NY State Assembly Bill 2009-A9371

Assembly Bill A9371

2009-2010 Legislative Session

Requires an expert witness file with the court a written report of his or her findings in certain family court proceedings

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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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to judiciary

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2009-A9371 (ACTIVE) - Details

Current Committee:: Assembly Judiciary
Law Section:: Family Court Act
Laws Affected:: Add §624-a, Fam Ct Act
Versions Introduced in Other Legislative Sessions:: 2011-2012: A3547
2013-2014: A6274

2009-A9371 (ACTIVE) - Summary

Requires an expert witness file with the court a written report of his or her findings in certain family court proceedings; requires that the report must be filed at least 30 days prior to the expert's expected testimony and must contain a copy of the raw data used by the expert in reaching his or her conclusions.

2009-A9371 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:A9371

TITLE OF BILL:  An act to amend the family court act, in relation to the
use of expert witness testimony in child custody and visitation hearings

PURPOSE OR GENERAL IDEA OF BILL:

This bill amends the family court act to have expert witnesses file a
written copy of their findings along with raw data available to all
parties involved in the action 30 days prior to the presentation of
their testimony.

SUMMARY OF SPECIFIC PROVISIONS:

Section one amends Section 624 of the family court act by adding a new
subdivision (a) which requires expert witnesses to file a written
report, including copies of the report and the corresponding raw data 30
days prior to when they will be presenting their testimony. Copies of
the report and raw data must also be forwarded to each party of the
action. The court may waive any or all of the provisions upon a finding
that such action would be impracticable.

EFFECTS OF PRESENT LAW WHICH THE BILL WILL ALTER:

This bill amends the family court act to have expert witnesses file a
written report with their findings, including copies of the report and

raw data 30 days prior to the date which they are expected to testify.
Currently, in family court cases under article 6, witnesses are not
mandated to submit their findings prior to their testimony.

JUSTIFICATION:

Pursuant to the Supreme Court rules, a written report is to be filed 60
days prior to the date of hearing. The Family Court Act does not have
such a requirement. In addition, neither the Domestic Relations Law nor
the Family Court Act directly addresses the discovery issue of the
attorneys obtaining the forensic expert witness file prior to their
testifying.  Obviously if an attorney is obtaining the file on the day
the witness is testifying it does not allow a reasonable opportunity to
review the records and certainly not to consult with an outside expert
in preparation of the cross-examination. In addition, the underlying
data often consists of not only the doctor's notes, but the raw scores
of tests usually administered by a psychologist. This information should
be discoverable, and in most jurisdictions outside of New York is
discoverable in these types of proceedings.

PRIOR LEGISLATIVE HISTORY:

A9785 of 2003-2004.
A475 of 2005-2006.  A1516/S5412 of 2005-2006.  A3133 2009 (Bradley)

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

EFFECTIVE DATE:

120 days after it has become a law.

2009-A9371 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  9371

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 6, 2010
                               ___________

Introduced by M. of A. GABRYSZAK, GALEF, PAULIN -- Multi-Sponsored by --
  M.  of  A.  BING,  HIKIND,  ROBINSON,  TOWNS,  WRIGHT -- read once and
  referred to the Committee on Judiciary

AN ACT to amend the family court act, in relation to the use  of  expert
  witness testimony in child custody and visitation hearings

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The family court act is amended by  adding  a  new  section
624-a to read as follows:
  S  624-A.  USE  OF  EXPERT  WITNESS TESTIMONY. 1. FOR PURPOSES OF THIS
ARTICLE, WHENEVER AN EXPERT WITNESS WILL BE CALLED UPON TO TESTIFY ABOUT
HIS OR HER FINDINGS REGARDING AN ISSUE BEFORE  THE  COURT,  SUCH  EXPERT
WITNESS  OR  THE  PARTY  FOR WHOM THE EXPERT WITNESS IS TESTIFYING SHALL
FILE A WRITTEN REPORT WITH THE COURT  CONTAINING  THE  FINDINGS  OF  THE
EXPERT.  THE  REPORT  MUST INCLUDE ALL RAW DATA COLLECTED AND/OR USED BY
THE EXPERT IN REACHING HIS OR HER CONCLUSIONS.
  2. COPIES OF THE REPORT AND RAW  DATA  SHALL,  PRIOR  TO  THIRTY  DAYS
BEFORE  THE  EXPERT  WITNESS IS EXPECTED TO TESTIFY, BE FORWARDED BY THE
EXPERT WITNESS OR PARTY FOR WHOM THE EXPERT  WITNESS  IS  TESTIFYING  TO
EACH PARTY OF THE ACTION AND TO ANY OTHER PERSON DEEMED NECESSARY BY THE
COURT.
  3.  THE  REPORT  SHALL BE FILED NO LATER THAN THIRTY DAYS PRIOR TO THE
DATE THAT SUCH EXPERT IS EXPECTED TO TESTIFY.
  4. THE COURT IN WHICH THE EXPERT IS EXPECTED TO TESTIFY MAY WAIVE  ANY
OR ALL OF THE PROVISIONS OF THIS SECTION, UPON A FINDING THAT COMPLIANCE
WITH  THIS SECTION WOULD BE IMPRACTICABLE BASED ON THE FACTS AND CIRCUM-
STANCES OF THE MATTER BEFORE THE COURT.
  5. THE PROVISIONS OF THIS SECTION SHALL APPLY TO AN EXPERT WITNESS WHO
IS CALLED AS A REBUTTAL WITNESS TO REBUT THE FINDINGS AND CONCLUSIONS OF
THE INITIAL EXPERT WITNESS, UNLESS THE COURT DETERMINES THAT  COMPLIANCE
WOULD BE IMPRACTICABLE BASED ON THE FACTS AND CIRCUMSTANCES PRESENTED.
  S 2. This act shall take effect on the one hundred twentieth day after
it shall have become a law.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                      [ ] is old law to be omitted.
                                                           LBD03297-01-9

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Assembly Bill A9371

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Sponsored By

GABRYSZAK

Archive: Last Bill Status - In Assembly Committee

co-Sponsors

Sandy Galef

Amy Paulin

multi-Sponsors

Jonathan Bing

Dov Hikind

Janele Hyer-Spencer

David McDonough

2009-A9371 (ACTIVE) - Details

2009-A9371 (ACTIVE) - Summary

2009-A9371 (ACTIVE) - Sponsor Memo

2009-A9371 (ACTIVE) - Bill Text download pdf

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