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NY S09017
Bill
Status
5/29/2024
Primary Sponsor
Samra Brouk
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AI Summary
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Removes the provision allowing courts to seal mental hygiene law Article 81 proceedings only upon written finding of good cause and instead makes all court records in such proceedings confidential by default.
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Restricts access to court records in Article 81 proceedings to parties, their attorneys, guardians, court evaluators, and court examiners unless the court issues an order permitting disclosure.
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Clarifies that court records include all documents filed with the clerk and that documents obtained through disclosure but not filed remain subject to protective orders under civil practice law and rules.
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Requires courts to inform allegedly incapacitated persons of their right to request exclusion of persons or the general public from hearings, removing the previous reference to sealing records as a right to request.
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Applies the new restrictions to past, present, and future Article 81 proceedings effective immediately, with county clerks required to limit access to prior proceedings to the extent they can readily identify affected records.
Legislative Description
Provides that court records in a proceeding under articles 77, 78 and 81 of the mental hygiene law shall not be perused, examined, disclosed, taken or copied by any other person than a party, the attorney or counsel of a party, the guardian, the court evaluator or the court examiner except by order of the court.
Last Action
referred to judiciary
5/29/2024