Senate Bill S4649A

2017-2018 Legislative Session

Establishes that domestic violence advocates may not disclose any communication made by a client to the advocate except in certain circumstances

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Archive: Last Bill Status - In Senate Committee Judiciary 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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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 08, 2018	print number 4649a
Jun 08, 2018	amend and recommit to judiciary
Jan 03, 2018	referred to judiciary
Feb 23, 2017	referred to judiciary

Bill Amendments

Original

A (Active)

2017-S4649 - Details

Current Committee:: Senate Judiciary
Law Section:: Civil Practice Law and Rules
Laws Affected:: Amd §4510, CPLR
Versions Introduced in Other Legislative Sessions:: 2015-2016: S6569
2019-2020: S2224
2021-2022: S1789

2017-S4649 - Summary

Establishes that domestic violence advocates may not disclose any communication made by a client to the advocate except in certain circumstances including after the consent of the client or if the client reveals an intent to commit a crime.

2017-S4649 - Sponsor Memo

                                 BILL NUMBER:  S4649

 TITLE OF BILL :  An act to amend the civil practice law and rules, in
relation to establishing that domestic violence advocates may not
disclose any communication made by a client to the advocate except in
certain circumstances

 PURPOSE :

To establish in the law a domestic violence advocate-victim privilege.

 SUMMARY OF PROVISIONS :

Section 1 amends 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,
to add definitions for "domestic violence program" and "domestic
violence advocate" and provide that the rape crisis counselor-victim
privilege is extended to domestic violence advocates.

A domestic violence advocate shall not be required to disclose
confidential communications made by a domestic violence victim, except
in the usual situations the law provides, such as communications
revealing intent to commit a crime or harmful act, or when the
privilege is waived by the victim.

Section 2 provides this act shall take effect immediately.

 EXISTING LAW :

The privilege currently applies to rape crisis counselors.

 JUSTIFICATION :

Domestic violence is as serious an issue as sexual assault. In both
situations, the victim is traumatized and often reluctant to speak
candidly about their experience. Providing a domestic violence
advocate-victim privilege - as we already provide a rape crisis
counselor- victim privilege - will encourage more open, honest and
healthy communication between domestic violence victims and their
counselors.

 LEGISLATIVE HISTORY :

02/27/16 Referred to Judiciary

 FISCAL IMPLICATIONS :

None

 LOCAL FISCAL IMPLICATIONS :

None

 EFFECTIVE DATE :
This act shall take effect immediately.

2017-S4649 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4649
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             February 23, 2017
                                ___________
 
 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:
   § 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

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

                                                            LBD02029-01-7

 S. 4649                             2
 
 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.
   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.
   § 2. This act shall take effect immediately.

2017-S4649A (ACTIVE) - Details

Current Committee:: Senate Judiciary
Law Section:: Civil Practice Law and Rules
Laws Affected:: Amd §4510, CPLR
Versions Introduced in Other Legislative Sessions:: 2015-2016: S6569
2019-2020: S2224
2021-2022: S1789

2017-S4649A (ACTIVE) - Summary

2017-S4649A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S4649A

SPONSOR: SANDERS
 
TITLE OF BILL:

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 circumstances

 
PURPOSE:

To establish in the law a domestic violence advocate-victim privilege.

 
SUMMARY OF PROVISIONS:

Section 1 amends 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, to add
definitions for "domestic violence program" and "domestic violence advo-
cate" and provide that the rape crisis counselor-victim privilege is
extended to domestic violence advocates.

A domestic violence advocate shall not be required to disclose confiden-
tial communications made by a domestic violence victim, except in the
usual situations the law provides, such as communications revealing
intent to commit a crime or harmful act, or when the privilege is waived
by the victim.

Section 2 provides this act shall take effect immediately.

 
EXISTING LAW:

The privilege currently applies to rape crisis counselors.

 
JUSTIFICATION:

Domestic violence is as serious an issue as sexual assault. In both
situations, the victim is traumatized and often reluctant to speak
candidly about their experience. Providing a domestic violence advo-
cate-victim privilege - as we already provide a rape crisis counselor-
victim privilege - will encourage more open, honest and healthy communi-
cation between domestic violence victims and their counselors.

 
LEGISLATIVE HISTORY:

02/27/16 Referred to Judiciary

 
FISCAL IMPLICATIONS:

None

 
LOCAL FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
This act shall take effect immediately.

2017-S4649A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4649--A
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             February 23, 2017
                                ___________
 
 Introduced  by  Sen. SANDERS -- read twice and ordered printed, and when
   printed to be committed to the Committee on Judiciary  --  recommitted
   to the Committee on Judiciary in accordance with Senate Rule 6, sec. 8
   --  committee  discharged,  bill amended, ordered reprinted as amended
   and recommitted to said committee

 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:
   § 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,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02029-02-8

 S. 4649--A                          2
 
 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, WHICH SHALL INCLUDE ACTS THAT  WOULD  CONSTI-
 TUTE  A  VIOLENT  FELONY  OFFENSE  AS ENUMERATED IN SECTION 70.02 OF THE
 PENAL LAW OR A FAMILY  OFFENSE  AS  ENUMERATED  IN  SUBDIVISION  ONE  OF
 SECTION  EIGHT HUNDRED TWELVE OF THE FAMILY COURT ACT THAT IS ALLEGED TO
 HAVE BEEN COMMITTED BY A MEMBER OF THE  SAME  FAMILY  OR  HOUSEHOLD,  AS
 DEFINED IN SUBDIVISION ONE OF SECTION EIGHT HUNDRED TWELVE OF THE FAMILY
 COURT  ACT,  WHETHER OR NOT THE VICTIM SEEKS OR RECEIVES SERVICES WITHIN
 THE CRIMINAL JUSTICE SYSTEM.
   4. "DOMESTIC VIOLENCE PROGRAM" MEANS A RESIDENTIAL PROGRAM FOR VICTIMS
 OF DOMESTIC VIOLENCE OR A NON-RESIDENTIAL PROGRAM FOR VICTIMS OF  DOMES-
 TIC  VIOLENCE  AS  DEFINED  IN  SECTION FOUR HUNDRED FIFTY-NINE-A OF THE
 SOCIAL SERVICES LAW.
   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.
   § 2. This act shall take effect immediately.

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Senate Bill S4649A

Sponsored By

Archive: Last Bill Status - In Senate Committee Judiciary Committee

Actions

Bill Amendments

2017-S4649 - Details

2017-S4649 - Summary

2017-S4649 - Sponsor Memo

2017-S4649 - Bill Text download pdf

2017-S4649A (ACTIVE) - Details

2017-S4649A (ACTIVE) - Summary

2017-S4649A (ACTIVE) - Sponsor Memo

2017-S4649A (ACTIVE) - Bill Text download pdf

Comments

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Sponsored By

James Sanders Jr.

Archive: Last Bill Status - In Senate Committee Judiciary Committee

Actions

Bill Amendments

2017-S4649 - Details

2017-S4649 - Summary

2017-S4649 - Sponsor Memo

2017-S4649 - Bill Text download pdf

2017-S4649A (ACTIVE) - Details

2017-S4649A (ACTIVE) - Summary

2017-S4649A (ACTIVE) - Sponsor Memo

2017-S4649A (ACTIVE) - Bill Text download pdf

Comments