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S01789 Summary:

S01789 Actions:

S01789 Committee Votes:

S01789 Floor Votes:

S01789 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          1789
 
                               2021-2022 Regular Sessions
 
                    IN SENATE
 
                                    January 15, 2021
                                       ___________
 
        Introduced  by  Sens.  SANDERS, HARCKHAM, HOYLMAN, KAPLAN, KENNEDY, LIU,
          SKOUFIS -- read twice and ordered printed,  and  when  printed  to  be
          committed to the Committee on Judiciary
 
        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, as added by chapter 432 of the laws of
    11  1993, offering counseling and assistance to  clients  concerning  sexual
    12  offenses, sexual abuses or incest.
    13    2.  "Rape crisis counselor" means any person who has been certified by
    14  an approved rape crisis program as having satisfied the training  stand-
    15  ards  specified in subdivision fifteen of section two hundred six of the
    16  public health law, as added by chapter 432 of the laws of 1993, and who,
    17  regardless of compensation, is acting under  the  direction  and  super-
    18  vision of an approved rape crisis program.
    19    3.  "Client"  means  (i)  any  person  who is seeking or receiving the
    20  services of a rape crisis counselor for the purpose  of  securing  coun-
    21  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.
                                                                   LBD00042-01-1
        S. 1789                             2
 
     1  incest or attempts to commit sexual offenses, sexual abuse,  or  incest,
     2  as defined in the penal law; or
     3    (ii)  any  victim  of  domestic  violence  as  defined in section four
     4  hundred fifty-nine-a of the social services law.
     5    4. "Domestic violence program" means a residential program for victims
     6  of domestic violence or a non-residential program for victims of  domes-
     7  tic  violence  as  defined  in  section four hundred fifty-nine-a of the
     8  social services law or any similar program operated by an Indian  tribe,
     9  as defined by section two of the Indian law.
    10    5.  "Domestic  violence advocate" means any person who is acting under
    11  the direction and  supervision  of  a  licensed  and  approved  domestic
    12  violence  program  and  has satisfied the training standards required by
    13  the office of children and family services.
    14    (b) Confidential information privileged. A rape  crisis  counselor  or
    15  domestic  violence advocate shall not be required to disclose a communi-
    16  cation made by his or her client to him or her, or advice given thereon,
    17  in the course of his or her services nor shall any  clerk,  stenographer
    18  or  other person working for the same program as the rape crisis counse-
    19  lor or domestic violence advocate or for the rape  crisis  counselor  or
    20  domestic violence advocate be allowed to disclose any such communication
    21  or  advice given thereon nor shall any records made in the course of the
    22  services given to the client or recording of any communications made  by
    23  or  to  a  client  be  required to be disclosed, nor shall the client be
    24  compelled to disclose such communication or records, except:
    25    1. that a rape crisis counselor  or  domestic  violence  advocate  may
    26  disclose such otherwise confidential communication to the extent author-
    27  ized by the client;
    28    2.  that  a  rape crisis counselor or domestic violence advocate shall
    29  not be required to treat as confidential a  communication  by  a  client
    30  which reveals the intent to commit a crime or harmful act;
    31    3.    that a domestic violence advocate shall not be required to treat
    32  as confidential a communication by a client  which  reveals  a  case  of
    33  suspected  child  abuse or maltreatment pursuant to title six of article
    34  six of the social services law;
    35    4. in a case in which the client waives the privilege  by  instituting
    36  charges  against the rape crisis counselor or domestic violence advocate
    37  or the rape crisis program or domestic violence program and such  action
    38  or  proceeding  involves  confidential communications between the client
    39  and the rape crisis counselor or domestic violence advocate.
    40    (c) Who may waive the privilege. The privilege may only be waived [by]
    41  if the client, the personal representative of a deceased client, or,  in
    42  the  case of a client who has been adjudicated incompetent or for whom a
    43  conservator has been appointed, the committee  or  conservator  provides
    44  the  rape  crisis counselor or domestic violence advocate with informed,
    45  written and reasonably time-limited consent.
    46    (d) Limitation on waiver. A client who, for the purposes of  obtaining
    47  compensation  under article twenty-two of the executive law or insurance
    48  benefits, authorizes the disclosure of any privileged  communication  to
    49  an  employee  of the office of victim services or an insurance represen-
    50  tative shall not be deemed to have waived the privilege created by  this
    51  section.
    52    § 2. This act shall take effect immediately.