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NY S07818
Bill
Status
6/25/2012
Primary Sponsor
Carl Marcellino
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AI Summary
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Requires agencies denying access to records that would interfere with judicial proceedings to notify the judge, requester, and allow the requester a reasonable opportunity to be heard before the judge determines whether denial is appropriate.
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Prohibits agencies from denying access based solely on the category or type of record, requiring instead a "particularized and specific justification" for any denial of access.
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Clarifies that parties to civil or criminal actions may access records related to their action or proceeding under freedom of information law, though agencies may still deny access with particularized and specific justification.
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Preserves parties' rights to access records through civil procedure law, criminal procedure law, or other applicable laws regardless of freedom of information law denials.
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Expands confidentiality protections for victims of sex offenses and offenses involving alleged transmission of HIV by prohibiting disclosure of any portion of reports, documents, or court files that tend to identify such victims.
Legislative Description
Relates to requiring a particularized and specific justification for denial of access to records under the freedom of information law, exemption from disclosure under the freedom of information law of certain law enforcement related records and to records identifying victims.
Last Action
REFERRED TO RULES
6/25/2012