|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jan 08, 2020||referred to children and families|
|Sep 20, 2019||referred to rules|
senate Bill S6736
Archive: Last Bill Status - In Senate Committee Children And Families Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
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
BILL NUMBER: S6736 SPONSOR: CARLUCCI TITLE OF BILL: 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 PURPOSE: To establish a statewide batterer intervention program and require judg- es to take certain criminal convictions into consideration when deter- mining custody SUMMARY OF PROVISIONS: Section 1: Adds a new paragraph (ix) that delineates what types of domestic violence convictions can be taken into account when determining family court decisions. It also provides that any parent undergoing mandatory batterer specific rehabilitation measures shall only be grant- ed supervised visitation.
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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