S T A T E O F N E W Y O R K
________________________________________________________________________
5504--A
Cal. No. 1232
1999-2000 Regular Sessions
I N S E N A T E
April 21, 1999
___________
Introduced by Sen. SKELOS -- (at request of the Judiciary) -- read twice
and ordered printed, and when printed to be committed to the Committee
on Codes -- recommitted to the Committee on Codes in accordance with
Senate Rule 6, sec. 8 -- reported favorably from said committee and
committed to the Committee on Rules -- reported favorably from said
committee to third reading, amended and ordered reprinted, retaining
its place in the order of third reading
AN ACT to amend the civil practice law and rules and the family court
act, in relation to creation of a statutory parent-child privilege in
civil, criminal and family cases
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. The civil practice law and rules is amended by adding a new
2 section 4502-a to read as follows:
3 S 4502-A. PARENT-CHILD CONFIDENTIAL COMMUNICATION. 1. EXCEPT AS OTHER-
4 WISE PROVIDED IN THIS SECTION, IN AN ACTION OR PROCEEDING A CHILD AND
5 HIS OR HER PARENT SHALL NOT BE COMPELLED TO DISCLOSE A CONFIDENTIAL
6 COMMUNICATION BETWEEN THEM.
7 2. AS USED IN THIS SECTION:
8 (A) A PERSON IS A "CHILD" REGARDLESS OF AGE.
9 (B) A "PARENT" OF A CHILD INCLUDES A NATURAL OR ADOPTIVE PARENT OF THE
10 CHILD, A STEP-PARENT OF THE CHILD, A FOSTER PARENT OF THE CHILD, A LEGAL
11 GUARDIAN, OR A PERSON WHOSE RELATIONSHIP TO THE CHILD IS THE FUNCTIONAL
12 EQUIVALENT OF ANY OF THE FOREGOING.
13 (C) A "COMMUNICATION" IS ANY VERBAL OR NONVERBAL EXPRESSION, INCLUDING
14 A WRITTEN EXPRESSION, DIRECTED TO ANOTHER PERSON AND INTENDED TO CONVEY
15 A MEANING TO SUCH OTHER PERSON.
16 (D) A COMMUNICATION IS "CONFIDENTIAL" IF IT (I) WAS NOT INTENDED TO BE
17 DISCLOSED TO A THIRD PERSON THAN ANOTHER PARENT OR A SIBLING, OF THE
18 CHILD, AND (II) WAS EXPRESSLY OR IMPLIEDLY INDUCED BY THE PARENT-CHILD
19 RELATIONSHIP.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
{ } is old law to be omitted.
LBD08703-02-0
S. 5504--A 2
1 3. THIS SECTION SHALL NOT APPLY TO:
2 (A) A CONFIDENTIAL COMMUNICATION MADE IN FURTHERANCE OF THE COMMISSION
3 OF ANY OFFENSE, OR WITH THE INTENT TO PERPETRATE A FRAUD;
4 (B) A CONFIDENTIAL COMMUNICATION THAT RELATES TO AN OFFENSE ALLEGED TO
5 HAVE BEEN COMMITTED BY ANY FAMILY OR HOUSEHOLD MEMBER AGAINST ANY MEMBER
6 OF THE SAME FAMILY OR HOUSEHOLD. FOR PURPOSES OF THIS PARAGRAPH, "FAMILY
7 OR HOUSEHOLD MEMBERS" SHALL MEAN PERSONS RELATED BY CONSANGUINITY OR
8 AFFINITY; OR UNRELATED PERSONS WHO ARE LIVING OR WHO IN THE PAST HAVE
9 LIVED IN THE SAME HOUSEHOLD CONTINUALLY OR AT REGULAR INTERVALS, OR
10 PERSONS WHO HAVE A CHILD IN COMMON, WHETHER OR NOT THEY HAVE EVER LIVED
11 IN THE SAME HOUSEHOLD; OR
12 (C) GENERAL BUSINESS COMMUNICATIONS.
13 S 2. Paragraph (vii) of subdivision (a) of section 1046 of the family
14 court act, as amended by chapter 432 of the laws of 1993, is amended to
15 read as follows:
16 (vii) neither the privilege attaching to confidential communications
17 between husband and wife, as set forth in section forty-five hundred two
18 of the civil practice law and rules, NOR THE CHILD-PARENT PRIVILEGE AS
19 SET FORTH IN SECTION FORTY-FIVE HUNDRED TWO-A OF THE CIVIL PRACTICE LAW
20 AND RULES, nor the physician-patient and related privileges, as set
21 forth in section forty-five hundred four of the civil practice law and
22 rules, nor the psychologist-client privilege, as set forth in section
23 forty-five hundred seven of the civil practice law and rules, nor the
24 social worker-client privilege, as set forth in section forty-five
25 hundred eight of the civil practice law and rules, nor the rape crisis
26 counselor-client privilege, as set forth in section forty-five hundred
27 ten of the civil practice law and rules, shall be a ground for excluding
28 evidence which otherwise would be admissible.
29 S 3. This act shall take effect immediately and shall apply only to
30 actions and proceedings commenced on or after such date.
.SO DOC S 5504A *END* BTXT 1999
Bill S05504
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