NY State Senate Bill S2224B

senate Bill S2224B

2019-2020 Legislative Session

Establishes that domestic violence advocates may not disclose any communication made by a client to the advocate except in certain circumstances

download bill text pdf

Current Bill Status - Passed Senate

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Signed/Vetoed by Governor

Your Voice

Please enter your contact information

First Name *

Last Name *

Email Address *

A valid email address is required.

Home address search or enter your address manually *

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Leave this field blank

Actions

view actions (9)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 14, 2019	referred to judiciary delivered to assembly passed senate
May 08, 2019	amended on third reading 2224b
May 06, 2019	amended on third reading 2224a
Feb 26, 2019	advanced to third reading
Feb 12, 2019	2nd report cal.
Feb 11, 2019	1st report cal.141
Jan 23, 2019	referred to judiciary

Votes

view votes

May 14, 2019 - floor Vote

S2224B

floor

Aye

Nay

Absent

Excused

Abstained

Feb 11, 2019 - Judiciary committee Vote

S2224

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Bill Amendments

Original

B (Active)

Original

B (Active)

Co-Sponsors

S2224 - Details

See Assembly Version of this Bill:: A7775
Current Committee:: Assembly Judiciary
Law Section:: Civil Practice Law and Rules
Laws Affected:: Amd §4510, CPLR
Versions Introduced in Other Legislative Sessions:: 2015-2016: S6569
2017-2018: S4649

S2224 - 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.

S2224 - Sponsor Memo

 
BILL NUMBER: S2225

SPONSOR: SANDERS
 
TITLE OF BILL:

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 circumstances

 
PURPOSE:

To establish in the law a domestic violence advocate-victim privilege.

 
SUMMARY OF PROVISIONS:

Section 1 amends 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, to add
definitions for "domestic violence program" and "domestic violence advo-
cate" and provide that the rape crisis counselor-victim privilege is
extended to domestic violence advocates.

A domestic violence advocate shall not be required to disclose confiden-
tial communications made by a domestic violence victim, except in the
usual situations the law provides, such as communications revealing
intent to commit a crime or harmful act, or when the privilege is waived
by the victim.

Section 2 provides this act shall take effect immediately.

 
EXISTING LAW:

The privilege currently applies to rape crisis counselors.

 
JUSTIFICATION:

Domestic violence is as serious an issue as sexual assault. In both
situations, the victim is traumatized and often reluctant to speak
candidly about their experience. Providing a domestic violence advo-
cate-victim privilege - as we already provide a rape crisis counselor-
victim privilege - will encourage more open, honest and healthy communi-
cation between domestic violence victims and their counselors.

 
LEGISLATIVE HISTORY:

02/27/16 Referred to Judiciary

 
FISCAL IMPLICATIONS:

None

 
LOCAL FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
This act shall take effect immediately.

S2224 - Bill Text download pdf


                    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.

Co-Sponsors

S2224A - Details

See Assembly Version of this Bill:: A7775
Current Committee:: Assembly Judiciary
Law Section:: Civil Practice Law and Rules
Laws Affected:: Amd §4510, CPLR
Versions Introduced in Other Legislative Sessions:: 2015-2016: S6569
2017-2018: S4649

S2224A - Summary

S2224A - Sponsor Memo

 
BILL NUMBER: S2224A

SPONSOR: SANDERS
 
TITLE OF BILL:  An act to amend the civil practice law and rules, in
relation to establishing that domestic violence advocates may not
disclose any communication made by a client to the advocate except in
certain circumstances

 
PURPOSE:

To establish in the law a domestic violence advocate-victim privilege.

 
SUMMARY OF PROVISIONS:

Section 1 amends 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, to add
definitions for "domestic violence program" and "domestic violence advo-
cate" and provide that the rape crisis counselor-victim privilege is
extended to domestic violence advocates.

A domestic violence advocate shall not be required to disclose confiden-
tial communications made by a domestic violence victim, except in the
usual situations the law provides, such as communications revealing
intent to commit a crime or harmful act, or when the privilege is waived
by the victim.

Section 2 provides this act shall take effect immediately.

 
EXISTING LAW:

The privilege currently applies to rape crisis counselors.

