House Study Bill 88 - Introduced SENATE/HOUSE FILE _____ BY (PROPOSED DEPARTMENT OF PUBLIC DEFENSE BILL) A BILL FOR An Act establishing certain privileges for military victim 1 advocates. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1506XD (2) 86 aw/sc

S.F. _____ H.F. _____ Section 1. Section 915.20, subsection 1, Code 2015, is 1 amended by adding the following new paragraph: 2 NEW PARAGRAPH . 0a. “Military victim advocate” means a 3 military victim advocate as defined in section 915.20A. 4 Sec. 2. Section 915.20, subsection 2, Code 2015, is amended 5 to read as follows: 6 2. A victim counselor or military victim advocate who is 7 present as a result of a request by a victim shall not be denied 8 access to any proceedings related to the offense. 9 Sec. 3. Section 915.20A, subsection 1, paragraph a, Code 10 2015, is amended to read as follows: 11 a. “Confidential communication” means information shared 12 between a crime victim and a victim counselor or a military 13 victim advocate within the counseling relationship, and 14 includes all information received by the counselor or advocate 15 and any advice, report, or working paper given to or prepared 16 by the counselor or advocate in the course of the counseling 17 relationship with the victim. “Confidential information” 18 is confidential information which, so far as the victim is 19 aware, is not disclosed to a third party with the exception 20 of a person present in the consultation for the purpose 21 of furthering the interest of the victim, a person to whom 22 disclosure is reasonably necessary for the transmission of the 23 information, or a person with whom disclosure is necessary 24 for accomplishment of the purpose for which the counselor or 25 advocate is consulted by the victim. 26 Sec. 4. Section 915.20A, subsection 1, Code 2015, is amended 27 by adding the following new paragraph: 28 NEW PARAGRAPH . 0c. “ Military victim advocate” or “advocate” 29 means a person who is a member of the national guard or a branch 30 of the armed forces of the United States and who has completed 31 a military victim advocate course provided by a branch of the 32 armed forces of the United States or by the United States 33 department of defense. 34 Sec. 5. Section 915.20A, subsection 1, paragraph c, Code 35 -1- LSB 1506XD (2) 86 aw/sc 1/ 4

S.F. _____ H.F. _____ 2015, is amended to read as follows: 1 c. “Victim” means a person who consults a victim counselor 2 or a military victim advocate for the purpose of securing 3 advice, counseling, or assistance concerning a mental, 4 physical, or emotional condition caused by a violent crime 5 committed against the person. 6 Sec. 6. Section 915.20A, subsections 2, 5, and 6, Code 2015, 7 are amended to read as follows: 8 2. A victim counselor or a military victim advocate shall 9 not be examined or required to give evidence in any civil 10 or criminal proceeding as to any confidential communication 11 made by a victim to the counselor or advocate , nor shall a 12 clerk, secretary, stenographer, or any other employee who 13 types or otherwise prepares or manages the confidential 14 reports or working papers of a victim counselor or military 15 victim advocate be required to produce evidence of any such 16 confidential communication, unless the victim waives this 17 privilege in writing or disclosure of the information is 18 compelled by a court pursuant to subsection 7 . Under no 19 circumstances shall the location of a crime victim center or 20 the identity of the victim counselor or the military victim 21 advocate be disclosed in any civil or criminal proceeding. 22 5. The privilege under this section does not apply in 23 matters of proof concerning the chain of custody of evidence, 24 in matters of proof concerning the physical appearance of 25 the victim at the time of the injury or the counselor’s or 26 advocate’s first contact with the victim after the injury, or 27 where the counselor or advocate has reason to believe that the 28 victim has given perjured testimony and the defendant or the 29 state has made an offer of proof that perjury may have been 30 committed. 31 6. The failure of a counselor or advocate to testify due to 32 this section shall not give rise to an inference unfavorable to 33 the cause of the state or the cause of the defendant. 34 Sec. 7. Section 915.20A, subsection 8, paragraphs a, c, and 35 -2- LSB 1506XD (2) 86 aw/sc 2/ 4

S.F. _____ H.F. _____ d, Code 2015, are amended to read as follows: 1 a. The court may require the counselor or advocate from 2 whom disclosure is sought or the victim claiming the privilege, 3 or both, to disclose the information in chambers out of the 4 presence and hearing of all persons except the victim and any 5 other persons the victim is willing to have present. 6 c. If the court determines that certain information may be 7 subject to disclosure, as provided in subsection 7 , the court 8 shall so inform the party seeking the information and shall 9 order a subsequent hearing out of the presence of the jury, 10 if any, at which the parties shall be allowed to examine the 11 counselor or advocate regarding the information which the court 12 has determined may be subject to disclosure. The court may 13 accept other evidence at that time. 14 d. At the conclusion of a hearing under paragraph “c” , 15 the court shall determine which information, if any, shall be 16 disclosed and may enter an order describing the evidence which 17 may be introduced by the moving party and prescribing the line 18 of questioning which may be permitted. The moving party may 19 then offer evidence pursuant to the court order. However, no A 20 victim counselor or military victim advocate is not subject to 21 exclusion under rule of evidence 5.615. 22 EXPLANATION 23 The inclusion of this explanation does not constitute agreement with 24 the explanation’s substance by the members of the general assembly. 25 This bill establishes certain privileges for military victim 26 advocates. 27 Except in certain specified circumstances, current law 28 provides that a victim counselor is privileged from examination 29 and is not required to give evidence in civil or criminal 30 proceedings relating to confidential communications between a 31 victim of a violent crime and the victim counselor. The bill 32 provides the same privilege to military victim advocates, as 33 defined in the bill, provided that the advocate has completed a 34 military victim advocate course. The bill also provides that 35 -3- LSB 1506XD (2) 86 aw/sc 3/ 4

S.F. _____ H.F. _____ a military victim advocate shall not be denied access to any 1 proceedings related to an offense if the advocate’s presence is 2 requested by the victim of the offense. 3 -4- LSB 1506XD (2) 86 aw/sc 4/ 4