senate Bill S3869A

2019-2020 Legislative Session

Relates to factoring domestic violence convictions into certain family court decisions

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Children And Families Committee


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

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Actions

view actions (4)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2020 referred to children and families
Mar 07, 2019 print number 3869a
Mar 07, 2019 amend and recommit to children and families
Feb 20, 2019 referred to children and families

S3869 - Details

See Assembly Version of this Bill:
A7239
Current Committee:
Senate Children And Families
Law Section:
Family Court Act
Laws Affected:
Amd §1046, Fam Ct Act
Versions Introduced in 2021-2022 Legislative Session:
A6404

S3869 - Summary

Factors domestic violence convictions into family court decisions regarding visitation, custody and parental rights; provides that any parent undergoing mandatory, batterer specific rehabilitation measures shall only be granted supervised visitation.

S3869 - Sponsor Memo

S3869 - Bill Text download pdf


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

                                  3869

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                            February 20, 2019
                               ___________

Introduced  by Sen. CARLUCCI -- read twice and ordered printed, and when
  printed to be committed to the Committee on Children and Families

AN ACT to amend the family court act, in relation to factoring  domestic
  violence convictions into family court decisions regarding visitation,
  custody and parental rights

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Paragraphs (vii) and (viii) of subdivision (a)  of  section
1046  of the family court act, paragraph (vii) as amended by chapter 432
of the laws of 1993, paragraph (viii) as added by chapter  1015  of  the
laws  of  1972, are amended and a new paragraph (ix) is added to read as
follows:
  (vii) neither the privilege attaching to  confidential  communications
between husband and wife, as set forth in section forty-five hundred two
of  the  civil  practice  law  and  rules, nor the physician-patient and
related privileges, as set forth in section forty-five hundred  four  of
the civil practice law and rules, nor the psychologist-client privilege,
as  set  forth in section forty-five hundred seven of the civil practice
law and rules, nor the social worker-client privilege, as set  forth  in
section  forty-five  hundred  eight of the civil practice law and rules,
nor the rape crisis counselor-client privilege, as set forth in  section
forty-five  hundred  ten of the civil practice law and rules, shall be a
ground for excluding evidence which otherwise  would  be  admissible[.];
AND
  (viii) proof of the "impairment of emotional health" or "impairment of
mental  or  emotional  condition"  as  a  result of the unwillingness or
inability of the respondent to exercise a minimum degree of care  toward
a  child  may  include  competent  opinion  or  expert testimony and may
include proof that such impairment lessened during  a  period  when  the
child  was  in  the  care,  custody or supervision of a person or agency
other than the respondent[.]; AND

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

Co-Sponsors

S3869A (ACTIVE) - Details

See Assembly Version of this Bill:
A7239
Current Committee:
Senate Children And Families
Law Section:
Family Court Act
Laws Affected:
Amd §1046, Fam Ct Act
Versions Introduced in 2021-2022 Legislative Session:
A6404

S3869A (ACTIVE) - Summary

Factors domestic violence convictions into family court decisions regarding visitation, custody and parental rights; provides that any parent undergoing mandatory, batterer specific rehabilitation measures shall only be granted supervised visitation.

S3869A (ACTIVE) - Sponsor Memo

S3869A (ACTIVE) - Bill Text download pdf


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

                                 3869--A

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                            February 20, 2019
                               ___________

Introduced  by Sen. CARLUCCI -- read twice and ordered printed, and when
  printed to be committed to the Committee on Children and  Families  --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee

AN ACT to amend the family court act, in relation to factoring  domestic
  violence convictions into family court decisions regarding visitation,
  custody and parental rights

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Paragraphs (vii) and (viii) of subdivision (a)  of  section
1046  of the family court act, paragraph (vii) as amended by chapter 432
of the laws of 1993, paragraph (viii) as added by chapter  1015  of  the
laws  of  1972, are amended and a new paragraph (ix) is added to read as
follows:
  (vii) neither the privilege attaching to  confidential  communications
between husband and wife, as set forth in section forty-five hundred two
of  the  civil  practice  law  and  rules, nor the physician-patient and
related privileges, as set forth in section forty-five hundred  four  of
the civil practice law and rules, nor the psychologist-client privilege,
as  set  forth in section forty-five hundred seven of the civil practice
law and rules, nor the social worker-client privilege, as set  forth  in
section  forty-five  hundred  eight of the civil practice law and rules,
nor the rape crisis counselor-client privilege, as set forth in  section
forty-five  hundred  ten of the civil practice law and rules, shall be a
ground for excluding evidence which otherwise  would  be  admissible[.];
AND
  (viii) proof of the "impairment of emotional health" or "impairment of
mental  or  emotional  condition"  as  a  result of the unwillingness or
inability of the respondent to exercise a minimum degree of care  toward
a  child  may  include  competent  opinion  or  expert testimony and may
include proof that such impairment lessened during  a  period  when  the

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

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