senate Bill S1880

2013-2014 Legislative Session

Relates to confidentiality of communications with members of a judicial assistance committee

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to judiciary
Jan 09, 2013 referred to judiciary

S1880 - Bill Details

Current Committee:
Senate Judiciary
Law Section:
Judiciary Law
Laws Affected:
Amd ยง499, Judy L
Versions Introduced in 2011-2012 Legislative Session:
S6618

S1880 - Bill Texts

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Provides for privilege and confidentiality of communications with members of a judicial assistance committee created by state or local bar association.

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BILL NUMBER:S1880

TITLE OF BILL: An act to amend the judiciary law, in relation to confi-
dential communications with judicial assistance committees

PURPOSE OR GENERAL IDEA OF BILL: To provide judicial assistance commit-
tees with the same confidentiality of information that currently exists
with lawyer assistance committees.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1: Amends section 499 of the Judiciary Law to provide judicial
assistance committees with the same confidentiality of information that
currently exists with lawyer assistance committees.

Section 2: Effective date.

JUSTIFICATION: Lawyer assistance committees provide confidential
assistance to lawyers who are affected by the problem of substance
abuse, stress, depression or other mental health issues. This legis-
lation would extend that ability to provide confidential assistance to
judicial assistance committees.

LEGISLATIVE HISTORY: S.6618 of 2012: Passed Senate, Died in Assembly
Judiciary

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect immediately.

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

                                  1880

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen. BONACIC -- read twice and ordered printed, and when
  printed to be committed to the Committee on Judiciary

AN ACT to amend the judiciary law, in relation to confidential  communi-
  cations with judicial assistance committees

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

  Section 1. Section 499 of the judiciary law, as added by  chapter  327
of the laws of 1993, is amended to read as follows:
  S  499.  Lawyer  AND  JUDICIAL  assistance committees. 1. Confidential
information privileged. The confidential  relations  and  communications
between a member or authorized agent of a lawyer assistance committee OR
JUDICIAL  ASSISTANCE COMMITTEE sponsored by a state or local bar associ-
ation and any  person,  firm  or  corporation  communicating  with  such
committee, its members or authorized agents shall be deemed to be privi-
leged  on  the  same basis as those provided by law between attorney and
client. Such privilege may be waived only by the person, firm or  corpo-
ration which has furnished information to the committee.
  2.  Immunity  from  liability. Any person, firm or corporation in good
faith providing information to, or in any other way participating in the
affairs of, any of the committees referred to in subdivision one of this
section shall be immune from civil liability that might otherwise result
by reason of such conduct. For the purpose of any proceeding,  the  good
faith of any such person, firm or corporation shall be presumed.
  S 2. This act shall take effect immediately.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05953-01-3

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