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

                                  6569

                            I N  S E N A T E

                            January 27, 2016
                               ___________

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

AN ACT to amend the civil practice law and rules, in relation to  estab-
  lishing that domestic violence advocates may not disclose any communi-
  cation  made  by  a  client  to the advocate except in certain circum-
  stances

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

  Section  1. Section 4510 of the civil practice law and rules, as added
by chapter 432 of the laws of 1993 and subdivision  (d)  as  amended  by
section  49 of part A-1 of chapter 56 of the laws of 2010, is amended to
read as follows:
  S 4510. Rape crisis counselor OR  DOMESTIC  VIOLENCE  ADVOCATE.    (a)
Definitions.  When  used in this section, the following terms shall have
the following meanings:
  1. "Rape crisis program" means any office, institution or center which
has been approved pursuant to subdivision fifteen of section two hundred
six of the public health law,  offering  counseling  and  assistance  to
clients concerning sexual offenses, sexual abuses or incest.
  2.  "Rape crisis counselor" means any person who has been certified by
an approved rape crisis program as having satisfied the training  stand-
ards  specified in subdivision fifteen of section two hundred six of the
public health law, and who, regardless of compensation, is acting  under
the direction and supervision of an approved rape crisis program.
  3.  "Client"  means  (I)  any  person  who is seeking or receiving the
services of a rape crisis counselor for the purpose  of  securing  coun-
seling  or  assistance  concerning  any  sexual  offenses, sexual abuse,
incest or attempts to commit sexual offenses, sexual abuse,  or  incest,
as defined in the penal law; OR
  (II) ANY PERSON WHO IS SEEKING OR RECEIVING ASSISTANCE FROM A DOMESTIC
VIOLENCE  ADVOCATE  FOR  THE PURPOSE OF SECURING SERVICES CONCERNING ANY
ACTS OF DOMESTIC VIOLENCE OR ANY  OTHER  ABUSE,  HUMAN  TRAFFICKING,  OR
STALKING,  AS  DEFINED IN THE PENAL LAW, WHETHER OR NOT THE VICTIM SEEKS
OR RECEIVES SERVICES WITHIN THE CRIMINAL JUSTICE SYSTEM.

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

                                                           LBD13441-01-5

S. 6569                             2

  4. "DOMESTIC VIOLENCE PROGRAM" MEANS ANY OFFICE,  INSTITUTION,  CENTER
OR  PROVIDER  OFFERING  SERVICES  TO VICTIMS OF DOMESTIC VIOLENCE OR ANY
OTHER ABUSE, HUMAN TRAFFICKING, OR STALKING INCLUDING, BUT  NOT  LIMITED
TO,  SHELTER,  COUNSELING, A CRISIS LINE, EMERGENCY AND FOLLOW-UP INTER-
VENTION,  INFORMATION, REFERRAL SERVICES, AND MEDICAL, LEGAL, AND SOCIAL
SERVICES ADVOCACY.
  5. "DOMESTIC VIOLENCE ADVOCATE" MEANS AN EMPLOYEE OR  VOLUNTEER  OF  A
DOMESTIC  VIOLENCE  PROGRAM.  "DOMESTIC  VIOLENCE  ADVOCATE"  SHALL  NOT
INCLUDE A PERSON EMPLOYED BY, OR UNDER THE DIRECT SUPERVISION OF, A  LAW
ENFORCEMENT AGENCY, THE DEPARTMENT OF LAW, OR ANY GOVERNMENTAL AGENCY OR
DEPARTMENT  WHILE  SUCH  EMPLOYEE  OR  VOLUNTEER IS PERFORMING DUTIES ON
BEHALF OF OR ACTING IN THE COURSE OF  EMPLOYMENT  OF  SUCH  GOVERNMENTAL
AGENCY OR DEPARTMENT.
  (b)  Confidential  information  privileged. A rape crisis counselor OR
DOMESTIC VIOLENCE ADVOCATE shall not be required to disclose a  communi-
cation made by his or her client to him or her, or advice given thereon,
in  the  course of his or her services nor shall any clerk, stenographer
or other person working for the same program as the rape crisis  counse-
lor  OR  DOMESTIC  VIOLENCE ADVOCATE or for the rape crisis counselor OR
DOMESTIC VIOLENCE ADVOCATE be allowed to disclose any such communication
or advice given thereon nor shall any records made in the course of  the
services  given to the client or recording of any communications made by
or to a client be required to be disclosed,  nor  shall  the  client  be
compelled to disclose such communication or records, except:
  1.  that  a  rape  crisis  counselor OR DOMESTIC VIOLENCE ADVOCATE may
disclose such otherwise confidential communication to the extent author-
ized by the client;
  2. that a rape crisis counselor OR DOMESTIC  VIOLENCE  ADVOCATE  shall
not  be  required  to  treat as confidential a communication by a client
which reveals the intent to commit a crime or harmful act;
  3. in a case in which the client waives the privilege  by  instituting
charges  against the rape crisis counselor OR DOMESTIC VIOLENCE ADVOCATE
or the rape crisis program OR DOMESTIC VIOLENCE PROGRAM and such  action
or  proceeding  involves  confidential communications between the client
and the rape crisis counselor OR DOMESTIC VIOLENCE ADVOCATE.
  (c) Who may waive the privilege. The privilege may only be  waived  by
the client, the personal representative of a deceased client, or, in the
case  of  a  client  who  has been adjudicated incompetent or for whom a
conservator has been appointed, the committee or conservator.
  (d) Limitation on waiver. A client who, for the purposes of  obtaining
compensation  under article twenty-two of the executive law or insurance
benefits, authorizes the disclosure of any privileged  communication  to
an  employee  of the office of victim services or an insurance represen-
tative shall not be deemed to have waived the privilege created by  this
section.
  S 2. This act shall take effect immediately.