SSB 1030 (LSB 1506XD (2) 86)

SENATE/HOUSE FILE _____

BY  (PROPOSED DEPARTMENT OF PUBLIC DEFENSE BILL)

A BILL FOR

An Act establishing certain privileges for military victim advocates.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 915.20, subsection 1, Code 2015, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  0a.  “Military victim advocate” means a military victim advocate as defined in section 915.20A.
    Sec. 2.  Section 915.20, subsection 2, Code 2015, is amended to read as follows:
   2.  A victim counselor or military victim advocate who is present as a result of a request by a victim shall not be denied access to any proceedings related to the offense.
    Sec. 3.  Section 915.20A, subsection 1, paragraph a, Code 2015, is amended to read as follows:
   a.  “Confidential communication” means information shared between a crime victim and a victim counselor or a military victim advocate within the counseling relationship, and includes all information received by the counselor or advocate and any advice, report, or working paper given to or prepared by the counselor or advocate in the course of the counseling relationship with the victim. “Confidential information” is confidential information which, so far as the victim is aware, is not disclosed to a third party with the exception of a person present in the consultation for the purpose of furthering the interest of the victim, a person to whom disclosure is reasonably necessary for the transmission of the information, or a person with whom disclosure is necessary for accomplishment of the purpose for which the counselor or advocate is consulted by the victim.
    Sec. 4.  Section 915.20A, subsection 1, Code 2015, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  0c.  “Military victim advocate” or “advocate” means a person who is a member of the national guard or a branch of the armed forces of the United States and who has completed a military victim advocate course provided by a branch of the armed forces of the United States or by the United States department of defense.
    Sec. 5.  Section 915.20A, subsection 1, paragraph c, Code 2015, is amended to read as follows:
   c.  “Victim” means a person who consults a victim counselor or a military victim advocate for the purpose of securing advice, counseling, or assistance concerning a mental, physical, or emotional condition caused by a violent crime committed against the person.
    Sec. 6.  Section 915.20A, subsections 2, 5, and 6, Code 2015, are amended to read as follows:
   2.  A victim counselor or a military victim advocate shall not be examined or required to give evidence in any civil or criminal proceeding as to any confidential communication made by a victim to the counselor or advocate, nor shall a clerk, secretary, stenographer, or any other employee who types or otherwise prepares or manages the confidential reports or working papers of a victim counselor or military victim advocate be required to produce evidence of any such confidential communication, unless the victim waives this privilege in writing or disclosure of the information is compelled by a court pursuant to subsection 7. Under no circumstances shall the location of a crime victim center or the identity of the victim counselor or the military victim advocate be disclosed in any civil or criminal proceeding.
   5.  The privilege under this section does not apply in matters of proof concerning the chain of custody of evidence, in matters of proof concerning the physical appearance of the victim at the time of the injury or the counselor’s or advocate’s first contact with the victim after the injury, or where the counselor or advocate has reason to believe that the victim has given perjured testimony and the defendant or the state has made an offer of proof that perjury may have been committed.
   6.  The failure of a counselor or advocate to testify due to this section shall not give rise to an inference unfavorable to the cause of the state or the cause of the defendant.
    Sec. 7.  Section 915.20A, subsection 8, paragraphs a, c, and d, Code 2015, are amended to read as follows:
   a.  The court may require the counselor or advocate from whom disclosure is sought or the victim claiming the privilege, or both, to disclose the information in chambers out of the presence and hearing of all persons except the victim and any other persons the victim is willing to have present.
   c.  If the court determines that certain information may be subject to disclosure, as provided in subsection 7, the court shall so inform the party seeking the information and shall order a subsequent hearing out of the presence of the jury, if any, at which the parties shall be allowed to examine the counselor or advocate regarding the information which the court has determined may be subject to disclosure. The court may accept other evidence at that time.
   d.  At the conclusion of a hearing under paragraph “c”, the court shall determine which information, if any, shall be disclosed and may enter an order describing the evidence which may be introduced by the moving party and prescribing the line of questioning which may be permitted. The moving party may then offer evidence pursuant to the court order. However, no A victim counselor or military victim advocate is not subject to exclusion under rule of evidence 5.615.
EXPLANATION
The inclusion of this explanation does not constitute agreement with

the explanation’s substance by the members of the general assembly.
   This bill establishes certain privileges for military victim advocates.
   Except in certain specified circumstances, current law provides that a victim counselor is privileged from examination and is not required to give evidence in civil or criminal proceedings relating to confidential communications between a victim of a violent crime and the victim counselor. The bill provides the same privilege to military victim advocates, as defined in the bill, provided that the advocate has completed a military victim advocate course. The bill also provides that a military victim advocate shall not be denied access to any proceedings related to an offense if the advocate’s presence is requested by the victim of the offense.