ARIZONA STATE SENATE
Phoenix, Arizona
domestic violence shelter;
confidential communications
Establishes
that certain 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
statements made by domestic violence victims to domestic violence advocates,
unless the domestic violence victims' statements are admissions about
committing criminal offenses.
Any
potential fiscal impact on the state general fund is undeterminable.
1. Provides that a trained domestic violence advocate cannot disclose privileged information from a domestic violence victim without the victim’s approval if the communication relates to an incident of domestic abuse for which the victim is seeking assistance.
2. Allows the privilege to be claimed by the victim, the domestic violence advocate, the victim’s attorney or a guardian.
3. Excludes from privileged communication protections the following:
a) A domestic violence victim's communication in which the victim admits to committing a criminal offense.
b) Communications that are required to be reported under the duty to report child abuse or neglect.
c) Communications that are required to be reported under the duty to prevent harm by a patient.
4. Requires that a domestic violence advocate have at least 15 hours of training within one month of being employed or volunteering at a domestic violence shelter and obtain an additional 40 hours of training within one year after beginning work at a shelter.
5. Requires a shelter to maintain volunteers' and employees’ training documents.
6. Adds domestic violence advocates to the list of professionals who must report information of suspected child abuse to a peace officer or to Child Protective Services.
7. Defines domestic violence and domestic violence advocate.
8. Provides for a general effective date.
Amendments
Adopted by Committee of the Whole
1. Adds domestic violence advocates to the list of professionals who must report information of suspected child abuse to a peace officer or to Child Protective Services.
2. Specifies that communication between a domestic violence advocate and a victim is confidential if the communication relates to an incident of domestic abuse for which the victim is seeking assistance.
3. Removes a victim's conservator and personal representative from the list of persons who may claim privilege for a deceased victim.
4. Removes provisions relating to a victim waiving the privilege by testifying in court.
5. Decreases from 16 hours to 15 hours the amount of initial training a domestic violence advocate must complete, and requires completion of training within one month of beginning work as an employee or volunteer at a domestic violence shelter.
6. Increases from six months to one year after beginning work at a shelter the time frame during which a domestic violence advocate must complete an additional 40 training hours.
7. Stipulates that privileged communication protection does not apply if the victim of domestic violence admitted to committing a criminal offense.
8. Contains technical and conforming changes.
Senate Action
JUD 3/12/02 DP 5-0-3-0
3rd Read 3/27/02 28-2-0-0
Prepared by Senate Staff
April 25, 2002