Senate Bill S1789

Signed By Governor
2021-2022 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

Sponsored By

Archive: Last Bill Status - Signed by Governor


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2021-S1789 (ACTIVE) - Details

See Assembly Version of this Bill:
A2520
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd §4510, CPLR
Versions Introduced in Other Legislative Sessions:
2015-2016: S6569
2017-2018: S4649
2019-2020: S2224, A7775

2021-S1789 (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.

2021-S1789 (ACTIVE) - Sponsor Memo

2021-S1789 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1789
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 15, 2021
                                ___________
 
 Introduced  by  Sens.  SANDERS, HARCKHAM, HOYLMAN, KAPLAN, KENNEDY, LIU,
   SKOUFIS -- 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, 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.
   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.
                                                            LBD00042-01-1
              

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