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

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Sponsored By

Current Bill Status - Passed Senate


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

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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

Co-Sponsors

S2224 (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

S2224 (ACTIVE) - 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 (ACTIVE) - Sponsor Memo

S2224 (ACTIVE) - 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.

Co-Sponsors

S2224A (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

S2224A (ACTIVE) - 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.

S2224A (ACTIVE) - Sponsor Memo

S2224A (ACTIVE) - 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.

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

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.

S2224B (ACTIVE) - Sponsor Memo

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.

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