This bill generally prohibits an employee or volunteer of a domestic violence shelter, crisis line, or victim services provider that provides services for victims of domestic violence, sexual assault, stalking, or human trafficking, and who has completed a minimum of 20 hours of relevant training ("advocate"), from disclosing any of the following in a judicial, legislative, or administrative proceeding, except when a report of abuse is otherwise required by law:
(1) A communication;
(2) Records regarding a victim stored by the advocate in the course of business;
(3) Counseling that a victim received;
(4) Crisis intervention services that a victim received; or
(5) The location of the shelter that accommodated a victim.
WAIVERS
This bill authorizes the victim to waive by express written consent the privilege of the confidential communications described above. However, this bill clarifies that a victim's consent is not implied when the victim is a party to such a proceeding and that the privilege terminates upon the victim's death.
Additionally, if the victim files a lawsuit against an advocate or a victim services provider, then this bill does not limit the ability of the advocate or provider from raising a defense when the confidential communications are relevant to a claim or defense. As used in this bill, "victim services provider" does not include a law enforcement agency, the department of children's services, the department of human services, the division of adult protective services, or the office of a district attorney general.
COURT'S ABILITY TO COMPEL DISCLOSURE
This bill does not limit the ability of a court to compel disclosure if, upon the motion of a party, the court determines the following after an in-camera review:
(1) The information sought is relevant and material evidence of the facts and circumstances involved in an alleged criminal act that is the subject of a criminal proceeding;
(2) The probative value of the information outweighs the harmful effect of disclosure, if any, on the victim, the victim-advocate relationship, and the treatment services; and
(3) The information cannot be obtained by reasonable means from any other source.
APPLICABILITY
This bill does not:
(1) Apply to advocates with child advocacy centers and child protective investigator teams;
(2) Limit access to records by the department of children's services when the department is investigating an allegation of child abuse or neglect; or
(3) Limit or expand the ability of law enforcement to make arrangements with a shelter in order to serve legal papers or process on an abused person staying there.
ON APRIL 13, 2023, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 1205, AS AMENDED.
AMENDMENT #1 revises the provisions relative to a court's ability to compel disclosure, to provide that this bill does not limit the ability of a court to compel disclosure if, upon the motion of a party, the court determines after an in-camera review that:
(1) The information sought is relevant and material evidence of the facts and circumstances involved in an alleged criminal act that is the subject of a criminal proceeding or a proceeding brought by the department of children's;
(2) The probative value of the information outweighs the harmful effect of disclosure, if any, on the victim, the victim-advocate relationship, and the treatment services; and
(3) The information cannot be obtained by reasonable means from any other source.