S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5086
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 6, 2017
                                ___________
 
 Introduced  by  M. of A. KEARNS -- Multi-Sponsored by -- M. of A. FRIEND
   -- 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:
   § 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.
                                                            LBD09335-01-7
              

 A. 5086                             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.
   § 2. This act shall take effect immediately.