S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                         2148

                              2011-2012 Regular Sessions

                                 I N  A S S E M B L Y

                                   January 14, 2011
                                      ___________

       Introduced  by  M.  of  A.  DenDEKKER  --  read once and referred to the
         Committee on Codes

       AN ACT to amend the penal law, in relation to establishing a  new  crime
         for the illegal release of sealed records

         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:

    1    Section 1. The penal law is amended by adding two new sections  215.85
    2  and 215.87 to read as follows:
    3  S 215.85 ILLEGAL RELEASE OF SEALED RECORDS.
    4    A  PERSON OR AGENCY IS GUILTY OF THE ILLEGAL RELEASE OF SEALED RECORDS
    5  WHEN HE OR SHE KNOWINGLY FAILS TO SEAL OR RELEASES RECORDS  OR  INFORMA-
    6  TION  ORDERED  TO  BE SEALED, CONCERNING A TERMINATED CRIMINAL ACTION OR
    7  PROCEEDING AS DESCRIBED IN SECTION 160.50 OF THE CRIMINAL PROCEDURE LAW.
    8    ILLEGAL RELEASE OF SEALED RECORDS IS A CLASS B MISDEMEANOR.
    9  S 215.87 ILLEGAL RELEASE OF SEALED RECORDS FOR FINANCIAL GAIN.
   10    A PERSON OR AGENCY IS GUILTY OF THE ILLEGAL RELEASE OF SEALED  RECORDS
   11  FOR FINANCIAL GAIN WHEN HE OR SHE KNOWINGLY RELEASES RECORDS OR INFORMA-
   12  TION  ORDERED  TO  BE  SEALED  AND  USES SUCH RECORDS OR INFORMATION FOR
   13  FINANCIAL GAIN OR FOR WILLFUL DESTRUCTION OF A PERSON'S CHARACTER.
   14    ILLEGAL RELEASE OF SEALED RECORDS FOR FINANCIAL  GAIN  IS  A  CLASS  A
   15  MISDEMEANOR.
   16    S 2. This act shall take effect on the first of November next succeed-
   17  ing the date on which it shall have become a law.



        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD05071-01-1