Assembly Bill A2399

2023-2024 Legislative Session

Relates to admissible evidence in court proceedings to secure an order of protection

download bill text pdf

Sponsored By

Current Bill Status - In Assembly Committee

  • 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

Do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.
Actions

2023-A2399 (ACTIVE) - Details

Current Committee:
Assembly Judiciary
Law Section:
Family Court Act
Laws Affected:
Amd §1046, Fam Ct Act
Versions Introduced in Other Legislative Sessions:
2017-2018: A8814
2019-2020: A5746
2021-2022: A8388

2023-A2399 (ACTIVE) - Summary

Clarifies that in child protective proceedings and permanency hearings for children placed out of their homes, the social worker-client privilege shall not be a ground for excluding evidence in a hearing to secure an order of protection.

2023-A2399 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2399
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 26, 2023
                                ___________
 
 Introduced  by  M.  of  A. J. M. GIGLIO -- read once and referred to the
   Committee on Judiciary
 
 AN ACT to amend the family court act, in relation to admissible evidence
   in court proceedings to secure an order of protection
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  Paragraph (vii) of subdivision (a) of section 1046 of the
 family court act, as amended by chapter 432 of  the  laws  of  1993,  is
 amended 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.
 SPECIFICALLY, THE SOCIAL WORKER-CLIENT PRIVILEGE SHALL NOT BE  A  GROUND
 FOR  EXCLUDING  EVIDENCE  WHICH WOULD OTHERWISE BE ADMISSIBLE IN A COURT
 HEARING TO SECURE AN ORDER OF PROTECTION.
   § 2. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05373-01-3

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.