House Bill hb1163

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    Florida House of Representatives - 2002                HB 1163

        By Representative Fiorentino






  1                      A bill to be entitled

  2         An act relating to sexual assault counselors;

  3         amending s. 90.5035, F.S.; providing a

  4         definition; providing for confidential

  5         communication between a sexual crime victim and

  6         a trained volunteer at a rape crisis center;

  7         expanding the privilege of refusal to disclose

  8         certain information to include communications

  9         between a victim and a trained volunteer;

10         amending s. 794.024, F.S.; prohibiting

11         disclosure of certain identifying information

12         relating to sexual crime victims by public

13         officers or employees; providing a penalty;

14         providing an effective date.

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16  Be It Enacted by the Legislature of the State of Florida:

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18         Section 1.  Section 90.5035, Florida Statutes, is

19  amended to read:

20         90.5035  Sexual assault counselor-victim privilege.--

21         (1)  For purposes of this section:

22         (a)  A "rape crisis center" is any public or private

23  agency that offers assistance to victims of sexual assault or

24  sexual battery and their families.

25         (b)  A "sexual assault counselor" is any employee of a

26  rape crisis center whose primary purpose is the rendering of

27  advice, counseling, or assistance to victims of sexual assault

28  or sexual battery.

29         (c)  A "trained volunteer" is a person who volunteers

30  at a rape crisis center, has completed 30 hours of training in

31  assisting victims of sexual violence and related topics

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    Florida House of Representatives - 2002                HB 1163

    730-136-02






  1  provided by the rape crisis center, is supervised by members

  2  of the staff of the rape crisis center, and is included on a

  3  list of volunteers that is maintained by the rape crisis

  4  center.

  5         (d)(c)  A "victim" is a person who consults a sexual

  6  assault counselor for the purpose of securing advice,

  7  counseling, or assistance concerning a mental, physical, or

  8  emotional condition caused by a sexual assault or sexual

  9  battery, an alleged sexual assault or sexual battery, or an

10  attempted sexual assault or sexual battery.

11         (e)(d)  A communication between a sexual assault

12  counselor or a trained volunteer and a victim is

13  "confidential" if it is not intended to be disclosed to third

14  persons other than:

15         1.  Those persons present to further the interest of

16  the victim in the consultation, examination, or interview.

17         2.  Those persons necessary for the transmission of the

18  communication.

19         3.  Those persons to whom disclosure is reasonably

20  necessary to accomplish the purposes for which the sexual

21  assault counselor is consulted.

22         (2)  A victim has a privilege to refuse to disclose,

23  and to prevent any other person from disclosing, a

24  confidential communication made by the victim to a sexual

25  assault counselor or trained volunteer or any record made in

26  the course of advising, counseling, or assisting the victim.

27  Such confidential communication or record may be disclosed

28  only with the prior written consent of the victim. This

29  privilege includes any advice given by the sexual assault

30  counselor or trained volunteer in the course of that

31  relationship.

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    Florida House of Representatives - 2002                HB 1163

    730-136-02






  1         (3)  The privilege may be claimed by:

  2         (a)  The victim or the victim's attorney on his or her

  3  behalf.

  4         (b)  A guardian or conservator of the victim.

  5         (c)  The personal representative of a deceased victim.

  6         (d)  The sexual assault counselor or trained volunteer,

  7  but only on behalf of the victim. The authority of a sexual

  8  assault counselor or trained volunteer to claim the privilege

  9  is presumed in the absence of evidence to the contrary.

10         Section 2.  Section 794.024, Florida Statutes, is

11  amended to read:

12         794.024  Unlawful to disclose identifying

13  information.--

14         (1)  A public employee or officer who has access to the

15  photograph, name, or address of a person who is alleged to be

16  the victim of an offense described in this chapter, chapter

17  800, s. 827.03, s. 827.04, or s. 827.071 may not willfully and

18  knowingly disclose it to a person who is not assisting in the

19  investigation or prosecution of the alleged offense or to any

20  person other than the defendant, the defendant's attorney, or

21  a person specified in an order entered by the court having

22  jurisdiction of the alleged offense, or to organizations

23  authorized to receive such information pursuant to s.

24  119.07(3)(f), or to a rape crisis center or sexual assault

25  counselor as defined in s. 90.5035(1)(b).

26         (2)  A violation of subsection (1) constitutes a

27  misdemeanor of the second degree, punishable as provided in s.

28  775.082 or s. 775.083.

29         Section 3.  This act shall take effect July 1, 2002.

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    Florida House of Representatives - 2002                HB 1163

    730-136-02






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  2                          HOUSE SUMMARY

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      Provides for confidential communication between a sexual
  4    crime victim and a trained volunteer at a rape crisis
      center. Expands the privilege of refusal to disclose
  5    certain information to include communications between a
      victim and a trained volunteer. Prohibits disclosure of
  6    certain identifying information relating to sexual crime
      victims by public officers or employees. Provides a
  7    penalty.

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