Senate Bill S9042

2023-2024 Legislative Session

Relates to unsealing unfounded child abuse and maltreatment reports in certain circumstances

download bill text pdf

Sponsored By

Current 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

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2023-S9042 (ACTIVE) - Details

See Assembly Version of this Bill:
A10007
Current Committee:
Senate Children And Families
Law Section:
Social Services Law
Laws Affected:
Amd §422, Soc Serv L

2023-S9042 (ACTIVE) - Summary

Relates to unsealing unfounded child abuse and maltreatment reports upon a court order finding that justice requires the information in such reports is necessary for the determination of charges being investigated by a grand jury or for the purposes of prosecuting a violation of the penal law or otherwise necessary for the furtherance of justice.

2023-S9042 (ACTIVE) - Sponsor Memo

2023-S9042 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9042
 
                             I N  S E N A T E
 
                              April 11, 2024
                                ___________
 
 Introduced  by Sen. MARTINEZ -- read twice and ordered printed, and when
   printed to be committed to the Committee on Children and Families
 
 AN ACT to amend the social services law, in relation to the unsealing of
   unfounded child abuse and  maltreatment  reports  in  certain  circum-
   stances
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subparagraphs (iv) and (v) of paragraph (a) of  subdivision
 5  of  section  422  of  the  social  services law, subparagraph (iv) as
 amended by chapter 555 of the laws  of  2000  and  subparagraph  (v)  as
 amended  by  chapter  256  of  the  laws  of 2014, are amended and a new
 subparagraph (vi) is added to read as follows:
   (iv) to the subject of the report; [and]
   (v) to a district attorney, an assistant district attorney, an  inves-
 tigator  employed  in  the  office of a district attorney, or to a sworn
 officer of the division of state police, of  a  city,  county,  town  or
 village  police department or of a county sheriff's office (A) when such
 official [verifies] AFFIRMS UNDER OATH that the report is  necessary  to
 conduct  an active investigation or prosecution of a violation of subdi-
 vision four of section 240.50 of the penal law;  OR  (B)  UPON  A  COURT
 ORDER  FINDING  THAT THE INFORMATION IN SUCH REPORT IS NECESSARY FOR THE
 PURPOSE OF PROSECUTING A VIOLATION OF THE  PENAL  LAW  OR  IS  OTHERWISE
 NECESSARY FOR THE FURTHERANCE OF JUSTICE; AND
   (VI)  TO A GRAND JURY, UPON A COURT ORDER FINDING IT NECESSARY FOR THE
 DETERMINATION OF CHARGES BEING INVESTIGATED BY SUCH GRAND JURY OR OTHER-
 WISE NECESSARY FOR THE FURTHERANCE OF JUSTICE.
   § 2. Paragraph (b) of subdivision 5  of  section  422  of  the  social
 services  law,  as  amended by section 7 of part D of chapter 501 of the
 laws of 2012, is amended to read as follows:
   (b) Persons given access to unfounded reports pursuant to subparagraph
 (v) of paragraph (a) of  this  subdivision  shall  not  redisclose  such
 reports except as necessary to conduct such appropriate investigation or
 prosecution  and  shall  request  of  the  court that any copies of such
 reports produced in any court proceeding be redacted to remove the names
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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