New York A 7368: Establishes standards for public access to family court proceedings

Bill Text

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A07368 Summary:

BILL NOA07368 

&nbsp

SAME ASSAME AS S02597

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SPONSORWalker

&nbsp

COSPNSR

&nbsp

MLTSPNSR

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Add §161-a, amd §§341.1, 433, 531, 741 & 1043, Fam Ct Act

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Establishes standards for public access to family court proceedings and when a judge can exclude individuals from proceedings.

Go to top A07368 Actions:

BILL NOA07368 

&nbsp

03/25/2025referred to judiciary

01/07/2026referred to judiciary

Go to topA07368 Committee&nbspVotes:

Go to topA07368 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA07368 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 7368

 2025-2026 Regular Sessions

 IN ASSEMBLY

 March 25, 2025
 ___________

 Introduced by M. of A. WALKER -- read once and referred to the Committee
 on Judiciary

 AN ACT to amend the family court act, in relation to establishing stand-
 ards for public access to family court

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. The family court act is amended by adding a new section
 2 161-a to read as follows:
 3 § 161-a. Access to family court proceedings. 1. The family court shall
 4 be open to the public. Members of the public, including the news media,
 5 shall have access to all courtrooms, lobbies, public waiting areas and
 6 other common areas of the family court otherwise open to individuals
 7 with business before the court.
 8 2. The general public or any person shall be excluded from a courtroom
 9 only if the court determines, on a case-by-case basis that such exclu-
 10 sion is warranted. In exercising this discretion, the court may consid-
 11 er, among other factors, the following:
 12 (a) whether such person is causing or likely to cause a disruption in
 13 the proceedings;
 14 (b) whether such person's presence is objected to by one of the
 15 parties or the attorney for the child;
 16 (c) the orderly and sound administration of justice, including the
 17 nature of such proceeding, the privacy interests of individuals before
 18 the court, and the need for protection of litigants, in particular,
 19 children, from harm; and
 20 (d) whether less restrictive alternatives to exclusion are unavailable
 21 or inappropriate for the circumstances of the particular case.
 22 3. Where a court exercises its discretion in excluding any person, the
 23 general public, or news media from a proceeding or a part of a proceed-
 24 ing in family court, it shall make a finding on the record prior to
 25 ordering such exclusion.
 26 4. When necessary to preserve the decorum of such proceedings, the
 27 court shall instruct representatives of the news media and others
 28 regarding permissible use of such courtroom and other facilities of such

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD06653-01-5

 A. 7368 2

 1 court, the assignment of seats to representatives of such news media on
 2 an equitable basis, and any other matters that may affect the conduct of
 3 such proceedings and the well-being and safety of the parties before the
 4 court.
 5 5. Nothing in this section shall limit the responsibility and authori-
 6 ty of the chief administrator of the courts, or the administrative judg-
 7 es with the approval of the chief administrator of the courts, to ensure
 8 the prevention of the release of sensitive information by any person or
 9 entity, including the press, concerning persons, including a child,
 10 having business before the court.
 11 § 2. Section 341.1 of the family court act, as added by chapter 920 of
 12 the laws of 1982, is amended to read as follows:
 13 § 341.1. Exclusion of general public. The general public may be
 14 excluded from any proceeding under this article, in compliance with
 15 section one hundred sixty-one-a of this act, and only such persons and
 16 the representatives of authorized agencies as have a direct interest in
 17 the case shall be admitted thereto.
 18 § 3. Subdivision (a) of section 433 of the family court act, as
 19 amended by chapter 809 of the laws of 1985, is amended to read as
 20 follows:
 21 [(a)] Hearing. (a) Upon the return of the summons or when a respondent
 22 is brought before the cou