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S10604 Summary:

BILL NOS10604
 
SAME ASSAME AS A11388
 
SPONSORSEPULVEDA
 
COSPNSR
 
MLTSPNSR
 
Amd §859, Judy L
 
Provides additional protection to judges and their family members under the Judicial Security Act; expands protection to domestic partners and adult children; relates to records to be kept private; relates to the continuation of the prohibition against the public disclosure of personal information; authorizes the chief administrator of the courts to develop procedures necessary to prevent the disclosure of personal information in the possession of the unified court system.
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S10604 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          10604
 
                    IN SENATE
 
                                      May 29, 2026
                                       ___________
 
        Introduced by Sen. SEPULVEDA -- (at request of the Unified Court System)
          -- read twice and ordered printed, and when printed to be committed to
          the Committee on Judiciary
 
        AN  ACT  to amend the judiciary law, in relation to providing additional
          protection to judges and their family members under the Judicial Secu-
          rity Act

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Paragraphs (b) and (c) of subdivision 1 of section 859 of
     2  the judiciary law, as added by section 2 of part F of chapter 55 of  the
     3  laws of 2024, are amended to read as follows:
     4    (b)  "Immediate  family" shall mean, for each eligible individual, the
     5  spouse,  former  spouse,  domestic  partner,  former  domestic  partner,
     6  parent, child, and sibling.
     7    (c) "Personal information" shall include the following for an eligible
     8  individual  and, if such individual so indicates as provided in subpara-
     9  graph (ii) of paragraph (a) of subdivision two of this section, for  the
    10  members  of  their immediate family: (i) home address, including primary
    11  residence and secondary  residences;  (ii)  unlisted  telephone  number;
    12  (iii)  personal  cell  phone  number;  (iv)  personal email address; (v)
    13  social security number; (vi)  driver's  license  number;  (vii)  license
    14  plate  number;  (viii)  marital  status  and identity of any present and
    15  former spouse or domestic partner; (ix) identity of children [under  the
    16  age  of eighteen]; (x) name and address of a school or day care facility
    17  attended by an immediate family member; (xi) bank account number;  (xii)
    18  credit  or  debit card number; and (xiii) personal identification number
    19  (PIN).
    20    § 2.  Paragraph (a) of subdivision 2 of section 859 of  the  judiciary
    21  law,  as added by section 2 of part F of chapter 55 of the laws of 2024,
    22  is amended to read as follows:
    23    (a) An eligible individual or their representative may submit a  writ-
    24  ten  request  to their employer or former employer. To be enforceable, a
    25  written request shall be signed by  an  eligible  individual,  or  their
    26  representative, and specify:
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14929-01-6

