Bill Text: NY A03133 | 2009-2010 | General Assembly | Introduced

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Bill Title: An act to amend the family court act, in relation to the use of expert witness testimony in child custody and visitation hearings

Spectrum: Partisan Bill (Democrat 8-0)

Status: (Introduced - Dead) 2009-01-23 - referred to judiciary [A03133 Detail]

Download: New_York-2009-A03133-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3133
                              2009-2010 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 23, 2009
                                      ___________
       Introduced  by  M. of A. BRADLEY, GALEF, PAULIN -- Multi-Sponsored by --
         M. of A. BING, HIKIND,  ROBINSON,  TOWNS,  WRIGHT  --  read  once  and
         referred to the Committee on Judiciary
       AN  ACT  to amend the family court act, in relation to the use of expert
         witness testimony in child custody and visitation hearings
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  The  family  court act is amended by adding a new section
    2  624-a to read as follows:
    3    S 624-A. USE OF EXPERT WITNESS TESTIMONY.  1.  FOR  PURPOSES  OF  THIS
    4  ARTICLE, WHENEVER AN EXPERT WITNESS WILL BE CALLED UPON TO TESTIFY ABOUT
    5  HIS  OR  HER  FINDINGS  REGARDING AN ISSUE BEFORE THE COURT, SUCH EXPERT
    6  WITNESS OR THE PARTY FOR WHOM THE EXPERT  WITNESS  IS  TESTIFYING  SHALL
    7  FILE  A  WRITTEN  REPORT  WITH  THE COURT CONTAINING THE FINDINGS OF THE
    8  EXPERT. THE REPORT MUST INCLUDE ALL RAW DATA COLLECTED  AND/OR  USED  BY
    9  THE EXPERT IN REACHING HIS OR HER CONCLUSIONS.
   10    2.  COPIES  OF  THE  REPORT  AND  RAW DATA SHALL, PRIOR TO THIRTY DAYS
   11  BEFORE THE EXPERT WITNESS IS EXPECTED TO TESTIFY, BE  FORWARDED  BY  THE
   12  EXPERT  WITNESS  OR  PARTY  FOR WHOM THE EXPERT WITNESS IS TESTIFYING TO
   13  EACH PARTY OF THE ACTION AND TO ANY OTHER PERSON DEEMED NECESSARY BY THE
   14  COURT.
   15    3. THE REPORT SHALL BE FILED NO LATER THAN THIRTY DAYS  PRIOR  TO  THE
   16  DATE THAT SUCH EXPERT IS EXPECTED TO TESTIFY.
   17    4.  THE COURT IN WHICH THE EXPERT IS EXPECTED TO TESTIFY MAY WAIVE ANY
   18  OR ALL OF THE PROVISIONS OF THIS SECTION, UPON A FINDING THAT COMPLIANCE
   19  WITH THIS SECTION WOULD BE IMPRACTICABLE BASED ON THE FACTS AND  CIRCUM-
   20  STANCES OF THE MATTER BEFORE THE COURT.
   21    5. THE PROVISIONS OF THIS SECTION SHALL APPLY TO AN EXPERT WITNESS WHO
   22  IS CALLED AS A REBUTTAL WITNESS TO REBUT THE FINDINGS AND CONCLUSIONS OF
   23  THE  INITIAL EXPERT WITNESS, UNLESS THE COURT DETERMINES THAT COMPLIANCE
   24  WOULD BE IMPRACTICABLE BASED ON THE FACTS AND CIRCUMSTANCES PRESENTED.
   25    S 2. This act shall take effect on the one hundred twentieth day after
   26  it shall have become a law.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD03297-01-9