ARIZONA STATE SENATE
Phoenix, Arizona
domestic violence shelter;
confidential communications
Establishes
that communication made by a domestic violence victim to a domestic violence advocate
is privileged. Prohibits disclosure of
privileged information without the victim’s signed waiver.
Statute
provides certain measures of protection to secure the confidentiality of
domestic violence victims. For example,
a person cannot disclose the names of people at a shelter in certain reports or
the location of a shelter in order to protect the safety of inhabitants. However, the law does not specify that
communication between a victim and a domestic violence advocate is privileged
information. At present, contact with
clergy, psychologists, attorneys, physicians, physician’s assistants and
certified behavioral health professionals is legally confidential. This bill protects the confidentiality of
domestic violence victims who confide in domestic violence advocates.
Any
potential fiscal impact on the state general fund is undetermined at this time.
1. Provides that a trained domestic violence advocate cannot disclose privileged information from a domestic violence victim without the victim’s approval.
2. States that the victim and the domestic violence advocate, or, if the victim is deceased, the victim’s attorney, guardian, conservator or personal representative may claim privilege.
3. Stipulates that privilege is not waived by testifying in court unless the victim intentionally discloses a confidential communication while testifying.
4. Requires that a domestic violence advocate have at least 16 hours of training before being employed or volunteering at a domestic violence shelter and obtain an additional 40 hours of training within six months after beginning work at a shelter.
5. Requires a shelter to maintain workers’ and employees’ training documents.
6. Defines domestic violence and domestic violence advocate.
7. Provides for a general effective date.
Prepared by Senate Staff
February 7, 2002