBATION SERVICE, DESIGNATED LEAD AGENCY AND PRESENTMENT AGENCY, IF ANY, SHALL BE PROTECTED FROM PUBLIC INSPECTION AND SHALL NOT BE MADE AVAILABLE TO ANY PERSON OR PUBLIC OR PRIVATE AGEN- CY. SUCH RECORDS SHALL ONLY BE MADE AVAILABLE TO THE RESPONDENT OR HIS OR HER DESIGNATED AGENT. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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