Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 08, 2020 |
referred to judiciary |
May 13, 2019 |
referred to judiciary |
Assembly Bill A7596
2019-2020 Legislative Session
Sponsored By
WRIGHT
Archive: Last Bill Status - In Assembly 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
Actions
co-Sponsors
Jeffrey Dinowitz
2019-A7596 (ACTIVE) - Details
- Current Committee:
- Assembly Judiciary
- Law Section:
- Civil Practice Law and Rules
- Laws Affected:
- Add §4550, CPLR
2019-A7596 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 7596 2019-2020 Regular Sessions I N A S S E M B L Y May 13, 2019 ___________ Introduced by M. of A. WRIGHT, DINOWITZ -- (at request of the Office of Court Administration) -- read once and referred to the Committee on Judiciary AN ACT to amend the civil practice law and rules, in relation to the waiver of privileges THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The civil practice law and rules is amended by adding a new section 4550 to read as follows: § 4550. SCOPE OF WAIVER OF PRIVILEGES. (A) WHEN DISCLOSURE IS MADE IN AN ACTION OR TO A GOVERNMENT OFFICE OR AGENCY THAT WAIVES ANY PRIVILEGE PROVIDED IN THIS ARTICLE, OR ANY PRIVILEGE UNDER SUBDIVISION (C) AND PARAGRAPH TWO OF SUBDIVISION (D) OF SECTION THREE THOUSAND ONE HUNDRED ONE OF THIS CHAPTER, THE WAIVER EXTENDS TO AN UNDISCLOSED COMMUNICATION OR INFORMATION ONLY IF: (1) THE WAIVER IS INTENTIONAL; (2) THE DISCLOSED AND UNDISCLOSED COMMUNICATIONS OR INFORMATION CONCERN THE SAME SUBJECT MATTER; AND (3) THE DISCLOSED AND UNDISCLOSED COMMUNICATIONS OUGHT IN FAIRNESS TO BE CONSIDERED TOGETHER. (B) WHEN MADE IN AN ACTION OR TO A GOVERNMENT OFFICE OR AGENCY, A DISCLOSURE DOES NOT WAIVE ANY PRIVILEGE PROVIDED IN THIS ARTICLE, OR ANY PRIVILEGE UNDER SUBDIVISION (C) AND PARAGRAPH TWO OF SUBDIVISION (D) OF SECTION THREE THOUSAND ONE HUNDRED ONE OF THIS CHAPTER, IF: (1) THE DISCLOSURE IS INADVERTENT; (2) THE HOLDER OF THE PRIVILEGE OR PROTECTION TOOK REASONABLE STEPS TO PREVENT DISCLOSURE; AND (3) THE HOLDER OF THE PRIVILEGE OR PROTECTION TOOK REASONABLE STEPS TO RECTIFY THE ERROR UNLESS THE PARTY IN POSSESSION OF THE DISCLOSURE DEMONSTRATES THAT IT WILL BE UNDULY PREJUDICED BY THE NULLIFICATION OF THE WAIVER. § 2. This act shall take effect on the first of January next succeed- ing the date on which it shall have become a law, and shall apply to all actions pending on or commenced on or after such effective date. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD11631-01-9
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