Bill Text: NY S04649 | 2017-2018 | General Assembly | Amended
Bill Title: 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.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2018-06-08 - PRINT NUMBER 4649A [S04649 Detail]
Download: New_York-2017-S04649-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 4649--A 2017-2018 Regular Sessions IN SENATE February 23, 2017 ___________ Introduced by Sen. SANDERS -- 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 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: 1 Section 1. Section 4510 of the civil practice law and rules, as added 2 by chapter 432 of the laws of 1993 and subdivision (d) as amended by 3 section 49 of part A-1 of chapter 56 of the laws of 2010, is amended to 4 read as follows: 5 § 4510. Rape crisis counselor or domestic violence advocate. (a) 6 Definitions. When used in this section, the following terms shall have 7 the following meanings: 8 1. "Rape crisis program" means any office, institution or center which 9 has been approved pursuant to subdivision fifteen of section two hundred 10 six of the public health law, offering counseling and assistance to 11 clients concerning sexual offenses, sexual abuses or incest. 12 2. "Rape crisis counselor" means any person who has been certified by 13 an approved rape crisis program as having satisfied the training stand- 14 ards specified in subdivision fifteen of section two hundred six of the 15 public health law, and who, regardless of compensation, is acting under 16 the direction and supervision of an approved rape crisis program. 17 3. "Client" means (i) any person who is seeking or receiving the 18 services of a rape crisis counselor for the purpose of securing coun- 19 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. LBD02029-02-8S. 4649--A 2 1 incest or attempts to commit sexual offenses, sexual abuse, or incest, 2 as defined in the penal law; or 3 (ii) any person who is seeking or receiving assistance from a domestic 4 violence advocate for the purpose of securing services concerning any 5 acts of domestic violence, which shall include acts that would consti- 6 tute a violent felony offense as enumerated in section 70.02 of the 7 penal law or a family offense as enumerated in subdivision one of 8 section eight hundred twelve of the family court act that is alleged to 9 have been committed by a member of the same family or household, as 10 defined in subdivision one of section eight hundred twelve of the family 11 court act, whether or not the victim seeks or receives services within 12 the criminal justice system. 13 4. "Domestic violence program" means a residential program for victims 14 of domestic violence or a non-residential program for victims of domes- 15 tic violence as defined in section four hundred fifty-nine-a of the 16 social services law. 17 5. "Domestic violence advocate" means an employee or volunteer of a 18 domestic violence program. "Domestic violence advocate" shall not 19 include a person employed by, or under the direct supervision of, a law 20 enforcement agency, the department of law, or any governmental agency or 21 department while such employee or volunteer is performing duties on 22 behalf of or acting in the course of employment of such governmental 23 agency or department. 24 (b) Confidential information privileged. A rape crisis counselor or 25 domestic violence advocate shall not be required to disclose a communi- 26 cation made by his or her client to him or her, or advice given thereon, 27 in the course of his or her services nor shall any clerk, stenographer 28 or other person working for the same program as the rape crisis counse- 29 lor or domestic violence advocate or for the rape crisis counselor or 30 domestic violence advocate be allowed to disclose any such communication 31 or advice given thereon nor shall any records made in the course of the 32 services given to the client or recording of any communications made by 33 or to a client be required to be disclosed, nor shall the client be 34 compelled to disclose such communication or records, except: 35 1. that a rape crisis counselor or domestic violence advocate may 36 disclose such otherwise confidential communication to the extent author- 37 ized by the client; 38 2. that a rape crisis counselor or domestic violence advocate shall 39 not be required to treat as confidential a communication by a client 40 which reveals the intent to commit a crime or harmful act; 41 3. in a case in which the client waives the privilege by instituting 42 charges against the rape crisis counselor or domestic violence advocate 43 or the rape crisis program or domestic violence program and such action 44 or proceeding involves confidential communications between the client 45 and the rape crisis counselor or domestic violence advocate. 46 (c) Who may waive the privilege. The privilege may only be waived by 47 the client, the personal representative of a deceased client, or, in the 48 case of a client who has been adjudicated incompetent or for whom a 49 conservator has been appointed, the committee or conservator. 50 (d) Limitation on waiver. A client who, for the purposes of obtaining 51 compensation under article twenty-two of the executive law or insurance 52 benefits, authorizes the disclosure of any privileged communication to 53 an employee of the office of victim services or an insurance represen- 54 tative shall not be deemed to have waived the privilege created by this 55 section. 56 § 2. This act shall take effect immediately.
