STATE OF NEW YORK
________________________________________________________________________
8091
IN SENATE
January 25, 2022
___________
Introduced by Sen. CLEARE -- read twice and ordered printed, and when
printed to be committed to the Committee on Investigations and Govern-
ment Operations
AN ACT to amend the public officers law, in relation to the unauthorized
release of sealed records
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The public officers law is amended by adding a new section
2 72-b to read as follows:
3 § 72-b. Unauthorized release of sealed records. 1. Any public officer,
4 or an employee thereof, who intentionally releases or otherwise
5 discloses to an unauthorized person a sealed record or the nature,
6 substance or contents of such record that he or she knew or reasonably
7 should have known was a sealed record, unless disclosure of such record
8 or the nature, substance or contents thereof is required by statute or
9 upon written order issued by a court of competent jurisdiction, shall be
10 guilty of a class B misdemeanor. Such class B misdemeanor shall be
11 punishable by a fine of not more than one thousand dollars. No sentence
12 of imprisonment shall be imposed.
13 2. Nothing contained in this section shall:
14 (a) prohibit an individual who is the subject of a sealed record or,
15 if such person is deceased, the personal representative of his or her
16 estate, from disclosing to another the nature, substance or contents of
17 his or her sealed record;
18 (b) prohibit a public officer, or an employee thereof, from releasing
19 or otherwise disclosing such record or the nature, substance or contents
20 thereof prior to the issuance of the order sealing such record;
21 (c) prohibit a public officer, or employee thereof, from discussing
22 events within such officer or employee's knowledge so long as such
23 discussion does not confirm or disclose the nature, substance or
24 contents of a sealed record;
25 (d) prohibit a public officer, or employee thereof, from releasing or
26 otherwise disclosing such record or the nature, substance or contents
27 thereof to a person if he or she has reason to believe, in good faith
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04255-01-1
S. 8091 2
1 and with sufficient cause, that such person is entitled to receive such
2 record or the nature, substance or contents thereof; or
3 (e) prohibit a public officer, or employee thereof, from disclosing
4 the nature or existence of a sealed record in a good faith response to
5 an inquiry when such disclosure is for the benefit of the subject of
6 such sealed record.
7 3. For the purposes of this section:
8 (a) "sealed record" shall mean any record required to be sealed pursu-
9 ant to section 160.50, 160.55, 160.58, 160.59, 720.15, or 725.15 of the
10 criminal procedure law, or section 375.1 or 375.2 of the family court
11 act;
12 (b) "unauthorized person" shall mean any person who is not entitled to
13 receive or who has not been granted access to, a sealed record or the
14 nature, substance or contents thereof, pursuant to statute or upon a
15 written order issued by a court of competent jurisdiction.
16 § 2. This act shall take effect immediately.
