Assembly Bill A5746

2019-2020 Legislative Session

Relates to admissible evidence in court proceedings to secure an order of protection

download bill text pdf

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Archive: Last Bill Status - In Assembly Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2019-A5746 (ACTIVE) - Details

Current Committee:
Assembly Judiciary
Law Section:
Family Court Act
Laws Affected:
Amd §1046, Fam Ct Act
Versions Introduced in Other Legislative Sessions:
2017-2018: A8814
2021-2022: A8388
2023-2024: A2399

2019-A5746 (ACTIVE) - Summary

Clarifies that in child protective proceedings and permanency hearings for children placed out of their homes, the social worker-client privilege shall not be a ground for excluding evidence in a hearing to secure an order of protection.

2019-A5746 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5746
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 14, 2019
                                ___________
 
 Introduced  by  M.  of  A.  GIGLIO,  CROUCH,  DeSTEFANO,  HAWLEY,  KOLB,
   LAWRENCE, B. MILLER, MORINELLO, PALMESANO,  SAYEGH,  SMITH,  TAGUE  --
   read once and referred to the Committee on Judiciary
 
 AN ACT to amend the family court act, in relation to admissible evidence
   in court proceedings to secure an order of protection

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph (vii) of subdivision (a) of section 1046  of  the
 family  court  act,  as  amended  by chapter 432 of the laws of 1993, is
 amended to read as follows:
   (vii) neither the privilege attaching to  confidential  communications
 between husband and wife, as set forth in section forty-five hundred two
 of  the  civil  practice  law  and  rules, nor the physician-patient and
 related privileges, as set forth in section forty-five hundred  four  of
 the civil practice law and rules, nor the psychologist-client privilege,
 as  set  forth in section forty-five hundred seven of the civil practice
 law and rules, nor the social worker-client privilege, as set  forth  in
 section  forty-five  hundred  eight of the civil practice law and rules,
 nor the rape crisis counselor-client privilege, as set forth in  section
 forty-five  hundred  ten of the civil practice law and rules, shall be a
 ground for excluding  evidence  which  otherwise  would  be  admissible.
 SPECIFICALLY,  THE  SOCIAL WORKER-CLIENT PRIVILEGE SHALL NOT BE A GROUND
 FOR EXCLUDING EVIDENCE WHICH WOULD OTHERWISE BE ADMISSIBLE  IN  A  COURT
 HEARING TO SECURE AN ORDER OF PROTECTION.
   §  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law.
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06938-01-9

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