S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7239
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              April 18, 2019
                                ___________
 
 Introduced by M. of A. JAFFEE -- read once and referred to the Committee
   on Children and Families
 
 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

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Paragraphs (vii) and (viii) of subdivision (a) of section
 1046 of the family court act, paragraph (vii) as amended by chapter  432
 of  the  laws  of 1993, paragraph (viii) as added by chapter 1015 of the
 laws of 1972, are amended and a new paragraph (ix) is added to  read  as
 follows:
   (vii)  neither  the privilege attaching to confidential communications
 between husband and wife, as set forth in section forty-five hundred two
 of the civil practice law  and  rules,  nor  the  physician-patient  and
 related  privileges,  as set forth in section forty-five hundred four of
 the civil practice law and rules, nor the psychologist-client privilege,
 as set forth in section forty-five hundred seven of the  civil  practice
 law  and  rules, nor the social worker-client privilege, as set forth in
 section forty-five hundred eight of the civil practice  law  and  rules,
 nor  the rape crisis counselor-client privilege, as set forth in section
 forty-five hundred ten of the civil practice law and rules, shall  be  a
 ground  for  excluding  evidence which otherwise would be admissible[.];
 AND
   (viii) proof of the "impairment of emotional health" or "impairment of
 mental or emotional condition" as  a  result  of  the  unwillingness  or
 inability  of the respondent to exercise a minimum degree of care toward
 a child may include  competent  opinion  or  expert  testimony  and  may
 include  proof  that  such  impairment lessened during a period when the
 child was in the care, custody or supervision  of  a  person  or  agency
 other than the respondent[.]; AND
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD01936-03-9

 A. 7239                             2
 
   (IX)  PREVIOUS  CONVICTIONS  OF  DISORDERLY CONDUCT, HARASSMENT IN THE
 FIRST DEGREE, HARASSMENT IN THE SECOND DEGREE, AGGRAVATED HARASSMENT  IN
 THE  SECOND DEGREE, SEXUAL MISCONDUCT FORCIBLE TOUCHING, SEXUAL ABUSE IN
 THE THIRD DEGREE, SEXUAL ABUSE IN THE SECOND  DEGREE  AS  SET  FORTH  IN
 SUBDIVISION  ONE  OF  SECTION  130.60  OF THE PENAL LAW, STALKING IN THE
 FIRST DEGREE, STALKING IN THE  SECOND  DEGREE,  STALKING  IN  THE  THIRD
 DEGREE,  STALKING  IN  THE FOURTH DEGREE, CRIMINAL MISCHIEF, MENACING IN
 THE SECOND DEGREE, MENACING IN THE THIRD DEGREE, RECKLESS  ENDANGERMENT,
 STRANGULATION  IN  THE FIRST DEGREE, STRANGULATION IN THE SECOND DEGREE,
 CRIMINAL OBSTRUCTION OF BREATHING OR BLOOD CIRCULATION, ASSAULT  IN  THE
 SECOND  DEGREE, ASSAULT IN THE THIRD DEGREE, AN ATTEMPTED ASSAULT, COER-
 CION IN THE THIRD DEGREE AS SET FORTH IN SUBDIVISIONS ONE, TWO AND THREE
 OF SECTION 135.60 OF THE PENAL LAW BETWEEN SPOUSES OR FORMER SPOUSES, OR
 BETWEEN PARENT AND CHILD OR BETWEEN MEMBERS OF THE SAME FAMILY OR HOUSE-
 HOLD EXCEPT THAT IF THE RESPONDENT WOULD NOT BE  CRIMINALLY  RESPONSIBLE
 BY  REASON  OF  AGE PURSUANT TO SECTION 30.00 OF THE PENAL LAW, SHALL BE
 TAKEN INTO CONSIDERATION FOR ANY HEARING  DECIDING  ON  THE  VISITATION,
 CUSTODY, OR RIGHTS OF A PARENT WITH MANDATORY, BATTERER SPECIFIC REHABI-
 LITATIVE  MEASURES OF NO LESS THAN TWELVE MONTHS, SUCCESSFULLY COMPLETED
 BY THE RESPONDENT PRIOR TO A FINAL JUDGMENT; PROVIDED, HOWEVER, THAT ANY
 PARENT UNDERGOING MANDATORY BATTERER  SPECIFIC  REHABILITATION  MEASURES
 SHALL ONLY BE GRANTED SUPERVISED VISITATION.
   §  2.  This  act  shall take effect on the sixtieth day after it shall
 have become a law.