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Bill

S 9906

Relates to access to certain confidential records in criminal actions or proceedings

2025 Regular Session Introduced by Zellnor Myrie

Expands who may access confidential records in criminal matters, tying access to specific triggers (motions, licensing, supervision, or exams) with court-sealed protections.

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Bill Summary · S 9906

Summary of Bill S. 9906 (2025-2026) – New York

Purpose and intent

This bill amends the criminal procedure law to specify when certain confidential or otherwise restricted records must be made available in criminal actions or proceedings. It clarifies and expands the categories of individuals and entities that may access these records under specified conditions, balancing the needs of justice with confidentiality and privacy considerations.

Key provisions and changes

  • Amendment to existing law: Modifies paragraph (d) of subdivision 1 of section 160.50 of the criminal procedure law (as amended by 2015’s Chapter 449).

  • Who may access records (expanded list):
    The following persons or entities may obtain the specified records, under the conditions described:

    1. The accused or the accused’s designated agent.
    2. Prosecutors in proceedings where the accused has moved for an order under:
      • Section 170.56, or
      • Section 210.46 of the criminal procedure law.
    3. Law enforcement agencies on an ex parte motion in a superior court, district court, city court, or the criminal court of the City of New York, provided the court seals the record and the agency demonstrates that justice requires access.
    4. Any state or local licensing authority responsible for issuing guns (to applicants for a firearms license) for records relevant to licensing.
    5. New York State Department of Corrections and Community Supervision when the accused is on parole supervision due to conditional release or parole release granted by the state Board of Parole, and the arrest in question occurred while under supervision.
    6. Prospective employers of police officers or peace officers (as defined in §1.20(33) and (34)) during applications for such employment, with a requirement that the applicant receives a copy of all records obtained and is afforded an opportunity to explain them.
    7. Probation department supervising the accused, if the arrest occurred while the accused was under supervision.
    8. Office of the New York State Comptroller for purposes of an examination under Article 3 of the General Municipal Law.

  • Confidentiality and processing considerations:

    • In applicable access scenarios (notably item 3 above), the court must seal the records, and the agency must demonstrate that justice requires access.
    • For applicants for police or peace officer positions (item 6), the process includes ensuring the applicant is furnished with copies of the records and can provide explanations.

Who is affected

  • Defendants and defense counsel: Continued access to records for defense and specific motions.
  • Prosecutors: Expanded ability to obtain records in supporting orders or in conjunction with defense motions.
  • Law enforcement agencies: May obtain records on ex parte motions under defined judicial sealing and justice criteria.
  • Firearms licensing agencies: Access records relevant to license applications.
  • Parole and corrections authorities: Access records for individuals under supervision where the underlying arrest occurred during supervision.
  • Prospective police/peace officer employers: Access to relevant records with due process protections for applicants.
  • Probation departments: Access for individuals under supervision.
  • New York State Comptroller: Access for certain examinations under General Municipal Law.

Procedural and timeline considerations

  • Effective date: The act takes effect immediately upon enactment.
  • Process flow:
    • Access is tied to specific procedural triggers (e.g., orders under sections 170.56 or 210.46, parole/supervision status, licensing processes, or examinations by the Comptroller).
    • Where access is discretionary (e.g., via ex parte motions for law enforcement or under supervision conditions), the court must find that justice requires access and may seal records as appropriate.
  • Sealing: In certain access scenarios, the court must seal the records to protect confidentiality, with access conditioned on a demonstrated need for justice.

Practical impact and considerations

  • The bill broadens and clarifies who can obtain confidential or sensitive records in criminal matters and related proceedings.
  • It introduces explicit conditions for access in licensing, parole supervision, and employment applications for law enforcement roles.
  • It emphasizes judicial oversight (e.g., sealing requirements and “justice requires” standards) to balance access with confidentiality.
  • By aligning access with specific triggers (motions, licensing processes, supervision status, Comptroller examinations), the bill aims to provide targeted, need-based disclosure rather than broad, wholesale access.

If you’d like, I can provide a side-by-side comparison with the current statute to highlight exact changes, or a plain-language briefing for non-lawyer audiences.

Compiled from official sources — confirm details with the bill’s official record.

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