S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4070
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 1, 2021
                                ___________
 
 Introduced  by  M.  of  A. THIELE, ABINANTI, NORRIS, DeSTEFANO, SMITH --
   read once and referred to the Committee on Judiciary
 
 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.
   §  2. Applicability.  The obligation of a county clerk to limit access
 to the records of proceedings occurring prior to the effective  date  of
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD05783-01-1

 A. 4070                             2
 
 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
 access  for  good  cause  shown pursuant to any other law, regulation or
 rule.
   § 3. This act shall take effect immediately and shall apply to any and
 all past, present and future proceedings held pursuant to article 81  of
 the mental hygiene law on and after the effective date of this act.