New York State Assembly

 
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A07552 Summary:

A07552 Actions:

A07552 Committee Votes:

Committee:CHILDREN AND FAMILIES   Chair:Jaffee      
DATE:05/16/2017AYE/NAY:14/0  Action: Favorable refer to committee Codes        
Jaffee
Aye
Walsh
Aye
Arroyo
Aye
Friend
Aye
Titus
Aye
Errigo
Aye
Mayer
Aye
Miller
Absent
Fahy
Aye
Davila
Absent
Richardson
Aye
Harris
Aye
Williams
Absent
Barnwell
Aye
Wright
Aye
Vanel
Aye
Jean-Pierre
Aye

Committee:CODES   Chair:Lentol      
DATE:06/07/2017AYE/NAY:22/0  Action: Favorable refer to committee Rules        
Lentol
Aye
Graf
Aye
Schimminger
Aye
Giglio
Aye
Weinstein
Aye
McKevitt
Aye
Pretlow
Aye
Montesano
Aye
Cook
Aye
Ra
Aye
Cymbrowitz
Aye
Morinello
Aye
Titus
Aye
O'Donnell
Aye
Lavine
Aye
Perry
Aye
Zebrowski
Aye
Abinanti
Aye
Weprin
Aye
Mosley
Aye
Hevesi
Aye
Fahy
Aye

Committee:RULES   Chair:Heastie      
DATE:06/13/2017AYE/NAY:30/0  Action: Favorable         
Heastie
Aye
Kolb
Aye
Gottfried
Aye
Oaks
Aye
Lentol
Aye
Butler
Aye
Farrell
Aye
Crouch
Aye
Gantt
Aye
Finch
Aye
Nolan
Excused
Barclay
Aye
Weinstein
Aye
Raia
Aye
Hooper
Aye
Hawley
Aye
Ortiz
Aye
Pretlow
Aye
Cook
Aye
Glick
Aye
Morelle
Aye
Aubry
Aye
Englebright
Aye
Dinowitz
Aye
Colton
Aye
Magnarelli
Aye
Perry
Aye
Galef
Aye
Paulin
Aye
Titus
Aye
Peoples-Stokes
Aye

A07552 Floor Votes:

A07552 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          7552
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                       May 2, 2017
                                       ___________
 
        Introduced  by  M.  of  A.  JAFFEE -- (at request of the Office of Court
          Administration) -- read once and referred to the Committee on Children
          and Families
 
        AN ACT to amend the  family  court  act,  in  relation  to  sealing  and
          expungement  of records in persons in need of supervision cases in the
          family court

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Section 783 of the family court act is amended to read as
     2  follows:
     3    § 783. Use of [record] records in other court; sealing and expungement
     4  of records.  (a) Neither the fact that a person was  before  the  family
     5  court  under this article for a hearing nor any confession, admission or
     6  statement made by him or her to the court or to any officer  thereof  in
     7  any stage of the proceeding is admissible as evidence against him or her
     8  or his or her interests in any other court.  [Another court, in imposing
     9  sentence  upon  an  adult after conviction, may receive and consider the
    10  records and information on file with the family  court  concerning  such
    11  person when he was a child.]
    12    (b)  For purposes of this section, "sealing" shall mean that all offi-
    13  cial records and papers, including judgments and orders  of  the  court,
    14  but  not  including  public  court  decisions or opinions or records and
    15  briefs  on  appeal,  relating  to  the  arrest,  prosecution  and  court
    16  proceedings  and  records  of  the probation service and designated lead
    17  agency, including all duplicates or copies thereof,  on  file  with  the
    18  court,  police department and law enforcement agency, probation service,
    19  designated  lead  agency  and  presentment  agency,  if  any,  shall  be
    20  protected  from  public inspection and, except as provided in paragraphs
    21  (v) and (vi) of subdivision (c) of  this  section,  shall  not  be  made
    22  available to any person or public or private agency.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06882-02-7
        A. 7552                             2
 
