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

                                  3557

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 28, 2013
                               ___________

Introduced by M. of A. KEARNS -- read once and referred to the Committee
  on Judiciary

AN  ACT  to  amend  the judiciary law, in relation to prohibiting courts
  from sealing agreements or records involving a public body or institu-
  tion or any public hazard or public harm

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

  Section 1. The judiciary law is amended by adding a new section 4-a to
read as follows:
  S  4-A. PROHIBITION AGAINST SEALING RECORDS INVOLVING A PUBLIC BODY OR
INSTITUTION. 1. UNDER NO CIRCUMSTANCES SHALL A COURT APPROVE  SEALING  A
SETTLEMENT  AGREEMENT  WHICH  INVOLVES A PUBLIC BODY OR INSTITUTION. ANY
PORTION OF AN AGREEMENT OR CONTRACT ENTERED INTO BY A PUBLIC BODY  WHICH
HAS THE PURPOSE OR EFFECT OF CONCEALING A PUBLIC HAZARD, ANY INFORMATION
CONCERNING  A  PUBLIC  HAZARD, OR ANY INFORMATION WHICH MAY BE USEFUL TO
MEMBERS OF THE PUBLIC IN PROTECTING THEMSELVES  FROM  INJURY  WHICH  MAY
RESULT  FROM  THE PUBLIC HAZARD, IS VOID, CONTRARY TO PUBLIC POLICY, AND
MAY NOT BE ENFORCED. AS USED IN THIS SECTION, "PUBLIC HAZARD"  MEANS  AN
INSTRUMENTALITY,  INCLUDING  BUT  NOT LIMITED TO ANY DEVICE, INSTRUMENT,
PERSON, PROCEDURE, PRODUCT, OR A  CONDITION  OF  A  DEVICE,  INSTRUMENT,
PERSON,  PROCEDURE  OR  PRODUCT,  THAT HAS CAUSED AND IS LIKELY TO CAUSE
INJURY.
  2. COURT RECORDS MAY NOT BE REMOVED FROM COURT FILES EXCEPT AS PERMIT-
TED BY STATUTE OR RULE. NO COURT ORDER OR OPINION ISSUED IN THE  ADJUDI-
CATION  OF  A  CASE  MAY  BE  SEALED. OTHER COURT RECORDS, AS DEFINED IN
SUBDIVISION THREE OF THIS SECTION, ARE PRESUMED TO BE OPEN TO THE GENER-
AL PUBLIC AND MAY BE SEALED ONLY UPON A SHOWING OF ALL OF THE FOLLOWING:
  A.  A  SPECIFIC,  SERIOUS  AND  SUBSTANTIAL  INTEREST  WHICH   CLEARLY
OUTWEIGHS:
  (I) THIS PRESUMPTION OF OPENNESS;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01069-01-3

              

A. 3557                             2

  (II)  ANY  PROBABLE  ADVERSE  EFFECT  THAT  SEALING WILL HAVE UPON THE
GENERAL PUBLIC HEALTH OR SAFETY; AND
  B.  NO LESS RESTRICTIVE MEANS THAN SEALING RECORDS WILL ADEQUATELY AND
EFFECTIVELY PROTECT THE SPECIFIC INTEREST ASSERTED.
  3. FOR PURPOSES OF THIS SECTION, THE TERM "COURT RECORDS" MEANS:
  A. ALL DOCUMENTS OF ANY NATURE FILED IN  CONNECTION  WITH  ANY  MATTER
BEFORE ANY CIVIL COURT, EXCEPT:
  (I)  DOCUMENTS FILED WITH A COURT IN CAMERA, SOLELY FOR THE PURPOSE OF
OBTAINING A RULING ON THE DISCOVERABILITY OF SUCH DOCUMENTS;
  (II) DOCUMENTS IN COURT FILES TO WHICH ACCESS IS OTHERWISE  RESTRICTED
BY LAW;
  (III) DOCUMENTS FILED IN AN ACTION ORIGINALLY ARISING UNDER THE FAMILY
COURT ACT.
  B.  SETTLEMENT AGREEMENTS NOT FILED OF RECORD, EXCLUDING ALL REFERENCE
TO ANY MONETARY CONSIDERATION, THAT COULD RESTRICT DISCLOSURE OF  INFOR-
MATION  CONCERNING  MATTERS THAT HAVE A PROBABLE ADVERSE EFFECT UPON THE
GENERAL PUBLIC HEALTH OR SAFETY, OR THE ADMINISTRATION OF PUBLIC OFFICE,
OR THE OPERATION OF GOVERNMENT.
  S 2. This act shall take effect immediately.