SB 668, as introduced, Leyva. Sexual assault counselor-victim privilege.
Existing law provides that a victim of a sexual assault has a privilege to refuse to disclose, and to prevent another from disclosing, a confidential communication between the victim and a sexual assault counselor if the privilege is claimed by the holder of the privilege, a person who is authorized to claim the privilege by the holder of the privilege, or the person who was the sexual assault counselor at the time of the confidential communication, except as specified. Existing law defines several terms for these purposes.
This bill would modify the definition of the term “sexual assault counselor” for purposes of the sexual assault counselor-victim privilege.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 1035.2 of the Evidence Code is amended
2to read:
As used in this article, “sexual assault counselor” means
4any of the following:
5(a) A person who is engaged in any office, hospital, institution,
6or center commonly known as a rape crisis center, whose primary
P2 1purpose is the rendering of advice or assistance to victims of sexual
2assault and who has received a certificate evidencing completion
3of a training program in the counseling of sexual assault victims
4issued by a counseling center that meets the criteria for the award
5of a grant established pursuant to Section 13837 of the Penal Code
6and who meets one of the following requirements:
7(1) Is a
psychotherapist as defined in Section 1010; has a
8master’s degree in counseling or a related field; or has one year
9of counseling experience, at least six months of which is in rape
10crisis counseling.
11(2) Has 40 hours of training as described below and is
12supervised by an individual who qualifies as a counselor under
13paragraph (1). The training, supervised by a person qualified under
14paragraph (1), shall include, but not be limited to, the following
15areas:
16(A) Law.
17(B) Medicine.
18(C) Societal attitudes.
19(D) Crisis intervention and counseling techniques.
20(E) Role playing.
21(F) Referral services.
22(G) Sexuality.
end delete
23(a) (1) A person who is employed by an organization that meets
24the criteria for the award of a grant established pursuant to Section
2513837 of the Penal Code, commonly known as a rape crisis center,
26whether financially compensated or not, whose duties include the
27counseling and assistance of sexual assault victims and who has
28received a certificate evidencing completion of a 40 hour training
29program in the counseling of sexual assault victims issued by an
30organization that meets the criteria for the award of a grant
31established pursuant to Section 13837 of the Penal Code.
32(2) The “sexual assault counselor” shall be supervised by an
33individual who has at least one year of counseling experience, 6
34months of which are in rape crisis counseling, is employed by an
35organization that meets the criteria for the award of a grant
36established pursuant to Section 13837 of
the Penal Code, whether
37financially compensated or not and is one of the following:
38(A) An individual who qualifies as a sexual assault counselor,
39as described in paragraph (1).
P3 1(B) A psychotherapist, as described in Section 1010, or has a
2master’s degree in counseling or a related field.
3(3) The 40 hour training must be supervised by a person who
4is a sexual assault counselor pursuant to paragraph (1) and shall
5include, but not be limited to, the following areas:
6(A) Law.
end insertbegin insert7(B) Medicine.
end insertbegin insert8(C) Societal attitudes.
end insertbegin insert9(D) Crisis intervention and counseling techniques.
end insertbegin insert10(E) Role playing.
end insertbegin insert11(F) Referral services.
end insertbegin insert12(G) Sexuality.
end insert
13(b) A person who is employed by any organization providing
14the programs specified in Section 13835.2 of the Penal Code,
15whether financially compensated or not, for the purpose of
16counseling and assisting sexual assault victims, and who meets
17one of the following requirements:
18(1) Is a psychotherapist as defined in Section 1010; has a
19master’s degree in counseling or a related field; or has one year
20of counseling experience, at least six months of which is in rape
21assault counseling.
22(2) Has the minimum training for sexual assault
counseling
23required by guidelines established by the employing agency
24pursuant to subdivision (c) of Section 13835.10 of the Penal Code,
25and is supervised by an individual who qualifies as a counselor
26under paragraph (1). The training, supervised by a person qualified
27under paragraph (1), shall include, but not be limited to, the
28following areas:
29(A) Law.
30(B) Victimology.
31(C) Counseling.
32(D) Client and system advocacy.
33(E) Referral services.
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