S T A T E O F N E W Y O R K
________________________________________________________________________
4703
2025-2026 Regular Sessions
I N A S S E M B L Y
February 4, 2025
___________
Introduced by M. of A. SEMPOLINSKI -- 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] SPOUSES, as set forth in section forty-five
hundred two of the civil practice law and rules, nor the physician-pa-
tient 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 admis-
sible. 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.
LBD07523-01-5
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