Bill Text: NY S06736 | 2019-2020 | General Assembly | Introduced


Bill Title: 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.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-01-08 - REFERRED TO CHILDREN AND FAMILIES [S06736 Detail]

Download: New_York-2019-S06736-Introduced.html



                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.
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