S4052-2011 - NY Senate Open Legislation - Relates to orders of protection in youthful offenders cases

Relates to orders of protection in youthful offender cases.

Sponsor: GALLIVAN / Committee: CODES
Law Section: Criminal Procedure Law / Law: Amd S720.35, CP L

S4052-2011 Actions

Mar 5, 2012: referred to codes
Mar 5, 2012: DELIVERED TO ASSEMBLY
Mar 5, 2012: PASSED SENATE
Feb 29, 2012: ADVANCED TO THIRD READING
Feb 15, 2012: 2ND REPORT CAL.
Feb 14, 2012: 1ST REPORT CAL.203
Feb 8, 2012: PRINT NUMBER 4052A
Feb 8, 2012: AMEND AND RECOMMIT TO CODES
Jan 4, 2012: REFERRED TO CODES
Jan 4, 2012: returned to senate
Jan 4, 2012: died in assembly
Jun 2, 2011: referred to codes
Jun 2, 2011: DELIVERED TO ASSEMBLY
Jun 2, 2011: PASSED SENATE
May 2, 2011: ADVANCED TO THIRD READING
Apr 13, 2011: 2ND REPORT CAL.
Apr 12, 2011: 1ST REPORT CAL.351
Mar 15, 2011: REFERRED TO CODES

S4052-2011 Meetings

Codes: Apr 12, 2011

S4052-2011 Calendars

Active List: Jun 2, 2011 , Floor Calendar: Apr 13, 2011 , Floor Calendar: May 2, 2011 , Floor Calendar: May 3, 2011 , Floor Calendar: May 4, 2011 , Floor Calendar: May 9, 2011 , Floor Calendar: May 10, 2011 , Floor Calendar: May 11, 2011 , Floor Calendar: May 17, 2011 , Floor Calendar: May 23, 2011 , Floor Calendar: May 24, 2011 , Floor Calendar: May 25, 2011 , Floor Calendar: Jun 1, 2011 , Floor Calendar: Jun 2, 2011

S4052-2011 Votes

VOTE: COMMITTEE VOTE: - Codes - Apr 12, 2011

Ayes (11): Saland, DeFrancisco, Flanagan, Fuschillo, Golden, Lanza, Nozzolio, O'Mara, Duane, Huntley, Espaillat
Ayes W/R (2): Gianaris, Perkins
Nays (1): Parker
Excused (2): Gallivan, Squadron

VOTE: FLOOR VOTE: - Jun 2, 2011

Ayes (58): Addabbo, Alesi, Avella, Ball, Bonacic, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Espaillat, Farley, Flanagan, Fuschillo, Gallivan, Gianaris, Golden, Griffo, Grisanti, Hannon, Hassell-Thompson, Huntley, Johnson, Kennedy, Klein, Krueger, Lanza, Larkin, LaValle, Libous, Little, Marcellino, Martins, Maziarz, McDonald, Montgomery, Nozzolio, O'Mara, Oppenheimer, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Saland, Sampson, Savino, Serrano, Seward, Skelos, Squadron, Stavisky, Stewart-Cousins, Valesky, Young, Zeldin
Excused (4): Adams, Duane, Kruger, Smith

S4052-2011 Memo

BILL NUMBER:S4052

TITLE OF BILL:
An act
to amend the criminal procedure law, in relation to orders of protection
in youthful
offender cases

JUSTIFICATION:
This is one in a series of measures being introduced at the request of
the Chief Administrative Judge upon the recommendation of her
Advisory Committee on Criminal Law and Procedure.

This measure would amend section 720.35 of the Criminal Procedure Law
("CPL") to insure that a final order of protection issued in
connection with a youthful offender adjudication is not sealed for
law enforcement purposes.

When a defendant is adjudicated a youthful offender, CPL 720.35(2)
provides that "all official records and papers, whether on file with
the court, a police agency or the division of criminal justice
services, relating to a case... are confidential and may not be made
available to any person or public or private agency..." In 1996,
however, the Legislature provided a limited exception to this
confidentiality provision as follows:

"... provided, however, that information regarding an order of
protection or temporary order of protection issued pursuant to
section 530.12 of this chapter or a warrant issued in connection
therewith may be maintained on the statewide automated order of
protection and warrant registry established pursuant to section two
hundred twenty~one-a of the executive law during the period that such
order of protection or temporary order of protection is in full force
and effect or during which such warrant may be executed. Such
confidential information may be available pursuant to law only for
purposes of adjudicating or enforcing such order of protection or
temporary order of protection."

