Senate Bill sb1656

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    Florida Senate - 2002                                  SB 1656

    By Senator Burt





    16-1384-02

  1                      A bill to be entitled

  2         An act relating to rape crisis centers;

  3         amending s. 90.5035, F.S.; defining the term

  4         "trained volunteer"; providing for an

  5         evidentiary privilege with respect to

  6         information received by a trained volunteer;

  7         amending s. 794.024, F.S.; authorizing public

  8         employees or officers to disclose specified

  9         information to a rape crisis center, sexual

10         assault counselor, or trained volunteer;

11         providing an effective date.

12

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

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15         Section 1.  Section 90.5035, Florida Statutes, is

16  amended to read:

17         90.5035  Sexual assault counselor-victim privilege.--

18         (1)  For purposes of this section:

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

20  agency that offers assistance to victims of sexual assault or

21  sexual battery and their families.

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

23  rape crisis center whose primary purpose is the rendering of

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

25  or sexual battery.

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

27  with a rape crisis center, has completed 30 hours of training

28  in assisting victims of sexual violence and related topics

29  provided by the rape crisis center, is supervised by staff of

30  the rape crisis center, and whose name is maintained on a

31  volunteer list by the rape crisis center.

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    Florida Senate - 2002                                  SB 1656
    16-1384-02




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

  2  assault counselor or a trained volunteer for the purpose of

  3  securing advice, counseling, or assistance concerning a

  4  mental, physical, or emotional condition caused by a sexual

  5  assault or sexual battery, an alleged sexual assault or sexual

  6  battery, or an attempted sexual assault or sexual battery.

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

  8  counselor or a trained volunteer and a victim is

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

10  persons other than:

11         1.  Those persons present to further the interest of

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

13         2.  Those persons necessary for the transmission of the

14  communication.

15         3.  Those persons to whom disclosure is reasonably

16  necessary to accomplish the purposes for which the sexual

17  assault counselor or the trained volunteer is consulted.

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

19  and to prevent any other person from disclosing, a

20  confidential communication made by the victim to a sexual

21  assault counselor or a trained volunteer or any record made in

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

23  Such confidential communication or record may be disclosed

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

25  privilege includes any advice given by the sexual assault

26  counselor or the trained volunteer in the course of that

27  relationship.

28         (3)  The privilege may be claimed by:

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

30  behalf.

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

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    Florida Senate - 2002                                  SB 1656
    16-1384-02




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

  2         (d)  The sexual assault counselor or the trained

  3  volunteer, but only on behalf of the victim. The authority of

  4  a sexual assault counselor or the trained volunteer to claim

  5  the privilege is presumed in the absence of evidence to the

  6  contrary.

  7         Section 2.  Section 794.024, Florida Statutes, is

  8  amended to read:

  9         794.024  Unlawful to disclose identifying

10  information.--

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

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

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

14  800, s. 827.03, s. 827.04, or s. 827.071 may not willfully and

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

16  investigation or prosecution of the alleged offense or to any

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

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

19  jurisdiction of the alleged offense, or to organizations

20  authorized to receive such information pursuant to s.

21  119.07(3)(f), or a rape crisis center, sexual assault

22  counselor, or trained volunteer in a rape crisis center as

23  defined in s. 90.5035.

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

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

26  775.082 or s. 775.083.

27         Section 3.  This act shall take effect upon becoming a

28  law.

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    Florida Senate - 2002                                  SB 1656
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  2                          SENATE SUMMARY

  3    Provides an evidentiary privilege with respect to
      information received by a trained volunteer of a rape
  4    crisis center. Permits public employees or officers to
      disclose specified confidential information to specified
  5    agents of a rape crisis center.

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