Assembly Bill A4337

2013-2014 Legislative Session

Relates to the unauthorized release of sealed records

download bill text pdf

Sponsored By

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

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2013-A4337 (ACTIVE) - Details

See Senate Version of this Bill:
S7867
Current Committee:
Senate Rules
Law Section:
Public Officers Law
Laws Affected:
Add ยง81, Pub Off L
Versions Introduced in Other Legislative Sessions:
2009-2010: A11389
2011-2012: A3087
2015-2016: A6428
2017-2018: A350
2019-2020: A34
2021-2022: A254
2023-2024: A6478

2013-A4337 (ACTIVE) - Summary

Relates to the unauthorized release of sealed records.

2013-A4337 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4337

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            February 4, 2013
                               ___________

Introduced by M. of A. PERRY, DenDEKKER -- read once and referred to the
  Committee on Codes

AN ACT to amend the public officers law, in relation to the unauthorized
  release of sealed records

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The public officers law is amended by adding a new  section
81 to read as follows:
  S  81.  UNAUTHORIZED RELEASE OF SEALED RECORDS. 1. ANY PUBLIC OFFICER,
OR  AN  EMPLOYEE  THEREOF,  WHO  INTENTIONALLY  RELEASES  OR   OTHERWISE
DISCLOSES  TO  AN  UNAUTHORIZED  PERSON  A  SEALED RECORD OR THE NATURE,
SUBSTANCE OR CONTENTS OF SUCH RECORD THAT HE OR SHE KNEW  OR  REASONABLY
SHOULD  HAVE KNOWN WAS A SEALED RECORD, UNLESS DISCLOSURE OF SUCH RECORD
OR THE NATURE, SUBSTANCE OR CONTENTS THEREOF IS REQUIRED BY  STATUTE  OR
UPON WRITTEN ORDER ISSUED BY A COURT OF COMPETENT JURISDICTION, SHALL BE
GUILTY OF A CLASS A MISDEMEANOR.
  2. NOTHING CONTAINED IN THIS SECTION SHALL:
  (A)  PROHIBIT  AN INDIVIDUAL WHO IS THE SUBJECT OF A SEALED RECORD OR,
IF SUCH PERSON IS DECEASED, THE PERSONAL REPRESENTATIVE OF  HIS  OR  HER
ESTATE,  FROM DISCLOSING TO ANOTHER THE NATURE, SUBSTANCE OR CONTENTS OF
HIS OR HER SEALED RECORD;
  (B) PROHIBIT A PUBLIC OFFICER, OR AN EMPLOYEE THEREOF, FROM  RELEASING
OR OTHERWISE DISCLOSING SUCH RECORD OR THE NATURE, SUBSTANCE OR CONTENTS
THEREOF PRIOR TO THE ISSUANCE OF THE ORDER SEALING SUCH RECORD;
  (C)  PROHIBIT  A  PUBLIC OFFICER, OR EMPLOYEE THEREOF, FROM DISCUSSING
EVENTS WITHIN SUCH OFFICER OR  EMPLOYEE'S  KNOWLEDGE  SO  LONG  AS  SUCH
DISCUSSION  DOES  NOT  CONFIRM  OR  DISCLOSE  THE  NATURE,  SUBSTANCE OR
CONTENTS OF A SEALED RECORD;
  (D) PROHIBIT A PUBLIC OFFICER, OR EMPLOYEE THEREOF, FROM RELEASING  OR
OTHERWISE  DISCLOSING  SUCH  RECORD OR THE NATURE, SUBSTANCE OR CONTENTS
THEREOF TO A PERSON IF HE OR SHE HAS REASON TO BELIEVE,  IN  GOOD  FAITH

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00096-01-3
              

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