S T A T E O F N E W Y O R K
________________________________________________________________________
8339--A
Cal. No. 431
I N S E N A T E
January 18, 2024
___________
Introduced by Sen. MAYER -- read twice and ordered printed, and when
printed to be committed to the Committee on Judiciary -- reported
favorably from said committee, ordered to first and second report,
amended on second report, ordered to a third reading, and to be
reprinted as amended, retaining its place in the order of third read-
ing
AN ACT to amend the family court act, in relation to establishing stand-
ards for public access to family court
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The family court act is amended by adding a new section
161-a to read as follows:
§ 161-A. ACCESS TO FAMILY COURT PROCEEDINGS. 1. THE FAMILY COURT SHALL
BE OPEN TO THE PUBLIC. MEMBERS OF THE PUBLIC, INCLUDING THE NEWS MEDIA,
SHALL HAVE ACCESS TO ALL COURTROOMS, LOBBIES, PUBLIC WAITING AREAS AND
OTHER COMMON AREAS OF THE FAMILY COURT OTHERWISE OPEN TO INDIVIDUALS
WITH BUSINESS BEFORE THE COURT.
2. THE GENERAL PUBLIC OR ANY PERSON SHALL BE EXCLUDED FROM A COURTROOM
ONLY IF THE COURT DETERMINES, ON A CASE-BY-CASE BASIS THAT SUCH EXCLU-
SION IS WARRANTED. IN EXERCISING THIS DISCRETION, THE COURT MAY CONSID-
ER, AMONG OTHER FACTORS, THE FOLLOWING:
(A) WHETHER SUCH PERSON IS CAUSING OR LIKELY TO CAUSE A DISRUPTION IN
THE PROCEEDINGS;
(B) WHETHER SUCH PERSON'S PRESENCE IS OBJECTED TO BY ONE OF THE
PARTIES OR THE ATTORNEY FOR THE CHILD;
(C) THE ORDERLY AND SOUND ADMINISTRATION OF JUSTICE, INCLUDING THE
NATURE OF SUCH PROCEEDING, THE PRIVACY INTERESTS OF INDIVIDUALS BEFORE
THE COURT, AND THE NEED FOR PROTECTION OF LITIGANTS, IN PARTICULAR,
CHILDREN, FROM HARM; AND
(D) WHETHER LESS RESTRICTIVE ALTERNATIVES TO EXCLUSION ARE UNAVAILABLE
OR INAPPROPRIATE FOR THE CIRCUMSTANCES OF THE PARTICULAR CASE.
3. WHERE A COURT EXERCISES ITS DISCRETION IN EXCLUDING ANY PERSON, THE
GENERAL PUBLIC, OR NEWS MEDIA FROM A PROCEEDING OR A PART OF A PROCEED-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14091-04-4
S. 8339--A 2
ING IN FAMILY COURT, IT SHALL MAKE A FINDING ON THE RECORD PRIOR TO
ORDERING SUCH EXCLUSION.
4. WHEN NECESSARY TO PRESERVE THE DECORUM OF SUCH PROCEEDINGS, THE
COURT SHALL INSTRUCT REPRESENTATIVES OF THE NEWS MEDIA AND OTHERS
REGARDING PERMISSIBLE USE OF SUCH COURTROOM AND OTHER FACILITIES OF SUCH
COURT, THE ASSIGNMENT OF SEATS TO REPRESENTATIVES OF SUCH NEWS MEDIA ON
AN EQUITABLE BASIS, AND ANY OTHER MATTERS THAT MAY AFFECT THE CONDUCT OF
SUCH PROCEEDINGS AND THE WELL-BEING AND SAFETY OF THE PARTIES BEFORE THE
COURT.
5. NOTHING IN THIS SECTION SHALL LIMIT THE RESPONSIBILITY AND AUTHORI-
TY OF THE CHIEF ADMINISTRATOR OF THE COURTS, OR THE ADMINISTRATIVE JUDG-
ES WITH THE APPROVAL OF THE CHIEF ADMINISTRATOR OF THE COURTS, TO ENSURE
THE PREVENTION OF THE RELEASE OF SENSITIVE INFORMATION BY ANY PERSON OR
ENTITY, INCLUDING THE PRESS, CONCERNING PERSONS, INCLUDING A CHILD,
HAVING BUSINESS BEFORE THE COURT.
§ 2. Section 341.1 of the family court act, as added by chapter 920 of
the laws of 1982, is amended to read as follows:
§ 341.1. Exclusion of general public. The general public may be
excluded from any proceeding under this article, IN COMPLIANCE WITH
SECTION ONE HUNDRED SIXTY-ONE-A OF THIS ACT, and only such persons and
the representatives of authorized agencies as have a direct interest in
the case shall be admitted thereto.
§ 3. Subdivision (a) of section 433 of the family court act, as
amended by chapter 809 of the laws of 1985, is amended to read as
follows:
[(a)] Hearing. (A) Upon the return of the summons or when a respondent
is brought before the court pursuant to a warrant, the court shall
proceed to hear and determine the case. The respondent shall be informed
of the contents of the petition, advised of [his] THEIR right to coun-
sel, and shall be given opportunity to be heard and to present
witnesses. The court may exclude the public from the court room in a
proper case, IN COMPLIANCE WITH SECTION ONE HUNDRED SIXTY-ONE-A OF THIS
ACT.
§ 4. Section 531 of the family court act, as amended by chapter 665 of
the laws of 1976, is amended to read as follows:
§ 531. Hearing. The trial shall be by the court without a jury. The
mother or the alleged father shall be competent to testify but the
respondent shall not be compelled to testify. If the mother is married
both she and her husband may testify to nonaccess. If the respondent
shall offer testimony of access by others at or about the time charged
in the complaint, such testimony shall not be competent or admissible in
evidence except when corroborated by other facts and circumstances tend-
ing to prove such access. The court may exclude the general public from
the room where the proceedings are heard and may admit only persons
directly interested in the case, including officers of the court and
witnesses. EXCLUSION OF THE PUBLIC PURSUANT TO THIS SECTION SHALL
COMPLY WITH SECTION ONE HUNDRED SIXTY-ONE-A OF THIS ACT.
§ 5. Subdivision (b) of section 741 of the family court act is amended
to read as follows:
(b) The general public may be excluded from any hearing under this
article, IN COMPLIANCE WITH SECTION ONE HUNDRED SIXTY-ONE-A OF THIS ACT,
and only such persons and the representatives of authorized agencies
admitted thereto as have a direct interest in the case.
§ 6. Section 1043 of the family court act, as amended by chapter 682
of the laws of 1975, is amended to read as follows:
S. 8339--A 3
§ 1043. Hearings not open to the public. The general public may be
excluded from any hearing under this article, IN COMPLIANCE WITH SECTION
ONE HUNDRED SIXTY-ONE-A OF THIS ACT, and only such persons and the
representatives of authorized agencies admitted thereto as have an
interest in the case.
§ 7. This act shall take effect immediately.
