Bill Text: GA HB656 | 2011-2012 | Regular Session | Introduced
Bill Title: Privilege of witnesses; confidentiality of communications; provide
Sponsorship: Partisan Bill (Republican 1)
Status: (Introduced - Dead) 2012-01-09 - House Second Readers [HB656 Detail]
Download: Georgia-2011-HB656-Introduced.html
11 LC 29
4859ER
House
Bill 656
By:
Representative Jacobs of the
80th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Part 1 of Article 2 of Chapter 9 of Title 24 of the Official Code of
Georgia Annotated, relating to general provisions relative to privilege of
witnesses, so as to provide for confidentiality of communications between a
family violence or sexual assault victim and agents providing services to such
victims at family violence shelters and rape crisis centers; to provide for
definitions; to provide for a waiver of confidentiality; to provide for
admissibility of certain information; to provide for related matters; to repeal
conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Part
1 of Article 2 of Chapter 9 of Title 24 of the Official Code of Georgia
Annotated, relating to general provisions relative to privilege of witnesses, is
amended by adding a new Code section to read as follows:
"24-9-31.
(a)
As used in this Code section, the term:
(1)
'Agent' means a current or former employee or volunteer of a program who has
successfully completed a minimum of 20 hours of training approved by the
Criminal Justice Coordinating Council for victim assistance
programs.
(2)
'Family violence' shall have the same meaning as provided in Code Section
19-13-1.
(3)
'Family violence shelter' means a program whose primary purpose is to provide
services to victims of family violence and their families that is not under the
direct supervision of a law enforcement agency, prosecuting attorney's office,
or an agency of this state or any of its political subdivisions.
(4)
'Family violence victim' means a person who consults a family violence shelter
for the purpose of securing advice or other services concerning an act of family
violence, an alleged act of family violence, or an attempted act of family
violence. Such term shall include persons who have a significant relationship
with such a person who have sought, for themselves, advice or other services
concerning a mental, physical, or emotional condition caused or reasonably
believed to be caused by family violence against such person.
(5)
'Program' means a family violence shelter or rape crisis center.
(6)
'Rape crisis center' means a program whose primary purpose is to provide
services to sexual assault victims and such victim's family that is not under
the direct supervision of a law enforcement agency, prosecuting attorney's
office, or an agency of this state or any of its political
subdivisions.
(7)
'Services' means any services provided to a victim by a program including but
not limited to crisis hot lines, safe homes and shelters, assessment and intake,
counseling, services for children who are victims of family violence or sexual
assault, support in medical, administrative, and judicial systems,
transportation, relocation, and crisis intervention. Such term shall not
include mandatory reporting as required by Code Section 19-7-5 or
30-5-4.
(8)
'Sexual assault' shall have the same meaning as provided in Code Section
17-5-70.
(9)
'Sexual assault victim' means a person who consults a rape crisis center for the
purpose of securing advice or other services concerning a sexual assault, an
alleged sexual assault, or an attempted sexual assault. Such term shall include
those persons who have a significant relationship with such a person who has
been sexually assaulted and who have sought, for themselves, advice or other
services concerning a mental, physical, or emotional condition caused or
reasonably believed to be caused by sexual assault against such
person.
(10)
'Victim' means a person who is a victim of family violence or of sexual
assault.
(b)
No agent of a program shall be required to disclose any information in any
judicial proceeding that the agent acquired while providing services to a
victim, provided that such information was necessary to enable the agent to
render services, unless the privilege has been waived or the court finds at a
pretrial hearing or hearing outside the presence of the jury by a preponderance
of the evidence that:
(1)
The information or testimony sought is material and relevant:
(A)
To factual issues to be determined in a civil proceeding;
(B)
And exculpatory on the issue of guilt, degree of guilt, or sentencing for the
offense charged or a lesser included offense in a criminal proceeding;
or
(C)
To factual issues in a criminal proceeding and the victim is
deceased;
(2)
The evidence is not sought solely for the purpose of impeachment of
character;
(3)
The evidence sought is not cumulative of other evidence or information available
or already obtained by the party seeking disclosure; and
(4)
The effect of the disclosure on the victim, including the impact of the
disclosure on the relationship between the victim and the agent and the delivery
and accessibility of services, is outweighed by the public interest and need for
disclosure."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.
