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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Bill Amendments

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

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.
              

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

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-S4649A (ACTIVE) - Sponsor Memo

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
              

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