Relates to factoring domestic violence convictions into family court decisions regarding visitation, custody and parental rights; establishes the batterer intervention program where the court may order the defendant to receive professional domestic violence counseling from either a private source or a source appointed by the court and require the defendant to provide the court with documentation of attendance.
STATE OF NEW YORK
________________________________________________________________________
6736
2019-2020 Regular Sessions
IN SENATE
September 20, 2019
___________
Introduced by Sen. CARLUCCI -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
AN ACT to amend the family court act, in relation to factoring domestic
violence convictions into family court decisions regarding visitation,
custody and parental rights and establishing the batterer intervention
program
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraphs (vii) and (viii) of subdivision (a) of section
2 1046 of the family court act, paragraph (vii) as amended by chapter 432
3 of the laws of 1993, paragraph (viii) as added by chapter 1015 of the
4 laws of 1972, are amended and a new paragraph (ix) is added to read as
5 follows:
6 (vii) neither the privilege attaching to confidential communications
7 between husband and wife, as set forth in section forty-five hundred two
8 of the civil practice law and rules, nor the physician-patient and
9 related privileges, as set forth in section forty-five hundred four of
10 the civil practice law and rules, nor the psychologist-client privilege,
11 as set forth in section forty-five hundred seven of the civil practice
12 law and rules, nor the social worker-client privilege, as set forth in
13 section forty-five hundred eight of the civil practice law and rules,
14 nor the rape crisis counselor-client privilege, as set forth in section
15 forty-five hundred ten of the civil practice law and rules, shall be a
16 ground for excluding evidence which otherwise would be admissible[.];
17 and
18 (viii) proof of the "impairment of emotional health" or "impairment of
19 mental or emotional condition" as a result of the unwillingness or
20 inability of the respondent to exercise a minimum degree of care toward
21 a child may include competent opinion or expert testimony and may
22 include proof that such impairment lessened during a period when the
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD13826-01-9
S. 6736 2
1 child was in the care, custody or supervision of a person or agency
2 other than the respondent[.]; and
3 (ix) previous convictions of disorderly conduct, harassment in the
4 first degree, harassment in the second degree, aggravated harassment in
5 the second degree, sexual misconduct forcible touching, sexual abuse in
6 the third degree, sexual abuse in the second degree as set forth in
7 subdivision one of section 130.60 of the penal law, stalking in the
8 first degree, stalking in the second degree, stalking in the third
9 degree, stalking in the fourth degree, criminal mischief, menacing in
10 the second degree, menacing in the third degree, reckless endangerment,
11 strangulation in the first degree, strangulation in the second degree,
12 criminal obstruction of breathing or blood circulation, assault in the
13 second degree, assault in the third degree, an attempted assault, coer-
14 cion in the third degree as set forth in subdivisions one, two and three
15 of section 135.60 of the penal law between spouses or former spouses, or
16 between parent and child or between members of the same family or house-
17 hold except that if the respondent would not be criminally responsible
18 by reason of age pursuant to section 30.00 of the penal law, shall be
19 taken into consideration for any hearing deciding on the visitation,
20 custody, or rights of a parent with mandatory, batterer specific rehabi-
21 litative measures of no less than twelve months, successfully completed
22 by the respondent prior to a final judgment; provided, however, that in
23 a case where a party seeking custody and/or visitation with a child
24 under the jurisdiction of the family court has a prior criminal
25 conviction for any enumerated family offense under section eight hundred
26 twelve of this act, absent extraordinary circumstances, the non-offend-
27 ing parent shall be granted temporary custody during the pendency of the
28 case; visitation with the offending parent shall be supervised by a
29 party designated by the court; and the offending parent shall attend and
30 successfully complete a minimum twenty-six week batterer intervention
31 program or sessions with a court approved counselor.
32 § 2. The family court act is amended by adding a new section 842-b to
33 read as follows:
34 § 842-b. Batterer intervention program. 1. As part of a final order of
35 protection pursuant to section eight hundred forty-two of this part, the
36 court may order the defendant to receive professional domestic violence
37 counseling from either a private source or a source appointed by the
38 court, and in such event, require the defendant to provide the court
39 with documentation of attendance.
40 2. Such batterer intervention program shall include, but not be limit-
41 ed to, the following components:
42 (a) periodic, ongoing risk assessments to protect the safety of the
43 victim and any children;
44 (b) offender accountability for their acts of domestic violence as a
45 central component of the program, requiring that offenders be held
46 accountable for their behavior, and provided with services geared
47 towards behavioral change;
48 (c) information and education concerning the tactics of power and
49 control and the understanding of domestic violence as a domination and
50 control issue;
51 (d) a swift and certain compliance protocol, including a prompt and
52 effective review by the court for noncompliance; and
53 (e) regular reviews of the program and compliance audits by the courts
54 and designated domestic violence advocacy groups.
55 § 3. This act shall take effect on the sixtieth day after it shall
56 have become a law.