Provides for privilege and confidentiality of communications with members of a judicial assistance committee created by state or local bar association.

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S1880-2013 Actions

• Jan 9, 2013: REFERRED TO JUDICIARY

S1880-2013 Memo

BILL NUMBER:S1880

TITLE OF BILL:  An act to amend the judiciary law, in relation to confi-
dential communications with judicial assistance committees

PURPOSE OR GENERAL IDEA OF BILL:  To provide judicial assistance commit-
tees  with the same confidentiality of information that currently exists
with lawyer assistance committees.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1: Amends section 499 of the Judiciary Law to  provide  judicial
assistance  committees with the same confidentiality of information that
currently exists with lawyer assistance committees.

Section 2: Effective date.

JUSTIFICATION:    Lawyer  assistance  committees  provide   confidential
assistance  to  lawyers  who  are  affected  by the problem of substance
abuse, stress, depression or other mental  health  issues.  This  legis-
lation  would  extend that ability to provide confidential assistance to
judicial assistance committees.

LEGISLATIVE HISTORY:  S.6618 of 2012: Passed Senate,  Died  in  Assembly
Judiciary

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE:  This act shall take effect immediately.

S1880-2013 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                    1880

                         2013-2014 Regular Sessions

                              I N  SENATE

                                 (PREFILED)

                               January 9, 2013
                                 ___________

  Introduced  by  Sen. BONACIC -- read twice and ordered printed, and when
    printed to be committed to the Committee on Judiciary

  AN ACT to amend the judiciary law, in relation to confidential  communi-
    cations with judicial assistance committees

    THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
  BLY, DO ENACT AS FOLLOWS:


    Section 1. Section 499 of the judiciary law, as added by  chapter  327
  of the laws of 1993, is amended to read as follows:

    S  499.  Lawyer  AND  JUDICIAL  assistance committees. 1. Confidential
  information privileged. The confidential  relations  and  communications
  between a member or authorized agent of a lawyer assistance committee OR
  JUDICIAL  ASSISTANCE COMMITTEE sponsored by a state or local bar associ-
  ation and any  person,  firm  or  corporation  communicating  with  such
  committee, its members or authorized agents shall be deemed to be privi-
  leged  on  the  same basis as those provided by law between attorney and
  client. Such privilege may be waived only by the person, firm or  corpo-
  ration which has furnished information to the committee.
    2.  Immunity  from  liability. Any person, firm or corporation in good
  faith providing information to, or in any other way participating in the
  affairs of, any of the committees referred to in subdivision one of this
  section shall be immune from civil liability that might otherwise result
  by reason of such conduct. For the purpose of any proceeding,  the  good
  faith of any such person, firm or corporation shall be presumed.
    S 2. This act shall take effect immediately.



   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD05953-01-3