By expressly excepting from the confidentiality provisions only those
orders of protection issued pursuant to 530.12, all orders of
protection issued outside the limited exception (i.e., orders of
protection issued under CPL 530.13) are still required to be kept
confidential. This results in the sealing of the order of protection
itself, even while the order of protection is in effect.

Consequently, a final order of protection issued against a youthful
offender in a non-family context is difficult to execute, and the
present law could frustrate the very purpose of the order;
namely, to protect the safety and welfare of the person for whom it is
issued.

This measure maintains the general rule that records regarding
youthful offender adjudication should remain confidential in most
instances. Notably, the measure does not broaden dissemination of any
information to the public regarding the youthful offender adjudication.
Disclosure is permitted only to the extent that, if applicable, the


order of protection may be maintained on the statewide registry of
orders of protection and may only be disclosed for the purposes of
adjudicating or enforcing the order. Thus, the measure appropriately
balances the salutary effect of keeping records of youthful offenders
confidential with the legitimate safety concerns of those for whom
the order is issued.

This measure, which would have no meaningful fiscal impact on the
State, would take effect immediately.

LEGISLATIVE HISTORY:
New bill.

FISCAL IMPLICATIONS:
None to the state.

EFFECTIVE DATE:
This act shall take effect immediately.

S4052-2011 Text

 S T A T E   O F   N E W   Y O R K
 
                                          4052
 2011-2012 Regular Sessions
 I N  SENATE
 March 15, 2011
 
 Introduced by Sen. GALLIVAN -- (at request of the Office of Court Admin
 istration)  --  read twice and ordered printed, and when printed to be
 committed to the Committee on Codes
 

AN ACT to amend the criminal procedure law, in  relation  to  orders  of
 protection in youthful offender cases
 

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

 

Section 1. Subdivision 2 of section 720.35 of the  criminal  procedure
 law,  as  amended by chapter 412 of the laws of 2001, is amended to read
 as follows:

 2. Except where specifically required or permitted by statute or  upon
 specific  authorization  of  the court, all official records and papers,
 whether on file with the court, a police agency or the division of crim
 inal justice services, relating to a case involving a youth who has been
 adjudicated a youthful offender, are confidential and may  not  be  made
 available  to  any  person  or  public or private agency, other than the
 designated educational official of the public or private  elementary  or
 secondary  school  in  which the youth is enrolled as a student provided
 that such local educational official shall only have  made  available  a
 notice of such adjudication and shall not have access to any other offi
 cial  records  and  papers,  such youth or such youth's designated agent
 (but only where the official records and papers sought are on file  with
 a  court and request therefor is made to that court or to a clerk there
 of), an institution to which such youth has been committed, the division
 of parole and a probation department of this state  that  requires  such
 official  records  and  papers  for  the  purpose of carrying out duties
 specifically authorized by  law;  provided,  however,  that  information
 regarding an order of protection or temporary order of protection issued
 pursuant to section 530.12 OR 530.13 of this [chapter] PART or a warrant
 issued  in connection therewith may be maintained on the statewide auto
 mated order of protection and warrant registry established  pursuant  to
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD09513-01-1
        S. 4052                             2
 section  two hundred twenty-one-a of the executive law during the period
 that such order of protection or temporary order  of  protection  is  in
 full force and effect or during which such warrant may be executed. Such
 confidential  information may be made available pursuant to law only for
 purposes of adjudicating or enforcing such order of protection or tempo
 rary order of protection and, where provided to a designated educational
 official, as defined in section 380.90 of  this  chapter,  for  purposes
 related to the execution of the student's educational plan, where appli
 cable, successful school adjustment and reentry into the community. Such
 notification shall be kept separate and apart from such student's school
 records and shall be accessible only by the designated educational offi
 cial.  Such  notification  shall not be part of such student's permanent
 school record and shall not be appended to or included in any documenta
 tion regarding such student and shall be destroyed at such time as  such
 student  is  no longer enrolled in the school district. At no time shall
 such notification be used for any purpose other than those specified  in
 this subdivision.
 

S 2. This act shall take effect immediately.

S4052-2011: Relates to orders of protection in youthful offenders cases