S T A T E O F N E W Y O R K
________________________________________________________________________
7655
I N S E N A T E
February 5, 2018
___________
Introduced by Sens. PHILLIPS, YOUNG -- read twice and ordered printed,
and when printed to be committed to the Committee on Children and
Families
AN ACT to amend the family court act, in relation to admissible evidence
in court proceedings to secure an order of protection
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph (vii) of subdivision (a) of section 1046 of the
family court act, as amended by chapter 432 of the laws of 1993, is
amended to read as follows:
(vii) neither the privilege attaching to confidential communications
between husband and wife, as set forth in section forty-five hundred two
of the civil practice law and rules, nor the physician-patient and
related privileges, as set forth in section forty-five hundred four of
the civil practice law and rules, nor the psychologist-client privilege,
as set forth in section forty-five hundred seven of the civil practice
law and rules, nor the social worker-client privilege, as set forth in
section forty-five hundred eight of the civil practice law and rules,
nor the rape crisis counselor-client privilege, as set forth in section
forty-five hundred ten of the civil practice law and rules, shall be a
ground for excluding evidence which otherwise would be admissible.
SPECIFICALLY, THE SOCIAL WORKER-CLIENT PRIVILEGE SHALL NOT BE A GROUND
FOR EXCLUDING EVIDENCE WHICH WOULD OTHERWISE BE ADMISSIBLE IN A COURT
HEARING TO SECURE AN ORDER OF PROTECTION.
§ 2. This act shall take effect on the ninetieth day after it shall
have become a law.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13686-01-7