Bill Text: NY A06606 | 2017-2018 | General Assembly | Introduced

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Bill Title: Relates to the waiver of privileges.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Engrossed - Dead) 2018-03-20 - REFERRED TO JUDICIARY [A06606 Detail]

Download: New_York-2017-A06606-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          6606
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                      March 9, 2017
                                       ___________
        Introduced by M. of A. WRIGHT, WEINSTEIN -- (at request of the Office of
          Court  Administration)  --  read once and referred to the Committee on
          Judiciary
        AN ACT to amend the civil practice law and rules,  in  relation  to  the
          waiver of privileges
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. The civil practice law and rules is amended by adding a new
     2  section 4550 to read as follows:
     3    § 4550. Scope of waiver of privileges. (a) When disclosure is made  in
     4  an  action or to a government office or agency that waives any privilege
     5  provided in this article, or any privilege  under  subdivision  (c)  and
     6  paragraph  two  of subdivision (d) of section three thousand one hundred
     7  one of this chapter, the waiver extends to an undisclosed  communication
     8  or information only if: (1) the waiver is intentional; (2) the disclosed
     9  and  undisclosed  communications or information concern the same subject
    10  matter; and (3) the disclosed and undisclosed  communications  ought  in
    11  fairness to be considered together.
    12    (b)  When  made  in  an  action or to a government office or agency, a
    13  disclosure does not waive any privilege provided in this article, or any
    14  privilege under subdivision (c) and paragraph two of subdivision (d)  of
    15  section  three  thousand  one  hundred  one of this chapter, if: (1) the
    16  disclosure is inadvertent; (2) the holder of the privilege or protection
    17  took reasonable steps to prevent disclosure; and (3) the holder  of  the
    18  privilege  or  protection  took  reasonable  steps  to rectify the error
    19  unless the party in possession of the disclosure  demonstrates  that  it
    20  will be unduly prejudiced by the nullification of the waiver.
    21    §  2. This act shall take effect on the first of January next succeed-
    22  ing the date on which it shall have become a law, and shall apply to all
    23  actions pending on or commenced on or after such effective date.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06758-01-7