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.
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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
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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
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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
16-1384-02
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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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