HF 3509

as introduced - 93rd Legislature (2023 - 2024) Posted on 04/04/2024 09:30pm

A bill for an act
relating to witnesses; prohibiting domestic abuse advocates from disclosing certain
information; amending Minnesota Statutes 2022, section 595.02, subdivision 1.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2022, section 595.02, subdivision 1, is amended to read:

Subdivision 1.

Competency of witnesses.

Every person of sufficient understanding,
including a party, may testify in any action or proceeding, civil or criminal, in court or
before any person who has authority to receive evidence, except as provided in this
subdivision:

(a) A husband cannot be examined for or against his wife without her consent, nor a
wife for or against her husband without his consent, nor can either, during the marriage or
afterwards, without the consent of the other, be examined as to any communication made
by one to the other during the marriage. This exception does not apply to a civil action or
proceeding by one against the other, nor to a criminal action or proceeding for a crime
committed by one against the other or against a child of either or against a child under the
care of either spouse, nor to a criminal action or proceeding in which one is charged with
homicide or an attempt to commit homicide and the date of the marriage of the defendant
is subsequent to the date of the offense, nor to an action or proceeding for nonsupport,
neglect, dependency, or termination of parental rights.

(b) An attorney cannot, without the consent of the attorney's client, be examined as to
any communication made by the client to the attorney or the attorney's advice given thereon
in the course of professional duty; nor can any employee of the attorney be examined as to
the communication or advice, without the client's consent.

(c) A member of the clergy or other minister of any religion shall not, without the consent
of the party making the confession, be allowed to disclose a confession made to the member
of the clergy or other minister in a professional character, in the course of discipline enjoined
by the rules or practice of the religious body to which the member of the clergy or other
minister belongs; nor shall a member of the clergy or other minister of any religion be
examined as to any communication made to the member of the clergy or other minister by
any person seeking religious or spiritual advice, aid, or comfort or advice given thereon in
the course of the member of the clergy's or other minister's professional character, without
the consent of the person.

(d) A licensed physician or surgeon, dentist, or chiropractor shall not, without the consent
of the patient, be allowed to disclose any information or any opinion based thereon which
the professional acquired in attending the patient in a professional capacity, and which was
necessary to enable the professional to act in that capacity; after the decease of the patient,
in an action to recover insurance benefits, where the insurance has been in existence two
years or more, the beneficiaries shall be deemed to be the personal representatives of the
deceased person for the purpose of waiving this privilege, and no oral or written waiver of
the privilege shall have any binding force or effect except when made upon the trial or
examination where the evidence is offered or received.

(e) A public officer shall not be allowed to disclose communications made to the officer
in official confidence when the public interest would suffer by the disclosure.

(f) Persons of unsound mind and persons intoxicated at the time of their production for
examination are not competent witnesses if they lack capacity to remember or to relate
truthfully facts respecting which they are examined.

(g) A registered nurse, psychologist, consulting psychologist, or licensed social worker
engaged in a psychological or social assessment or treatment of an individual at the
individual's request shall not, without the consent of the professional's client, be allowed to
disclose any information or opinion based thereon which the professional has acquired in
attending the client in a professional capacity, and which was necessary to enable the
professional to act in that capacity. Nothing in this clause exempts licensed social workers
from compliance with the provisions of section 626.557 and chapter 260E.

(h) An interpreter for a person disabled in communication shall not, without the consent
of the person, be allowed to disclose any communication if the communication would, if
the interpreter were not present, be privileged. For purposes of this section, a "person disabled
in communication" means a person who, because of a hearing, speech or other communication
disorder, or because of the inability to speak or comprehend the English language, is unable
to understand the proceedings in which the person is required to participate. The presence
of an interpreter as an aid to communication does not destroy an otherwise existing privilege.

(i) Licensed chemical dependency counselors shall not disclose information or an opinion
based on the information which they acquire from persons consulting them in their
professional capacities, and which was necessary to enable them to act in that capacity,
except that they may do so:

(1) when informed consent has been obtained in writing, except in those circumstances
in which not to do so would violate the law or would result in clear and imminent danger
to the client or others;

(2) when the communications reveal the contemplation or ongoing commission of a
crime; or

(3) when the consulting person waives the privilege by bringing suit or filing charges
against the licensed professional whom that person consulted.

