Assembly Bill A8388

2021-2022 Legislative Session

Relates to admissible evidence in court proceedings to secure an order of protection

download bill text pdf

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Archive: Last Bill Status - In Assembly Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2021-A8388 (ACTIVE) - Details

Current Committee:
Assembly Judiciary
Law Section:
Family Court Act
Laws Affected:
Amd §1046, Fam Ct Act
Versions Introduced in Other Legislative Sessions:
2017-2018: A8814
2019-2020: A5746
2023-2024: A2399

2021-A8388 (ACTIVE) - Summary

Clarifies that in child protective proceedings and permanency hearings for children placed out of their homes, the social worker-client privilege shall not be a ground for excluding evidence in a hearing to secure an order of protection.

2021-A8388 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8388
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             October 20, 2021
                                ___________
 
 Introduced  by  M.  of  A. J. M. GIGLIO -- read once and referred to the
   Committee on Judiciary
 
 AN ACT to amend the family court act, in relation to admissible evidence
   in court proceedings to secure an order of protection
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  Paragraph (vii) of subdivision (a) of section 1046 of the
 family court act, as amended by chapter 432 of  the  laws  of  1993,  is
 amended 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.
 SPECIFICALLY, THE SOCIAL WORKER-CLIENT PRIVILEGE SHALL NOT BE  A  GROUND
 FOR  EXCLUDING  EVIDENCE  WHICH WOULD OTHERWISE BE ADMISSIBLE IN A COURT
 HEARING TO SECURE AN ORDER OF PROTECTION.
   § 2. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13262-01-1

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