Bill Text: NY S01789 | 2021-2022 | General Assembly | Introduced
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 9-0)
Status: (Passed) 2021-07-23 - SIGNED CHAP.309 [S01789 Detail]
Download: New_York-2021-S01789-Introduced.html
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. LBD00042-01-1S. 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.
