Bill Text: NY S06569 | 2015-2016 | 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 1-0)

Status: (Introduced - Dead) 2016-01-27 - REFERRED TO JUDICIARY [S06569 Detail]

Download: New_York-2015-S06569-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          6569
                    IN SENATE
                                    January 27, 2016
                                       ___________
        Introduced  by  Sen. SANDERS -- 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,  offering  counseling  and  assistance  to
    11  clients concerning sexual offenses, sexual abuses or incest.
    12    2.  "Rape crisis counselor" means any person who has been certified by
    13  an approved rape crisis program as having satisfied the training  stand-
    14  ards  specified in subdivision fifteen of section two hundred six of the
    15  public health law, and who, regardless of compensation, is acting  under
    16  the direction and supervision of an approved rape crisis program.
    17    3.  "Client"  means  (i)  any  person  who is seeking or receiving the
    18  services of a rape crisis counselor for the purpose  of  securing  coun-
    19  seling  or  assistance  concerning  any  sexual  offenses, sexual abuse,
    20  incest or attempts to commit sexual offenses, sexual abuse,  or  incest,
    21  as defined in the penal law; or
    22    (ii) any person who is seeking or receiving assistance from a domestic
    23  violence  advocate  for  the purpose of securing services concerning any
    24  acts of domestic violence or any  other  abuse,  human  trafficking,  or
    25  stalking,  as  defined in the penal law, whether or not the victim seeks
    26  or receives services within the criminal justice system.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13441-01-5
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