Assembly Bill A7775

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7775
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 20, 2019
                                ___________
 
 Introduced  by  M.  of  A.  WEINSTEIN  --  read once and referred 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, AS ADDED BY CHAPTER 432  OF  THE  LAWS  OF
 1993,  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, AS ADDED BY CHAPTER 432 OF THE LAWS OF 1993, and who,
 regardless  of  compensation,  is  acting under the direction and super-
 vision 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

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

                                                            LBD08146-04-9

 A. 7775                             2
 
   (II) ANY VICTIM OF  DOMESTIC  VIOLENCE  AS  DEFINED  IN  SECTION  FOUR
 HUNDRED FIFTY-NINE-A OF THE SOCIAL SERVICES LAW.
   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 OR ANY SIMILAR PROGRAM OPERATED BY AN INDIAN TRIBE,
 AS DEFINED BY SECTION TWO OF THE INDIAN LAW.
   5. "DOMESTIC VIOLENCE ADVOCATE" MEANS ANY PERSON WHO IS  ACTING  UNDER
 THE  DIRECTION  AND  SUPERVISION  OF  A  LICENSED  AND APPROVED DOMESTIC
 VIOLENCE PROGRAM AND HAS SATISFIED THE TRAINING  STANDARDS  REQUIRED  BY
 THE OFFICE OF CHILDREN AND FAMILY SERVICES.
   (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.  THAT A DOMESTIC VIOLENCE ADVOCATE SHALL NOT BE REQUIRED  TO  TREAT
 AS  CONFIDENTIAL  A  COMMUNICATION  BY  A CLIENT WHICH REVEALS A CASE OF
 SUSPECTED CHILD ABUSE OR MALTREATMENT PURSUANT TO TITLE SIX  OF  ARTICLE
 SIX OF THE SOCIAL SERVICES LAW;
   4.  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]
 IF  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 PROVIDES
 THE RAPE CRISIS COUNSELOR OR DOMESTIC VIOLENCE ADVOCATE  WITH  INFORMED,
 WRITTEN AND REASONABLY TIME-LIMITED CONSENT.
   (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.