senate Bill S6736

2019-2020 Legislative Session

Relates to factoring domestic violence convictions into family court decisions regarding visitation, custody and parental rights

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 (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2020 referred to children and families
Sep 20, 2019 referred to rules

S6736 (ACTIVE) - Details

Current Committee:
Senate Children And Families
Law Section:
Family Court Act
Laws Affected:
Amd §1046, add §842-b, Fam Ct Act

S6736 (ACTIVE) - Summary

Relates to factoring domestic violence convictions into family court decisions regarding visitation, custody and parental rights; establishes the batterer intervention program where the court may order the defendant to receive professional domestic violence counseling from either a private source or a source appointed by the court and require the defendant to provide the court with documentation of attendance.

S6736 (ACTIVE) - Sponsor Memo

S6736 (ACTIVE) - Bill Text download pdf


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

                                  6736

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                           September 20, 2019
                               ___________

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

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 and establishing the batterer intervention
  program

  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.
                                                           LBD13826-01-9

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