     1    (c)  Automatic  sealing  of  a  proceeding  under this article that is
     2  terminated in favor  of  the  respondent.  (i)  Upon  termination  of  a
     3  proceeding  under  this article in favor of the respondent, the clerk of
     4  the court shall immediately notify  and  direct  the  directors  of  the
     5  appropriate  probation  department,  designated  lead agency pursuant to
     6  section seven hundred thirty-five of this article and, if a  presentment
     7  agency  represented  the petitioner in the proceeding, such agency, that
     8  the proceeding has terminated in favor of the respondent  and  that  the
     9  records,  if any, of such action or proceeding on file with such offices
    10  shall be sealed. If the respondent had been the subject of a warrant  or
    11  an  arrest in connection with the proceeding, or law enforcement was the
    12  referring agency or petitioner pursuant to section seven  hundred  thir-
    13  ty-three of this article, the notice shall also be sent to the appropri-
    14  ate  police  department  or law enforcement agency. Upon receipt of such
    15  notification, the records shall be sealed in accordance with subdivision
    16  (b) of this section. The attorney for the respondent shall  be  notified
    17  by  the  clerk  of  the  court  in  writing of the date and agencies and
    18  departments to which such notifications were sent.
    19    (ii) For the purposes of this section, a proceeding under this article
    20  shall be considered terminated  in  favor  of  a  respondent  where  the
    21  proceeding has been:
    22    (A) diverted prior to the filing of a petition pursuant to subdivision
    23  (g)  of  section seven hundred thirty-five of this article or subsequent
    24  to the filing of a petition pursuant to subdivision (b) of section seven
    25  hundred forty-two of this article; or
    26    (B) withdrawn or dismissed for failure to prosecute, or for any  other
    27  reason at any stage; or
    28    (C)  dismissed  following an adjournment in contemplation of dismissal
    29  pursuant to subdivision (a) of section seven hundred forty-nine of  this
    30  article.
    31    (iii)  If,  with respect to a respondent who had been the subject of a
    32  warrant or an arrest in connection with the proceeding, or law  enforce-
    33  ment was the referring agency, the designated lead agency diverts a case
    34  either  prior  to  or  subsequent to the filing of a petition under this
    35  article,  the  designated  lead  agency  shall  notify  the  appropriate
    36  probation  service  and  police  department or law enforcement agency in
    37  writing of such  diversion.  Upon  receipt  of  such  notification,  the
    38  probation  service and police department or law enforcement agency shall
    39  seal any records in accordance with subdivision (b) of this  section  in
    40  the  same manner as is required thereunder with respect to an order of a
    41  court.
    42    (iv) If, following the referral of a proceeding under this article for
    43  the filing of a  petition,  the  petitioner  or,  if  represented  by  a
    44  presentment  agency,  such  agency,  elects not to file a petition under
    45  this article, the petitioner or, if applicable, the presentment  agency,
    46  shall notify the appropriate probation service and designated lead agen-
    47  cy  of such determination. Such notification may be on a form prescribed
    48  by the chief administrator of the courts and may be transmitted by elec-
    49  tronic means. If the respondent had been the subject of a warrant or  an
    50  arrest  in  connection  with  the proceeding, or law enforcement was the
    51  referring agency, the notification shall also be sent to the appropriate
    52  police department or  law  enforcement  agency.  Upon  receipt  of  such
    53  notification, the records shall be sealed in accordance with subdivision
    54  (b)  of  this  section in the same manner as is required thereunder with
    55  respect to an order of a court, provided, however, that  the  designated
        A. 7552                             3
 
