Relates to the disclosure of the records of court proceedings in certain mental hygiene proceedings

S T A T E   O F   N E W   Y O R K
        ________________________________________________________________________

                                          1728

                               2025-2026 Regular Sessions

                                    I N  S E N A T E

                                    January 13, 2025
                                       ___________

        Introduced  by Sens. BROUK, HARCKHAM, HELMING, HINCHEY, TEDISCO, WEIK --
          read twice and ordered printed, and when printed to  be  committed  to
          the Committee on Mental Health

        AN ACT to amend the mental hygiene law, in relation to disclosure of the
          records of court proceedings

          THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
        BLY, DO ENACT AS FOLLOWS:

     1    Section 1. Subdivisions (b) and (d) of section  81.14  of  the  mental
     2  hygiene law, as added by chapter 698 of the laws of 1992, are amended to
     3  read as follows:
     4    (b) [The court shall not enter an order sealing the court records in a
     5  proceeding under this article, either in whole or in part, except upon a
     6  written  finding of good cause, which shall specify the grounds thereof.
     7  In determining whether good  cause  has  been  shown,  the  court  shall
     8  consider  the  interest  of  the  public, the orderly and sound adminis-
     9  tration of justice, the nature of the proceedings, and  the  privacy  of
    10  the  person  alleged  to be incapacitated. Where it appears necessary or
    11  desirable, the court may prescribe appropriate notice and opportunity to
    12  be heard.] COURT RECORDS IN A PROCEEDING UNDER THIS ARTICLE SHALL NOT BE
    13  PERUSED, EXAMINED, DISCLOSED, TAKEN OR COPIED BY ANY OTHER PERSON THAN A
    14  PARTY, THE ATTORNEY OR COUNSEL OF A PARTY, THE GUARDIAN, THE COURT EVAL-
    15  UATOR OR THE COURT EXAMINER EXCEPT BY ORDER OF THE COURT. Court  records
    16  shall  include  all  documents  and records of any nature filed with the
    17  clerk in connection with  the  proceeding.  Documents  obtained  through
    18  disclosure  and not filed with the clerk shall remain subject to protec-
    19  tive orders under the civil practice law and rules.
    20    (d) At the time of the commencement of the hearing,  the  court  shall
    21  inform the allegedly incapacitated person of his or her right to request
    22  for  good  cause  [that  the court records be sealed and] that a person,
    23  persons, or the general public be excluded from the hearing.

         EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03618-01-5
        S. 1728                             2

     1    § 2. Applicability.  The obligation of a county clerk to limit  access
     2  to  the  records of proceedings occurring prior to the effective date of
     3  this act shall only be limited to the extent that  a  county  clerk  can
     4  readily identify the records of proceedings to which this act applies. A
     5  court  may  also seal or limit access to the records of proceedings held
     6  prior to the effective date of this act, provided,  however,  that  such
     7  action  shall  not  abridge  the  court's  authority to further restrict
     8  access for good cause shown pursuant to any  other  law,  regulation  or
     9  rule.
    10    § 3. This act shall take effect immediately and shall apply to any and
    11  all  past, present and future proceedings held pursuant to article 81 of
    12  the mental hygiene law on and after the effective date of this act.