New York S 1728: Relates to establishing hospital-sponsored off campus emergency departments

Bill Text

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S01728 Summary:

BILL NOS01728A

&nbsp

SAME ASSAME AS A06804-A

&nbsp

SPONSORBROUK

&nbsp

COSPNSRCLEARE, FERNANDEZ, HARCKHAM, HELMING, HINCHEY, SCARCELLA-SPANTON, SEPULVEDA, TEDISCO, WEBB, WEIK

&nbsp

MLTSPNSR

&nbsp

Amd §81.14, Ment Hyg L

&nbsp

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, or the office of the attorney general.

Go to top S01728 Actions:

BILL NOS01728A

&nbsp

01/13/2025REFERRED TO MENTAL HEALTH

03/05/20251ST REPORT CAL.496

03/10/20252ND REPORT CAL.

03/11/2025ADVANCED TO THIRD READING 

03/26/2025PASSED SENATE

03/26/2025DELIVERED TO ASSEMBLY

03/26/2025referred to judiciary

01/07/2026died in assembly

01/07/2026returned to senate

01/07/2026REFERRED TO MENTAL HEALTH

05/29/2026AMEND AND RECOMMIT TO MENTAL HEALTH

05/29/2026PRINT NUMBER 1728A

06/02/2026COMMITTEE DISCHARGED AND COMMITTED TO RULES

06/02/2026ORDERED TO THIRD READING CAL.1529

06/02/2026SUBSTITUTED BY A6804A

&nbspA06804 AMEND=A Griffin

&nbsp03/14/2025referred to judiciary

&nbsp01/07/2026referred to judiciary

&nbsp04/28/2026reported 

&nbsp04/30/2026advanced to third reading cal.412

&nbsp05/04/2026passed assembly

&nbsp05/04/2026delivered to senate

&nbsp05/04/2026REFERRED TO MENTAL HEALTH

&nbsp05/29/2026recalled from senate

&nbsp05/29/2026RETURNED TO ASSEMBLY

&nbsp05/29/2026vote reconsidered - restored to third reading

&nbsp05/29/2026amended on third reading 6804a

&nbsp06/01/2026repassed assembly

&nbsp06/01/2026returned to senate

&nbsp06/01/2026COMMITTED TO RULES

&nbsp06/02/2026SUBSTITUTED FOR S1728A

&nbsp06/02/20263RD READING CAL.1529

&nbsp06/02/2026PASSED SENATE

&nbsp06/02/2026RETURNED TO ASSEMBLY

Go to topS01728 Committee&nbspVotes:

Go to topS01728 Floor&nbspVotes:

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

Go to topS01728 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 1728--A

 2025-2026 Regular Sessions

 IN SENATE

 January 13, 2025
 ___________

 Introduced by Sens. BROUK, CLEARE, FERNANDEZ, HARCKHAM, HELMING,
 HINCHEY, SCARCELLA-SPANTON, SEPULVEDA, TEDISCO, WEBB, WEIK -- read
 twice and ordered printed, and when printed to be committed to the
 Committee on Mental Health -- recommitted to the Committee on Mental
 Health in accordance with Senate Rule 6, sec. 8 -- committee
 discharged, bill amended, ordered reprinted as amended and recommitted
 to said committee

 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, the court examiner except by order of the court, or the office of
 16 the attorney general. Court records shall include all documents and
 17 records of any nature filed with the clerk in connection with the
 18 proceeding. Documents obtained through disclosure and not filed with the
 19 clerk shall remain subject to protective orders under the civil practice
 20 law and rules.

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old l