Bill Text: IA HF496 | 2015-2016 | 86th General Assembly | Enrolled
Bill Title: A bill for an act establishing certain privileges claimed for or by military victim advocates. Effective 7-1-15.
Spectrum: Committee Bill
Status: (Passed) 2015-04-08 - Signed by Governor. H.J. 814. [HF496 Detail]
Download: Iowa-2015-HF496-Enrolled.html
House File 496 - Enrolled
HOUSE FILE
BY COMMITTEE ON JUDICIARY
(SUCCESSOR TO HSB 88)
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A BILL FOR
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House File 496
AN ACT
ESTABLISHING CERTAIN PRIVILEGES CLAIMED FOR OR BY MILITARY
VICTIM ADVOCATES.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
Section 1. NEW SECTION. 916.1 Definitions.
As used in this chapter:
1. "Confidential communication" means information shared
between a victim and a military victim advocate within the
advocacy relationship, and includes all information received
by the advocate and any advice, report, or working paper given
to or prepared by the advocate in the course of the advocacy
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 advocate is
consulted by the victim.
2. "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.
3. "Special victims counsel" means military personnel
who are members of the judge advocate general's corps of the
national guard or a branch of the armed forces of the United
States, who have completed special victims counsel training,
and who are serving as a special victims counsel to a victim.
For the purposes of this chapter special victims counsel shall
also be considered military victim advocates.
4. "Victim" means a person who consults a military victim
advocate for the purpose of securing advice, advocacy,
counseling, or assistance concerning a mental, physical, or
emotional condition caused by a sexual crime committed against
the person.
Sec. 2. NEW SECTION. 916.2 Military victim advocate
privilege.
1. 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
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 an 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 6. However, under no
circumstances shall the identity of the advocate be disclosed
in any civil or criminal proceeding.
2. If a victim is deceased or has been declared to be
incompetent, the privilege specified in subsection 1 may
be waived by the guardian of the victim or by the personal
representative of the victim's estate.
3. A minor who is a member of the national guard or a
branch of the armed forces of the United States may waive the
privilege under subsection 1.
4. A 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 advocate's first
contact with the victim after the injury, or if the counselor
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.
5. The failure of an 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 a defendant.
6. Upon the motion of a party, accompanied by a written
offer of proof, a court may compel disclosure of certain
information if the court determines that all of the following
conditions are met:
a. The information sought is relevant and material evidence
of the facts and circumstances involved in an alleged criminal
act which is the subject of a criminal proceeding.
b. The probative value of the information outweighs the
harmful effect, if any, of disclosure on the victim, the
advocacy relationship, and the treatment services.
c. The information cannot be obtained by reasonable means
from any other source.
7. In ruling on a motion under subsection 6, the court, if
the motion was filed in a criminal proceeding to be tried to
the court, or a different judge, shall adhere to the following
procedure:
a. The court may require the 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.
b. If the court determines that the information is
privileged and not subject to compelled disclosure, the
information shall not be disclosed by any person without the
consent of the victim.
c. If the court determines that certain information may be
subject to disclosure, as provided in subsection 6, the court
shall so inform the party seeking the information and shall
order a subsequent hearing out of the presence of the jury,
if applicable, at which time the parties shall be allowed to
examine the advocate regarding the information that the court
has determined may be subject to disclosure. The court may
accept other evidence at the hearing.
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. A victim
advocate is not subject to exclusion under rule of evidence
5.615.
8. This section does not relate to the admission of evidence
of the victim's past sexual behavior which is strictly subject
to rule of evidence 5.412.
KRAIG PAULSEN
Speaker of the House
PAM JOCHUM
President of the Senate
I hereby certify that this bill originated in the House and
is known as House File 496, Eighty=sixth General Assembly.
CARMINE BOAL
Chief Clerk of the House
Approved , 2015
TERRY E. BRANSTAD
Governor
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