Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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Jan 13, 2025 |
referred to mental health |
Senate Bill S1728
2025-2026 Legislative Session
Sponsored By
(D, WF) 55th Senate District
Current Bill Status - In Senate Committee Mental Health 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
co-Sponsors
(D, WF) 40th Senate District
(R, C, IP) 54th Senate District
(D, WF) 41st Senate District
(R, C) 44th Senate District
2025-S1728 (ACTIVE) - Details
- Current Committee:
- Senate Mental Health
- Law Section:
- Mental Hygiene Law
- Laws Affected:
- Amd §81.14, Ment Hyg L
- Versions Introduced in Other Legislative Sessions:
-
2017-2018:
S7720
2019-2020: S4835
2021-2022: S7044
2023-2024: S9017
2025-S1728 (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.
2025-S1728 (ACTIVE) - Sponsor Memo
BILL NUMBER: S1728 SPONSOR: BROUK 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 limits access to 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
2025-S1728 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 1728 2025-2026 Regular Sessions I N S E N A T E January 13, 2025 ___________ Introduced by Sens. BROUK, HARCKHAM, HELMING, HINCHEY, TEDISCO, WEIK -- read twice and ordered printed, and when printed to be committed to the Committee on Mental Health 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. LBD03618-01-5 S. 1728 2
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