New York S 3048: Relates to the confidentiality and expungement of records in juvenile delinquency cases in the family court

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S03048 Summary:

BILL NOS03048 

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SAME ASSAME AS A02441

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SPONSORBRISPORT

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COSPNSRCLEARE, FERNANDEZ, HARCKHAM, HOYLMAN-SIGAL, JACKSON, PARKER, RIVERA, SALAZAR, SERRANO

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MLTSPNSR

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Add §301.5, amd §§354.1, 375.1, 375.2, 381.2 & 381.3, Fam Ct Act

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Relates to the confidentiality and expungement of records in juvenile delinquency cases in the family court; requires certain records to be expunged automatically.

Go to top S03048 Actions:

BILL NOS03048 

&nbsp

01/23/2025REFERRED TO CHILDREN AND FAMILIES

05/13/2025REPORTED AND COMMITTED TO JUDICIARY

01/07/2026REFERRED TO CHILDREN AND FAMILIES

Go to topS03048 Committee&nbspVotes:

Go to topS03048 Floor&nbspVotes:

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

Go to topS03048 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 3048

 2025-2026 Regular Sessions

 IN SENATE

 January 23, 2025
 ___________

 Introduced by Sens. BRISPORT, CLEARE, FERNANDEZ, HARCKHAM, HOYLMAN-SI-
 GAL, JACKSON, PARKER, RIVERA, SALAZAR, SERRANO -- read twice and
 ordered printed, and when printed to be committed to the Committee on
 Children and Families

 AN ACT to amend the family court act, in relation to the confidentiality
 and expungement of records in juvenile delinquency cases in the 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
 2 301.5 to read as follows:
 3 § 301.5. Confidentiality of juvenile delinquency records. 1. "Juvenile
 4 delinquency record" refers to the records, reports and information main-
 5 tained in any form, including electronic, by the family court, juvenile
 6 probation, the presentment agency, state criminal justice information
 7 systems, law enforcement agencies or any other public servant document-
 8 ing the juvenile's contact with the juvenile justice system from the
 9 time of investigation and arrest.
 10 2. The following records, reports, and information acquired or gener-
 11 ated in family court, juvenile probation or by arrests concerning juve-
 12 niles shall be confidential and shall not be open to inspection nor
 13 released to any person, department, agency, or entity:
 14 (a) Juvenile legal files, including but not limited to:
 15 (i) Juvenile delinquency petitions;
 16 (ii) Adolescent offender petitions if the action is transferred or
 17 removed to family court pursuant to article seven hundred twenty-two of
 18 the criminal procedure law;
 19 (iii) Juvenile offender petitions if the action is removed to family
 20 court pursuant to article seven hundred twenty-five of the criminal
 21 procedure law;

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD00056-01-5

 S. 3048 2

 1 (iv) Predisposition reports, including probation investigations and
 2 diagnostic assessments;
 3 (v) Risk assessment instruments;
 4 (vi) Notices;
 5 (vii) Motions;
 6 (viii) Legal memoranda; and
 7 (ix) Orders.
 8 (b) Law enforcement records, including but not limited to:
 9 (i) Fingerprints, photographs, palmprints;
 10 (ii) DNA samples;
 11 (iii) Arrest records;
 12 (iv) Demographic information that identifies a juvenile or the family
 13 of a juvenile; and
 14 (v) State criminal justice information system records.
 15 (c) Personal social records, including but not limited to:
 16 (i) Records of juvenile probation officers;
 17 (ii) Medical records;
 18 (iii) Psychiatric or psychological records;
 19 (iv) Reports of preliminary inquiries and predisposition reports;
 20 (v) Supervision records;
 21 (vi) Birth certificates;
 22 (vii) Individualized service plans;
 23 (viii) Detention records; and
 24 (ix) Demographic information that identifies a juvenile or the family
 25 of a juvenile.
 26 3. Upon a written petition and a finding of compelling interest, and
 27 in accordance with the conditions below, the juvenile court may order
 28 release of the juvenile name and designated portions of the records,
 29 reports, and information described in paragraphs (a) through (c) of
 30 subdivision two of this section to another person, department, entity,
 31 or agency.
 32 (a) The requesting party shall provide