(j) A parent or the parent's minor child may not be examined as to any communication
made in confidence by the minor to the minor's parent. A communication is confidential if
made out of the presence of persons not members of the child's immediate family living in
the same household. This exception may be waived by express consent to disclosure by a
parent entitled to claim the privilege or by the child who made the communication or by
failure of the child or parent to object when the contents of a communication are demanded.
This exception does not apply to a civil action or proceeding by one spouse against the other
or by a parent or child against the other, nor to a proceeding to commit either the child or
parent to whom the communication was made or to place the person or property or either
under the control of another because of an alleged mental or physical condition, nor to a
criminal action or proceeding in which the parent is charged with a crime committed against
the person or property of the communicating child, the parent's spouse, or a child of either
the parent or the parent's spouse, or in which a child is charged with a crime or act of
delinquency committed against the person or property of a parent or a child of a parent, nor
to an action or proceeding for termination of parental rights, nor any other action or
proceeding on a petition alleging child abuse, child neglect, abandonment or nonsupport
by a parent.

(k) Sexual assault counselors may not be allowed to disclose any opinion or information
received from or about the victim without the consent of the victim. However, a counselor
may be compelled to identify or disclose information in investigations or proceedings related
to neglect or termination of parental rights if the court determines good cause exists. In
determining whether to compel disclosure, the court shall weigh the public interest and need
for disclosure against the effect on the victim, the treatment relationship, and the treatment
services if disclosure occurs. Nothing in this clause exempts sexual assault counselors from
compliance with the provisions of section 626.557 and chapter 260E.

"Sexual assault counselor" for the purpose of this section means a person who has
undergone at least 40 hours of crisis counseling training and works under the direction of
a supervisor in a crisis center, whose primary purpose is to render advice, counseling, or
assistance to victims of sexual assault.

(l) A domestic abuse advocate deleted text begin may deleted text end new text begin shall new text end not new text begin , without the consent of the victim, new text end be
deleted text begin compelled deleted text end new text begin allowed new text end to disclose any opinion or information received from or about the victim
deleted text begin without the consent of the victim unless ordered by the court deleted text end new text begin which the advocate acquired
in attending the victim in a professional capacity new text end . deleted text begin In determining whether to compel
disclosure, the court shall weigh the public interest and need for disclosure against the effect
on the victim, the relationship between the victim and domestic abuse advocate, and the
services if disclosure occurs. deleted text end Nothing in this paragraph exempts domestic abuse advocates
from compliance with the provisions of section 626.557 and chapter 260E.

For the purposes of this section, "domestic abuse advocate" means an employee or
supervised volunteer from a community-based deleted text begin battered women's shelter and deleted text end domestic abuse
program eligible to receive grants under section 611A.32; that provides information,
advocacy, crisis intervention, emergency shelter, or support to victims of domestic abuse
and who is not employed by or under the direct supervision of a law enforcement agency,
a prosecutor's office, or by a city, county, or state agency.

(m) A person cannot be examined as to any communication or document, including
work notes, made or used in the course of or because of mediation pursuant to an agreement
to mediate or a collaborative law process pursuant to an agreement to participate in
collaborative law. This does not apply to the parties in the dispute in an application to a
court by a party to have a mediated settlement agreement or a stipulated agreement resulting
from the collaborative law process set aside or reformed. A communication or document
otherwise not privileged does not become privileged because of this paragraph. This
paragraph is not intended to limit the privilege accorded to communication during mediation
or collaborative law by the common law.

(n) A child under ten years of age is a competent witness unless the court finds that the
child lacks the capacity to remember or to relate truthfully facts respecting which the child
is examined. A child describing any act or event may use language appropriate for a child
of that age.

(o) A communication assistant for a telecommunications relay system for persons who
have communication disabilities shall not, without the consent of the person making the
communication, be allowed to disclose communications made to the communication assistant
for the purpose of relaying.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2024.
new text end