Bill Text: NY S01606 | 2015-2016 | General Assembly | Amended

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Bill Title: Relates to judicial wellness and assistance committees.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Engrossed - Dead) 2016-06-17 - SUBSTITUTED BY A10071 [S01606 Detail]

Download: New_York-2015-S01606-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                         1606--B
                               2015-2016 Regular Sessions
                    IN SENATE
                                    January 13, 2015
                                       ___________
        Introduced  by  Sen. BONACIC -- read twice and ordered printed, and when
          printed to be committed to the Committee on Judiciary  --  recommitted
          to the Committee on Judiciary in accordance with Senate Rule 6, sec. 8
          --  committee  discharged,  bill amended, ordered reprinted as amended
          and recommitted  to  said  committee  --  committee  discharged,  bill
          amended,  ordered reprinted as amended and recommitted to said commit-
          tee
        AN ACT to amend the judiciary law, in relation to judicial  wellness  or
          assistance committees
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. The judiciary law is amended by adding a new  article  22-A
     2  to read as follows:
     3                                ARTICLE 22-A
     4                 JUDICIAL WELLNESS OR ASSISTANCE COMMITTEES
     5  Section 857. Judicial wellness or assistance committees.
     6    §  857.  Judicial  wellness  or assistance committees. 1. Confidential
     7  information privileged. The confidential  relations  and  communications
     8  between  a  member or authorized agent of a judicial wellness or assist-
     9  ance committee sponsored by a state or local  bar  association  and  any
    10  person,  firm  or  corporation  communicating  with  such committee, its
    11  members or authorized agents, shall be deemed to be  privileged  on  the
    12  same  basis  as  those provided by law between attorney and client. Such
    13  privilege may be waived only by the person, firm  or  corporation  which
    14  has  furnished  information  to  the committee. This privilege shall not
    15  extend to information received by a judge or lawyer serving as a  member
    16  of  a  judicial wellness or assistance committee that a judge is commit-
    17  ting or is likely to commit a substantial violation of the rules govern-
    18  ing judicial conduct.
    19    2. Immunity from liability. Any person, firm or  corporation  in  good
    20  faith providing information to, or in any other way participating in the
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03328-04-6
        S. 1606--B                          2
     1  affairs of, any of the committees referred to in subdivision one of this
     2  section shall be immune from civil liability that might otherwise result
     3  by  reason  of such conduct. For the purpose of any proceeding, the good
     4  faith of any such person, firm or corporation shall be presumed.
     5    § 2. This act shall take effect immediately.