S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2224
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 23, 2019
                                ___________
 
 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.
              

                                                            LBD08146-01-9

 S. 2224                             2
 
 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.

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2224--A
     Cal. No. 141
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 23, 2019
                                ___________
 
 Introduced  by Sens. SANDERS, HOYLMAN -- read twice and ordered printed,
   and when printed to be committed to  the  Committee  on  Judiciary  --
   reported  favorably  from  said committee, ordered to first and second
   report, ordered to a third reading,  amended  and  ordered  reprinted,
   retaining its place in the order of third reading
 
 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.
              

                                                            LBD08146-02-9

 S. 2224--A                          2
 
 incest  or  attempts to commit sexual offenses, sexual abuse, or incest,
 as defined in the penal law; OR
   (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 ANY RESIDENTIAL  OR  NON-RESIDEN-
 TIAL  PROGRAM  OPERATED  BY A NOT-FOR-PROFIT, NON-GOVERNMENTAL ORGANIZA-
 TION, OR TRIBAL ORGANIZATION, FOR THE PURPOSE OF PROVIDING SERVICES  FOR
 VICTIMS OF DOMESTIC VIOLENCE.
   5.  "DOMESTIC  VIOLENCE ADVOCATE" MEANS ANY PERSON WHO IS ACTING UNDER
 THE DIRECTION AND SUPERVISION OF A CERTIFIED DOMESTIC  VIOLENCE  PROGRAM
 AND  HAS  SATISFIED  THE  TRAINING STANDARDS SPECIFIED IN 18 NYCRR PARTS
 453, 454, 455, AND 462.
   (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.