Establishes that domestic violence advocates may not disclose any communication made by a client to the advocate except in certain circumstances

Title of bill

An act to amend the civil practice law and rules, in relation to establishing that domestic violence advocates may not disclose any communication made by a client to the advocate except in certain circumstances

Purpose

To establish in the law a domestic violence advocate-victim privilege.

Summary of provisions

Section 1 amends 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, to add definitions for "domestic violence program" and "domestic violence advocate" and provide that the rape crisis counselor-victim privilege is extended to domestic violence advocates.

A domestic violence advocate shall not be required to disclose confidential communications made by a domestic violence victim, except in the usual situations the law provides, such as communications revealing intent to commit a crime or harmful act, or when the privilege is waived by the victim.

Section 2 provides this act shall take effect immediately.

Existing law

The privilege currently applies to rape crisis counselors.

Justification

Domestic violence is as serious an issue as sexual assault. In both situations, the victim is traumatized and often reluctant to speak candidly about their experience. Providing a domestic violence advocate-victim privilege - as we already provide a rape crisis counselor-victim privilege - will encourage more open, honest and healthy communication between domestic violence victims and their counselors.

Legislative history

New bill

Fiscal implications

None

Local fiscal implications

None

Effective date

This act shall take effect immediately.