 
JUSTIFICATION:

Domestic violence is as serious an issue as sexual assault. In both
situations, the victim is traumatized and often reluctant to speak
candidly about their experience. Providing a domestic violence advo-
cate-victim privilege - as we already provide a rape crisis counselor-
victim privilege - will encourage more open, honest and healthy communi-
cation between domestic violence victims and their counselors.

 
LEGISLATIVE HISTORY:

2016: S6569/referred to Judiciary
2017: S4649/referred to Judiciary
2018: S4649-A/referred to Judiciary

 
FISCAL IMPLICATIONS:

None

 
LOCAL FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
This act shall take effect immediately.

S2224A - Bill Text download pdf


                    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.

Co-Sponsors

S2224B (ACTIVE) - Details

See Assembly Version of this Bill:: A7775
Current Committee:: Assembly Judiciary
Law Section:: Civil Practice Law and Rules
Laws Affected:: Amd §4510, CPLR
Versions Introduced in Other Legislative Sessions:: 2015-2016: S6569
2017-2018: S4649

S2224B (ACTIVE) - Summary

S2224B (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S2224B

SPONSOR: SANDERS
 
TITLE OF BILL:  An act to amend the civil practice law and rules, in
relation to establishing that domestic violence advocates may not
disclose any communication made by a client to the advocate except in
certain circumstances

 
PURPOSE:

To establish in the law a domestic violence advocate-victim privilege.

 
SUMMARY OF PROVISIONS:

Section 1 amends 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, to add
definitions for "domestic violence program" and "domestic violence advo-
cate" and provide that the rape crisis counselor-victim privilege is
extended to domestic violence advocates.

A domestic violence advocate shall not be required to disclose confiden-
tial communications made by a domestic violence victim, except in the
usual situations the law provides, such as communications revealing
intent to commit a crime or harmful act, or when the privilege is waived
by the victim.

Section 2 provides this act shall take effect immediately.

 
EXISTING LAW:

The privilege currently applies to rape crisis counselors.

 
JUSTIFICATION:

Domestic violence is as serious an issue as sexual assault. In both
situations, the victim is traumatized and often reluctant to speak
candidly about their experience. Providing a domestic violence advo-
cate-victim privilege - as we already provide a rape crisis counselor-
victim privilege - will encourage more open, honest and healthy communi-
cation between domestic violence victims and their counselors.

 
LEGISLATIVE HISTORY:

2016: S6569/referred to Judiciary 2017: S4649/referred to Judiciary
2018: S4649-A/referred to Judiciary

 
FISCAL IMPLICATIONS:

None

 
LOCAL FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
This act shall take effect immediately.

S2224B (ACTIVE) - Bill Text download pdf


                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 2224--B
    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 -- again 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, 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.

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

                                                           LBD08146-03-9

S. 2224--B                          2

  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  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.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.

The New York State Senate

senate Bill S2224B

Sponsored By

Current Bill Status - Passed Senate

Your Voice

Actions

Votes

May 14, 2019 - floor Vote

Floor Vote: May 14, 2019

Feb 11, 2019 - Judiciary committee Vote

Committee Vote: Feb 11, 2019

Bill Amendments

Co-Sponsors

S2224 - Details

S2224 - Summary

S2224 - Sponsor Memo

S2224 - Bill Text download pdf

Co-Sponsors

S2224A - Details

S2224A - Summary

S2224A - Sponsor Memo

S2224A - Bill Text download pdf

Co-Sponsors

S2224B (ACTIVE) - Details

S2224B (ACTIVE) - Summary

S2224B (ACTIVE) - Sponsor Memo

S2224B (ACTIVE) - Bill Text download pdf

Comments

senate Bill S2224B

Share this bill

Sponsored By

Current Bill Status - Passed Senate

Your Voice

Actions

Votes

May 14, 2019 - floor Vote

Floor Vote: May 14, 2019

Feb 11, 2019 - Judiciary committee Vote

Committee Vote: Feb 11, 2019

Bill Amendments

Co-Sponsors

S2224 - Details

S2224 - Summary

S2224 - Sponsor Memo

S2224 - Bill Text download pdf

Co-Sponsors

S2224A - Details

S2224A - Summary

S2224A - Sponsor Memo

S2224A - Bill Text download pdf

Co-Sponsors

S2224B (ACTIVE) - Details

S2224B (ACTIVE) - Summary

S2224B (ACTIVE) - Sponsor Memo

S2224B (ACTIVE) - Bill Text download pdf

Comments