Bill Text: IA HF496 | 2015-2016 | 86th General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Introduced.html
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-Introduced.html
House File 496 - Introduced HOUSE FILE BY COMMITTEE ON JUDICIARY (SUCCESSOR TO HSB 88) A BILL FOR 1 An Act establishing certain privileges claimed for or by 2 military victim advocates. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 1506HV (2) 86 aw/sc PAG LIN 1 1 Section 1. NEW SECTION. 916.1 Definitions. 1 2 As used in this chapter: 1 3 1. "Confidential communication" means information shared 1 4 between a victim and a military victim advocate within the 1 5 advocacy relationship, and includes all information received 1 6 by the advocate and any advice, report, or working paper given 1 7 to or prepared by the advocate in the course of the advocacy 1 8 relationship with the victim. "Confidential information" 1 9 is confidential information which, so far as the victim is 1 10 aware, is not disclosed to a third party with the exception 1 11 of a person present in the consultation for the purpose 1 12 of furthering the interest of the victim, a person to whom 1 13 disclosure is reasonably necessary for the transmission of the 1 14 information, or a person with whom disclosure is necessary 1 15 for accomplishment of the purpose for which the advocate is 1 16 consulted by the victim. 1 17 2. "Military victim advocate" or "advocate" means a person 1 18 who is a member of the national guard or a branch of the armed 1 19 forces of the United States and who has completed a military 1 20 victim advocate course provided by a branch of the armed forces 1 21 of the United States or by the United States department of 1 22 defense. 1 23 3. "Special victims counsel" means military personnel 1 24 who are members of the judge advocate general's corps of the 1 25 national guard or a branch of the armed forces of the United 1 26 States, who have completed special victims counsel training, 1 27 and who are serving as a special victims counsel to a victim. 1 28 For the purposes of this chapter special victims counsel shall 1 29 also be considered military victim advocates. 1 30 4. "Victim" means a person who consults a military victim 1 31 advocate for the purpose of securing advice, advocacy, 1 32 counseling, or assistance concerning a mental, physical, or 1 33 emotional condition caused by a sexual crime committed against 1 34 the person. 1 35 Sec. 2. NEW SECTION. 916.2 Military victim advocate 2 1 privilege. 2 2 1. A military victim advocate shall not be examined or 2 3 required to give evidence in any civil or criminal proceeding 2 4 as to any confidential communication made by a victim to the 2 5 advocate, nor shall a clerk, secretary, stenographer, or any 2 6 other employee who types or otherwise prepares or manages 2 7 the confidential reports or working papers of an advocate 2 8 be required to produce evidence of any such confidential 2 9 communication, unless the victim waives this privilege 2 10 in writing or disclosure of the information is compelled 2 11 by a court pursuant to subsection 6. However, under no 2 12 circumstances shall the identity of the advocate be disclosed 2 13 in any civil or criminal proceeding. 2 14 2. If a victim is deceased or has been declared to be 2 15 incompetent, the privilege specified in subsection 1 may 2 16 be waived by the guardian of the victim or by the personal 2 17 representative of the victim's estate. 2 18 3. A minor who is a member of the national guard or a 2 19 branch of the armed forces of the United States may waive the 2 20 privilege under subsection 1. 2 21 4. A privilege under this section does not apply in matters 2 22 of proof concerning the chain of custody of evidence, in 2 23 matters of proof concerning the physical appearance of the 2 24 victim at the time of the injury or the advocate's first 2 25 contact with the victim after the injury, or if the counselor 2 26 has reason to believe that the victim has given perjured 2 27 testimony and the defendant or the state has made an offer of 2 28 proof that perjury may have been committed. 2 29 5. The failure of an advocate to testify due to this section 2 30 shall not give rise to an inference unfavorable to the cause of 2 31 the state or the cause of a defendant. 2 32 6. Upon the motion of a party, accompanied by a written 2 33 offer of proof, a court may compel disclosure of certain 2 34 information if the court determines that all of the following 2 35 conditions are met: 3 1 a. The information sought is relevant and material evidence 3 2 of the facts and circumstances involved in an alleged criminal 3 3 act which is the subject of a criminal proceeding. 3 4 b. The probative value of the information outweighs the 3 5 harmful effect, if any, of disclosure on the victim, the 3 6 advocacy relationship, and the treatment services. 3 7 c. The information cannot be obtained by reasonable means 3 8 from any other source. 3 9 7. In ruling on a motion under subsection 6, the court, if 3 10 the motion was filed in a criminal proceeding to be tried to 3 11 the court, or a different judge, shall adhere to the following 3 12 procedure: 3 13 a. The court may require the advocate from whom disclosure 3 14 is sought or the victim claiming the privilege, or both, to 3 15 disclose the information in chambers out of the presence and 3 16 hearing of all persons except the victim and any other persons 3 17 the victim is willing to have present. 3 18 b. If the court determines that the information is 3 19 privileged and not subject to compelled disclosure, the 3 20 information shall not be disclosed by any person without the 3 21 consent of the victim. 3 22 c. If the court determines that certain information may be 3 23 subject to disclosure, as provided in subsection 6, the court 3 24 shall so inform the party seeking the information and shall 3 25 order a subsequent hearing out of the presence of the jury, 3 26 if applicable, at which time the parties shall be allowed to 3 27 examine the advocate regarding the information that the court 3 28 has determined may be subject to disclosure. The court may 3 29 accept other evidence at the hearing. 3 30 d. At the conclusion of a hearing under paragraph "c", 3 31 the court shall determine which information, if any, shall be 3 32 disclosed and may enter an order describing the evidence which 3 33 may be introduced by the moving party and prescribing the line 3 34 of questioning which may be permitted. The moving party may 3 35 then offer evidence pursuant to the court order. A victim 4 1 advocate is not subject to exclusion under rule of evidence 4 2 5.615. 4 3 8. This section does not relate to the admission of evidence 4 4 of the victim's past sexual behavior which is strictly subject 4 5 to rule of evidence 5.412. 4 6 EXPLANATION 4 7 The inclusion of this explanation does not constitute agreement with 4 8 the explanation's substance by the members of the general assembly. 4 9 This bill establishes certain privileges claimed for or by 4 10 military victim advocates. 4 11 Except in certain specified circumstances, current law 4 12 provides that a victim counselor is privileged from examination 4 13 and is not required to give evidence in civil or criminal 4 14 proceedings relating to confidential communications between a 4 15 victim of a violent crime and the victim counselor. The bill 4 16 provides the same privilege to military victim advocates, as 4 17 defined in the bill, provided that the advocate has completed a 4 18 military victim advocate course. LSB 1506HV (2) 86 aw/sc
