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S10600 Summary:

BILL NOS10600
 
SAME ASSAME AS A03925
 
SPONSORBOTTCHER
 
COSPNSRCLEARE, FAHY, MAY
 
MLTSPNSR
 
Rpld & add §§64-a & 67-b, Civ Rts L
 
Requires the office of court administration, clerks, and all other records custodians to develop policies and procedures to ensure no identifying information or documentation relating to name change actions or sex designation change actions is visible or retrievable in any electronic database maintained by the state of New York or a subdivision thereof.
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S10600 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          10600
 
                    IN SENATE
 
                                      May 29, 2026
                                       ___________
 
        Introduced  by  Sens.  BOTTCHER,  CLEARE,  FAHY,  MAY  -- read twice and
          ordered printed, and when printed to be committed to the Committee  on
          Codes
 
        AN ACT to amend the civil rights law, in relation to ensuring the priva-
          cy  of  name change actions and of sex designation change actions; and
          to repeal certain provisions of such law relating thereto

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1. Section 64-a of the civil rights law is REPEALED and a new
     2  section 64-a is added to read as follows:
     3    § 64-a. Ensuring privacy of name change actions. 1. At no  time  shall
     4  any  paper  or  document  filed  by  electronic or paper means in a name
     5  change action be available for public inspection in-person,  online,  or
     6  at  any  computer terminal in the courthouse or the office of the county
     7  clerk, except for access by the petitioner, the  person  changing  their
     8  name if different from the petitioner, the attorney of record, or upon a
     9  finding  of  good  cause.  No order of the court shall be required for a
    10  petitioner, or a person whose name  change  a  filing  pertains  to,  to
    11  access their own file.
    12    2. Any entity responsible for processing and maintaining court records
    13  shall  ensure  matters  filed under this article are inaccessible to the
    14  public immediately upon filing, regardless of whether a petitioner makes
    15  a showing of risk and regardless of the reason for the name change. This
    16  section applies to all matters filed under this  article  regardless  of
    17  whether  a  petitioner has made a specific request for their information
    18  to be kept private and regardless of whether a court has  ordered  seal-
    19  ing.
    20    3.  The  office of court administration, clerks, and all other records
    21  custodians shall develop policies and procedures to ensure no  identify-
    22  ing  information  or documentation relating to a matter filed under this
    23  article is visible or retrievable in any electronic database  maintained
    24  by  the  state  of  New  York  or a subdivision thereof. Non-identifying
    25  administrative information including but not limited to  index  numbers,
    26  judges,  courts, attorney names, information about the nature and status
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06096-01-5

        S. 10600                            2

     1  of the action, and initialized or anonymized captions  may  be  visible.
     2  All  custodial  agencies  and  individuals shall ensure any platforms or
     3  systems used to file or maintain court records allow for  custodians  to
     4  input and maintain matters filed under this article consistent with this
     5  section.
     6    4.  Within  ninety  days  of  the  effective date of this section, all
     7  custodial agencies and  individuals  maintaining  existing  name  change
     8  records  shall  ensure all matters filed under this article prior to the
     9  effective date of this section are removed from  public  view  in-person
    10  and in online databases consistent with this section.
    11    5.  If  a  person  whose  name was changed by court order prior to the
    12  effective date of this section discovers that information deemed private
    13  under this section is publicly accessible, such person may move ex parte
    14  at any time to  request  that  information  deemed  private  under  this
    15  section  be  removed  from  public  view  consistent  with this section,
    16  regardless of whether a request to seal was made  at  the  time  of  the
    17  original petition or the matter was previously ordered sealed.
    18    6.  Nothing in this section shall be construed to limit the discretion
    19  of the court to order notice of a name change pursuant to this article.
    20    § 2. Section 67-b of the civil  rights  law  is  REPEALED  and  a  new
    21  section 67-b is added to read as follows:
    22    §  67-b. Ensuring the privacy of sex designation change actions. 1. At
    23  no time shall any paper or document filed by electronic or  paper  means
    24  in  a  sex  designation change action be available for public inspection
    25  in-person, online, or at any computer terminal in the courthouse or  the
    26  office  of  the  county  clerk, except for access by the petitioner, the
    27  person changing their sex designation if different from the  petitioner,
    28  the attorney of record, or upon a finding of good cause. No order of the
    29  court  shall  be required for a petitioner, or a person whose sex desig-
    30  nation change a filing pertains to, to access their own file.
    31    2. Any entity responsible for processing and maintaining court records
    32  shall ensure matters filed under this article are  inaccessible  to  the
    33  public immediately upon filing, regardless of whether a petitioner makes
    34  a  showing  of risk and regardless of the reason for the sex designation
    35  change. This section applies to all matters  filed  under  this  article
    36  regardless of whether a petitioner has made a specific request for their
    37  information  to  be  kept  private and regardless of whether a court has
    38  ordered sealing.
    39    3. The office of court administration, clerks, and all  other  records
    40  custodians  shall develop policies and procedures to ensure no identify-
    41  ing information or documentation relating to a matter filed  under  this
    42  article  is visible or retrievable in any electronic database maintained
    43  by the state of New  York  or  a  subdivision  thereof.  Non-identifying
    44  administrative  information  including but not limited to index numbers,
    45  judges, courts, attorney names, information about the nature and  status
    46  of  the  action,  and initialized or anonymized captions may be visible.
    47  All custodial agencies and individuals shall  ensure  any  platforms  or
    48  systems  used  to file or maintain court records allow for custodians to
    49  input and maintain matters filed under this article consistent with this
    50  section.
    51    4. Within ninety days of the  effective  date  of  this  section,  all
    52  custodial  agencies and individuals maintaining existing sex designation
    53  change records shall ensure all matters filed under this  article  prior
    54  to  the  effective  date  of  this  section are removed from public view
    55  in-person and in online databases consistent with this section.

        S. 10600                            3
 
     1    5. If a person whose sex designation was changed by court order  prior
     2  to  the effective date of this section discovers that information deemed
     3  private under this section is publicly accessible, such person may  move
     4  ex  parte  at  any time to request that information deemed private under
     5  this  section  be removed from public view consistent with this section,
     6  regardless of whether a request to seal was made  at  the  time  of  the
     7  original petition or the matter was previously ordered sealed.
     8    § 3. This act shall take effect immediately.
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