Bill Text: CA SB668 | 2015-2016 | Regular Session | Introduced

California Senate Bill 668 (Prior Session Legislation)

Introduced

Bill Title: Sexual assault counselor-victim privilege.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2016-02-01 - Returned to Secretary of Senate pursuant to Joint Rule 56. [SB668 Detail]

Download: California-2015-SB668-Introduced.html

BILL NUMBER: SB 668	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Leyva

                        FEBRUARY 27, 2015

   An act to amend Section 1035.2 of the Evidence Code, relating to
evidence.



	LEGISLATIVE COUNSEL'S DIGEST


   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 1.  Section 1035.2 of the Evidence Code is amended to read:

   1035.2.  As used in this article, "sexual assault counselor" means
any of the following: 
   (a) A person who is engaged in any office, hospital, institution,
or center commonly known as a rape crisis center, whose primary
purpose is the rendering of advice or assistance to victims of sexual
assault and who has received a certificate evidencing completion of
a training program in the counseling of sexual assault victims issued
by a counseling center that meets the criteria for the award of a
grant established pursuant to Section 13837 of the Penal Code and who
meets one of the following requirements:  
   (1)  Is a psychotherapist as defined in Section 1010; has a master'
s degree in counseling or a related field; or has one year of
counseling experience, at least six months of which is in rape crisis
counseling.  
   (2)  Has 40 hours of training as described below and is supervised
by an individual who qualifies as a counselor under paragraph (1).
The training, supervised by a person qualified under paragraph (1),
shall include, but not be limited to, the following areas: 

   (A) Law.  
   (B) Medicine.  
   (C) Societal attitudes.  
   (D) Crisis intervention and counseling techniques. 

   (E) Role playing.  
   (F) Referral services.  
   (G) Sexuality.  
   (a) (1) A person who is employed by an organization that meets the
criteria for the award of a grant established pursuant to Section
13837 of the Penal Code, commonly known as a rape crisis center,
whether financially compensated or not, whose duties include the
counseling and assistance of sexual assault victims and who has
received a certificate evidencing completion of a 40 hour training
program in the counseling of sexual assault victims issued by an
organization that meets the criteria for the award of a grant
established pursuant to Section 13837 of the Penal Code.  
   (2) The "sexual assault counselor" shall be supervised by an
individual who has at least one year of counseling experience, 6
months of which are in rape crisis counseling, is employed by an
organization that meets the criteria for the award of a grant
established pursuant to Section 13837 of the Penal Code, whether
financially compensated or not and is one of the following: 

   (A) An individual who qualifies as a sexual assault counselor, as
described in paragraph (1).  
   (B) A psychotherapist, as described in Section 1010, or has a
master's degree in counseling or a related field.  
   (3) The 40 hour training must be supervised by a person who is a
sexual assault counselor pursuant to paragraph (1) and shall include,
but not be limited to, the following areas:  
   (A) Law.  
   (B) Medicine.  
   (C) Societal attitudes.  
   (D) Crisis intervention and counseling techniques.  
   (E) Role playing.  
   (F) Referral services.  
   (G) Sexuality. 
   (b) A person who is employed by any organization providing the
programs specified in Section 13835.2 of the Penal Code, whether
financially compensated or not, for the purpose of counseling and
assisting sexual assault victims, and who meets one of the following
requirements:
   (1)  Is a psychotherapist as defined in Section 1010; has a master'
s degree in counseling or a related field; or has one year of
counseling experience, at least six months of which is in rape
assault counseling.
   (2) Has the minimum training for sexual assault counseling
required by guidelines established by the employing agency pursuant
to subdivision (c) of Section 13835.10 of the Penal Code, and is
supervised by an individual who qualifies as a counselor under
paragraph (1). The training, supervised by a person qualified under
paragraph (1), shall include, but not be limited to, the following
areas:
   (A)  Law.
   (B) Victimology.
   (C) Counseling.
   (D) Client and system advocacy.
   (E) Referral services.