     1  lead  agency may have access to its own records in accordance with para-
     2  graph (v) of this subdivision.
     3    (v)  Where a proceeding has been diverted pursuant to subparagraph (A)
     4  of paragraph (ii) of this subdivision or where  a  proceeding  has  been
     5  referred  for  the filing of a petition but the potential petitioner or,
     6  if represented by a presentment agency, such agency, elects not to  file
     7  a  petition  in  accordance with paragraph (iv) of this subdivision, the
     8  designated lead agency shall seal its records under  this  section,  but
     9  shall have access to its own records:
    10    (A)  where  there  is  continuing or subsequent contact with the child
    11  under this article; or
    12    (B) in a proceeding in which the designated lead agency is  the  local
    13  department  of  social  services, where the information in necessary for
    14  such department to determine what services had been arranged or provided
    15  to the family or where the commissioner determines that the  information
    16  is  necessary in order for the commissioner of such department to comply
    17  with section four hundred twenty-two-a of the social services law.
    18    (vi) Records sealed under this section shall be made available to  the
    19  juvenile  or  his  or  her  agent and, where the petitioner or potential
    20  petitioner is a parent or other person legally responsible for the juve-
    21  nile's care, such parent or other person. No statement made to a  desig-
    22  nated  lead  agency by the juvenile or his or her parent or other person
    23  legally responsible that is contained in  a  record  sealed  under  this
    24  section  shall  be  admissible  in any court proceeding, except upon the
    25  consent or at the request, respectively, of the juvenile or his  or  her
    26  parent or other person legally responsible for the juvenile's care.
    27    (vii) A respondent in whose favor a proceeding was terminated prior to
    28  the  effective  date  of  this  paragraph may, upon motion, apply to the
    29  court, upon not less than twenty days notice to the petitioner or (where
    30  the petitioner is represented by a presentment agency) such agency,  for
    31  an order granting the relief set forth in paragraph (i) of this subdivi-
    32  sion.  Where  a proceeding under this article was terminated in favor of
    33  the respondent in accordance with paragraph (iii) or (iv) of this subdi-
    34  vision prior to the effective date of this paragraph, the respondent may
    35  apply to the designated lead agency, petitioner or  presentment  agency,
    36  as applicable, for a notification as described in such paragraphs grant-
    37  ing the relief set forth therein and such notification shall be granted.
    38    (d)  Motion  to  seal after an adjudication and disposition. (i) If an
    39  action has resulted in an adjudication and disposition under this  arti-
    40  cle,  the  court  may, in the interest of justice and upon motion of the
    41  respondent, order the sealing of the records and proceedings.
    42    (ii) Such motion must be in writing and  may  be  filed  at  any  time
    43  subsequent  to  the conclusion of the period of the disposition, includ-
    44  ing, but not limited to, the expiration  of  the  period  of  placement,
    45  suspended  judgment,  order  of protection or probation or any extension
    46  thereof. Notice of such motion shall be served not less than eight  days
    47  prior  to  the  return date of the motion upon the petitioner or, if the
    48  petitioner was represented by a presentment agency, such agency. Answer-
    49  ing affidavits shall be served at least two days before the return date.
    50    (iii) The court shall set forth in a written  order  its  reasons  for
    51  granting  or  denying  the  motion.  If the court grants the motion, all
    52  court records, as well as all records in the possession  of  the  desig-
    53  nated  lead  agency,  the  probation service, the presentment agency, if
    54  any, and, if the respondent had been the subject  of  a  warrant  or  an
    55  arrest  in  connection  with  the  proceeding,  or  if the police or law
    56  enforcement agency was the referring agency or  petitioner  pursuant  to
        A. 7552                             4
 
     1  section  seven  hundred  thirty-three  of  this article, the appropriate
     2  police or law enforcement agency, shall be  sealed  in  accordance  with
     3  subdivision (b) of this section.
     4    (e)  Expungement  of  court records. Nothing contained in this article
     5  shall preclude the court's use  of  its  inherent  power  to  order  the
     6  expungement of court records.
     7    §  2.  Section  784  of  the  family  court  act is amended to read as
     8  follows:
     9    § 784. Use of police records.  All  police  records  relating  to  the
    10  arrest and disposition of any person under this article shall be kept in
    11  files  separate  and apart from the arrests of adults and shall be with-
    12  held  from  public  inspection,  but  such  records  shall  be  open  to
    13  inspection upon good cause shown by the parent, guardian, next friend or
    14  attorney  of that person upon the written order of a judge of the family
    15  court in the county in which the order was made [or, if  the  person  is
    16  subsequently  convicted  of a crime, of a judge of the court in which he
    17  was convicted].
    18    § 3. This act shall take effect on the ninetieth day  after  it  shall
    19  have become a law.