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.
STATE OF NEW YORK
________________________________________________________________________
2224--B
Cal. No. 141
2019-2020 Regular Sessions
IN SENATE
January 23, 2019
___________
Introduced by Sens. SANDERS, HOYLMAN -- read twice and ordered printed,
and when printed to be committed to the Committee on Judiciary --
reported favorably from said committee, ordered to first and second
report, ordered to a third reading, amended and ordered reprinted,
retaining its place in the order of third reading -- again amended and
ordered reprinted, retaining its place in the order of third reading
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.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08146-03-9
S. 2224--B 2
1 3. "Client" means (i) any person who is seeking or receiving the
2 services of a rape crisis counselor for the purpose of securing coun-
3 seling or assistance concerning any sexual offenses, sexual abuse,
4 incest or attempts to commit sexual offenses, sexual abuse, or incest,
5 as defined in the penal law; or
6 (ii) any victim of domestic violence as defined in section four
7 hundred fifty-nine-a of the social services law.
8 4. "Domestic violence program" means a residential program for victims
9 of domestic violence or a non-residential program for victims of domes-
10 tic violence as defined in section four hundred fifty-nine-a of the
11 social services law or any similar program operated by an Indian tribe,
12 as defined by section two of the Indian law.
13 5. "Domestic violence advocate" means any person who is acting under
14 the direction and supervision of a licensed and approved domestic
15 violence program and has satisfied the training standards required by
16 the office of children and family services.
17 (b) Confidential information privileged. A rape crisis counselor or
18 domestic violence advocate shall not be required to disclose a communi-
19 cation made by his or her client to him or her, or advice given thereon,
20 in the course of his or her services nor shall any clerk, stenographer
21 or other person working for the same program as the rape crisis counse-
22 lor or domestic violence advocate or for the rape crisis counselor or
23 domestic violence advocate be allowed to disclose any such communication
24 or advice given thereon nor shall any records made in the course of the
25 services given to the client or recording of any communications made by
26 or to a client be required to be disclosed, nor shall the client be
27 compelled to disclose such communication or records, except:
28 1. that a rape crisis counselor or domestic violence advocate may
29 disclose such otherwise confidential communication to the extent author-
30 ized by the client;
31 2. that a rape crisis counselor or domestic violence advocate shall
32 not be required to treat as confidential a communication by a client
33 which reveals the intent to commit a crime or harmful act;
34 3. that a domestic violence advocate shall not be required to treat
35 as confidential a communication by a client which reveals a case of
36 suspected child abuse or maltreatment pursuant to title six of article
37 six of the social services law;
38 4. in a case in which the client waives the privilege by instituting
39 charges against the rape crisis counselor or domestic violence advocate
40 or the rape crisis program or domestic violence program and such action
41 or proceeding involves confidential communications between the client
42 and the rape crisis counselor or domestic violence advocate.
43 (c) Who may waive the privilege. The privilege may only be waived [by]
44 if the client, the personal representative of a deceased client, or, in
45 the case of a client who has been adjudicated incompetent or for whom a
46 conservator has been appointed, the committee or conservator provides
47 the rape crisis counselor or domestic violence advocate with informed,
48 written and reasonably time-limited consent.
49 (d) Limitation on waiver. A client who, for the purposes of obtaining
50 compensation under article twenty-two of the executive law or insurance
51 benefits, authorizes the disclosure of any privileged communication to
52 an employee of the office of victim services or an insurance represen-
53 tative shall not be deemed to have waived the privilege created by this
54 section.
55 § 2. This act shall take effect immediately.
