Assembly Bill A7079

2013-2014 Legislative Session

Records of sex offense cases of juvenile delinquents and youthful offenders where victim was a minor shall be open to public inspection

download bill text pdf

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Archive: Last Bill Status - In Assembly 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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2013-A7079 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Family Court Act
Laws Affected:
Amd §166, Fam Ct Act; amd §720.35, CP L
Versions Introduced in Other Legislative Sessions:
2009-2010: A7030
2011-2012: A7926

2013-A7079 (ACTIVE) - Summary

Provides that all official records of sex offense cases of juvenile delinquents and youthful offenders where the victim was a minor shall be open to public inspection.

2013-A7079 (ACTIVE) - Bill Text download pdf 

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

                                  7079

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               May 1, 2013
                               ___________

Introduced by M. of A. SALADINO -- read once and referred to the Commit-
  tee on Codes

AN  ACT to amend the family court act and the criminal procedure law, in
  relation to providing review of records of sex offense cases of  juve-
  nile delinquents and youthful offenders

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

  Section 1. Section 166 of the family court act is amended to  read  as
follows:
  S  166.  Privacy  of records. (A) The records of any proceeding in the
family court shall not be  open  to  indiscriminate  public  inspection.
However,  the  court  in  its  discretion  in  any  case  may permit the
inspection of any papers or records. Any duly authorized agency, associ-
ation, society or institution to which a child is committed may cause an
inspection of the record of investigation to  be  had  and  may  in  the
discretion  of  the  court  obtain  a  copy of the whole or part of such
record.
  (B) NOTWITHSTANDING ANY PROVISION OF THIS SECTION OR ANY OTHER LAW  TO
THE  CONTRARY,  ALL  OFFICIAL  RECORDS OF A CASE DECIDED IN FAMILY COURT
WHEREIN THE RESPONDENT WAS ADJUDICATED TO HAVE COMMITTED AN ACT OR ACTS,
WHICH WOULD BE A SEX OFFENSE, AS DEFINED IN THE PENAL LAW, IF HE OR  SHE
WERE  AN  ADULT, PERPETRATED UPON A VICTIM WHO IS SEVENTEEN YEARS OF AGE
OR YOUNGER, SHALL BE OPEN TO PUBLIC INSPECTION.
  S 2. Section 720.35 of the criminal procedure law is amended by adding
a new subdivision 5 to read as follows:
  5. NOTWITHSTANDING ANY PROVISION OF THIS SECTION OR ANY OTHER  LAW  TO
THE  CONTRARY,  ALL OFFICIAL RECORDS OF A CASE WHEREIN THE DEFENDANT WAS
ADJUDICATED AS A YOUTHFUL OFFENDER FOR AN ACT OR ACTS, WHICH WOULD BE  A
SEX  OFFENSE,  AS  DEFINED  IN  THE  PENAL LAW, IF THE DEFENDANT HAD NOT
RECEIVED A YOUTHFUL OFFENDER ADJUDICATION, PERPETRATED UPON A VICTIM WHO

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08171-01-3

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