HF 1258

as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to evidence; establishing a domestic violence 
  1.3             victims' advocate privilege; amending Minnesota 
  1.4             Statutes 2002, section 595.02, by adding a subdivision.
  1.5   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.6      Section 1.  Minnesota Statutes 2002, section 595.02, is 
  1.7   amended by adding a subdivision to read: 
  1.8      Subd. 1b.  [DOMESTIC VIOLENCE VICTIMS' ADVOCATE 
  1.9   PRIVILEGE.] (a) The terms defined in this paragraph apply to 
  1.10  this subdivision. 
  1.11     (1) "Abuse" means causing or attempting to cause physical 
  1.12  harm; placing another in fear of imminent physical harm; causing 
  1.13  another to engage in sexual relations against the person's will 
  1.14  by force, threat of force, or coercion. 
  1.15     (2) "Confidential communication" means information 
  1.16  transmitted in confidence by and between a victim and a domestic 
  1.17  violence victims' advocate by a means which does not disclose 
  1.18  the information to a person other than a person present for the 
  1.19  benefit of the victim or to those to whom disclosure of such 
  1.20  information is reasonably necessary to the advocating and 
  1.21  assisting of the victim.  The term includes all information 
  1.22  received by the domestic violence victims' advocate which arises 
  1.23  out of and in the course of such advocating and assisting, 
  1.24  including, but not limited to, reports, records, working papers, 
  1.25  or memoranda. 
  2.1      (3) "Domestic violence victims' advocate" means a person 
  2.2   who is employed or volunteers in a domestic violence victims' 
  2.3   program who has undergone a minimum of 40 hours of training and 
  2.4   who reports to and is under the direct control and supervision 
  2.5   of a direct service supervisor of a domestic violence victims' 
  2.6   program and whose primary purpose is rendering advice, 
  2.7   advocating, or assisting victims of abuse. 
  2.8      (4) "Domestic violence victims' program" means any refuge, 
  2.9   shelter, office, safe home, institution, or center established 
  2.10  for the purpose of offering assistance to victims of abuse 
  2.11  through crisis intervention, medical, legal, or advocate support.
  2.12     (5) "Victim" means a person who has suffered abuse and who 
  2.13  consults a domestic violence victims' advocate for the purpose 
  2.14  of securing advice, advocating, or assisting the person with a 
  2.15  mental, physical, or emotional condition caused by abuse. 
  2.16     (b) A domestic violence victims' advocate must not disclose 
  2.17  confidential communication without the prior written consent of 
  2.18  the victim except as provided in this subdivision.  Confidential 
  2.19  communication is not subject to discovery in any civil, 
  2.20  legislative, or administrative proceeding without the prior 
  2.21  written consent of the victim to whom the confidential 
  2.22  communication relates.  In criminal actions confidential 
  2.23  communication is subject to discovery and shall be admissible as 
  2.24  evidence but only to the extent of information contained in the 
  2.25  communication which is exculpatory in relation to the defendant, 
  2.26  whether or not the exculpatory information is contained in the 
  2.27  communication before allowing discovery or the introduction of 
  2.28  evidence.