Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jun 20, 2018 |
committed to rules |
Apr 24, 2018 |
advanced to third reading |
Apr 23, 2018 |
2nd report cal. |
Apr 18, 2018 |
1st report cal.837 |
Apr 09, 2018 |
print number 7720b |
Apr 09, 2018 |
amend and recommit to mental health and developmental disabilities |
Mar 14, 2018 |
print number 7720a |
Mar 14, 2018 |
amend (t) and recommit to mental health and developmental disabilities |
Feb 12, 2018 |
referred to mental health and developmental disabilities |
Senate Bill S7720B
2017-2018 Legislative Session
Sponsored By
(R, C, IP) 62nd 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
2017-S7720 - Details
2017-S7720 - Summary
Provides that court records in a proceeding under articles 77, 78 and 81 of the mental hygiene law shall not be perused, examined, disclosed, taken or copied by any other person than a party, the attorney or counsel of a party, the guardian, the court evaluator or the court examiner except by order of the court.
2017-S7720 - Sponsor Memo
BILL NUMBER: S7720 SPONSOR: ORTT TITLE OF BILL: An act to amend the mental hygiene law, in relation to restricting access to records of proceedings for appointment of a guard- ian for personal needs or property management PURPOSE OR GENERAL IDEA OF BILL: To limit who information can be provided to under guardian appointments under Article 81 of the Mental Hygiene Law. SUMMARY OF PROVISIONS: Section 1 amends Section 81.14 of the mental health law to state that a court shall now allow for the disclosure of court record to anyone other than a party, a party's counsel, appointed guardians, the court evalu- ators, court examiners or others unless good cause is shown. Section 2 is the effective date.
2017-S7720 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 7720 I N S E N A T E February 12, 2018 ___________ Introduced by Sen. ORTT -- read twice and ordered printed, and when printed to be committed to the Committee on Mental Health and Develop- mental Disabilities AN ACT to amend the mental hygiene law, in relation to restricting access to records of proceedings for appointment of a guardian for personal needs or property management THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 81.14 of the mental hygiene law is amended by adding a new subdivision (e) to read as follows: (E) THE COURT SHALL NOT ALLOW FOR THE DISCLOSURE OF COURT RECORDS TO ANYONE OTHER THAN A PARTY, A PARTY'S COUNSEL, THE DULY APPOINTED GUARDI- ANS, THE COURT EVALUATORS AND THE COURT EXAMINERS EXCEPT UPON WRITTEN FINDINGS OF GOOD CAUSE SHOWN. IN DETERMINING WHETHER GOOD CAUSE HAS BEEN SHOWN, THE COURT SHALL CONSIDER THE INTEREST OF THE PUBLIC, THE ORDERLY AND SOUND ADMINISTRATION OF JUSTICE, THE NATURE OF THE PROCEEDINGS AND THE PRIVACY OF THE PERSON ALLEGED TO BE INCAPACITATED. § 2. This act shall take effect immediately and shall apply to all court records regardless of when filed. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD14660-01-8
co-Sponsors
(R) Senate District
2017-S7720A - Details
2017-S7720A - Summary
Provides that court records in a proceeding under articles 77, 78 and 81 of the mental hygiene law shall not be perused, examined, disclosed, taken or copied by any other person than a party, the attorney or counsel of a party, the guardian, the court evaluator or the court examiner except by order of the court.
