Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 06, 2016 |
referred to children and families |
Apr 28, 2015 |
referred to children and families |
Senate Bill S5020
2015-2016 Legislative Session
Sponsored By
(D) 22nd Senate District
Archive: Last Bill Status - In Senate Committee Children And Families 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
2015-S5020 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A7049
- Current Committee:
- Senate Children And Families
- Law Section:
- Family Court Act
- Laws Affected:
- Amd §§783 & 784, Fam Ct Act
- Versions Introduced in 2013-2014 Legislative Session:
-
S6814, A9916
2015-S5020 (ACTIVE) - Sponsor Memo
BILL NUMBER:S5020 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), it incorporated applicable provisions of the Criminal Procedure Law deemed essential for due process and fairness. However, a similar process was not undertaken 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). One of the most glaring omissions is the provision regarding confidentiality of records. Article 3, modeled after Criminal Procedure Law § 160.50, has afforded youth accused of juvenile delinquency, like adults accused of crimes, far more protections than those afforded youth who are the subjects of PINS proceedings. Professor Merril Sobie has noted this disparity in his Practice Commentaries to Family Court Act § 751:
2015-S5020 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 5020 2015-2016 Regular Sessions I N S E N A T E April 28, 2015 ___________ 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, PROSECUTION AND COURT PROCEEDINGS AND RECORDS OF THE PROBATION SERVICE AND DESIGNATED LEAD AGENCY, INCLUDING ALL DUPLICATES 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 AGENCY. 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. LBD09778-01-5
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