        S. 10604                            2
 
     1    (i)  those  items of personal information that the eligible individual
     2  wishes to be kept from being made public;
     3    (ii)  the  identity  of members of the eligible individual's immediate
     4  family and whether, for purposes of the written request, their  personal
     5  information  should  be  deemed to include that of such immediate family
     6  members; [and]
     7    (iii) each person, business, association, and public or private agency
     8  that the eligible individual  wishes  to  bar  from  making  public  the
     9  personal information of such eligible individual; and
    10    (iv)  if  known,  the  specific record or records held by such person,
    11  business, association or public or private entity containing  the  items
    12  of personal information requested to be kept from being made public, and
    13  the place within such record or records where those items are located.
    14    §  3.  Subparagraphs (i) and (ii) of paragraph (c) of subdivision 2 of
    15  section 859 of the judiciary law, as added by section 2  of  part  F  of
    16  chapter 55 of the laws of 2024, are amended to read as follows:
    17    (i)  If a written request has been properly submitted and is complete,
    18  the employer for an active or former judge or  justice  of  the  unified
    19  court  system or active or former judge of the housing part of the civil
    20  court of the city of New York, as appropriate, shall, within five  busi-
    21  ness  days  of receipt of such written request from an eligible individ-
    22  ual, notify each person, business, association, and  public  or  private
    23  agency  identified  in  the  written request that (A) within seventy-two
    24  hours of receipt of such notification, that such person, business, asso-
    25  ciation, and public or private  agency  must  cease  making  public  the
    26  personal  information  of  the  eligible  individual  identified in such
    27  request, and (B) they must make reasonable efforts to  ensure  that  the
    28  personal information of the eligible individual is not made available on
    29  any  website  or subsidiary website controlled by that person, business,
    30  or association. For purposes of this subparagraph, notification shall be
    31  by certified mail, return receipt requested, either at  the  recipient's
    32  last  known  residence  (if recipient is a person) or at the recipient's
    33  principal office (which shall be the location at which the office of the
    34  chief executive officer of the recipient is generally  located),  or  by
    35  electronic  mail  or  other  means  as shall be reasonably determined to
    36  provide notice to such recipient.
    37    (ii) If a written request has been properly submitted and is complete,
    38  the employer of an active or former federal judge  of  a  federal  court
    39  established  in  New York may notify each person, business, association,
    40  and public or private agency identified in the written request that  (A)
    41  within  seventy-two  hours  of  receipt  of such notification, they must
    42  cease making public the personal information of the eligible  individual
    43  identified in such request, and (B) they must make reasonable efforts to
    44  ensure  that  the personal information of the eligible individual is not
    45  made available on any website or subsidiary website controlled  by  that
    46  person,  business,  or  association.  For purposes of this subparagraph,
    47  notification may be by certified mail, return receipt requested,  either
    48  at  the  recipient's last known residence (if the recipient is a person)
    49  or at the recipient's principal office (which shall be the  location  at
    50  which  the  office  of  the  chief executive officer of the recipient is
    51  generally located), or by electronic mail or other  means  as  shall  be
    52  reasonably determined to provide notice to such recipient.
    53    §  4.  Subdivision 2 of section 859 of the judiciary law is amended by
    54  adding a new paragraph (d) to read as follows:
    55    (d) For the purposes of this subdivision: (i) the chief  administrator
    56  of  the  courts  shall  be  deemed the employer of a state-paid judge or

        S. 10604                            3
 
     1  justice of the unified court system, and of a judge of the housing  part
     2  of  the  civil court of the city of New York; and (ii) in the event that
     3  an eligible individual requests that a county clerk cease making  public
     4  the  residential  address  of an immediate family member over the age of
     5  eighteen, the written consent of  such  family  member  shall  first  be
     6  obtained and shall be included with the written request submitted by the
     7  eligible individual to their employer or former employer.
     8    §  5.  Subdivision  3 of section 859 of the judiciary law, as added by
     9  section 2 of part F of chapter 55 of the laws of  2024,  is  amended  to
    10  read as follows:
    11    3.  Recipient  of  notification  not  to make an eligible individual's
    12  personal information public. (a) After a person, business,  association,
    13  or  public  or  private  agency  has received a notification pursuant to
    14  paragraph (c) of subdivision two of this section, they shall have seven-
    15  ty-two hours to cease making public  the  personal  information  of  the
    16  eligible individual identified in such notification.
    17    (b)  The  prohibition  against  the public disclosure of such personal
    18  information shall continue  until  the  recipient  of  the  notification
    19  receives:
    20    (i)  a  notarized  letter  from  the  eligible  individual providing a
    21  release from the prohibition for a  limited  period  or  for  a  limited
    22  purpose,  and specifying the personal information that may be disclosed,
    23  the purpose of the disclosure,  and  the  authorized  recipients  and/or
    24  specific duration of the disclosure;
    25    (ii) a notarized letter from the eligible individual, or their employ-
    26  er or former employer, stating that the written request submitted pursu-
    27  ant to subdivision two of this section has been withdrawn in its entire-
    28  ty;
    29    (iii)  upon  the death of the eligible individual, an authorization to
    30  release such personal  information  received  from  the  court-appointed
    31  representative of the estate of the eligible individual; or
    32    (iv)  a  court order authorizing the release of such personal informa-
    33  tion.
    34    § 6. Section 859 of the judiciary law  is  amended  by  adding  a  new
    35  subdivision 6 to read as follows:
    36    6. The chief administrator of the courts may develop procedures neces-
    37  sary to prevent the disclosure of personal information in the possession
    38  of  the  unified court system regarding eligible individuals and members
    39  of their immediate family.
    40    § 7. This act shall take effect immediately.
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