S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4462
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 16, 2023
                                ___________
 
 Introduced  by  M.  of  A.  ZEBROWSKI  --  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 OR DOMESTIC VIOLENCE ADVOCATE-client priv-
 ilege, as set forth in section forty-five hundred ten of the civil prac-
 tice 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.
                                                            LBD07214-01-3
              

 A. 4462                             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.