2017-S7720A - Sponsor Memo
BILL NUMBER: S7720A SPONSOR: ORTT TITLE OF BILL: An act to amend the mental hygiene law, in relation to disclosure of the records of court proceedings PURPOSE: This legislation would limit access to the court records in Article 81 Guardianship proceedings. SUMMARY OF PROVISIONS: Section 1. Amends subdivision (b) of Section 81.14 of the Mental Hygiene Law to provide that the court records in a proceeding under Article 81 Guardianship proceeding shall not be perused, examined, disclosed, taken or copied by any other person than a party, the attorney or counsel of a party, the guardian, the court evaluator or the court examiner except by order of the court. Section 2. Applicability. The obligation of a County Clerk to limit
2017-S7720A - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 7720--A I N S E N A T E February 12, 2018 ___________ Introduced by Sens. ORTT, LAVALLE -- read twice and ordered printed, and when printed to be committed to the Committee on Mental Health and Developmental Disabilities -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the mental hygiene law, in relation to disclosure of the records of court proceedings THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision (b) of section 81.14 of the mental hygiene law, as added by chapter 698 of the laws of 1992, is amended to read as follows: (b) [The court shall not enter an order sealing the court records in a proceeding under this article, either in whole or in part, except upon a written finding of good cause, which shall specify the grounds thereof. In determining whether good cause has been shown, the court shall consider the interest of the public, the orderly and sound adminis- tration of justice, the nature of the proceedings, and the privacy of the person alleged to be incapacitated. Where it appears necessary or desirable, the court may prescribe appropriate notice and opportunity to be heard.] COURT RECORDS IN A PROCEEDING UNDER THIS ARTICLE SHALL NOT BE PERUSED, EXAMINED, DISCLOSED, TAKEN OR COPIED BY ANY OTHER PERSON THAN A PARTY, THE ATTORNEY OR COUNSEL OF A PARTY, THE GUARDIAN, THE COURT EVAL- UATOR OR THE COURT EXAMINER EXCEPT BY ORDER OF THE COURT. Court records shall include all documents and records of any nature filed with the clerk in connection with the proceeding. Documents obtained through disclosure and not filed with the clerk shall remain subject to protec- tive orders under the civil practice law and rules. § 2. Applicability. The obligation of a county clerk to limit access to the records of proceedings occurring prior to the effective date of this act shall only be limited to the extent that a county clerk can readily identify the records of proceedings to which this act applies. A court may also seal or limit access to the records of proceedings held prior to the effective date of this act, provided, however, that such action shall not abridge the court's authority to further restrict EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
co-Sponsors
(R) Senate District
2017-S7720B (ACTIVE) - Details
2017-S7720B (ACTIVE) - Summary
Provides that court records in a proceeding under articles 77, 78 and 81 of the mental hygiene law shall not be perused, examined, disclosed, taken or copied by any other person than a party, the attorney or counsel of a party, the guardian, the court evaluator or the court examiner except by order of the court.
2017-S7720B (ACTIVE) - Sponsor Memo
BILL NUMBER: S7720B SPONSOR: ORTT TITLE OF BILL: An act to amend the mental hygiene law, in relation to disclosure of the records of court proceedings PURPOSE: This legislation would limit access to the court records in Article 81 Guardianship proceedings. SUMMARY OF PROVISIONS: Section 1. Amends subdivision (b) of Section 81.14 of the Mental Hygiene Law to provide that the court records in a proceeding under. Article 81 Guardianship proceeding shall not be perused, examined, disclosed, taken or copied by any other person than a party, the attorney or counsel of a party, the guardian, the court evaluator or the court examiner except by order of the court. Also subdivision (d) of Section 81.14 of the Mental Hygiene, Law is amended to remove the requirement of the courts to inform the allegedly incapacitated person of his or her right to request
2017-S7720B (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 7720--B I N S E N A T E February 12, 2018 ___________ Introduced by Sens. ORTT, LAVALLE -- read twice and ordered printed, and when printed to be committed to the Committee on Mental Health and Developmental Disabilities -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the mental hygiene law, in relation to disclosure of the records of court proceedings THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivisions (b) and (d) of section 81.14 of the mental hygiene law, as added by chapter 698 of the laws of 1992, are amended to read as follows: (b) [The court shall not enter an order sealing the court records in a proceeding under this article, either in whole or in part, except upon a written finding of good cause, which shall specify the grounds thereof. In determining whether good cause has been shown, the court shall consider the interest of the public, the orderly and sound adminis- tration of justice, the nature of the proceedings, and the privacy of the person alleged to be incapacitated. Where it appears necessary or desirable, the court may prescribe appropriate notice and opportunity to be heard.] COURT RECORDS IN A PROCEEDING UNDER THIS ARTICLE SHALL NOT BE PERUSED, EXAMINED, DISCLOSED, TAKEN OR COPIED BY ANY OTHER PERSON THAN A PARTY, THE ATTORNEY OR COUNSEL OF A PARTY, THE GUARDIAN, THE COURT EVAL- UATOR OR THE COURT EXAMINER EXCEPT BY ORDER OF THE COURT. Court records shall include all documents and records of any nature filed with the clerk in connection with the proceeding. Documents obtained through disclosure and not filed with the clerk shall remain subject to protec- tive orders under the civil practice law and rules. (d) At the time of the commencement of the hearing, the court shall inform the allegedly incapacitated person of his or her right to request for good cause [that the court records be sealed and] that a person, persons, or the general public be excluded from the hearing. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
Comments
Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.
Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.
Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.