S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1789
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             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:
 
   Section 1. Section 4510 of the civil practice law and rules, as  added
 by  chapter  432  of  the laws of 1993 and subdivision (d) as amended by
 section 49 of part A-1 of chapter 56 of the laws of 2010, is amended  to
 read as follows:
   §  4510.  Rape  crisis  counselor OR DOMESTIC VIOLENCE ADVOCATE.   (a)
 Definitions. When used in this section, the following terms  shall  have
 the following meanings:
   1. "Rape crisis program" means any office, institution or center which
 has been approved pursuant to subdivision fifteen of section two hundred
 six  of  the  public  health law, AS ADDED BY CHAPTER 432 OF THE LAWS OF
 1993, offering counseling and assistance to  clients  concerning  sexual
 offenses, sexual abuses or incest.
   2.  "Rape crisis counselor" means any person who has been certified by
 an approved rape crisis program as having satisfied the training  stand-
 ards  specified in subdivision fifteen of section two hundred six of the
 public health law, AS ADDED BY CHAPTER 432 OF THE LAWS OF 1993, and who,
 regardless of compensation, is acting under  the  direction  and  super-
 vision of an approved rape crisis program.
   3.  "Client"  means  (I)  any  person  who is seeking or receiving the
 services of a rape crisis counselor for the purpose  of  securing  coun-
 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.
                                                            LBD00042-01-1
              

 S. 1789                             2
 
 incest or attempts to commit sexual offenses, sexual abuse,  or  incest,
 as defined in the penal law; OR
   (II)  ANY  VICTIM  OF  DOMESTIC  VIOLENCE  AS  DEFINED IN SECTION FOUR
 HUNDRED FIFTY-NINE-A OF THE SOCIAL SERVICES LAW.
   4. "DOMESTIC VIOLENCE PROGRAM" MEANS A RESIDENTIAL PROGRAM FOR VICTIMS
 OF DOMESTIC VIOLENCE OR A NON-RESIDENTIAL PROGRAM FOR VICTIMS OF  DOMES-
 TIC  VIOLENCE  AS  DEFINED  IN  SECTION FOUR HUNDRED FIFTY-NINE-A OF THE
 SOCIAL SERVICES LAW OR ANY SIMILAR PROGRAM OPERATED BY AN INDIAN  TRIBE,
 AS DEFINED BY SECTION TWO OF THE INDIAN LAW.
   5.  "DOMESTIC  VIOLENCE ADVOCATE" MEANS ANY PERSON WHO IS ACTING UNDER
 THE DIRECTION AND  SUPERVISION  OF  A  LICENSED  AND  APPROVED  DOMESTIC
 VIOLENCE  PROGRAM  AND  HAS SATISFIED THE TRAINING STANDARDS REQUIRED BY
 THE OFFICE OF CHILDREN AND FAMILY SERVICES.
   (b) Confidential information privileged. A rape  crisis  counselor  OR
 DOMESTIC  VIOLENCE ADVOCATE shall not be required to disclose a communi-
 cation made by his or her client to him or her, or advice given thereon,
 in the course of his or her services nor shall any  clerk,  stenographer
 or  other person working for the same program as the rape crisis counse-
 lor OR DOMESTIC VIOLENCE ADVOCATE or for the rape  crisis  counselor  OR
 DOMESTIC VIOLENCE ADVOCATE be allowed to disclose any such communication
 or  advice given thereon nor shall any records made in the course of the
 services given to the client or recording of any communications made  by
 or  to  a  client  be  required to be disclosed, nor shall the client be
 compelled to disclose such communication or records, except:
   1. that a rape crisis counselor  OR  DOMESTIC  VIOLENCE  ADVOCATE  may
 disclose such otherwise confidential communication to the extent author-
 ized by the client;
   2.  that  a  rape crisis counselor OR DOMESTIC VIOLENCE ADVOCATE shall
 not be required to treat as confidential a  communication  by  a  client
 which reveals the intent to commit a crime or harmful act;
   3.    THAT A DOMESTIC VIOLENCE ADVOCATE SHALL NOT BE REQUIRED TO TREAT
 AS CONFIDENTIAL A COMMUNICATION BY A CLIENT  WHICH  REVEALS  A  CASE  OF
 SUSPECTED  CHILD  ABUSE OR MALTREATMENT PURSUANT TO TITLE SIX OF ARTICLE
 SIX OF THE SOCIAL SERVICES LAW;
   4. in a case in which the client waives the privilege  by  instituting
 charges  against the rape crisis counselor OR DOMESTIC VIOLENCE ADVOCATE
 or the rape crisis program OR DOMESTIC VIOLENCE PROGRAM and such  action
 or  proceeding  involves  confidential communications between the client
 and the rape crisis counselor OR DOMESTIC VIOLENCE ADVOCATE.
   (c) Who may waive the privilege. The privilege may only be waived [by]
 IF the client, the personal representative of a deceased client, or,  in
 the  case of a client who has been adjudicated incompetent or for whom a
 conservator has been appointed, the committee  or  conservator  PROVIDES
 THE  RAPE  CRISIS COUNSELOR OR DOMESTIC VIOLENCE ADVOCATE WITH INFORMED,
 WRITTEN AND REASONABLY TIME-LIMITED CONSENT.
   (d) Limitation on waiver. A client who, for the purposes of  obtaining
 compensation  under article twenty-two of the executive law or insurance
 benefits, authorizes the disclosure of any privileged  communication  to
 an  employee  of the office of victim services or an insurance represen-
 tative shall not be deemed to have waived the privilege created by  this
 section.
   § 2. This act shall take effect immediately.