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REFERENCE TITLE: sexual assault victim advocate; privilege |
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State of Arizona Senate Fifty-second Legislature First Regular Session 2015
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SB 1425 |
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Introduced by Senators Hobbs, Miranda, Shooter
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AN ACT
Amending title 12, chapter 13, article 4, Arizona Revised Statutes, by adding section 12‑2240; relating to privileged communications.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 12, chapter 13, article 4, Arizona Revised Statutes, is amended by adding section 12-2240, to read:
12-2240. Sexual assault victim advocate; privilege; training; exception; definition
A. In a civil action, a sexual assault victim advocate shall not be examined as to any communication made by the sexual assault victim to the sexual assault victim advocate.
B. This section does not apply to a civil action brought pursuant to title 36, chapter 37, relating to the civil commitment of sexually violent persons.
C. Unless the sexual assault program or service provider has immunity under other provisions of law, the communication is not privileged if the victim advocate knows or should have known that the victim will give or has given perjurious statements or statements that would tend to disprove the existence of sexual assault.
D. The sexual assault victim advocate-victim privilege does not extend to cases in which the sexual assault victim advocate has a duty to report nonaccidental injuries and physical neglect of minors as required by section 13-3620.
E. A party to an action may make a motion for disclosure of privileged information under this section and, if the court finds reasonable cause, the court shall hold a hearing in camera as to whether the privilege should apply.
F. To qualify for the privilege prescribed in this section, a sexual assault victim advocate must have at least thirty hours of training in assisting victims of sexual assault. A portion of this training must include an explanation of privileged communication and the reporting requirements prescribed in section 13-3620.
G. A sexual assault victim advocate who is a volunteer shall perform all activities under qualified supervision.
H. The training prescribed in subsection F of this section may be provided by the sexual assault program or service provider or by an outside agency that issues a certificate of completion. The records custodian of the sexual assault program or service provider must maintain the training documents.
I. For the purposes of this section, "sexual assault victim advocate" means a person who is an employee or volunteer at a sexual assault program or service provider for victims of sexual assault and who meets the training requirements of this section.